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PHILIPPINE ADMINISTRATIVE LAWChapter 1 - General ConsiderationsAdministrative Law t h a t b r a n c h o f mo d e r n l a w u n d e r which the executive department of the government, acting ina quasi-legislative

e or quasi-judicial capacity, interferes withthe conduct of the individual for the purpose of promoting thewell-being of the community.Administrative law is a recent development , being aconsequence of the ever increasing complexities of societyand the proliferation of problems of government that cannotreadily or effectively be addressed by the public agencies orsolved by other disciplines of public law.It was felt that the legislative and judicial departments nolonger had either the time or the needed expertise to attendto these new problems.Thus, the obvious solution was delegation of power .Two major powers of the administrative agency:1. Quasi-legislative authority or rule making power2. Quasi-judicial power or adjudicatory function Sources of Administrative Law Administrative law is derived from four sources or is of four(4) kinds: 1. Constitution or statutory enactments e.g. SocialSecurity Act which established the Social SecurityCommission. 2 . D e c i si o ns o f c ou rt s i n te r p re ti ng the c h ar te r s o f administrative bodies 3. Rules and regulations issued by the administrativebodies e.g. Omnibus Rules Implementing the Labor Code. 4. Determinations and orders of the administrativebodies in the settlement of controversiesAdministration Administration is understood in two senses:1. institution administration as the aggregate of individuals in whose hands the reins of government are for the time being.2. function administration as the actual running of thegovernment by the executive authorities through the enforcement of laws and implementation of policies.Government (as distinguished from administration) is theagen cy or instrumentality through which the will of the Stateis formulated, expressed and realized.

Administration Distinguished from LawLaw is impersonal command provided with sanctions to beapplied in case of violation, while Administration ispreventive rather punitive and is accepted to be morepersonal than law.Law maintains a watchful eye on those who would violate itsorder. While administration on the other hand seeks to spareindividuals from punishments of the law by persuading him toobserve its commands. Chapter 2 - Administrative AgenciesAdministrative agency a body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out the laws entrusted to it forenforcement or execution.Administrative agency may be regarded as an arm of thelegislature insofar as it is authorize to promulgate rules. Itmay also be loosely considered a court because it performsfunctions of a particular judicial character, as when it decidesfactual and sometimes even legal questions as an incident of its general power of regulation. Creation and Abolition The administrative body may be created by the Constitution or by a Statute .If created by the Constitution itself, the administrative bodycan be altered or abolished only by Constitution. But wherethe body was created only by statute, the legislature thatbreathed life into it can amend or even repeal its charter,thereby resulting in its abolition which is justified if made ingood faith. Chapter 3 - Powers of Administrative AgenciesQuasiLegislative Power the authority delegated by thelaw-making body to the administrative body to adopt rulesand regulations intended to carry out the provisions of a lawand implement legislative policy. Quasi-Judicial Power t h e p o we r o f th e a d m i n i s t r a t i ve authorities to make determinations of facts in the performance of their official duties and to apply the law asthey construe it to the facts so found. Chapter 4 - The Quasi-Legislative Power It has already been remarked that the rule-making power of the administrative body is intended to enable it to implement the policy of the

law and to provide for the more effectiveenforcement of its provisions.Through the exercise of this power of subordinate legislation,i t i s p o s s i b l e f o r t h e a d m i n i s t r a t i ve b o d y t o t r a n s mi t t h e active power of the state from its source to the point of application, that is, apply the law and so fulfill the mandateof the legislature. Kinds of Administrative Regulations (a) Legislative the administrative agency is acting in alegislative capacity, supplementing the statute, filling in thedetails, or making the law, and usually acting pursuant to aspecific delegation of legislative power.(b) Interpretative are those which purport to do no morethan interpret the statute being administered, to say what itmeans. They constitute the administrator's construction of astatute.The interpretative regulation is issued by the administrativebody as an incident to its power to enforce the law and isintended merely to clarify its provisions for proper observanceby the people.It is an elementary rule in administrative law that administrative regulations and policies enacted byadministrative bodies to interpret which they areentrusted to enforce , have the force of law, are entitled togreat respect, and have in their favor a presumpption of legality.By contrast, the legislative regulation is issued by theadministrative body pursuant to a valid delegation of legislative power and is intended to have the bindingthe force and effect of a law enacted by the legislatureitself . Classification of Legislative Regulation (a) Supplementary intended to fill in the details of thelaw and to make explicit what is only general. (b) Contingent issued upon the happening of a certaincontingency which the administrative body is given thediscretion to determine or to ascertain

somecircumstances and on the basis thereof may enforce orsuspend the operation of a law. Requisites of Administrative Regulation (a) Its promulgation must be authorized by the legislature;(b) It must be within the scope of the authority given by thelegislature;(c) It must be promulgated in accordance with the prescribedprocedure;(d) It must be reasonable. First Requisite: Promulgation Must Be Authorized bythe Legislature Authority to promulgate the regulation is usually conferred bythe Charter itself of the administrative body or by the law it issupposed to enforce.When Congress authorizes promulgation of administrativerule s and regulations to implement given legislation, all that isrequired is that the regulation be not in contravention with it,but to conform to the standards that the law prescribes. S e c o nd R e q ui si te : R e g u l at i on M u s t B e W i t hi n the Scope of the Authority Given by the Legislature Assuming a valid authorization, it is still necessary that theregulation promulgated must not be ultra vires or beyond theauthority conferred. Third Requisite: Regulation Must Be Promulgated inAccordance with the Prescribed Procedure As in the enactment of laws, the promulgation of administrative regulations of general application does notrequire previous notice and hearing, the only exception beingwhere the legislature itself requires it . In the absence of such a requirement, the administrative body can promulgate theregulation in its exclusive discretion.B u t wh e r e t h e r e g u l a t i o n i s i n e f f e c t a s e t t l e me n t o f a controversy between specific parties, it is considered anadministrative adjudica tion and so will require notice andhearing.As for publication, the applicable rule is now found inExecutive Order No. 200 which provides that laws shall takeeffect after fifteen (15) days following the completion of theirpublication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwiseprovided.Interpretative regulations and those merely internal in nature,that is, regulating only the personnel of the administrativeagency and not the public, need not be published.Publication must be in full or it is no publication at all since

