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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 1
That in all things, god may be glorified!
ADMINISTRATIVE LAW REVIEWER
CHAPTER 1: GENERAL CONSIDERATIONS
Nature
Administrative Law is that branch of
modern law under which the executive department of the government, acting in
a quasi-legislative or quasi-judicial capacity, interferes with the conduct of
the individual for the purpose of promoting the well-being of the community, as under laws regulating
public interest, professions, trades and callings, rates and prices, laws for the
protection of public health and safety, and the promotion of public convenience.
- Dean Roscoe Pound of Harvard Law School
Administrative Law is that part of
public law which fixes the organization of the government and determines the
competence of the authorities who execute the law and indicates to the
individual remedies for the violation of his rights.
- Professor Frank Johnson Goodnow of Columbia University
Administrative Law is that branch of
the law which deals with the field of
legal control exercised by law administering agencies other than
courts, and the field of control exercised by courts over such agencies.
- Justice Felix Frankfurter of the United States Supreme Court
Two Major Powers of Administrative Agencies:
(1) Quasi-Legislative Authority (Rule-Making Power); and
(2) Quasi-Judicial Power (Adjudicatory Function).
Object and Scope:
Regulation of private right for public welfare
Origin and Development
Origin: Legislation
Justification: Expediency
Doctrine of Separation of Powers
All rules of conduct are supposed to be laid down directly by the legislature, subject to the direct enforcement of the
executive department, and the application or interpretation, also
directly, by the judiciary.
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 2
That in all things, god may be glorified!
However, this doctrine is not absolute.
The exception to this rule is the delegation of powers to administrative
agencies.
Reason: With the growing complexity of
modern life, the multiplication of the subjects of governmental regulation and the increased difficulty of administering
the laws, there is a constantly growing tendency towards the delegation of
greater powers by the legislature, and towards the approval of the practice by the courts.
Present Status
Administrative Law is still in a state of flux because of the instability of the
administrative body itself, which is created today, abolished tomorrow and
revived next day.
Sources
(1) Constitutional or statutory enactments creating
administrative bodies - Article IX of the 1987
Constitution - Social Security Act
(2) Decisions of courts interpreting
the charters of administrative bodies and defining their powers, rights, inhibitions, among others,
and the effects of their determinations and regulations.
- Philippine Association of Service Exporters, Inc. vs. Sec. Franklin Drilon
(3) Rules and regulations issued by
the administrative bodies in pursuance of the purposes for which they were created.
- Omnibus Rules Implementing the Labor
Code by the Department of Labor and Employment
- Regulations of the Commission on
Immigration and Deportation
(4) Determinations and orders of the administrative bodies in the
settlement of controversies arising in their respective fields.
- Awards of the National Labor Relations Commission
Administration
As a Function: It refers to the
aggregate of individuals in whose hands
the reins of government are for the time being.
As an Institution: It means the actual
running of the government by the
executive authorities through the enforcement of laws and the implementation of policies.
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 3
That in all things, god may be glorified!
Government is the agency or
instrumentality through which the will of the State is formulated, expressed and
realized.
Internal Administration covers those
rules defining the relations of public functionaries inter se and embraces the whole range of the law of public officers.
External Administration defines the
relations of the public office with the public in general.
Distinguished from Law
Law is an impersonal command
provided with sanctions to be applied in case of violation.
Administration is preventive rather
than punitive and is accepted to be
more personal than law.
Example: All of us must pay taxes.
Failure to do so would amount to tax evasion. On the other hand, the Bureau of Internal Revenue announces through
the mass media the deadlines for tax payments. The former characterizes
what the law provides while the latter involves administration.
CHAPTER 2: ADMINISTRATIVE
AGENCIES
Administrative agency is a body
endowed with quasi-legislative and quasi-judicial powers for the purpose of
enabling it to carry out laws entrusted to it for enforcement or execution.
