CHAPTER I structure of the government.

INTRODUCTION b. The law, the execution or enforcement of which is entrusted to

administrative authorities (all those public officers and organs of the
government charged with amplification, application, and execution of the
CONCEPT OF ADMINISTRATIVE LAW law).
a. Belongs to the field of PUBLIC LAW; involves Constitutional law, Criminal c. The law which governs public officers
law, and International law. d. The law which creates administrative agencies, defines their
b. WIDEST SENSE: powers and functions, prescribes their procedures
• t h e entire system of laws under which the machinery of the e. The law which provides the remedies to those aggrieved by
administrative actions or decisions
state works and by which the state performs all government acts
f. The law which governs judicial review or relief against
• The term would embrace all the laws that regulate or control the administrative actions
admin organization and operations of the government including g. The rules, regulations, orders and decisions
legislative and judicial bodies made by administrative authorities.
• ELEMENTS: LAWS, STATE, ACTS h. The body of judicial decisions/doctrines on any of the above.
c. BROAD DEFINITION:
• Law which provides the structure of government and CONCERNS OF ADMINISTRATIVE LAW
prescribes its processes and procedures. 1. PRIVATE RIGHTS
• The law control the admin operations of the government or “the law · protection of private rights
of government admin” · includes nature and the mode of administrative power and system of
• ELEMENTS: LAWS, STATE (govt), ACT (provides, operates, relief against administrative actions
controls, prescribes) 2. Delegated Powers And Combined Powers
• concerned with officers and agencies exercising delegated powers
d. GOODNOW: and not with the exercise of the constitutional powers of the President
• T h a t part of public law which fixes the organization and
determines the competence of the administrative Authorities and ADMINISTRATIVE AUTHORITIES
indicates to the individuals remedies for the violation of his rights. • All those public officers and organs of the government that are
• ELEMENTS: LAWS, STATE (Admin authorities), ACTS charged with the amplification, application and execution of the law,
(determines, fixes), REMEDIES but do not include, by virtue of the doctrine of separate powers,
congress and regular courts
e. POUND’S:
• Branch of modern law under which the executive department ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW (RMG-FMP)
1
acting in quasi-legislative or quasi-judicial capacity interferes 1. Recognition as a distinct category of law
with the conduct of the individual for promoting the well- • Rapid expansion of administrative agencies and their increased functions that
being of the community; as under the law governing public a substantial body of jurisprudence has developed in the field and general
corporations, business affected with public interest, professions, recognition has been given to ADMINISTRATIVE LAW as distinct category of
law
trade, callings, rates and prices, laws for the protection of public
2. Multiplication of government functions
health and safety, and the promotion of the public convenience and • As modern life became more complex, the subject of government regulations
advantage correspondingly increased which, in turn, caused a multiplication of
• That system of legal principles to settle the conflicting claims of government functions, necessitating an enormous expansion of public
executive and admin authority on one hand and of individuals or administration
private rights on the other • Specialization
• It is the law concerning the powers and procedures of admin agencies 3. Growth and utilization of administrative agencies
• Administrative law developed as the natural accompaniment of the growth
including specially the law governing judicial review of action
of administrative agencies and their utilization in the response to the needs
• ELEMENTS: LAW, STATE, ACTS, FUSION OF POWER, of a changing society
GENERAL WELFARE • Developed in response to the need for broad social or governmental control
over COMPLEX CONDITNOS and activities which in their detail
2
SCOPE OF ADMINISTRATIVE LAW (POA-CR-J I) • CANNOT BE DEALT with directly in an EFFECTIVE manner by the
It is: legislature or judiciary.
a. The law which fixes the administrative organization and 4. Fusion of different powers of government in administrative agencies
• Administrative law, resulted from the increased functions of the government,
                                                                                                                          the recent tremendous growth in administrative agencies and the fact that
1
Exception to principle of separation of powers – administrative delegation = 1 of the 5 instances the agencies created in this period where much more conventional
of delegation of powers
MICHELLE DUGUIL 1
 
 • 3 powers of the government fused in one body 6. Dangerous combination of the 3 functions/powers of the government
5. A law in the making
• In our jurisdiction, administrative law is still in its formative years CRITICISMS VIS A VIS ADVANTAGE
1. TENDENCY TOWARDS ARBITRARINESS
ADVANTAGES OF THE ADMINISTRATIVE PROCESS – (ALP-LJ-CO) 2. LACK OF JUDICIAL KNOWLEDGE
• A: Speedy disposition of cases = saves money and time
1. Advantages of administration as compared with executive action • Expedite proceedings and make it less costly
· insures greater uniformity and impersonality of action • X need lawyer = more expensive if you have a lawyer
3. Susceptibility to POLITICAL BIAS OR PRESSURE uncertainty of tenure)
· examples:
o patents • C: Since they have no security of tenure, they seek patrons and this
o public lands there is “political patronage” which is bad per se but may also be seen
o social security as an advantage (Padrino)
o tax administration • If your patrons call you seeking your help and you have “utang na loob”
o labor relations ! accommodate request of patron = x bad per se; bad only if it affects
your judgment and impartiality
2. Limitations upon the Powers of the Courts • A: If the person recommended of the padrino is erring ! the employer
government official can just call the padrino and tell him about it
· issuances of rules an regulations of general applicability (sumbong) ! Responsibility of patrol = ACCOUNTABILITY ! person
· fixing of rates or prices recommended remains accountable to patron because patron can
o involves future conduct
remove and not defend him
4. Disregard for SAFEGUARDS in full and fair hearing
3. Trend towards preventive legislation
• A: Dadubo case ! she admitted the crime herself
· desire for more effective and more flexible preventive remedies • RELIEF OF COURTS – cases that would otherwise clog the court are
· example: licensing as form of regulation handled by the admin bodies
• NHA Solid Homes Case – as long as right to elementary due process if
4. Limitations upon Effective Legislation followed
· lack of time and specialized knowledge, 5. Absence of STANDARD RULES OF PROCEDURE
· lack of staff for securing expert information, • A: FLEXIBLE = x in a straitjacket
· complexity of problems which arise even within the framework of a 6. Dangerous combination of the 3 functions/powers of the government
general policy, • A: Acquired specialization and expertise; technical expertise, jack of
· and harmful rigidity which would result from attempting to anticipate in a all trades
statue the variety and changing character of the situations which emerge
in every aspect of life • Liangga Bay Case

5. Limitations upon exclusively judicial enforcement COMPOSITION OF EXECUTIVE DEPARTMENT

1. President
· many courts would vary their application of the law 2. Agencies
· since the courts could not take the initiative in enforcement, that • Incorporated vs non-incorporated
initiative would fall to many prosecutors or law enforcement agencies
and not to private individuals • Iron Steel Authorities vs CA
3. Departments
· NO UNIFORMITY in the policy 4. Bureaus
5. Instrumentalities
6. Advantages of continuity of attention and clearly allocated responsibility
• LDB vs Association of LDB employees
· administrative agencies have the time and facilities to become and to
remain continuously informed and they can be given unified
responsibility for effectuating the broad policies laid by congress
CHAPTER 2
7. Need for organization to dispose of volume of business and to provide NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES
the necessary records
· specialized staffs and machinery to keep and make available the BASIC CONCEPTS
records upon the judgment on thousands of applications as in licensing
1. ADMIN AGENCY
CRITICISMS AGAINST ADMINISTRATIVE ACTION (AJP-SRD) • An organ of government other than a court and other than a legislature /
1. Tendency towards ARBITRARINESS which affects the rights of private parties / through either adjudication or rule
2. LACK OF KNOWLEDGE AND APTITUDE in sound judicial technique making
2. ADMINISTRATIVE AGENCY (Admin Code of 1987)
3. Susceptibility to POLITICAL BIAS OR PRESSURE (uncertainty of tenure)
• Agency of the government is used to refer to any various units of the
4. Disregard for SAFEGUARDS in full and fair hearing
government, including a department, bureau, office, instrumentality or
5. Absence of STANDARD RULES OF PROCEDURE
GOCC, or a local government or distinct unit therein
MICHELLE DUGUIL 2

 
 • It is a National agency if it refers to a unit of the National Government and a
Local Agency if it refers to a local government or a distinct unit therein
3. COVERAGE
• Boards, commissions, divisions, bureaus, departments, office, authority,
corporation, administration, division or agency
TH
4. 4 BRANCH OF THE DEPARTMENT
• It is either executive (administrative), or legislative or judicial OR
• It is quasi-legislative or quasi-judicial
TYPES OF ADMINISTRATIVE BODIES (PROCIP)
1. Performing business service for the • Phil Postal Corp,
public • Philippine National Railways
• Metropolitan Waterworks and
sewerage authority
• Government Telephone System
• National Electrification
Administration
• National Food Authority
• National Housing Authority
2. Regulating business affected with • Insurance Commission
public interest • Bureau of Air Transportation
• Land Transportation Franchising
and Regulatory Board
• Bureau of Mines and Geosciences
• National Telecommunications
Commission
• Housing and Land Use Regulatory
Board
3. Offering grant, gratuity or special • Philippine Veterans Admin
privilege • GSIS
• SSS
• PAO
• Philippine Medical Care
Commission
4. Carry function of government • Bureau of Internal Revenue
• Bureau of Customs
• Bureau of Immigration
• Land Registration Authority
5. Imbued with social policy • National Labor Relations
Commission
• Employees Compensation
Commission
• Social Security Commission
• SEC
• DAR
• Commission on Audit
6. Police power to regulate private • SEC
business or individuals • Movie and Television Review and
Classification Board
• Games and Amusement Board
• Dangerous Drugs Board
• Bureau of Trade Regulation and
Consumer Relation
ORGANIZATION OF ADMINISTRATIVE AGENCIES
ACTIVITY DEFINITION EXAMPLE
CREATION Bringing into existence of EO 122- A creating OMA
an admin agency
REORGANIZATION Alteration of the structure EO 297 – Reorganization
of an administrative body of OPS
ABOLITION Terminating the existence EO 13 – Abolishing PAGC
of an administrative office
DE- ACTIVATION Office continues to exist; EO 191 – Deactivation of
albeit dormant EIIB
CREATION OF ADMINISTRATIVE BODIES
MANNER OF CREATION EXAMPLES
CONSTITUTIONAL PROVISIONS Constitutional Commissions – Art 9,
(may be self-executing) Consti
Ombudsman – Art. 11, Sec 5, Consti
CHR – Art 13, Sec 17, Consti
LEGISLATIVE ENACTMENT OMB – RA 9239
(usual source of creation)
National Computer Center – PD 1480
Toll Regulatory Board – PD 1112
AUTHORITY OF LAW Presidential Communications Group –
(delegated Executive) EO 4
ABOLITION OF ADMINISTRATIVE BODIES
BY VIRTUE OF ADMINISTRARIVE AGENCIES
COVERED
CONSTITUTIONAL PROVISIONS a) For those Constitutionally created
offices
b) Those created pursuant to law
c) Those created pursuant to
delegated authority
LEGISLATIVE ENACTMENT a) Those created pursuant to law
b) Those created pursuant to
delegated authority
AUTHORITY OF LAW a) Pursuant to such delegated authority
REORGANIZATION OF ADMIN BODIES
PURPOSES 1. Simplicity Larin vs Executive Secretary
2. Economy
3. Efficiency Facts: In 1993, Pres. Ramos issues EO
132 streamlining BIR. Excise Tax Service,
headed by Larin was abolished. Then,
Pres. Ramos appointed 10 BIR Assistant
Commissioners, excluding Larin
MICHELLE DUGUIL 3
 HELD: b) Transfer functions HELD: As far as offices in the executive
If abolition is done for political reasons or from one unit to dept are concerned, Pres’ power of control
to defeat security of tenure, or otherwise another may justify him to inactivate functions of
not in GF, no valid abolition takes place particular office, or certain laws of control
and whatever abolition is done is void ab may grant him authority to carry out
initio reorganization measures.
LIMITATIONS Good Faith Dario vs Mison
Bagaoisan vs National Tobacco
Facts: On Jan, 1988, Commissioner Authority
Salvador Mison notified various Customs
officials that their services were
terminated. Deputy Commissioner Cesar Facts:
Dario was one of the 394 officials and In 1998, Pres Estrada issued E) 29
employees of BOC who were separated “Streamlining of NTA.” Drinita Bagaoisan,
from the service et al eployed at NTA-Batac, were
terminated from employment.
Terminating 394 BOC employees and
thereafter hiring 522 replacements is a HELD:
revamp pure and simple. Mison may carry In the present instance, involving neither
out reorganization under the transitory an abolition nor transfer of offices, the
provisions of the 1987 consti but such assailed action is a mere reorganization
reorganization should be in GF under the general provisions of the law
consisting mainly of streamlining the NTA
in the interest of simplicity, economy and
POWER TO REORGANIZE efficiency. It is an act well within the
authority of Pres motivated and carried out
EXECUTIVE Art 7, Sec 17, Buklod ng Kawaning EIIB vs Zamora in good faith.
POWER consti
As far as offices in the exec department
“The president shall are concerned, President’s power of OUTSIDE OP PRESIDENT CAN: Domingo vs Zamora
have control of all control may justify him to inactivate PROPER a) transfer functions
the executive functions of particular office or certain laws or agencies: OP to Facts:
department may grant him authority to carry out other department In 1999, Pres. Estrada issued EO 81
business and reorganization measures or agencies transferring the Sports Programs of DECS
offices” to PSC. Rosa Domingo et al went to SC,
CONTINUING Sec 31, Book 2, Bagaoisan vs National Tobacco OR arguing that: a) EO 81 is unconsti for
AUTHORITY Chap 10 (EO 292) Authority being undue legislation by Pres. Estrada;
b) transfer functions b) DECS is not part of OP, Sec 31(2),(3) of
“The president… in In the present instance, involving neither or agencies: other EO 292 authorizes Pres to transfer any
order to achieve an abolition nor transfer of office, the Department or function or agency of DECS to OP. PSC is
simplicity, economy, assailed action is a mere reorganization agencies to OP attanced to OP. Therefore,Pres. Has
and efficiency, shall under the general provisions of the law authority to transfer function of DECS to
have continuing consisting mainly of streamlining the NTA PSC
authority to in the interest of simplicity, economy and
reorganize the efficiency. It is an act in GF of the HELD:
admin structure of president. Under EO 292, DECS is a Department
the OP” Executive Branch. Even if DECS is not
part of OP, EO 292 authorizes the
POWER TO REOGANIZE UNDER EO 292 President to transfer functions or agency
of decs to an OP. ! PSC is attached to
OP PROPER PRESIDENT CAN: Buklod ng Kawaning EIIB vs Zamora the OP. ! Therefore, the Pres has
a) Abolish, authority to transfer functions of DECS to
consolidate or Facts: PSC
merge units In 2000, Pres Estrada issued EO 191,
ordering deactivation of EIIB and transfer
OR of its functions to BOC and NBI ART. 7, Sect 17 of 1987 Consti
• The president shall have control of all the executive departments, bureaus,
MICHELLE DUGUIL 4

