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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
CHAPTER 6-15 ELECTION LAW
Atty M: During elections, for example. In a
barangay, there is a school or a public place
where the voters will vote. That is called a voting
center. The actual room where the voters will
vote is called a polling place. Traditionally,
before the automation law, there is 1 precint
assigned to 1 room. But now, with the
automation law and with the need to clump
precints, they are now called cluster precints.
In the cluster precints, the group that will
manage the voting and the counting in that
precint is the Board of Election Inspectors.
In the cluster precints, the group that will
manage the voting and the counting in that
precint is the Board of Election Inspectors.
Section 3 RA 8189-
(o) Board of Election refers to the body which
conducts the election in the polling place of the
precint usually composed of 3 public school
teachers appointed by the Commission.
Sec. 13 RA 6646-
A. The board of election inspectors shall be
composed of a chairman and 2 members, all of
whom are public school teachers. During
barangay elections, BEI shall be known as the
Board of Election Tellers.
B. If there are not enough public school teachers,
teachers in private schools, employees in the civil
service or other citizens of known probity and
competence may be appointed; Provided, That
the chairman shall be a public school teacher.
SEMESTER
Voter comes in in the polling place and declares his
identity
BEI will check if his name is in the list of voters and if
his name is there, the voter will be given a ballot
secrecy folder. The ballot shall have a control
number and such should be written beside the
name of the voter in the list of voters.
After the voter will vote, he will hand the ballot to
the Chairman of the BEI.
After the election time, the BEI will count the
number of compeleted ballots that were received
through out the day. (Like out of 200 voters, 150
ray ni vote )
Then BEI will then count the number of votes. The
watchers will then be present during the counting of
the votes.
The BEI will then fill up a large document called an
election return. An election return contains the
names of the candidates.
After the counting, the election returns will be
signed by the watchers.
The BEI will then bring the election return to the to
the city of Mandaue (example rani ni atty) session
hall for CANVASSING.
A certificate of votes and certificate of canvass (the
result of the counting) is summarized shall be
prepared
The certificate of canvass shall be the basis for the
proclamation of the municipal officers. . All
certificates of canvass o f all municipalities will be
delivered to the Province. Such will be the basis for
the certificate of canvass for the province and so on.
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
ATTY M: After this, you may now file a pre-
proclamation protest. A pre-proclamation
protest happens when you have objections as to
the face and authenticity of the certificate of
canvass or election returns. You are required to
submit evidence within 24 hours, and after
which, no person may be proclaimed until
resolution of the controversy.
MAIN GROUNDS OF PRE-PROCLAMATION
CONTROVERSY: Preparation, Delivery and
Custody of the Election Returns
OTHER GROUNDS:
1. Illegality of the composition of the Board of
Elections in a particular place
2. Illegality of the proceedings of the Board of
Elections in a particular place
If there is already final judgment and a person
was proclaimed, and there was no resolution as
to your appeal by June 30, the appeal is deemed
dismissed. There shall be no pre-proclamation
controversy for national positions. This is
because for example, there is no hold over for
the term of the President.
What is the difference in the automation law?
Instead of the teacher/BEI bringing the election
returns to the canvassing. The machine will do it
for us. The electronic images are what are
transmitted and the machine will be canvass the
results. The machine will generate certificates of
canvass. (The flow is the same except that the
transmission of the results is done by the
machine)
Can a person be required to present his ID before
he can vote? As a general rule, no. Except when
his identity is in question. This is for 2 reasons:
First, to respect the confidentiality of the vote
and second to respect the intent of the voter.
Who are allowed to enter the room?
Only the voters.
Only the relative of the voter can assist an
illiterate voter.
Rules regarding the Watchers (ingon si sir
basahon daw)
1. Every registered party or coalition of parties
and every candidate is entitled to one watcher
per precint and canvassing center.
2. Candidates for local legislature belonging to
the same party are entitled collectively to one
watcher.
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3. Six principal watchers from 6 accredited
major political parties shall be recognized.
4. The accredited citizen’s arm is entitled to a
watcher in every precint
5. Other civic organizations may be authorized
to appoint one watcher in every precint.
Qualifications of the Watchers
1. Registered voter of the city or municipality
comprising the precint where he is assigned
2. Of good reputation
3. Has not been convicted by final judgment of
any election offence or of any crime
4. Knows how to read and write Pilipino, English
or of the prevailing local dialect
5. Is not related within the 4th civil degree of
consanguinity or affinity to the chairman or to
any other member of the BEI in the polling place
where he seeks appointment as a watcher.
Rights of watchers (Under the Omnibus Election
Code)
1. To stay inside the precint
2. To inform themselves of the proceedings
3. To file a protest against any irregularity
4. To obtain a certificate of the number of votes
cast for each candidate
Other rights
1. Take note of what they may see or hear;
2. Take photographs of the proceedings and
incidents, if any, during the voting, counting of
votes, as well as of the generated election
returns and of the ballot boxes;
3. File protests against any irregularity or
violation of the law which they believe may have
been committed by the BEI or by any of its
members of by any person;
4. Obtain from the BEI a certificate as to the
filing of such protest and the resolution thereof.
5. To be given a copy of the election return to
be used for the conduct of an unofficial count
(for the Accredited Citizen’s Arm Watcher only)
Rules of Appreciation of Ballots
(Page 251 of Quilala please read kay taas kayo
ang provision. Ang kaning duha mao ni na
mention ni Atty.)
1. Similar rule/ Idem Sonans
 If there is no other name like “Malig-on” if
the voter wrote, Malig or Maligo, that
should be credited to the candidate Malig-
on
 A name or surname incorrectly written
which read, has a sound similar to the name
or surname of a candidate when correctly
written shall be counted in his favor.
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON SEMESTER

any political transmission of the

2. Neighborhood Doctrine subdivision, the election returns or in
 Cruz is a candidate for Vice mayor and no Commission, motu the custody or canvass
other candidate is named cruz. The voter proprio or upon a thereof, such election
left blank the line for vice mayor but voted verified petition by any results in a failure to
for Cruz under the line for Mayor. That vote interested party, and elect, and in any of
should be credited to Cruz for Vice mayor. after due notice and such cases the failure
hearing, whereby all or suspension of
REMEMBER THE CASE ABOUT THE USE OF THE interested parties are election would affect
SCANNED IMAGE OF THE BALLOT! Nalimot kos afforded equal the result of the
case basta naa to. Maliksi man siguro to. The opportunity to be election, the
scanned copy is a functional copy of the original heard, shall postpone Commission shall, on
ballot. Functional equivalent theory according to the election therein to the basis of a verified
Atty. However the SC ruled, even if the scanned a date which should be petition by any
copy is a functional equivalent of the original reasonably close to the interested party and
ballot, we still go for the best evidence rule. We date of the election not after due notice and
only resort to the use of the scanned images if held, suspended or hearing, call for the
the ballots are not available. which resulted in a holding or
failure to elect but not continuation of the
Remember that there are exceptions to the rule later than thirty days election not held,
that pre-proclamation controversy may only be after the cessation of suspended or which
invoked if you have objections on the face and the cause for such resulted in a failure to
the authenticity of the election returns. postponement or elect on a date
suspension of the reasonably close to the
1. Statistical improbability (katong example na election or failure to date of the election not
tanan LP naka kuha ug same votes, nya ang elect. held, suspended or
pikas kay zero jud) page 322 of the book which resulted in a
failure to elect, but not
2. Manifest error (Not applicable to the later than thirty days
automated elections) after the cessation of
the cause of such
Ingon si sir read Pre-proclamation sa book. postponement or
suspension of the
Remember: election or failure to
1. Castromayor- SC nullified the proclamation elect.
and ordered the mathematical recomputation
of the votes kay nasayop When is there a failure of elections?
1. There was violence
When to declare postponement of elections or 2. There was fraud
failure of elections? 3. Such circumstances that will prevent the
Postponement Failure of Elections holding of a FAIR election/prevent the
Omnibus Election Omnibus Election determination of a winning candidate/suspend
Code, Sec. 5- Code, Sec. 6- Failure of the continuance of the election on election day
Postponement of Election- If, on account (Example ni Atty: Like gipangsunog ang mga
Election -When for any of force majeure, ballots paghuman sa election but before
serious cause such as violence, terrorism, counting; gipangbombahan ang mga precints on
violence, terrorism, fraud, or other election day)
loss or destruction of analogous causes the
election paraphernalia, election in any polling Who has jurisdiction to decide whether or not
or records, force place has not been there is a need to declare postponement or
majeure, and other held on the date fixed, failure of elections?
analogous causes of or had been suspended OEC, Sec. 4. Postponement, Failure of Elections
such a nature that the before the hour fixed and Special Elections- The postponement,
holding of a free, by law for the closing declaration of failure of election and the calling
orderly and honest of the voting, or after of special elections as provided in Sections 5, 6,
election should the voting and during & 7 of the Omnibus Election Code shall be
become impossible in the preparation and decided by the Commission sitting en banc by a

