2. By Authorities of Law
A. GENERAL PRINCIPLES 3. Legislative Enactments
• Commission on Appointment5
B.2. MANNER OF CREATION
1. By Constitutional Provision
• SET6 Commissions
• JBC8
c. Other Constitutional Bodies
• Office of the Ombudsman9
Sandiganbayan, Ombudsman, Office of Special
• NEDA10 Prosecutor
• Agency of Cooperatives 11
• Central Monetary Authority, economic
• Independent Central Monetary Authority and Planning Agency
12
• CHR
• National Language Commission 13
• National Language Commission
• National Police Commission 14
• National Police Commission
• Consultative Body on Indigenous Cultural
Communities • Commission on Indigenous Cultural
Communities
• BOE
C. POWERS OF
• Insurance Commission
ADMINISTRATIVE
• Dangerous Drug Board AGENCIES
1. Quasi-legislative (Rule-making) Power
c. Executive Orders 2. Quasi-judicial (Adjudicatory) Power
3. Fact-finding, Investigative, Rate-fixing Power
4. Determinative Power
3. As to Hierarchy:
a. Office of the President and Cabinet
C.1. QUASI-LEGISLATIVE (RULE-
MAKING) POWER
b. Independent Constitutional
This is the exercise of delegated legislative power,
involving no discretion as to what the law shall be, but
merely the authority to fix the details in the execution or 2. Cannot make rules or regulations which are inconsistent
enforcement of a policy set out in the law itself. with the provision of the Constitution or statute.
3. Cannot defeat the purpose of the statute.
This is the authority delegated by the law-making body 4. May not amend, alter, modify, supplant, enlarge, or limit
to the administrative agency to adopt rules and the terms of the statute.
regulations intended to carry out the provisions of a law 5. A rule or regulation must be uniform in operation,
and implement a legislative enactment. reasonable and not unfair or discriminatory.
ASCERTAINMENT OF FACT
The mere fact that an officer is required by law 5. Must not restrict, expand, diminish, supplant or modify
(1) to inquire the existence of certain facts, and (2) the law
to apply the law thereto, in order to determine All administrative issuances must be in harmony with
what his official conduct shall be, and the fact that the law and must NOT modify it. In this case, it was an
these acts may affect private rights do not act of administrative legislation. (CIR v. CA)
constitute an exercise of Judicial Power, statutes
may give non-judicial officers the power (i) to EO 146 organized NTC as a 3-man commission. Thus
declare the existence of facts which call all memo circulars negating the collegial nature of
into operation the statute’s provisions, and (ii) to NTC are illegal. Administrative regulations derive their
ascertain appropriate facts as a basis for procedure validity from the statute that they intend to
in the enforcement of particular laws. Such implement. [GMCR v. Bell Telecommunications]
functions are merely incidental to the exercise of
power granted by law to clear navigable streams 6. Action will be set aside if there is an error of law, grave
of unauthorized obstructions. [Lovina v. Moreno, abuse or lack of jurisdiction clearly conflicting with either
G.R. No. L-17821 (1963) ] the letter or the spirit of the law
Sec 16 of RA 6657 provides that deposit must be made
only in cash or in LBP bonds. DAR exceeded the limits
FILLING IN OF DETAILS of its power to enact rules that allowed the opening
For necessity and as a means of enforcement and of a trust account in behalf of the land owner.
execution. [Alegre v. Collector of Customs, G.R. No. Function of promulgating rules and regulations may
L-30783 (1929)] be exercised only for the purpose of carrying the
provisions of the law into effect. Admin regulations
LIMITATIONS ON ADMINISTRATIVE RULE MAKING cannot extend the law and amend a legislative
enactment. [Landbank v. CA]
1. Must be authorized by law
The Legislature has not defined what shall be the 7. The basic law shall prevail as embodiment of the
standard or the type of leaf or manufactured tobacco legislative purpose; rules and regulations cannot go
which may be exported to the United States, or even beyond the laws terms and provisions
specified how or upon what basis the Collector
of Internal Revenue should fix or determine the 8. If there is discrepancy between the basic law and an
standard. All of that power is delegated to the administrative rule, the basic law prevails.
Collector of Internal Revenue. [Olsen v. Aldanese]
9. May not unilaterally impose a new legislative policy
2. Must not amend the law or must not be inconsistent requiring the adjustment of various other contending
with the law. policies.