 
 and offices. He shall ensure that the laws be faithfully executed. B. DEGREE OF CHOICE
1. Discretionary – acting constitutionally using own judgment or discretion
and not controlled by judgment or conscience of others
CHAPTER III • Ex. Power of public prosecutor to determine existence of PC
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES 2. Ministerial - nothing is left to the discretion. It is a simple definite duty
arising under conditions admitted or proved to exist and imposed by law.
A. IN GENERAL • Ex. Duty of clerk of court to receive complaint/petition

POWERS AND FUNCTIONS NATURE OF POWERS

• X synonymous 1. JURISDICTION LIMITED
• FUNCTION – That which one is bound or which is one’s business to do • The jurisdiction of admin offices and agencies is special and limited
• POWER – The means by which a function is fulfilled • They possess a limited jurisdiction or purely constitutional or statutory
powers
SOURCES • They possess only such powers and authority as have been specifically
1. LEGISLATIVE ENACTMENTS conferred upon them by the constitution or specifically granted to them by
• Enabling laws their enabling laws and those as may be necessarily implied in the exercise
• Charter thereof
2. CONSTITUTION 2. POWERS WITHIN THEIR JURISDICTION BROAD
• Example: Constitutional Commissions • The powers conferred upon them must be commensurate with the duties to
3. HYBRID COMBI OF LEGISLATION AND CONSTITUTION be performed and the purposes to be lawfully effected
• Example: Ombudsman (Consti supplemented by RA 6770) 3. POWERS SUBJECT TO CONSTI, APPLICABLE LAW OR ADMIN
REGULATION
PRINCIPLES • A government agency must respect the presumption of constitutionality and
1. MAKATI STOCK EXCHANGE VS SEC legality to which statutes and admin regulations are entitled until such
• GR: An admin agency has only such power as are expressly granted to him statute or regulation is repealed or amended or until set aside in an
by a statute or necessarily implied in the exercise thereof appropriate case by competent court and ultimately by the SC
2. TAULE VS SANTOS
• E: When it involves quasi-judicial power, doctrine of necessary implication B. INVESTIGATORY POWERS
cannot be applied
3. SOLID HOMES VS. PAYAWAL INVESTIGATORY POWERS
• E to E: If there is an express grant of power to an admin body ! it should • Main power; co-equal with quasi-judicial and rule-making power
be literally construed • Investigatory or inquisitorial power includes the power of admin body to:
• If rescission of contract = RTC 1. Inspect the records and premises and investigate the activities of
• If sale on installment of condo or subdivision = NHA persons or entities coming under its jurisdiction
• PD 957 – express grant, contrary ruling would negate the intention of 2. To secure or require the disclosure of information by means of
Marcos accounts, records, reports, statements, testimony of witnesses,
*DISTINCTION BETWEEN 3 CASES production of documents or otherwise
• Makati Stock Exchange and Taule = no express provision, nothing to • INQUISITORIAL POWER
interpret o Power to carry out a systematic or formal inquiry on violation of
• Solid Homes = express grant = liberally interpret laws and to gather information on proposed legislation
• JUDICIAL FUNCTION
CLASSIFICATION OF POWERS o Power to adjudicate upon rights and obligations of parties
A. NATURE • JUDICIAL DISCRETION
1. Investigatory Powers o Power to evaluate evidence submitted to it on the facts and
2. Quasi-Legislative or rule making power circumstances provided
• Result of delegation of powers • TEST OF JUDICIAL FUNCTION
• List of permissible delegation: o Not the exercise of judicial discretion but the power and authority
1. Tariff powers to president to adjudicate the rights and obligations of parties before it
2. Emergency powers to president in case of war or other
national emergency PRINCIPLES:
3. LGU 1. To investigate is not to adjudicate or adjudge – Carino vs CHR
4. Rule Making power to admin agencies • Sec. 18, Art. 13, 1897 Constitution – “To investigate, on its own,
5. Delegation to the people (initiative and referendum) or on complaint by any party, all forms of human rights violations
3. Quasi-judicial or adjudicatory power involving civil and political rights.”
• Hear and adjudicate cases • Sec. 1, RA 157 – “To undertake investigation of crimes and other
offenses against the laws of the Philippines, upon its initiative and
MICHELLE DUGUIL 5

 
 as public interest may require.”
PURPOSES OF GRANT OF INVESTIGATORY POWER
INFORMATION CHR Sec. 18, Art. 13, 1897
GATHERING Constitution – “To
NBI investigate, on its own, or
on complaint by any party,
all forms of human rights
violations involving civil
and political rights.”
Sec. 1, RA 157 – “To
undertake investigation of
crimes and other offenses
against the laws of the
Philippines, upon its
initiative and as public
interest may require.”
PROSECUTION Public Prosecutor Sec. 13, Art. 11, 1987
PURPOSES Constitution – to
Ombudsman investigate on its own, or
on complaint by any
person, any act of
omission of any public
official, employee, office or
agency, when such act or
omission appears to be
illegal, unjust, improper or
inefficient.”
AID TO OTHER SEC Sec. 5 (a), Securities
POWERS Regulation Code (RA
8799) – “Have jurisdiction
and supervision over all
corporations, partnerships
or associations who are
the grantees of primary
franchises and/or license
or permit issued by the
government.”
Sec. 5 (d), Securities
Regulation Code (RA
8799) – “Regulate,
investigate or supervise
the activities of the
persons to ensure
compliance.”
SCOPE AND EXTENT OF INVESTIGATIVE POWERS
SCOPE EXTENT CASE/DOCTRINE
1. INITIATION OF a) On complaint VILLALUZ VS ZALDIVAR
INVESTIGATION b) Motu Propio
Power of control of
Examine, explore, inquire President may extend to
power to investigate, to
suspend or to remove
officers and employees
who belong to executive
department (presidential
appointees).
2. CONDUCT OF May be held in private RUIZ VS DRILON-
INVESTIGATION respondent in admin
cases is not entitled to be
Audit, physical informed of the findings
investigation, monitor and recommendations of
investigating committee.
GR: PEFIANCO VS
MORAL - respondent in
admin case is not entitled
to be informed of the
findings and
recommendations of
investigating committee.
E: SEC OF JUSTICE VS
LANTION - due process
rights of notice and
hearing may be invoked at
evaluation stage of
extradition proceedings.
3. INSPECTION AND No SW required CAMARA VS
EXAMINATION MUNICIPAL COURTS -
Conduct of inspection there was no emergency
Routine inspection for during reasonable hours demanding immediate
enforcement of regulation access. Yet no warrant
was obtained.
SALAZAR VS
ACHACOSO - Art. 38, LC,
which grants Sec of Labor
authority to issue orders of
arrest, search and seizure,
is unconstitutional,
because secretary is not a
judge.
4. ACCOUNTS, Access to documents CATURA VS CIR -
RECORDS, REPORTS Documents required to be
OR STATEMENTS produced constitutes of
most solid character as to
whether or not there was
failure to comply with
mandates of law
5. ATTENDANCE OF No inherent power to: EVANGELISTA VS.
WITNESSES 1) Require JARENCIO - subpoena is
attendance within legal competence of
2) Put under oath PAGRO to issue pursuant
and require to to EO 4(5) which
testify empowered it to “summon
witness... relevant to
investigation.”
MICHELLE DUGUIL 6
6. HEARING It may be held but not OFFICE OF COURT
necessary ADMIN VS CANQUE -
admin due process cannot
be fully equated with due
process in its strict judicial
sense. A formal or trial-
type hearing is required.

7. CONTEMPT Requisites: CARMELO VS RAMOS -

PROCEEDINGS 1. Statutory grant one who invokes Sec.
2. Performing 580, RAC, must first show
quasi-judicial he has “authority to take
functions testimony or evidence”
before he can apply to
courts for punishment of
hostile witnesses.

MAGSANCAY VS
COMELEC - When
Comelec exercises
ministerial function it
cannot exercise the power
to punish contempt
because such power is
inherently judicial in
nature.

BEDOL VS COMELEC -
to withhold from Comelec
the power of contempt
would render nugatory its
investigative power ,
which is an essential
incident to its mandate to
secure honest and
credible elections.
8. RULES OF Admin agency is given GAOIRAN VS ALCALA –
PROCEDURE AND wide latitude In admin proceedings,
EVIDENCE technical rules on
procedure and evidence
are not strictly applied

