ADMINISTRATIVE LAW

THE GROWING POPULATION IN OUR COUNTRY CARRIES WITH IT COMPLEX

PROBLEMS THAT COULD NO LONGER BE EFFICIENTLY AND EFFECTIVELY
HANDLED BY THE THREE DEPARTMENTS OF OUR GOVERNMENT. THAT IS
WHY MORE ADMINISTRATIVE BUREAUS AND OFFICES HAVE TO BE
CREATED FROM TIME TO TIME SO THAT POWERS, FUNCTIONS AND
RESPONSIBILITIES COULD BE DELEGATED TO ADMINISTRATIVE OFFICERS
OR AGENCIES THAT COULD DEVOTE MORE TIME AND EXPERTISE TO
ACCOMPLISH WHAT HAVE BEEN DELEGATED TO THEM.

INTRODUCTION

I. Concept/definition of administrative law

The branch of public law that fixes the organization of the government
and determines competence of authorities who execute the law and
indicates to individual remedies for the violations of his rights.

Public law- the law relationship between individual and the government.

Their powes and duties, appointment and removal, and the rights, duties and
responsibilities of the officers.

Administration may be understood in two different senses:

A. As a function (external) : the execution, in non-judicial matters, of the

law or will of the State as expressed by competent authority.
B. As an organization (internal) : that group or aggregate of persons in
whose hands the reins of government are for the time being. Legal
structure of public administration

II. Scope of administrative law

Administrative law embraces all the law that controls, or is intended to

control, the administrative operations of the government.

III. Creation
They are created either by:

A. Constitutional provision COMELEC, CSC, COA

B. Legislative enactment BIR, CHED DEP ED, MMDA LTO, LTFRB, DAR

IV. Classification of administrative law

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 A. That body of statutes setting up or creating administrative
agencies and endowing them with power and duties;

B. That body of agency-made law, i.e., rules, regulations and orders

promulgated in the exercise of quasi-legislative and quasi-judicial
functions;

C. That body of determinations, decisions and orders of

administrative bodies made in the settlement of controversies arising in
their particular fields.

V. Classes of Administrative Agencies

1. Administrative bodies for regulation under police power.

 Professional Regulation Commission
 Bureau of Food and Drug
 Land Transportation Office
 Securities and Exchange Commission
 Commission on Immigration and Deportation

2. Administrative bodies to carry on governmental functions

 Bureau of Internal Revenue
 Civil Service Commission
 Bureau of Customs
 Land Registration Authority

3. Administrative bodies for regulation of public utilities

 Land Transporation and Franchising Regulatory Authority
 National Telecommunications Commisision
 Board of Energy
 Civil Aeronautics Board

4. Administrative bodies that adjudicates and decides industrial controversies

 National Labor and Relations Commission
 Philippines Overseas Employment Adjudication Office

5. Administrative Bodies that grant privileges

 Philippines Veterans Affairs Office
 Board of Pardons and Parole
 Bureau of Lands

VI. Origin and development of administrative law

The increase of population and the growing complexities of day to day life
have necessarily increased the functions of the 3 principal branches of
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 the government. The administration and enforcement of our laws could
no longer efficiently and effectively handled by the principal departments
of the government. Hence, quasi-judicial and quasi-legislative functions
have to be delegatred to the different administrative agencies of the
government.

NATURE OF ADMINISTRATIVE AGENCIES

I. Concept

A. Definition of administrative agency - An administrative agency is

defined as "[a] government body charged with administering and
implementing particular legislation. Examples are workers' compensation
commissions, x x x and the like. x x x The term 'agency' includes any
department, independent establishment, commission, administration,
authority, board or bureau x x x ."

B. Test for determining administrative nature

1. Mandatory – statutory requirement intended for the protection

of the citizens and by a disregard of which their rights are
injuriously affected;

2. Directory – if no substantial right depend on it and no injury can

result from ignoring it and purpose of legislature can be
accomplished in a manner other than that prescribed and
substantially, the same results attained.