itspurpose is to inform the public of the contents of the law.The Supreme Court, it would seem, requires publication of theadministrative regulation only if it is of general applicationand penal in nature. Fourth Requisite: Regulation Must Be Reasonable Like statutes, administrative regulations promulgatedt h e r e u n d e r mu s t n o t b e u n r e a s o n a b l e o r a r b i t r a r y a s t o violate due process. Penal Regulations The power to define and punish crime is exclusively legislativeand may not be delegated to the administrative authorities.While administrative regulations may have the force ande f f e c t o f l a w, t h e i r vi o l a t i o n c a n n o t g i ve r i s e t o c r i m i n a l prosecution unless the legislature makes such violationpunishable and imposes the corresponding sanctions. Special requisites of a valid administrative regulationwith a penal sanction: (a) The law itself must make violation of the administrativeregulation punishable;(b) The law itself must impose and specify the penalty for theviolation of the regulation;(c) The regulation must be published. Construction and Interpretation Regulation should be read in harmony with the statute andnot in violation of the authority conferred on theadministrative authorities.The administrative regulation that contravenes the statute is,of course, invalid. Enforcement It is established that the power to promulgate administrativeregulations carries with it the implied power to enforce them.This may be effected through judicial action or throughsanctions that the statute itself may allow the administrativebody to impose. Amendment or Repeal Like the statute, the administrative regulation promulgatedthereunder is subject to amendment or repeal by theauthorities that promulgated them in the first place. Of course, it may be changed directly by the legislature. Chapter 5 - The Quasi-Judicial PowerQuasi-judicial power is the power of the administrativeagency to determine questions of fact to which the legislativepolicy is to apply, in accordance with the standards laid downby the law itself.The proper exercise of the quasi-judicial power requirescompliance with two conditions, to wit:(1) Jurisdiction must be properly acquired by theadministrative

body(2) Due process must be observed in the conduct of theproceedings A. Jurisdiction Jurisdiction may be simply defined as the competence of an office or body to act on a given matter or decide a certainquestion.Without jurisdiction, the determination made by theadministrative bodies are absolutely null and without anylegal effect whatsoever.It is the legislature that has the power to confer jurisdictionu p o n t h e a d m i n i s t r a t i ve b o d y a n d s o l i m i t o r e xp a n d i t s authority.I t c a n b e s a i d t h a t e a c h a d m i n i s t r a t i ve b o d y h a s i t s o wn p e c u l i a r j u r i s d i c t i o n a s c o n f e r r e d u p o n i t b y t h e s p e c i f i c provisions of its charter.The law may allow some administrative bodies to awardcertain kinds of damages while denying the same power, forno apparent reason, to other administrative bodies.For example, the SEC and NLRC are allowed to awarddamages virtually to the same extent as a court of justice.Yet similar authority has not been conferred by its charter toNTC.It is a well-settled principle that unless expressly empowered,administrative agencies are bereft of quasi-judicial power. 1. Rules of Procedure Where an administrative body is expressly granted the powerof adjudication, it is deemed also vested with the impliedpower to precribe the rules to be observed in the conduct of its proceedings.But to be valid, the rules must not violate fundamental rightsor encroach upon constitutional prerogatives. 2. The Subpoena Power The power to issue subpoena and subpoena duces tecum isnot inherent in administrative bodies.It is settled that administrative bodies may summon witnessesand require the production of evidence only when dulyallowed by law, and always only in connection with the matterthey are authorized to investigate. Unless otherwise providedby law, the agency may, in case of disobedience, invoke thea i d o r Re g i o n a l Tr i a l Co u r t wi t h i n wh o s e j u r i s d i c t i o n t h e co ntested case falls. The Court may punish customacy orrefusal as contempt.The Supreme Court distinguished between the power toinvestigate and the power to adjudicate:The purpose of investigation, of course, is to discover, tofinnd out, to learn, obtain information. Nowhere included orintimated is the notion of settling, deciding or resolving acontroversy involve in the facts inquired into by application

of the law x x.In the legal sense, adjudicate means to settle in theexercise of judicial authority x x. Adjudge x x implies ajudicial determination of a fact, and the entry of judgment. 3. The Contempt Power Like the subpoena power, the power to punish for contempt isessentially judicial and cannot be claimed as an inherent rightby the administrative body.To be validly exercised, it must be expressly conferred uponthe body and, additionally, must be used only in connectionwith its quasi-judicial as distinguished from its purelyadministrative or routinary functions.As a rule, where, say, a subpoena of the administrative bodyis disregarded, the person summoned may not be directlyd i s c i p l i n e b y t h a t b o d y. T h e p r o p e r r e me d y i d f o r t h e administrative body to seek assistance of the courts of justicefor the enforcement of its order.The power to hold in contempt must be exercised not on thevindictive, but on the preservative principle. B. Notice and Hearing The right to notice and hearing is essential to due process andits non-observance will as a rule invalidate the administrativep r o c e e d i n g s . P e r s o n s a r e e n t i t l e d t o b e n o t i f i e d o f a n ypending case affecting their interests so that, if they arem i n d e d , t h e y ma y c l a i m t h e r i g h t t o a p p e a r t h e r e i n a n d present their side or refute the position of opposing parties.Nevertheless, there are instances when notice and hearingcan validly be omitted. Among the justifications for suchomissions are the urgency of immediate action (which doesnot preclude the enjoyment of the right at a later time withoutprejudice to the person affected) and the fact that the righthad previously been offered but not claimed. 1. Administrative Due Process While administrative determinations of contested case are bytheir nature judicial, there is no requirement for strictadherence to technical rules as are observed in truly judicialproceedings.It is a general rule that they are unrestricted by the technicalor formal rules of procedure which govern trials before a court. This rule is applied to questions of evidence, pleadingand other matters.Nevertheless, it is essential that due process must beobserved, for the requirements of fair play are not applicableto judicial proceedings only.Cardinal rights or principles to be observed in administrativeproceedings:a . t h e f i r s t o f t h e s e r i g h t s i s t h e r i g h t t o a hearing;b . t h e t r i b u n a l m u s t c o n s i d e r

t h e e v i d e n c e presented;c . t h e t r i b u n a l m u s t h a ve s o me t h i n g t o s u p p o r t i t s decision;d . e v i d e n c e m u s t b e s u b s t a n t i a l e v i d e n c e relevant evidence that a reasonable mind may accept asadequate to support a conclusione . t h e d e c i s i o n m u s t b e r e n d e r e d o n t h e e vi d e n c e pres ented at the hearing, or at least contained in therecord and disclosed to the parties; f. the court must act on its or their ownindependent consideration of the law and facts of controversy, and not simply accept the views of asubordinate in arriving at a decision; g. the court should render its decision in such amanner that the parties to the proceeding can know thevarious issues involved, and the reasons for the decisionsrenderedIt is basic to due process that the tribunal considering theadministrative question be impartial, to ensure a fair decision.The law does not require another notice and hearing for areview of the decision of the board.In M.F. Violago Oiler Tank Trucks vs. NLRC, there was nodenial of due process where the petitioners received notice of the scheduled investigation the day before said date of thehearing or investigation but failed to present evidence. Onthe other hand, there was clearly such a denial where itappears that a decision rendered against a person who wasnot a party to or even notified of the proceedings taken beforea labor arbiter. C. Administrative Appeals and review Unless otherwise provided by law or executive order, anappeal from a final decision of the administrative agency maybe taken to the department head, whose decision may furtherbe brought to the regular courts of justice, in accordance withthe procedure specified by law. D. Enforcement of Decision In the absence of any statute providing for the enforcement of an administrative determination, the same cannot beenforced except possibly by appeal to the force of publicopinion.Usually, however, the administrative body is allowed certainsanctions that it may impose directly for the enforcement of its own decisions, i.e. revocation of or refusal to renewlicenses, destruction of unlawful articles, summary closure of stores, refusal to grant clearances, issuance of cease anddesist orders, detention and deportation of aliens, andimposition of fines.Significantly, many administrative bodies, such as the SECa n d t h e N L R C, h a ve b e e n ve s t e d wi t h a u t h o r i t y t o g r a n t provisional reliefs, such as writs of preliminary attachment orinjunction, intended to ensure

