This action might not be possible to undo. Are you sure you want to continue?
I. Historical and Constitutional Considerations
law is silent as to the control which the President may exercise, the President can only supervise, i.e., to see to it that the laws are faithfully executed.
The 3 branches of government lack
Development of Administrative
(1) time, (2) expertise, and (3) organizational aptitude for effective and continuing regulation of new developments in society [Stone]. Thus, there is a need for a body which would act as a “catchbasin,” otherwise the 3 branches would collapse. The Administrative Agency supports the trichotomy of powers. A. Definition of Terms 1. Administrative Law
Law as a distinct field of public law
Factors Responsible for
the Emergence of Administrative Agencies a. Growing complexities of modern life; b. Multiplication of number of subjects needing government regulation; and c. Increased difficulty of administering laws. [Laurel, J. in Pangasinan Transportation v Public Service Commission (1940)]
Doctrine of “Separation of Powers” and the constitutional position of Administrative Agencies
Meaning: Branch of public law
dealing with the doctrines and principles governing the powers and procedures of administrative agencies, especially including judicial review of administrative action. [Prof. Kenneth Culp Davis]
The Doctrine of Separation of Powers, though not mentioned anywhere by such name in the 1987 Constitution, can be inferred from its provisions. The heart of the doctrine is that the basic powers of the government must be kept separate from each other, each power being under the principal control of a branch of government. The legislative power is granted to the Congress, the executive power to the President, and the judicial power to the Judiciary.
Meaning: Branch of public law
which fixes the organization and determines the competence of administrative authorities and indicates to the individual remedies for the violation of his rights. [Nachura] • Kinds of Administrative Law: Statutes setting up administrative authorities.
Rules, regulations, or orders of such administrative authorities promulgated pursuant to the purposes for which they were created.
The President as Chief Executive
exercises control over agencies and offices which perform rule-making or adjudicatory functions.
If the agency is created by Congress,
Determinations, decisions, and orders of such administrative
consider the law that created it. If the
Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]
authorities made in settlement of controversies arising in their particular fields. carry out its regulatory duty. On its rulemaking authority, it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.
Body of doctrines and decisions dealing with the creation, operation, and effect of determinations and regulations of such administrative authorities.
Any department, bureau, office,
commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary powers as provided by law. [Sec. 2, Book VII, Admin Code of 1987] 3. Powers of an Administrative Agency
Administration: Meaning: Understood in 2 different
As a function: The execution, in
non-judicial matters, of the law or will of the State as expressed by competent authority.
As an organization: That group or
aggregate of persons in whose hands the reins of government are for the time being.
Distinguished from government: Kinds:
legislative or rule-making power.
Internal: Legal side of public
administration (e.g. matters concerning personnel; fiscal and planning activities).
judicial or adjudicatory power.
External: Deals with problems of
government regulations (e.g. regulation of professions, industries or businesses). 2. Administrative Agency
ve powers [Nachura] • • • Licensing. Price/rate-fixing.
Implementing or executing.
Meaning: Any governmental
Types of Administrative Agencies As to purpose:
organ or authority, other than a court or legislative body, which affects the rights of private parties, through rule-making and adjudication. [Davis; Nachura]
Government grant or gratuity,
special privilege. Bureau of Lands, Phil.
A body or agency is
Veterans Admin., GSIS, SSS, PAO,
administrative where its function is primarily regulatory, even if it conducts hearings and determines controversies to
Carrying out the actual business
Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]
• BIR, Customs, Immigration, Land Registration Authority, etc.
Office of the Ombudsman.
[Art. IX, Sec. 5] National Economic and
Service for public benefit. Philpost, PNR, MWSS, NFA,
Development Authority. [Art. XII, Sec. 20]
Regulation of businesses affected
with public interest. Insurance Commission, LTFRB, NTC, HLURB, etc.
An agency on Cooperatives.
[Art. XII, Sec. 15] An independent Central
Regulation of private businesses
Monetary Authority. [Art XII, Sec.
and individuals. SEC, etc. Adjustment of individual
• • •
Commission. [Art. XIV, Sec. 9] National Police Commission.
controversies because of a strong social policy involved.
[Art. XVI, Sec. 6] Consultative Body on
ECC, NLRC, SEC, DAR, COA,
Indigenous Cultural Communities. Government as private party. [Art. XVI, Sec. 12]
• b. 1.
Legislative enactment / Congressional Statute (regulatory agency).
As to the organic law of creation: 1987 Constitutional provision.
• • •
Civil Service Commission.
• • • •
National Labor Relations
[Art. IX-B] Commission on Elections.
Commission. Social Security Commission. Commission on Immigration
[Art. IX-C] Commission on Audit. [Art.
and Deportation. Securities and Exchange
• • • • •
Commission on Human
Rights. [Art. XIII, Sec. 17] Commission on
• • •
Philippine Patent Office. Professional Regulation
Appointments. [Art. VI, Sec. 18] Senate Electoral Tribunal.
Commission. Games and Amusement
[Art. VI, Sec. 17] House of Representatives
• • •
Board of Energy. Insurance Commission. Dangerous Drugs Board.
Electoral Tribunal. [Art. VI, Sec. 17] Judicial and Bar Council.
[Art. VIII, Sec. 8]
Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez.acads] [Jam_Jacob.design] Bobbie_StaMaria.printing] [Miles_Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law]
Office of the Special Prosecutor. National Language Commission. Advantages of Administrative Regulation Regulation by government opens a way for action to be taken in the public interest to prevent future harm when there would be no assurance that any action would be taken if the initiative were left wholly to interested individuals. Lorybeth_Baldrias. 2. It permits the rules for the Regulations prevention of socially hurtful conduct to be Supplementary flexible rules based on discretion. Office of the Insurance Commissioner. c. 5.secretariat] [Dionne_Sanchez. Contingent Other Constitutional Bodies.acads] [Jam_Jacob. Bureau of Customs. It provides for action that will be based on technical knowledge. if it were taken through the ordinary courts of law. Land Transportation Commission. Office of the President and Cabinet. It ensures that the action taken will have regard for the interests of the general public in a way not possible if it were only the outcome of a controversy between private parties to a suit. c) • Sandiganbayan. Independent Constitutional Commissions. Cases a) / detailed legislation: To “fix the details” in the execution and enforcement of a legislative policy (e. CB Circulars). Kinds of Administrative Rules or d.comm_law] [Ces_Sicangco/Rowena_Romero. Commission on Human Rights.design] Bobbie_StaMaria.civ_law] [Hya_Rafael/Mac_Macapagal.g. and thus make possible the introduction of order in fields not advantageously permitting the application of rules of a rigid permanent character. MWSS. [Dickinson] B. BIR Circulars. having in their favor the presumption of legality [Gonzalez v Land Bank]. COMELEC.rem_law] [Paul_Sorino/Judy_Ripol.tax_law] . National Police Commission. NPC. COA. Economic and Planning Agency.deputy] [Rhudz_Raymundo. Ombudsman.155 3. b) Interpretative legislation: To construe or interpret the provisions of a statute to be enforced. Central Monetary Authority. b. CID. Public Corporation. They have the effect of law and are entitled to great respect.poli_law] [Ascheia_Yumul. • 5.g. As to hierarchy: 1. BIR.lectures] [Japee_DeLeon. • SEC. Rules and Regulations Implementing the Labor Code). NLRC. 4. c.head] [Nayna_Malayang. DBP.crim_law] [Vivian_Tan/Justin_Mendoza. legislation: Made by an administrative authority on the existence of certain facts or things upon which the enforcement of the law depends. • 3. [Cruz v Youngberg] 6.labor_law] [Miguel_DeJesus.printing] [Miles_Malaya. UP. NDC. Regulatory Commission. CSC. binding on all concerned until changed.legal_ethics] [Lianne_Gervasio. Executive Order (fact-finding agency) / Authority of law. Commission on Indigenous Cultural Communities. The erroneous application of the law by public officers does not bar a subsequent correct application [Manila Jockey Club v CA (1998)] (e. a. which would not be available.
156 • Manila Electric Co. and the promulgation of rules and regulations top better carry out legislative policy or such as are designated to any agency by the organic law of its existence.tax_law] .deputy] [Rhudz_Raymundo. Pasay Transport (1932) The SC should strictly confine its own sphere of influence to the powers expressly or by implication conferred on it by the Organic Act.lectures] [Japee_DeLeon. and would diminish the control of the Chief Executive over executive officials. • (1968) The legislature could not have intended for the Land Registration Commissioner and other similarly ranked officials to hold same rank as a judge of the CFI. the latter prevails. by any authority other than the CA or the SC. worse still. Control of Administrative Action Eastern Shipping Lines v • Garcia v.legal_ethics] [Lianne_Gervasio. Macaraig (1971) The line between what a judge may and may not do in working with other offices under the other departments must always be jealously observed. or to assume any duty not pertaining to or connected with administering judicial functions. review. A contrary rule would permit an Assemblyman to influence an administrative body just by acquiring minimal participation in the “interest” of the client and then “intervening” in the proceedings. Legislative control Lorybeth_Baldrias.comm_law] [Ces_Sicangco/Rowena_Romero. The SC and its members should not nor cannot be required to exercise any power or to perform any task. v Members of SC and inferior courts of justice shall not be designated to any agency performing quasi-judicial or administrative functions. Ass’n of Service Both LOIs and EOs are presidential issuances. one may repeal or otherwise alter. being violative of the separation of powers.printing] [Miles_Malaya.crim_law] [Vivian_Tan/Justin_Mendoza. before they can have any legal effect. • CA (1998) An administrative agency has no discretion WON to implement a law.poli_law] [Ascheia_Yumul.civ_law] [Hya_Rafael/Mac_Macapagal.secretariat] [Dionne_Sanchez. II. modify or amend the other. who are performing executive functions and thus under the supervision and control of the President.labor_law] [Miguel_DeJesus. Its duty is to enforce the law. because it would place upon the SC the duty of investigating and disciplining these officials. depending on which comes later. Noblejas vs. A board of arbitrators is not a court in any proper sense of the term.head] [Nayna_Malayang.” RTC judges should render assistance to said agencies only when such assistance may be reasonably incidental to the fulfillment of their judicial duties. No judge of even the lowest court should place himself in a position where his actuations would be subject to review and prior approval and. Thus if there is a conflict between the circular issued by the agency and an EO issued by the president. Administrative agencies and the executive power of the President 1. It would be unconstitutional. Administrative functions “involve the regulation and control over the conduct and affairs of individuals for their own welfare. • Puyat v De Guzman An indirect appearance as counsel by an Assemblyman before an administrative body circumvents the Constitutional prohibition. Teehankee • Exporters v Torres Phil. lest the principle of separation of powers be eroded.rem_law] [Paul_Sorino/Judy_Ripol. • In re: Manzano (1988) A.acads] [Jam_Jacob. and possesses none of the jurisdiction granted by the Organic Act to the SC.design] Bobbie_StaMaria.
public suffers. • 2. Congressional investigation. otherwise. 1987 Constitution: Department heads Lorybeth_Baldrias.labor_law] [Miguel_DeJesus. • E. 1987 Consti. VI. 4. the Legislative 1. Sec. Legislative supervision. b. and sworn duty to preserve and defend the Constitution and execute the laws (which entitles the President to influence the conduct of administrative bodies if in his view they violate the Constitution). Power to abolish is not effective because administrative agencies are needed.lectures] [Japee_DeLeon. Persons appearing therein afforded their rights. Prescription of minimum Art.comm_law] [Ces_Sicangco/Rowena_Romero. 22.rem_law] [Paul_Sorino/Judy_Ripol. or even abolish agencies. – Allows economy and efficiency of government operations. Pprescription of legislative • Legislative veto: Congress standards. • Congress has budgetary 2. • The standards must be effective and sufficient. The President shall have control of all the executive departments. 2. legislation and cannot serve the need for constant regulation. no appreciable effect because annual appropriation usually gets Congressional approval.civ_law] [Hya_Rafael/Mac_Macapagal. He shall ensure that the laws be faithfully executed. bureaus. 17.1. • Ineffective because the standards should be flexible and those who make the standards lack the expertise.g. Sec. The executive power shall be vested in the President of the Philippines. Congressional Oversight Committee [Macalintal v COMELEC] • Power of appointment. Sec. has “right” to approve/disapprove any regulation before it takes effect. VII. • Effective only as an aid in c) 3.legal_ethics] [Lianne_Gervasio.printing] [Miles_Malaya.deputy] [Rhudz_Raymundo. Investigatory. • 3 limitations under the 1987 Constitution: a) b) In aid of legislation. Conducted in power. In actual life.secretariat] [Dionne_Sanchez. procedural requirements. modify.poli_law] [Ascheia_Yumul. Executive control 5. budgetary hearings merge. Appropriation. VII. Creation and abolition. Scrutiny. and 3. • There must be a shift towards having administrative standards instead to allow the agencies enough flexibility.tax_law] . Art. 1. and offices. 1987 Consti. Art. accordance with duly published rules of procedure. Powers of may be ordered to appear on any matter pertaining to their departments. • • Based on the power of appropriation.head] [Nayna_Malayang.157 a.acads] [Jam_Jacob. divide.crim_law] [Vivian_Tan/Justin_Mendoza.design] Bobbie_StaMaria. • Congress can create. power of control over all offices in the Executive branch.
Radical view: Courts should review not only agency’s conclusions of law but even its determinations of fact and policy.comm_law] [Ces_Sicangco/Rowena_Romero. Public assistance functions. any act or omission of any public officer or employee. Lorybeth_Baldrias. administrative agencies except when such agencies are created by the legislature. but not on questions of fact and policy. b.deputy] [Rhudz_Raymundo. Absence of revisory jurisdiction.crim_law] [Vivian_Tan/Justin_Mendoza.rem_law] [Paul_Sorino/Judy_Ripol. improper or inefficient. It is a.lectures] [Japee_DeLeon.printing] [Miles_Malaya. From a complaint. characteristics: Own initiative. • The office of the Ombudsman has the power to investigate and prosecute on its own Powers: or on complaint by any person. Political independence. Grant of investigatory power. 4. This power has been held to include the investigation and prosecution of any crime committed by a public official regardless of whether the acts or omissions Necessary complained of are related to. Prosecutorial. • Traditional/Accepted view: Judicial review is allowed on questions of law and jurisdiction.158 • The President controls 1. except those who may be removed only by impeachment. • • 3. when such act or omission appears to be illegal.labor_law] [Miguel_DeJesus. 3. [Concerned Officials of the MWSS v Vasquez (1995)] • • Power of judicial review over decisions of administrative agencies. Investigatory. the performance of his official duty. 1.design] Bobbie_StaMaria. 4. the President cannot exercise control but merely supervision. Judicial Control 2. or arise from. Courts are confined to seeing to it that agencies stay within the limits of their power or to checking arbitrariness in the administrative process. If the law is silent. Ombudsman • All elective and appointive officials.civ_law] [Hya_Rafael/Mac_Macapagal. including cabinet members. Courts defer to the expertise and experience of agencies in their areas of specialization. Jurisdiction: The Ombudsman may not veto or revise an exercise of judgment or discretion by an agency or officer upon whom that judgment or discretion is lawfully vested especially when the matter involves basically technical matters coming under the special technical knowledge and training of the agency or officer.poli_law] [Ascheia_Yumul.secretariat] [Dionne_Sanchez.legal_ethics] [Lianne_Gervasio. • Accessibility and expedition / independence.tax_law] . office or agency.head] [Nayna_Malayang. GOCC’s and local government are within its jurisdiction. or connected with. 2. One must check the enabling laws regarding the particular legislative intent. 4. 3. c. Authority to inquire and obtain information.acads] [Jam_Jacob. unjust.
13(3). it must set forth the policy to be executed.acads] [Jam_Jacob.poli_law] [Ascheia_Yumul.printing] [Miles_Malaya.secretariat] [Dionne_Sanchez. 1. therefore. • Under Sec. [Fuentes v Office of the Ombudsman (2001)] a. the Ombudsman has the right to change his action/decision.deputy] [Rhudz_Raymundo. No other entity or official of the Government has the competence to review a judicial order or decision and pronounce it erroneous so as to lay the basis for a criminal or administrative complaint. Rather. XI. Powers and Functions of Administrative Agencies official or employee.head] [Nayna_Malayang. reverse or modify a decision of a prosecutor deputized or designated to be under the Ombudsman’s control and supervision. to which the delegate must conform in the performance of his functions. unsigned. Art.design] Bobbie_StaMaria.rem_law] [Paul_Sorino/Judy_Ripol. – What has been delegated cannot be delegated. Ombudsman may not initiate a criminal or administrative complaint against a judge. all actions/decisions made by the prosecutor are deemed as action/decisions of the Ombudsman. the delegated prosecutor acts as the Ombudsman’s agent. It can do so even on a verbal. 2) The law must fix a standard. [Ledesma v CA (2005)] • The pendency of an action is not a prerequisite for the Ombudsman to start its own investigation. Implied. and direct and compel the head of the office or agency concerned to implement the penalty imposed. or unverified complaint.labor_law] [Miguel_DeJesus.comm_law] [Ces_Sicangco/Rowena_Romero. Legislative function • Non-delegation doctrine The Potestas delegata non delegare potest.lectures] [Japee_DeLeon. [Edu v Ericta (1970)] or Lorybeth_Baldrias. the limits of which are sufficiently determinate or determinable. General (1965)] Requisites for a valid delegation: [Pelaez v Auditor 1) The law must be complete in itself.159 enough that the act or omission was committed by a public official. [BIR v Ombudsman (2002)] A. revise. Seen in this light. the “recommendation” that emanates from the Ombudsman after it has conducted its investigation is not merely advisory but binding and mandatory. The Ombudsman may review. III.legal_ethics] [Lianne_Gervasio.crim_law] [Vivian_Tan/Justin_Mendoza. 1987 Constitution. [Lastimosa v Vasquez (1995)] Note: The Ombudsman has absolutely no revisory powers.tax_law] . The Ombudsman has the authority to determine the administrative liability of a public • he standard may be: T (a) (b) Express. The Ombudsman must indorse the case to the SC for appropriate action. direct.civ_law] [Hya_Rafael/Mac_Macapagal.
[Panama Refining v Ryan (1935)] Cardozo. [Pelaez v Auditor General T (1965)] • he Constitution has never been • Note: Although the creation regarded as denying to Congress the necessary flexibility and practicality which will enable it to perform its function in laying down policies and establishing standards. are Lorybeth_Baldrias.labor_law] [Miguel_DeJesus. 2. Defining a crime.head] [Nayna_Malayang. of municipalities is purely a legislative matter.lectures] [Japee_DeLeon. Delegation to local (b) Indicates the circumstances under which the legislative command is to be effected. upon discovering them. marks its limits. What cannot be delegated 1. Permissible delegation a. J. maps out its boundaries and specifies the public agency to apply it. Delegation to the people-at-large. import and export quotas. while leaving to selected instrumentalities the making of subordinate rules within prescribed limits and the determination of facts to which the policy as declared by the legislative to apply.deputy] [Rhudz_Raymundo. It is canalized within banks that keep it from overflowing. ABAKADA Guro List v Ermita (2005)] authorities.tax_law] . S Valid delegation: [People v Vera (1937)] 1. Chiongbian v Orbos says that the merging of administrative regions is an administrative matter. do anything he pleases.poli_law] [Ascheia_Yumul. There is a distinction between (a) delegation of power to make the law and (b) conferring authority/discretion as to its execution. dissent: There has been no grant to the Executive of any roving commission to inquire into evils and then.printing] [Miles_Malaya. and 2.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza. Delegation to administrative agencies. statutes on the same matter and not necessarily in the same law being challenged. Ascertainment of fact. People v Maceren] 2. Creation of municipalities. 3. Fix tariffs. • A statute may give to non- judicial officers the power to declare the existence of facts which call into operation its provisions and may grant them and their subordinate officers power to ascertain and determine appropriate facts as a basis of procedure in the enforcement of laws.comm_law] [Ces_Sicangco/Rowena_Romero.civ_law] [Hya_Rafael/Mac_Macapagal. whether judicial or quasi-judicial.acads] [Jam_Jacob. [Chiongbian v Orbos (1995)] • ufficient standard: One which (a) Defines legislative policy. tonnage and wharfage fees. b. Such functions. c. 5. [Santiago v COMELEC (1997).legal_ethics] [Lianne_Gervasio. 4.rem_law] [Paul_Sorino/Judy_Ripol.design] Bobbie_StaMaria. [US v Ang Tang Ho (1922).160 (c) Embodied in other Discretion is not unconfined and vagrant. Emergency powers.