Agency
It is any of the various units of the Government, including a department, bureau, office,
instrumentality, or government-owned or controlled corporation,
or a local government or a distinct unit therein.
Any department, bureau, office,
commission, authority or officer of the National Government
authorized by law or executive order to make rules, issue
licenses, grant rights or privileges and adjudicate cases; research institutions with respect to
licensing functions; government corporations with respect to functions regulating private right,
privilege, occupation or business; and officials in the exercise of
disciplinary power as provided by law.
Department refers to an executive
department created by law.
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 4
That in all things, god may be glorified!
Bureau is any principal subdivision of
any department.
Office
It refers, within the framework of government organization, to any
major functional unit of a department or bureau, including
regional offices.
It may also refer to any position held or occupied by individual
persons whose functions are defined by law or regulation.
Instrumentality: [ANFCFAC]
Any agency of the National
Government; Not integrated within the
department framework; Vested with 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.
The term instrumentality includes: (1) Regulatory agencies; (2) Chartered institutions; and
(3) Government-owned or controlled corporations.
Chartered institution refers to any
agency organized or operating under a
special charter, and vested by law with functions relating to specific
constitutional policies or objectives.
3 Administrative Relationships:
(1) Attachment; (2) Supervision and control; and
(3) Administrative supervision.
Attachment refers to the lateral
relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and
program coordination.
The coordination may be accomplished by:
(1) Having the department represented in the governing
board of the attached agency or corporation for purposes, either as chairman or as a member,
with or without voting rights, if permitted by the charter;
(2) Having the attached corporation or agency comply with a system of periodic reporting which shall
reflect the progress of programs and projects; and
(3) Having the department or its equivalent provide general policies through its representative
in the board, that will serve as the framework for the internal policies
of the attached corporation or agency.
Supervision and Control shall include:
(1) Authority to act directly whenever a specific function is entrusted by
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 5
That in all things, god may be glorified!
law or regulation to a
subordinate; (2) Direct the performance of duty;
restrain the commission of acts; (3) Review, approve, reverse or
modify acts and decisions of
subordinate officials or units; (4) Determine priorities in the
execution of plans and programs; and
(5) Prescribe standards, guidelines,
plans and programs.
Administrative Supervision shall be
limited to the:
(1) Authority of the department or its
equivalent to generally oversee the operations of such agencies and to insure that they are
managed effectively, efficiently and economically but without
interference with day-to-day activities;
(2) Require the submission of
reports and cause the conduct of management audit, performance
evaluation and inspection to determine compliance with policies, standards and
guidelines of the department; (3) To take such action as may be
necessary for the proper performance of official functions, including rectification of
violations, abuses and other forms of maladministration; and
(4) To review and pass upon budget
proposals of such agencies but may not increase or add to them;
Such authority shall not, however,
extend to:
(1) Appointments and other personnel actions in accordance with the decentralization of
personnel functions under the Code, except when appeal is
made from an action of the appointing authority, in which case the appeal shall be initially
sent to the department or its equivalent, subject to appeal in
accordance with law; (2) Contracts entered into by the
agency in the pursuit of its
objectives, the review of which and other procedures related
thereto shall be governed by appropriate laws, rules and regulations; and
(3) The power to review, reverse, revise, or modify the decisions of
regulatory agencies in the exercise of their regulatory or quasi-judicial functions; and
Government-Owned or Controlled Corporation is any agency organized
as a stock or non-stock corporation
vested with functions related to public needs whether governmental or
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 6
That in all things, god may be glorified!
proprietary in nature, and owned by the
government directly or through its instrumentalities, either wholly or, where
applicable, as in the case of stock corporations, to the extent of at least 51% of its capital stock.
Authority has been used to designate
both incorporated and non-incorporated
agencies and instrumentalities of the government.
Nature of an Administrative Agency
It may be regarded as an arm of legislature insofar as it is
authorized to promulgate rules.
It may also be loosely considered
a court because it performs functions of a particular judicial character.