ANG TIBAY VS CIR

MICHELLE DUGUIL 7
 
 CASE KEYWORDS DOCTRINE a capricious and whimsical manner
SOLID HOMES • PD 957 as ORIGIN AND DEVELOPMENT OF such that their action may amount to
INC VS amended by PD ADMIN LAW – “growing complexities an excess or lack of jurisdiction.
TERESITA 1344 of modern society makes it necessary
PAYAWAL • Subdivision lost to…” X need judicial action because courts
was mortgaged in do not know how to handle boundary
BF to another PD 1344 - The National Housing disputes ! will only cause clogging in
• BP 129 vs PD 957 Authority shall have exclusive the courts
• NHA has jurisdiction to hear and decide cases IRON STEEL • ISA (PD 272) ISA is categorized as a NON-
jurisdiction of the following nature: A. Unsound AUTHORITY VS expropriation INCORPORATED agency which has
real estate business practices; B. CA proceedings no separate and distinct juridical
Claims involving refund and any other • ISA expired = RP personality from the government and
claims filed by subdivision lot or has power to is thus an agent of the government !
condominium unit buyer against the substitute RP can substitute because the power
project owner, developer, dealer, of ISA REVERTS to the state
broker or salesman; and C.
Cases involving specific performance Even non-incorporated agencies fall
of contractual and statutory within the power of the executive
obligations filed by buyers of department, therefore it is included in
subdivision lot or condominium unit admin law
against the owner, developer, dealer, LUZON • Voluntary Assuming arguendo that a voluntary
broker or salesman||| DEVELOPMENT arbitrator = X arbitrator cannot be considered a QJ
BANK VS quasi-judicial agency, he still falls under QJ
Statutes conferring powers on their ASSOCIATION instrumentality instrumentality thus he falls under
administrative agencies must be OF LDB • Decision the jurisdiction of the CA
liberally construed to enable them to EMPLOYEES appealable to CA
discharge their assigned duties in not SC The voluntary arbitrator performs a state
accordance with the legislative function pursuant to a governmental power
• Sect 9, BP 129 –
purpose||| delegated to him under the provisions in the
the CA has Labor Code and he falls, therefore, within
CHRISTIAN • Subdivision lot ORIGIN AND DEVELOPMENT OF exclusive appellate the contemplation of the term
GENERAL paid on installment ADMIN LAW jurisdiction over "instrumentality" in Sec. 9 of B.P. 129. The
ASSEMBLY VS • HLURB has cases decided by award or decision of the voluntary arbitrator
SPOUSES jurisdiction under Requisites: quasi-judicial is equated with that of the regional trial
IGNACIO EO 648 1. Sale of subdivision lot bodies, agency, court. Consequently, in a petition
2. Term of payment is on for certiorari from that award or decision, the
instrumentality…
installment Court of Appeals must be deemed to have
concurrent jurisdiction with the Supreme
LOLITA • DBP CRITICISMS OF ADMIN BODIES – Court.|||
DADUBO VS embezzlement DISREGARD FOR SAFEGUARD
CSC and DBP • ✓DP THAT ENSURES FULL AND FAIR LARIN VS PURPOSE OF REORGANIZATIN OF
• Llarin = BIR asst.
• There was an HEARING EXECUTIVE commissioner – ADMIN BODY – Reorganization
admission by SECRETARY disqualified from should be done in GF
Dadubo of the act The standard of due process that must
service
be met in administrative tribunals GF - A reorganization is carried out in
• EO 132 –
allows a certain latitude as long as the "good faith" if it is for the purpose of
streamline of BIR
element of fairness is not ignored. economy or to make bureaucracy
• ✓ Due Process –
LIANGGA BAY • Boundary dispute CRITICISMS OF ADMIN BODIES – more efficient.
submitted letter
LOGGING CO • Decision of BOF ADVANTAGE OF DANGEROUS
response
VS AGO prevails over court COMBINATIONS OF E, QJ, QL BF (Case at bar) – 1. Another one was
• Career service
TIMBER CORP • Sect 1816 of created with the same functions 2.
officer = security of
Admin Code – Courts of justice will generally not Creation of services and divisions
tenure; may be
BOF vested with interfere with purely administrative
removed only for
authority over matters which are addressed to the if the abolition which is nothing else
causes
demarcation of sound discretion of government but a separation or removal, is done
enumerated by law
public forests… agencies and their expertise unless for political reasons or purposely to
! his acquittal
• Court = GAD there is a clear showing that the latter defeat security of tenure, or otherwise
necessarily entails
acted arbitrarily or with grave abuse of not in good faith, no valid abolition
the dismissal of
discretion or when they have acted in
MICHELLE DUGUIL 8
 
 the admin case takes place and whatever abolition is Pres has authority to transfer functions
• EO 127 = X legal done is void ab initio. of DECS to PSC
basis for
reorganization of Moot and academic
BIR
• Reorganization of
BIR = BF
DARIO VS • Termination of 394 PURPOSE OF REORGANIZATIN OF GR: MAKATI • SEC cannot GR: An admin office has only such
MISON employees of BOC ADMIN BODY – Reorganization STOCK prohibit double- powers as expressly granted to him by
employees and should be done in GF EXCHANGE VS listing as condition statute or implied in the exercise
thereafter hired SEC for licensing thereof
542 replacements Terminating the employment of 394 • Makati stock
employees and thereafter hiring 542 exchange vs Condition = x expressly granted by
replacements is a revamp pure and Manila stock statute = ultra vires
simple. Mison may carry out exchange
reorganization under the transitory E: TAULE VS • Virac E: When it involves quasi-judicial
provisions of 1987 consti but such SANTOS • FABC elections power, doctrine of necessary
should be subject to the criterion of GF • Election = null and implication cannot be applied
BUKLOD NG • EIIB – anti- PURPOSE OF REORGANIZATIN OF void
KAWANING smuggling ADMIN BODY – Reorganization • Sec Santos = X The jurisdiction of COMELEC over
EIIB VS operations in the should be done in GF jurisdiction contests involving elective barangay
ZAMORA areas outside of • RTC has officials is limited to appellate
jurisdiction of BOC GR: Power to abolish a public office is jurisdiction jurisdiction from decision of TC.
• EO91 – lodged with the legislature
deactivated EIIB E: bureaus, agencies or offices in the Comelec does not have jurisdiction
and transferred executive department are concerned, over protests over org set up the
functions to Task the President's power of control may FABC ! limited by law to supervision
Force Aduana justify him to inactivate the functions of of election of the reps
a particular office, or certain laws may
grant him the broad authority to carry The Sec of LG (Santos) does not have
out reorganization measures jurisdiction to entertain contests
involving elections of the FABC ! only
Reorganization of EIIB = X in BF ! has power to prescribe R&R
achieve ultimate purpose of E to E: SOLID • If rescission of E to E: If there is an express grant of
ECONOMY HOMES VS. contract = RTC power to an admin body ! it should
2
PAYAWAL • If sale on be liberally construed
BAGOASIN VS • EO 29 – PURPOSE OF REORGANIZATIN OF installment of
NATIONAL Streamlining of ADMIN BODY – Reorganization condo or
TOBACCO NTA under DAR should be done in GF subdivision = NHA
ADMIN • EO 36 – new • PD 957 – express
staffing pattern – The president has power to reorganize grant, contrary
increase from 400 the admin structure of his office ruling would
to x exceed 700 negate the
positions NO BF intention of Marcos
- Decreased # of positions from 1,125 CARINO VS • Rally of public To investigate is not to adjudicate or
to 750 CHR school teachers adjudge
- Failed to show that new one was • Filed case with
performing same functions CHR
- Failed to prove that less qualified • CHR = X judicial
employees were appointed power;
DOMINGO VS • EO 81 – Under EO 292, DECS is a Department investigation
ZAMORA transferred the Executive Branch. Even if DECS is not power only
sports programs part of OP, EO 292 authorizes the • CSC has
and activities of President to transfer functions or jurisdiction
DECS to PSC = agency of decs to an OP. ! PSC is
• CHR should refer
valid attached to the OP. ! Therefore, the
case to CSC
MICHELLE DUGUIL 9
 
VILLALUZ VS • Admin of motor INITIATION OF INVESTIGATION recruitment Probable cause must be determined
ZALDIVAR vehicle office = agency ! personally by the judge
appointed ! Admin agency or official may initiate Achacoso ordered
alleged to do investigations on complaint or on its closure and The Sec of labor (or admin of POEA)
malpractice own motion seizure orders not being a judge, cannot issue a SW
• Removal by CATURA VS • Unauthorized ACCOUNTS, RECORDS, REPORTS
President = valid The CE, as admin head of Villaluz, is CIR disbursement of OR STATEMENTS
(unclassified and empowered to commence admin union funds by
non-competent proceedings motu proprio without Catura and Accounts, records, reports or
category) need of any verified complaint Salvador statements may be required to be
• CIR has power to delivered with admin bodies at the
RUIZ VS • President of CONDUCT OF INVESTIGATION investigate hearing
DRILON Central Luzon
University A respondent in an admin case is not The matter was deemed serious
Dismissed by entitled to be informed of the findings enough by prosec of respondent court
President Cory and recommendations of investigation to call for the exercise of the financial
committee activities open to inspection by
members
He is only entitled to an admin EVANGELISTA • PARGO may issue ATTENDANCE OF WITNESSES
decision based on substantial VS. JARENCIO subpoena for fact-
evidence made of record and finding It is common for statutes to confer
reasonable opportunity to meet the investigations such powers on admin bodies
charges against him during the • PARGO issued
hearings subpoena to acting The subpoena is within the legal
GR: PEFIANCO • Pilferage of Chief CONDUCT OF INVESTIGATION city public officer competence of PARGO to secure
VS MORAL Librarian of of manila to testify pursuant to EO 4(5)
historical GR: Respondent in admin case is not in certain
documents in the entitled to be informed of the findings investigations The subpoena power operates in ALL
national library and recommendations of investigating pending therein functions of PARGO
• X entitled to copy committee OFFICE OF • Canque = clerk of HEARING
of investigation COURT ADMIN court of MTC
report There is no law which imposes a legal VS CANQUE received bribe in In admin investigations, formal or trial
duty on petitioner to furnish exchange for type, hearing is not required
respondent with a copy of the release of
investigation report common law The essence of DP is that the party is
E: SEC OF • Extradition CONDUCT OF INVESTIGATION husband of Ypanto afforded reasonable opportunity to be
JUSTICE VS proceedings of heard and present evidence on his
LANTION Mark Jimenez E: Due process rights and hearing behalf
• Entitled to see may be invoked at eval stage of
official documents EXTRADITION proceedings Technical rules of procedure = x
pending evaluation strictly followed in admin case
CAMARA VS • Apt building INSPECTION AND EXAMINATION CARMELO VS • Anomalies in CONTEMPT PROCEEDINGS
MUNICIPAL inspection ! RAMOS license and permit
th
COURTS violation of 4 No SW is required but inspection must division of the Power to punish contempt must be
amendment be conducted during reasonable hours office of treasurer expressly granted to admin body
• Used as residence • Subpoenas issued
There was no emergency demanding by committee = Sect 580 Revised Admin Code –
immediate access in fact the unlawful Anyone who fails to appear may be
inspectors made 3 trips to the building subject to contempt of court
in an attempt to obtain Camara’s PROVIDED that the admin agency is
consent yet no warrant was obtained given the power to summon
and thus Camara was unable to verify
either the need for or appropriate limits Nothing in EO which grants summon
for the inspection powers therefore admin agency
SALAZAR VS • No license to INSPECTION AND EXAMINATION cannot invoke sect 580 of the RAC
ACHACOSO operate GR: • COMELEC may CONTEMPT PROCEEDINGS

MICHELLE DUGUIL 10
 
MAGSANCAY initiate contempt and extensive
VS COMELEC case GR: Effectiveness of quasi-judicial
• Maguindanao power hinges on its authority to HOWEVER, although the CIR may be
• Bedole failed to compel attendance of parties and their free from rigidity of certain procedural
appear = contempt witness at hearings requirements, it does not mean that it
can in justiciable cases coming before
COMELEC, thru TFM, was exercising it ignore or disregard the fundamental
QJ power in pursuit of truth behind the and essential elements of DP in trials
allegation of massive fund during and investigation of an admin
elections character ! motion for new trial
granted
The language of the Omnibus Election
code and COMELEC rules ROP is
broad enough to allow the initiation of
indirect contempt by the COMELEC
motu proprio
E: BEDOL VS • Provincial CONTEMPT PROCEEDINGS
COMELEC treasurer who
opened ballot When granted to punish contempt may
charged with be exercised only when admin body is
contempt by performing quasi-judicial functions
COMELEC
• Ministerial function E: When comelec exercises
– COMELEC MINISTERIAL FUNCTION, it cannot
cannot punish exercise power to punish contempt
contempt because such power is inherently
judicial in nature
GAOIRAN VS • Letter of complaint RULES OF PROCEDURE AND
ALCALA was filed with EVIDENCE
CHED against
Gaorian = head When granted power to punish
teacher of HS dept contempt may be exercised only when
of Agro Industrial admin body is exercising QJ function
College for
MAULING admin The verified complaint and sworn
officer in the same statement of witness although not
school under oath initiated by the appropriate
• Letter of complaint disciplining authority = admissible
= X under oath
Rules of Procedure and evidence =
admin agency is given wide latitude
ANG TIBAY VS • Agreement RULES OF PROCEDURE AND
CIR between Ang EVIDENCE
Tibay and NLU !
NLU alleged that Technical Rules of Procedure and
the supposed lack Evidence are not strictly applied in
of material claimed admin proceedings
by Toribia was a
scheme to CIR is more an administrative board
discharge all than a part of the integrated judicial
members of the system of the nation. It is not intended
NLU from work to be a mere receptive organ of the
• CIR decided the Government. It not only exercises
case and elevated judicial or quasi-judicial functions in
it to SC ! motion the determination of disputes between
for new trial was employers and employees but its
raised ! granted functions are far more comprehensive
MICHELLE DUGUIL 11
 
 Maria Luis Moral (Chief Librarian, National Library) – was charged with dishonesty,
grave misconduct and conduct prejudicial to the best interest of the service.

EXTRA CASE NOTES (WITH FACTS) Moral – filed Petition for Production of Investigation Committee Report purportedly to
guide her on whatever action to take. Her petition was denied. She filed for
mandamus. RTC denied motion to dismiss filed by Gloria. On appeal, CA, sustained
I. INITIATION OF INVESTIGATION RTC. Gloria went to SC.
Principle Admin agency or official may initiate HELD:
investigation on a complaint or on its own a. A respondent in admin case is not entitled to be informed of the findings and
motion. recommendations of any investigating committee created to inquire into
VILLALUZ v ZALDIVAR charges filed against him.
b. He is only entitled to the decision based on substantial evidence and a
Facts: reasonable opportunity to meet the charges and evidence presented against
Ruben Villaluz – was appointed Administrator of Motor Vehicles Office (MVO). her during the hearings of the investigating committee.