Administrative rule-making. from necessity and as a means of enforcement and execution. They are validly conferable upon executive officials provided the party affected is given the opportunity to be heard. Home Development Mutual Fund (1999)] • The legislature. expand. [Alegre v Collector of Customs (1920)] c. [Land Bank v CA (1995)] b. the basic law prevails. Filling in of details. diminish. • A statute which leaves to the Executive the power to fill in the technical details in view of the latter’s expertise is a recognized delegation of legislative power.labor_law] [Miguel_DeJesus. power: Limits on rule-making h) If there is a) Must be discrepancy between the basic law and an administrative rule.acads] [Jam_Jacob. [China Banking v Member of the Board of Trustees. (Ass’n of Phil.lectures] [Japee_DeLeon.head] [Nayna_Malayang.poli_law] [Ascheia_Yumul. [Olsen v Aldanese (1922)] b) Must not amend the law or must not be inconsistent with the law.161 merely incidental to the exercise of power granted by law to clear navigable streams of unauthorized obstructions. grave abuse or lack of jurisdiction clearly conflicting with either the letter or the spirit of the law.rem_law] [Paul_Sorino/Judy_Ripol. g) The basic law should prevail as embodiment of the legislative purpose. [Lovina v Moreno (1963)] e) Must not restrict.civ_law] [Hya_Rafael/Mac_Macapagal. supplant or modify the law. [Maxima Realty v Parkway Real Estate (2004)] authorized by law. [Toledo v CSC (1991)] j) May not dismantle a regulatory system that was set up by law.printing] [Miles_Malaya. [Ople v Torres (1998)] c) Maceren (1977)] Must not define a criminal act.crim_law] [Vivian_Tan/Justin_Mendoza. rules and regulations cannot go beyond the law’s terms and provisions.secretariat] [Dionne_Sanchez.legal_ethics] [Lianne_Gervasio.deputy] [Rhudz_Raymundo.tax_law] . 1. Coconut Desiccators v PHILCOA (1998)) k) May not delegate. [People v d) Must be germane to the purpose of the law which it was meant to implement. [GMCR v Bell Telecom (1997)] f) Action of the administrative agency to be set aside if there is an error of law. have to delegate such power. power to promulgate rules may be legitimately exercised only for carrying the provisions of the law into effect. to a mere constituent Lorybeth_Baldrias. requiring the adjustment of various other contending policies. [Syman v Jacinto (1953)] i) May not unilaterally impose a new legislative policy.design] Bobbie_StaMaria.comm_law] [Ces_Sicangco/Rowena_Romero.
and welfare. 1987). and the bulletin shall contain a notice stating the general subject matter of the omitted rule and how copies thereof Art. expensive or otherwise inexpedient. [Republic v Express Telecomm (2002)] Exceptions: (a) Different date is fixed by law or specified in the rule.g. – The University of the Philippines Law Center shall: (1) Publish a quarterly bulletin setting forth the text of rules filed with it during the preceding quarter.design] Bobbie_StaMaria.g.comm_law] [Ces_Sicangco/Rowena_Romero. 1987 Admin Code.legal_ethics] [Lianne_Gervasio. (b) In case of imminent danger to public health.rem_law] [Paul_Sorino/Judy_Ripol. 2. such being an abdication of responsibility by the latter. the rulemaking authority legislatively vested in the head of an executive department (e. and (2) Keep an up-to-date codification of all rules thus published and remaining in effect together with a complete index and appropriate tables. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.acads] [Jam_Jacob. safety.162 unit (e. 5. 1987 Admin Code. (b) Internal regulations (i. 6.secretariat] [Dionne_Sanchez. Sec. Civil Code (as amended by EO 200. Publication and effectivity.crim_law] [Vivian_Tan/Justin_Mendoza. the existence of which must be expressed in a statement accompanying the rule.e.deputy] [Rhudz_Raymundo. Effectivity.head] [Nayna_Malayang. (c) Letters of instructions issued by administrative superior to subordinates. – Laws shall take effect after 15 days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines. [Echegaray v Secretary of Justice (1998)] Sec.civ_law] [Hya_Rafael/Mac_Macapagal. • General rule: Administrative rules and regulations are subject to the publication and effectivity rules of the Admin Code in relation to the Civil Code: Effectivity is 15 days after publication. safety and welfare. Bureau of Corrections). 4. – (1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if its publication would be unduly cumbersome. 1987 Admin Code. – In addition to other rule-making requirements provided by law not inconsistent with this Book.labor_law] [Miguel_DeJesus. Publication and Recording. or specified in the ruling in cases of imminent danger to public health.lectures] [Japee_DeLeon. but copies of that rule shall be made available on application in the agency which adopted it. may be obtained. unless it is otherwise provided. each rule shall become effective 15 days from the date of filing as above provided unless a different date is fixed by law. • General rule: Publication is indispensable especially if the rule is general in character. • Circulars which prescribe a penalty for its Lorybeth_Baldrias.printing] [Miles_Malaya.tax_law] . 2. not 15 days from date of filing with the UP Law Center. Sec. regulating only personnel of agency). June 8. Exceptions: (a) Interpretative rules.poli_law] [Ascheia_Yumul. DoJ). Omission of Some Rules.
printing] [Miles_Malaya. or involve an unlawful use of legislative or judicial power.rem_law] [Paul_Sorino/Judy_Ripol. • Administrative agencies in the discharge of their duties are necessarily called upon to construe and apply the provisions of the law under which they function. When laws are susceptible of two or more interpretations. • If a rule is penal in character. They may also interpret their own rules which have the force and effect of law.lectures] [Japee_DeLeon. [People v Maceren (1977)] 4.secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob. prohibiting or punishing certain acts which the law does not even define as a criminal act. This necessity for and power of construction and interpretation does not change the character of a ministerial duty. a law. especially its penal provisions.legal_ethics] [Lianne_Gervasio.design] Bobbie_StaMaria. pursuant to law is punishable as a crime or subject to a penalty shall in all cases be published in full text. The law should also define or fix the penalty for the violation. • Publicatio n in OG or newspaper of general circulation is indispensable in every case for the effectivity of administrative rules and regulations. the administrative agency should make known its official position. Omission of Some Rules. [People v Que Po Lay (1954)] • The domain of penal statues is exclusive to the legislature and cannot be delegated. • Administrative interpretations are appropriate aids toward eliminating construction and uncertainty in doubtful cases.labor_law] [Miguel_DeJesus.poli_law] [Ascheia_Yumul. Before the public may be bound by its contents.163 violation should be published before becoming effective for the people to be officially informed.head] [Nayna_Malayang.crim_law] [Vivian_Tan/Justin_Mendoza. – (2) Every rule establishing an offense or defining an act which. • Construction and interpretation by an administrative agency of the law under which it acts provide a practical guide as to how the agency will seek to apply the Lorybeth_Baldrias.comm_law] [Ces_Sicangco/Rowena_Romero. • Administrative rules and regulations cannot amend or modify or expand the law by including. Penal regulations Sec. [Tanada v Tuvera] 3.civ_law] [Hya_Rafael/Mac_Macapagal. (People v Que Po Lay (1954)] • The law itself must so declare the act as punishable.tax_law] . regulation or circular must be published and the people officially and specifically informed of said contents and its penalties. 1987 Admin Code. But the legislature may in its discretion provide that the usual 15-day period be shortened or extended. 6. the rule must be published before it takes effect. Interpretative rules.
[Victorias v Social Security Commission (1962)] • Action of the administrative agency will be set aside if there was error of law. and to which courts and litigants may properly resort for guidance. but generally it is given great weight. or (b) the rules are in effect merely legal opinions. A vested right cannot spring from a wrong construction of law [Hilado v Collector (1956)]. will not be disturbed except for cogent and persuasive reasons and clear conviction of error.crim_law] [Vivian_Tan/Justin_Mendoza. has a very persuasive influence and may actually be regarded by the courts as the controlling factor. before its adoption there must be a hearing under the Administrative Code. Still.tax_law] .labor_law] [Miguel_DeJesus.secretariat] [Dionne_Sanchez. and the questions to be resolved involve the use of discretion committed to the rule-making body. The former is designed to implement a law by providing its details. Where (a) the rule is procedural. Bank of Communications v CIR (1999)] • There is no constitutional requirement for a hearing in the promulgation of a general regulation by an administrative body. When an administrative rule substantially adds to or increases the burden of those concerned. no notice or prior hearing is required.printing] [Miles_Malaya. or grave abuse of discretion clearly conflicting with the letter and spirit of the legislative enactment. it is the courts that finally determine what the law means. (1997)] • Administrative interpretation at best merely advisory. an administrative agency must accord those directly affected a chance to be heard before its issuance.design] Bobbie_StaMaria.rem_law] [Paul_Sorino/Judy_Ripol. merely interpretative rules. or (c) the rules are substantive. regulations enacted.head] [Nayna_Malayang. pursuant to the broad rulemaking power under a statute conferring a privilege to be exercised "under regulations precaused" by an administrative agency. or abuse of power. • Interpretative rules may be found erroneous by the successor of the promulgating administrative official.comm_law] [Ces_Sicangco/Rowena_Romero. the class to be affected is large. [Phil.deputy] [Rhudz_Raymundo. [Peralta v CSC (1992)] • There is a distinction between administrative rules in the nature of subordinate legislation and those which are Lorybeth_Baldrias. Such wrong interpretation cannot place the Government in estoppel to correct or overrule the same.poli_law] [Ascheia_Yumul.acads] [Jam_Jacob.civ_law] [Hya_Rafael/Mac_Macapagal.lectures] [Japee_DeLeon. • The administrative construction or interpretation is not controlling as to the proper construction of a statute.legal_ethics] [Lianne_Gervasio. [Corona v United Harbor Pilots Ass’n of the Phils. or lack of jurisdiction.164 law.
(c) must be reasonable.poli_law] [Ascheia_Yumul.labor_law] [Miguel_DeJesus. including individual or joint rates.rem_law] [Paul_Sorino/Judy_Ripol. a new policy. as far as practicable. for it investigates acts already done and then applies the law on the facts. the power to fix rates is a quasi-legislative function. Public Participation. process in the 7 cardinal rules. 1987 Admin Code. is The procedure must notified and heard proceduralthe issuance of that normally observe the before standards observed in the requirements of due the ruling. with the force and effect of law. the rules on contested cases shall be observed. So long as the court finds that the legislative rules are within the power of the administrative agency to pass. As to time Rule-making is prospective in character. 9.tax_law] . kilometrage and other special rates which shall be imposed by law of regulation to be observed and followed by any person.legal_ethics] [Lianne_Gervasio. The court cannot question the wisdom or correctness of the policy contained in the rules. making of rules. tolls. But if the rate is applicable only to an individual. Sec. knowledge and means necessary to handle the matter efficiently. Due process involves Due process means that Basis QuasiQuasi-judicial whether the parties the body observed the legislative proper procedure in were afforded the opportunity to be As to The procedurepassing rules. – (1) If not otherwise required by law. If it is not within the scope of the administrative agency. The court may review their correctness of the interpretation of the law given by the administrative body. then the rules bind the court. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. Adjudication is retrospective in character. as well as communication. (2) In the fixing of rates.secretariat] [Dionne_Sanchez.deputy] [Rhudz_Raymundo. As to application Legislative rules are of general application Adjudicative rulings apply only to parties • Sec. as seen in the primary law.head] [Nayna_Malayang. then the function becomes quasi-judicial. an agency shall.acads] [Jam_Jacob. mileage. (3) In cases of opposition.crim_law] [Vivian_Tan/Justin_Mendoza. • Generally. 9 (2) of the Admin Code implies that all rules with respect to fixing of rates must be accompanied with notice and hearing. Legislative Rules promulgated pursuant to its quasilegislative / rulemaking functions.lectures] [Japee_DeLeon. Need for dispatch. (b) must be within the scope and purview of the law. court can only invalidate the same but not substitute its decision or interpretation or give its own set of rules. for it only governs future acts. wages and prices Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal. Fixing of rates. “Rate” means any charge to the public for a service open to all and upon the same terms. Interpretative Rules passed pursuant to its quasi-judicial capacity.165 • General requirements: (a) Sec.printing] [Miles_Malaya. The distinction is not idle: must have been issued on authority of law. • Function delegated to administrative agencies because the legislature does not have the time. regardless if the rate-fixing d. 1987 Admin Code. create a new law. and substitute its own view of what is correct to the administrative body. need publication.comm_law] [Ces_Sicangco/Rowena_Romero.design] Bobbie_StaMaria. no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least 2 weeks before the first hearing thereon. need not be published. flexibility and technical know-how better met by administrative agencies. merely clarify the meaning of a preexisting law by inferring its implications. classification or schedules thereof. 2(3).
Lorybeth_Baldrias. that the Administrative Code now does not differentiate legislative from quasijudicial rate-fixing: notice and hearing is required for both. membership. in the public interest. It is not vested. The latter may propose new rates. a permission or authority to do what is within its terms. the existing license shall not expire until the application shall have been finally determined by the agency. 18. Sec. [KMU v Garcia (1994)] • In fixing the rate. – Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature. Non-expiration of License. “License” includes the whole or any party of any agency permit.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio. annulment. 2(10). On principle. the provisions concerning contested cases shall apply insofar as practicable.printing] [Miles_Malaya. [Gonzalo Sy Trading v Central Bank (1976)] • Notice and hearing in licensing is only required if it is a contested case.acads] [Jam_Jacob. modification or conditioning or a license. renewal.crim_law] [Vivian_Tan/Justin_Mendoza. but is always revocable. limitation. rules and regulations or when Sec. Licensing Procedure. withdrawal. [Philcomsat v Alcuaz (1989)] Note. registration. certificate. – (1) When the grant. however. 1987 Admin Code. health. denial. suspension.poli_law] [Ascheia_Yumul. • Notice and hearing necessary if the rate to be fixed applies to only one entity (quasi-judicial). revocation. Otherwise.civ_law] [Hya_Rafael/Mac_Macapagal. public security. or safety require otherwise. “Licensing” includes agency process involving the grant. • The power to fix rates cannot be delegated to a common carrier or other public service. revoked or annulled without notice and hearing.secretariat] [Dionne_Sanchez.rem_law] [Paul_Sorino/Judy_Ripol. [Ynchausti v Public Utility Commissioner (1922)] e. renewal. (2) Except in cases of willful violation of pertinent laws. Sec. passport. adjudication: Investigation and Sec. 17. 1987 Admin Code.tax_law] . denial or cancellation of a license is required to be preceded by notice and hearing. charter. permanent or absolute.labor_law] [Miguel_DeJesus. Sec. • No expiry date does not mean the license is perpetual. clearance. encourage amicable settlement. 10. or regulation of the exercise of a right or privilege. Compromise and Arbitration. – To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations. viz. 1987 Admin Code. comprise and arbitration.head] [Nayna_Malayang. Judicial Function 1. statutory exemption or other form of permission.166 function is legislative or quasijudicial. 2(11).design] Bobbie_StaMaria. but these will not be effective without the approval of the administrative agency. every agency shall. not only of the assets used by the public but also of the fixed assets must be made on that basis so a fair return of investment can be had. suspended. as in the issuance of driver’s licenses. it can be dispensed with.deputy] [Rhudz_Raymundo. 1987 Admin Code. no license may be withdrawn. 1987 Admin Code. approval. A license permit is a special privilege. and the rate should go up and down with the physical valuation of the property. Licensing Function B. the property is deemed taken and condemned by the public at the time of filing the petition. the present valuation of all the property of a public utility. amendment.lectures] [Japee_DeLeon.
and make findings and recommendations thereon. Upon request.secretariat] [Dionne_Sanchez. . One motion for reconsideration may be filed. • What is not inherent. since these largesses (pensions. When dispensing government largess.e. informal disposition may be made of any contested case by stipulation. Notice and Hearing in Contested Cases. (2)Documentary evidence may be received in the form of copies or excerpts. papers.acads] [Jam_Jacob.rem_law] [Paul_Sorino/Judy_Ripol. When performing its licensing function. Sec.civ_law] [Hya_Rafael/Mac_Macapagal. in case of disobedience. the power to decide controversies involving rights and obligations of 3rd persons appearing Lorybeth_Baldrias. The parties shall be notified and afforded an opportunity to contest the facts so noticed.labor_law] [Miguel_DeJesus. Sec. has been perfected. The findings of facts by administrative bodies which observed procedural safeguards (e. and therefore requires an explicit grant from law. it needs to observe due process. so also the procedure depends on the function that the agency is performing.printing] [Miles_Malaya. Decision. and a full consideration of evidence) are recorded the greatest respect by courts. Unless otherwise provided by law.lectures] [Japee_DeLeon. which shall suspend the running of the said period. when it is performing its adjudicative function. agreed settlement or default. time and place of the hearing. or to them. a modified judicial procedure is required.tax_law] .legal_ethics] [Lianne_Gervasio. if any. • Administrative agencies have the power to conduct investigations and hearings. documents and other pertinent data. license to practice a profession. notice and hearing parties.167 Sec. invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls. is their adjudicative power. if the original is not readily available. Rules of Evidence. (3)Every party shall have the right to crossexamine witnesses presented against him and to submit rebuttal evidence. 11. .g. The notice shall be served at least 5 days before the date of the hearing and shall state the date. The Court may punish contumacy or refusal as contempt. the agency shall have the power to require the attendance of witnesses or the production of books. the procedural safeguards akin to those in courts must be observed. the parties shall be given opportunity to compare the copy with the original. (3) The agency shall keep an official record of its proceedings. 12. the agency may.(1) In any contested case all parties shall be entitled to notice and hearing. If not precluded by law. 14.design] Bobbie_StaMaria. it must follow the procedure adopted by legislative bodies. if proper. Subpoena. Sec. The agency shall decide each case within 30 days following its submission.deputy] [Rhudz_Raymundo. 15. When performing its rule-making function.In any contested case. since these are inherent in their functions as administrative agencies. Finality of Order. basis services) are new forms of property. a certified copy thereof may be accepted. . 13. social benefits. upon request of any party before or during the hearing upon showing of general relevance. If the original is in the official custody of a public officer. Thus. (2) The parties shall be given opportunity to present evidence and argument on all issues.poli_law] [Ascheia_Yumul. (4) The agency may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its specialized knowledge. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record. .comm_law] [Ces_Sicangco/Rowena_Romero.crim_law] [Vivian_Tan/Justin_Mendoza.The decision of the agency shall become final and executory 15 days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review. Sec. i. • Just as there is no uniform procedure for all agencies.Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. .In a contested case: (1)The agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs.head] [Nayna_Malayang.
before them, or the power to pass upon legal questions, which involve the application of the law to the facts. Except in the case of agencies with specific grant of adjudicative power (NLRC, SEC, CBAA), most other administrative agencies only have the power of investigation and not of adjudication. Kind of Proceedings Nature of Proceedings Rules of Procedure Nature and Extent of Decision Parties Administrative Inquisitorial Liberally applied Decision limited to matters of general concern The agency itself may be a party to the proceedings before it Judicial Adversarial Follow technical rules in the Rules of Court Decision includes matters brought as issue by the parties The parties are only the private litigates Commission and in appropriate cases order search and seizure or cause the search and seizure of all documents, papers, files and records as well as books of accounts of any entity or person under investigation as may be necessary for the proper disposition of cases before it.