the enforcement of theiradjudications.It is established that administrative agencies who have notbeen conferred the power to enforce their quasijudicialdecisions may invoke court action for the purpose. E. Res Judicata The general rule is that an administrative decision is notconsidered res judicata s o a s t o p r e c l u d e i t s s u b s e q u e n t reconsideration or revocation. Decisions of the previousincumbents of the administrative body may be modified orreversed by their successors in the exercise of their ownpowers of adjudication.Where the administrative decision has been affirmed by acourt decision, the doctrine of res judicata is applicable. Theeffect of res judicata a t t a c h e s t o t h e j u d g m e n t o f t h e reviewing court rather than to the administrative judgment.This rule has however been modified in this jurisdiction.It is now well-settled in our jurisprudence that the decisionsand orders of administrative agencies, rendered pursuant totheir quasijudicial authority, have upon their finality, theforce and binding effect of a final judgment within the purviewof the doctrine of res judicata.This principle is, however, not applicable to all administrativeproceedings, such proceedings that are non-litigious andsummary in nature without regard to legal technicalitiesobtaining in courts of law. Chapter 6 - Judicial ReviewGeneral Rules An administrative decision may be appealed to the courts of justice only if the Constitution or the law permits it or if thequestion to be reviewed is a question of law.However, jurisprudence is replete with cases where theSupreme Court has applied the exceptions rather than therule.In the case of the constitutional commission, i.e., theCommission on Elections, the Commission on Audit, and theCivil Service Commission, it is provided that any decisionorder or ruling of each Commission may be brought to theSupreme Court on certiorari by the aggrieved party within 30days from receipt of a copy thereof.On the basis of Sec. 16 of the Interim Rules and Guidelineimplementing Sec. 9 (3) of BP Blg. 129, the Court of Appealsmay review final decisions, orders, awards or resolutions orregional trial courts and of all quasi-judicial bodies, except theCommission on Elections, the Commission on Audit, theSandiganbayan, and decisions issued under the Labor Code of the Philippines and by the Central Board of AssessmentAppeals.Other appeals are prescribed by special laws, such as RA No.1125, providing for appeal to the Court of Tax Appeals of

anydecision rendered by the Commissioner of Internal Revenue,the Commissioner of Customs, or any provincial or city boardof assessment appeals. Methods of review The methods of judicial review are prescribed by theCo n s t i t u t i o n , s t a t u t e s o r t h e R u l e s o f t h e C o u r t . T h e s e methods may be specific or general.I t i s p r o vi d e d i n RA No . 5 4 3 4 t h a t a n a p p e a l f r o m a f i n a l award, order or decisions of the Patent Office shall be takenby filing with said body and with the Court of Appeals a noticeof appeal within 15 days from notice of such award, order orruling, copies being served on all interested parties.The Administrative Code generally provides that an appealfrom an agency decision shall be perfected by filing with theagency within 15 days from receipt of a copy thereof a noticeof appeal, and with the reviewing court a petition for review of the order. Copies of the petition shall be served upon theagency and all parties of record.The petition shall contain a concise statement of the issuesinvolved and the grounds relied upon for the review, and shallbe accompanied with a true copy of the order appealed from,together with copies of such material portions of the recordsas are referred to therein and other supporting papers.The Supreme Court instructed certain universally acceptedaxioms governing judicial review through the extraordinaryactions of certiorari or prohibition of determinations of administrative officers or agencies:First, before said actions may be entertained, it must beshown that all the administrative remedies prescribed by lawor ordinance have been exhausted; and,Second, that the administrative decision may properly bea n n u l l e d o r s e t a s i d e o n l y u p o n a c l e a r s h o wi n g t h a t t h e administrative official or tribunal has acted without or inexcess of jurisdiction, or with a grave abuse of discretion. Doctrine of Primary Jurisdiction or Prior Resort There are two doctrines that must be considered inconnection with the judicial review of administrativedecisio ns:(1) doctrine of primary jurisdiction or prior resort;and (2) the doctrine of exhaustion of administrativeremedies.The doctrine of primary jurisdiction s imply calls for thedetermination of administrative questions, whichordinarily questions of fact, by administrative agenciesrather courts of justice.

If the case is such that its determination requires theexpertise, specialized skills and knowledge of the properadministr ative bodies because technical matters or intricateq u e s t i o n s o f f a c t s a r e i n vo l ve d , t h e n r e l i e f mu s t f i r s t b e obtained in an administrative proceeding before a remedy willbe supplied by the courts even though the matter is within theproper jurisdiction of the court Doctrine of Exhaustion of Administrative Remedies Under the doctrine of exhaustion of administrativeremedies , a n a d m in i s t r a t ive d e c is i on m u s t f ir s t b e a p p e a l e d t o t h e a d m in is t r a t ive s u p e r io r u p t o t h e highest level before it may be elevated to a court of justice for review . A. Reasons (a) The administrative superiors, if given the opportunity,can correct the errors committed by their subordinates;(b) Courts should as much as possible refrain fromdisturbing the findings of administrative bodies indeference to the doctrine of separation of powers;(c) On practical grounds, it is best that the courts shouldnot be saddled with the review of administrative cases;(d) Judicial review of administrative cases is usuallyeffected through the special civil actions of certiorari,mandamus and prohibition, which are available only if there is no other plain, speedy and adequate remedy. B. Exceptions (a) When the question raised is purely legal (question of lawis involved);(b) When the administrative body is estoppel;(c) When the act com plained of is patently illegal;(d) When there is urgent need for judicial intervention;(e) When the claim involved is small;(f) When irreparable damage will be suffered;( g ) W h e n there is no other plain, speedy and a d e q u a t e remedy;(h) When strong public interest is involved;(i) When the subject of the controversy is private land;(j) In quo warranto proceeding s C. Appeal to the President Of special interest is the question of whether or not a decisiono f t h e c a b i n e t m e m b e r h a s t o b e a p p e a l e d f i r s t t o t h e P r e s i d e n t b e f o r e i t ma y b e b r o u g h t t o a c o u r t o f j u s t i c e . Jurisprudence on this matter is rather indecisive.In the early case of demaisip vs. Court of Appeals, the Courtheld