It pertains to the executive department because its principal
function is the implementation of the law.
It is composed of persons who
are experts in the particular field of specialization under its
jurisdiction.
According to the Supreme Court,
the Court Tax Appeals is a special court dedicated exclusively to the study and
consideration of tax problems. It is not an administrative agency.
Various Names: Board, Commission, Authority, Administration, Bureau, Agency,
Council, Committee, Office and
the like.
Creation and Abolition of an Administrative Agency
It is created by: (1) Constitution; or (2) Statute.
It is abolished by:
(1) Constitutional amendment; or (2) Amendment or repeal of its
charter.
Types of Administrative Agencies:
(1) Offer some gratuity, grant or special privileges;
- Philippine Veterans Administration
(2) Carry on the actual business of government;
- Bureau of Customs (3) Perform some business service
for the public;
- Bureau of Posts (4) Regulate businesses affected
with public interest or public utilities;
- Land Transport Franchising and
Regulatory Board (5) Regulate private businesses and
individuals under the police power;
- Securities and Exchange Commission
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 7
That in all things, god may be glorified!
(6) Adjust individual controversies
because of some strong social policy; and
- National Labor Relations Commission
(7) Make the government a private party.
- Government Service Insurance System
Doctrine of Qualified Political Agency
As a rule, the acts of the cabinet
members are considered as acts of the President. The cabinet members are the alter egos of the President. Under this
doctrine, the power of the President to reorganize the National Government
may validly be delegated to his cabinet members exercising control over a particular executive department.
Advantages of Administrative Agencies
They have the expertise.
They are adaptable to change because of their flexible nature.
Unlike courts of justice, they can initiate action and not simply wait for their jurisdiction to be
invoked.
Relation to Other Departments
They are agents of the legislature
when the exercise the powers delegated to them. The
legislature can also abolish them.
Their salaries, emoluments and appropriations are subject to the
discretion of the legislature.
They are under the constitutional control of the President which
control cannot be withdrawn or limited even by the legislature.
The courts can review or even reverse the administrative acts
even of the Chief Executive. Courts cannot be deprived of their inherent power to decide all
questions of law, particularly if they have been initially resolved
by administrative agencies.
CHAPTER 3: POWERS OF
ADMINISTRATIVE AGENCIES
Quasi-Legislative
It is otherwise known as the power if
subordinate legislation and permits the body to promulgate rules intended to carry out the provisions of particular
laws.
It involves the prescribing of a rule for
the future and is regarded as public.
It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended
to carry out the provisions of a law and implement legislative policy.
Reason for this Power: It is impractical
for the lawmakers to provide general
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 8
That in all things, god may be glorified!
regulations for various and varying
details of management.
Administrative Rule
It is 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.
It includes memoranda or statements concerning the internal administration or management of an agency not affecting
the rights of, or procedure available to, the public.
Rule-Making means an agency process
for the formulation, amendment, or
repeal of a rule.
Distinguished from Legislative Power
Administrative regulations are intended
to carry out the legislative policy. The discretion to determine what the law shall be is exclusively legislative and
cannot be delegated. The power to create rules to carry out a policy
declared by the lawmaker is administrative and not legislative.
Tests of Delegation
Completeness Test
The law must be complete in all its
terms and conditions when it leaves the legislature so that when it reaches the
delegate, it will have nothing to do but to
enforce it.
Sufficient Standard Test
The law must offer a sufficient standard
to specify the limits of the delegates authority, announce the legislative policy, and specify the conditions under
which it is to be implemented. The following are examples of sufficient
standards: public interest, simplicity, economy, efficiency and public welfare.
Quasi-Judicial
It is the power of adjudication which
enables the administrative body to resolve, in a manner essentially judicial,
factual and sometimes even legal questions incidental to its primary power of enforcement of the law. It involves the
application of a rule for the past and is regarded as private.