Cong. Joaquin Roces (Chairman of the Committee on Good Government) – informed 2. CONDUCT OF INVESTIGATION
the President about the findings of his Committee concerning alleged gross Principle # 2: due process rights of notice and hearing may be invoked at evaluation
mismanagement and inefficiency committed by Villaluz in MVO. Cong. Roces stage of extradition proceedings.
recommended the replacement of Villaluz. SEC. OF JUSTICE v LANTION

President – dismissed Villaluz, after the investigating committee created thereby
submitted its report.
Villaluz – claims that the admin proceedings conducted against him are illegal since
there was no previous verified complaint against him.
HELD:
a. The Chief Exec, as admin head of Villaluz, is empowered to commence admin
proceedings motu propio, without need of any previous verified complaint.
Facts:
Sec. Franklin Drilon – formed a panel to evaluate the request for extradition by the US
government of Mark Jimenez, who is wanted in the US for various crimes.
Jimenez – pending evaluation, requested for copies of extradition request and
documents submitted.
Drilon – denied the requests on the ground that, inter alia, that it’s premature to furnish
Jimenez documents.

2. CONDUCT OF INVESTIGATION Judge Ralph Lantion – upon pet of Jimenez directed DOJ to maintain status quo.
Principle no. 1 Respondent in admin case is not entitled Drilon went to SC.
to be informed of the findings and HELD:
recommendations of investigating
committee. a. one will search in vain the RP-US Extradition Treaty, the Extradition Law
RUIZ v DRILON (PD 1069), as well as American jurisprudence and procedures in extradition,
for any prohibition against the confinement of two basic due process rights
Facts: of notice and hearing during the evaluation stage of the extradition
Dr. Eliseo Ruiz – was ordered dismissed by Pres. Corazon Aquino for dishonesty and proceedings.
grave misconduct as president of Central Luzon State University (CLSU). ES Franklin b. Jimenez does not only face clear and present danger of loss of property or
Drilon denied Ruiz’s MR. employment, but of liberty as itself, which may eventually lead to his forcible
banishment to a foreign land.
Ruiz – filed petition for prohibition w CA, which issued TRO. After 8 days, Ruiz filed w
SC pet for annulment of AO 218 as well as of orders of Drilon denying his MR. CA 3. INSPECTION AND EXAMINATION
dismissed the petition as forum shopping. Thus, Ruiz went to SC alleging that he was Principle # 1: no search is required but inspection must be conducted during
not informed of the findings of the investigation conducted against him. reasonable hours.
HELD: CAMARA v MUNICIPAL COURT
a. Ruiz is not entitled to be informed of the findings and recommendations of
investigating committee created into charges filed against him. Facts:
b. He is entitled only to an admin decision that is based on substantial Camara – was a lessee of the ground floor of an apartment building.
evidence and a reasonable opportunity to meet the charges made against
him and the evidence presented against him during the hearings of the San Francisco Health Department – received information that Camara, was using the
investigating committees. rear of his leasehold as residence. Claiming that the building’s occupancy permit did
PEFIANCO v MORAL not allow residential use of the ground floor, inspector of the Health Department
demanded that Camara permit an inspection of the premises.
Facts:
MICHELLE DUGUIL 12

 
Camara – refused to allow the inspection because the inspector lacked search
warrant.
HELD:
a. There was no emergency demanding immediate access; in fact, the
inspectors made three tips to the building in an attempt to obtain Camara’s
consent to the search.
b. Yet no warrant was obtained and thus Camara was unable to verify either
the need for or the appropriate limits if the inspection.
3. INSPECTION and EXAMINATION
Principle # 2: Probable cause must be determined personally by the judge.
SALAZAR v ACHACOSO
Facts:
Tomas Achacoso (POEA Administrator) – ordered the seizure of documents and
paraphernalia being used as means of committing illegal recruitment owned by
Hortencia Salazar.
Salazar – requested POEA that the personal properties seized be immediately
returned in the ground that said seizure violate Sec. 2, Art 3 of the Phil. Consti which
guarantees right of the people “to be secure in their perons, houses, papers, and
effects against unreasonable searches and seizure of whatever nature and for any
purpose.” Before POEA could act on the request, Salazar filed suit for Prohibition with
SC.
HELD:
a. The Sec. of Labor (or the POEA Administrator), not being a judge may no
longer issue search or arrest warrants.
b. Art. 38, par c of LC, empowering Labor Secretary to issue search and arrest
warrants in illegal recruitment cases is declared unconstitutional.
4. ACCOUNTS, RECORDS, REPORTS, or STATEMENTS
Principle: accounts, records, reports, or statements may be required to be delivered
and deposited with admin body at the hearing.
CATURA v CIR
Facts:
Pablo Catura and Luz Salvador – President and Treasurer, respectively, of Phil.
Virginia Tobacco Admin Employees Assoc (PVTAEA), were charged before the CIR
with “unauthorized disbursement of union funds.”
CIR – required Catura and Salvador to deliver and deposit all Assoc’s books of
accounts and other documents related to finances of the union.
Catura and Salvador – filed MR on the grund that the order was beyond the power
CIR to issue.
HELD:
a. All that the challenged order did was to require said union officers to “deliver
and deposit” with CIR all docs related to its finances at the hearing.
b. The docs required to be purchased constitutes evidence of the most solid
character as to WON there was a failure to comply w the mandates of the
law.
5. ATTENDANCE OF WITNESSES
Principles: it is common for statues to confer such powers on admin agencies.
EVANGELISTA v JARENCIO
Facts:
Presidential Agency on Reforms and Govt Operations (PARGO) – created through EO
4, with power to investigate immoral practices, graft and corruptions, and to
investigate any public official or employee. Further, it is vested w power to summon
witnesses, administer oaths, take testimony or evidence relevant to its investigation.
Uses. Quirico Evangelista – issued subpoena to Fernando Manalastas, Public Sercice
Officer of Manila.
Manalastas – instead of obeying subpoena, filed w CFI-Manila Pet for prohibition
contenting that Pargo’s subpoena power is exercisable when it is performing quasi-
judicial or adjudicatory function.
Judge Hilarion Jarencio – granted the Pet. Thus, Usec. Evangelista went to SC.
HELD:
a. The subpoena is well within the legal competence of PARGO to issue
pursuant to EO 4(5) which empowered it to “summon witness...relevant to
the investigation.”
b. Subpoena power operates in all functions of PARGO. It is not merely
exercisable in quasi-judicial or adjudicatory function. To hold that subpoena
power of PARGO is confined to mere quasi-judicial or adjudicatory functions
would inactive the Agency in its investigatory functions.
6. HEARING
Principles: in admin investigation, formal or trial-type hearing is not required.
OFFICE of COURT ADM. V CANQUE
Facts:
Sylvia Canque (Clerk of Court of Cebu) – was arrested by NBI after an entrance
operation. SC treated the NBI entrapment as admin complaint for grave misconduct.
Case was referred to OCA for investigation, report and recommendation. SC, upon
recommendation of OCA, reassigned case to RTC-Cebu for investigation, report and
recommendation.
Investigating Judge – found Canque guilty of grave misconduct and recommended
penalty of dismissal.
OCA – recommended that Report of Investigating Judge be set aside and complaint
be reinvestigated upon finding that Canque was not informed of her right to be heard
by herself and counsel during the investigation which allegedly amounted to denial of
her right to due process.
HELD:
a. The essence of due process is that a party be afforded reasonable
opportunity to be heard and to presented any evidence he may have in
support of his defense.
b. Technical rules of procedure and evidence are not strictly applied to admin
proceedings. Thus, admin due process cannot be fully equated w due
process it its strict judicial sense. A formal or trial-type hearing is not
required.
Contempt Proceedings
Principle No. 1 Power to punish contempt must be
expressly granted to administrative
body
MICHELLE DUGUIL 13
Carmelo v. Ramos Contempt Proceedings

Facts: Principle No. 2 When granted, the power to punish

Jesus Carmelo – tasked by virtue of an EO issued by the Mayor of Manila to head contempt may be exercised only when
a committee to investigate anomalies involving certain personnel, issued administrative body is performing
subpoenas to Armando Ramos, bookkeeper, to appear in connection with an quasi-judicial functions
administrative case but Ramos refused. Carmelo filed in CFI Manila a petition to Masangkay vs. COMELEC
declare Ramos in contempt. CFI ruled that there is no law empowering
committees created by municipal mayors to issue subpoenas and demand Facts:
witnesses to testify under oath Benjamin Masangkay (Provincial Treasurer of Aklan) –was charged before the
COMELEC with contempt for having opened 3 ballot boxes containing official and
Carmelo – appealed to the SC invoking Sec. 580 RAC “when authority to take sample ballots not in the presence of division superintendent of schools, provincial
testimony or evidence is conferred upon, any.. committee… such authority shall.. auditor and representatives of NP, LP and Citizen’s Party, as required in a
comprehend the right to administer oaths and summons witnesses… Any one COMELEC Resolution
who, without lawful excuse, fails to appear upon summons… shall be subject to
discipline as in case of contempt of court…” Masangkay – elevated the case to SC contending that even if he can be held
Held: guilty of contempt, the decision is null and void for lack of valid power on the part
of the Commission to impose such disciplinary penalty
One who invokes Sec. 580 must show he has authority to take testimony or Held:
evidence before he can apply to courts for punishment of hostile witness
When COMELEC exercises ministerial functions, it cannot exercise the power to
Nothing in the EO about such grant of power punish contempt because such power is inherently judicial in nature
Only power to investigate which does not imply delegation of power to take
testimony or evidence of witnesses whose appearance may be required by due The resolution which COMELEC tried to enforce and for whose violation the
process of law charge for contempt was filed against Masangcay merely call for the exercise of
an administrative or ministerial function for they merely concern the procedure to
be followed in the distribution of ballots and other election paraphernalia among
Contempt Proceedings
the different municipalities.
Principle No. 2 Effectiveness of quasi-judicial power
hinges on its authority to compel
attendance of parties and compel
attendance of parties and their
witnesses at hearings Contempt Proceedings
Bedol vs. COMELEC
Principle No. 2 When granted, the power to punish
Facts: contempt may be exercised only when
Comelec task force – tasked to conduct factfinding investigation of allegation of administrative body is performing
fraud and irregularities in the conduct of the May 24, 2007 elections in quasi-judicial functions
Maguindanao Goairan vs. Alcala

Lintang Bedol (PES for Maguindanao) – refused to appear during hearing and to
answer questions before the task force. Was found guilty of contempt of the
Commission and meted 6 months imprisonment. He filed MR, which was denied.
He elevated to the SC contending that COMELEC sitting as National Board of
Canvassers, was performing administrative not quasi-judicial functions. He argued
that the COMELEC, in that capacity, could not punish him for contempt
Held:
Comelec through task force Maguindanao was exercising its quasi judicial power
in pursuit of truth behind the allegations of massive fraud during the elections in
Maguindanao
To withhold the power to punish individuals who refuse to appear during fact-
finding investigation would render nugatory the COMELECS investigative power,
which is an essential incident to its constitutional mandate to secure the conduct of
honest and credible elections
Facts:
Florian Gaoiran (Head Teacher, Angadanan Agro-Industrial College) was charged
by Edmon Castillejo (Administrative officer of the same school), before the CHED ,
for mauling him while he was performing his duties. Appended to the complaint
were verified criminal complaints filed by Castillejo and sworn statements of his
witnesses for assault to person in authority. Gaoiran was preventively suspended
for 90 days. He sought reconsideration contending that a complaint was not under
oath citing EO 292
Angel Alcala – dismissed Goairan from service, Gaoiran filed a petition with the
RTC, which ruled in his favor. On appeal, CA reversed RTC.
Held:
The verified complaint that Castillejo filed against Goairan, as well as the sworn
statements of his witnesses could very well be considered as constituting the
complaint against him

MICHELLE DUGUIL 14
 
Government agency is given wide latitude in the scope of its exercise of its
investigative powers. After all, in administrative proceedings, technical rues of
procedure and evidence are not strictly applied