All agencies with quasi-judicial
functions have the power to issue subpoena, even if the administrative agency’s charter is silent as to such power. Rationale: Power to adjudicate will be rendered inutile if there is no power to issue subpoena.
Subpoenas may be enforced WON
adjudication is involved, WON probably cause is shown, and even before the issuance of a complaint. It is not necessary that a specific charge or complaint for a violation of law be pending; it is enough that the investigation be for a lawfully authorized purpose. The purpose of the subpoena is to discover evidence, not to prove a pending charge but upon which to make one if justified. Test for valid enforcement of subpoena:
Power to issue subpoena
and declare contempt
Sec. 13, 1987 Admin Code. Subpoena. – In any contested case, the agency shall have the power to require the attendance of witnesses or the production of books, papers, documents and other pertinent data, upon request of any party before or during the hearing upon showing or general relevance. Unless otherwise provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls. The Court may punish contumacy or refusal as contempt. Sec. 6, P.D. 902 – A. In order to effectively exercise such jurisdiction, the SEC shall possess the following powers: a) To punish for contempt of the Commission, both direct and indirect, in accordance with the pertinent provisions of, and penalties prescribed by, the Rules of Court. xxx e) To issue subpoena duces tecum and summon witnesses to appear in any proceedings of the
(a) (b) (c) •
Within the authority of the
agency. Demand not too indefinite. Information reasonably relevant.
[Evangelista v Jarencio (1975)] Not all agencies with quasi-judicial
functions have the power to cite for contempt, as the power must be expressly granted in the agency’s charter (ex. PD 902-A creating the SEC). If there is no express grant, the agency must invoke the aid of the RTC. Rationale: Power to punish for contempt is inherently judicial.
The power to declare contempt cannot be used in the discharge of ministerial functions, but only in relation to quasi-judicial functions [Guevarra v COMELEC (1958)] unreasonable searches and seizures of whatever nature and whatever purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized. 0
It is not for the SC to whittle down
the authority conferred on administrative agencies to assure the effective administration of a statute. If the matter is properly within its cognizance, the means necessary to give it force and effectiveness should be deemed implied, unless the power sought to be exercised is so arbitrary as to trench upon private rights. [Catura v CIR (1971)]
The phrase “or such other
responsible officer as may be authorized by law” in the 1973 Constitution was deleted to forestall human rights abuses as during Martial Law, when one could be arrested by the military on mere suspicion by the strength of the warrant of arrest, ASSO or PDA issued by the Ministry of National Defense or Generals in their respective regions.
A public official exercises power, not
rights. The government itself is merely an agency through which the will of the State is expressed and enforced. Its officers are likewise agents entrusted with the responsibility of discharging its functions. As such there is no presumption that they are empowered to act. [Tolentino v Inciong (1979)] 3. Warrants of arrest,
The word “shall” was added to
“warrant of arrest shall issue” and finally the subsequent phrase was reworded in this wise: “to be determined personally” by the judge. This is to give more responsibility to the judge who will issue the warrant of arrest and be accountable for it. • Both provisions are express guarantees against unwarranted violations of the privacy and security of persons and their properties.
Art. III, Sec. 2, 1987 Consti. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge, after examination under oath or affirmation by the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Art. IV, Sec. 3, 1973 Consti. The right of the people to be secure in their persons, houses, papers, and effects against
Administrative agencies cannot issue
warrants of arrest. Only a judge may issue warrants. [Salazar v Achacoso (1990)] Exception: deportation of illegal and undesirable aliens following a final order of deportation. • Two ways of deporting:
(a) Commissioner of final order of deportation is issued, conflicts with paragraph 3, Sec. 1, Art. III of the 1935 Constitution, which states that the power to determine probable cause for warrants of arrest is limited to judges. Notice and bonds are sufficient to ensure that the subject will appear at the hearing without prejudice to more drastic measures in case of recalcitrant respondents. Warrants of arrest issued solely for the purpose of investigation and before a final order of deportation is issued are therefore null and void. [Vivo v Montesa (1968)] Immigration under Sec 37 of CA618
President after due
investigation pursuant to Sec 69 of Admin Code no grounds needed; has sole discretion under international law
While it is clear that the President’s
power of investigation may be delegated and the Deportation Board is his authorized agent, the power granted to the latter does not extend to the power to arrest. The exercise of such power demands the exercise of discretion by the one exercising the same, to determine whether under specific circumstances, the curtailment of liberty is warranted. And while ministerial duties may be delegated, official functions requiring exercise of discretion and judgment may not be so delegated. Immigration authorities can issue warrants of arrest against undesirable aliens only if such issuance is pursuant to a final order of deportation. They cannot issue warrants for purposes of investigation, as the Constitution provides that only judges can do so to determine probable cause. [Qua Chee Gan v Deportation Board (1963)] Note: The Constitution does not distinguish between warrants in a criminal case and administrative warrants in administrative proceedings.
The deportation charges were in
accordance with the Philippine Immigration Act and the Revised Administrative Code, which empowers the Commissioner to arrest aliens upon a warrant issued by him and deported upon warrant issued by the same after a determination of the existence of a ground for deportation by the Board of Commissioners. Deportation proceedings are administrative in nature, and are not penal, but merely preventive. Thus, it need not be conducted strictly in accordance with ordinary court proceedings. The requirement of probable cause, determined by a judge, does not extend to deportation proceedings. What is essential however is that (1) there be a specific charge against the alien, (2) there be a fair hearing conducted, and (3) the charge be substantiated by competent evidence. [Harvey v Defensor-Santiago (1988)]
The CFI has no jurisdiction to restrain
deportation proceedings as they are within the jurisdiction of the Immigration authorities under the Immigration Act. However, the issuance of the warrants of arrest by the Commissioner, solely for the purpose of investigation and before a
The arrest and detention of Lucien by
the CID preparatory to the deportation proceedings is illegal, although the CID can order arrests for the purpose of the
Specific directives so that compliance will not be unreasonably burdensome. A warrant of arrest issued by the commissioner for purposes of investigation only. There is no justification for relaxing 4th Amendment safeguards where the official inspection is intended for the enforcement of laws prescribing minimum physical standards for commercial premises. The Qua Chee Gan doctrine prevails. for the purpose of the same. • A warrant must first be secured. The essential requisite of probable cause is absent. Limitations on administrative subpoenas of corporate books and documents: (a) (b) (c) Limited in scope.tax_law] .labor_law] [Miguel_DeJesus. it was also decided en banc. while Harvey was decided by a division. only a judge may issue search or arrest warrants.deputy] [Rhudz_Raymundo. is null and void for being unconstitutional.lectures] [Japee_DeLeon. Consider these two cases as a glitch. only judges may issue search warrants and warrants of arrest. and (2) the exception is in cases of deportation of illegal and undesirable aliens.acads] [Jam_Jacob. But even assuming that the arrest was at first illegal. [Lucien Tran Van Nghia v Liwag (1989)] These two cases contradict the Qua Chee Gan doctrine because both allowed arrest by Commissioner upon determination of existence of a ground to deport. following a final order of deportation. [Camara v Municipal Court (1967)] • Art. the Harvey and Lucien cases prove to be anomalies. It is surely anomalous to say that the individual and his private property are fully protected by the constitution only when he is suspected of criminal behavior.comm_law] [Ces_Sicangco/Rowena_Romero. Not only is Salazar a later case.secretariat] [Dionne_Sanchez. following Qua Chee Gan. [Salazar v Achacoso (1990)] Note: Following (2).171 deportation proceedings. The Mission Order was issued on the basis of sworn complaints of a single individual.printing] [Miles_Malaya.poli_law] [Ascheia_Yumul.legal_ethics] [Lianne_Gervasio. whom the President or the Commissioner may order arrested. (d) Subpoena must designate the needed documents. the particular circumstances place doubt on the propriety of the arrest. • A warrant of arrest issued by a commissioner to be valid must be for the sole purpose of executing a final order of deportation. as supported by Salazar. Montesa is not a precedent because the arrest warrant was given to carry out a final decision of deportation. Art. Here.design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza. Relevant in purpose. supervening events have rendered this petition for habeas corpus moot and academic.2. [Board of Commissioners v Dela Rosa (1991)] • Warrantless non-emergency inspection of residential and commercial premises by city health officials are significant intrusions upon the interests protected by the 4th Amendment. Vivo v. The SC reaffirms the following principles: (1) Under Sec. Warrants are a necessary and tolerable limitation on the right to enter upon and inspect places of business.head] [Nayna_Malayang. III of the Constitution. Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal. 38 of the Labor Code allowing the Secretary of Labor the power to issue warrants of arrest is unconstitutional for under the Constitution.rem_law] [Paul_Sorino/Judy_Ripol. Warrants likely should normally be sought only after entry is refused unless there is a citizen complaint or other satisfactory reason for securing immediate entry.
if 4. [Oceanic Steam Navigation v Stranahan (1908)] • Where the statute does not authorize executive officials themselves to impose the penalty. not in the nature of a criminal penalty) that is exacted not so much as a penalty for the violation of administrative rules but for the need to stress desistance from wanton disregard of existing rules. [International Hardwood v Pangil (1940)] • Imposition of criminal penalties.printing] [Miles_Malaya. is an administrative penalty which administrative officers are empowered to impose without criminal prosecution. (a) Subject matter must be within authority of Congress to legislate. 6. regulations. [See v Seattle] 4.civ_law] [Hya_Rafael/Mac_Macapagal. 2.lectures] [Japee_DeLeon. [People v Rosenthal & Osmeña (1939)] Justice.172 (e) (f) Subpoena may not be made • A fine in the nature of a civil penalty and enforced in the field. recourse will have to be made to the ordinary courts. it could not serve its purpose as an administrative body.head] [Nayna_Malayang.deputy] [Rhudz_Raymundo. [Mutual Film Corp v Industrial Commission (1914)] 5.comm_law] [Ces_Sicangco/Rowena_Romero. Subpoenaed party may (i. What is moral.acads] [Jam_Jacob. penalties: • • Imposition of fines and Agencies have the power to impose Test for valid imposition: fines and penalties. Public interest. (1919)] Interest of law and order. equity and substantial merits of the case.tax_law] . 3. 1. The particular agency’s demand for access will be measured against a flexible standard of reasonableness that takes into account the public need for effective enforcement of regulations. Adequate and efficient instruction. is a judicial and not an administrative function [Scoty’s Department Store v Micaller (1956)] or amusing.e.rem_law] [Paul_Sorino/Judy_Ripol.secretariat] [Dionne_Sanchez.design] Bobbie_StaMaria. Airlines (1975)] obtain judicial review of reasonableness of demand prior to suffering penalties for refusal to comply.labor_law] [Miguel_DeJesus. [Rubi v Provincial Board of Mindoro (c) Agency expressly authorized to impose penalty. C. educational not clearly stated in the statute.poli_law] [Ascheia_Yumul. [US v Barrias (1908)] implied standard in every law. If every time the agency wishes to impose a civil penalty for violations it had to resort to courts of justice in protracted litigations.crim_law] [Vivian_Tan/Justin_Mendoza. or requirements. Judicial determination of sufficiency of standards (b) Penalty to be imposed must be administrative or civil in character. [Wisconsin v Whitman (1928)] Lorybeth_Baldrias. [PACU v Secretary (1955)] Reasonableness as an • The fixing of penalties for criminal offenses is an exercise of legislative power which cannot be delegated by the Legislature. [Civil Aeronautics Board v Phil.legal_ethics] [Lianne_Gervasio.
2. Hearing may occur after the deprivation. can the latter be protected in their right to know and meet the case against them. an opportunity to seek reconsideration [De la Cruz v Abille (2001)] or an opportunity Lorybeth_Baldrias.labor_law] [Miguel_DeJesus. Administrative Procedure • Must not simply accept the views of a subordinate in arriving at a decision. economy or efficiency. Rules of Procedure Due Process • Does due process always entail notice and hearing prior to the deprivation of a right? No.173 7.civ_law] [Hya_Rafael/Mac_Macapagal.poli_law] [Ascheia_Yumul. such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. [Cervantes v Auditor-General (1952)] • Only by confining the 8. Cardinal • Includes the right of a part to present his own case and submit evidence in support thereof. wage or rate-fixing (see related areas in this reviewer) B. Decision must be supported by evidence. [Burstyn v Wilson (1952)] IV.printing] [Miles_Malaya. in which case. 4. Evidence must be substantial. To promote simplicity. Decision rendered in such a manner as to let the parties know the various issues involved and the reasons for the decision rendered. i.acads] [Jam_Jacob.legal_ethics] [Lianne_Gervasio.lectures] [Japee_DeLeon. A. Independent consideration of judge.rem_law] [Paul_Sorino/Judy_Ripol. Decision must be rendered on the evidence presented at the hearing or • The right to substantive and procedural due process is applicable in administrative proceedings. at least contained in the record and disclosed to the parties affected. Primary Rights: [Ang Tibay v CIR (1950)] 1. promote rising level of production & real income. Maintain monetary administrative tribunal to the evidence disclosed to the parties. 5. The tribunal must consider the evidence presented. more than a mere scintilla.secretariat] [Dionne_Sanchez. In Adjudication of cases 1.tax_law] . 3. there must be a chance to seek reconsideration. as applied to administrative proceedings.crim_law] [Vivian_Tan/Justin_Mendoza. [CSC v Lucas (1999)] • Presence of a party at a trial is not always the essence of due process. as in emergency cases [Goss v Lopez (1975)]. that the parties be given notice of trial and an opportunity to be heard [Asprec v Itchon (1966)] or. In Rule-Making: Price. Right to a hearing. even if other minds equally reasonable would opine otherwise. [People v Joliffe (1959)] • What is sacrilegious is not a sufficient standard. 6. 7. All that the law requires is the element of fairness.comm_law] [Ces_Sicangco/Rowena_Romero. 2.head] [Nayna_Malayang. stability. [UP Board of Regents v CA (1999)] a.design] Bobbie_StaMaria.deputy] [Rhudz_Raymundo.e.
rem_law] [Paul_Sorino/Judy_Ripol.deputy] [Rhudz_Raymundo. However. the review becomes a farce.secretariat] [Dionne_Sanchez. [Bachrach Motors v CIR (1978)] • The right against self-incrimination may be invoked by the respondent at the time he is called by the complainant as a witness. [Rivera v CSC (1995)] • Mere consultations and conferences may not be valid substitutes for observance of notice and hearing.civ_law] [Hya_Rafael/Mac_Macapagal. [Equitable Banking v NLRC (1997)] • “To be heard” does not mean only verbal arguments only in court.tax_law] . because the latter is only preventive in nature. his right to cross-examine is violated.head] [Nayna_Malayang. one may also be heard through pleadings. • Three factors determining constitutional sufficiency of administrative procedures: (a) Private interest that will be affected. [Pefianco v Moral (2000)] • The law.174 to explain one’s side [Pilipinas Loan v SEC (2001)]. WON to hold an adversarial trial is discretionary and parties cannot demand it as a matter of right. if he voluntarily takes the witness stand.crim_law] [Vivian_Tan/Justin_Mendoza.poli_law] [Ascheia_Yumul. [Vinta Maritime v NLRC (1978)]. but he may still invoke the right when the question calls for an answer which incriminates him of an offense • Evidence on record must be fully disclosed to the parties. [Casimiro v Tandog (2005)]. lack of support therefor in substantial evidence. he is entitled to have the direct examination stricken off the record.acads] [Jam_Jacob.design] Bobbie_StaMaria. If without his fault.legal_ethics] [Lianne_Gervasio. he can be cross examined.lectures] [Japee_DeLeon. Otherwise. [Ocampo v Office of the Ombudsman (2000)]. • Due process is violated when there is failure to sufficiently explain the reason for the decision rendered. [Globe Telecom v NTC (2004)]. [Busuego v CA (1999)].comm_law] [Ces_Sicangco/Rowena_Romero. • The right of a party to confront and cross-examine opposing witness is a fundamental right which is part of due process. it is rendered meaningless. [Matthews v Eldridge] • Administrative due process cannot be fully equated to due process in the strict judicial sense.printing] [Miles_Malaya. and the imputation of a violation and imposition of a corresponding fine despite the absence of due notice and hearing.labor_law] [Miguel_DeJesus. [American Inter-Fashion v Office of the President (1991)] Lorybeth_Baldrias. • Respondents in administrative cases are not entitled to be informed of findings of investigative committees but only of the decision of the administrative body. in prescribing a process of appeal to a higher level. contemplates that the reviewing officer is a person different from the one who issued the appealed decision. (c) Public interest vis-à-vis government costs. • No notice is necessary for suspension. (b) Risk of erroneous deprivation of such interest and probable value of safeguards.
[Ang Tibay v CIR] Sec.head] [Nayna_Malayang. negative. Notice and Sec. unless law provides otherwise. [Suntay v People (1957)] (c) If it involves the exercise of discretion and there is no grave abuse.tax_law] . whether affirmative. One motion for reconsideration may be filed. (a) When the law specifically requires notice and hearing. ”Decision” means the whole or any part of the final disposition. or injunctive in form. 16.comm_law] [Ces_Sicangco/Rowena_Romero. — Every decision rendered When required: by the agency in a contested case shall be in writing and shall state clearly the facts and the law on which it is based.crim_law] [Vivian_Tan/Justin_Mendoza. not an interlocutory character. Finality of order.lectures] [Japee_DeLeon.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo. [De Bisschop v Galang] (d) When rules to govern future conduct of persons or enterprises.175 other than that charged. 2(8). which shall suspend the running of the said period. [Albert v Gangan (2001)] Lorybeth_Baldrias. 1987 Admin Code. — Every agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases. Publication and Compilation of Decisions.printing] [Miles_Malaya. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record. of an agency in any matter. including • Government agency decision must state the facts and the legal basis. has been perfected. rate fixing. (a) (b) When not required: Urgent reasons. of proper. or to them.legal_ethics] [Lianne_Gervasio.acads] [Jam_Jacob. hearing: 1. Decision. and granting of rights and privileges. [Equitable Banking v NLRC (1997)] (b) When it affects a person’s status and liberty. promulgation of judgment Form and facts. [Commissioner of Immigration v Fernandez] 2.poli_law] [Ascheia_Yumul. Discretion is exercised by an officer vested with it upon an undisputed fact.labor_law] [Miguel_DeJesus. issues and the law on which the decision was based. [Pollution Adjudication Board v CA (1991)] • Decision should state the c.secretariat] [Dionne_Sanchez. 15. [Taxicab Operators of Manila v Board of Transportation] (e) In the valid exercise of police power. b. 14. The agency shall decide each case within thirty days following its submission.rem_law] [Paul_Sorino/Judy_Ripol.design] Bobbie_StaMaria. not merely conclusions of law. It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a register or compilation of those decisions or final orders for use by the public. if any. Sec. [People v Ayson] licensing. — The decision of the agency shall be final and executory after the receipt of copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review. Sec.
rem_law] [Paul_Sorino/Judy_Ripol.lectures] [Japee_DeLeon.secretariat] [Dionne_Sanchez. This date can be ascertained from the minutes of the proceedings had before the Board. the evidence and law involved. [Indias v Phil Iron Mines (1957)] • If a power to decide is granted to a specific authority. the decision rendered by the tribunal is void. • The date of the promulgation of the judgment is the date when the Board voted and resolved to admit the alien. However. • Jurisdiction Administrative agencies may only exercise such powers as are explicitly or by necessary implication conferred on them by law.printing] [Miles_Malaya. the formulation of findings of fact and conclusions of law. as jurisdiction is created and conferred by law. Absent a reversal. notice thereof may be sent even after the lapse of 1 year.head] [Nayna_Malayang. A decision by the latter requires a judicious review and deliberation as a 4. it can’t abdicate from this responsibility by delegating the duty to decide the case.tax_law] . in the case of a reversal.labor_law] [Miguel_DeJesus.design] Bobbie_StaMaria. regardless of the date when the decision in extenso was prepared. It can delegate the power to hear but not the power to decide. • Administrative and judicial The practice in the Philippines has proceedings arising from the same facts been to allow an administrative proceeding and a judicial proceeding to Lorybeth_Baldrias. [Sichangco v Board of Commissioners of Immigration (1979)] court make its own discussion of the evidence and findings of fact if the court is satisfied with the report of the examiner which already contains the discussions of the findings and conclusions.poli_law] [Ascheia_Yumul.crim_law] [Vivian_Tan/Justin_Mendoza. written and signed. The jurisdiction over the subject matter of an administrative agency depends on the terms of the enabling statute delegating powers to it.deputy] [Rhudz_Raymundo. • Refer to the enabling statute creating the agency especially the powers and jurisdictions. It must personally decide such. The operative date of the Board’s action is that when the decision was voted and adopted by them as a Board.civ_law] [Hya_Rafael/Mac_Macapagal. [Neria v Commissioner of Immigration (1968)] • The word “noted” on the decision does not constitute an exercise of the Board of Commissioners’ power of review. Without jurisdiction.comm_law] [Ces_Sicangco/Rowena_Romero. The rule is otherwise when the court disagrees with the findings of the examiner in which case the court must specify and discuss the reasons for their dissent.176 • It is not necessary that the body of the proceedings.acads] [Jam_Jacob. the decision of the BSI prevails and becomes final after the lapse of 1 year from the rendition of the decision.legal_ethics] [Lianne_Gervasio. [American Tobacco v Director of Patents (1975)] • The power to delegate a particular function can be implied form the power of administrative agencies to issue rules and regulations necessary to carry out its functions. [Realty Exchange v Sendino (1994)] 3.
