MARIANO MARCOS STATE UNIVERSITY

COLLEGE OF LAW

ADMINISTRATIVE LAW

I. PRELIMINARY PRECEPTS

1. Administrative Law Defined

2. Constitutional Law and Administrative Law Distinguished
3. Scope, Purpose and Function of Administrative Law
4. Kinds of Administrative Law
5. Administration Defined, Distinguised from Government
6. Kinds of Administration

II. ADMINISTRATIVE BODIES

1. Administrative Body Defined

2. Administrative Body distinguished from Court
3. Advantages of Administrative Regulations
4. Creation and Dissolution of Administrative Bodies and Constitutional
Objections
5. Reasons for Growth of Administrative Bodies
6. Checks on Administrative Bodies
7. Scope of the President’s Executive Power
8. President’s Control over Executive Departments/Doctrine of Qualified
Political Agency
De Villa vs City of Bacolod, 189 SCRA 736
Jalandoni vs Drilon, 327 SCRA 107
Federation of Free Workers vs Inciong 161 SCRA
295
9. Ordinance Power of the President

III. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

1. Quasi-legislative/ Rule-Making Power

1.1 Scope of the Power of Administrative Bodies to Promulgate Rules;
Doctrine of Subordinate Legislation
Ople vs Torres 293 SCRA 141
Echegaray vs Sec of Justice 297 SCRA 754
1.2 Requisites fpr Valid Delegation of Legislative Power
Republic vs CA 200 SCRA 226
KMU vs Garcia 239 SCRA 386
1.3 General Conditionalities/Specific Requisites for the Validity of
Administrative Rules and Regulations
Boei-Takeda vs Dela Serna 117 SCRA 329
Mabanta vs HDMF 333 SCRA 777
PASEI vs Torres 212 SCRA 298
Yaokasin vs Comm of Customs 180 SCRA 591
Lina vs Carino 221 SCRA 515
1.4 Categories of Rules and Regulations that may be promulgated
by administrative bodies

2. Quasi-Judicial / Adjudicatory Power

2.1 Quasi judicial power, Defubed; Distinguished from Judicial Power
 Sec of Justice vs Lantion 322 SCRA 160
2.2 Investigation
Carino vs CHR 204 SCRA 483
2.3 Adjudication; Delegation to a Division
Realty Exchange Venture vs Sendino 233 SCRA 665
2.4 Distinction between Rule-Making and Quasi-judicial powers
2.5 Administrative Interpretation of the law
Melendres vs COMELEC 319 SCRA 262
2.6 Administrative Searches and Seizure, Warrant of Arrest
2.7 Imposition of Administrative Fines and Penalties
2.8 Damages
2.9 Power to Grant Immunities from Criminal and Civil Prosecutions
Republic vs Sandiganbayan 173 SCRA 72
Republic vs Saludares GR#111174; March 9, 2000
3.0 Seizure Proceedings
3.1 Other Jurisdiction and Regulatory Powers

IV PROCEEDINGS BEFORE ADMINISTRATIVE BODIES

1. Jurisdiction
2. Administrative and Judicial Proceeding Distinguised
Cana vs Gebusion 329 SCRA 132
3. Administrative Adjudication Procedure
4. Rules of Procedure
4.1 Concept of Procedure; Nature of Proceedings
4.2 Concept of Investigation; Hearing Officers; Subdelegation of
Authority
Skyworld vs SEC 211 SCRA 565
Carpio vs Exec Sec 206 SCRA 290
4.3 Nature of Proceedings
Uy vs COA 3628 SCRA 607
4.4 Rules of Procedure – How Interpreted
4.5 Quantum of Evidence
4.6 Rules of Evidence
4.7 Licensing Procedure
4.8 Power to issue Subpoena and Cite for Contempt
SEC vs Recto GR # 129521; Sept 7, 1999
4.9 Form and Promulgation of Quasi judicial Determination.
Naguiat vs NLRC 269 SCRA 564

5. Due Process
5.1 Concept of Due Process
5.2 Due Process in Quasi Legislative and Quasi judicial
Proceedings
5.3 Procedural vs Substantive Due Process
5.4 Requisites of Due Process in Administrative Proceedings; Tests
to determine Amount of Due Process
Mark Roche vs NLRC GR # 123825; August 31, 1999
Gonzales vs NLRC GR#125735; Aug 26, 1999
UP Board of Regents vs CA 313 SCRA 404
5.5 Cardinal Right of a Person appearing before Quasi Judicial
Bodies
5.6 Trial-type Proceedings; exception
Mabuhay Textile vs Ongpin 141 SCRA 437
5.7 Necessity for Notice and Hearing
 5.8 Instances when notice & hearing not required in administrative
proceedings
5.9 Administrative and Judicial Proceedings arising from the same
facts; Effects of Dismissal of Criminal/Administrative Case
5.10 Right Against Self Incrimination
Pascual vs Board of Medical Examiners 28 SCRA 345

V. EXHAUSTION OF ADMINISTRATIVE REMEDIES

1. General Rule – Applicability of the Doctrine

Teotico vs Agda Jr 197 SCRA 675

2. Basis and Purpose of the Doctrine

Lopez vs City of Manila GR # 127139; Feb 19, 1999

3. Exceptions to the Doctrine

3.1 Decisions of the Dept Secretaries/“ALTER EGO”Doctrine
3.2 Where the administrative remedy is fruitless
3.3 Where there is estoppels on the part of the administrative
agency
3.4 Where the issue involved is purely a legal question
3.5 Where the administrative action is patently illegal, amounting
to lack or excess of jurisdiction
3.6 Where there is unreasonable delay or official inaction
3.7 Where there is irreparable injury or threat thereof, unless
judicial recourse is immediately made
3.8 In land cases, where the subject matter is private land
3.9 Where the law does not make exhaustion a condition precedent
to judicial recourse
3.10 Where observance of the doctrine will result in the
nullification of the claim
3.11 Where there are special reasons or circumstances demanding
immediate court action
3.12 When due process of law is clearly violated
3.13 Public Interest
3.14 Quo Warranto
3.15 Poverty
3.16 Recovery of Possession of Public Land
3.17 hen the issue is rendered moot and academic

4. Effect of Failure to Exhaust Administrative Remedies

5. Primary Jurisdiction / Preliminary Resort
6. Doctrine of Finality of Administrative Action
7. Doctrine of Finality of Judgment

VI. REVIEW OF ADMINISTRATIVE DECISIONS

1. Administrative Decisions and Review

2. Judicial Review
2.1 Bases for Judicial Review
2.2 Methods of Obtaining Judicial Review
2.3 What Court has Jurisdictions
2.4 Questions that may be subject of judicial review
Factual Decision: Exceptions
 Questions of Law
Mixed Questions of Law and Facts – Brandies Doctrine of
Assimilation of Facts
Question of Discretion
Guidelines for the exercise of Judicial Review
Enforcement of Order / Administrative Claims
3. Stare Decisis and Res Judicata

Prepared by:

ATTY. JOHN PAUL A. MARTIN