It is the power of administrative agencies to make determinations of facts in the performance of their official
duties and to apply the law as they construe it to the facts so found.
It is merely incidental to their main function, which is the enforcement of the law.
Distinguished from Judicial Process
Judicial process focuses on the question of law, with the questions of fact being
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 9
That in all things, god may be glorified!
regarded as of secondary importance
only. In judicial proceedings, the executive acts last after judgment is
made whereas in the exercise of quasi-judicial power, the executive acts first, with the courts acting later, whenever
warranted, to review its legal findings.
Source
It is expressly conferred by the legislature through specific provisions in the charter of the agency.
Determinative Powers
Enabling Powers
Directing Powers - Dispensing - Examining - Summary
Determinative powers enable the
administrative body to exercise its quasi-judicial authority better.
Enabling powers are those that permit
the doing of an act which the law undertakes to regulate and which would
be unlawful without governmental approval. Example: Issuance of licenses
Directing powers order the doing or
performance of particular acts to ensure compliance with the law and re often
exercised for corrective purposes. Example: Common carriers are required to install safety devices
Dispensing powers allow the
administrative officer to relax the general operation of a law or exempt
from the performance of a general duty. Example: Grant of immunity from suit to state witnesses
Examining powers enable the
administrative body to inspect the
records and premises, and investigate the activities of persons or entities
coming under its jurisdiction. Example: Issuance of subpoenas Summary powers are those involving
the use by administrative authorities of
force upon persons or things without the necessity of previous judicial warrant. Example: Killing of a mad dog on the
loose Doctrine of Implied Powers
An administrative agency has only such
powers as are expressly granted to it by law and also such powers as are
necessary implied in the exercise of it express powers.
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San Beda College-Manila
College of Law
JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 10
That in all things, god may be glorified!
CHAPTER 4: THE QUASI-
LEGISLATIVE POWER
Nature of Administrative Regulations General Rule: Administrative
regulations and policies enacted by administrative bodies to interpret the law
have the force of law and are entitled to great respect. Exception: Administrative agencies are
not authorized to substitute their own
judgment for any applicable law or administrative regulation with the wisdom or propriety of which they do not
agree. Kinds of Administrative Regulations 1. Legislative rule is in the matter of
subordinate legislation, designed to implement a primary legislation by
providing the details thereof.
In making a legislative rule, the
administrative agency is acting in a legislative capacity,
supplementing the statute, filling in the details, or making the law, and usually acting pursuant to a
specific delegation of legislative power.
Note: The legislative regulation is
issued by the administrative body
pursuant to a valid delegation of
legislative power and is intended to
have the binding force and effect of a law enacted by the legislature itself.
2. Interpretative rule is designed to provide guidelines to the law which the
administrative agency is in charge of enforcing.
It is that which purports to do no more than interpret the statute
being administered, to say what it means. It constitutes the
administrators construction of a statute.
In making an interpretative rule, the administrative agency is
merely anticipating what ultimately must be done by the
courts. The administrative agency is performing a judicial function rather than a legislative function.
Examples: circulars issued by the
Bureau of Internal Revenue (BIR); and
circulars issued by the Bangko Sentral ng Pilipinas (BSP)
Note: Interpretative regulations (in the
absence of ratification by the legislature) have validity in judicial proceedings only to the extent that they correctly
construe the statute. Strictly speaking, it is the statute and not the regulation to which the individual must conform.
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JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 11
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Interpretative regulations are
issued by the administrative body as an incident of its power to
enforce the law and is intended merely to clarify its provisions for proper observance by the people. They are merely persuasive and
are received by the courts with much respect but not finality. They are, at best, advisory for it
is the courts that finally determine
what the law means.
Classification of Legislative Rule/Regulation
1. Supplementary regulation is intended to fill in the details of the law
and to make explicit what is only general. Its purpose is to enlarge upon a statute, subject only to the standards
fixed therein, to ensure its effective enforcement in accordance with the
legislative will. *For more detailed examples, see p. 49
of Philippine Administrative Law by Carlo Cruz.