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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
majority vote of its members. The causes for the
declaration of a failure of election may occur
before or after the casting of votes or on the day
of the election.
Issues that may be raised as Pre-Proclamation
Controversy (prior to the amendment in the
Automation Law)
Sec. 243 of the Omnibus Election Code- The
following shall be proper issues that may be
raised in pre-proclamation controversy:
(a) Illegal composition or proceedings of the
board of canvassers;
(b) The canvassed election returns are
incomplete, contain material defects, appear to
be tampered with or falsified or contain
discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sec.
233, 234, 235 and 236 of this Code;
(c) The election returns were prepared under
duress, threats, coercion, or intimidation; or they
are obviously manufactured or not authentic;
and
(d) When substitute or fraudulent returns in
controverted polling places were canvassed the
results of which materially affected the standing
of the aggrieved candidate or candidates.
Atty M: With the use of the Automation, only
(a) Illegal composition or proceedings of the
board of canvassers; will be a valid ground for
pre-proclamation controversy. The rest are not
anymore available. We still have to go through
that despite the existence of the Automation
Law because:
1. There is a possibility we will use Manual
Elections again;
2. The provisions under the Omnibus Election
Code were not expressly repealed by the
Automation Law
Atty M: Therefore because of the Automation
Law, issues that require the appreciation of
ballots during canvassing are not anymore
allowed.
Comelec Res. 8804 (IRR of Automation Law)
Rule 3, Sec. 1 Pre-proclamation Controversy
A pre-proclamation controversy refers to the
proceedings of the board of canvassers which
may be raised by any candidate or by any
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registered political party or coalition of political
parties, or by any accredited and participating
party list group, before the board or directly with
the Commission. It covers only 2 issues:
a. Illegal composition of the Board of Canvassers
b. Illegal proceedings of the BOC
The basis of the canvass shall be electronically
transmitted results.
When is there illegal composition of the Board of
Canvassers?
Rule 4 Section 1- Illegal Composition of the
Board of Canvassers
--There is illegal composition of the BOC when,
among other similar circumstances, any of the
members do not possess legal qualifications and
appointments. The information technology
capable person required to assist the BOC by RA
9369 shall be included as among those whose
lack of qualifications may be questioned.
When is there illegal proceeding of the Board of
Canvassers?
Rule 4 Section 2- Illegal Proceedings of the Board
of Canvassers
--There is illegal proceedings of the BOC when
the canvassing is a sham or a mere ceremony,
the results of which are pre-determined and
manipulated as when any of the following
circumstances are present:
a) precipitate canvassing
b) terrorism
c) lack of sufficient notice to the members of the
BOC
d) improper venue
Atty M: Role of the Canvassing Board is
ministerial and the nature of the proceedings is
summary. You cannot inquire into issues beyond
the election returns, especially now, with the
Automation Law, you just have to rely on the
results transmitted by the machine.
IRR of Automation Law Sec. 24- Issues affecting
the composition or proceedings of the Board
may be initiated by filing a verified petition
before the Board or directly with the
Commission.
If the petition is filed directly with the Board, its
decision may be appealed to the Commission
within 3 days from issuance thereof. However, if
commenced directly with the Commission, the
verified petition shall be filed immediately when
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
the board begins to act illegally, or at the time of
the appointment of the member whose capacity
to sit as such is objected to.
There shall be no pre-proclamation cases on
issues/controversies relating to the generation/
printing, transmission, receipt and custody and
appreciation of Election Returns or Certificates
of Canvass.
Atty M: The only instance that you are allowed to
use another source document is when there is no
transmission. When the machine cannot
transmit the results, what happens is that the
canvassing body will allow the use of the SF Card,
the card from the machine. That will be brought
to the canvassing area.
Under the manual rule which is still applicable,
the doctrine that the ballots are only valid if they
are regular on their face. You cannot question
the content. You need a election protest for that.
Your only basis to object is that it does not
appear authentic. The color, texture, data. For
example, if the election returns state that there
are 500 voters in the area when in truth and in
fact there are only 200 based on the list of
voters, then that’s obvious. You can now say that
this is not authentic.
ANOTHER GROUND: Statistical Improbability
because that alone will tell you that the Election
Return is not authentic.
Lagumbay v. Comelec
The rule is that there is no pre-proclamation
controversy for National positions. In elections
for President, Vice-President, Senators and
members of the House of Representatives, thee
general rule is that pre-proclamation cases on
matters relating to preparation, transmission,
receipt, custody and appreciation of election
returns or certificates of canvass are still
prohibited. However, there are recognized
exceptions to this general rule.
Exceptions:
1) Correction of manifest errors
2) Questions affecting the composition or
proceedings of the board of canvassers;
3) Determination of the authenticity and due
execution of certificates of canvass as provided
in Sec. 30 of RA 7166.
Codilla v. COMELEC
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Facts:
Petitioner and respondent Locsin were
candidates for the position of Representative of
the 4th legislative district of Leyte during the
May 14, 2001 elections. At that time, petitioner
was the Mayor of Ormoc City while respondent
Locsin was the sitting Representative of the 4th
legislative district of Leyte. On May 8, 2001, one
Josephine de la Cruz, a registered voter of
Kananga, Leyte, filed directly with the COMELEC
main office a Petition for Disqualification 1
against the petitioner for indirectly soliciting
votes from the registered voters of Kananga and
Matag-ob, Leyte, in violation of Section 68(a) of
the Omnibus Election Code. It was alleged that
the petitioner used the equipments and vehicles
owned by the City Government of Ormoc to
extract, haul and distribute gravel and sand to
the residents of Kananga and Matag-ob, Leyte,
for the purpose of inducing, influencing or
corrupting them to vote for him.
At the time of the elections on May 14, 2001,
the Regional Election Director had yet to hear
the disqualification case. Consequently,
petitioner was included in the list of candidates
for district representative and was voted for.
The initial results showed that petitioner was
the winning candidate.
On May 30, 2001, an oral argument was
conducted on the petitioner's Motion and the
parties were ordered to submit their respective
memoranda. 25 On June 4, 2001, petitioner
submitted his Memorandum 26 in support of his
Motion assailing the suspension of his
proclamation on the grounds that:
(a) he was not afforded due process;
(b) the order has no legal and factual basis; and
(c) evidence of his guilt is patently inexistent for
the purpose of suspending his proclamation.
He prayed that his proclamation as winning
congressional candidate be expediently made,
even while the disqualification case against him
continue upon due notice and hearing.
The COMELEC Second Division promulgated its
Resolution 35 in SPA No. 01-208 which found
the petitioner guilty of indirect solicitation of
votes and ordered his disqualification. It
directed the "immediate proclamation of the
candidate who garnered the highest number of
votes . . . ." A copy of said Resolution was sent
by fax to the counsel of petitioner in Cebu City
in the afternoon of the following day. By virtue
of the said Resolution, the votes cast for
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
petitioner, totaling 71,350, were declared stray.
Respondent Locsin was proclaimed as the duly
elected Representative of the 4th legislative
district of Leyte by the Provincial Board of
Canvassers of Leyte. It issued a Certificate of
Canvass of Votes and Proclamation of the
Winning Candidates for Member of the House
of Representatives. Respondent Locsin took her
oath of office on June 18, 2001 and assumed
office on June 30, 2001.
On August 29, 2001, then COMELEC Chairman
Alfredo L. Benipayo issued a "Vote and
Opinion and Summary of Votes" reversing the
resolution of the Second Division and declaring
the proclamation of respondent Locsin as null
and void. On September 12, 2001, petitioner
Codilla was proclaimed by the Provincial Board
of Canvassers as the duly-elected
Representative of the 4th legislative district of
Leyte, having obtained a total of 71,350 votes
representing the highest number of votes cast
in the district. 56 On the same day, petitioner
took his oath of office before Executive Judge
Fortunito L. Madrona of the Regional Trial Court
of Ormoc City.
Issues:
1. Whether or not the proclamation of Locsin
was valid
2. Whether or not the votes in favour of Codilla
should be considered stray
Ruling:
1. The COMELEC Second Division ordered the
exclusion of the votes cast in favor of the
petitioner, and the proclamation of the
respondent Locsin, without affording the
petitioner the opportunity to challenge the
same. In the morning of June 15, 2001, the
Provincial Board of Canvassers convened, and
on the strength of the said Resolution excluding
the votes received by the petitioner, certified
that respondent Locsin received the highest
number of votes. On this basis, respondent
Locsin was proclaimed. Records reveal that the
petitioner received notice of the Resolution of
the COMELEC Second Division only through his
counsel via a facsimile message in the afternoon
of June 15, 2001 when everything was already
fait accompli. Undoubtedly, he was not able to
contest the issuance of the Certificate of
Canvass and the proclamation of respondent
Locsin. This is plain and simple denial of due
process. The essence of due process is the
opportunity to be heard. When a party is
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deprived of that basic fairness, any decision by
any tribunal in prejudice of his rights is void.
2. As previously stated, the disqualification of
the petitioner is null and void for being violative
of due process and for want of substantial
factual basis. Even assuming, however, that the
petitioner was validly disqualified, it is still
improper for the COMELEC Second Division to
order the immediate exclusion of votes cast for
the petitioner as stray, and on this basis,
proclaim the respondent as having garnered the
next highest number of votes.
Section 6 of R.A. No. 6646 and Section 72 of the
Omnibus Election Code require a final judgment
before the election for the votes of a
disqualified candidate to be considered "stray."
Hence, when a candidate has not yet been
disqualified by final judgment during the
election day and was voted for, the votes cast in
his favour cannot be declared stray. To do so
would amount to disenfranchising the
electorate in whom sovereignty resides. For in
voting for a candidate who has not been
disqualified by final judgment during the
election day, the people voted for him bona
fide, without any intention to misapply their
franchise, and in the honest belief that the
candidate was then qualified to be the person to
whom they would entrust the exercise of the
powers of government.
More brazen is the proclamation of respondent
Locsin which violates the settled doctrine that
the candidate who obtains the second highest
number of votes may not be proclaimed winner
in case the winning candidate is disqualified. In
every election, the people's choice is the
paramount consideration and their expressed
will must at all times be given effect. When the
majority speaks and elects into office a
candidate by giving him the highest number of
votes cast in the election for the office, no one
can be declared elected in his place
ADMINISTRATIVE LAW (Chapters 1-3)
Administrative Law- embraces all the law that
controls, or is intended to control, the
administrative operations of the government.
What is the scope of the study of administrative
law?
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It covers the administrative operations of the executive supervision over local