Note: Can there be an acquittal in a criminal case and a conviction in the administrative case? YES. Some say that it is not to be considered as good law.design] Bobbie_StaMaria. However. Different standards apply.rem_law] [Paul_Sorino/Judy_Ripol.acads] [Jam_Jacob. take appropriate action. then the administrative case must also result in an acquittal.legal_ethics] [Lianne_Gervasio. excuses. Notably. or decisions. • The difference in the proceeding (one administrative. they cannot be conclusive for administrative purposes. but merely physical incompatibility. the corresponding proper authority shall. orders.crim_law] [Vivian_Tan/Justin_Mendoza. while others argue that if the criminal case results in an acquittal due to absolute lack of evidence. Notwithstanding the fact that findings in criminal cases must be beyond reasonable doubt.secretariat] [Dionne_Sanchez.poli_law] [Ascheia_Yumul. The case of PNR also states that while the accused acquitted of the crime imputed against him may claim payment of back salaries during his suspension or reinstatement in case of dismissal. his relief lies in the proper administrative or civil action prescribed by law (NLRC). [Villanos v Subido (1971)] • Acquittal in the criminal case does not carry with it relief from administrative liability. See Villanos v Subido.comm_law] [Ces_Sicangco/Rowena_Romero. Whether or not the Consigna doctrine should be seen as an exemption is still a gray area. and attenuating circumstances of value in admin proceedings that are not admissible in trial of the criminal case which can have a blunting effect on the conviction. this case also discusses the doctrine laid down in Consigna where reinstatement was granted by the trial court because the acquittal was for absolute lack of evidence and a concomitant finding that the dismissal was unfair.lectures] [Japee_DeLeon. These two proceedings are independent of each other involving different causes of action and therefore can proceed simultaneously.deputy] [Rhudz_Raymundo. See PNR v Domingo. The administrative case may generally proceed independently of a criminal action for the same act or omission and requires only a preponderance of evidence to establish administrative guilt as against proof beyond reasonable doubt of the criminal charge. [Police Commission v Lood (1980)] Note: Can there be a conviction in a criminal case and an acquittal in the • Should a public official or employee be found guilty of violation of election laws or failure to comply with COMELEC instructions. There are defenses. administrative case? YES. it is the executive department to which the charged official or employee belongs which has ultimate authority to impose the recommended disciplinary action.labor_law] [Miguel_DeJesus.177 take place at the same time so long as the 2 actions are independent of each other.head] [Nayna_Malayang. The trial court has no jurisdiction to order reinstatement since the judgment in a criminal case is limited to acquittal or conviction with necessary penalties.printing] [Miles_Malaya. Lorybeth_Baldrias. Due process should be upheld. the other criminal) is not legal incompatibility.tax_law] . Conviction does not ex proprio vigore justify automatic suspension. upon COMELEC’s recommendation.civ_law] [Hya_Rafael/Mac_Macapagal. [(Galang v CA (1961)] • The matters that are material in an administrative case are not necessarily relevant in the criminal case.
and vice versa. They may also make their inquiry into facts at issue. • The dismissal of the criminal case will not foreclose administrative action. there is no prohibition.rem_law] [Paul_Sorino/Judy_Ripol. (c) Quantum of Evidence: Only substantial evidence is required to support a decision. apply the general rules on procedure. • The criminal and civil cases are altogether different from the administrative matters such that disposition in the first two will not inevitably govern the third.acads] [Jam_Jacob. However. However. Rationale: to allow administrative agencies to act with speed and flexibility. Parties are still entitled to hearing. [Ocampo v Office of the Ombudsman (2000)] (b) Judicial Notice: Administrative bodies may take into account not only such evidence as may be presented by the parties in the determination of the case. and take judicial notice of certain other matters.comm_law] [Ces_Sicangco/Rowena_Romero. The only function of the SC is to determine WON there is evidence before the administrative agency upon which its decision might be reasonably based. But if the issue can be resolved through ocular inspection. • Rules of Evidence Apply the specific rules of the administrative agency.178 This respects the general administrative authoriy of the government department concerned over its own personnel. as it is only an auxiliary remedy. but this does not mean that they can disregard certain due process requirements. [Estate of Buan v Pambusco (1956)] • Pervasive principle: Technical • The SC is not required to rules of evidence and procedure do not strictly apply to administrative proceedings.lectures] [Japee_DeLeon. as well as the procedure followed and sanctions imposed in criminal and administrative proceedings. [Tan v COMELEC (1994)] than in judicial tribunals.secretariat] [Dionne_Sanchez. • The rules of evidence in administrative agencies are more relaxed examine proof de novo.deputy] [Rhudz_Raymundo. [Phil. Movie Pictures Workers Assoc v Premier Productions (1953)] • Administrative agencies may act on their own and use methods which may best constitute substantial evidence. Considering the difference in the quantum of evidence. in at least three areas: (a) Admissibility: Generally.head] [Nayna_Malayang.labor_law] [Miguel_DeJesus.printing] [Miles_Malaya.tax_law] . evidence received at an Lorybeth_Baldrias. [Mirales v Go (2001)] 5.legal_ethics] [Lianne_Gervasio.civ_law] [Hya_Rafael/Mac_Macapagal. the findings and conclusions in one should not necessarily be binding on the other.poli_law] [Ascheia_Yumul.crim_law] [Vivian_Tan/Justin_Mendoza. [Rizal Light v Municipality of Rizal]. So long as the requirements of due process are observed. In the absence thereof. administrative agencies are not bound by the technical rules of admissibility. The court is not required to examine proof de novo.design] Bobbie_StaMaria. • Ocular inspection is not equivalent to a trial or presentation of evidence. administrative agencies are not bound by the technical rules regarding admission of evidence of ordinary courts of justice.
secretariat] [Dionne_Sanchez. other than error of judgment in estimating the value or effect of the evidence. • The order of testimony is within the discretion of the court and the exercise of this discretion in permitting witnesses to be introduced out of the order prescribed by the rules is not improper. [Manahan v People (1988)] (b) History d.tax_law] . except itself from technical rules and apply such suitable procedure as shall promote the objectives. imposition or mistake. When the findings are not based on a thorough examination of the parties’ of the statute involved.lectures] [Japee_DeLeon. There is no trial through position papers where the adversarial process would ensure a better presentation and appreciation of the evidence. Intention of Congress prevails: If it wanted judicial Lorybeth_Baldrias. [Maceda v ERB (1991)] e.179 administrative investigation conducted with manifest disregard of due process may not justify the conclusion based thereon. [PAL v Confessor (1994)] Reconcile with Bantolino case: decisions based on position papers allowed as expressly permitted by the law. c. judicial review is available. Such a relaxed procedure is especially true in administrative bodies.printing] [Miles_Malaya. Here are factors to consider: (a) If what is involved is question of constitutionality. Judicial Review of Administrative Decisions • Judicial review is an effective a. [Ortua v Singson (1934)] mechanism to check acts which are arbitrary or beyond the authority given to any agency by its enabling statute. When the decision was rendered by an almost evenly divided court and the division was precisely on the facts as borne out by the evidence. contending claims but merely on their position papers. in any particular manner. When the decision is not supported by substantial evidence.labor_law] [Miguel_DeJesus.acads] [Jam_Jacob. (2003)] V.poli_law] [Ascheia_Yumul.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo.legal_ethics] [Lianne_Gervasio.crim_law] [Vivian_Tan/Justin_Mendoza. • A generalization as to when judicial review is available is hazardous. [Gonzales v Victory Labor Union (1969)] b. [Borja v Moreno]. the administrative body may.design] Bobbie_StaMaria. The SC will intervene only in what ought to be the rare instance when the standard appears to have been misapprehended or grossly misapplied.comm_law] [Ces_Sicangco/Rowena_Romero.head] [Nayna_Malayang. [Bantolino v Coca-Cola Bottlers Phils. [Universal Camera v NLRC (1951)] • When findings of fact of administrative agencies are not conclusive upon the courts: • Rules of evidence are not strictly observed in proceedings before administrative bodies where decisions may be reached on the basis of position papers only. When the decision was rendered in consequence of fraud. In the broad interest of justice.rem_law] [Paul_Sorino/Judy_Ripol.
Litis pendentia can happen. and (3) The finding on the citizenship issue is affirmed by the SC. it would have said so. it deals first with the question whether Congress has directly Lorybeth_Baldrias. to the best of his knowledge. Can the doctrines of forum shopping. otherwise. no such other action or claim is pending therein…” Nature (c) of problem involved: Res judicata applies to adversary administrative proceedings.rem_law] [Paul_Sorino/Judy_Ripol. res judicata does not apply in administrative adjudication relative to citizenship.legal_ethics] [Lianne_Gervasio. 5.printing] [Miles_Malaya.secretariat] [Dionne_Sanchez. tribunal or quasi-judicial agency. it is not reviewable. Rule 7 of the Rules of Court.tax_law] . The doctrine of res judicata. Question of Policy: Traditionally.lectures] [Japee_DeLeon. the exercise of such is generally to be disturbed by the court. arbitrariness. although a judicial concept. and Administrative Decisions • When a court reviews an agency’s construction.civ_law] [Hya_Rafael/Mac_Macapagal.180 review to be available. (2) with the active participation of the Sol-Gen. taking into consideration not only the cases where forum shopping can happen. the certification against forum shopping shall state that the party “has not theretofore commenced any action or filed any claim involving the same issues in any court. partiality or hostile attitude.labor_law] [Miguel_DeJesus. then it is a question of law.acads] [Jam_Jacob. Goodrich v WCC (1988)]. • The Court is the final interpreter of law: It depends on whether or not the finding of fact is supported by substantial evidence.poli_law] [Ascheia_Yumul. Under Sec. (d) • Finalit y of the administrative decision. unless the following conditions all obtain: (1) The question of citizenship is resolved by a court or administrative body as a material issue in the controversy after a full-blown hearing. Question of Law v Question of Fact.comm_law] [Ces_Sicangco/Rowena_Romero. [Zita Ngo Burca v Republic] • Exception: When there is grave abuse of discretion – capriciousness. • If the question is on the substantiality of evidence. A. Factors Affecting Finality of YES. If yes. but also those involving the doctrine of primary jurisdiction.crim_law] [Vivian_Tan/Justin_Mendoza. [B.design] Bobbie_StaMaria. Right (should be protected by law) v Privilege (can be unilaterally withdrawn). because they are quasi-judicial in nature. litis pendentia and res judicata apply to administrative agencies? Nor does res judicata apply where the administrative decision gives an award that is less than what the law provides. may be applied to administrative agencies performing quasi-legislative functions. it is. Question of Discretion: When discretion is granted by law. However. policymaking is not judicial business.head] [Nayna_Malayang. [United Pepsi Cola Supervisory Union v Laguesma].F.deputy] [Rhudz_Raymundo.
Judicial review is proper in case of lack of jurisdiction.labor_law] [Miguel_DeJesus. [Manuel v Villena (1971)] • There is an underlying power in the courts to scrutinize the acts of administrative agencies exercising quasijudicial or legislative power on questions of law and jurisdiction even though no right of review is given by statute. grave abuse of discretion. [Sotto v Ruiz (1921)] • (a) When judicial review is valid despite finality of administrative decisions: Decision is wrong. the court does not simply impose its own construction on the statute. [Chevron v Natural Resources Defense Council (1984)] • General rule: Courts refuse to interfere with proceedings undertaken by administrative bodies or officials in the exercise of administrative functions. Non quieta movere: What was already terminated cannot be disturbed. The court as well as the agency must give effect to the unambiguous expressed intent of Congress.tax_law] .acads] [Jam_Jacob. b. If not. The purpose of judicial review is to keep the administrative agency within its jurisdiction and protect substantial rights of parties affected by its decisions. The court may also declare an action or resolution of an administrative authority to be illegal because it violates or fails to comply with some mandatory provision of law. The decision is vitiated by fraud. arbitrary or capricious. Exercised unconstitutional powers.comm_law] [Ces_Sicangco/Rowena_Romero. error of law. Even administrative decisions must end sometime.181 spoken to the precise question at issue. Clearly acted arbitrarily and without regard to his duty. or with grave abuse of discretion. unless the Court is of the clear opinion that such decision is (a) wrong. [Fortich v Corona (1998)] d. as fully as public policy demands that finality be written on judicial controversies. failure to comply with the reglementary period has the effect or rendering final the judgment of the court. It thus had no more authority to entertain the second motion for reconsideration.design] Bobbie_StaMaria. The orderly administration of justice requires that the judgments of a court or quasi-judicial body reach a point of finality set by the law. no problem.deputy] [Rhudz_Raymundo.rem_law] [Paul_Sorino/Judy_Ripol. Thus. • c. rules and regulations. (b) manifestly arbitrary and unjust.printing] [Miles_Malaya. Exceptions: administrative proceedings may be reviewed by the courts upon a showing that the board or official: a. or because it is corrupt. fraud or collusion. Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. [Antique Sawmill v Zayco (1966)] • The Courts will not interfere with the decision of the an administrative officer. more so modify its decision. If the statute is silent or ambiguous with respect to the issue.head] [Nayna_Malayang. the Office of the President lost jurisdiction to reopen the case. [San Miguel Corp v Secretary of Labor (1975)] • Compliance with the period provided by law for the perfection of an appeal is not merely mandatory but also a jurisdictional requirement. the question for the court is whether the agency’s answer is based on a permissible construction of the statute. Has gone beyond his statutory authority.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza.poli_law] [Ascheia_Yumul. If intent of Congress is clear.lectures] [Japee_DeLeon. and (c) not based upon any reasonable interpretation of the law. imposition or mistake. or When no one seasonably filed a motion for reconsideration.
The forum is usually provided for in the enacting statute. 4. fraud.182 (b) (c) law.secretariat] [Dionne_Sanchez. The period for filing the case must also be considered in view of the statue of limitations. • The court acts in its appellate jurisdiction.lectures] [Japee_DeLeon. unjust decision. Whether the capricious. upon any reasonable interpretation of (d) authority. Manifestly arbitrary. or the very administrative agency before whom the right is being applied. Whether the exercised unconstitutional powers. Exhaustion of Administrative Remedies 1.printing] [Miles_Malaya. review is available.crim_law] [Vivian_Tan/Justin_Mendoza. Availability of Judicial Review 1. Administrative agency 5. c. The administrative agency is performing a b. He is said to have invoked the intervention of the court prematurely. whether the plaintiff has standing. quasi-judicial function. failure to abide by the doctrine affects petitioner’s cause of action.labor_law] [Miguel_DeJesus. It is very seldom that the forum is in the RTC. Whether the defendant is the proper defendant.civ_law] [Hya_Rafael/Mac_Macapagal. C. Although this is not a jurisdictional requirement. Whether the plaintiff is the proper plaintiff. but in its absence. Administrative body or officer has gone beyond its/his statutory (e) (f) (g) (h) discretion.poli_law] [Ascheia_Yumul. a.tax_law] . as well as the period required by the statute or rules for the filing of appeals. Whether the (i) provision of law.design] Bobbie_StaMaria. and its existence derogates the judicial prerogative lodged in the courts by the Constitution. Decision violates or fails case is ripe for adjudication. The defendant could either be a private party. Decision vitiated by timing for the filing of the case is proper. to pass upon the validity or constitutionality of an administrative rule or regulation issued in the performance of quasi-legislative functions.acads] [Jam_Jacob. [Smart Communications v NTC (2003)] Lorybeth_Baldrias. Grave abuse of 6. There is no problem when the statute itself expressly grants or prohibits judicial review.deputy] [Rhudz_Raymundo. When a person has not exhausted all the administrative remedies available to him. the Uniform Appeals Act should be applicable. But when it is silent.legal_ethics] [Lianne_Gervasio. The regular courts have jurisdiction 3. Since an administrative agency has a narrower view of the case. judicial review is needed to offer these considerations. Judicial 2. generally. his case is said to be not ripe for judicial review yet. judicial review is available.comm_law] [Ces_Sicangco/Rowena_Romero. When the doctrine applies to comply with some mandatory B. Decision is not based forum is the proper forum. since administrative agencies are usually given the rank equal to or higher than the RTC. Whether the enabling statute permits judicial review. that is. Lack of jurisdiction. imposition or mistake.rem_law] [Paul_Sorino/Judy_Ripol.head] [Nayna_Malayang.
Rationale Legal would have first been exhausted. [Paat. adequate remedy in the ordinary course of the law. Where the not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulations of activities coming under the special technical knowledge and training of such agencies. Courts will g. The doctrine does not warrant a court to arrogate unto itself the authority to resolve. [Garcia v CA (2001)] 4.printing] [Miles_Malaya. a. the same should be followed before recourse to judicial action can be initiated. Cipriano v Marcelino (1972)] b.legal_ethics] [Lianne_Gervasio. then such remedy should be exhausted first before the court’s juridical power can be invoked. Premature invocation of court’s intervention is fatal to one’s cause of action.crim_law] [Vivian_Tan/Justin_Mendoza.acads] [Jam_Jacob. If a remedy urgency of judicial action or intervention. within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a mater that comes within his jurisdiction. Practical reason: To give the agency a chance to correct its own errors [Bernardo v Abalos (2001)] and prevent unnecessary and premature resort to the courts [Lopez v City of Manila (1999)]. a controversy the jurisdiction over which is lodged initially with an administrative body of special competence.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] . questions. Resort to exhaustion will only be oppressive and patently unreasonable. [Lopez v City of Manila (1999] administrative remedy is only permissive or voluntary and not a prerequisite to the institution of judicial proceedings. [Corpuz v Cuaderno (1962)] h.head] [Nayna_Malayang. Information Technology Found’n v COMELEC (2004)] f. Application of the doctrine will only cause great and irreparable damage which cannot be prevented except by taking the c.rem_law] [Paul_Sorino/Judy_Ripol. General Rule: Where the [Pascual v Provincial Board (1959)] law has delineated the procedure by which administrative appeal or remedy could be effected. No other plain.design] Bobbie_StaMaria. a. [Paat v CA (1997)] Validity and a.secretariat] [Dionne_Sanchez. Reasons of Purely legal c. Administrati ve remedy not exclusive but merely cumulative or concurrent to a judicial remedy. [Paat v CA (1997)] e.labor_law] [Miguel_DeJesus.civ_law] [Hya_Rafael/Mac_Macapagal.deputy] [Rhudz_Raymundo. speedy. or interfere in. [Castro v Secretary (2001)] comity: Expedient courtesy.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul. convenience. 3. b. [Pascual] d. Steps to be taken are merely matters of form. b. Exceptions reason: The law prescribes a procedure.183 after all such administrative remedies 2. [Paat. Recourse through court action cannot prosper until Lorybeth_Baldrias. [Pascual v Provincial Board (1959)] c.