C. Administrative function, defined - Administrative functions are

those which involve the regulation and control over the conduct and
affairs of individuals for their own welfare and the promulgation of rules
and regulations to better carry out the Policy of the legislature or such as
are devolved upon the administrative agency by the organic law of its
existence

D. Public office, defined in relation to administrative law

E. Reasons for creation of administrative agencies- As a result of the

growing complexity of the modern society, it has become necessary to
create more and more administrative bodies to help in the regulation of
its ramified activities. Specialized in the particular fields assigned to
them, they can deal with the problems thereof with more expertise and
dispatch than can be expected from the legislature or the courts of
justice.

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Types of administrative agencies

1. Those created to function in situations wherein the government is

offering some gratuity, grant, or special privilege; (SSS, GSIS,PAO)

2. Those set up to function in situations wherein the government is

seeking to carry on certain functions of government; (BIR, LRA, BoC, BI)

3. Those set up to function in situations wherein the government is

performing some business service for the public; (Bureau of Posts, PNR,
MWS)

4. Those set up to function in situations wherein the government is

seeking to regulate business affected with public interest; (LTFRB, ERB,
HLURB)

5. Those set up to function in situations wherein the government is

seeking under the police power to regulate private business and
individuals; (MTRCB, GAB, DDB)

6. Those agencies to set up to function in situations wherein the

government is seeking to adjust individual controversies because of some
strong social policy involved. (NLRC, ECC, DAR, COA)

Relation between administrative agencies and courts

Administrative agencies have certain quasi-judicial powers which allows

them to interpret and apply rules and regulations. Findings of these
administrative agencies are rendered conclusive on the courts.

Administrative framework of the Philippines (Executive Order No. 292)

1. Definition of Government of the Republic of the Phils. - refers to the

corporate governmental entity through which the functions of
government are exercised throughout the Philippines, including, save as
the contrary appears from the context, the various arms through which
political authority is made effective in the Philippines, whether pertaining
to the autonomous regions, the provincial, city, municipal or barangay
subdivisions or other forms of local government.

2. Definition of Agency of the government - refers to any of the various

units of the Government, including a department, bureau, office,
instrumentality, or government-owned or controlled corporations, or a
local government or a distinct unit therein.
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 3. Definition of Instrumentality - refers to any agency of the National
Government, not integrated within the department framework vested
within special functions or jurisdiction by law, endowed with some if not
all corporate powers, administering special funds, and enjoying
operational autonomy, usually through a charter. This term includes
regulatory agencies, chartered institutions and government-owned or
controlled corporations.

4. Definition of Administration - Administration is the aggregate of those

persons in whose hands the reins of government are for the time being.

Creation, reorganization, and abolition of administrative agencies

A. Creation of administrative agencies

"Except for such offices as are created by the Constitution, the

creation of public offices is primarily a legislative function, In so far
as the legislative power in this respect is not restricted by
constitutional provisions, it is supreme, and the legislature may
decide for itself what offices are suitable, necessary, or convenient.
When in the exigencies of government it is necessary to create and
define duties, the legislative department has the discretion to
determine whether additional offices shall be created, or whether
these duties shall be attached to and become ex-officio duties of
existing offices. An office created by the legislature is wholly within
the power of that body, and it may prescribe the mode of filling the
office and the powers and duties of the incumbent, and, if it sees
fit, abolish the office."

B. Abolition of administrative agencies

All offices created by statute are more or less temporary, transitory

or precarious in that they are subject to the power of the
legislature to abolish them. But this is not saying that the rights of
the incumbents of such positions may be impaired while the offices
exist, except for cause.

C. Reorganization of administrative agencies

1. Reorganization, defined

If the newly created office has substantially new, different or

additional functions, duties or powers, so that it may be said in
fact to create an office different from the one abolished, even
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 though it embraces all or some of the duties of the old office it will
be considered as an abolition of one office and the creation of a
new or different one. The same is true if one office is abolished and
its duties, for reasons of economy are given to an existing officer or
office.
D. Power of control, supervision and investigation by the President

E. Executive power, defined

the Constitution provides that "[t]he executive power shall be

vested in the President of the Philippines." (Art. VII, Sec. 1].
However, it does not define what is meant by "executive power"
although in the same article it touches on the exercise of certain
powers by the President, i.e., the power of control over all executive
departments, bureaus and offices, the power to execute the laws,
the appointing power, the powers under the commander-in-chief
clause, the power to grant reprieves, commutations and pardons,
the power to grant-amnesty with the concurrence of Congress, the
power to contract or guarantee foreign loans, the power to enter
into treaties or international agreements, the power to submit the
budget to Congress, and the power to address Congress [Art. VII,
Secs. 14-23]. (more than the sum of the powers enumerated)

F. Power of control, defined – power of the president to nullify,

modify, alter or set aside the decisions of a subordinate.