government and how the powers of the departments, bureaus, governments.
government are being used and offices. He shall Provinces with respect
ensure that the laws to component cities
What are the sources of administrative laws? be faithfully executed. and municipalities, and
1. Constitution itself cities and
Example: Art. 9- The Constitutional Commissions municipalities with
Art. 11- Creation of the Ombudsman respect to component
2. Various laws creating the administrative barangays shall ensure
bodies of the government; the laws that define that the acts of their
the powers of the administrative agencies component units are
Example: Administrative Code (signed by the within the scope of
President only as an Executive Order because at their prescribed
the time, then President Aquino had legislative powers and functions.
powers) the power to alter, The power to ensure
3. Jurisprudence modify or nullify or set that local affairs are
aside what a administered
The Revised Administrative Code of 1987 is the subordinate officer according to law; It is
broadest law defining the functions of the had done in the merely the authority
Executive Department performance of his to check whether said
duties and to local government or
Illustration ni Atty M: substitute his the officers thereof
judgment with that of perform their duties as
Legislative Executive Judiciary
the latter. provided by law. It is
the power of mere
oversight
Department of Department of
Health Finance Atty M: So for example, the DILG only exercises
supervisory powers over the LGUs. Mao nang
Bureau of Bureau of silay tig hatag ug awards etc.
Quarantine Customs
You have to relate this with the Qualified Political
Bureau of Agency Doctrine. What is Qualified Political
Internal
Revenue Agency?
-This means that all executive and
administrative organizations are adjuncts of the
Some departments have Regional and Provincial
Executive Department, the heads of the various
Offices; All these are under the departmental
executive departments are assistants and
framework of the Executive Branch.
agents of the Chief Executive and the acts of the
Secretaries of such departments, performed
Why is it important to define who are under the
and promulgated in the regular course of
departmental framework of the Executive
business, are unless disapproved or reprobated
Branch?
by the President, are deemed to be acts of the
Because it is where the President exercises
President.
control.
Why is that so?
What is the difference between control and
Sec. 1, Art. 7, 1987 Constitution- The executive
supervision?
power shall be vested in the President of the
CONTROL SUPERVISION
Philippines
Exercised by the Exercised by the
President over President over Local
Atty M: The executive power is vested only in 1
administrative Government Units
person. Because of that, practicality demands
agencies
that he needs to have people to assist him in his
Sec. 4, Art. 10, 1987
functions. That is why all these departments are
Sec. 17, Art. 6, 1987 Constitution- The
treated as alter egos of the President.
Constitution- The President of the
President shall exercise Philippines shall
control of all the exercise general
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
He cannot function effectively if he will do all
the work. That is why he needs the help of
administrative agencies.
Why do you need to have the Qualified Political
Agency Doctrine?
For effectivity. If the Secretaries have to wait for
the approval of the President for all the
decisions they have to make, such will render
the executive department inutile.
May the decisions of the Secretaries be
considered as decisions of the President? And
are these binding to the President?
Yes. Because of the Qualified Political Agency
Doctrine. But the President has the power to
change or disregard the decision of the
Secretary.
Then you have to relate it to the principle of
Exhaustion of Administrative Remedies.
(Atty M: Ilink lang ni nato daan para maka sabot
mo nganong naa ni)
It states that if there is a remedy provided in the
law on how to challenge the decision of lower
official in the government that procedure
should be exhausted before the aggrieved party
can go to court.
If your action reaches to the level of the
Secretary, and you are still aggrieved by the
decision, do you still need to go to the office of
the President?
No. If you reach the level of the Secretary, that
is already in compliance with the exhaustion of
administrative remedies.
Why?
Because the decision of the Secretary is the
decision of the President under the Qualified
Political Agency Doctrine.
Unless of course, the rules so provide that you
need to go the office of the President. You
relate this to Rule 43 of the Rules of Court –
Appeals from the Court of Tax Appeals and
Quasi-Judicial Agencies to the Court of Appeals.
Once you have exhausted the administrative
remedies that are available, you use this Rule.
For example, an appeal is allowed by law, if the
Secretaries make a decision is there a need to
appeal to the office of the President?
No. This is because the decision of the Secretary
is considered to be the decision of the
President.
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Can the aggrieved party already go to court?
Yes.
What if there is a rule allowing for an appeal to
the Office of the President?
Then in this case, the aggrieved party may
appeal to the Office of the President.
If there is no rule allowing for the appeal to the
office of the President?
If the law is silent, the general rule applies that
the decision of the Secretary is considered to be
the decision of the President.
If there is no rule allowing for the appeal, and the
Secretary has already made a decision, can the
President still interfere and reverse the decision
of the Secretary?
Yes because of the power to control.
Atty M: Your case will be in danger of being
dismissed if you do not exhaust the all available
administrative remedies. It will fail to comply
with a condition precedent.
How do you treat these bodies? Those created
by law? For example, GOCCs. Are these bodies
part of the executive branch?
Yes. An agency of the Government refers to any
of the various units of Government, including a
department, bureau, office, instrumentality or
government-owned or controlled corporation.
Please put that in your notes: RA 10149 GOCC
Governance Act of 2011
How about State Colleges and Universities?
Yes. Since they do not fall in the legislative
branch and not directly under the executive
branch, the President does not exercise control.
Are GOCCs part of the Government of the
Republic of the Philippines?
Yes.
What are agencies?
Agencies are the mechanisms whereby the will
of the State is enforced.
GOCCs and SUCS are Instrumentalities
What are instrumentalities?
Are the instruments in the delivery of the
mandate of the State.
If the President has the power of control, can he
abolish these offices?
Insofar as the departmental organs of the
government are concerned, the President does
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not have the power to abolish. The President
can only merge or transfer, the effect of which
is abolition. That is allowed.
The President can only abolish those offices
created under the office of the President. For
example, you create an office “Presidential
Spokesman” or “Presidential Liaison”
What is the source of the President’s Power to
merge or transfer offices within the
departmental framework?
Sec. 31, Chapter 10 Revised Administrative Code
of 1987
Continuing Authority of the President to
Reorganize His Office- The President subject to
the policy in Executive order and in order to
achieve simplicity, economy and efficiency shall
have continuing authority to reorganize the
administrative structure of the Office of the
President. For this purpose, he may take any of
the following actions:
1. Restructure the internal organization of the
Office of the President including immediate
offices, special assistants, advisor systems and
staff support systems by consolidating and
merging units therefor, or transfer functions of
one unit to another.
Louis “Barok” Biraogo v. Philippine Truth
Commission
(In relation to Sec. 31, of the Revised
Administrative Code)
Does the creation of the PTC fall within the
ambit of the power to reorganize as expressed
in Section 31 of the Revised Administrative
Code? Section 31 contemplates "reorganization"
as limited by the following functional and
structural lines:
(1) restructuring the internal organization of the
Office of the President Proper by abolishing,
consolidating or merging units thereof or
transferring functions from one unit to another;
(2) transferring any function under the Office of
the President to any other Department/Agency
or vice versa; or
(3) transferring any agency under the Office of
the President to any other Department/Agency
or vice versa. Clearly, the provision refers to
reduction of personnel, consolidation of offices,
or abolition thereof by reason of economy or
redundancy of functions. These point to
situations where a body or an office is already
existent but a modification or alteration thereof
has to be effected. The creation of an office is
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nowhere mentioned, much less envisioned in
said provision. Accordingly, the answer to the
question is in the negative.
To say that the PTC is borne out of a
restructuring of the Office of the President
under Section 31 is a misplaced supposition,
even in the plainest meaning attributable to the
term "restructure"– an "alteration of an existing
structure."
Xxxxx
(As to the issue of the creation of the PTC)
Atty M: Creation of offices is essentially
legislative.
1. This is because practically, Congress creates
the budget also.
2. Congress is the body that can delegate
powers
HOWEVER, the President is not prohibited from
creating temporary offices.
It would not be accurate, however, to state that
"executive power" is the power to enforce the
laws, for the President is head of state as well as
head of government and whatever powers
inhere in such positions pertain to the office
unless the Constitution itself withholds it.
Furthermore, the Constitution itself provides
that the execution of the laws is only one of the
powers of the President. It also grants the
President other powers that do not involve the
execution of any provision of law, e.g., his
power over the country's foreign relations.
On these premises, we hold the view that
although the 1987 Constitution imposes
limitations on the exercise of specific powers of
the President, it maintains intact what is
traditionally considered as within the scope of
"executive power." Corollarily, the powers of
the President cannot be said to be limited only
to the specific powers enumerated in the
Constitution. In other words, executive power is
more than the sum of specific powers so
enumerated.
It has been advanced that whatever power
inherent in the government that is neither
legislative nor judicial has to be executive. x x x.
Indeed, the Executive is given much leeway in
ensuring that our laws are faithfully executed.
As stated above, the powers of the President
are not limited to those specific powers under
the Constitution. One of the recognized powers
of the President granted pursuant to this
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
constitutionally-mandated duty is the power to
create ad hoc committees. This flows from the
obvious need to ascertain facts and determine if
laws have been faithfully executed. (Biraogo v.
PTC)
What is the extent of the executive power of the
President?
Marcos v. Manglapus
(Residual Powers)
As stated above, the Constitution provides that
"[t]he executive power shall be vested in the
President of the Philippines." [Art. VII, Sec. 1].
However, it does not define what is meant by
"executive power" although in the same article
it touches on the exercise of certain powers by
the President, i.e., the power of control over all
executive departments, bureaus and offices, the
power to execute the laws, the appointing
power, the powers under the commander-in-
chief clause, the power to grant reprieves,
commutations and pardons, the power to grant
amnesty with the concurrence of Congress, the
power to contract or guarantee foreign loans,
the power to enter into treaties or international
agreements, the power to submit the budget to
Congress, and the power to address Congress
[Art. VII, Secs. 14-23].
The inevitable question then arises: by
enumerating certain powers of the President
did the framers of the Constitution intend that
the President shall exercise those specific
powers and no other? Corollarily, the powers of
the President cannot be said to be limited only
to the specific powers enumerated in the
Constitution. In other words, executive power is
more than the sum of specific powers so
enumerated.
Faced with the problem of whether or not the
time is right to allow the Marcoses to return to
the Philippines, the President is, under the
Constitution, constrained to consider these
basic principles in arriving at a decision. More
than that, having sworn to defend and uphold
the Constitution, the President has the
obligation under the Constitution to protect the
people, promote their welfare and advance the
national interest.
To the President, the problem is one of
balancing the general welfare and the common
good against the exercise of rights of certain
individuals. The power involved is the President's
residual power to protect the general welfare of
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the people. It is founded on the duty of the
President, as steward of the people. To
paraphrase Theodore Roosevelt, it is not only
the power of the President but also his duty to
do anything not forbidden by the Constitution or
the laws that the needs of the nation demand. It
is a power borne by the President's duty to
preserve and defend the Constitution. It also
may be viewed as a power implicit in the
President's duty to take care that the laws are
faithfully executed [see Hyman, The American
President, where the author advances the view
that an allowance of discretionary power is
unavoidable in any government and is best
lodged in the President.
Atty M: It may not be one of those specifically
enumerated under Art. 7, but that is part of the
residual power of the President. The totality of
the powers of the President is not exclusive to
what is enumerated. It includes all necessary
powers as part of his execution power. To
prevent the re-entry of the body of Marcos is
part of the execution power, because the
reason of the President was to preserve peace
and order at that time.
Why are agencies formed? Or organized?
Aside from the fact that the Constitution or
other laws created these, you can just imagine
for example, for every labor dispute, and all
these disputes are filed with the regular courts?
What do you think will happen to the dockets of
the regular courts?
This is why there are administrative agencies
that are given the power to grant relief through
administrative processes.
For example: Free patent application is done by
CENRO; or Franchising, do you know that only
Congress has the power to grant franchises?
You could just imagine if all the jeepney drivers
or taxi drivers will have to go to Congress to get
a franchise.
There’s just too much work to be done if there
are no Administrative agencies. That is the
relevance of these administrative agencies.
In sum:
1. They will unclog the dockets of the courts
2. They will help in the disposition of specific
concerns that are better left to specialized
agencies
3. Help the President discharge his work
effectively
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What is the main role of the executive branch?
To execute the laws made by Congress.
What is then the primary role of administrative
agencies?
To execute the laws
What are the powers of administrative agencies?
Quasi-legislative and Quasi-Judicial
They only exercise such powers that are
expressly granted and those that are necessarily
implied in the exercise thereof.
That is why the first task is Quasi-Legislative. Why
is it called quasi?
Because such power is only delegated to them
by the laws creating such agencies
What does it mean?
The power to make rules and regulations to
administer the laws.
Quasi-legislative power refers to the grant of
authority by the legislature to administrative
agencies to issue rules and regulations
concerning how the law entrusted to them for
implementation may be enforced
What is the purpose of allowing an
administrative agency to promulgate rules?
Because of the increasing complexity of the task
of government and the growing inability of the
legislature to cope directly with the myriad
problems demanding its attention
Atty M: For example, PD 1529 it grants to the
Cenro the power to grant free patents. The law
provides the qualifications, however who will
provide for the specifics/details? What will
guide you in applying? How will one apply for
the Free Patent? Like pila ka copy i-fill up etc
etc? The details will be filled in by the IRRs
What is the essence of the implementing rules
and regulations?
The details in the IRRs will supplement what the
law should be. To fill in the details which the
law does not provide, also because normally the
law will only say that the IRRs will be created by
the specific agencies concerned.
What if the law is silent on the grant of quasi-
legislative powers? Can the agency make the
IRRs?
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Yes. Because the IRRs will only supplement what
the law provides.
Atty M: It is to be remembered that the IRRs
should not expand what the law has
provided/granted or should not diminish the
substantive rights granted under the law. You
cannot make in the IRRs something which is not
allowed in the law.
GSIS v CSC
(Digest by: Solicitor General Oropel)
Facts:
GSIS dismissed 6 employees as being
notoriously undesirable for allegedly being
found to be connected with irregularities in the
canvass of supplies and materials.
Five of the dismissed employees appealed to
the Merit System Board and it found the
dismissal illegal because it was effected without
formal charges having been filed or an
opportunity given to the employees to answer.
It ordered the remand of the cases to the GSIS.
GSIS appealed to the Civil Service Commission
and CSC ruled that the dismissals were truly
illegal. GSIS then appealed to the SC to which it
denied GSIS’ petition. This had become final.
The heirs of Namuco and Manuel filed a motion
for execution of the CSC resolution, but this was
opposed by the GSIS. CSC granted the motion
and directed GSIS to “pay the compulsory
heirs…for the period from the date of their
illegal separation up to the date of their
demise.”
Issue: Does the CSC have the power to execute
its judgments and final orders or resolutions?
Ruling: Yes.
The Civil Service Commission is a constitutional
commission invested by the Constitution and
relevant laws not only with authority to
administer the civil service, but also with quasi-
judicial powers. It has the authority to hear and
decide administrative disciplinary cases
instituted directly with it or brought to it on
appeal. The Commission shall decide by a
majority vote of all its Members any case or
matter brought before it within sixty days from
the date of its submission for decision or
resolution, subject to appeal to the Supreme
Court on certiorari by any aggrieved party within
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thirty days from receipt of a copy thereof. It has Another concept is the determination of
the power, too, sitting en banc, to promulgate whether the agency is exercising ministerial or
its own rules concerning pleadings and practice discretionary duties. This is important because
before it or before any of its offices, which rules there are different remedies.
should not however diminish, increase, or
modify substantive rights. What is the difference between ministerial or
discretionary duties?
It would appear absurd to deny to the Civil Ministerial Discretionary
Service Commission the power or authority to One so clear and One by its nature
enforce or order execution of its decisions, specific so as to leave requires the exercise
resolutions or orders which, it should be no room for the of judgment
stressed, it has been exercising through the exercise of discretion
years. It would seem quite obvious that the in its performance.
authority to decide cases is initial unless In obedience to a Gives the officer the
accompanied by the authority to see that what mandate of legal right to decide how or
has been decided is carried out. Hence, the authority without when the duty shall be
grant to a tribunal or agency of adjudicatory regard to or the performed
power, or the authority to hear and adjudge exercise of his own
cases, should normally and logically be deemed judgment upon the
to include the grant of authority to enforce or propriety of the act
execute the judgments it thus renders, unless done
the law otherwise provides. Remedy: Remedy:
“Sec. 3, Rule 65 “Sec.1, Rule 65
When an agency is tasked to implement the law, Petition for Mandamus Petition for Certiorari
what if there are 2-3 persons who will avail of the -When any tribunal, -When any tribunal,
same relief. Like in CENRO, 2-3 persons will avail corporation, board, board or officer
of a free patent of the same parcel of land. What officer or person exercising judicial or
will the agency do? unlawfully neglects the quasi-judicial functions
Determine who among the applicants has the performance of an act has acted without or in
better right over the land through the which the law excess of its or his
determination of the facts. You gather facts and specifically enjoins as a jurisdiction, or with
investigate. duty resulting from an grave abuse of
office, trust, or station, discretion amounting
What is that function? or unlawfully excludes to lack or excess of
In most cases therefore, if an agency is granted another from the use jurisdiction and there is
quasi-legislative power they are also given the and enjoyment of a no appeal, or any
power to adjudicate right or office to which plain, speedy and
such other is entitled, adequate remedy in
What do you mean by adjudicate? and there is no other the ordinary course of
Decide on conflicting claims of rights plain, speedy and law, a person
adequate remedy in aggrieved thereby may
Does it follow that if an agency is given quasi- the ordinary course of file a verified petition
legislative power, it is also given quasi-judicial law, the person in the proper court…
power? aggrieved thereby may xxx”
No. It doesn’t follow. But most likely yes. It file a verified petition
should be expressly granted in the law creating in the proper court…
it. xxx”