Memo order is void because it is inconsistent with
law, since the RAC specifically provides for an appeal 10. May not dismantle a regulatory system that was set up
to the commissioner before he can review the case. by law
[Syman v. Jacinto]
11. May not be delegated to a mere constituent unit
3. Must not define a criminal act
The lawmaking body cannot delegate to an executive Publication and Effectivity
official the power to declare what acts should
constitute an offense. It can authorize the issuance of General Rule: In rule making, administrative agencies are not
regulations and the imposition of the penalty directly answerable to the people since administrative
provided for in the law itself. [People v. Macere] officers were not elected by the masses. Hence, there is a need
for publication and public participation.
4. Must be germane to the purpose of the law which it was
meant to implement Exception: Administrative rules and regulations must be
Commission later promulgated the Revised Civil Rules published if their purpose is to enforce or implement existing
which was published on the OG. Sec 5, Rule 6 provided law pursuant also to a valid delegation. [Nasecore v. ERC]
– a prohibition on the appointment of 57year olds and
above in the service. RA 2260 however contained no
provision prohibiting appointment in the Gov’t service
of any person who’s already 57 years old. This
prohibition was entirely a creation of the CSC. Thus
such rules cannot be accorded validity. [Toledo vs.
CSC]
ADMINISTRATIVE LAW POLITICAL LAW
A permanent register of all rules shall be kept by the issuing agency Effectivity: 15 days after publication, not 15 days from the
and shall be open to public inspection. date of filing with the UP law center. [Republic vs. Express
Tel.]
The fact that the 1993 Revised Rules were filed with the UP Exceptions:
Law Center on February 3, 1993 is of no moment. There is • Different date is fixed by law
nothing in the Administrative Code of 1987 which implies that • In case of imminent danger to public health, safety and
the filing of the rules with the UP Law Center is the operative welfare
act that gives the rules force and effect. The National
Administrative Register is merely a bulletin of codified rules Admin. Code Sec. 5. Publication and Recording
and it is furnished only to the Office of the President, The University of the Philippines Law Center shall:
Congress, all appellate courts, the National Library, other 1. Publish a quarter bulletin setting forth the text of rules
public offices or agencies as the Congress may select, and to filed with it during the preceding quarter; and
other persons at a price sufficient to cover publication and 2. Keep an up-to-date codification of all rules thus
mailing or distribution costs. Still, publication in the Official published and remaining in effect, together with a
Gazette or a newspaper of general circulation is a condition complete index and appropriate tables.
sine qua non before statutes, rules or regulations can take
effect. [Republic v. EXPRESS Telecommunications]
With regard to Memo Circular 98-17,the Administrative code Purpose of Publication: Due Process
of 1987, particularly Section 3, requires each agency to file To give the general public adequate notice of the various
with the Office of the National Administrative Register laws which are to regulate their actions and conduct as
(ONAR) of the UP Law Center three certified copies of every citizens. It would be the height of injustice to punish
rule adopted by it. Administrative issuances not published or or otherwise burden a citizen for the transgression of a law of
registered with the ONAR are ineffective and may not which he had no notice whatsoever.
be enforced. The memo here which provides for penalties for
offenses of exhibiting programs without a valid permit has General Rule: Publication is indispensable especially if the
not been registered with the ONAR. It is the unenforceable rule is general.
since it hasn’t been registered; hence the petitioner is not
bound by said circular and should not have been meted with Exceptions:
the sanction provided. (GMA v. MTRCB) • Interpretative Rules
• Internal Regulations, that is, regulating only
the personnel of the administrative agency and not the
Admin. Code Sec. 4. Effectivity
In addition to other rule-making requirements provided by law not public
inconsistent with this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided unless a different LOI issued by admin. Superior to subordinates
date is fixed by law, or specified in the rule in cases of imminent Other presidential issuances which apply only to particular
danger to public health, safety and welfare, the existence of which persons or class of persons such as administrative and
must be expressed in a statement accompanying the rule. The executive orders need not be published on the assumption
agency shall take appropriate measures to make emergency rules that they have been circularized to all concerned.
known to persons who may be affected by them
But mere interpretative regulations, and those merely
internal in nature, i.e. regulating only the personnel of the
administrative agency and not the public, need not be
published. [Tañada v. Tuvera]
Exception: Administrative agency can promulgate rules Exception: When the legislature itself requires that the
providing for penal sanction provided the following requisites regulation shall be based on certain facts as determined at an
are complied with: appropriate investigation.