Issue of non-exhaustion of administrative remedies rendered moot. [Ass’n of Phil. [Paat] i. b. [DAR v Apex Investment (2003).lectures] [Japee_DeLeon. Pagara n. [Nazareno v CA] expressly provides for a different review procedure. which is a ground to dismiss. [Estrada] s.head] [Nayna_Malayang. Paat] r.design] Bobbie_StaMaria. [Estrada v CA (2004).acads] [Jam_Jacob. Paat] j.184 appropriate court action. this ground is deemed waived.poli_law] [Ascheia_Yumul. In quo warranto proceedings. Administrati ve action is patently illegal amounting to When it lack or excess of jurisdiction. Remedy: Failure to observe doctrine does not affect jurisdiction of the court. Paat] o. is unreasonable delay or official inaction. When the doctrine applies The administrative body and the regular court l.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo. and in the meantime. v CA] Blatant have concurrent and original jurisdiction. Resort to administrative remedy will amount to a nullification of a claim.printing] [Miles_Malaya. proceedings. Doctrine of k. Where there expertise of administrative agency. [Cipriano.crim_law] [Vivian_Tan/Justin_Mendoza. [Tan v Director of Forestry] 5.labor_law] [Miguel_DeJesus.tax_law] . [Paat] Subject of controversy is private land in land case m. involves the rule-making or quasilegislative functions of an administrative agency.secretariat] [Dionne_Sanchez. [Smart v NTC (2003)] p. Coconut Authority] Preliminary Resort 1. t. [Garcia] Law • Note: Undersecretary is held to have acted on behalf (as alter ego) of the Secretary. [Paat. question to be The resolved requires violation of due process. [Republic v Sandiganbayan] Lorybeth_Baldrias. [Republic v Sandiganbayan (1996)] D. qualified political agency: The act of the department head is presumptively the act of the President (as his alter ego). unless revoked by the latter. the assailed administrative resolution continued to be put in effect. [Republic v q. But if not invoked at the proper time. Primary Jurisdiction or • where the appeal to the Office of the President was not acted upon despite follow-ups. Coconut Desiccators v Phil.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. The only effect of noncompliance is it will deprive complainant of a cause of action.rem_law] [Paul_Sorino/Judy_Ripol. [Estrada] No administrative review provided by law. [Samahang Magbubukid v CA (1999)] • Exceptions: • Where the law expressly provides for exhaustion via an appeal to the President. Sandiganbayan (1996)] Administrati ve agency is in estoppel. a.
if the determination requires expertise.rem_law] [Paul_Sorino/Judy_Ripol. or correct any previous error committed in its forum [Caballes v Sison (2004)] 3. if afforded an opportunity to pass 2.acads] [Jam_Jacob. question supplied by the courts even though the matter is within the proper jurisdiction of a court.crim_law] [Vivian_Tan/Justin_Mendoza. If the agency has exclusive jurisdiction. because specialized skills and knowledge of the proper administrative technical matters or intricate questions of facts are involved.185 c.legal_ethics] [Lianne_Gervasio. Effect for resolution to justify the exercise of primary jurisdiction. [Texas & Pacific Railway v Abilene (1907)] a.civ_law] [Hya_Rafael/Mac_Macapagal.lectures] [Japee_DeLeon. [Texas] When the issue is not within the competence of the administrative body to act on.poli_law] [Ascheia_Yumul. d. It may occur that the Court has jurisdiction matter of the to take is cognizance also the bodies of a in particular case. However. have been placed within the special competence of an administrative body”. Exceptions not intervene if the question to be resolved is administrative agencies and the legislative intent on the matter is to have uniformity in the rulings.comm_law] [Ces_Sicangco/Rowena_Romero. b. [Phil Global Communications v Relova (1980)] • to It is the recent jurisprudential trend apply the doctrine of primary c.design] Bobbie_StaMaria.tax_law] . It is a question of the court yielding to the agency because of the latter’s expertise. and does not amount to ouster of the court. quasi-judicial function. and comes into play whenever enforcement of proceedings.deputy] [Rhudz_Raymundo. [Viadad v RTC (1993)] Lorybeth_Baldrias. the final the court of while in should the no civil initially lodged with an administrative body of suspend its action on the case before it outcome for arises administrative prejudicial proceedings. uniformity in rulings. one which General rule: Courts will requires the expertise of upon a matter. then relief must first be obtained in an a administrative remedy will be proceeding before • Application of the doctrine does not call for the dismissal of the case but only its suspension until after the matters within the competence of the administrative agency are threshed out and determined. The administrative agency is performing a The the claim requires the resolution of issues which. which means that the involved case judicial character.head] [Nayna_Malayang.secretariat] [Dionne_Sanchez. would decide the same correctly. The doctrine of primary jurisdiction “applies where a claim is originally cognizable in the courts. It can only occur where there is a concurrence of jurisdiction between the court and the administrative agency.labor_law] [Miguel_DeJesus. this is in the interest of good order. [Conrad v jurisdiction in many cases that demand the special competence of administrative agencies. [Industrial Enterprises v CA (1990)] legislative intent on the matter is to have • It is presumed that an administrative agency. [Industrial] • special pending If jurisdiction over a controversy is competence.printing] [Miles_Malaya. When the issue involved is clearly a factual question that does not require specialized skills and knowledge CA (1995)] 4. under a regulatory scheme.
poli_law] [Ascheia_Yumul. [Philippine Veterans Bank v CA (2000)] E. an administrative agency. . what is alleged is personal stake. and not the result of the independent action of some third party not before the court. [Lujan] Direct injury Injury is likely to be redressed by a favorable decision.labor_law] [Miguel_DeJesus.lectures] [Japee_DeLeon.legal_ethics] [Lianne_Gervasio.head] [Nayna_Malayang.acads] [Jam_Jacob. not merely a specialized interest. the administrative action has standing to seek judicial intervention.printing] [Miles_Malaya.e.tax_law] . court’s jurisdiction in such a case is not any less original and exclusive as the judicial proceedings are not a continuation of the administrative determination. economic or otherwise. Lujan] Petitioner himself be among the injured. while the latter is a concept in procedural law which concerns both the petitioner/plaintiff respondent/defendant. such determination is subject to challenge in the courts. • Substantial Challenged action caused injury in fact. [Simon v Eastern Kentucky Welfare (1976). 2. The party must have personal and “Interest” is material from mere as distinguished substantial interest.comm_law] [Ces_Sicangco/Rowena_Romero. class suits. Philippine law on standing and the v American law on standing Philippine law American law • interest.rem_law] [Paul_Sorino/Judy_Ripol. • Standing as opposed to real party-ininterest: the former is a constitutional law concept which only concerns the petitioner.crim_law] [Vivian_Tan/Justin_Mendoza.186 • While primary jurisdiction to determine preliminary matters is vested in The Interest is: • Personal.e. [Lujan v Defenders of Wildlife (1992)] Interest sought to be protected is arguably within the zone of interests protected by the statute or constitutional guarantee in question [Assoc of Data Processing] Causal connection between the injury and the action complained of: Injury is fairly traceable to the challenged action of the defendant.deputy] [Rhudz_Raymundo.design] Bobbie_StaMaria. not conjectural/hypothetical. • When standing given Only the proper party whose legal rights have been adversely affected by. voters. [Joya v PCGG (1993)] • The issue of standing is a procedural technicality which may be waived if the issue Lorybeth_Baldrias. [Sierra Club v Morton (1972)] 3. Meaning: Legal standing means a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged [Joya • v PCGG (1993). concrete/particularized and actual/imminent. rules general Kilosbayan on v Guingona (1994)] The technical from the standing of comes doctrine separation of powers as there is a need for an actual case or controversy before judicial review becomes available. legislators. i.secretariat] [Dionne_Sanchez.civ_law] [Hya_Rafael/Mac_Macapagal. and who stands to suffer a legal injury or wrong from. [Assoc of Data Processing v Camp (1970)] i. Standing to Challenge 1. incidental interest.Except: taxpayers.
only a person.secretariat] [Dionne_Sanchez.” Moreover.” The question as to real party-in-interest. Ripeness When doctrine applied Finality of the administrative body’s decision. standing is an issue when constitutional issues are involved.187 is of transcendental importance to the public [Kilosbayan v Guingona (1994)] f. 1.deputy] [Rhudz_Raymundo. quasi-legislative function Judicial Administrati ve agency exercising its rule-making or The doctrine of primary jurisdiction applies only where the administrative agency exercises its quasi-judicial or e. corporation affected by a decision or ruling of the Collector may appeal to the Court of Tax Appeals.legal_ethics] [Lianne_Gervasio.lectures] [Japee_DeLeon. challenge the official Competito action of an rs: A competitor has legal standing to administrative agency which favors a competing entity.printing] [Miles_Malaya.design] Bobbie_StaMaria. Class suit: The subject matter of a class suit should be one of common and general interest. or will sustain. c.head] [Nayna_Malayang. the controversy has the standing to sue. and whose interest is immediate and substantial in. Consumers : Consumers can challenge the validity of administrative actions in areas affecting their interests. or the ‘party’ entitled to the avails of the suit. [Lozada] c.rem_law] [Paul_Sorino/Judy_Ripol.acads] [Jam_Jacob. is A taxpayer’s suit is generally allowed to restrain the government from spending public funds for a purpose alleged to be illegal. review available/appropriate. [Oposa v Factoran (1993)] b. 4. [Occena v COMELEC] b. [KMU v Garcia (1994)] • Under RA or 1125. and the plaintiffs should be numerous and representative enough to ensure full protection of all concerned interests.labor_law] [Miguel_DeJesus. direct injury as a result of its enforcement. A party must show a personal stake in the outcome of the case or an injury to himself that can be redressed by a favorable decision so as to warrant an invocation of the court's jurisdiction and to justify the exercise of the court's remedial powers in his behalf. [Kilosbayan v Morato (1995)] F. Kinds: Taxpayers: • The question in standing is “whether such parties have alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions. adversely association. When standing not given • One who is directly affected by.crim_law] [Vivian_Tan/Justin_Mendoza. on the other hand. [Ursal v CTA (1957)] • a.tax_law] . Lorybeth_Baldrias.civ_law] [Hya_Rafael/Mac_Macapagal. a. voter who impugns the validity of a substantial interest in the case such that he has sustained. [Lozada v COMELEC (1983)] A taxpayer’s suit is not allowed to compel the spending of public funds.poli_law] [Ascheia_Yumul. of Congress Members d.comm_law] [Ces_Sicangco/Rowena_Romero. statute must have a Voters: personal A and “whether he is the party who would be benefited or injured by the judgment.
there is no violation of due process. G. a. 3. Each Commission shall decide by a majority vote of all its Members any case or matter brought before it within 60 days from the date of its submission for decision or resolution. and not ruleand irreviewable. grave abuse of discretion. Art. brief.tax_law] .crim_law] [Vivian_Tan/Justin_Mendoza. courts. making or quasi-legislative.rem_law] [Paul_Sorino/Judy_Ripol. 8 of the 1987 Constitution. Laboratories v Gardner (1967)] premature adjudication. jurisdiction the to regular pass courts the have same. in b.printing] [Miles_Malaya. agencies from judicial interference until a decision has been formalized and its effect is felt in a concrete way or the imminence of the effect is demonstrable.poli_law] [Ascheia_Yumul. Thus. [San Miguel Corp.secretariat] [Dionne_Sanchez. Two-fold test for a of controversy to be ripe [Abbot] Fitness the issue for judicial decision. However. judicial review may be granted or withheld as Congress chooses. error of law. or in case the administrative decision is corrupt. fraud or collusion.deputy] [Rhudz_Raymundo. any decision. Art IX-A.labor_law] [Miguel_DeJesus. 2nd paragraph of Sec. Judicial review keeps the administrative agency within its jurisdiction and protects substantial rights of parties affected by its decisions.head] [Nayna_Malayang. or ruling of each Commission Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. clearly means that judicial [Smart v NTC (2003)] 2. a. thru Purpose To avoidance of [Abbot prevent review of administrative decisions cannot be denied the courts when there is an allegation of grave abuse of discretion.civ_law] [Hya_Rafael/Mac_Macapagal.188 adjudicatory function. v Labor Secretary (1975)] Mootness VI. from entangling themselves abstract agreement To over protect administrative policies. Modes of Judicial Review • Except when the Constitution requires or allows it. Unless otherwise may provided be brought by to this the Constitution or by law.lectures] [Japee_DeLeon. the law may provide that a determination made by an administrative agency shall be final Lorybeth_Baldrias. action. Sec 7. order. 1987 Consti. which provides that the judicial power includes the power of the courts of justice to determine WON there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any government agency or instrumentality. or memorandum required by the rules of the Commission or by the Commission itself.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio.1. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading.acads] [Jam_Jacob. b. Hardship to the parties of withholding such court • agencies There is an underlying power in the exercising quasi-judicial power on courts to scrutinize the acts of administrative questions of law and jurisdiction even though no right of review is given by the statute. upon • However. arbitrary or capricious. 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. In such a case. Judicial review is proper in cases of lack of jurisdiction.design] Bobbie_StaMaria.
(3) The action for judicial review may be brought are available are those against the agency. If the motion is denied.legal_ethics] [Lianne_Gervasio. the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. Classes of methods of obtaining judicial proceedings the administrative action for jurisdiction. (7) Review shall be made on the basis of the record Admin Code. (2) Direct v Collateral: • Direct to attacks attempt lack • of question subsequent abuse of discretionary. (6) The review proceeding shall be filed in the court specified by statute or. discretion. etc. mandamus.189 • The Constitution uses the word may.design] Bobbie_StaMaria. Collateral attack is when relief from action is sought in a administrative proceeding where the primary objective is the grant of a relief other than the setting aside of the judgment. It is merely an ascertainment of WON the findings of the administrative agency are consistent with law.comm_law] [Ces_Sicangco/Rowena_Romero. and all indispensable and necessary parties as defined in the Rules of Court. (4) Appeal from an agency decision shall be perfected by filing with the agency within 15 days from receipt of a copy thereof a notice of appeal. the appellant shall have 15 days from receipt of the resolution to perfect his appeal. It the decision is reversed on reconsideration. that it was filed within the period fixed in this chapter. and shall be accompanied with a true copy of the order appealed from. in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court.labor_law] [Miguel_DeJesus. by stating the specific material dates.secretariat] [Dionne_Sanchez.head] [Nayna_Malayang. Judicial Review. • Judicial review is not trial de novo.printing] [Miles_Malaya. review is not mandatory but only (1) Agency decisions shall be subject to judicial review in accordance with this chapter and applicable laws. together with copies of such material portions of the records as are referred are in grave those which to therein and other supporting papers. The findings of fact of the agency when supported by substantial evidence shall be meaning • review: (1) Statutory v Non-statutory: • • Statutory methods pursuant to specific statutory provisions. although an attack on the judgment may be incidentally involved.crim_law] [Vivian_Tan/Justin_Mendoza. habeas corpus. • If statutory review are available. Sec 25. or its officers. Lorybeth_Baldrias. (2) Any party aggrieved or adversely affected by an agency decision may seek judicial review. The petition shall be under oath and shall show. One motion for reconsideration may be allowed.rem_law] [Paul_Sorino/Judy_Ripol. and with the reviewing court a petition for review of the order. and supported by evidence.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob. Non-statutory methods taken when there is no express statute granting review. The methods for judicial petition shall contain a concise statement of the issues involved and the grounds relied upon for the review. – taken as a whole. quo warranto or prohibition. (5) The petition for review shall be perfected within 15 days from receipt of the final administrative decision. and relief is obtained by means of the common law remedies or by the prerogative writs of certiorari.poli_law] [Ascheia_Yumul. Copies of the petition shall be served upon the agency and all parties of record.lectures] [Japee_DeLeon. in the absence thereof.tax_law] . free from fraud or imposition. and the use of non-statutory methods will not likely be permitted.civ_law] [Hya_Rafael/Mac_Macapagal. they are ordinarily exclusive.
190 final except when specifically provided otherwise by law. • Grants the CA with exclusive jurisdiction decisions of 19 administrative to review agencies. including the power to grant and conduct new trials or further proceedings.deputy] [Rhudz_Raymundo.comm_law] [Ces_Sicangco/Rowena_Romero. certiorari.acads] [Jam_Jacob. in any court of competent jurisdiction in accordance with the provision on venue of the Rules of Court.civ_law] [Hya_Rafael/Mac_Macapagal. • SC Revised Administrative Circular 1- BP 129. certiorari if there is grave abuse of discretion amounting to lack or excess of jurisdiction.design] Bobbie_StaMaria.rem_law] [Paul_Sorino/Judy_Ripol. quasi-judicial agencies is exclusive. If it is not listed. the provisions of this Act. • • How: File petition for review. decisions. it means that such bodies are co-equal with the RTC in terms of rank and Lorybeth_Baldrias. Where to file: • Authority of the CA to review decision of In the court specified by the statute or. prohibition. habeas corpus. • Any party aggrieved or adversely affected by an agency decision. Rules of Court): Rule 43 of the 1997 Rules of Civil Procedure provides that the Court of Appeals shall have appellate jurisdiction over awards. except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution.lectures] [Japee_DeLeon.The Court of Appeals shall exercise: (1) Original jurisdiction to issue writs of mandamus. and quo warranto. • When to appeal: Within 15 days from receipt of a copy of the decision. receive evidence and Who may seek judicial review: perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction. including the Securities and Exchange Commission. . judgments. (2) and (3) Exclusive appellate jurisdiction over all final judgments. the Employees Compensation Commission and the Civil Service Commission. the Labor Code of the Philippines under Presidential Decree No. and of subparagraph (1) of the 3rd paragraph and subparagraph (4) of the 4th paragraph of Section 17 of the Judiciary Act of 1948. whether or not in aid of its appellate jurisdiction. 442.crim_law] [Vivian_Tan/Justin_Mendoza. unless extended by the Chief Justice. • Where the law provides for an appeal from the decisions of administrative bodies to the SC or to the CA. in the absence thereof. resolutions. Trials or hearings in the Court of Appeals must be continuous and must be completed within 3 months. Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts. 9). Sec. • • Listing is not exclusive since it provides SC retains the special civil action for “among these agencies” – ejusdem generis.poli_law] [Ascheia_Yumul. the Civil Service Commission. final orders of resolutions of or authorized by any quasi-judicial agency in the exercise of its quasijudicial functions.tax_law] .printing] [Miles_Malaya. its decisions can be reviewed by the RTC through the special civil action for certiorari under Rule 65. the Social Security Commission. • • Excludes the NLRC by virtue of BP 129 Mentions only one constitutional body – (as amended by RA 7902). boards or commissions.labor_law] [Miguel_DeJesus. 95 (Rule 43.head] [Nayna_Malayang. and auxiliary writs or processes. orders or awards of Regional Trial Courts and quasi-judicial agencies. Jurisdiction.legal_ethics] [Lianne_Gervasio. instrumentalities. Sec 9 (as amended by RA 7902. if such is listed in the law or if its charter so indicates.secretariat] [Dionne_Sanchez. as amended. The Court of Appeals shall have the power to try cases and conduct hearings.