Take for example, there is a law granting the
PNP to issue Police Clearance, there is nothing
to adjudicate there. That is ministerial. But for
example, in the Local Civil Registrar, when you
apply for a marriage license, the LCR has to
investigate and adjudicate whether you are
qualified to marry (18 years and above etc etc)
(Nagstorytelling si Atty about sa Roble Shipping
na nasayop ug remedy)
Can the agency rectify its own mistakes? Is the
State bound by the mistakes of its officers?
Yes the agency may rectify their own mistakes
and the Government is not bound by the
mistakes of its officers, unless a vested right has

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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
already been granted then such may not be
disturbed.
How do you view the work of the administrative
agencies and its officers?
Should they be presumed regularly or
irregularly?
Regularly because there is a presumption of
regularity.
May the public officer be held personally liable
for damages or injury that a third party may
sustain because of an erroneous decision or the
discharge of his function?
No. Public officials are not liable because of the
presumption of regularity. EXCEPT if they have
exceeded their authority or they acted in bad
faith.
Atty M: When the official acted in excess or lack
of authority, they are presumed to act on their
own and therefore, they will be liable.
(Further discussion in Page 21-23 in Agpalo)
If a body is granted the power to investigate,
does it also follow that such body has the power
to issue subpoenas?
No. It must be expressly provided because the
issuance of subpoena is a judicial function. If
you have the power to issue subpoena, it also
carries with it the power to cite in contempt and
such must be expressly given.
If a body is granted the power to adjudicate,
does it also follow that it has the power to
execute?
Yes. It is implied.
The grant of judicial or quasi-judicial power to try
actions carry with it the following powers:
1. All necessary and incidental powers to
employ writs, processes and other means
essential to make its jurisdiction effective.
2. To issue and promulgate rules of procedure
for the proper exercise of adjudicatory
power, even though the enabling law is
silent on the matter
3. Power to execute
What is jurisdiction?
The power and authority to decide cases of
particular conflicting claims.
Who vests jurisdiction upon the courts?
Congress, except in the Supreme Court because
the Constitution vests jurisdiction upon the SC.
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Therefore, jurisdiction is defined by law. An
agency can only act upon a particular issue if it is
granted jurisdiction by law.
Carino v. CHR
CHR only has investigatory powers and cannot
and should not decide on the merits involving
the striking of teachers even if there is an
allegation that the rights of the teachers had
been transgressed.
“The Commission on Human Rights simply has
no place in this scheme of things. It has no
business intruding in to the jurisdiction and
functions of the Secretary of Education...xxx”
2 Tests to determine if there is valid delegation
of the legislative power
Completeness test- the law must be complete in
all its items and conditions when it leaves the
legislature such that when it reaches the
delegate the only thing he will have to do is
enforce it.
Sufficient Standard Test- legislature must
declare the policy or purpose of the law and
must fix the legal principles which are to control
in given cases by setting up standards or guides
to indicate the extent, and prescribe the limits
of the discretion which may be exercised under
the statute by the administrative agency.
Will the IRRs promulgated by the body, have the
force and effect of a law?
Yes.
Atty M: When an agency determines the facts,
the facts are primarily given weight. Because
they have the competence to ascertain such
facts.
A prior criminal case decided in favor of an
accused will not constitute res judicata over an
administrative case filed over the same accused
because the quantum of evidence needed in
criminal cases is different from administrative
cases. In criminal cases, the quantum of proof
needed is proof beyond reasonable doubt while
in administrative cases, it is substantial
evidence.
What is needed before the IRR becomes
effective?
Publication
Toledo v CSC
(Digest by Solicitor General Oropel)
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
Facts:
Toledo was appointed as Manager of the
Education and Information Department of
COMELEC. At that time, he was already more
than 57 years old and it was the first time he
joined government service. His appointment
papers were endorsed by COMELEC to the CSC
for approval. However, no prior request for
exemption from Section 22, Rule III of the CSC
Rules on Personnel Actions and Policies
(CSRPAP) was secured, as this provision
prohibits the appointment of persons 57 years
old or above into government service without
prior approval by the CSC.
COMELEC, upon discovery of the lack of
authority, declared the employment of Toledo
as void. When he appealed to CSC, it affirmed
the decision of COMELEC (GSC 89-468).
Issue: Does the CSRPAP need to be published in
the Official Gazette or any newspaper of general
circulation in order to be valid?
Ruling: Yes.
The CSRPAP cannot be considered effective as
of the time of the application to Toledo of a
provision thereof, for the reason that said rules
were never published, as is admitted on all
sides. The argument that the CSRPAP need not
be published, because they were "a mere
reiteration of existing law" and had been
"circularized" flies in the teeth of the explicit
and categorical requirement of PD 807 that
rules and regulations for carrying into effect the
provisions of the Decree shall become effective
thirty (30) days after publication in the Official
Gazette or in any newspaper of general
circulation." Moreover, the CSRPAP cannot
properly be considered a mere reiteration of
existing law, for as already discussed, the
implementing rule governing 57-year old
persons is invalid and cannot in any sense be
considered "existing law."
Does an agency exercising quasi-legislative
power, have the power to hear cases? (Atty M:
Corona case will answer the question)
Corona v United Harbor
(Digest by Solicitor General Oropel)
Facts:
Philippine Ports Authority was created to
control, regulate and supervise pilots and the
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pilotage profession. When it promulgated the
“Rules and Regulations Governing Pilotage
Services”, aspiring pilots were required to be
holders of pilot licenses and must train as
probationary pilots in outports for three months
and in the Port of Manila for four months. After
they have achieved satisfactory performance,
they are given permanent and regular
appointments by the PPA itself to exercise
harbor pilotage until they reach the age of 70,
unless sooner removed by reason of mental or
physical unfitness by the PPA General Manager.
PPA, through GM Rogelio Dayan, issued PPA-AO
04-92 limiting the term of appointment of
harbor pilots to one year, subject to yearly
renewal or cancellation. United Harbor
Association question the AO before the DoTC,
but they were informed by DoTC Secretary
Garcia that the matter of reviewing, recalling or
annulling PPA’s issuances lies exclusively in its
BOD as its governing body. They appealed to the
Office of the President but it was eventually
dismissed.
Issue: Does PPA-AO-04-92 violate the rights of
respondents against deprivation of property
without due process of law when they were not
consulted when the questioned AO was
promulgated?
Ruling: No.
Section 1 of the Bill of Rights lays down what is
known as the "due process clause" of the
Constitution:
"SEC. 1. No person shall be deprived of life,
liberty, or property without due process of law, .
. ."
In order to fall within the aegis of this provision,
two conditions must concur, namely, that there
is a deprivation and that such deprivation is
done without proper observance of due
process. When one speaks of due process of
law, however, a distinction must be made
between matters of procedure and matters of
substance. In essence, procedural due process
"refers to the method or manner by which the
law is enforced," while substantive due process
"requires that the law itself, not merely the
procedures by which the law would be
enforced, is fair, reasonable, and just."
As a general rule, notice and hearing, as the
fundamental requirements of procedural due
process, are essential only when an
administrative body exercises its quasi-judicial
function. In the performance of its executive or
legislative functions, such as issuing rules and
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
regulations, an administrative body need not
comply with the requirements of notice and
hearing.
Atty M:
General Rule: IRRs do not require hearing
Exception: Rate-fixing power, needs hearing
(Philcomsat v. Alcuaz)
PhilComSat v Alcuaz
(Digest by Solicitor General Oropel)
Facts:
PhilComSat (PCS) was granted a franchise to
establish, construct, maintain and operate in the
Philippines facilities for international satellite
communications. it was likewise granted the
authority to "construct and operate such ground
facilities as needed to deliver
telecommunications services from the
communications satellite system and ground
terminal or terminals."
Under Section 5 of Republic Act No. 5514,
petitioner was exempt from the jurisdiction of
the then Public Service Commission, now
respondent NTC. However, pursuant to
Executive Order No. 196 issued on June 17,
1987, petitioner was placed under the
jurisdiction, control and regulation of
respondent NTC, including all its facilities and
services and the fixing of rates. Implementing
said Executive Order No. 196, respondents
required petitioner to apply for the requisite
certificate of public convenience and necessity
covering its facilities and the services it renders,
as well as the corresponding authority to charge
rates therefor.
Petitioner filed with respondent NTC an
application 4 for authority to continue operating
and maintaining the same facilities it has been
continuously operating and maintaining since
1967, to continue providing the international
satellite communications services it has likewise
been providing since 1967, and to charge the
current rates applied for in rendering such
services.
Petitioner was granted a provisional authority to
continue operating its existing facilities, to
render the services it was then offering, and to
charge the rates it was then charging. This
authority was valid for six (6) months from the
date of said order. When said provisional
authority expired on March 17, 1988, it was
extended for another six (6) months, or up to
September 16, 1988.
The NTC order now in controversy had further
extended the provisional authority of the
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petitioner for another six (6) months, counted
from September 16, 1988, but it directed the
petitioner to charge modified reduced rates
through a reduction of fifteen percent (15%) on
the present authorized rates.
1st Issue: Is there undue delegation of legislative
power in the enabling act (EO 546) of NTC?
Ruling: No.
Fundamental is the rule that delegation of
legislative power may be sustained only upon
the ground that some standard for its exercise is
provided and that the legislature in making the
delegation has prescribed the manner of the
exercise of the delegated power. Therefore,
when the administrative agency concerned,
respondent NTC in this case, establishes a rate,
its act must both be non-confiscatory and must
have been established in the manner prescribed
by the legislature; otherwise, in the absence of a
fixed standard, the delegation of power
becomes unconstitutional. In case of a
delegation of rate-fixing power, the only
standard which the legislature is required to
prescribe for the guidance of the administrative
authority is that the rate be reasonable and just.
However, it has been held that even in the
absence of an express requirement as to
reasonableness, this standard may be implied.
2nd Issue: Does the questioned order violate
procedural due process because it was issued
without a hearing?
Ruling: Yes.
Where the function of the administrative body
is legislative, notice of hearing is not required by
due process of law; Aside from statute, the
necessity of notice and hearing in an
administrative proceeding depends on the
character of the proceeding and the
circumstances involved. In so far as
generalization is possible in view of the great
variety of administrative proceedings, it may be
stated as a general rule that notice and hearing
are not essential to the validity of administrative
action where the administrative body acts in the
exercise of executive, administrative, or
legislative functions; but where a public
administrative body acts in a judicial or quasi-
judicial matter, and its acts are particular and
immediate rather than general and prospective,
the person whose rights or property may be
affected by the action is entitled to notice and
hearing.
The order in question which was issued by
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
respondent Alcuaz no doubt contains all the
attributes of a quasi-judicial adjudication.
Foremost is the fact that said order pertains
exclusively to petitioner and to no other.
Further, it is premised on a finding of fact,
although patently superficial, that there is merit
in a reduction of some of the rates charged —
based on an initial evaluation of petitioner's
financial statements — without affording
petitioner the benefit of an explanation as to
what particular aspect or aspects of the financial
statements warranted a corresponding rate
reduction.
Rizal Empire Insurance v NLRC
(Digest by Solicitor General Oropel)
Facts:
Coria was hired by Rizal Empire as a casual
employee with a salary of P10 a day. He was
then made a regular employee with a monthly
salary of P300. In the same year, he was
transferred to the Claims Department and his
salary increased to P450 a month. He was again
transferred to the Underwriting Department