Section 17 Article VII, 1987 Constitution

Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws
be faithfully executed.

G. Doctrine of qualified political agency, defined – alter ego doctrine;

The power of control . . . . implies the right of the President (and

naturally of his alter ego) to interfere in the exercise of such
discretion as may be vested by law in the officers of the national
government, as well as to act in lieu of such officers. The
provisions of the existing law to the contrary notwithstanding,
whenever a specific power, authority, duty, function, or activity is
entrusted to a chief of bureau, office, division or service, the same
shall be understood as also conferred upon the proper Department
Head who shall have authority to act directly in pursuance thereof,
or to review, modify or revoke any decision or action of said chief of
bureau, office, division or service. Accordingly, the law confers
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 upon the Secretary only 'general supervision and control' may not
be construed as limiting or in any way diminishing the
pervasiveness of the Secretary's power of control which is
constitutionally based, since he acts also as alter ego of the
President. Acts of the (alter ego) secretary is presumed to be that of
the president.

H. Limitations on the power of control

Does not include:

1. the abolition or creation of an executive office;

2. the suspension or removal of career executive officials or
employees without due process of law;
3. the setting aside, modification, or supplanting of decisions of
quasi-judicial agencies, including the office of the President, on
contested cases to have become final pursuant to law or to rules
and regulations promulgated to implement the law;

I. Power of supervision

The department head as agent of the President has direct control

and supervision over all bureaus and offices under his jurisdiction
as provided for in section 79(c) of the Revised Administrative Code,
but he does not have the same control of local governments as that
exercised by him over bureaus and, offices under his jurisdiction.
Likewise, his authority to order the investigation of any act or
conduct of any person in the service of any bureau or office under
his department is confined to bureaus or offices under his
jurisdiction and does not extend to local governments over which
the President exercises only general supervision as may be
provided by law (section 10, paragraph 1, Article VII of the
Constitution). If the provisions of section 79(c) of the Revised
Administrative Code are to be construed as conferring upon the
corresponding department head direct control, direction, and
supervision over all local governments and that for that reason he
may order the investigation of an official of a local government for
malfeasance in office, such interpretation would be contrary to the
provisions of paragraph 1, section 10, article VII, of the
Constitution. In administrative law supervision means overseeing
or the power or authority of an officer to see that subordinate
officers perform their duties. If the latter fail or neglect to fulfill
them the former may take such action or step as prescribed by law
to make them perform these duties. Control, on the other hand,
means the power of an officer to alter or modify or nullify or set
aside what a subordinate officer had done in the performance of
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 his duties and to substitute the judgment of the former for that of
the latter. The power to oversee that the officials concerned
performs their duty and if they later fail or neglect to fulfill them, to
take such action or steps as prescribed by law to make them
perform their duties.

POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

I. Doctrine of separation of powers

A. Distribution of powers of government:

1. Legislative power is the power to propose, enact, amend

and repeal laws.

2. Executive power is the power to execute and implement the

laws.

3. Judicial power is the power of the courts of justice to settle

actual controversies involving legal rights which are demandable
and enforceable and to determine whether or not there has been
grave abuse of discretion amounting to lack or excess of
jurisdiction.

The Doctrine of Separation of Powers, though not mentioned

anywhere by such name in the 1987 Constitution, can be inferred
from its provisions. The heart of the doctrine is that the basic
powers of the government must be kept separate from each other,
each power being under the principal control of a branch of
government. The legislative power is granted to the Congress, the
executive power to the President, and the judicial power to the
Judiciary. The President as Chief Executive exercises control over
agencies and offices which perform rule-making or adjudicatory
functions. If the agency is created by Congress, consider the law
that created it. If the law is silent as to the control which the
President may exercise, the President can only supervise, i.e., to
see to it that the laws are faithfully executed.