1. The law must declare the act punishable;
2. The law must define the penalty; If the regulation is in effect a settlement of a controversy
3. The rules must be published in the Official Gazette. [The between specific parties, it is considered an administrative
Hon. Secretary Vincent S. Perez v. LPG Refillers adjudication, requiring notice and hearing.
Association of the Philippines]
Power to Amend, Revise, Alter or
The law itself must declare the act as punishable and must Repeal Rules
also define or fix the penalty for the violation. Admin bodies The grant of express power to formulate implementing rules
cannot make penal rules as they are exclusive to the and regulations must necessarily include the power to
legislature and cannot be delegated. For an administrative amend, revise, alter, or repeal the same. [Yazaki Torres
regulation to have the force of penal law: Manufacturing, Inc. vs. CA (2006)]
(1) the violation of the administrative regulation must be
made a crime by the delegating statute itself; and
(2) the penalty for such violation must be provided by the C.2. QUASI-JUDICIAL (ADJUDICATORY)
statute itself [Perez v. LPG]
POWER
Interpretative Rules It is the power of administrative authorities to make
determination of facts in the performance of their official
duties and to apply the law as they construe it to the facts so
Administrative agencies in the discharge of their duties are
found. It partakes the nature of judicial power, but is
necessarily called upon to construe and apply the provision
exercised by a person other than a judge.
of law under which they function. They can interpret their
own rules provided:
An administrative body to which quasi‐judicial power has
been delegated is a tribunal of limited jurisdiction and as such
1. Such does not change the character of a ministerial duty.
it could wield only such powers as are specifically granted to
2. It does not involve unlawful use of legislative or judicial
it by its enabling statute. Its jurisdiction is interpreted
power.
strictissimi juris
Administrative officers tasked to implement the law also
It is incidental to the power of regulation but is often
authorized to interpret the law because they have expertise
expressly conferred by the legislature through specific
to do so. (PLDT v. NTC)
provisions in the charter of the agency.
Legislative Rules v. Interpretative
Rules C.2.A. ADMINISTRATIVE DUE PROCESS
Legislative rules Interpretative rules While administrative agencies are free from the rigidity of
certain procedural requirements, they cannot entirely ignore
Legislative Judicial or disregard the fundamental and essential requirements of
ADMINISTRATIVE LAW POLITICAL LAW
due process in trials and investigations of an administrative • Holding of an adversarial trial is discretionary. Parties
character. [Ang Tibay vs. CIR (1940)] cannot demand it as a matter of right. [Vinta Marine vs.
NLRC (1978)] But the right of a party to confront and
Essence of Due Process cross-examine opposing witness is a fundamental right
It lies simply in the opportunity to explain one’s side or to which is part of due process. If without his fault, this right
seek reconsideration of the action or ruling complained of. is violated, he is entitled to have the direct examination
What is proscribed is the absolute lack of notice and hearing. stricken off the record. [Bachrach Motors vs. CIR (1978)]
[Office of the Ombudsman vs. Coronel (2006)]
3 Instances When Due Process is
Cardinal Primary Requirements of Due Violated:
Process in Administrative Proceedings 1. Failure to sufficiently explain the reason for the decision
[Ang Tibay vs. CIR (1940)] rendered
1. The right to a hearing which includes the right to present 2. Not supported by substantial evidence
one’s case and submit evidence in support 3. Imputation of a violation and imposition of a fine despite
2. The tribunal must consider the evidence presented absence of due notice and hearing [Globe Telecom vs.
3. The decision must be supported by evidence NTC (2004)]
4. Such evidence must be substantial
5. The decision must be based on the evidence presented Right against Self-incrimination
at the hearing or at least contained in the record, and The respondent may invoke this at the time he is called by the
disclosed to the parties affected complainant as a witness.