that appeal to the President was not necessary becausethe Cabinet member was after all his alter ego and, under thedoctrine of qualified political agency, the acts of the secretarywere the acts of the President.This view was abandoned in Calo vs. Fuertes, where it washeld that appeal to the President was the final step in theadministrative process and therefore a condition precedent toappeal to the courts.In Bartulata vs. Peralta, however, the court reinstated theDem aisip doctrine, again on the basis of alter ego justification.Tan vs. Director of Forestry, thereafter revived Calo andagainr e q u i r e d a p p e a l t o t h e P r e s i d e n t a s a p r e r e q u i s i t e t o a n appeal of a Cabinet member's decision to the courts of Justice. D. Effect of Non-compliance The failure to exhaust administrative remedies does not affectthe jurisdiction of the court and merely results in the lack of acause of action which may be invoked in a motion to dismiss.If this ground to dismiss the court action is not properly orreasonably invoked, the court may proceed to hear the case.As previously noted, the court has the discretion to requirethe observance of the doctrine of exhaustion of administrativeremedies and may, if it sees fit, dispense with it and proceedwith the disposition of the case. Questions Reviewable Two kinds of questions are reviewable by the courts of justice,to wit: the question of fact and the question of law .On the question of fact , review of the administrative decisionlies in the discretion of the legislature, which may or may notpermit it as it sees fit.But when it comes to the question of law , the administrativedecision may be appealed to the courts of justiceindependently of legislative permission or even againstlegislative prohibition. The reason is that the judiciary cannotbe deprived of its inherent power to review all decisions onquestions of law, whether made initially by lower courts andmore so by an administrative body. A. Questions of fact Even if allowed to review administrative decisions onquestions of fact, courts of justice generally defer to suchdecisions and will decline to disturb them except only wherethere is

a clear showing of arbitrariness or grave abuse of discretion.The Supreme Court ruled in Osias Academy vs. DOLE that findings of administrative agencies which haveacquired expertise because their jurisdiction isconfined to specific matters are generally accorded not only respect but finality. B. Questions of Law Administrative bodies may be allowed to resolve questions of l a w i n t h e e xe r c i s e o f t h e i r q u a s i j u d i c i a l f u n c t i o n a s a n incident of their primary power of regulation.However as a rule, it is only the judicial tribunal that caninterpret and decid the question of law with finality. Powers of Administrative Bodies Administrative agencies possess both quasi-legislativeand quasijudicial powers. The former pertains to the rule-makingpower while the latter pertains to the adjudicatory power. Rulem a k i n g p o we r r e f e r s t o t h e p o we r t o p r o mu l g a t e r u l e s a n d regulations in implementing a specific law while the adjudicatorypower refers to the power to make determinations and decisionswh i c h a r e e s s e n t i a l l y j u d i c i a l i n n a t u r e b u t i n c i d e n t a l t o t h e primary task in implementing laws.T h e q u a s i l e g i s l a t i ve f u n c t i o n i s t h e p o we r t o a d o p t rules. It is one of the many functions that the legislative branch of the government may delegate to administrative agencies. In aSeparate Opinion written by former Supreme Court Justice JosueBellosillo in Commissioner of Internal Revenue vs. Court of Appeals, quasi-legislative power is defined as: the power tomake rules and regulations which results in delegated legislationthat is within the confines of the granting statute and the doctrineof non-delegability and separability of powers.The quasijudicial power is the power of theadministrative agency to determine questions of fact to which thelegislative policy is to apply in accordance with the standards laidd o wn b y t h e l a w i t s e l f . I t i s o f t e n r e f e r r e d t o a s t h e p o we r o f administrative adjudication. It is the power of an administrativeagency to hear and determine, or to ascertain facts and decide bythe application of rules to the ascertained facts. By this power,administrative authorities are enabled to interpret and apply

notonly implementing rules and regulations promulgated by them butalso the laws entrusted to their administration. DETERMINATIVE POWERS 1. Enabling Powers those that permit the doing of an actwhich the law undertakes to regulate and which would beunlawful without government approval. 2. Directing Powers o r d e r t h e d o i n g o r p e r f o r m a n c e o f particular acts to ensure compliance with the law and areoften exercised for corrective purposes. a. D i s p e n si ng P ow e r allows the administrativeofficer to relax the general operation of a law orexempt from the performance of a general duty. b. Summary Power are those involving the use byadministrative authorities of force upon persons orthings without the necessity of previous judicialwarrant. c. E xam i n i ng P ow e r e n a b l e s i t t o i n s p e c t t h e records and premises, and investigate the activitiesof persons or entities coming under itsjurisdiction. Examples are issuance of subpoenas,swearing in of witnesses, interrogation of witnessesor inspection of premises. It also allowsadministrative agencies to actually conducthearings, issue writs of preliminary injunction andeven punish contempt, in relation to its broad powerof investigation and examination. It also pertains tovisitorial power. Kinds of Administrative Rules and RegulationsKinds of Administrative Regulations (a) Legislative t h e a d m i n i s t r a t i ve a g e n c y i s a c t i n g i n a legislative capacity, supplementing the statute, filling in thedetails, or making the law, and usually acting pursuant to aspecific delegation of legislative power.(b) Interpretative

are those which purport to do no more thaninterpret the statute being administered, to say what it means.They constitute the administrator's construction of a statute.The interpretative regulation is issued by the administrative bodyas an incident to its power to enforce the law and is intendedm e r e l y t o c l a r i f y i t s p r o vi s i o n s f o r p r o p e r o b s e r va n c e b y t h e people.It is an elementary rule in administrative law that administrativeregulations and policies enacted by administrative bodiesto interpret which they are entrusted to enforce , have theforce of law, are entitled to great respect, and have in their favora presumpption of legality.By contrast, the l e g i sl a ti v e re g ul at i o n i s i ss ue d b y t he ad m i ni s tr at i v e b od y p ur su a nt t o a v al i d d e l e g at i o n o f legislati ve power and is intended to have the binding theforce and effect of a law enacted by the legislature itself . Classification of Legislative Regulation (c) Supplementary intended to fill in the details of the lawand to make explicit what is only general. (d) Contingent issued upon the h a p p e n i n g o f a c e r t a i n contingency which the administrative body is given thediscretion to determine or to ascertain some circumstancesa n d o n t h e b a s i s t h e r e o f ma y e n f o r c e o r s u s p e n d t h e operation of a law. 1. SUPPLEMENTARY or DETAILED LEGISLATION They are rulesa n d r e g u l a t i o n s t o f i x t h e d e t a i l s i n t h e e xe c u t i o n a n d enforcement of a policy set out in the law. The legislative ruleis in the nature of subordinate legislation, designed toimplement a primary legislation by providing the detailsthereof. In the same way that laws must have the benefit of public hearing, it is generally required that before alegislative rule is adopted there must be hearing. 2.