B. Purpose of doctrine

So that the power of the government would not be concentrated in

one department (one person or group of persons) that would lead
to abuse.

C. Blending of powers
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 though each department has their own duties and functions, they
nevertheless exercise the same in concert that they can work with
other departments and conduct checks and balances regarding the
actions of each.

 Basis for blending of powers:

1. No function is capable of exact definition. Description is only

a generalization concerning its principal but not all of its
characteristics;
2. The Constitution allocated to the several departments
specific powers which in their nature did not ordinarily pertain
to them.
3. Practical necessity of exercising powers incidental to those
that are express or are appropriate to it, even if such incidental
powers should fall within the category of functions pertaining to
another department.

II. Doctrine of non-delegation of powers - what has been delegated cannot

be delegated.

A. General rule

One of the settled maxims in constitutional law is, that the power
conferred upon the legislature to make laws cannot be delegated by
that department to any other body or authority. Where the sovereign
power of the State has located the authority, there it must remain; and
by the constitutional agency alone the laws must be made until the
constitution itself is changed.

III. Powers of administrative agencies, in general

A. Sources of powers of an administrative agency

1. Constitution – is the body of rules and principles by which

the fundamental powers of the government are established, limited
and defined.

2. Statutes – rules and regulations promulgated by the

legislature.

B. Limitations to the powers of an administrative agency

It is a settled principle of law that in determining whether a board or
commission has a certain power, the authority given should be liberally

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 construed in the light of the purposes for which it was created, and that
which is incidentally necessary to a full implementation of the legislative
intent should be upheld as being germane to the law.

C. Nature of the powers of administrative agencies

 Quasi legislative – consists of issuance of rules and regulations;

general applicability; and prospective in application;
 Quasi Judicial – refers to orders, rewards or decision; applies to a
specific situation; and determination of rights, privileges,etc. (fact
finding investigate)

Depends on the enabling statute

D. Discretionary powers vs. ministerial duty

E. Error in the exercise of powers

1. Doctrine of non-suability of the state inapplicable – the state

cannot be sued without its consent.

2. Presumption of regularity

Acts done by an official are presumed to be valid.

IV. Investigatory Powers

A. Scope and extent of powers

Investigatory or inquisitorial powers include the power to inspect, secure,

require the disclosure of information by means of accounts, records,
reports, statements, testimony of witnesses, production of documents, or
otherwise. They are conferred on practically all administrative agencies.
In fact, the investigatory powers of administrative agencies, or their
power and facilities to investigate, initiate action, and control the range
of investigation, is one of the distinctive functions which sets them apart
from the court.

B. Right to counsel in administrative investigations – a counsel may

or may not assist a person under investigation.

C. Importance of administrative investigations

D. Executive power to investigate, source

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 Section 64c Revised Administrative Code

 Power of the president –to order, when in his opinion the good of the
public service so requires, an investigation of any action or the conduct
of any person in the Government service, and in connection therewith to
designate the official, committee, or person by whom such investigation
shall be conducted.

V. Quasi-legislative /Rule-Making Powers

Rule making power - the power to issue rules and regulations.

A. Nature of power, definition – Administrative agencies are endowed

with powers legislative in nature or quasi-legislative, and in practical
effect, with the power to make law. However, the essential legislative
functions may not be delegated to administrative agencies and in this
sense, it is said that administrative agencies have no legislative power
and are precluded from legislating in the strict sense.

1. Ordinance power of the President/Delegation to the

President

- The president has the power to issue rules and regulations (executive
orders, proclamations, etc.)

Sections 23.2, 28.2, Article VI, Constitution

Section 23. 2. - In times of war or other national emergency, the Congress

may, by law, authorize the President, for a limited period and subject to
such restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

Sections 2, 3, 4, 5, 6, 7, Book III, Title I, Chapter 2, 1987 Admin. Code

Chapter 2
ORDINANCE POWER

Sec. 2. Executive Orders. - Acts of the President providing for rules of a

general or permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated in executive orders.

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 Sec. 3. Administrative Orders. - Acts of the President which relate to
particular aspect of governmental operations in pursuance of his duties as
administrative head shall be promulgated in administrative orders.