6. The tribunal or body of any of its judges must act on its
own independent consideration of the law and facts of He can be cross-examined if he voluntarily takes the witness
the controversy in arriving at a decision; stand, but he may still invoke the right when the question call
7. The board or body should render its decision in such a for an answer, which incriminates him for an offense other
manner that the parties to the proceeding can know the than, that charged. [People vs. Ayson (1989)]
various issues involved, and the reasons for the
decisions rendered. Notice and Hearing
When Required:
In administrative proceedings, due process has been
1. When the law specifically requires it
recognized to include the following:
2. When it affects a person’s status and liberty
[Fabella vs. Court of Appeals (1997)]
(1) the right to actual or constructive notice of the
When not required:
institution of proceedings which may affect a
1. Urgent reasons
respondent’s legal rights;
2. Discretion is exercised by an officer vested with it upon
(2) a real opportunity to be heard personally or with the
an undisputed act
assistance of counsel, to present witnesses and evidence
3. If it involves the exercise of discretion and there is no
in one’s favor, and to defend one’s rights;
grave abuse
(3) a tribunal vested with competent jurisdiction and so
4. When it involves rules to govern future conduct of
constituted as to afford a person charged
persons or enterprises, unless law provides otherwise
administratively a reasonable guarantee of honesty as
5. In the valid exercise of police power
well as impartiality; and
(4) a finding by said tribunal which is supported by Instances when Notice and Hearing is
substantial evidence submitted for consideration during
Required under the Administrative Code
the hearing or contained in the records or made known
to the parties affected. [Fabella vs. Court of Appeals 1. Contested cases [Book VII, Section 3]
(1997)] 2. Certain licensing procedures, involving grant, renewal,
denial or cancellation of a license [Sec.17 (1)]
Note: 3. All licensing procedures, when a license is withdrawn,
• Due process does not always entail notice and hearing suspended, revoked or annulled [Sec. 17 (2)]
prior to the deprivation of a right. Hearing may occur • Note: Notice and hearing is not required in cases of:
after deprivation, as in emergency cases, in which case, o Willful violation of pertinent laws, rules
there must be a chance to seek reconsideration. [UP and regulations
Board of Regents vs. CA (1999)] o When public security, health, safety
• Presence of a party at a trial is not always the essence of require otherwise [Sec. 17 (2)]
due process. All that the law requires is the element of
fairness. [Rivera vs. CSC (1995)]
ADMINISTRATIVE LAW POLITICAL LAW
C.2.B. ADMINISTRATIVE APPEAL AND Admin. Code Sec. 23. Finality of Decision of Appellate
REVIEW Agency.
In any contested case, the decision of the appellate agency
Admin. Code Sec. 16 (1). Publication and Compilation of shall become final and executory fifteen (15) days after
Decision the receipt by the parties of a copy thereof.
(1) Every agency shall publish and make available for public
inspection all decisions or final orders in the adjudication
of contested cases.
In a contested case:
A valid exercise of quasi‐ A valid exercise of quasi‐judicial
power requires prior notice and 1. The agency may admit and give probative value to
legislative power does
hearing. evidence commonly accepted by reasonably prudent
not require prior notice
men in the conduct of their affairs.
and hearing (except
2. Documentary evidence may be received in the form of
when the law requires it).
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity
An issuance pursuant to the An issuance pursuant to the to compare the copy with the original. If the original is
exercise of quasi‐legislative exercise of quasi‐judicial function in the official custody of a public officer, a certified copy
power may be assailed in is appealed to the Court of
thereof may be accepted.
court through an ordinary Appeals via petition for review
action. (Rule 43). 3. Every party shall have the right to cross-examine
witnesses presented against him and to submit rebuttal
evidence.
Note: Administrative agencies have inherent power to not exercise the power to punish for contempt as
conduct investigations and hearings. Power of Adjudication is postulated in the law, for such power is inherently
not inherent. Most Administrative Agencies only have power judicial in nature. [Guevara v. COMELEC]
of investigation and not of Adjudication except in case of
agencies with specific GRANT of ADJUDICATIVE POWER. (e.g. • The power to investigate, to be conscientious and
NLRC, SEC) rational at the very least, requires an inquiry into existing
facts and conditions. The documents required to be
II. POWER TO ISSUE SUBPOENA AND produced constitutes evidence of the most solid
DECLARE CONTEMPT character as to whether or not there was a failure to
comply with the mandates of the law. It is not for this
Court to whittle down the authority conferred
Admin. Code Section 13. Subpoena on administrative agencies to assure the effective
Subpoena. - In any contested case, the agency shall have the power
administration of a statute, in this case intended to
to require the attendance of witnesses or the production of books,
papers, documents and other pertinent data, upon request of any protect the rights of union members against its officers.