2. Contingent regulation is so called because it is issued upon the
happening of a certain contingency which the administrative agency is given
the discretion to determine. In issuing this, administrative agencies are allowed to ascertain the existence of particular
contingencies and on the basis thereof
enforce or suspend the operation of a
law.
*For a more detailed example, see p. 50 of Philippine Administrative Law by Carlo Cruz.
Requisites of a Valid Administrative
Regulation (ASPR) 1. Its promulgation must be authorized
by the legislature. 2. It must be within the scope of
authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable.
First Requisite
Authority to promulgate the regulation is
usually conferred by the: (1) charter of the administrative body; or
(2) law the administrative body is supposed to enforce.
*For more detailed examples, see pp. 51-52 of Philippine Administrative Law
by Carlo Cruz. Note: There are limitations on the rule-
making power of administrative agencies. When Congress authorizes
promulgation of administrative rules and regulations to implement given legislation, all that is required is that the
regulation be not in contravention with it,
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JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 12
That in all things, god may be glorified!
but conform to the standards that the
law prescribes.
A regulation is binding on the courts as long as the procedure
fixed for its promulgation is followed. Even if the courts may
not be in agreement with its
stated policy or innate wisdom, it is nonetheless valid, provided
that its scope is within the
statutory authority or standard granted by the legislature.
Second Requisite
The regulation promulgated must not be ultra vires or beyond the
limits of the authority conferred. An administrative agency cannot
amend an act of Congress.
The power of administrative
officials to promulgate rules and regulations in the implementation
of a statute is necessarily limited only to carrying into effect what
is provided in the legislative
enactment.
In other words, administrative rules and regulations are intended to carry out, not
supplant or modify, the law.
In case of conflict between a statute and an administrative
regulation, the statute must
prevail. A regulation adopted pursuant to law is law. Conversely, a regulation or any portion thereof not adopted pursuant to law is no law and has
neither the force nor the effect of law.
As a general rule, letters of
instruction are simply directives
of the President of the Philippines, issued in the
exercise of his/her administrative power of control, to heads of departments and/or officers
under the executive branch of the government for observance by
the officials and/or employees thereof. Being administrative in nature, they do not have the force
and effect of a law and, thus, cannot be a valid source of
obligation. Third Requisite
General Rule: Prior notice and hearing
are not essential to the validity of rules and regulations promulgated to govern future conduct.
Exceptions:
(1) Where the regulation is in effect a settlement of controversy between
specific parties, it is considered an
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JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
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administrative regulation and so will
require notice and hearing. (Example: regulations fixing rates or toll charges)
(2) Where the regulation goes beyond merely providing for the means that can
facilitate or render less cumbersome the implementation of the law and substantially increases the burden of those governed, it behoves the agency
to accord at least to those directly
affected a chance to be heard and, thereafter, to be duly informed, before
the issuance is given the force and effect of a law.
*For more detailed examples, see pp. 72-80 of Philippine Administrative Law
by Carlo Cruz. Fourth Requisite
Administrative regulations must not be unreasonable or arbitrary as to violate due process. If
shown to bear no reasonable relation to the purposes for which
they are authorized to be issued, then they must be held to be invalid.
The regulation must involve the
public welfare and the method employed must be reasonably related to the purposes of the rule
and not arbitrary.
Penal Regulations
The power to define and punish a crime is exclusively legislative and may not be delegated to the administrative
authorities. While administrative regulations may have the force and
effect of law, their violation cannot give rise to criminal prosecution unless the
legislature makes such violation
punishable and imposes the corresponding sanctions. The
administrative authorities themselves cannot prescribe such penalties. Special Requisites of a Valid Administrative Regulation with a
Penal Sanction (PPP)
1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of
the regulation. 3. The regulation must be published.