Sec. 4. Proclamations. - Acts of the President fixing a date or declaring a

status or condition of public moment or interest, upon the existence of which
the operation of a specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of an executive order.

Sec. 5. Memorandum Orders. - Acts of the President on matters of

administrative detail or of subordinate or temporary interest which only
concern a particular officer or office of the Government shall be embodied in
memorandum orders.

Sec. 6. Memorandum Circulars. - Acts of the President on matters relating to

internal administration, which the President desires to bring to the attention of
all or some of the departments, agencies, bureaus or offices of the Government,
for information or compliance, shall be embodied in memorandum circulars.

Sec. 7. General or Special Orders.- Acts and commands of the President in

his capacity as Commander-in-Chief of the Armed Forces of the Philippines
shall be issued as general or special orders.

2. Delegation to LGUs

Sections 5 and 9, Article X, Constitution

Section 5. Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.

Section 9. Legislative bodies of local governments shall have sectoral

representation as may be prescribed by law.

Sections 54, 55, 56, 57, Republic Act No. 7160

SECTION 54. Approval of Ordinances. - (a) Every ordinance enacted by the

Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan
shall be presented to the provincial governor or city or municipal mayor, as the
case may be. If the local chief executive concerned approves the same, he shall
affix his signature on each and every page thereof; otherwise, he shall veto it
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and return the same with his objections to the Sanggunian, which may proceed
to reconsider the same. The Sanggunian concerned may override the veto of the
local chief executive by two-thirds (2/3) vote of all its members, thereby making
the ordinance or resolution effective for all legal intents and purposes.

(c) ordinances enacted by the Sangguniang Barangay shall, upon approval by

the majority of all its members, be signed by the Punong Barangay.

SECTION 55. Veto Power of the Local Chief Executive. - (a) The local chief
executive may veto any ordinance of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang bayan on the ground that it is ultra
vires or prejudicial to the public welfare, stating his reasons therefor in writing.

SECTION 56. Review of Component City and Municipal Ordinances or

Resolutions by the Sangguniang Panlalawigan. - (a) Within three (3) days
after approval, the secretary to the Sanggunian Panlungsod or Sangguniang
bayan shall forward to the Sangguniang Panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development
plans and public investment programs formulated by the local development
councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the Sangguniang Panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the
documents, inform the Sangguniang Panlalawigan in writing of his comments
or recommendations, which may be considered by the Sangguniang
Panlalawigan in making its decision.

(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution

is beyond the power conferred upon the Sangguniang Panlungsod or
Sangguniang bayan concerned, it shall declare such ordinance or resolution
invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action
in the minutes and shall advise the corresponding city or municipal authorities
of the action it has taken.

(d) If no action has been taken by the Sangguniang Panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same shall
be presumed consistent with law and therefore valid.

SECTION 57. Review of Barangay Ordinances by the Sangguniang

Panlungsod or Sangguniang Bayan. - (a) Within ten (10) days after its
enactment, the Sangguniang Barangay shall furnish copies of all Barangay
ordinances to the Sangguniang Panlungsod or Sangguniang bayan concerned
for review as to whether the ordinance is consistent with law and city or
municipal ordinances.
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(b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be,
fails to take action on Barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.

(c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be,
finds the Barangay ordinances inconsistent with law or city or municipal
ordinances, the Sanggunian concerned shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to
the Sangguniang Barangay concerned for adjustment, amendment, or
modification; in which case, the effectivity of the Barangay ordinance is
suspended until such time as the revision called for is effected.

B. Rationale for the delegation of quasi-legislative power

There are two accepted tests to determine whether or not there is a valid
delegation of legislative power, viz: the completeness test and the sufficient
standard test. Under the first test, the law must be complete in all its terms
and conditions when it leaves the legislative such that when it reaches the
delegate the only thing he will have to do is to enforce it. Under the
sufficient standard test, there must be adequate guidelines or limitations in
the law to map out the boundaries of the delegate's authority and prevent
the delegation from running not. Both tests are intended to prevent a total
transference of legislative authority to the delegates who is not allowed to
step into the shoes of the legislature and exercise a power essentially
legislative.