MICHELLE DUGUIL 15
 
FINALS functions
NATURE OF GRANT a) Relaxation of separation of powers;
TOPICS: and
1. RULE MAKING POWER b) An exception to non-delegation of
2. DOCTRINE OF NON-DELEGATION OF POWERS legislative powers
3. RULES AND REGULATIONS WITH PENAL OR CRIMINAL SANCTIONS
4. ADMIN PROCEEDINGS PRINCIPLE OF NON-DELEGATION OF POWERS
5. QUASI-JUDICIAL POWER • Rule: Potestas delegata non delegari potest
6. JUDICIAL REVIEW • Basis: Delegated power = (Right + duty) – further delegation = Negation
• CASE: KMU VS GARCIA
o Doctrine: Legislature delegated to the defunct PSC the power of
I. RULE MAKING POWER – lectured by sir fixing rates of public services. LTFRB is likewise vested with the
1. Definition of Rule Making same under EO 202.
2. Definition of Rules and Regulation o Nowhere under said low is LTFRB authorized to delegate that
3. Why is Administrative agencies given such powers power to transport operators. The authority given by the LTFRB to
4. What is the necessity of such power provisional bus operators to set fare range is tantamount to undue
5. Nature of the grant of rule making power delegation of legislative authority.
6. Principle of Non-delegation o Potestas delegata non delegari potest
7. 3 issues on rule making power
8. Memorize (TEPLA – Permissible delegation):
Section 28, par. 2, Art. VI of the Constitution 3 ISSUES ON RULE-MAKING POWER
Section 23, par. 2, Art. VI
Section 2, Art. XVII 1. PERMISSIBILITY OF W/N there is: 1. Delegation of Tariff
Section 3, Art. X DELEGATION 1) Legislative grant of Powers to the
authority President
Cases: 2) To admin bodies 2. Delegation of
1. KMU v Garcia 3) To issue rules and Emergency Powers
2. Santiago v Comelec regulations to the President
3. Phil Assoc of Service Exporters v Torres 3. Delegation to the
4. US v Ang Tang Ho People at Large
5. Ynot v IAC 4. Delegation to Local
6. Dept. Of Agrarian Reform v Sutton Governments
7. Solicitor General v MMA 5. Delegation to
8. Boie Takeda Chemicals v Dela Serna Administrative
9. United BF Homeowner's Assoc v BF Homes Bodies (express or
10. Lupangco v CA implied)
(TEPLA)
2. VALIDITY OF W/N the grant meets the: 1. Statute is complete in
BASIC CONCEPTS DELEGATION 1) Completeness test all its essential terms
2) Sufficient standard and conditions when
RULE MAKING POWER (power of a) Power given to admin agencies test it leave legislature so
subordinate legislation) (express) *US VS HABAYASHI that there will be
b) To issue or promulgate rules and • Curfew in Americans nothing left for
regulations with Japanese delegate to do when
c) Necessary to carry out its functions descent it reaches him except
(implied) • Purpose or standard to enforce it
RULES AND REGULATIONS a) Those issued by admin or executive X need to be express 2. Statute fixes a
officers; – judiciary may look standard, mapping
b) In accordance with and as into it for the out the boundaries of
authorized by law standard the delegate’s
RATIONALE Administrative bodies have: • Standard/ purpose authority by defining
a) Competence here: To promote the legislative policy
b) Opportunity national security and indicating the
NECESSITY a) in order to adopt the increasing circumstances under
complexity which it is to be
b) Of modern life and variety of public pursued and effected

MICHELLE DUGUIL 16
 
3. VALIDITY OF W/N the regulation 1. Not inconsistent
EXERCISE conforms with: with Constitution
1) What the statute 2. Not inconsistent SANTIAGO VS
provides with statute COMELEC
2) Where the same is 3. Cannot amend Comelec does NOT
reasonable act of congress have the power
4. Cannot exceed under RA 6735 to
provisions of promulgate rules and
basic law regulations to
5. Uniform, implement the right
reasonable, not of the people to
unfair or directly propose
discriminatory amendments to the
constitution through
initiative
st
1 ISSUE – PERMISSIBILITY OF DELEGATION

PERMISSIBILITY CONSTITUTIONAL PROVISIONS CASE

OF DELEGATION
nd
Delegation of Sect 28 (2), Art. VI – Congress may 2 ISSUE – VALIDITY OF DELEGATION
Tariff Powers to by law authorize the president to fix
the President within specified limits and subject to TEST DEFINITION CASE
such limitations and restrictions as it 1) COMPLETENESS Statute is complete in all US VS ANG TANG HO –
may impose, tariff rates, import and TEST its essential terms and rice act
export quotas, tonnage and wharfage conditions when it leave
dues, and other duties or imports…” legislature so that there Legislature did not specify
Delegation of Sec 23 (2), Art VI – in times of war or will be nothing left for under what conditions
Emergency other national emergency, Congress delegate to do when it the rule may be issued
Powers to the my by law authorize the President, for reaches him except to and did not define what
President a limited period and subject to such enforce it constitutes
restrictions as it may prescribe, to extraordinary increase in
exercise powers necessary and price of cereals = X
proper to carry out a declared national complete legislation
policy. Unless sooner withdrawn by
resolution of the Congress, such 2) SUFFICIENT Statute fixes a standard, YNOT VS IAC –
powers shall cease upon next STANDARD TEST mapping out the carabao/carabeef // “may
adjournment thereof boundaries of the see fit”
Delegation to the Sec 2, Art XVII – Amendments to this delegate’s authority by
People at Large Consti may likewise be directly defining the legislative One searches in vain for
proposed by the people through policy and indicating the the usual standard and
initiative and upon petition of at least circumstances under reasonable guidelines, or
12% of the total number of registered which it is to be pursued better still, the limitations
voters and effected that said officer must
Delegation to Sec 3, Art X – Congress shall enact a observe when they make
Local LGC which shall provide for a more their distribution. There is
Governments responsive and accountable local none
government structure instituted
through a system of decentralization…
rd
Delegation to By legislative act – authorizing it to PASEI VS TORRES 3 ISSUE – VALIDITY OF EXERCISE
Administrative promulgate rules and regulations Art 36 of the LC
Bodies expressly grants the
By implication – adopt rules and labor secretary the Not inconsistent with Constitutional provisions DAR VS SUTTON
regulations deemed necessary to the power to restrict and Constitution control what rules and
efficient exercise of the powers regulate recruitment. regulations may be DAR has no power to
expressly granted promulgated by admin regulate livestock farms
bodies which have been

MICHELLE DUGUIL 17
 
 exempted by the Constitution. PRC has
Constitution from the no authority to dictate on
coverage of agrarian the reviewees as to how
reform they should prepare
themselves for licensure
examinations. It is
Not inconsistent with Statutory provisions SOL GEN VS MMA inconceivable how PRC
statute control what rules and can manage to have
regulations may be PD 1605 (granting MMC watchful eyes on each
promulgated by admin powers related to traffic and every examinee
bodies management and during 3 days
control in Metro Manila)
does not allow either
removal of license plates II. RULES AND REGULATIONS WITH PENAL PROVISIONS
or confiscation of 1. Meaning of Rules and Regulations with Penal Provisions
driver’s licenses for 2. Memorize, explain requisites for validity
traffic violations. MMA 3. Requisites of Publication
ordinance imposes 4. On notice and hearing
sanctions PD 1605 does
nor allow and actually Cases (see case table):
prohibits 1. People vs. Maceren – electro fishing; x valid law
Cannot amend act of May not amend, alter, BOIE TAKEDA VS DE 2. US vs Panlilio – Quarantine of sick animals; x valid law
congress modify, supplant, LA SERNA 3. People vs Santos – Conditional clause requiring permission to fish; X valid
enlarge or expand, 4. Perez vs LPG refillers – Circular No. 2000-06-010; ✓valid law
restrict or limit the In including 5. People vs Que Po Lay – Possession of foreign exchange; X publish; x valid
provisions or coverage commissions in the 6. Tanada vs Tuvera – Publication of laws
th
of the statute computation of 13
month pay, DOLE MEANING OF RULES AND REGULATIONS WITH PENAL PROVISIONS
unduly expanded the • Refer to rules and regulations with penal and criminal sanctions for violation
concept of “basic salary” of the same
as defined in PD 851.
• ✓ Power to issue by admin agency where the delegating statute itself
Implementing rules
makes the violation of the administrative regulation punishable and provides
cannot add or detract
for its penalty
from the provisions of
the law it is designed to
REQUISITES FOR VALIDITY (Verbatim)
implement. They cannot 2
1. The law which authorizes the promulgation of the rules and regulations
widen its scope. 3
must itself declare as punishable the violation of the rules and regulations
Cannot exceed provisions They must be within the UNITED BFHA VS BF issued therein
of basic law scope and purview of HOMES 2. It must fix or determine such penalty
the statutory authority 3. Rules and regulations must be published in the Official Gazette
granted by legislature There was a clear
attempt to unduly NATURE
expand the provisions of • Prescribing penalties = legal function
PD 902-A. The inclusion
• But Congress may validly provide in the law itself for the imposition of the
of the phrase
penalty for violation which it has empowered the administrative agency to
“GENERAL PUBLIC OR
enact
OTHER ENTITY” is a
matter which HIGC
REQUISITES OF PUBLICATION (sir notes)
cannot legally do
1. What are the laws that must be published? In general, laws of general
Uniform, reasonable, not They must not act LUPANGCO VS CA
applicability
unfair or discriminatory arbitrarily and
1) Private laws (ex. citizenship grant to Bill gates)
capriciously in PRC Resolution No. 105
2) Charters
promulgating rules and is not only unreasonable
3) Rules and Regulations or Circulars
regulations and arbitrary, it also
infringes on the                                                                                                                          
examinee’s right to 2
Charter/Enabling Law
liberty guaranteed by the 3
Completeness Test  
MICHELLE DUGUIL 18
 
 2. Where? • An organ of the government other than a court and other than a legislature
• Official Gazette OR Newspaper of General Circulation (Art 2 as which affects the rights of private parties through either adjudication or rule
amended by EO 800) making
• OG is mandatory
3. When?
• SC did not give time frame REQUISITES FOR PROPER EXERCISE OF QUASI-JUDICIAL POWER (SPD)
• SC just said ASAP 1. Jurisdiction of the SUBJECT matter must be conferred by law or the
Constitution
2. Jurisdiction over the PERSON must be properly acquired by the admin body
3. DUE PROCESS must be observed in the conduct of the proceedings
III. QUASI-JUDICIAL POWERS/ADJUDICATORY POWERS
1. Definition
3 STEPS TO EXERCISE QUASI-JUDICIAPL POWERS (ReDeDeRe)
2. 3 elements
1. Receive evidence form the parties and ascertain the facts from those
3. 3 steps to quasi-judicial powers
evidence
4. Administrative function vs. quasi-judicial function
2. Determine what the law is and what are the legal rights of the parties
5. Different classification of adjudicatory powers
3. On the basis of the evidence presented and the applicable law, decide the
controversy and render judgment
Cases (see table):
1. Presidential Anti-Dollar v. CA – PADS = X QJ = X power to issue SW
DISTINGUISHED FROM JUDICIAL POWER
2. Cojuangco v. PCGG – recovery of ill gotten wealth; X be judge and prosec
• Judicial power – the power to hear, try, and determine all sorts of cases at
at the same time
law and equity which are brought before the courts.
3. Santiago, Jr. v. Bautista – grade 6 students; Committee on rating honors =
o Power and authority to make a final, rather than an initial
X QJ body; 3 steps to exercise QJ power
4. SMART v. NTC – Admin body exercising QL power = X apply DEAR determination, of what the law is and adjudicate the respective
5. Guerzon v. CA – Service station lease; dealership agreement; BEU = x legal rights or liabilities of the contending parties with respect to
power to order vacancy the matter in controversy
6. Antipolo Realty v. NHA – NHA = quasi-judicial body • For the purpose of deciding questions as to the powers with which an admin
agency may be vested, the true rule is that where the function of the
DEFINITION OF QUASI-JUDICIAL POWER agency is primarily administrative and the power to hear and
• Power to determine questions of fact to which the legislative policy is to determine controversies is granted as an incident to the admin duty,
apply and to decide in accordance with the standards laid down by law itself the power is administrative, or at least it is properly exercisable by the
in enforcing and administering the same law admin agencies
• By this power, admin authorities are enabled to interpret and apply not only
ADMINISTRATIVE FUNCTION VS QUASI-JUDICIAL FUNCTION
implementing rules and regulations promulgated by them but also the laws
entrusted to their administration ADMINISTRATIVE QUASI-JUDICIAL
• Te fact remains that the function of any particular act must be either One which an officer or tribunal performs One which applies to the actions,
administrative or judicial and there can in reality be no middle or halfway in the context of a given set of facts in a discretion of public administrative
ground between them. prescribed manner and without regard officers or bodies that are required to
• The term simply approves the exercise of a judicial power by an admin to the exercise of his own judgment investigate facts or ascertain the
upon the propriety or the impropriety of existence of facts, hold hearings, weigh
agency or approving review by the courts of the exercise of power by admin
the act done evidence and draw conclusions from
agencies them as basis for their official action and
• Used to designate the character of particular proceedings or powers, the exercise of discretion in a judicial nature
exercise of which must be accompanied with certain formalities and Ministerial Discretionary
safeguards characteristic of the judicial process
• Admin agencies are NOT CONSIDERED AS COURTS; they are not part of CLASSIFICATION OF ADJUDICATORY POWERS
the judicial system nor are deemed judicial tribunal
POWER DEFINITION EXAMPLES
1. Enabling Power Powers that permit the doing • LTO – licenses
3 ELEMENTS
of an act which the law • DTI – business
1. Previously established rules and principles
undertakes to regulate and permits;
2. Concrete facts whether past or present, affecting determinate individuals
which, would be unlawful • NTC – grant of
3. Decisions as to whether those facts are governed by the rules and
without government approval certificate of public
principles
convenience or
QUASI-JUDUCIAL BODY necessity
• LTFRB – franchise
MICHELLE DUGUIL 19
 