party before or during the hearing upon showing of general The matter was properly within its cognizance and the
relevance. Unless otherwise provided by law, the agency may, in means necessary to give it force and effectiveness
case of disobedience, invoke the aid of the Regional Trial Court should be deemed implied unless the power sought to
within whose jurisdiction the contested case being heard falls. The be exercised is so arbitrary as to trench upon private
Court may punish contumacy or refusal as contempt. rights of petitioners entitled to priority. [Catura v. CIR]
3. The information is reasonably relevant. [Evangelista vs. General Rule: Administrative Agencies cannot issue warrant
Jarencio] of Arrest.
• Art. 38 of the Labor Code is void because only a judge
III. POWER TO CITE FOR CONTEMPT may issue warrants of search and arrest. The POEA
Power to cite contempt can be used for quasi judicial administrator or the Secretary of Labor, not being judges
functions but NOT Ministerial ones. may not issue search or arrest warrants. [Salazar v.
Acachoso]
• Although the negotiation has resulted in controversy, it
Exception: Deportation of Illegal and undesirable aliens
merely refers to a ministerial duty which COMELEC has
following the final order of deportation. [Qua Chee Gan v.
performed in its administrative capacity in relation to
Deportation Board]
the conduct of elections ordained your Constitution. It
only discharged a ministerial duty; it did not exercise any
There are two ways of Deporting:
judicial function. Such being the case, it could
a) By Commissioner of Immigration [CA 617, Sec. 37];
ADMINISTRATIVE LAW POLITICAL LAW
b) b) By the President after due investigation [Admin. Code. • Sec. 25 of RA 875, entitled Penalties, provides that any
Sec. 69] person who violates Sec. 3 of this act shall be punished
by a fine of P100-P1000, or by imprisonment of 1 month
• “The Constitution does not distinguish between to 1 year, or both. Any other violation which is declared
warrants in a criminal case and administrative warrants unlawful shall be punished by a fine ranging from P50-
in administrative proceedings.” [Qua Chee Gan v. P500 for each offense, at the court’s discretion. The
Deportation Board] above provision is general in nature since it doesn’t
specify the “court” that may act when the violation
charged calls for the imposition of the penalties. The
• The warrants of arrest issued by the Commissioner are word ‘court’ cannot refer to the CIR, for to give that
void because: (a) the arrests were not administrative meaning would be violative of the safeguards
arrest that are valid but instead were for the sole guaranteed to every accused by the Constitution.
purpose of investigation and before a final order of [Scoty’s Department Store v. Micaller]
deportation had been issued, where the brothers had
been ordered exactly for the purpose of showing cause
why they should not be deported. The consequence • Though it is true that the power to impose fines is
of such orders of arrest is the operation of a judicial function, administrative agencies empowered
the Constitutional limitation that (b) the power by legislation to regulate certain sectors are empowered
to determine probable cause for warrants of arrest is to impose administrative fines. [Civil Aviation Board v.
limited to judges exclusively. [Vivo v. Montesa] PAL]
Ex. Issuance of licenses to engage in a particular 4. Whether the timing for the filing of the case is proper
business.
5. Whether the case is Ripe for adjudication
2. Directing
Orders the doing or performance of particular acts EXTENT OF JUDICIAL REVIEW
to ensure the compliance with the law and are A. Question of Law
often exercised for corrective purposes.
A question of law exists when the doubt or controversy
concerns the correct application of law or jurisprudence to a
3. Dispensing
certain set of facts; or when the issue does not call for an
To relax the general operation of a law or to exempt
examination of the probative value of the evidence
from general prohibition, or to relieve an individual
presented, the truth or falsehood of facts being admitted.
or a corporation from an affirmative duty.
Administrative decisions may be appealed to the courts
4. Examining independently of legislative permission. It may be appealed
This is also called investigatory power. It requires even against legislative prohibition because the judiciary
production of books, papers, etc., the attendance cannot be deprived of its inherent power to review all
of witnesses and compelling their testimony. decisions on questions of law.