and then had a salary of P580 plus COLA. Then
he was transferred to the Fire Division with a
monthly salary of 685 plus COLA and other
benefits.
He was dismissed from work on the grounds of
tardiness and unexcused absences. He filed a
complaint with MOLE and he was reinstated.
Petitioner filed an appeal with the NLRC which
was eventually dismissed for being filed out of
time.
Issue: Should the Revised Rules of the NLRC be
construed liberally just like the Rules of Court?
Ruling: No.
The Revised Rules of the National Labor
Relations Commission are clear and explicit and
leave no room for interpretation.
Moreover, it is an elementary rule in
administrative law that administrative
regulations and policies enacted by
administrative bodies to interpret the law which
they are entrusted to enforce, have the force of
law, and are entitled to great respect.
Under the above-quoted provisions of the
Revised NLRC Rules, the decision appealed from
in this case has become final and executory and
can no longer be subject to appeal.
Does the Supreme Court have the power to
abrogate the IRRs of an administrative agency?
AY 2017-2018 SECOND
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Yes.
Section 5. The Supreme Court shall have the
following powers:
1) Exercise original jurisdiction over cases
affecting ambassadors, other public
ministers and consuls, and over petitions for
certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders
of lower courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower
court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of
law is involved.
(3) Assign temporarily judges of lower courts to
other stations as public interest may require.
Such temporary assignment shall not exceed six
months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all courts,
the admission to the practice of law, the
integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil
Service Law.
Atty M: you must file something that the rule is
unreasonable so and so. You have to relate that
to the rule making power of the Supreme Court.
It has the power to disapprove.
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
Which shall prevail? The IRRs of the agency or
the Rules of Court?
The IRR because it is a basic rule in statutory
construction that the special rule applies. If the
Rule is silent as to a particular matter, then you
go to the Rules of Court.
Will the technical Rules of Procedure govern in
quasi-judicial cases?
In administrative bodies, exercising quasi-
judicial power, the technical rules of evidence
will not apply.
Atty M: In quasi-judicial proceedings the right to
cross-examine the witness is not a matter of
right.
UP Board of Regents v. CA
Private respondent herein is a citizen of India
and a holder of a Philippine visitor's visa. She
enrolled in a doctoral program in anthropology
of the University of the Philippines. After
completing her units of course work required in
her doctoral program, she left the country to
work in Rome. After two years, she returned to
the Philippines to work on her dissertation.
Upon her presentation of her dissertation for
approval to the panel, Dr.
Medina, a dean's representative to the panel,
noticed that some portions of her work were
lifted from other works without the proper
acknowledgement. Nonetheless, she was
allowed to defend her dissertation. She passed
her oral defense, which was approved by four of
the five panelists with the condition that she
shall incorporate certain amendments to the
final copy of her dissertation. However, in her
final submission of the copy of her dissertation,
she failed to incorporate the necessary
revisions. With this development, Dr. Medina
formally charged her with plagiarism and
recommended that the doctorate granted upon
her be withdrawn. After an investigation, the
College of Social Sciences and
Philosophy (CSSP) College Assembly
recommended the withdrawal of her doctorate
degree, which was approved by the U.P. Board
of Regents. Private respondent filed a petition
for mandamus with prayer for a writ of
preliminary injunction and damages against
petitioners herein, alleging that they had
unlawfully withdrawn her degree without
justification. The trial court dismissed her
petition.
However, on appeal, the Court of
Appeals reversed the lower court's decision.
AY 2017-2018 SECOND
SEMESTER
Hence, this petition.
Ruling:
Under the U.P. Charter, the Board of Regents is
the highest governing body of the
University of the Philippines. 38 It has the power
to confer degrees upon the recommendation of
the University Council. 39 It follows that if the
conferment of a degree is founded on error or
fraud, the Board of Regents is also empowered,
subject to the observance of due process, to
withdraw what it has granted without violating a
student's rights. An institution of higher learning
cannot be powerless if it discovers that an
academic degree it has conferred is not
rightfully deserved. Nothing can be more
objectionable than bestowing a university's
highest academic degree upon an individual
who has obtained the same through fraud or
deceit. The pursuit of academic excellence is the
university's concern. It should be empowered,
as an act of self-defense, to take measures to
protect itself from serious threats to its
integrity.
First Lepanto v. CA
The Constitution now provides in Art. VI, Sec. 30
that "No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice
and concurrence."
This provision is intended to give the Supreme
Court a measure of control over cases placed
under its appellate jurisdiction. For the
indiscriminate enactment of legislation
enlarging its appellate jurisdiction can
unnecessarily burden the Court and thereby
undermine its essential function of expounding
the law in its most profound national aspects.
Now, Art. 82 of the 1987 Omnibus Investments
Code, by providing for direct appeals to the
Supreme Court from the decisions and Final
orders of the BOI, increases the appellate
jurisdiction of this Court. Since it was enacted
without the advice and concurrence of this
Court, this provision never became effective,
with the result that it can never be deemed to
have amended BP Blg. 129, Sec. 9.
Consequently, the authority of the Court of
Appeals to decide cases appealed to it from the
BOI must be deemed to have been conferred by
B.P. Blg. 129, Sec. 9, to be exercised by it in
accordance with the procedure prescribed by
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
Circular No. 1-91. Indeed, there is no reason
why decisions and final orders of the BOI must
be directly appealed to this Court. As already
noted in the main decision in this case, the
purpose of Sec. 9 of B.P. Blg. 129 is to provide
uniform appeals to the Court of Appeals from
the decisions and final orders of all quasi-judicial
agencies, with the exception only of those
issued under the Labor Code and those
rendered by the Central Board of Assessment
Appeals.
It is, therefore, regrettable that in the adoption
of the Omnibus Investments Code of 1987 the
advice and concurrence of the Supreme Court,
as required by the Constitution, had not been
obtained in providing for the appeal of the
decisions and final orders of the BOI directly to
the Supreme Court.
Read the case of Var-Orient Shipping v.
Achacoso
(Nag-storytelling si Atty about sa katong nay
sexual harassment case; There is no evidence to
prove the allegation)
Atty M: However in administrative proceedings,
what is needed is merely substantial evidence
What is substantial evidence?
That amount of evidence that will convince a
reasonable mind as to a conclusion of fact.
Remember: As long as there is an opportunity to
be heard. This brings us to another issue:
In administrative proceedings, is it necessary that
there should be a trial type hearing?
No. Because you can be heard in so many ways,
either by memorandum, by personal
appearance, verbal, etc. Hearing type of trial is
not necessary, what is important is to afford the
person an opportunity to be heard.
(Nagstorytelling si Atty about atong nay plant na
cause sa Cholera outbreak nya ang manager di
mudawat sa summons)
Then, for the first time he appeared and filed a
motion for reconsideration. He argued that he
was denied of due process. Was there a denial of
due process?
No. The motion for reconsideration cured the
defect of the lack of notice. In administrative
proceedings, trial type hearing is not necessary,
what is important is that there is an opportunity
to be heard.
AY 2017-2018 SECOND
SEMESTER
Atty M: That explains why in labor cases, you can
actually submit photocopies only.
What are the requisites for administrative due
process? Case of Ang Tibay
(Wa na assign kay na assign daw ni sa Consti 2 –
ingon si Atty Ang Malig-on daws bisaya
hahahahlolszx)
(1) there must be a right to a hearing, which
includes the right to present one's case and
submit evidence in support thereof;
(2) the tribunal must consider the evidence
presented;
(3) the decision must have some basis to
support itself;
(4) the evidence must be substantial;
(5) the decision must be based on the evidence
presented at the hearing, or at least contained
in the record and disclosed to the parties
affected;
(6) the tribunal or body or any of its judges must
act on its own independent consideration of the
law and the facts of the controversy, and not
simply accept the views of a subordinate;
(7) the board or body should, in all controversial
questions, render its decision in such a manner
as would allow the parties to know the various
issues involved and the reason for the decision
rendered.
BASIC DUE PROCESS REQUIREMENTS
1st- Jurisdiction must acquired
2nd- Right to be Heard (notices)
3rd- Cold neutrality of an impartial judge (cold,
meaning way relation way gugma hahahshet)
(Maong nag blindfold si ate girl kay nauwaw siya
hahaha)
The decision rendered by the administrative
agency must contain the legal basis and be
based on the facts and the evidence on record.
Section 14, Art. 8 1987 Constitution.
No decision shall be rendered by any court
without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for
reconsideration of a decision of the court shall
be refused due course or denied without stating
the legal basis therefor.
General rule: the right to cross-examine is not
available in quasi-judicial proceedings
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
Except: When the rules of the particular
administrative body provides for such right.
Atty M: The right to counsel is not also a matter
of right in quasi-judicial proceedings; but if it is
granted under the statue itself or the rules of
procedure in that particular office, then that
becomes a demandable right.
Are there instances when the act of an
administrative agency can be validly made even
without affording first the right to be heard?
Yes. Preventive Suspension is an example. But
Suspension as a penalty should only be imposed
after a hearing.
How about abatement of nuisance?
Yes. The administrative agency may issue cease
and desist orders to preserve rights. When the
exigencies of service require.
Example:
Service of notices Hearing (to give
Issuance of TPO to to the party to the party an
preserve rights whom the TPO is opportunity to be
directed heard)
If an administrative body exercises adjudicatory
power, can you appeal the judgment?
Yes.
Is appeal therefore, a constitutional right?
No. Appeal is not a constitutional right, it is
merely statutory. If the remedy of appeal is not
granted in the statute of the administrative
agency, then the aggrieved party may not avail
of such remedy.
Atty M: Under the Administrative Code, the
decisions made by the bodies are appealable. It is
the Administrative Code that provides it, but
there are so many other agencies not created
under the Administrative Code and have their
respective charters. You cannot say that the
remedy of appeal under the Rules of Court shall
apply suppletorily and such will not violate due
process.
When do you appeal?
Depends on the rules of the office. Under the
Administrative Code, it is 15 days.
Is there res judicata in the decisions of quasi-
judicial agencies?
Yes. It applies.
What is res judicata?
AY 2017-2018 SECOND
SEMESTER
When a decision has been final and executory,
such cannot be disturbed; Barred by prior
judgment
FORTICH V. CORONA
Facts:
The alleged farmer-beneficiaries strikers
protested the March 29, 1996 decision of the
Office of the President (OP), which approved the
conversion of a 144-hectare land from
agricultural to agro-industrial institutional area.
This led the OP, through then Deputy Executive
Secretary Renato C. Corona, to issue the so-
called "Win-Win" Resolution on November 7,
1997, substantially modifying its earlier decision
after it had already become final and executory.
The said Resolution modified the approval of
the land conversion only to the extent of 44
hectares, and ordered the remaining 100
hectares to be distributed to qualified farmer-
beneficiaries.
The petitioners now seek to annul and set aside
the "Win Win" Resolution and to enjoin
respondent Secretary Garilao of the Department
of Agrarian Reform from implementing the said
Resolution.
Issue:
Whether or not the Win Win Resolution is valid?
Ruling:
When the Office of the President issued the
Order dated June 23, 1997 declaring the
Decision of March 29, 1996 final and executory,
as no one has seasonably filed a motion for
reconsideration thereto, the said Office had lost
its jurisdiction to re-open the case, more so
modify its Decision. Having lost its jurisdiction,
the Office of the President has no more
authority to entertain the second motion for
reconsideration filed by respondent DAR
Secretary, which second motion became the
basis of the assailed "Win-Win" Resolution.
The orderly administration of justice requires
that the judgments/resolutions of a court or
quasi-judicial body must reach a point of finality
set by the law, rules and regulations. The noble
purpose is to write finis to disputes once and for
all. This is a fundamental principle in our justice
system, without which there would be no end to
litigations. Utmost respect and adherence to
1 John 5:15|| JAN P. 2018 ||
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this principle must always be maintained by YES