 for public utility 5. Lumiqued vs Exevia – Regional Director of DAR-CAR; X right to counsel in
vehicles admin proceedings; ✓DP
2. Directing Power Powers that order the doing or • NLRC- order of 6. Casimiro vs Tandog – tax declaration; essence of DP = opportunity to be
performance of particular acts reinstatement heard; ✓DP; substantial evidence
to ensure compliance with the • BIR – power of 7. Globe vs NTC – VAS X main case; interconnection was the main case = X
law and are often exercised for assessment under given opportunity to be heard and submit evidence = X DP
corrective purposes revenue laws
• DOLE – award to WHAT ARE ADMIN RULES OF PROCEDURE (sir notes)
workers under • Guidelines which an admin body adopts in the exercise of its quasi-judicial
workmen’s power
compensation laws
3. Dispensing Power It allows the administrative • BIR- grants FACTORS THAT INFLUENCE (sir notes)
officer to relax the general exemptions 1. Nature of admin bodies
• Exemption from o Example: LTFRB deals with business affected with public interest
operation of a law or to exempt hence ROP should written + public hearing
from general prohibition, or Military/ Philippine
army by the 2. Purpose of admin bodies
relieve an individual or a o Example:
Philippine Army and
corporation from an affirmative Acceptance Board 3. Officers of admin bodies
duty o Example: NLRC rules and regulations are more technical than
Bureau of Immigrations because the officers of NLRC are
composed of lawyers
o If composed of laymen – more simple terms are used
4. Summary Power Power to apply compulsion or • Summary abatement
force against persons or of nuisance per se;
POWERS DERIVED FROM (sir notes)
property to effectuate a legal • BIR – summary
1. Statute/ Rules/ Law creating admin bodies
purpose without judicial restraint/levy of 2. Doctrine of necessary implication
warrants to authorize such property of 3. Constitution – Art 8, sect 5, par 5 – review by SC
actions delinquent taxpayers o “Rules of procedure of special courts and quasi-judicial bodies
5. Equitable Powers Power to determine what is fair • Power to appoint shall remain effective unless disapproved by the SC”
and equitable in view of the receive 4. Characteristics of admin proceedings
particular state of facts of a • Power to issue
case injunction ADMINISTRATIVE DUE PROCESS
• The essence of due process in admin proceedings is the opportunity explain
Application of equitable one’s side or seek a reconsideration of the action or ruling complained of,
principles in the interest of and to submit any evidence a party may have in support of his defense
justice and fair play • The demands of due process are sufficiently met when the parties are given
the opportunity to be heard before judgment is rendered

IV. ADMINISTRATIVE PROCEEDINGS FUNCTIONS

• Primarily administrative and power to hear and determine controversies is
1. Constitution, Art 8, Sec 5 (5)
2. Factors the influence granted as an incident to the admin duty
3. Admin rules of procedure
CHARACTERISTICS (8)
4. 4 characteristics of admin proceedings
5. 4 Additional characteristics of admin proceeding
6. Quantum of Proof CHARACTERISTIC DEFINITION
7. Hierarchy of evidence 1. ADVERSARY IN NATURE • 2 parties involved (enemy/opponent)
8. Requisites of Admin Process – memorize! • Results in an order in favor of one
person against another
Cases: • Ex.:
1. Bantolino vs. Coca-Cola – Labor case; X apply strict rules of procedure o SEC
2. First Lepanto Ceramics vs CA – glazed floor tiles to ceramic tiles; o ULP before NLRC
modification by SC of rules of procedure of admin bodies
3. Villa vs Lazaro – funeral parlor near hospital; X 4 requisites of admin due 2. QUASI-JUDICIAL OR JUDICIAL IN • Judicial if (Rededere):
process NATURE 1. Taking and evaluation of
4. Paterok vs Bureau of Customs – Benz and Bourgetti; Posting on BB = X evidence
sufficient notice = XDP 2. Determination of facts based
MICHELLE DUGUIL 20

 

3. CIVIL, NOT CRIMINAL IN NATURE
4. NOT AN ACTION AT LAW
5. RULES OF COURT MAY BE
APPLIED SUPPLETORILY
6. STRICT LEGAL RULES NOT
APPLICABLE
7. QUANTUM OF PROOF
8. SUPREME COURT CAN MODIFY
RULES OF PROCEDURE OF
ADMIN AGENCY
HIERARCHY OF EVIDENCE
1. Proof beyond reasonable doubt
2. Clear and convincing evidence
3. Preponderance of evidence
4. Substantial evidence
HIERARCHY OF EVIDENCE
1. Proof beyond reasonable doubt
Criminal case
on evidence presented
3. Rendering an order or decision
supported by facts proven
• Example:
o Trials and proceedings for
the discipline of police
officers, license
revocation, quarantine
proceedings, deportation
proceedings
• X exempt from fundamental
procedural principles such as right
to due process in investigations and
hearings
• Public one looking at some public
ends
• X litigation between parties
• Preventive and remedial to
implement a public policy
• Example:
o NLRC ID case – Why? –
uses Labor Code !
public end: protection to
labor
• Only in the absence of different and
valid statutory or admin proceedings
• Example:
o Sec 2, Rule 18 (conduct
of pre-trial) ! ✓
applicable to determine if
parties are willing to enter
o Possibility of referring
case to arbitration
BATOLINO VS COCA-COLA
• Labor case
• X apply strict ruls of procedure
• Substantial evidence – more than
a mere scintilla. It means such
relevant evidence that a reasonable
mind might accepts as adequate to
support a conclusion
MEANING
• Evidence of such convincing
character that as a judge you would
be willing to rely upon it without
hesitation and impose judgment of
conviction – sir notes
• Requires moral certainty or such
degree of proof that produces
conviction in an unprejudiced mind
2. Clear and convincing evidence • Highly and substantially more
probable to be true than not and the
Extradition case trier of the facts is convinced of its
factuality – sir notes
• Lower than PBRD but higher than
preponderance of evidence
• Example:
o Extradition proceedings –
Extraditee must prove that
he is X flight risk
• More stringent standard that requires
the allegation to be proven to the firm
belief or satisfaction of the trier of fact
3. Preponderance of evidence • The guide is whose evidence has
greater weight or who is more
Civil cases convincing – sir notes
• The weight, credit, and value of the
aggregate evidence of one is
superior to the other; greater weight
of evidence
• Example:
o Action for damages in
breach of contract
4. Substantial evidence • Such evidence as a reasonable
mind may accept as a conclusion –
Admin cases sir notes
• More than a mere scintilla. It means
such relevant evidence that a
reasonable mind might accepts as
adequate to support a conclusion
• Example:
o LA accepts position
papers in ID case
REQUISITES OF ADMINISTRATIVE DUE PROCESS – MEMORIZE!
1. Right to notice, be it actual or constructive, of the institution of the
proceedings that may affect a person’s legal right
2. Right to reasonable opportunity to appear personally or with the assistance
of counsel and defend his rights and to introduce witnesses and relevant
evidence in his favour, by testimony or otherwise, and to controvert the
evidence of the other party
3. Right to a tribunal vested with competent jurisdiction, so constituted as to
give him reasonable assurance of honesty and impartiality
4. Right to a finding or decision by that tribunal supported by substantial
evidence presented at the hearing or at least ascertained in the records, or
disclosed or made
MICHELLE DUGUIL 21

  o Determination whether a thing is a nuisance)
V. JUDICIAL REVIEW • Rule: Questions of fact is subsumed with the question of law (only instance
1. Doctrines when a reviewing body may review a question of fact)
2. Requirement and Format • Under this doctrine, the more important question assimilates the other.
3. Exceptions to DEAR
DOCTRINES – (sir notes) – see table page 23
REQUIREMENT AND FORMAT 1. Primary Jurisdiction
• 1987 Admin Code, Book 7, Sec 14 provides “admin agencies shall decide 2. Exhaustion of admin remedies (DEAR)
3. Ripeness for review
each case within 30 days following its submission.”
• Admin Code, Book 7, Sec14 states that “Every decision rendered by the
agency in a contested case shall be in writing and shall state clearly and GR: LAGUNA CATV CASE
distinctly the facts and law on which it is based.”
3 3
• When is a case deemed submitted for decision? 11 EXCEPTIONS TO DEAR – P N Q-SICE
o After both parties shall have concluded presentation of their
evidence or upon the filing of their respective memoranda EXCEPTION CASE RATIONALE
Remedy is permissive Corpus v Cuaderno “May” – by the presence
• Decision of agencies shall become final and executor 15 days after the
only of the word may,
receipt thereof by the party adversely affected exhaustion is not a
o E: Unless within that period, an admin appeal or judicial review prerequisite
has been perfected, in which case the running of the period will Issue involved is purely Madrigal v Lecaroz When it is a purely a
be suspended legal/question of law question of law, no need
• NIKKOS VS CA – Cannot say that X won or Y lost; must explain why! to EAR since whatever the
admin body says, the
question of law will never
QUESTIONS OPEN FOR REVIEW
be settled, it can only be
settled by the courts
Questions of Law
Administrative action is Cabada v Alunan When it is a patently illegal
• Arises when there is doubt as to what the law is on a certain state of facts
patently illegal act, it involves GAD or
• Rule: Admin agencies ascertain facts, law applicable and adjudicate
amounting to lack or lack of jurisdiction, hence
• Reviewing court may assume jurisdiction: Whether law is applied to the
excess of jurisdiction body has no jurisdiction to
facts of the case ! question of law is cognizable by reviewing court
begin with
• Examples:
No admin order has been Datiles and Co. v X ripeness for review (?)
o Constitutional issues
issued Sucaldito
o Jurisdiction question
Nullification of claims Gravador v Mamigo Urgency of the situation
o Compliance with law or procedure
No other plain, speedy, NFA v CA Time is of the essence
adequate remedy
Questions of Fact
When the Doctrine of Almine v CA DEAR X applicable
• When the doubt arises as to the truth or falsity of the alleged facts
Qualified Political because whatever
determined by the facts of the case ! “nangyari or hindi nangyari”
Agency is applicable decision of the secretary
• Rule: Finding of fact of admin agencies are conclusive upon court;
(Sec. is the alter ego of is, it is also the decision of
substantial evidence ! X allowed to be reviewed by reviewing court
the Pres the president, hence if it
• Exceptions: were required, it would
o Expressed by law ! law expressly allows review result to mere redundancy
o Fraud, mistake, imposition other than error in judgment
Strong public interest is Arrow Transport v BOT One of the criticisms of
o Error in application of proceeding and interpretation of evidence
involved admin proceeding is lack
submitted
of standard rules of
procedure ! hence the
Mixed (Brandeis Doctrine of Assimilation of Facts) – Both fact and law
court tried to avoid
• Where what purports to be a finding upon question of fact is so involved with uncertainty… (?)
and dependent upon a question of law (as to be in substance and effect a
Irreparable UP v BOR Rationale is innate in all
decision on the latter, the Court will, in order to decide the legal question,
injury/damage will result living things – right to self
examine the entire record, including the evidence if necessary as it does in
preservation; naturally
cases coming from the highest court of the State)
want to preserve your
• Falsity or truthfulness of fact and law position given hence,
• Example: given the right to go to the
MICHELLE DUGUIL 22

 

Constitutionality of quasi-
legislative power
Estoppel
court
Smart v NTC ?
Tan v Veterans The agency should be
bound by its action ! it
was the VBC which told
Mrs. Tan to go to the court