Laguna Lake Development Authority. Rule 46.secretariat] [Dionne_Sanchez. Sec 1. board or officer. a. and adequate remedy in the ordinary course of law. the proper mode of appeal is through Rule 43 (Appeals from the Court of Tax Appeals and QuasiJudicial Agencies to the CA). Rule 45: Considered as a “gatekeeper provision”. Special civil action. Sec. logically.rem_law] [Paul_Sorino/Judy_Ripol.tax_law] . nor any plain. modified or vacated by any court of equal rank.deputy] [Rhudz_Raymundo.legal_ethics] [Lianne_Gervasio.acads] [Jam_Jacob. and will be granted only when there are special and important reasons therefore (Rule 45.lectures] [Japee_DeLeon.head] [Nayna_Malayang. and there is not appeal. beyond the control of the latter. B. alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal. and court martials) is valid. that in the case administrative agencies performing Certiorari Kinds Simple or ordinary. board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction. and a sworn certification of non-forum shopping as provided in the 3rd paragraph of Section 3. Review under this rule is not a matter of right. [Philippine Sinter v Cagayan Electric (2002)] This doctrine of non-interference by trial courts with co-equal administrative bodies is intended to ensure judicial stability in the administration of justice whereby the judgment of a court of competent jurisdiction may not be opened.civ_law] [Hya_Rafael/Mac_Macapagal.design] Bobbie_StaMaria. 1. Rule 45 (Appeal by Certiorari to the of discretion amounting to lack or excess of jurisdiction. Note that there are cases which held that review by the RTC of certain administrative agencies (Commission on Immigration and Deportation. speedy. a person aggrieved thereby may file a verified petition in the proper court. 6) b.labor_law] [Miguel_DeJesus.crim_law] [Vivian_Tan/Justin_Mendoza. however. The petition shall be accompanied by a certified true copy of the judgment. SC) of Note. Petition for certiorari.191 stature and.comm_law] [Ces_Sicangco/Rowena_Romero. copies of all pleadings and documents relevant and pertinent thereto. Rule 65 (Petition for Certiorari) Rule 65. it is applicable only when questions of law are raised.printing] [Miles_Malaya.poli_law] [Ascheia_Yumul. or with grave abuse Lorybeth_Baldrias. and granting such incidental reliefs as law and justice may require. order or resolution subject thereof. quasi-judicial functions. When any tribunal. but of sound judicial discretion.
the RTC or other courts. No further extension may be granted except for the most compelling reason. Court exercises original jurisdiction. or of the denial of the motion for new trial or reconsideration. But this does not apply to judgments or final orders issued under the Labor Code. On motion with payment of docket fees before the expiration of the reglementary period.crim_law] [Vivian_Tan/Justin_Mendoza.tax_law] .152 2. Lack of No of errors of discretion plain.poli_law] [Ascheia_Yumul. and not for judgments. adequate or speedy remedy. of fact or mixed question of law and fact. (Sec 6) The court exercises appellate jurisdiction. judgment or final order or resolution. CA and RTC have concurrent jurisdiction. Rule 43 CA has jurisdiction. final order or resolution not stayed unless the CA directs otherwise. (Sec 2) Within 60 days. jurisdiction b. Order is not stayed unless a preliminary injunction is issued. 3.acads] [Jam_Jacob. whimsical. grant an extension of 30 days. (Sec 1) This rule applies to appeals from judgments or final orders or resolutions of the CA. jurisdiction or grave abuse of discretion. This rule applies only to an order or act of an officer or board exercising judicial or quasi-judicial functions. arbitrary or despotic manner. Azores v SEC (1996)] amounting to lack or excess of jurisdiction. for justifiable reasons.deputy] [Rhudz_Raymundo. and in no case shall it exceed 15 days. the SC may.labor_law] [Miguel_DeJesus. The court exercises appellate jurisdiction. (Sec 12) Parties are the original parties and the court or agency is not impleaded as petitioner or respondent. Based on question of law. Based only on questions of law.design] Bobbie_StaMaria. Rule 65 The SC. (Sec 4) Award.lectures] [Japee_DeLeon. (Sec 3) This rules applies to appeals from judgments or final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions (Sec 1). for certiorari inquires into Parties are the original parties who thus become appellant and appellee.rem_law] [Paul_Sorino/Judy_Ripol. b.head] [Nayna_Malayang. include a correction of evidence but is Review evaluation of the to issues of under Rule 65 of the Rules of Court does not confined jurisdiction or grave abuse of discretion. the Sandiganbayan.secretariat] [Dionne_Sanchez. a.printing] [Miles_Malaya. ve agency performing a function. (Sec 2) Appeal shall be taken within 15 days from notice of the award.legal_ethics] [Lianne_Gervasio. and not errors of judgment. judgment. the CA may grant an additional period of 15 days. A petition Based on question of jurisdiction or grave abuse of discretion. nullify proceedings. or from the date of its last publication. or of the denial of the motion for new trial or reconsideration. c.civ_law] [Hya_Rafael/Mac_Macapagal. [Villaruel v NLRC (1998)] When not applicable Lorybeth_Baldrias. [Purefoods Corp v NLRC (1989). Upon proper motion & payment of docket fees and before the expiration of the reglementary period. Judgment is stayed. Purpose: To set aside or Grave abuse of discretion is committed when the judgment is rendered in a capricious.comm_law] [Ces_Sicangco/Rowena_Romero. Parties are aggrieved party (petitioner) against the administrative agency and the prevailing parties (respondents). 4. (Sec 1) a. Administrati quasi-judicial or grave abuse Requisites (Rule 65) Rule 45 SC has jurisdiction. [Republic v CA] Petition shall be filed within 15 days from notice of the judgment or final order or resolution.
hierarchy of courts. or to act at all. and it must be so patent and so gross as to amount to an evasion of positive duty. that the special civil action for certiorari is a remedy designed for the correction of errors of jurisdiction and not errors of judgment.secretariat] [Dionne_Sanchez. an error committed while so engaged does not deprive it of the jurisdiction being exercised when the error is committed. and abuse of discretion warrants the issuance of the extraordinary remedy of certiorari only when the same is so grave. • (1971) While findings of facts of administrative bodies are entitled to great weight and should not generally be disturbed. Thus. • NLRC (1998) There is an underlying power of the courts to scrutinize the acts of agencies on questions of law and jurisdiction even though no right of review is given by statute. as to be equivalent jurisdiction. to It having must acted without be emphatically Purefoods Corp v NLRC a long-standing policy and practice of the Court to respect the conclusions of quasijudicial agencies.deputy] [Rhudz_Raymundo. They are highly specialized bodies that have necessarily developed an expertise on their specific subjects. or to a virtual refusal to perform the duty enjoined. speedy and adequate remedy in the ordinary course of law against the acts of respondent. The remedy of a party is to file a motion for reconsideration at the administrative level. since so often is it overlooked. the intent of the legislature was to make a special civil action for certiorari as the proper vehicle for review.153 c.labor_law] [Miguel_DeJesus. the Court adheres to their findings. This cannot be allowed. The reason for the rule is simple.design] Bobbie_StaMaria.crim_law] [Vivian_Tan/Justin_Mendoza. there is grave abuse of discretion justifying the issuance of the writ of certiorari when there is such capricious judgment and as is whimsical equivalent exercise to lack of of Police Commission v Bello All such petitions must initially be filed in the CA following the Cases St. either the want or excess thereof. every error committed by a court would deprive it of its jurisdiction and every erroneous judgment would be a void judgment. or to act at all in contemplation of law.head] [Nayna_Malayang. unless there is an abuse or improvident exercise of of authority. an error of judgment that the court may commit in the exercise of its jurisdiction is not jurisdiction as where the power is exercised in an arbitrary or despotic manner by reason of passion.comm_law] [Ces_Sicangco/Rowena_Romero.legal_ethics] [Lianne_Gervasio. • (1989) The rule in this jurisdiction is that certiorari will lie only if there is no appeal or any other plain. The administration of justice would not survive such a rule.lectures] [Japee_DeLeon. [Commissioner Internal Revenue v General Foods (2003)] reiterated. Thus. prejudice or personal hostility Lorybeth_Baldrias. prejudice or personal hostility. If it did.civ_law] [Hya_Rafael/Mac_Macapagal. all references in the law to “appeals” from the NLRC to the SC must be interpreted to mean petitions for certiorari under Rule 65. as when the power is exercised in an arbitrary or despotic manner by reason of passion.rem_law] [Paul_Sorino/Judy_Ripol. Consequently. in contemplation of law. It has been amounting to an evasion of positive duty. then avail of a special civil action for certiorari under Rule 65.printing] [Miles_Malaya. Martin Funeral Homes v The only question involved in certiorari is jurisdiction.poli_law] [Ascheia_Yumul.acads] [Jam_Jacob. or to a virtual refusal to perform a duty enjoined. 5. In the case of NLRC decisions. When a court exercises its jurisdiction.tax_law] .
speedy. as prohibition is available only when there are no other plain. Agency performs quasi-judicial and/or ministerial 2. Petitioner must first Requisites Lack No of plain.crim_law] [Vivian_Tan/Justin_Mendoza. Cruz v Gangan (2003) Findings of fact of an administrative agency must be respected. Rule 65. b. – When the proceeding of any tribunal. not for acts already performed.printing] [Miles_Malaya.tax_law] . and a sworn certification of non-forum shopping as provided in the 3rd paragraph of Section 3." That sacramental phrase does not remove a decision from the certiorari jurisdiction of the Court or inhibit us from reversing them when warranted by a clear showing of a grave abuse of discretion. Sec 2: Petition for prohibition. and adequate remedy in the ordinary course of law. quasi-judicial or ministerial functions.design] Bobbie_StaMaria.acads] [Jam_Jacob. whether exercising judicial. copies of all pleadings and documents relevant and pertinent thereto. alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceeding in the action or matter specified therein. Rule 46.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez. If fait accompli.legal_ethics] [Lianne_Gervasio. prohibition can no longer be filed.rem_law] [Paul_Sorino/Judy_Ripol. a. [Cabedo v Director of Lands (1961)] c. the factual finding cannot stand on its own and is therefore not binding on the Court. but lacking such support.civ_law] [Hya_Rafael/Mac_Macapagal. a person aggrieved thereby may file a verified petition in the proper court. board or officer exercising judicial or quasi-judicial functions whereby the record of a particular case is ordered • to be elevated for review and correction in matters of law. and there is no appeal or any other plain. are without or in excess of its or his jurisdiction. and it creates a mischief and dangerous precedent whereby those in the corridors of power could avoid Lorybeth_Baldrias. all jurisdiction or grave abuse of discretion. corporation. exhaust administrative remedies.head] [Nayna_Malayang. stop a proceeding. C.154 correctible through the original civil action of certiorari. there would have been no reason at all to offer the extraordinary remedy of certiorari to litigants who otherwise would have been deprived of this only and last resort to the courts of justice. or otherwise granting such incidental reliefs as law and justice may require. The petition shall likewise be accompanied by a certified true copy of the judgment or order subject thereof. speedy and adequate remedies in the ordinary course of law. This remedy applies to administrative decisions up to the highest level and includes even a decision rendered "by authority of the President. 1. • (1982) Certiorari is a writ issued by a superior court to an inferior court. Prohibition Meralco Securities Industrial v Central Board of Assessment Appeals amounting to lack or excess of its or his jurisdiction. • De Leon v Heirs of Gregorio Reyes (1987) If all administrative decisions were conclusive upon the Court in any event.labor_law] [Miguel_DeJesus.lectures] [Japee_DeLeon. board. functions. or with grave abuse of discretion Exception: prohibition can restrain an act which is already a fait accompli if such act is patently illegal and unconstitutional. adequate and speedy remedy. Purpose: To prohibit or A preventive remedy – thus. so long as they are supported by substantial evidence.comm_law] [Ces_Sicangco/Rowena_Romero. officer or person.poli_law] [Ascheia_Yumul.
Jr. trust.poli_law] [Ascheia_Yumul. or station. Mandamus jurisdiction. Lorybeth_Baldrias. using its sound discretion. Exception is when there is substantial or conclusive proof to support the claim of citizenship. which is sufficient. Petition for mandamus. may allow intervention. That there is another and complete remedy at law is generally a sufficient reason for dismissing the writ. Prohibition is granted only where no other remedy. speedy and adequate remedy in the ordinary course of law. The question is whether. the person aggrieved thereby may file a verified petition in the proper court. to do the act required to be done to protect the rights of the petitioner. Question of alienage should be decided first in a judicial proceeding. and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. based on the quantum of evidence c. Rule 65.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. and there is no other plain.acads] [Jam_Jacob. When not applicable immediate review should be recognized and the courts should promptly enjoin the deportation proceedings. • Chua Cases Hiong v Deportation Board (1955) General rule is that the Deportation Board has original jurisdiction to resolve the issue of citizenship. alleging the facts with certainty and praying that judgment be rendered commanding the respondent. his right to 3.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza.rem_law] [Paul_Sorino/Judy_Ripol. or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled. required to justify judicial intervention before the termination of the deportation proceedings. in which case the court. [Paredes v CA (1996)] 4.design] Bobbie_StaMaria.secretariat] [Dionne_Sanchez. v courts themselves believe that there are reasonable grounds for the belief that the claim is correct.comm_law] [Ces_Sicangco/Rowena_Romero.deputy] [Rhudz_Raymundo. is suspending when the the administrative determination proceedings. CHR (1994)] [Simon.head] [Nayna_Malayang. and not intended to provide a remedy for an act already accomplished. The effect of is granting to the writ of the prohibition suspend administrative proceeding pending the resolution of the issue of the citizenship in the judicial proceeding. immediately or at some other time to be specified by the court. is available to afford redress. – When any tribunal.155 judicial intervention and review by • (1977) When the evidence submitted by a respondent in deportation proceedings is conclusive of his citizenship. Rule 46.tax_law] . officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. the judgment reached by the lower court from may the be termed as of suffering corrosion substantial legal error. board. The petitioner shall also contain a sworn certification of non-forum shopping as provided in the 3rd paragraph of Section 3. Sec 3.labor_law] [Miguel_DeJesus. Prohibition does not lie against legislative functions. allowable Judicial Co v Deportation Board merely speedily and stealthily completing the commission of an illegality [Tan v COMELEC (1986)] a. corporation. Prohibition is a preventive remedy to restrain the doing of an act about to be done. [Ruperto v Torres (Unreported)] b. citizenship will not Mere claim of it of its divest D.printing] [Miles_Malaya.
ministerial. a. in a prescribed manner. speedy and adequate remedy. in obedience to the mandate of a legal authority. duty enjoined by law. [Meralco v Savellano (1982)] A purely ministerial act or duty is one which an officer or tribunal performs in a given state of facts. No other plain. it is sufficient to show that the petitioner is a citizen even if he has not special interest in the result. without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done. To prevent a failure of justice or irreparable injury where there is a clear legal right and there is an absence of Cabanatuan (1961)] Lorybeth_Baldrias. Where such discretion of the court can be legally exercised in only one way and it refuses to act.legal_ethics] [Lianne_Gervasio.poli_law] [Ascheia_Yumul.civ_law] [Hya_Rafael/Mac_Macapagal. Mandamus is premature if there are administrative petitioner. reference to any matter to which he is called upon to act. There is grave abuse of discretion where the actuations are tantamount to a willful refusal to perform a duty specifically required by law.secretariat] [Dionne_Sanchez. Exception: If the question is one of public right and the object of mandamus is to procure the performance of a public duty.156 1. such duty is discretionary and not ministerial.tax_law] . b. [Tañada v Tuvera (1985)] c. If the law imposes a duty upon a public officer.comm_law] [Ces_Sicangco/Rowena_Romero. it is his judgment that is to be exercised and not that of the court. Purpose: To compel a party to perform an act arising out of a positive a. Duty to act after the facts have been ascertained is ministerial. [Meralco] Duty to ascertain facts is discretionary. Where the law imposes upon a public officer the right and duty to exercise judgment. and gives him the right to decide how or when the duty shall be performed.lectures] [Japee_DeLeon.crim_law] [Vivian_Tan/Justin_Mendoza. mandamus will lie to compel the court to exercise it.deputy] [Rhudz_Raymundo. [People v Orias] c. Discretion means the power or right conferred upon the office by law of acting officially conscience under and certain not circumstances 3.design] Bobbie_StaMaria. Exception: Mandamus will lie against a discretionary duty when the official or agency refuses to exercise the duty itself.rem_law] [Paul_Sorino/Judy_Ripol.acads] [Jam_Jacob. [Blanco v Board of Examiners (1924)] Exceptions: When mandamus lies to compel performance of discretionary duties. [Español v The Chairman of the PVA (1985)] 2.printing] [Miles_Malaya. The writ of mandamus will not issue to control or review the exercise of discretion of a public officer. When not applicable by the according to the dictates of his judgment and controlled judgment of conscience of others. the litigant need not exhaust all administrative remedies before mandamus can be sought.head] [Nayna_Malayang.labor_law] [Miguel_DeJesus. remedies [Perez v available City to the of Mayor Right of Requisites Public officer or agency has a positive duty that is Exception: Where the case involves only legal questions. petitioner is clear and controlling. Mandamus can be availed of only by the party who has a direct legal interest in the right sought to be enforced. [Tan v Veterans Backpay Commission (1959)] b. a.
board. Revised Rules of Court: When and where petition filed.lectures] [Japee_DeLeon.design] Bobbie_StaMaria. [Cruz v CA (1996)] Mandamus latter being f. be filed within a reasonable time. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction. • New rule: will not lie to compel the issuance of a visa. [Orias] e. When and where filed e. (1987)] [Kant Wong v PCGG • Old rule: Although Rule 65 does not specify any period for the filing of a petition for certiorari and mandamus. officer or person.poli_law] [Ascheia_Yumul. whether such motion is required or not. [Province of Pangasinan v Reparations Commission (1977)] d. the proper remedy is specific performance. In case a motion for reconsideration or new trial is timely filed. [Policarpio v Phil Veterans Board (1956)] d. manifest injustice.civ_law] [Hya_Rafael/Mac_Macapagal. mandamus will not lie to compel a court to dismiss the appeal as the remedy is to assign such failure to dismiss as an error in the course of the appeal.tax_law] .legal_ethics] [Lianne_Gervasio. c. in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. The courts may not grant the writ of mandamus to secure said privilege. or palpable excess of authority.secretariat] [Dionne_Sanchez. [Orias] contractual obligations or to compel a course of conduct.acads] [Jam_Jacob. If it involves the acts or omissions of quasi-judicial agency. or when such remedy of appeal is inadequate.labor_law] [Miguel_DeJesus. [Lapisan v Alfonso] 4.crim_law] [Vivian_Tan/Justin_Mendoza. Where there has been grave abuse of discretion. or in the Sandiganbayan if it is in the aid of its appellate jurisdiction. is of distinguishable right. Guzman (2004)] [PRC v De b. where there is no appeal. Mandamus will lie only to compel the board or officer to take some action when it refuses to BUT will not attempt to prescribe the action to be taken and thereby control the discretion or judgment of the board or officer. Mandamus does not lie to require anyone to fulfill Lorybeth_Baldrias. the from a nevertheless. In these cases. Issuance of a visa is not a mater of course since it involves the exercise of discretion on the part of the consular officer as to the question if the entry of the applicant would be contrary to public safety.comm_law] [Ces_Sicangco/Rowena_Romero. [Ng Gioc Liu v Secretary of Foreign Affairs (1950)] Rule 65. especially where a constitutional right has been violated. it must. Privilege matter demandable if denied.157 any adequate remedy. While mandamus lies to compel a court to give due course to the appeal which it has erroneously dismissed. if it relates to the acts or omissions of a lower court or of a corporation. – The petition shall be filed not later than 60 days from the notice of the judgment. To prevent an abuse of discretion or to correct an arbitrary action which does not amount to exercise of discretion. Sec 4.rem_law] [Paul_Sorino/Judy_Ripol.head] [Nayna_Malayang. such reasonable time is within 3 months from the commission of the complained act. The petition shall be filed in the Supreme Court or.deputy] [Rhudz_Raymundo. order or resolution. in which case the respondent can be ordered to act in a particular manner.printing] [Miles_Malaya. In certiorari cases. the 60-day period shall be counted from notice of the denial of said motion. The same rule should apply to mandamus cases.