D. JUDICIAL RECOURSE • Any action of the Director of Lands which is based upon
a misconstruction of the law can be corrected by the
AND REVIEW courts. The question of law herein is Ortua’s citizenship.
[Ortua v Singson Encarnacion]
AVAILABILITY OF JUDICIAL REVIEW
1. Whether the enabling law permits judicial review • “[A] decision rendered by the Director of Lands and
When the law is silent, generally, judicial review is approved by the Secretary upon a question of fact is
available. Since administrative agencies have a narrower conclusive and not subject to be reviewed by the
view of the case, and its existence derogates the judicial courts.” But this does not apply when the decision of the
prerogative lodged in the courts by the constitution, Director was NOT approved, but was revoked by the
judicial review is needed to offer these considerations. Secretary. [Mejia v. Mapa]
15 Nachura
ADMINISTRATIVE LAW POLITICAL LAW
list of the salesmen or agents affiliated to the Union. Court shall deem conclusive and cannot be compelled to
Hence, said findings may not be disturbed in this overturn this particular factual finding. [German Marine
proceeding for review by certiorari. [Ysmael v. Santos] Agencies v. NLRC]
C. Question of Discretion
• The determination of W/N the accident arose out of, or Discretionary Ministerial
in the course of Valek’s employment is a question of law
Power or right conferred upon A response to a duty which has
that is cognizable by the courts. The question of whether agencies to act officially under been positively imposed by law
or not an employer-employee relationship existed certain circumstances according and its performance required at
between Valek and BPMI is also a question of law. All to the dictates of their own a time and in a manner or upon
that is required is that the "obligations or conditions" of judgment and conscience and conditions specifically
employment create the "zone of special danger" out of not controlled by the judgment designated. Not dependent
which the injury arose. [O’Leary v. Brown Pacific Maxon] of others upon the officer’s judgment or
discretion
B. Question of Fact
Power to make a choice among Nothing is left to discretion. It is
A question of fact exists when the doubt or difference arises permissive action or policies. a simple definite duty arising
as to the truth or falsehood of facts or when the query invites Person or persons exercising it under conditions admitted or
calibration of the whole evidence considering mainly the may choose which of several proved to exist
credibility of the witnesses, the existence and relevancy of courses of action should be
followed
specific surrounding circumstances, as well as their relation
to each other and to the whole, and the probability of the
situation. Reviewing courts can look into determinations of
fact by lower courts ONLY if the same are unsupported by General Rule: Courts have no power to substitute their own
substantial evidence. Questions of law, however, are always judgments with that of the administrative official because it
reviewable by higher courts. is a recognition of the expertise of the agency.
General Rule: Finality is attached to findings of fact of some Exception: When there is grave abuse of discretion.
agencies when these findings are supported by substantial
evidence and as long as there is no grave abuse of discretion. Grave abuse of discretion is present “when there is a
capricious and whimsical exercise of judgment as is
Exception: If findings are not supported by substantial equivalent to lack of jurisdiction, such as where the power
evidence. Question of fact is raised when the issue involved is exercised in an arbitrary or despotic manner by reason of
is: passion or personal hostility, and it must be so patent and
1. W/N a certain thing exists; or gross as to amount to an evasion of positive duty or to a
2. W/N an event has taken place; or virtual refusal to perform the duty enjoined or to act at all
3. Which versions of events, among 2 or more, are correct
in contemplation of law.” In other words, the tribunal or
administrative body must have issued the assailed decision,
• Employees were dismissed for pilferage. Substantial order or resolution in a capricious or despotic manner.
evidence rule is that findings of fact will not be disturbed [Duco v. COMELEC]
on appeal as long as they are supported by substantial
evidence. [Gonzales v. Victory Labor Union]
which body the relief shall be sought. This doctrine does not administrative body for its view. (Industrial Enterprises
apply where the law grants exclusive jurisdiction to a body. v. CA)
Requisites:
1. Admin body and regular court have concurrent and D.2. EXHAUSTION OF ADMINISTRATIVE
original jurisdiction REMEDIES
2. Question to be resolved requires expertise of This doctrine calls for resort first to the appropriate
administrative agency administrative authorities in the resolution of a controversy
falling under their jurisdiction and must first be appealed to
3. Legislative intent on the matter is to have uniformity in the administrative superiors up to the highest level before
rulings. the same may be elevated to the courts of justice for review.