MICHELLE DUGUIL 23
 
 DOCTRINE MEANING FUNCTION APPLICATION RATIONALE
PRIMARY • Plaintiff should first seek relief in Determine WHO decides Applicable only when 1) One of the advantages
JURISDICTION an administrative proceeding the case exercising Quasi judicial of admin proceeding is
before he can seek remedy in a function that there is expertise
court on the part of the
• The court will not resolve a admin body – take
controversy involving a question advantage of such
which is within the jurisdiction of specialization
an admin tribunal, where the 2) An attempt to come up
question demands the exercise with uniformity of
of sound administrative tribunal application or to
to determine technical and address lack of SRP
intricate matters.
• Judicial process is suspended
pending referral of such issues to
an administrative body
• When competence or jurisdiction
is given to an admin body, you
cannot go to the courts until…
(like EJ) – sir notes

EXHAUSTION OF • Whenever there is an available Determine WHEN the court Quasi-judcicial 1) Stops the influx of
ADMIN REMEDIES administrative remedy provided enters the operation court cases which will
by law, no judicial recourse can clog the courts
be made until all such remedies 2) To give the agency an
have been availed and opportunity to correct
exhausted its mistake if it found
• an administrative decision must itself to have
be appealed to the admin committed error
superior up to the highest level 3) To uphold the
before elevating it to the court for principles of comity
review and convenience

MICHELLE DUGUIL 24
 
 o Ex. Director of Forestry
– Sec. of Agriculture –
Office of the Pres. –
Courts

RIPENESS FOR • If the interest of the person is Determine WHEN the court Quasi-LEGISLATIVE 1) To prevent premature
REVIEW imminent of danger of damage or enters the operation adjudication
injury 2) Protection from judicial
• In essence, the same as that of interference
DEAR, except that it applies to
rule making and to admin action
which is embodied neither in
rules or regulations nor in
adjudication or final orders

MICHELLE DUGUIL 25

 
 CASE KEYWORDS DOCTRINE that will enhance the protection
RULE MAKING POWER of Filipino domestic helpers
11. KMU V Increase fare • Legislature delegated to the going to HK
GARCIA X valid legislation defunct PSC the power of • Circulars are a valid exercise
fixing rates of public services. of the Police power as
PRINCIPLE OF LTFRB is likewise vested with delegated to the executive
NON DELEGATION the same under EO 202. branch of the government
OF POWERS - • Nowhere under said low is 14. US V ANG Rice Act • Legislature did not specify
Potestas delegata LTFRB authorized to delegate TANG HO under what conditions the rule
non delegari potest that power to transport X complete legislation may be issued and did not
operators. The authority given VALIDITY OF define what constitutes
by the LTFRB to provisional DELEGATION - extraordinary increase in price
bus operators to set fare range COMPLETENESS of cereals.
is tantamount to undue TEST • Promulgation is left to sole
delegation of legislative discretion of Governor
authority. General. Law is thus
• Potestas delegata non delegari incomplete legislation
potest 15. YNOT V IAC Carabao and carabeef • One searches in vain for the
** US VS Curfew in Americans • Purpose or standard X need to law = X valid usual standard and reasonable
HABAYASHI with Japanese be express – judiciary may VALIDITY OF guidelines, or better still, the
descent look into it for the standard DELEGATION - “May see fit” limitations that said officer
• Standard/ purpose here: To SUFFICIENT must observe when they make
VALIDITY OF promote national security STANDARD TEST EO 626-A – prohibited their distribution. There is
DELEGATION - the interprovincial none.
SUFFICIENT movement of • Their options are apparently
STANDARD TEST carabaos and boundless
12. SANTIAGO V Comelec Reso No • Comelec does NOT have the carabeef • The phrase “may see fit” is an
COMELEC 2300 – issued to power under RA 6735 to extremely generous and
govern the conduct of promulgate rules and X sufficient standard dangerous condition. It is
PERMISSIBILITY initiative on the Consti regulations to implement the test laden with perilous
OF DELEGATION – and initiative and right of the people to directly opportunities for partiality,
DELEGATION TO referendum and propose amendments to the abuse and even corruption
ADMIN BODIES National and Local constitution through initiative 16. DEPT. OF AO9 • DAR has no power to regulate
laws • Reliance on Sec 2(1), Art 9-C AGRARIAN livestock farms which have
of the Consti is misplaced for REFORM V Land devoted to cattle been exempted by the
the laws and regulations SUTTON raising Constitution from the coverage
X Valid referred to therein are those of agrarian reform
promulgated by Comelec VALIDITY OF RA 6657 (CARL) • A09 = X valid = contravenes
under Sec 3, Aticle 9-C and a EXERCISE - NOT the consti
law where subordinate INCONSISTENT X valid exercise • DAR exceeded power in
legislation is authorized and WITH issuing AO 9
which satisfies the CONSTITUTION
completeness and sufficient 17. SOLICITOR Ordinance No 11 - • PD 1605 (granting MMC
standard test GENERAL V detach license plates powers related to traffic
• MMA = X valid exercise management and control in
13. PHIL ASSOC DO 16 – temporarily • Art 36 of the LC expressly Metro Manila) does not allow
OF SERVICE suspended grants the labor secretary the either removal of license plates
EXPORTERS recruitment by private power to restrict and regulate VALIDITY OF or confiscation of driver’s
V TORRES employment agencies recruitment EXERCISE - NOT licenses for traffic violations.
of Filipino domestic • DO 16 merely restricted of INCONSISTENT • MMA ordinance imposes
PERMISSIBILITY helpers going to HK petitioner’s business WITH STATUTE sanctions PD 1605 does nor
OF DELEGATION – operations by excluding allow and actually prohibits
th
DELEGATION TO ✓Valid therefrom recruitment and 18. BOIE TAKEDA 13 month pay • In including commissions in
ADMIN BODIES deployment of domestic CHEMICALS V computation th
the computation of 13 month
helpers for HK until after the DELA SERNA Included commissions pay, DOLE unduly expanded
establishment of Mechanisms in “basic salary” = X the concept of “basic salary”
MICHELLE DUGUIL 26

 
VALIDITY OF valid as defined in PD 851. Act 1760 – X punish penal offense, nor is it
EXERCISE - • Implementing rules cannot add for violation of punished in any way therein.
Cannot amend act X valid exercise or detract from the provisions quarantine order of • What the act penalizes is the
of congress of the law it is designed to Director of Agriculture; violation of any of its
implement. They cannot widen provisions and not the violation
its scope. “Suffering” vs. of any rules and regulations
19. UNITED BF PD 902 A – vested • There was a clear attempt to “Exposed” that may be issued thereunder
HOMEOWNER' Home Insurance unduly expand the provisions
S ASSOC V BF Guarantee Corp of PD 902-A.
HOMES (HICG) with • The inclusion of the phrase 9. PEOPLE VS Written permission • The provisions in the
jurisdiction over “GENERAL PUBLIC OR SANTOS needed to fish = X conditional clause are not
homeowner’s disputes OTHER ENTITY” is a matter valid contained in the law
VALIDITY OF arising “between such which HIGC cannot legally do • Act 4003 does not contain any
EXERCISE -Cannot association and the • The rule making power of EXTENDED THE provision similar to those in the
exceed provisions state, in so far as it public admin body is a LAW conditional clause of Admin
of basic law concerns their delegated leg power, which it Order No 2
individual franchise or may not use to either abridge Act 4003, Sect 83 • The conditional clause in
right toe xist as such the authority given it by question supplies a defect of
entity Congress or the Consti or Admin Order 2, Sect the law, extending it. This is
enlarge its power beyond the 28 - Conditional equivalent to legislating on the
HICG’s Revised ROP scope intended clause = X valid matter, a power which has not
added the phrase been and cannot be delegated
“general public and to the Sec of Agriculture
other entity” 10. PEREZ VS Circular No. 2000-06- • For an admin regulation to
LPG 010 = ✓Valid have force of penal law, the
X VALID EXERCISE REFILLERS following must concur:
20. LUPANGCO V Accounting exam PRC Resolution No. 105 is not
• BP 33, PD 1865 1. The violation must be
CA only unreasonable and made a crime by the
PRC Reso 105 - X arbitrary, it also infringes on delegating statute – the
constitutional the examinee’s right to liberty acts and omissions in the
guaranteed by the circular are within the
VALIDITY OF Constitution. mode contemplated by
EXERCISE - X VALID EXERCISE • PRC has no authority to the law
Uniform, dictate on the reviewees as to 2. The penalty for such
reasonable, not how they should prepare violation must be
unfair or themselves for licensure provided by the statute
discriminatory examinations. It is itself – the statute
inconceivable how PRC can provides a minimum and
manage to have watchful eyes maximum amount as
on each and every examinee penalties
during 3 days 11. PEOPLE VS X publication of central • Circulars and regulations of
RULES AND REGULATIONS WITH PENAL PROVISIONS QUE PO LAY bank circular which the CB should be published
7. PEOPLE VS. AO 84-1 = X valid; • The law which authorizes the punished possession before becoming effective
MACEREN restricted the ban to promulgation of the rules and PUBLICATION of foreign exchange = • Based on the theory that
fresh waters, punished regulations must itself
 declare X valid before the public is bound by
ST
1 REQUISITE electro fishing as punishable the violation of its consent, especially the
FOR VALIDITY OF the rules and regulations Que Po Lay cannot be penal provisions, a law,
RULES AND Fisheries law issued therein held liable regulation or circular must first
REGULATIONS be published for the people to
WITH PENAL Exceeded authority be officially and specially
SANCTIONS informed of such contents
Fisheries law = X including its penalties
impose penalty 12. TANADA VS Mandamus to compel 4. What are the laws that must
8. US VS Quarantine of sick • Nowhere in Act No. 1760 is a TUVERA publication of orders, be published? In general,
PANLILIO animals violaion of the order of the proclamation, Eos, laws of general applicability
Bureau of Agriculture made a PUBLICATION letters of 4) Private laws (ex.
MICHELLE DUGUIL 27

 
 implementations and citizenship grant to Bill expected to handle with
admin orders gates) impartiality the PI of his own
5) Charters complaint, this time as a public
6) Rules and Regulations or prosecutor
Circulars 3. SANTIAGO, JR. Grade 6 students • 3 STEPS TO EXERCISE
5. Where? V. BAUTISTA awarding of honors for QUASI-JUDICIAPL POWERS
• Official Gazette OR graduation (ReDeDeRe)
Newspaper of General 3 STEPS TO 4. Receive evidence form
rd
Circulation (Art 2 as EXERCISE QUASI- 3 honors Santiago Jr. the parties and ascertain
amended by EO 800) JUDICIAPL the facts from those
• OG is mandatory POWERS Committee on rating evidence
6. When? honors 5. Determine what the law is
• SC did not give time and what are the legal
frame rights of the parties ! X
• SC just said ASAP PRESENT IN THIS
ADMINISTRATIVE PROCEEDINGS CASE!
1. PRESIDENTIAL PADS = X QJ body = • Quasi-judicial body - An 6. On the basis of the
ANTI-DOLLAR V. X power to issue SW organ of the government other evidence presented and
CA than a court and other than a the applicable law, decide
Dollar Salting legislature which affects the the controversy and
DEFINITION OF QJ rights of private parties through render judgment
BODY Black Market either adjudication or rule • X justiciable controversy
making because of absence of
• PADS organic act (PD 1936 as element #2
amended by PD 2002), 4. SMART V. NTC Billing Circular 13-6- • Admin agencies possess
convinces the court that the 2000 quasi-legislative and quasi-
Task Force was not meant to DOCTRINE OF judicial power
exercise QJ functions, but it is EXHAUSTION OF NTC = Exercising • The doctrine of primary
tasked to handle ADMIN REMEDIES quasi-legislative jurisdiction and DEAR applies
determination of probable (DEAR) = X APPLY function only where the admin agency
cause and prosecution of WHEN ADMIN exercise quasi-judicial function
such activities but nothing BODY IS X need to EAR
more EXERCISING
• Office of the Prosecutor = X QUASI- X need to go to DOTC
QJ Body LEGISLATIVE ! can go straight to
• PADS cannot be both the FUNCTION RTC
judge and jury at the same 5. GUERZON V. CA Service station lease • The power of BEU is to
time determine the dealership
2. COJUANGCO V. Coco Levy Fund • A public prosecutor in the Dealership agreement agreement but there is no
PCGG PCGG is a judicial officer grant of jurisdiction to order
EO1 therefore, he is governed by Bureau of Energy = X vacancy
RECONCILE the rule that he should be an power to demand • An admin agency has only
RULINGS OF 1 Recovery of ill gotten impartial judge petitioners to vacate such powers as are expressly
AND 2 in re office wealth • Task of PCGG: granted by law and those
of the prosecutor: o Investigate necessarily implied
X power to conduct PI o Issue freeze and • Also, X comply with notice and
PADS – X QJ sequestration order hearing
because purpose is Cannot be a • X power of PCGG to conduct • PD 1206 – BEU can only order
to prosecute prosecutor and judge PI as a prosecutor to a file a payment of 1k or suspension,
at the same case of recovery of ill gotten closure or stoppage of
PCGG – quasi wealth in the Sandigan Bayan establishment
judicial because • One cannot be a prosecutor 6. ANTIPOLO Subdivision • PD 957 vests the NHA with
purpose is to hear and judge at the same time REALTY V. NHA quasi-judicial authority
cases • Having gathered evidence and Installment basis • The NHA shall have the EJ
filed the complaint as a law power regulate the real estate
enforcer, he cannot be NHA trade and business in
MICHELLE DUGUIL 28