those who wield the power of adjudication. Any
act which violates such principle must
immediately be struck down.
Atty M: You have to relate this, remember when I
said that the State will not be bound by the
mistakes of its officers. But it does not apply
when there are vested rights or decisions that
have become final and executory. Because res
judicata applies.
Can the agency execute its judgment?
Yes. Even in the absence of the law stating that
it may execute its judgment. The power to
adjudicate carries with it the power to execute
the judgment.
If the law is silent that the agency may grant
damages, may such agency award damages?
Yes. It is part of the implied power of the
agency. Otherwise, there will be multiplicity of
suits.
Exception is when there is estoppel. Read the
case of Tijam v. Sibonghanoy
Tijam v. Sibonghanoy
FACTS: Tijam filed for recovery of P1,908 + legal
interest from Sibongahanoy. Defendants filed a
counter bond with Manila
Surety and Fidelity Co (Surety). Judgement was
in favour of the plaintiffs, a writ of execution
was issued against the defendant. Defendants
moved for writ of execution against surety
which was granted. Surety moved to quash the
writ but was denied, appealed to CA without
raising the issue on lack of jurisdiction.
RATIO: SC believes that that the Surety is now
barred by laches from invoking this plea after
almost fifteen years before the Surety filed its
motion to dismiss raising the question of lack of
jurisdiction for the first time - A party may be
estopped or barred from raising a question in
different ways and for different reasons. Thus
we speak of estoppel in pais, or estoppel by
deed or by record, and of estoppel by laches.
Laches, in a general sense is failure or neglect,
for an unreasonable and unexplained length of
time, to do that which, by exercising due
diligence, could or should have been done
earlier - Furthermore, it has also been held that
after voluntarily submitting a cause and
encountering an adverse decision on the merits,
it is too late for the loser to question the
jurisdiction or power of the court -"undesirable
practice" of a party submitting his case for
decision and then accepting the judgment, only
if favorable, and attacking it for lack of
jurisdiction, when adverse.
DOCTRINE OF PRIMARY JURISDICTION AND THE
EXHAUSTION OF ADMINISTRATIVE REMEDIES
Atty M: We have to distinguish because there are
different remedies
In the exercise of In the exercise of
Quasi-Judicial Power Quasi-legislative Power
What is the remedy? What is the remedy?
Exhaustion of Not exhaustion of
administrative administrative
remedies remedies but question
the constitutionality of
the act; you normally
file it in the RTC