INTERPRETATIVE LEGISLATION They are rules andregulations construing or interpreting the provisions of astatute to be enforced and they are binding on all concerneduntil they are changed, They have the effect of law and aree n t i t l e d t o g r e a t r e s p e c t . T h e y h a ve i n t h e i r f a vo r t h e presu mption of legality. The inquiry is not into the validity butinto the correctness or propriety rule. As a matter of powerwhen confronted with interpretative rule, is free to a. Give the force of law to the rule.b. Go to the opposit e e x t r e m e a n d s u b s t i t u t e i t s judgment.c . G i ve s o me i n t e r m e d i a t e d e g r e e o f a u t h o r i t a t i ve weight to the interpretative rule. 3. CONTINGENT LEGISLATION they are rules and regulationsmade by an administrative authority on the existence of certain facts or things upon which the enforcement of the lawdepends. It is issued upon the happening of a certaincontingency which the administrative body is given thediscretion to determine or to ascertain, under and pursuantto the law, some circumstances on which the law, by its ownterms, makes its own action depend, or to find the facts orconditions properly prescribe under which a law as passedwill or will not operate, that is, for putting in effect, applyingor suspending a law. Administrative Rules with Penal Sanctions The power to define and punish crime is exclusively legislativeand may not be delegated to the administrative authorities. Whileadministrative regulations may have the force and effect of law,their violation cannot give rise to criminal prosecution unless thelegislature makes such violation punishable and imposes thecorresponding sanctions. Special requisites of a valid administrative regulation witha penal sanction: ( a ) Th e l a w i t s e l f mu s t ma k e vi o l a t i o n o f t h e a d m i n i s t r a t i ve regulation punishable;(b) The law itself must impose and specify the penalty for theviolation of the regulation;(c) The regulation must be published. Proper exercise of Quasi-judicial power 1. Jurisdiction must be properly exercised by the administrativebody.2. Due process must be observed in the conduct of theproceedings. Doctrine of Necessary Implication N o s t a t u t e c a n b e e n a c t e d t h a t c a n p r o vi d e a l l t h e details involved in its application. There is always an omission thatmay not meet a particular situation. What is thought, at the timeof enactment, to be an all-

embracing legislation may beinadequate to provide for the unfolding events of the future.So-called gaps in the law develop as the law is enforced.One of the rules of statutory construction used to fill in the gap ist h e d o c t r i n e o f n e c e s s a r y i mp l i c a t i o n . . . . E ve r y s t a t u t e i s understood, by implication, to contain all such provisions as maybe necessary to effectuate its object and purpose, or to makeeffective rights, powers, privileges or jurisdiction which it grants,including all such collateral and subsidiary consequences as maybe fairly and logically inferred from its terms. Contempt Power of Administrative Agencies L i k e t h e s u b p o e n a p o we r , t h e p o we r t o p u n i s h forcontempt is essentially judicial and cannot be claimed as a n inherent right by the administrative body. To be validly exercised,it must be expressly conferred upon the body and, additionally,must be used only in connection with its quasi-judicial asdistinguished from its purely administrative or routinary functions.As a rule, where, say, a subpoena of the administrative body isdisregarded, the person summoned may not be directly disciplineby that body. The proper remedy is for the administrative body toseek assistance of the courts of justice for the enforcement of itsorder. The power to hold in contempt must be exercised not onthe vindictive, but on the preservative principle. Administrative Due Process While administrative determinations of contested caseare by their nature judicial, there is no requirement for strictadherence to technical rules as are observed in truly judicialproceedings.I t i s a g e n e r a l r u l e th a t t h e y a r e u n r e s t r i c t e d b y t h e technical or formal rules of procedure which govern trials before acourt. This rule is applied to questions of evidence, pleading andother matters.Nevertheless, it is essential that due process must beobserved, for the requirements of fair play are not applicable tojudicial proceedings only. Cardinal rights or principles to be observed in administrativeproceedings:h . t h e f i r s t o f t h e s e r i g h t s i s t h e r i g h t t o a h e a r i n g ; i . t h e t r i b u n a l mu s t c o n s i d e r t h e e vi d e n c e p r e s e n t e d ; j . t h e t r i b u n a l m u s t h a v e s o m e t h i n g t o s u p p o r t i t s decision;k . e v i d e n c e m u s t b e s u b s t a n t i a l e v i d e n c e r e l e v a n t evidence that a reasonable mind may accept as adequate tosupport a

conclusionl . t h e d e c i s i o n m u s t b e r e n d e r e d o n t h e e v i d e n c e presented at the hearing, or at least contained in the recordand disclosed to the parties;m. t h e c o u r t m u s t a c t o n i t s o r t h e i r o wn i n d e p e n d e n t co nsideration of the law and facts of controversy, and notsimply accept the views of a subordinate in arriving at adecision;n . t h e c o u r t s h o u l d r e n d e r i t s d e c i s i o n i n s u c h a ma n n e r t h a t t h e p a r t i e s t o t h e p r o c e e d i n g c a n k n o w t h e various issues involved, and the reasons for the decisionsrenderedI t i s b a s i c t o d u e p r o c e s s t h a t t h e t r i b u n a l c o n s i d e r i n g t h e administrative question be impartial, to ensure a fair decision. Thelaw does not require another notice and hearing for a review of the decision of the board. Enforcement of Administrative Decisions In the absence of any statute providing for theenforcement of an administrative determination, the same cannotb e e n f o r c e d e xc e p t possibly by appeal to the force o f p u b l i c opinion.Usually, however, the administrative body is allow edcertain sanctions that it may impose directly for the enforcemento f i t s o wn d e c i s i o n s , i . e . r e vo c a t i o n o f o r r e f u s a l t o r e n e w licenses, destruction of unlawful articles, summary closure of stores, refusal to grant clearances, issuance of cease and desistorders, detention and deportation of aliens, and imposition of fines.Significantly, many administrative bodies, such as theS E C a n d t h e N L R C, h a ve b e e n ve s t e d wi t h a u t h o r i t y t o g r a n t provisional reliefs, such as writs of preliminary attachment orinjunction, intended to ensure the enforcement of theiradjudications.It is established that administrative agencies who haven o t b e e n c o n f e r r e d t h e p o we r t o e n f o r c e t h e i r q u a s i j u d i c i a l decisions may invoke court action for the purpose. Doctrine of Res Judicata T h e g e n e r a l r u l e i s t h a t a n a d m i n i s t r a t i ve d e c i s i o n i s n o t cons idered res judicata so as to preclude its subsequentreconsideration or revocation. Decisions of the previousincumb ents of the administrative body may be modified orreversed by their successors in the exercise of their own powersof adjudication.Where the