 
 accordance with the provisions Collector (x know
nd
VIof this decree about 2 )
• The extent to which an admin
entity may exercise such
powers depends, largely, if not BP 73 – Forfeiture of
wholly, on the provisions of the imported gasoline-
statutes creating or powered cars with
empowering such agency engine displacement
ADMINISTRATIVE PROCEEDINGS of over 2,800 cubic cm
1. BANTOLINO Labor case • X apply strict rules of (Benz = over 2800);
VS. COCA- procedure in admin 5. LUMIQUED VS X assisted by counsel • The right to counsel is a right
COLA NLRC = admin body proceedings EXEVIA afforded to an accused during
• The argument that the affidavit Regional Director of custodial investigation, but not
CHARACTERISTIC X strictly apply rules of is hearsay because the affiants ADMIN DUE DAR-CAR – in an administrative inquiry
OF ADMIN evidence were not presented before PROCESS malversation, violation • There is nothing in the
PROCEEDING – X cross examination is not of commission on constitution which says that a
APPLY STRICT Affidavit = given pervasive because the rules of RIGHT TO audit rules, oppression party to a non-criminal
ROP evidentiary value evidence are not strictly COUNSEL and harassment proceeding is entitled to be
applied in proceedings before represented by counsel and
admin bodies such as the ✓Due process without such representation,
NLRC he shall not be bound by such
2. FIRST Amend BOI certificate • Argument of first lepanto: right proceedings.
LEPANTO of registration ! under Sec 78 of OIC is • Resolution no. 94-0521 of the
CERAMICS VS Glazed floor tiles to substantive and cannot be civil service commission on
CA ceramic tiles tampered with respondent's right to counsel,
• SC said: ✓ substantive right applicable only to cases
CHARACTERISTIC BP 129 – provides BUT the circular issued by the brought before the civil service
OF ADMIN uniform procedure SC is valid (?) because the commission|||
PROCEEDING – circular only deals with where
SUPREME COURT and when to take the appeal – 6. CASIMIRO VS Municipal assessor • Procedural due process simply
CAN MODIFY procedural aspect only TANDOG guilty of dishonesty means the opportunity to
RULES OF explain one's side or the
PROCEDURE OF ADMIN DUE Tax Declarations opportunity to seek a
ADMIN AGENCY PROCESS reconsideration of the action or
3. VILLA VS Funeral parlor • Petitioner was denied due Alleged that X ruling complained, “right to be
LAZARO process SUBSTANTIAL afforded due process heard”
Building permit • Admin proceedings are not EVIDENCE because X cross • Quantum of proof: substantial
4 REQUISITES OF exempt from the operation of examination evidence -Employer has
ADMIN DUE Human Settlement the basic and fundamental reasonable ground to believe
PROCESS Regulatory principles of due process in ✓DP – submission of that the employee is
Commission (HSRC) investigations and trials position papers; X responsible for the misconduct
• An earlier judgment by a denied notice + and his participation therein
X due process competent court (RTC) cannot hearing renders him unworthy of trust
be negated by a result of and confidence demanded by
admin proceedings (HSCRC) his position
4. PATEROK VS Mercedes Benz, • Posting of notice of hearing on
BUREAU OF Bourgetti bulletin board does not 7. GLOBE VS Public Service Act • No due process because it
CUSTOMS constitute proper service of NTC was not given the opportunity
Posting on Bulletin notice ! petitioner was not Interconnection of to be heard and present
ADMIN DUE Board = X sufficient unknown (sec 2304, 2306 of ADMIN DUE networks evidence because the VAS
PROCESS notice TCCP) PROCESS was not the main case – it was
Value added service the interconnection which was
X due process the main case
X DUE PROCESS = x • Every party subject to
2 cases – Bureau of given right to be heard administrative regulation
Customs; District deserves an opportunity to
MICHELLE DUGUIL 29

 
 know, through reasonable
regulations promulgated by the
agency, of the objective
standards that have to be met
JUDICIAL REVIEW
1. VILLAFLOR VS Public land • Findings of facts of an admin
CA agency (bureau of lands) must
be respected as long as they
are supported by substantial
evidence even in such
evidence might not be
overwhelming or preponderant
• By reason of special
knowledge and expertise of
said admin agencies, they are
in a better position to pass
judgment thereon
2. COLLECTOR OF Seizure and forfeiture • The question of seizure and
CUSTOMS VS by collector of forfeiture is for the
NAVARRO customs of fruits administrative in the first
instance and the commissioner
DOCTRINE OF CFI = X jurisdiction of customs.
PRIMARY • The doctrine of primary
JURISDICTION Commissioner of jurisdiction applies.
customs ! Court of • Thereafter an appeal may be
Tax Appeals taken to the court of Tax
Appeals. A court of first
instance is thus devoid of
competence to act on the
matter
3. CENTENO VS Land Dispute, res • DARAB continues to have
CENTENO judicata jurisdiction over the case
which is an off shoot of the
RES JUDICATA previous agrarian case for
cancellations of CLTs
• The participation by certain
parties in the admin
proceeding without raising any
objections thereto bars them
from any jurisdictional infirmity
after an adverse decision
rendered against them
• Res judicata applies because
the issue of possession is a
settle matter in the earlier case
for cancellation of CLTs
4. NUESA VS CA Order of award for agri • Revocation by the DAR RD of
land the earlier order of award falls
under the admin functions of
DARAB acted in GAD the DAR
• GR: Respect findings of admin
agencies
• E: While it bears emphasizing
that findings of admin agencies
are accorded with respect and
finality by the courts, care
should be taken that admin
actions are not done without
due regard to the jurisdictional
boundaries set by enabling law
for each agency
5. REGIONAL Teachers on strike • The existence of restraining
DIRECTOR VS CA order by the lower court
RD ordered return to against further proceedings on
DOCTRINE OF work order ! X the admin complaints is
PRIMARY heeded by teachers inappropriate inasmuch as the
JURISDICTION authority of the DECS RD to
issue the return to work order,
initiate admin charges, and
constitute the investigating
panel, can be hardly disputed
• The court cases and the admin
matters being closely
interrelated, it behooves the
court to suspend its action on
the cases before it pending
final decision in admin
proceedings
6. Laguna CATV vs Labor case • According to Article 128 of the
MARAAN Labor code, an order issued by
Went straight to CA for the duly authorized
DOCTRINE OF appeal instead of sec representatives of the Sec of
EXHAUSTION OF of labor = X proper Labor may be appealed to the
ADMIN REMEDIES latter
(DEAR) X follow DEAR • The petitioner should have
appealed to the Sec of Labor
and not the CA
7. CORPUS VS Central Bank • The DEAR does not apply
CUADERNO suspension and when the terms and implication
removal of the statute authorizing an
EXC. TO DEAR: admin remedy, such remedy is
Remedy is X apply DEAR permissive only, warranting the
permissive only conclusion that the legislature
intended to allow judicial
remedy though admin remedy
has not been exhausted
8. MADRIGAL VS Abolished position • The DEAR does not apply
LECAROZ where pure questions of law
Madrigal = permanent are raised
EXC. TO DEAR: construction capitoz in • Also, it was only 4 years and
Issues involved is the office of the 20 days from the abolition of
purely legal/question provincial engineer the position that he fled a
of law petition for mandamus and
X apply DEAR damages ! The 1 year period
is not interrupted by the
Laches prosecution of admin remedy
! the recourse of Madrigal to
the commission was
unwarranted
9. CABADA VS Police dismissed • The DEAR X apply in this case
ALUNAN • The plea of the office of the
X apply DEAR Solicitor General that the
MICHELLE DUGUIL 30
EXC. TO DEAR: instant case is premature for tarry a little more would
administrative action non-exhaustion of admin obviously be unfair to him
is patently illegal remedies is untenable since when the case was filed,
amounting to lack or • We would have sustained it if he had only 4 months left
excess of jurisdiction the Sec of DILG was the one within which to bring the case
who denied due course to or to the court
dismissed the appeal of 13. ALMINE VS CA Land retention • A perusal of Sect 12 of PD 946
petitioner Cabada reveals that retention of land
• By then, Sect 91 of the DILG, EXC. TO DEAR: X apply DEAR issues are exclusively
act of 1990, the appeal would When the Doctrine cognizable by the MAR and
have to be filed with the CSC of Qualified Political Applied for exception whose decisions must be
10. DATILES AND Fish pond • X apply DEAR Agency is applicable from the operation appealed to the OFFICE OF
CO. VS • There is no admin order or act (Sec. is the alter ego land transfer of MAR THE PRESIDENT, not the
SUCALDITO PR refused to vacate that can be appeal from of the Pres CAR or RTC
portion of the area • The RD has not rendered any CA = X jurisdiction/ • The failure to appeal to the
EXC. TO DEAR: No covered by FLA 1902 decision and is in fact just power of review over office of the President from the
admin order is about to conduct an admin decisions on decision of MAR = X violation
provided by law X apply DEAR investigation tranfer of land to the of the rule on DEAR as the
• Consequently, admin remedies tenant farmer under latter is the alter ego of the
that must be exhausted, PD27 president
although available, cannot be
resorted to Office of Pres has
• There being urgency in jurisdiction
stopping public respondent 14. UP BOARD OF Reorganization of UP • Removal of Dr. Estrella is not
Gureb’s investigation, but no REGENTS VS Board correct because UP board of
plain, speedy and adequate RASUL regents enjoy security of
remedy in the ordinary course Reorganization of tenure during their term of
of law, petitioner’s recourse to EXC. TO DEAR: PGH ! removed Dr. office ! Also, it is clear that
the respondent court for relief Irreparable Estrella (Direct of PGH itself was not abolished
by way of petition for injury/damage will PGH) ! X correct in the reorganization plan
prohibition was proper result • X need to apply DEAR ! case
21. NFA VS CA Public bidding X apply DEAR is a special circumstance
• X apply DEAR
• The doctrine is inapplicable because as Dr. Estrella was
EXC. TO DEAR: X apply DEAR when there is urgency or about to be replaced
No other plain, irreparable damage (irreparable injury/damage will
speedy, adequate result), he must have believed
• The respondents contracts
remedy that airing his protest with the
were terminated in the midst of
BR would only be fruitless
bidding preparation and their
Urgency or unless he goes to the court
replacement hired barely 5
irreparable damage days after 15. ARROW Provisional permit • The controversy is ripe for
TRANSPORATION judicial determination
• An appeal to the NFA board
VS BOARD OF ✓ripe for judicial • It is undeniable that at the time
and council of trustees and the
TRANSPORTATION review the petition was filed, there
sec of agri as mandated by the
admin code = X plain, speedy was a pending motion for
X need DEAR reconsideration. Ordinarily, the
and adequate remedy in the
RIPENESS FOR resolution should be awaited.
ordinary course of law
JUDICIAL REVIEW Sultan rent a car and • X need DEAR ! The court
• The urgency of the situation
Arrow transportation = was impelled to go into the
necessitated a recourse to the
EXC. TO DEAR: both domestic merits of the controversy at
courts is justified
Strong public corporations this stage not only because of
22. GRAVADON Gravador = School • DEAR x apply when it would interest is involved
VS MAMIGO principal the importance of the issue but
result to the nullification of the Certificate of Public also because of the strong
claim being asserted Convenience
EXC. TO DEAR: Forced retirement public interest in having the
• Before filing the case, the
Nullification of claims matter settled
petitioner waited for 8 months
X apply DEAR 16. VDA DE TAN Back pay • X apply DEAR
for the school officials to act on
VS VETERANS • The respondent commission is
his protest ! to require him to
MICHELLE DUGUIL 31

 
BACKPAY Guerilla veteran died estopped from invoking the
COMISSION and certified by the rule on exhaustion of admin
AFP remedies considering that in its
EXC. TO DEAR: resolution it declared that the
Estoppel Widow filed an opinion of the Sec of Justice
application for Back were “advisory in nature, which
page ! denied saying may be accepted or ignored by
that aliens are not the office seeking the opinion,
entitled to back pay and any aggrieved party has
the court for recourse:
X apply DEAR • Thereby leading the petitioner
to conclude that only a final
judicial ruling in her favor
would be accepted by the
commission

MICHELLE DUGUIL 32
 
 MICHELLE DUGUIL 33