CA affirmed the appealed decision. Surety then What will be the

filed Motion to Dismiss on the ground of lack of ground?
jurisdiction against CFI Cebu in view of the You will allege that the
effectivity of Judiciary Act of 1948 a month act is patently
before the filing of the petition for recovery. Act unconstitutional or
placed original exclusive jurisdiction of inferior you will allege that the
courts all civil actions for demands not agency abused its
exceeding 2,000 exclusive of interest. CA set discretion amounting
aside its earlier decision and referred the case to lack or excess of
to SC since it has exclusive jurisdiction over "all jurisdiction
cases in which the jurisdiction of any inferior
court is in issue. Atty M: Your typical
action is a petition for
ISSUE: WON Surety bond is estopped from certiorari under Rule
questioning the jurisdiction of the CFI Cebu for 65
the first time upon appeal.
Illustrative Cases:
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Harbor Pilots and covering 29,500 hectares of forest land in

Smart NTC Zamboanga del Sur, for a period of ten years
expiring on September 31, 1992.
Example:
A complaint for injunction with damages was
Supreme Court via Rule 65,
petition for Certiorari
filed against the petitioner, which was docketed
as Civil Case No. 2732 in the Regional Trial Court
of Pagadian City.

If the Rule is silent, Rule 43 to

If the Rules provide for appeal to
the office of the President, then
the Court of Appeals appeal to the Office of the
President
Secretary of the DENR
The petitioner moved to dismiss this case on
three grounds, to wit: 1) the court had no
jurisdiction over the complaint; 2) the plaintiffs
had not yet exhausted administrative remedies;
and 3) the injunction sought was expressly
prohibited by Section 1 of PD 605.