administrative decision has been affirmed bya court decision, the doctrine of res judicata is applicable. Theeffect of res judicata attaches to the judgment of the reviewingcourt rather than to the administrative judgment. This rule hashowever been modified in this jurisdiction.I t i s n o w we l l s e t t l e d i n o u r j u r i s p r u d e n c e t h a t t h e decisions and orders of administrative agencies, renderedpursuant to their quasi-judicial authority, have upon their finality,the force and binding effect of a final judgment within the purviewof the doctrine of res judicata.This principle is, however, not applicable to alladministrative proceedings, such proceedings that are non-litigious and summary in nature without regard to legaltechnicalities obtaining in courts of law. Doctrine of Prior Resort / Primary Jurisdiction There are two doctrines that must be considered in connectionwith the judicial review of administrative decisions: (1) doctrine of primary jurisdiction or prior resort; and (2) the doctrine of exhaustion of administrative remedies.The doctrine of primary jurisdiction s imply calls for thedetermination of administrative questions, which ordinarily questions of fact, by administrative agencies rather courts of justice. If the case is such that its determination requires theexpertise, specialized skills and knowledge of the properadministrative bodies because technical matters or intricatequestions of facts are involved, then relief must first be obtainedin an administrative proceeding before a remedy will be suppliedb y t h e c o u r t s e ve n t h o u g h t h e ma t t e r i s wi t h i n t h e p r o p e r jurisdiction of the court. Doctrine of Exhaustion of Administrative Remedies and theExceptions The doctrine of exhaustion of administrative remediesprovides that no one is entitled to judicial relief for a supposed orthreatened injury until the prescribed statutory administrativeremedy has been exhausted; the Supreme court has repeatedlyheld that failure to exhaust administrative remedies is grounds fordismissal; exhaustion of remedies is not required, however, whereit would be futile to do so.Basic is the rule which has been consistently held by thisCourt in a long line of cases that "before a party is allowed to seekthe intervention of the court, it is a pre-condition that he shouldhave availed of all the means of administrative processes affordedhim. Hence, if a remedy within the administrative machinery canstill be resorted to by giving the administrative

officer concernedevery opportunity to decide on a matter that comes within hisjurisdiction, then such remedy should be exhausted first beforethe court's judicial power can be sought. The prematureinvocation of court's intervention is fatal to one's cause of action.[Union Bank vs Court of Appeals, 290 SCRA 198]Under the doctrine of exhaustion of administrativeremedies, an administrative decision must first be appealed to theadministrative superior up to the highest level before it may beelevated to a court of justice for review .A. Reasons(e) The administrative superiors, if given the opportunity, cancorrect the errors committed by their subordinates;(f) Courts should as much as possible refrain from disturbingthe findings of administrative bodies in deference to thedoctrine of separation of powers;(g) On practical grounds, it is best that the courts should not besaddled with the review of administrative cases;(h) Judicial review of administrative cases is usually effectedthrough the special civil actions of certiorari, mandamusand prohibition, which are available only if there is no otherplain, speedy and adequate remedy.B. Exceptions(k) When the question raised is purely legal (question of law isinvolved);(l) When the administrative body is estoppel;(m) When the act complained of is patently illegal;(n) When there is urgent need for judicial intervention;(o) When the claim involved is small;(p) When irreparable damage will be suffered;(q) When there is no other plain, speedy and adequate remedy;(r) When strong public interest is involved;(s) When the su bject of the controversy is private land;( t ) I n q u o wa r r a n t o p r o c e e d i n g s Doctrine of Finality of Administrative Actions N o r e s o r t t o t h e c o u r t s w i l l b e a l l o w e d u n l e s s t h e administ rative action has been completed and there is nothing leftto be done in the administrative structure.I n t h e c a s e o f SSS Employees Association v. Bathan-Velasco, because the petitioner did not take an appeal from theorder of the Director, Bureau of Labor Relations, to the Secretaryof Labor and Employment, but went directly to court, it was heldthat the court action was prematurely and the petitioner failed toexhaust administrative remedies.The doctrine of exhaustion of administrative remedies ismerely one aspect of the broader doctrine which requires finaladministrative action as

prerequisite of judicial review. In general,the two principles are applied in situations in which a like resultcould be reached. However, in a few instances the doctrine of exhaustion of remedy may not be available in a particular court,but the lack of finality of administrative action may yet be urged.the principle of finality of administrative action is thus broader inscope and application than the doctrine of exhaustion of administrative remedies.In, Zabat v. Court of Appeals , A party aggrieved mustnot merely initiate the prescribed administrative procedure toobtain relief, but must also pursue it to its appropriate conclusionbefore seeking judicial intervention in order to give thatadministrative agency an opportunity to decide the matter byitself correctly and prevent unnecessary and premature resort tothe courts Public Office and Public Officers Public Office - Right, authority, duty, created and conferred bylaw, by which for a given period, either fixed by law or enduring atthe pleasure of the creating power, an individual is invested withsome sovereign power of government to be exercised by him forthe benefit of the people.Elements: 1. created bylaw or by authority of law 2. possess a delegation of a portion of the sovereign powers of government, to be exercised for the benefit of the public 3. powers conferred and duties imposed must be defined by thelegislature or by legislative authority 4. duties must be performed independently and without controlof the superior power UNLESS they be those of an inferior orsubordinate officer created or authorized by the legislatureand placed under the general control of a superior officer orbody 5. permanence or continuityCreation:1 . Co n s t i t u t i o n 2. statutory enactment3 . a u t h o r i t y of law Public Officer

A r t i c l e 2 0 3 . a n y p e r s o n wh o , b y d i r e c t p r o vi s i o n o f l a w, popula r election or appointment by competent authority shall takepart in the performance of public functions in the Government; orshall perform in said Government public duties as an employee,agent, or subordinate official of any rank or class, shall be deemedto be a public officer. RA 3019. includes elective and appointive officials andemployees, permanent or temporary whether in the classified,unclassified or exempt servic es, receiving compensation, evennominal from the government.Read:Phil. Association of Service Exporters vs. Torres. 212SCRA 298Philsa International Replacement and Services Corp vs.Sec of Labor, G.R. No. 103144. April 4, 2001.Read:Piclaro vs. Sandiganbayan G.R. No. 110544. October 16,1995Azarcon vs. Sandiganbayan. 268 SCRA 747Read:Rodriguez vs. Tan. 91 Phil 724.Monroy vs. Court of Appeals. 20 SCRA 620.Malaluan vs. COMELEC G.R. No. 120193. March 6, 1996. PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) I. GENERAL PRINCIPLES Administrative Law - Branch of public law which:

Fixes the organization

Determines the competence of administrative authorities

Indicates to the individual remedies for the violation of his rights.Kinds 1. Statutes 2. Rules, regulations or orders 3. Determinations, decisions and orders

4. Body of doctrines and decisionsAdministration1. as a Function the execution, in non-judicial matters, of the law or will of theState as expressed by competent authority2. as an Organization group or aggregate of persons in whose hand the reins of government are for the time being.Kinds1. Internal legal side of public administration2. External deals with problems of government regulationAdministrative Bodies or AgenciesOrgan of government which affects the rights of private parties either throughadjudication or rule-making.Creation1. constitutional provision2. legislative enactment3. authority of lawCriterion

primarily regulatory

on its rule-making authority it is administrative when it does nothave discretion to determine what the law shall be but merelyprescribes details for the enforcement of the law.Types1. offering some gratuity, grant or special privilege2. carry on certain of the actual business of the government3.

performing some business service for the public4. regulate business affected with public interest5. regulate private business and individuals, pursuant to police power6. adjust individual controversies because of strong social policy involved7. make the government a private partyII. POWER OF ADMINSITRATIVE BODIES PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) Powers of Administrative Bodies1. Quasi-legislative or rule-making power2. Quasi-judicial or adjudicatory3. DeterminativeQuasi-Legislative Power

Exercise of delegated legislative power

Involves no discretion as to what the law shall be

Fix the details in the execution or enforcement of a policy

Rules and regulations issued by administrative authorities pursuant topowers delegated to them have the force and effect of law o They are binding on all persons subject to them o Courts will take judicial notice

Letters of Instructions and Eos are presidential issuances; one may repealor alter, modify or amend the other, depending on which comes later.