or any other governmental regulation may. or the validity of the law or regulation is. and the performance of the duty has been refused. Declaratory Relief 1. Petition is filed before breach or violation of the instrument or regulation. doubtful and requires judicial construction. bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising and for a declaration of his rights or duties. (As amended by A. There must be an actual justiciable controversy between persons with adverse interests.head] [Nayna_Malayang. and the writ of mandamus is a legal remedy for a legal right. The terms of the written instrument are. [Tolentino v Board of Accountancy] • Note: An action for declaratory It is not relief must be brought in the RTC. clear and certain legal right to the thing demanded. or whose rights are affected by a statute.civ_law] [Hya_Rafael/Mac_Macapagal. to quiet title to real property or remove clouds therefrom.comm_law] [Ces_Sicangco/Rowena_Romero. Sec 1. board. it may be treated as one for prohibition [De la Llana v Alba (1982)] or for mandamus. ordinance.lectures] [Japee_DeLeon. [Alliance of Government Workers v Minister of Labor and Employment (1983)] b. the petition shall be filed in and cognizable only by the Court Appeals. where all administrative remedies have been exhausted. Requisites a. September 1. there must be a showing that the officer.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio. there must be statutory authority for the performance of the act.crim_law] [Vivian_Tan/Justin_Mendoza. Who may file petition.acads] [Jam_Jacob. if the petition has far-reaching implications and it raises questions that should be resolved. or to consolidate ownership under Article 1607 of the Civil Code. thereunder. No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding 15 days. [Reparations Rule 63. Contro4ersy must be ripe for adjudication [Mirando]. 00-02-03-SC. [Mirando v Wellington (1978)] e. • Cases PRC v De Guzman (2004) For mandamus to prosper. No. contract or other written instrument. executive order or regulation. will. [Santos v Aquino] c. among the actions within the original jurisdiction Lorybeth_Baldrias. Commission v Northern Lines (1970)] d. [Mirando] f.poli_law] [Ascheia_Yumul. E.printing] [Miles_Malaya.M. [Remotigue v Osmeña (1967). or law or governmental regulation which affects his rights.deputy] [Rhudz_Raymundo. before breach or violation thereof. may be brought under this Rule. The function of mandamus is not to establish a right but to enforce one that has been established by law. Moreover.rem_law] [Paul_Sorino/Judy_Ripol. will.tax_law] . Petitioner must have legal interest in the controversy. However. – Any person interested under a deed. An action for the reformation of an instrument. there can be no application of a legal remedy. of the SC even if only questions of law are involved. or official concerned has a clear legal duty not involving discretion.158 unless otherwise provided by law or these rules. contract or written instrument in which petitioner is legally interested. Subject matter must be a deed. 2000) 5. There must be a well-defined.design] Bobbie_StaMaria.secretariat] [Dionne_Sanchez. If no legal right has been violated. Rural Bank of Olongapo v Commissioner of Land Registration (1981)].
tax_law] . trial or judicial investigation of issues. executive orders. validity and declaration of rights thereunder.rem_law] [Paul_Sorino/Judy_Ripol. the proper procedure is for the tax to be paid first and to sue for its recovery afterwards.design] Bobbie_StaMaria. A In securing a person detained upon the orders of an agency may test the validity of his detention through the privilege of the writ of habeas corpus. When not applied Rule 102. Adequate relief is not available through other means or other forms of action or proceeding. uncertainty of controversy. Dental Supply v Meer (1951)] [National d. validity/construction does not apply to cases involving deeds. and enjoyed no rights which were violated. Purpose: To determine the construction. Where petitioner never acquired any interest in the object of the controversy. (1949)] for declaratory relief is filed after the breach [De Borja v Villadolid c. illegal confinement or detention.printing] [Miles_Malaya. To what habeas corpus extends. etc.legal_ethics] [Lianne_Gervasio. which is a constitutionally guaranteed right. [Kawasaki v Amores (1991)] 2. [Ollada v Central Bank (1962)] expressed in written instruments – since this remedy is available only if it is limited to a declaration of rights.crim_law] [Vivian_Tan/Justin_Mendoza.civ_law] [Hya_Rafael/Mac_Macapagal. status and other relations commonly Lorybeth_Baldrias. F. Ardalles (1955)] judicial declaration of citizenship. Where declaratory relief would not terminate the f.159 g.labor_law] [Miguel_DeJesus. • Note: Prof. 4. contracts or other written instruments.acads] [Jam_Jacob. Where the relief sought would be determinative of issues rather than a construction of definite stated rights. a. person entitled thereto. Sec 1.lectures] [Japee_DeLeon. Avena says that while the (1) determination of any question of validity or construction and (2) declaration of rights apply to statutes. taxpayer questions his liability. Nature: The great writ of liberty is intended as a speedy remedy to secure the release of a person deprived of his liberty. and test the validity of detention as ordered by an agency.poli_law] [Ascheia_Yumul. Rightful custody of any person is withheld from the There is Requisites There is a. the writ of habeas corpus shall extend to all case of illegal confinement or detention by which any person is deprived of his liberty. and not to a determination. 3.deputy] [Rhudz_Raymundo. of law took place. Purpose: Secure the release of a person deprived of his liberty.secretariat] [Dionne_Sanchez. c. [Mirando] 3. – Except as otherwise expressly provided by law.. will. Where a b.comm_law] [Ces_Sicangco/Rowena_Romero.head] [Nayna_Malayang. Habeas Corpus 1. [(Azajar v b. or by which the rightful custody of any person is withheld from the person entitled thereto. illegal restraint of liberty. Cases • (1951) The writ of habeas corpus will issue when: Mejoff v Director of Prisons e. Where petition 2.
probably work injustice to him. in which case it shall be known as a preliminary mandatory injunction.poli_law] [Ascheia_Yumul. Order the continued performance of some act for the purpose of preventing further injury. Note. or b. c.rem_law] [Paul_Sorino/Judy_Ripol.crim_law] [Vivian_Tan/Justin_Mendoza.civ_law] [Hya_Rafael/Mac_Macapagal. Preliminary injunction defined. Purpose: a. the injunction cannot prosper. Order – Life span of 20 days. renders a petition for the writ of habeas corpus moot and academic. agency or a person to refrain from a particular act or acts.comm_law] [Ces_Sicangco/Rowena_Romero. Injunction as provisional remedy 4. • Co v Deportation Board (1977) Bail renders a writ of habeas corpus moot and academic. threatens or about to do an act in violation of petitioner’s rights which may render the judgment ineffective. It may also require the performance of a particular acts or acts. however. No criminal charges have been formally made or a judicial order issued for his detention.acads] [Jam_Jacob. b. from doing something Preliminary Injunction – To prevent or stop defendant c. as the bail bond gives petitioner liberty. Injunction – If plaintiff wins Permanent the case. requiring a party or a court.secretariat] [Dionne_Sanchez. Plaintiff is Commission or continuance of an act complained of would Defendant. In such case. 3. Injunction can only be issued by superior to an inferior body. classes. whether permanent or temporary. entitled to relief demanded. a writ of habeas corpus may still issue despite the granting of bail when there is still effective detention. that in Criminal Procedure. d. Lorybeth_Baldrias. Nature: An ancillary remedy provided to preserve the petitioner’s rights while main action is pending. Liwag (1989) The release of a detained person. Sec 1. [Honda v San Diego (1966)] Types a. An alien has been detained by the DOJ for an unreasonably long period of time after it has become apparent that the deportation order cannot be effectuated.legal_ethics] [Lianne_Gervasio. injunction becomes permanent (otherwise.head] [Nayna_Malayang. Cases 1. the order of deportation which was not executed is functus officio and the alien is being held without authority of law. b.labor_law] [Miguel_DeJesus. Preliminary Mandatory Injunction – Plaintiff wants to compel defendant to do something. • Lucien Tran Van Nghia v. – A preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order. 5. if co-equals.tax_law] . Restraining Rule 58. Requisites: b.design] Bobbie_StaMaria.lectures] [Japee_DeLeon. G.deputy] [Rhudz_Raymundo. a. d. after which hearing is then held to decide propriety of the injunction.printing] [Miles_Malaya. Prevent the commission of certain acts complained of. unless there are restraints attached which precludes his freedom. and 2.160 a. the writ is dissolved). is doing.
Substantial Evidence Rule: Findings of fact.tax_law] . As a reviewing judge though.deputy] [Rhudz_Raymundo.secretariat] [Dionne_Sanchez. in order to decide the legal question.printing] [Miles_Malaya. if the decision The right to the writ is clear when: 1) there is willful invasion of the petitioner’s right. If he is inclined to review it. • that If the reviewing court is convinced substantial ruling. • A given immunity from liability to persons who may be injured as a result of an erroneous or mistaken decision.rem_law] [Paul_Sorino/Judy_Ripol. The Law-Fact Distinction There is no clear-cut line that separates questions of law from questions of There may be cases where the issues raised may easily be classified under one or the other.poli_law] [Ascheia_Yumul.161 • Collector vs. Reyes (1957) • General rules: 1. • Extent of Judicial Review Generally. provided that the acts complained of were done under the color of authority and in good faith. evidence the court supports may the agency’s confirm Lorybeth_Baldrias. The general rule is that injunction cannot be issued in tax collection.head] [Nayna_Malayang. An exception is that if the collection of the tax is prejudicial to the interest of the government and of the taxpayer.labor_law] [Miguel_DeJesus. determination of such other questions such as state immunity from suit and the applicable statutes. and the injury is a continuing one.lectures] [Japee_DeLeon.legal_ethics] [Lianne_Gervasio.crim_law] [Vivian_Tan/Justin_Mendoza.comm_law] [Ces_Sicangco/Rowena_Romero. 2. • Lemi vs. he will waive it off as a question of fact. A.design] Bobbie_StaMaria. into agencies and providing for judicial review may Whether courts may inquire questions of law. are conclusive and binding on the courts.civ_law] [Hya_Rafael/Mac_Macapagal. [Philippine Racing Club v Bonifacio (1960)] • Brandeis Doctrine of Assimilation of Facts: Where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter. and 2) effect of the writ is to re-establish the pre-existing relation.acads] [Jam_Jacob. attended with capriciousness. 3. Valencia (1966) courts can review 4. the court will. method) • Parties aggrieved by some agency action may be able to obtain judicial review in an action for damages brought against the agency or its officials. and Questions of jurisdiction are always reviewable as they go into the question of authority to decide. he must ascertain whether the agency’s decision is supported by substantial evidence for him to do the waiving-off act. otherwise. but some cases may involve mixed questions of law and fact. of fact or of both as well as of administrative discretion will depend on the enabling act. he will treat it as quasi-judicial officer is usually a question of law. laws creating administrative indicate the the scope of that review. action will prosper Whether or not the will depend on the Suit for damages (indirect • fact. If the decision of a case is is discretionary on the part of the agency. if based on substantial evidence. • The problem with these shady areas is that they are usually dependent on the predilection of the judge reviewing the case. VII. Questions of law are always reviewable by the courts. examine the entire record including the evidence if necessary. CTA is authorized to restrain the Collector from proceeding with its collection. H.
is reviewable by the courts. because the court has to examine the facts vis-à-vis the four-fold test. it is a question of law reserved to the court’s determination. which involves a question of law. if Validity this of the the of agency limit the transcend A party challenging an administrative Constitutionality of the action may direct his attack against the: statute creating the agency and granting relationship exists is a question of law.civ_law] [Hya_Rafael/Mac_Macapagal. since the courts are generally more competent to resolve these issues considering the less specialized nature of their jurisdiction. • 1.design] Bobbie_StaMaria.rem_law] [Paul_Sorino/Judy_Ripol. place. [Ortua v Singson (1934)] • When the conclusion drawn by an administrative official from the facts found is erroneous or not warranted by law. [Japanese War Notes Claimants vs. De Santiago v Reyes (1960)] • Non-controversion of a claim for • The issue of WON an ER-EE workmen’s compensation simply means an admission of facts and not an admission of a legal conclusion.secretariat] [Dionne_Sanchez.crim_law] [Vivian_Tan/Justin_Mendoza. correct. (1951)] C. Mapa (1954)] Lorybeth_Baldrias. agency’s of the law.labor_law] [Miguel_DeJesus.printing] [Miles_Malaya. or 3. action 3.deputy] [Rhudz_Raymundo. SEC (1957)] question of law reviewable by the court. [Aboitiz v Pepito (1966)] B. • Finality is attached to findings of fact This of some agencies when these findings are supported by substantial evidence. [Ysmael v CIR (1960)] Note: There is an alternative view saying that the question of WON there is an EER is a mixed question of fact and law. [Donato v. it should Marine review. [Mejia vs.acads] [Jam_Jacob. Otherwise. is but a recognition of the expertise of the agency as to questions in matters which have been entrusted to them for Which of the two versions of the happening of an event is WON an event has taken WON a certain thing involved is: [O’Leary v Brown-Pacific-Maxon established by law.comm_law] [Ces_Sicangco/Rowena_Romero. which the courts may review.162 findings.tax_law] . 2.head] [Nayna_Malayang. Officer • Judicial review is proper where the Philippine act of the administrative official constitutes not only an excess of regulatory power conferred upon him. 2. [Dauan v Secretary (1959)] • Whether a a question of of law.lectures] [Japee_DeLeon. • Question of Law General rule: Questions of law are subject to judicial review. fact is a • The interpretation of articles of overcomes presumption incorporation. [People v Santos (1936)] Association (1959)] • The conclusion drawn from facts is a question of law. • Inferences and findings of fact of administrative agencies are to be accepted. or Correctness interpretation and application • An administrative official’s action which is based on a misconstruction of law can be corrected and is not conclusive upon the courts. exists. • Question of Fact A question of fact exists if the issue 1.legal_ethics] [Lianne_Gervasio. unless they are irrational or unsupported by substantial evidence on the record as a whole. its powers. [Reyes Vda.poli_law] [Ascheia_Yumul. but also an exercise of legislative power which he does not have.
to be substantial. Confessor (1994)] • In administrative proof or quasi-judicial reasonable proceedings.acads] [Jam_Jacob.comm_law] [Ces_Sicangco/Rowena_Romero. as a trier of facts. must consider evidence not only in its quantitative but also in its qualitative aspects. and not rulings on weight by of the of evidence. [Mollaneda v Umacob (2001)] functions may not be interfered with by the courts. determine the credibility of witnesses. the courts. or otherwise substitute its judgment for that of the administrative agency on the sufficiency of evidence. [PAL v.head] [Nayna_Malayang. This is generally true with respect to acts involving the exercise of judgment or discretion and findings of fact. is in a better position to assess the demeanor of the witnesses and the credibility of their testimonies as they were within its proximal view during the hearing or investigation.design] Bobbie_StaMaria. For.secretariat] [Dionne_Sanchez.tax_law] .rem_law] [Paul_Sorino/Judy_Ripol. [Suarnaba v WCC (1978)] Lorybeth_Baldrias.legal_ethics] [Lianne_Gervasio. But when there is grave abuse of discretion amounting to lack of jurisdiction.civ_law] [Hya_Rafael/Mac_Macapagal. there is a justification for the courts to set aside the administrative determination. as long as there was no grave abuse of discretion. Customs are vs. [Acting have the power to review the findings of fact when the evidence on record is not substantial. The court recognizes that the trial court or administrative body. its findings of facts which are supported by substantial evidence are accorded by the courts with conclusiveness.lectures] [Japee_DeLeon. General rule: Because of the expertise which an administrative agency has.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo. in order to determine the substantiality of the evidence. [Gonzales v Victory Labor Union (1969)] contending presentation adversarial process would ensure a better evidence. and whether or not such is substantial is for the court to say. reviewable Commissioner MERALCO (1977)] • It is not for the reviewing court to • Administrative and discretionary weigh the conflicting evidence.crim_law] [Vivian_Tan/Justin_Mendoza. But the courts • the Only errors of law. and findings official thorough • One circumstance where the court may not accept the agency’s findings of fact is when the decision rendered by an almost evenly divided court and the division was precisely on the facts as borne out by the evidence.printing] [Miles_Malaya. [Banco Filipino v Central Bank (1991)] • The court is inclined to review the of if fact of an of administrative based the wherein appreciation on a the of parties’ they are not examination claims. beyond doubt or preponderance of evidence is • any A quasi-judicial body can determine question without regard to technicalities.163 regulation or decision. In such a situation the court.labor_law] [Miguel_DeJesus. evidence must first of all be credible.