Judge Alfonso G. Abad denied the motion to

dismiss on December 11, 1987, 1 and the
Regional Director of the DENR
(actually makes the decision
motion for reconsideration on February 15,
whether or not to grant if there
is a contest) This is an exercise of
1988. 2 The petitioner then elevated the matter
quasi-judicial funtion to the respondent Court of Appeals, which
sustained the trial court in a decision. The Court
of Appeals held that the doctrine of exhaustion
Free Patent Application in of administrative remedies was not without
CENRO
exception and pointed to the several instances
approved by this Court where it could be
dispensed with.
What is the Exhaustion of Administrative
Remedies? Issue:
Where a claim in cognizable in the first instance
by the administrative agency and judicial Whether or not there was a correct application
interference being withheld until the of the doctrine of exhaustion of administrative
administrative process has run its course remedies
(Agpalo, p. 170)
Ruling:
Atty M’s definition: All available administrative
remedies should be exhausted before going to We rule for the petitioner.
court. Otherwise, your action will be dismissed
for being premature. It will be dismissible under The charge involves factual issues calling for the
Rule 16, Failure to comply with a condition presentation of supporting evidence. Such
precedent. evidence is best evaluated first by the
administrative authorities, employing their
So if the Rule is silent, you may now go to the specialized knowledge of the agreement and the
CA via Rule 43. There you will allege that you rules allegedly violated, before the courts may
have already exhausted all available step in to exercise their powers of review.
administrative remedies.
The doctrine of exhaustion of administrative
Is there an instance where you will have to remedies calls for resort first to the appropriate
exhaust the remedy? The case of Sunville administrative authorities in the resolution of a
Products controversy falling under their jurisdiction
before the same may be elevated to the courts
Sunville Timber Products v. Abad of justice for review. Nonobservance of the
Facts: doctrine results in lack of a cause of action,
which is one of the grounds allowed in the Rules
The petitioner was granted a Timber License of Court for the dismissal of the complaint. The
Agreement (TLA), authorizing it to cut, remove deficiency is not jurisdictional. Failure to invoke
and utilize timber within the concession area it operates as a waiver of the objection as a
1 John 5:15|| JAN P. 2018 ||
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ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON
ground for a motion to dismiss and the court
may then proceed with the case as if the
doctrine had been observed.
One of the reasons for the doctrine of
exhaustion is the separation of powers, which
enjoins upon the Judiciary a becoming policy of
non-interference with matters coming primarily
(albeit not exclusively) within the competence
of the other departments. The theory is that the
administrative authorities are in a better
position to resolve questions addressed to their
particular expertise and that errors committed
by subordinates in their resolution may be
rectified by their superiors if given a chance to
do so. A no less important consideration is that
administrative decisions are usually questioned
in the special civil actions of certiorari,
prohibition and mandamus, which are allowed
only when there is no other plain, speedy and
adequate remedy available to the petitioner. It
may be added that strict enforcement of the
rule could also relieve the courts of a
considerable number of avoidable cases which
otherwise would burden their heavily loaded
dockets.
Among these exceptional cases are:
1) when the question raised is purely legal;
2) when the administrative body is in estoppel;
3) when the act complained of is patently illegal;
4) when there is urgent need for judicial
intervention;
5) when the claim involved is small;
6) when irreparable damage will be suffered;
7) when there is no other plain, speedy and
adequate remedy;
8) when strong public interest is involved;
9) when the subject of the controversy is private
land; and
10) in quo warranto proceedings.
Reasons for the Doctrine of Exhaustion of
Administrative Remedies
1. The administrative agency if afforded a
complete chance to pass upon the matter,
will decide the same correctly.
2. Intended to provide less expensive and
more speedy resolution to disputes
3. Administrative agencies are in a better
position to resolve questions addressed to
their particular expertise and that errors
committed by their subordinates in the their
resolution may be rectified by their
superiors if given a chance to do so
4. Declog court dockets
AY 2017-2018 SECOND
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If the secretary grants the petition, after 1 year
the president reverses such. Can the president
do that?
-when a case is decided pursuant to the exercise
of quasi-judicial power, the decision attains
finality and therefore, res judicata applies. Read
Corona v. Fortich
Atty M: The correct reasoning there is that
where the agency is exercising quasi-judicial res
judicata applies. But if the administrative agency
is exercising quasi-legislative powers, there is no
res judicata. This is where you apply the
principle that the State cannot be bound by the
mistakes of its officers. There will be a violation
of due process if the judgment has already
vested rights upon the parties.
Atty M: When the secretaries sit in the Board of
Directors in GOCCs created by law, they sit
there not as alter egos of the President but as
ex-officio members. Therefore, their decisions
cannot be changed by the President. They act as
members of the board; you understand the limit
of the power of supervision and control.
Remember that GOCCs are not directly under
the control of the President. (nag sort of hint si
sir na balikon ug ask).
Atty M: Even if you came from the Regional
Director you are required to exhaust the
available administrative remedies, if your case
falls under any of the exceptions you may
directly go to the Supreme Court via Rule 65.
(PLEASE TAKE NOTE OF THE EXCEPTIONS
ENUMERATED UNDER THE SUNVILLE CASE)
What is the ground?
Aside from the fact that you are invoking the
exception, you must allege that there is no
other plain, adequate and speedy remedy.
Atty M: All rules of procedure under the
executive branch shall be uniform. They follow
only the Administrative Code, but the
Ombudsman, has its own rules. This is because
the Ombudsman was created by the
Constitution.
2 cases can be filed by the Ombudsman
1. Administrative case- you can appeal to the
Court of Appeals via rule 43
Example:
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if your client is suspended, you may file an MR

or appeal to the Court of Appeals
2. Criminal case- after the Ombudsman
decides on the case, it shall be filed in the
Sandiganbayan, etc no remedy of appeal;
This is one of the instances where appeal is not
provided for. Now, is there a violation of due
process?
No. Because appeal is not a constitutional right,
it is merely statutory. It is only when the law
provides for an appeal that you may demand it.
In the case of the Ombudsman, is there appeal?
No. Because the law does not provide it.
But is there a remedy?
Through certiorari under Rule 65 to the
Supreme Court
Words of Wisdom ni Atty: I’m not saying I don’t
make mistakes, I make mistakes pero i-minimize
lang. Forgivable na mistakes lang. It’s okay to lose
the case on the merits.
If it is [judgment] final and executory, can the
agency execute the judgment?
Yes.
So if ever, muabot sa Supreme Court or CA ang
inyong administrative case, if naa nay judgment
ibalik na didtos agency for execution. (Reason ni
Atty: Unsa may labot sa supreme court ana?
Lolsxz)
Can you still challenge the final and executory
decision?
No. Even if the judgment is erroneous. That is
the rule on res judicata the judgment remains
binding.

Atty M: If you do not exhaust the administrative It cannot be disturbed anymore even if it is
remedies your action will normally be certiorari erroneous.
under Rule 65 and allege there is no other Exception (under the Rules of Court):
speedy and adequate remedy. Invoke the circumstances have changed
exceptions provided in the sunville case. If
mudiretso man guds CA kay ma dismiss man for What is the Concept of Primary Jurisdiction?
failure to exhaust administrative remedies or -applies where a claim is originally cognizable in
affirmative defense nang failure to exhaust the courts, the judicial process being suspended
administrative remedies. pending referral of certain issues to the
administrative agency for its views. (Agpalo, p
Summary of Rules: 170)
1. If the rules are silent, CA via Rule 43
2. If the rules provide for appeal to the Office of CONCEPT OF PRIMARY EXHAUSTION OF
the President, you appeal there UNLESS mag JURISDICTION ADMINISTRATIVE
certiorari ka diretso na mufall kas exceptions REMEDIES
+ allege that there is no other plain, -Judicial process is -Where there are
adequate and speedy remedy. suspended pending remedies available
referral of such issues under the agency, you
As a General Rule, under the Revised to the administrative have to exhaust such
Administrative Code: body for resolution. before taking the issue
15 days either MR or Appeal but this is not -If there is a law to court
applicable to all agencies. stating that issues of a
certain kind should be
It is a cardinal rule when you have an filed in a particular
administrative case, you have to get the Rules of agency, you should file
Procedure of the particular agency you do not it in the agency even if
assume that the reglementary periods are the such claim is
same for all agencies. cognizable under the
regular courts
Atty M: A petition for review kay appeal gihapon Example:
na, pero not mere notice of appeal, you file a In cases of ejectment either forcible entry or
petition jud baga na unlawful detainer mana, so dapat naa ang
Example: When you go to the NLRC you don’t jurisdiction naas MTC. What if imong client ni
just file a notice of appeal, you file a allege ug tenancy, then the jurisdiction must be
memorandum of appeal. (Nagstorytelling sa iya in DARAB, even if pwede unta to siya i-try sa
associate na nasayop ug file) regular courts. The court has no choice but to
1 John 5:15|| JAN P. 2018 ||
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 AY 2017-2018 SECOND
ADMINISTRATIVE LAW- UNIVERSITY OF SAN JOSE-RECOLETOS || ATTY. GONZALO MALIG-ON SEMESTER

suspend the judicial proceedings because that is

what the law says.

Can you add evidence on appeal?

Generally no, however in administrative
proceedings the strict rules of procedure are not
followed

TIPS:
Atty M: Mangutana tingae kog
1. unsay difference sa exhaustion of
administrative remedies sa doctrine of
primary jurisdiction
2. Exceptions sa exhaustion of administrative
remedies
3. A problem ug asa nimo ifile ang action. I
want to know if kahibaw mo asa ifile if sa
regular courts ba or sa administrative
agency
4. What should happen in a judicial review
(Ans: the case is opened and even if there
are issues that are not assigned, it will be
reviewed by the Supreme Court)
5. What can be subject to judicial review (Atty
M: Questions of law or Questions of fact; in
short, ga expect siyag mubasa tag chapter 7)
6. What is the attitude of the reviewing court
over the factual findings of the
administrative agencies? The factual findings
of administrative agencies are given great
weight and are generally conclusive unless
not supported with evidence

Can you add evidence on appeal?

Generally, no. Since administrative agencies do
not apply the technical rules of procedure, you
may add evidence on appeal. However, if the
rules of the agency provide that you MAY NOT,
then you cannot add evidence on appeal.
Bottomline is that you have to look into the
Rules of the Procedure of the particular agency.

1 John 5:15|| JAN P. 2018 ||

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