C. Limitations on the rule-making power

D. Requisites for valid delegation of quasi-legislative power

1. Completeness test – the law must be complete in all its items

and conditions when it leaves the legislature such that when it
reaches the delegate, the only thing they will have to do is enforce
it (Eastern
Shipping vs. POEA)

2. Sufficient standard test – to map out the boundaries of the

delegates’ authority by defining legislative policy and indicating
circumstances under which it is pursued.

E. Rule and rule-making, defined

Section 2.2 Book VII, Admin Code of 1987

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"Rule" means any agency statement of general applicability that implements
or interprets a law, fixes and describes the procedures in, or practice
requirements of, an agency, including its regulations. The term includes
memoranda or statements concerning the internal administration or
management of an agency not affecting the rights of, or procedure available
to, the public.

Section 4, Book VII, Admin Code of 1987

"Rule making" means an agency process for the formulation, amendment, or

repeal of a rule.

1. Construction of administrative rules and regulations

An administrative body has the power to interpret its own rules and such
interpretation becomes part of the rule itself. Unless shown to be erroneous,
unreasonable or arbitrary, such interpretation is entitled to recognition and
respect from the courts, as no one is better qualified to interpret the intent
of the regulation than the authority that issued it. Thus, its interpretation
that the rule it issued is not retroactive, not being unreasonable, should be
followed.

D. Penal rules and regulations

1. Imposition of penalties by administrative authorities

E. Rate-fixing power

In case of delegation of rate-fixing power, the only standard which the

legislature is required to prescribe for the guidance of the admin authority is
that the rate reasonable and just.

F. Effectivity of administrative rules and regulations

1. Publication requirement

Section 2, Civil Code

Section 2, Civil Code states that the law shall take effect after fifteen (15)
days following their completion of their publication in the Official Gazette
unless otherwise provided.

Section 18, Book 1, 1987 Administrative Code

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 Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15)
days following the completion of their publication in the Official Gazette or
in a newspaper of general circulation, unless it is otherwise provided.

Chapter 2 Book VII, 1987 Administrative Code

VII. Adjudicatory Powers

A. Quasi-judicial power and quasi-judicial body, defined

Quasi-judicial power - This is the power to hear and determine questions of

fact to which the legislative policy is to apply and to decide in accordance with
the standards laid down by the law itself in enforcing and administering the
same law.

Quasi-judicial body – an organ of government other than a court and other

than a legislature, which affects the rights of private parties through either
adjudication or rule making power.

This is the power to hear and determine questions of fact to which the
legislative policy is to apply and to decide in accordance with the standards laid
down by the law itself in enforcing and administering the same law. In carrying
out their quasi-judicial functions, the administrative officers or bodies are
required to investigate facts or ascertain the existence of facts, hold hearings,
weigh evidence, and draw conclusions from them as basis for their official
action and exercise of discretion in a judicial nature.

of jurisdiction. Mere commission of errors in the exercise of jurisdiction may

not be corrected by means of certiorari.

B. Distinguished from judicial power

Judicial Power – is the power to courts of justice to settle actual case of

controversies involving legal rights which are demandable and enforceable and
to determine whether or not there is grave abuse of discretion.

C. Distinguished from administrative function

Administrative Function – are those which involve the regulation and control
over the conduct and affairs of individuals for their own welfare and the
promulgation of rules and regulations to better carry out the policy of the
legislature as such are devoled upon the admin agency by the organic law of
existence.

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 D.Rationale for vesting administrative agencies with quasi-judicial power

This departure from the traditional allocation of governmental powers is

justified by expediency, or the need of the government to respond swiftly and
competently to the pressing problems of the modem world.

VIII. Power to impose penalties

IX. Power in deportation and citizenship cases

X. Lao Gi v. Court of Appeals 180 SCRA 756
XI.
XII. ADMINISTRATIVE PROCEEDINGS

II. Doctrine of Primary Jurisdiction

A. Definition and objective

The doctrine of primary jurisdiction requires that a plaintiff should first seek
relief in an administrative proceeding before he seeks a remedy in court, even
though the matter is properly presented to the court, which is within its
jurisdiction.

III. Doctrine of exhaustion of administrative remedies

A. Definition and purpose

As a general rule, recourse through court action cannot prosper until all the
remedies have been exhausted at the administrative level.

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