Question of Discretion [Universal Camera v administrative agency. A ministerial act has been defined as one performed in response to a duty which has been positively imposed by law and its performance required at a time and in a manner or upon conditions specifically designated. [Velasquez v Hernandez (2004)] Discretion is the power to make a choice among permissive actions or policies.rem_law] [Paul_Sorino/Judy_Ripol. Discretionary acts v Ministerial acts Discretionary Ministerial Lorybeth_Baldrias. statutory only departure or standards. administrative case would have to be sustained for as long as it is supported by substantial evidence that the respondent has committed the acts stated in the complaint or formal charge.tax_law] .164 not required as a basis for a judgment. • In administrative proceedings. by substantial evidence.labor_law] [Miguel_DeJesus.civ_law] [Hya_Rafael/Mac_Macapagal. on questions of law. NLRC (1991)] When applied to public functionaries. definite duty arising under conditions admitted or proved to exist.secretariat] [Dionne_Sanchez. discretion may be defined as the power or right conferred upon them by law to act officially under certain circumstances. Rather. lack for from of evidentiary support. and imposed by law.deputy] [Rhudz_Raymundo. Ministerial duty is one in respect to which nothing is left to discretion.acads] [Jam_Jacob. It is a simple. substantial evidence being sufficient.comm_law] [Ces_Sicangco/Rowena_Romero. the allegations in the complaint. The court will not substitute but of of its will its an discretion or judgment for that of the administrative determine action.printing] [Miles_Malaya.head] [Nayna_Malayang. propriety or expediency are for the agency and not for the courts. the dismissal of the criminal case will not foreclose administrative action against respondent. is nevertheless persuasive and given much weight especially if the agency is one of special competence and experience. Ergo. The very essence of discretionary power is that the person or persons exercising it may choose which of several courses of action should be followed. and questions of wisdom.crim_law] [Vivian_Tan/Justin_Mendoza. Judicial review of administrative discretion v Substitution of judicial discretion for administrative discretion • Questions of policy or discretion are reviewable unreasonableness. NLRC (1951)] D.poli_law] [Ascheia_Yumul.design] Bobbie_StaMaria. the The agency. the complainant has the burden of proving. 1. ruling lawfulness • an The substantial evidence standard is administrative agency disagree in not modified in any way when officials of their findings. even if other minds equally reasonable might conceivably opine otherwise. the duty to perform under the conditions specified not being dependent upon the officer’s judgment or discretion. according to the dictates of their own judgment and conscience and not controlled by the judgment of others.legal_ethics] [Lianne_Gervasio. This is different from the quantum of proof required in criminal proceedings which necessitates a finding of guilt of the accused beyond reasonable doubt. while not as conclusive as its findings of facts. [Meralco v. Substantial evidence does not necessarily import preponderance of evidence as in an ordinary civil case. 2. [Tapiador v Office of the Ombudsman (2002)] • Administrative A finding proceedings of guilt in are an governed by the substantial evidence rule.lectures] [Japee_DeLeon. it is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
[Nasipit Lumber Co.crim_law] [Vivian_Tan/Justin_Mendoza. • Dulay v interpretation. whimsical. Finality Judgment quasi-judicial of a final 1. • Courts should PLDT v NTC (1995) not intervene in that meet the doctrine’s requisites. If discretion and hostile judicata does not apply. VIII. A. v NLRC (1989)] was exercised in a capricious. Enforcement of Agency Action Natural of Resources (1993) of Decisions administrative pursuant orders bodies rendered Res Judicata. habiliments more of or a less artfully.acads] [Jam_Jacob.165 judicial proceedings and not to the 3. partial. General rule: In the exercise of lawfully given. save upon a very clear showing of serious violation of law or of fraud.rem_law] [Paul_Sorino/Judy_Ripol. manner.labor_law] [Miguel_DeJesus. discretion interfere. • (1957) Cases nature. Exception: abusive. 2. so long as their decisions The erroneous appreciation of the significance of the facts before the administrative agency does not mean that the administrative agency had abused its discretion.comm_law] [Ces_Sicangco/Rowena_Romero." cause of action. of purely are administrative Administrative and res proceedings Rationale: Recognition of summary in non-litigious hence.civ_law] [Hya_Rafael/Mac_Macapagal.legal_ethics] [Lianne_Gervasio. 4. the expertise of the agency.printing] [Miles_Malaya.tax_law] . which forbids • The doctrine of res judicata applies only to judicial or quasi- Lorybeth_Baldrias. the force judgment within the purview of the doctrine of res judicata.head] [Nayna_Malayang. The more equitable attitude is to allow extension of the defense to decisions of bodies upon whom judicial powers have been conferred.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.deputy] [Rhudz_Raymundo. the court will not exercise functions.design] Bobbie_StaMaria. upon their finality. The essential requisites of res judicata are: 1) 2) The former judgment must It must by a over have court the been having subject be final. When it applies authority have. and parties. of in the legal "question matter and the parties. personal malice or wanton oppression. Courts have or none of the technical and which economic financial competence specialized administrative agencies have at their disposal. It must be a judgment on There must be identity of subject Minister and to and their effect matter of and the merits.secretariat] [Dionne_Sanchez. arbitrary. and in particular must be wary of intervening in matters which are at their core technical and economic in nature but disguised. rendered jurisdiction 3) 4) administrative process. • (1963) Cases Ipekdijan Merchandising v CTA To say that the doctrine applies Laguna Tayabas v PSC exclusively to court decisions would be to unreasonably circumscribe the scope thereof.
labor_law] [Miguel_DeJesus. Refusal to grant clearance Withholding or denying performing quasi-judicial functions have the implied power to issue writs of execution. irrespective of formal. Mandamus General rule: Administrative agencies Suspension. • Abatement Sequestration of of nuisance ill-gotten (Secretary of Health).civ_law] [Hya_Rafael/Mac_Macapagal. as it does not require absolute but only substantial identity of parties.deputy] [Rhudz_Raymundo. presume that the agency has the power to enforce its decisions emanating from its quasijudicial (1968)] powers.design] Bobbie_StaMaria. this requisite is present whenever parties are litigating for the same thing and for the same contentions. direct and positive sanctions (grant of subpoena power and contempt powers) v Phil Consumers obedience • • are or afforded prevent by provisions of for the administrative or judicial processes to compel violation determination. With respect to identity of causes of action. Dole out or withhold.rem_law] [Paul_Sorino/Judy_Ripol. unless [GSIS the law v CSC provides.comm_law] [Ces_Sicangco/Rowena_Romero. Refusal to renew license.legal_ethics] [Lianne_Gervasio. Promulgate rules. Revocation. Imposition and collection of Summary • Distraint of enforcement personal and sale or destruction of property. • Writ of Execution. and • wealth (PCGG). a judgment is on the merits when it determines the rights and liabilities of the parties based on the disclosed facts. and without need for adjudication: property or levy on real property (Commissioner of Internal Revenue). Adjudicative function Rule-making function Executive function Dispensing government largess paper to ships. B. technical or dilatory objections. • MERALCO Foundation (2002) For purposes of res juridicata.166 the reopening of matters once therewith. Issue or withhold license. (quasi-judicial power) should normally and logically begin to include the grant of authority to enforce and execute the judgment otherwise (1991)] • The legislature may aid the enforcement of administrative determination by providing a penalty for failure to comply it renders. Also.lectures] [Japee_DeLeon. If the law is silent. res juridicata is not defeated by a minor difference of parties.tax_law] .poli_law] [Ascheia_Yumul. Exception: If the enabling law expressly provides otherwise. Lorybeth_Baldrias. benefits. judicially determined by competent authorities. Administrative functions: Administrative enforcement includes: Enforce decision. [Apolega v Hizon The authority to decide cases fines and penalties. Imposing conditions seizure Exclusion and deportation. Focusing on public opinion.secretariat] [Dionne_Sanchez. Moreover.printing] [Miles_Malaya.crim_law] [Vivian_Tan/Justin_Mendoza.acads] [Jam_Jacob.head] [Nayna_Malayang.
crim_law] [Vivian_Tan/Justin_Mendoza. (4) "Rule making" means an agency process for the formulation. (6) "Person" includes an individual. not of an interlocutory character. renewal. office. or schedules thereof. Scope. registration. occupation or business. De the remedy v is Corpuz The requirements of. whether affirmative. privileges. licensing research institutions with respect functions.tax_law] . • Execution must conform to that ordained or decreed in the dispositive part of the decision. the public. an agency. (7) "Party" includes a person or agency named or admitted as a party. (5) "Contested case" means any proceeding. 1. (2) "Rule" means any agency statement of general applicability that implements or interprets a law. classifications. the order pro tanto has no validity. negative.head] [Nayna_Malayang. . approval. public or private organization of any character other than an agency. or properly seeking and entitled as of right to be admitted as a party. partnership. including licensing. amendment. but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes. including individual or joint rates. and adjudicate to cases. including licensing.167 • and If officials refuse to implement a final executory judgment.deputy] [Rhudz_Raymundo. Sec. charter. and state universities and colleges. (11) "Licensing" includes agency process involving the grant. or regulation of the exercise of a right or privilege. grant rights or privileges.rem_law] [Paul_Sorino/Judy_Ripol. certificate. The term includes the memoranda internal or statements or concerning administration mandamus. [Clavano v HLURB (2002)] -ENDAPPENDIX BOOK VII: ADMINISTRATIVE PROCEDURE Chapter 1 GENERAL PROVISIONS Sec. denial. (3) "Rate" means any charge to the public for a service open to all and upon the same terms. government corporations with respect to functions regulating private right. bureau. or injunctive in form. mileage.As used in this Book: (1) "Agency" includes any department.legal_ethics] [Lianne_Gervasio. fixes and describes the procedures in. duties or privileges asserted by specific parties as required by the Constitution or by law are to be determined after hearing. military establishments in all matters relating exclusively to Armed Forces personnel. clearance. commission. kilometerage and other special rates which shall be imposed by law or regulation to be observed and followed by any person.civ_law] [Hya_Rafael/Mac_Macapagal. [Vda. and officials in the exercise of disciplinary power as provided by law. (9) "Adjudication" means an agency process for the formulation of a final order.design] Bobbie_StaMaria. in which the legal rights. or procedure available to. as well as commutation.poli_law] [Ascheia_Yumul.secretariat] [Dionne_Sanchez. membership. revocation. or repeal of a rule. association.This Book shall be applicable to all agencies as defined in the next succeeding section. issue licenses. (10) "License" includes the whole or any part of any agency permit. tolls.comm_law] [Ces_Sicangco/Rowena_Romero. the Board of Pardons and Parole. Where the order of execution is not in harmony with and exceeds the judgment which gives it life.lectures] [Japee_DeLeon.labor_law] [Miguel_DeJesus. Army (1978)] Commanding General of the Philippine management of an agency not affecting the rights of. the Constitutional Commissions. in any agency proceeding. authority or officer of the National Government authorized by law or executive order to make rules. or practice Lorybeth_Baldrias. suspension. 2. of an agency in any matter. (8) "Decision" means the whole or any part of the final disposition. except the Congress. passport. the Judiciary. . corporation. statutory exemption or other form of permission.acads] [Jam_Jacob.printing] [Miles_Malaya. Definitions. rate fixing and granting of rights and privileges. including its regulations.
license. is punishable as a crime or subject to a penalty shall in all cases be published in full text. amendment. cost. Effectivity. the withholding of relief. right. together with a complete index and appropriate tables. license. Sec.deputy] [Rhudz_Raymundo. (15) "Agency action" includes the whole or part of every agency rule. and to other persons at a price sufficient to cover publication and mailing or distribution costs. . sanction. (2) The records officer of the agency. charges or fees. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.head] [Nayna_Malayang. . Rules in force on the date of effectivity of this Code which are not filed within 3 months from that date shall not thereafter be the basis of any sanction against any party or persons. 6. The University of the Philippines Law Center shall furnish 1 free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President. withdrawal.The University of the Philippines Law Center shall: (1) Publish a quarter bulletin setting forth the text of rules filed with it during the preceding quarter. safety and welfare. Publication and Recording. relief or its equivalent or denial thereof. or specified in the rule in cases of imminent danger to public health. the revocation or suspension of license. Sec. Sec.(1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if its publication would be unduly cumbersome. 4. modification or conditioning of a license. and the bulletin shall contain a notice stating the general subject matter of the omitted rule and new Chapter 2 RULES AND REGULATIONS Sec. or the taking of other compulsory or restrictive action.legal_ethics] [Lianne_Gervasio. privilege. limitation. exemption. The bulletin and the codified rules shall be made available free of charge to such public officers or agencies as the Congress may select.labor_law] [Miguel_DeJesus. 7.(1) Every agency shall file with the University of the Philippines Law Center 3 certified copies of every rule adopted by it.The court shall take judicial notice of the certified copy of each rule duly filed or as published in the bulletin or the codified rules.comm_law] [Ces_Sicangco/Rowena_Romero.design] Bobbie_StaMaria. pursuant to law. Lorybeth_Baldrias.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol. reimbursement. or his equivalent action. the imposition of penalty or fine. Omission of Some Rules. the existence of which must be expressed in a statement accompanying the rule. adjudication and licensing. the assessment of damages. remedy.tax_law] . Filing. exception.crim_law] [Vivian_Tan/Justin_Mendoza. Distribution of Bulletin and Codified Rules.printing] [Miles_Malaya. restitution. this Book. compensation. taking. . 3. each rule shall become effective 15 days from the date of filing as above provided unless a different date is fixed by law. immunity. 8. assistance. or authority. limitation or other condition affecting the liberty of any person. all appellate courts and the National Library. seizure or withholding of property.In addition to other rule-making requirements provided by law not inconsistent with functionary. order. or taking of any action upon the application or petition of any person. (12) "Sanction" includes the whole or part of a prohibition. (2) Every rule establishing an offense or defining an act which. Judicial Notice.acads] [Jam_Jacob. . exemption or exception. privilege. (14) "Agency proceeding" means any agency process with respect to rule-making. Sec.secretariat] [Dionne_Sanchez.lectures] [Japee_DeLeon.civ_law] [Hya_Rafael/Mac_Macapagal. (13) "Relief" includes the whole or part of any grant of money. Congress. but copies of that rule shall be made available on application to the agency which adopted it. (3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection. the destruction. and (2) Keep an up-to-date codification of all rules thus published and remaining in effect. 5. shall carry out the requirements of this section under pain of disciplinary copies thereof may be obtained. recognition of any claim. expensive or otherwise inexpedient. Sec.168 annulment. .
documents and other pertinent data. papers. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record.In any contested case. the rules on contested cases Chapter 3 ADJUDICATION Sec.deputy] [Rhudz_Raymundo.acads] [Jam_Jacob. 9. (2) In the fixing of rates. invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls.secretariat] [Dionne_Sanchez.In a contested case: (1) The agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs. a certified copy thereof may be accepted. The parties shall be notified and afforded an opportunity to contest the facts so noticed. (3) In case of opposition. as far as practicable. comprise and arbitration.Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. Sec. The agency shall decide each case within 30 days following its submission. . no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least 2 weeks before the first hearing thereon. time and place of the hearing.comm_law] [Ces_Sicangco/Rowena_Romero. if any. Finality of Order. Sec. has been perfected.The decision of the agency shall become final and executory 15 days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review. 10.design] Bobbie_StaMaria. (2) It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a Lorybeth_Baldrias. Upon request. (2) Documentary evidence may be received in the form of copies or excerpts. in case of disobedience.civ_law] [Hya_Rafael/Mac_Macapagal.head] [Nayna_Malayang. if proper.(1) If not otherwise required by law. the agency shall have the power to require the attendance of witnesses or the production of books. 16. . Public Participation. The Court may punish contumacy or refusal as contempt. 11. shall be observed. an agency shall. (3) Every party shall have the right to crossexamine witnesses presented against him and to submit rebuttal evidence. publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (4) The agency may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its specialized knowledge. . which shall suspend the running of the said period. the parties shall be given opportunity to compare the copy with the original. Publication and Compilation of Decisions. every agency shall. Rules of Evidence. informal disposition may be made of any contested case by stipulation. The notice shall be served at least 5 days before the date of the hearing and shall state the date. encourage amicable settlement. or to them. the agency may.crim_law] [Vivian_Tan/Justin_Mendoza. Notice and Hearing in Contested Cases. (1) Every agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases. Compromise and Arbitration.lectures] [Japee_DeLeon. 12. Sec. If not precluded by law. 15.To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations. . 14. upon request of any party before or during the hearing upon showing of general relevance.tax_law] . Sec.poli_law] [Ascheia_Yumul. 13. If the original is in the official custody of a public officer. (2) The parties shall be given opportunity to present evidence and argument on all issues. in the public interest.169 Sec. (3) The agency shall keep an official record of its proceedings.(1) In any contested case all parties shall be entitled to notice and hearing.printing] [Miles_Malaya. . agreed settlement or default. Unless otherwise provided by law. if the original is not readily available. Decision.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio. Sec. Subpoena. . Sec. One motion for reconsideration may be filed. .rem_law] [Paul_Sorino/Judy_Ripol.
(1) When the grant. by filing with the agency which adjudicated the case a notice of appeal.deputy] [Rhudz_Raymundo. the existing license shall not expire until the application shall have been finally determined by the agency. Appeal. 23. no license may be withdrawn. transmit the records of the case to the appellate agency. Sec.The appeal shall stay the decision appealed from unless otherwise provided by law. 19. revoked or annulled without notice and hearing. Licensing Procedure. (2) If a motion for reconsideration is denied. and shall be accompanied with a true copy of the order Lorybeth_Baldrias. . 22. suspended. rules and regulations or when public security.(1) Administrative appeals under this Chapter shall be perfected within 15 days after receipt of a copy of the decision complained of by the party adversely affected. Effect of Appeal. reckoned from receipt of the resolution of denial. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review. . . the provisions concerning contested cases shall apply insofar as practicable. 17. or its officers.poli_law] [Ascheia_Yumul. (2) Any party aggrieved or adversely affected by an agency decision may seek judicial review.printing] [Miles_Malaya. and with the reviewing court a petition for review of the order. Sec. denial or cancellation of a license is required to be preceded by notice and hearing.head] [Nayna_Malayang. APPEAL IN CONTESTED (3) The agency shall. . Chapter 4 ADMINISTRATIVE CASES Sec. 20. 24. (2) Except in cases of willful violation of pertinent laws.In any contested case. receive additional evidence. Judicial Review.legal_ethics] [Lianne_Gervasio. considering the nature and circumstance of the case. . Sec. Sec. (3) The action for judicial review may be brought against the agency.acads] [Jam_Jacob. If the decision is reversed on reconsideration. or safety require otherwise.(1) Agency decisions shall be subject to judicial review in accordance with this chapter and applicable laws. Sec.civ_law] [Hya_Rafael/Mac_Macapagal. Non-expiration of License.labor_law] [Miguel_DeJesus. Finality of Decision of Appellate Agency. the aggrieved party shall have 15 days from receipt of the resolution of reversal within which to perfect his appeal.rem_law] [Paul_Sorino/Judy_Ripol. Copies of the petition shall be served upon the agency and all parties of record. and paying the required fees. Hearing Officers. the movant shall have the right to perfect his appeal during the remainder of the period for appeal. 25. Sec. upon perfection of the appeal. the decision of the appellate agency shall become final and executory 15 days after the receipt by the parties of a copy thereof.design] Bobbie_StaMaria. . 18.(1) Each agency shall have such number for the of qualified and and competent of members of the base as hearing officers as may be necessary hearing adjudication contested cases.tax_law] . or the appellate agency directs execution pending appeal. (4) Appeal from an agency decision shall be perfected by filing with the agency within 15 days from receipt of a copy thereof a notice of appeal. 21. . Perfection of Administrative Appeals. renewal. on its own initiative or upon motion. Sec.comm_law] [Ces_Sicangco/Rowena_Romero.Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature. . serving copies thereof upon the prevailing party and the appellate agency. an appeal form a final decision of the agency may be taken to the Department head. Sec. (2) No hearing officer shall engaged in the performance of prosecuting functions in any contested case or any factually related case.lectures] [Japee_DeLeon. health. and all indispensable and necessary parties as defined in the Rules of Court. Action on Appeal.secretariat] [Dionne_Sanchez.The appellate agency shall review the records of the proceedings and may. .crim_law] [Vivian_Tan/Justin_Mendoza.170 register or compilation of those decisions or final orders for use by the public.Unless otherwise provided by law or executive order. as it may deem just.
(6) The review proceeding shall be filed in the court specified by statute or. The court may require or permit subsequent correction or additions to the record. Lorybeth_Baldrias. (7) Review shall be made on the basis of the record taken as a whole. the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. the agency shall transmit to the court the original or a certified copy of the entire records of the proceeding under review.printing] [Miles_Malaya. If the motion is denied. Sec. in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court.tax_law] .rem_law] [Paul_Sorino/Judy_Ripol. by stating the specific material dates.acads] [Jam_Jacob. It the decision is reversed on reconsideration.deputy] [Rhudz_Raymundo.design] Bobbie_StaMaria.head] [Nayna_Malayang. that it was filed within the period fixed in this chapter. Transmittal of Record. The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law. (5) The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. .lectures] [Japee_DeLeon.Within 15 days from the service of the petition for review. The petition shall be under oath and shall show.labor_law] [Miguel_DeJesus.171 appealed from.civ_law] [Hya_Rafael/Mac_Macapagal. One motion for reconsideration may be allowed.secretariat] [Dionne_Sanchez. the appellant shall have 15 days from receipt of the resolution to perfect his appeal. in the absence thereof. 26.poli_law] [Ascheia_Yumul.crim_law] [Vivian_Tan/Justin_Mendoza. together with copies of such material portions of the records as are referred to therein and other supporting papers.legal_ethics] [Lianne_Gervasio. The record to be transmitted may be abridged by agreement of all parties to the proceedings.comm_law] [Ces_Sicangco/Rowena_Romero.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.