The function of promulgating rules and regulations may be legitimatelyexercised only for the purpose of carrying out the provisions of the lawinto effect.

Administrative regulations cannot extend the law or amend a legislativeenactment.

Administrative regulations must be in harmony with the provisions of law.It must not override, but must remain consistent with the law they seek toapply and implement.

Administrative agency has no discretion whether or not to implement alaw. Its duty is to enforce the law.

Administrative order is an ordinance issued by the President which relatesto specific aspects in the administrative operation of Government.Kinds of Administrative Rules or Regulations1. Supplementary or Detailed Legislation

Fix the details in the execution and enforcement of a policy set out in thelaw.2. Interpretative Legislation

Construe or interpret the provisions of a statute to be enforced

Binding on all concerned until they are changed

Effect of law and are entitled to respect

Have in their favor presumption of legality

Erroneous application of the law by public officers does not barsubsequent correct application of the law3. Contingent Legislation

Made on the existence of certain facts or things upon which theenforcement of law depends.Requisites for Validity1. Issued under authority of law2 PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) 2. Within the scope and purview of the law3. Reasonable4. Publication in the OG or in a newspaper of general circulation

Interpretative rules and regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be followed by theirsubordinates in the performance of their duties may simply be POSTED inCONSPICUOUS PLACES in the AGENCY. DOLE Department Order and POEA Memorandum Circulars properpublication + filing in the Office of the National Administrative Register(Article 5 of LC)Administrative Rules with Penal Sanctions (additional requisites)1. law itself must declare as punishable the violation of the administrative rule orregulation2. law should define or fix the penalty for the violation of the administrative rule orregulationNecessity for Notice and Hearing

NO constitutional requirement for a hearing:1. promulgation of a general regulation2. rule is procedural3. merely legal opinions4. substantive rules where the class to be affected is large and thequestions to be resolved involve the use of discretion committedto the rule-making body

Hearing Requirement:1. subordinate legislation, designed to implement a law byproviding details2. substantially adds to or increase the burden of those concerned3. exercise of quasi-legislative authorityFunction of Prescribing Rates by an Administrative Agency may either be:

Legislative Function: prior notice and hearing is not a requirement

Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country, they may partake of alegislative character

Adjudicative Function: prior notice and hearing are essential to the validity

Where the rules and rates are meant to apply exclusively to aparticular party, then its function is quasi-judicial in character Where hearing is indispensable, it does not preclude the Board from ordering, ex-parte, a provisional increase subject to its final disposition of whether or not tomake it permanent, to reduce or increase it further or to deny the application.(Maceda vs. Energy Regulatory Board)Determinative Powers

PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) 1. Directing

Power of assessment of BIR and Customs2. Enabling

Permit or to allow something which the law undertakes to regulate3. Dispensing

To exempt from a general prohibition OR

Relieve individual or corporation from an affirmative duty4. Examining

Investigatory power1. production of books, papers, etc.2. attendance of witnesses3. compelling their testimony

Power to compel attendance of witnesses not inherent inadministrative body

But an administrative officer authorized to take testimony orevidence is deemed authorized to administer oath, summonwitnesses, require production of documents, etc.

Power to punish contempt must be expressly granted to theadministrative body; when granted, may be exercised only whenadministrative body is actually performing quasi-judicial functions5. Summary

Power to apply compulsion or force against persons or property toeffectuate a legal purpose without a judicial warrant to authorizesuch actionQuasi-Judicial or Adjudicatory PowersProceedings partake of the character of judicial proceedingsAdministrative due process1. right to hearing2. tribunal must consider evidence presented3. decision must have something to support itself 4. evidence must be substantial5. decision must be based on the evidence adduced at the hearing or at leastcontained in the record and disclosed to the parties6. the Board or Judges must act on its or independence consideration of thefacts and the law of the case, and not simply accept the views of asubordinate in arriving at a decision7. decision must be rendered in such a manner that the parties to thecontroversy can know the various issues involved and the reasons for thedecision renderedIn forfeiture proceeding, where the owner of the allegedly prohibited article isknown, mere posting of the notice of hearing in the Bulletin Board does notconstitute compliance.Due process demands that the person be duly informed of the charges against him.He cannot be convicted of an offense with which he was not charged.4 PinoyLaw.Net Notesbank

Nachura Notes Administrative Law (Kiddy)

Party be afforded reasonable opportunity to be heard and to submitany evidence he may have in support of the defense. In administrative proceedings, it means the opportunity yto explainones side or opportunity to seek a reconsideration of the action orruling complained of; a formal or trial-type hearing is not, at alltimes, necessary.

Requirement of notice and hearing in termination cases does notconnote full adversarial proceedings, as actual adversarialproceedings become necessary only for clarification or when thereis a need to propound searching questions to witnesses who givevague testimonies.

Procedural right which employee must ask for since it isnot an inherent right.

Summary proceedings may be conductedAdministrative due process dies not necessarily require the assistance of counsel.In a request for extradition, the prospective extradite does not face a clear andpresent danger of loss of property or employment, but of liberty itself.

He is entitled to the minimum requirements of notice andopportunity to be heard.The standard of due process that must be met in administrative tribunals allows acertain latitude as long as the element of fairness is not ignored; even in theabsence of previous notice, there is no denial of due process as long as the partiesare given the opportunity to be heard.Administrative due process:1. opportunity to be heard2. opportunity to seek reconsideration3.

opportunity to explain ones sideSubstantial evidence: such relevant evidence as a reasonable mind might accept asadequate to support a conclusion which is the quantum of proof necessary toprove a change in an administrative caseTo be heard does not mean only verbal agreements in court, one may also beheard through pleadings.Administrative Determinations where Notice and Hearing are NOT necessary for dueprocess1. grant of provisional authority for increased rates or to engage in a particular lineof business2. summary proceedings of distraint and levy upon the property of a delinquenttaxpayer3. cancellation of passport, no abuse of discretion4. summary abatement of a nuisance per se which affects the immediate safety of persons/property5. preventive suspension of a public officer/employee pending investigation of administrative chargesRight Against Self-Incrimination PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy)

Administrative charge of unexplained wealth which may result inforfeiture of the property

Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine

Right may be invoked at the time he is called as a witness

If he voluntarily takes the witness stand, he can be cross-examined, but hemay still invoke the right at the time the question which calls for ananswer which incriminates him of an offense other than that which ischarged is asked.Power to Punish Contempt is Inherently Judicial1.

conferred by law and2. administrative body is engaged in performance of its quasi- judicial powersAdministrative Decisions not Part of the Legal System

no vested right

could not place government in estoppelAdministrative Appeal and Review1. higher or superior administrative body2. President/ Department Secretaries by virtue of the power of Control3. appellate administrative agencyDoctrine of res judicata

Decisions and orders of administrative agencies have upon their finality, the forceand effect of a final judgment within the purview of the doctrine of res judicata.

Conclusive upon the rights of the affected parties as though the same had beenrendered by a court of general jurisdiction.

Forbids the reopening of a matter once determined by competent authority actingwithin their exclusive jurisdiction.

Applies to adversary administrative proceeding

Does NOT apply in administrative adjudication relative to citizenship

Exception: Zita Ngo Burca vs. Republic1. question of citizenship is resolved by a court or an administrativebody as a material issue in the controversy after a full-blownhearing2.

active participation of the SolGen3. finding made by the administrative body on the citizenship issue isaffirmed by the SCLLDA: regulatory and quasi-judicial power in respect to pollution cases andmatters affecting the construction of illegal fishpens, fish cages and other aqua-structures in Laguna de Bay; may issue cease and desist ordersDECS Regional Director: return to work order; administrative charges; constitutean investigating panel6 PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) Housing and Land Use Regulatory Board (HLURB): unsound real estate businesspracticesDepartment of Energy: electric powerHome Insurance Guarantee Corporation(HIGC): disputes involving homeownersassociation III. EXHAUSTION OF ADMINISTRATIVE REMEDIES DoctrineWhenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of andexhausted.Reasons1. if relief is first sought from a superior administrative agency, resort to courts maybe unnecessary2. administrative agency should be given a chance to correct its error3. principles of comity and convenience4. judicial review of administrative decisions is usually made through special civilactins, which will not normally prosper if there is another plain, speedy andadequate remedy in the ordinary course of law

Only decision of administrative agencies made in the exercise of QUASI-JUDICIAL and ADJUDICATORY POWERS are subject to the rule onexhaustion.

Constitutionality/validity of a rule or regulation in the performance of quasi-legislative function regular courts have jurisdictionCorollary Principle1. Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction

No Where there is competence or jurisdiction vested upon an administrative bodyto act upon a matter, no resort to the courts may be made before suchadministrative body shall have acted upon the matter.

Conversion of subdivision lots HLURB

Enforcement of forestry laws DENR

Issuing license to radio stations NTC

Disputes arising from construction contracts Construction Industry ArbitraryCommission

Agricultural lands under the coverage of CARP DAR

Effluents of a particular industrial establishment Pollution Adjudication Board2. Doctrine of Finality of Administrative Action

No resort to the courts will be allowed unless the administrative action has beencompleted and there is nothing left to be done in the administrative structure. PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy)

A party aggrieved must not only initiate the prescribed administrative proceeding,but must pursue it to its appropriate conclusion before seeking judicialintervention.Effect of Failure to Exhaust Administrative RemediesJurisdiction of court is NOT affectedComplainant is deprived of a CAUSE OF ACTION which is a ground for MTDIf no MTD is filed, deemed a waiverExceptions1. Doctrine of Qualified Political Agency (alter ego doctrine)2. Administrative remedy is fruitless 3. Estoppel on the part of the Administrative Agency4. Issue involved is purely a legal question 5.

Administrative action is patently illegal 6. Unreasonable delay or official inaction7. Irreparable injury or threat , unless judicial recourse is immediately made8. Land cases , where subject matter is private land9. Law does not make exhaustion a condition precedent to judicial recourse10. Observance of the doctrine will result in the nullification of the claim 11. Special reasons or circumstances demanding immediate court action12. Due process of law is clearly violated13. Rules does not provide a plain, speedy and adequate remedy IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Rule

Judicial review may be granted or withheld as Congress chooses

Except: when Constitution requires or allows it

Judicial review of administrative decisions cannot be denied the courts when thereis an allegation of grave abuse of discretion.Bases for Judicial Review

Unless otherwise provided by this Constitution or by law

Any decision, order or ruling of each Commission may be brought to the SC oncertiorari

w/in 30 days from receipt of a copyGeneral Principles

underlying power in the Courts to scrutinize the acts of administrative agencies onquestions of law and jurisdiction although no right of review is given by statute.

Keep administrative agencies within its jurisdiction.

Protect substantial rights of parties affected by the decisions.

Part of system of checks and balances which restricts the separation of power andforestalls arbitrary and unjust adjudication.8 PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) Methods of Obtaining Judicial Review1. Statutory or Non-Statutory Statutory available pursuant to statutory provision

Non-statutory no express statute granting review, relief isobtained by means of:1. common law remedies2. prerogative writs of certiorari3. mandamus4. HC5. prohibition6. quo warranto

if statutory methods for judicial review are available, they areordinarily exclusive and the use of non-statutory methods will notlikely be permitted.2. Direct or Collateral Direct attempt to question in subsequent proceedings theadministrative action for lack of jurisdiction, grave abuse of discretion, etc. (attack on citizenship of an individual) Collateral relief from administrative action sought in aproceeding the primary purpose of which is some relief other thanthe setting aside of the judgment, although an attack on the judgment may be incidentally involved.What Court has Jurisdiction

CA have appellate jurisdiction over judgments or final orders of the CTA andfrom awards, judgments, final orders or resolutions of or authorized by any quasi- judicial agency in the exercise of its quasi-judicial functions.

Administrative bodies, co-equal with RTC on terms of rank and stature andbeyond the control of the latter.

Doctrine of Non-Interference by TCs with co-equal administrative bodies isintended to ensure judicial stability.

Reviewed by RTC Bureau of Immigration, Court martial, LLDAQuestions which may be subject of judicial review1. Question of Law2. Question of Fact

Factual findings of administrative agencies are generallyconclusive upon the courts if supported by substantial evidence,EXCEPT1. expressly allowed by statute2. fraud, imposition or mistake other than error of judgment3. error in appreciation of the pleadings and in theinterpretation of the documentary evidence presented bythe parties3. Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts) PinoyLaw.Net Notesbank Nachura Notes Administrative Law (Kiddy) 10

What purports to be a finding upon a question of fact is soinvolved with and dependent upon a question of law as to be insubstance and effect a decision on the latter, the Court will, inorder to decide the legal question, examine the entire recordincluding the evidence.Guidelines for the exercise of the power

Findings of fact are respected as long as they are supported by substantialevidence, even if not overwhelming or preponderant.

Findings of administrative officials and agencies who have acquired expertise aregenerally accorded not only respect but at all times even finality.

Principle that factual findings of administrative bodies are binding upon the Courtmay be sustained only when no issue of credibility is raised.

It is not for the reviewing court to weigh the conflicting evidence, determinecredibility of witnesses or otherwise substitute its judgment for that of theadministrative agency on the sufficiency of evidence.

Administrative decision in matters with the executive jurisdiction can only be setaside on proof of 1. grave abuse of discretion2. fraud3. collusion4. error of law

Courts will not generally interfere with purely administrative matters unless thereis clear showing of arbitrary, capricious or grave abuse of discretion amounting tolack of jurisdiction.Judicial Review is not trial de novo

It is merely an ascertainment of whether the findings of the administrative agencyare consistent with law, free from fraud or imposition and supported by evidence.