Construction and Interpretation
The regulation should be read in harmony with the statute and not
in violation of the authority conferred on the administrative
authorities.
Administrative regulations are prospective in operation unless
the contrary is clearly intended.
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JL Notes in Administrative Law
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The interpretation given to a rule or regulation by those charged
with its execution is entitled to the greatest weight by the court construing such rule or
regulation, and such interpretation will be followed unless it appears to be clearly
unreasonable or arbitrary. Enforcement
The power to promulgate administrative regulations carries
with it the implied power to enforce them. This may be effected through judicial action,
as in petitions for mandamus and injunction, or through sanctions
the statute itself may allow the administrative body to impose.
The power to enforce administrative regulations
likewise includes the power to issue opinions and rulings to enable the administrative agency
to properly execute said regulations.
Amendment or Repeal
An administrative regulation may be amended or repealed by the
authorities that promulgated them in the first place.
The administrative regulation may be changed directly by the legislature.
CHAPTER 5: THE QUASI-JUDICIAL POWER
Quasi-judicial power the power of
the administrative agency to determine questions of fact to which the legislative policy is to apply, in accordance with the
standards laid down by the law itself. Quasi-judicial is the term applied to the action, discretion of officers who are required to investigate facts, or ascertain the existence of facts and
draw conclusions from them as a basis for their official action, and to exercise
discretion of a judicial nature. Power of adjudication (as defined by
The Administrative Code of 1987 an agency process for the formulation of a final order. Requisites for the Proper Exercise of
the Quasi-Judicial Power (JD)
1. Jurisdiction must be properly
acquired by the administrative body. 2. Due process must be observed in the
conduct of the proceedings.
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JL (Juanico and Limpot) Notes in Administrative Law
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 15
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First Requisite
Jurisdiction the competence of an
office or body to act on a given matter or decide a certain question.
Without jurisdiction, the determinations made by the
administrative body are absolutely null and without any legal effect whatsoever. Such
acts are subject to direct and even collateral attack and may be
assailed at any time since they are regarded as invalid ab initio.
A tribunal, board or officer exercising judicial functions acts without jurisdiction if no authority
has been conferred by law to
hear and decide the case. Rules of Procedure
Where an administrative body is
expressly granted the power of adjudication, it is deemed also vested with the implied power to
prescribe the rules to be observed in the conduct of its
proceedings. Doctrine of implication where a
general power is conferred or duty enjoined, every particular power
necessary for the exercise of the one or
the performance of the other is also
conferred.
Where the statute does not require any particular method of procedure to be followed by an
administrative agency, the agency may adopt any
reasonable method to carry out its functions. But to be valid, the
rules must not violate
fundamental rights or encroach upon constitutional prerogatives,
like the rule-making power of the Supreme Court.
The power of administrative agencies to promulgate rules of
procedure does not or cannot be construed as allowing it to grant itself jurisdiction ordinarily conferred only by the Constitution or by the law.
Subpoena Power
The power to issue subpoena is not inherent in administrative
bodies. These bodies may summon witnesses and require the production of evidence only
when duly allowed by law, and always only in connection with
the matter they are authorized to investigate. This power may be
expressly granted in the charter of the administrative body.
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Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 16
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However, the fact that an administrative body has been
authorized to conduct an investigation does not necessarily mean it can also summon
witnesses and take testimony in the absence of a clear grant of
this power from the legislature.
Contempt Power
Like the subpoena power, the
power to punish for contempt is essentially judicial and cannot
be claimed as an inherent right by the administrative body. To be validly exercised, it must be expressly conferred upon the
body and, additionally, must be used only in connection with its
quasi-judicial as distinguished from its purely administrative or
routinary functions.
As a rule, where a subpoena of
the administrative body is disregarded, the person
summoned may not be directly disciplined by that body. The
proper remedy is for the administrative body to seek the assistance of the courts of justice
for the enforcement of its order. Much less is the contempt power
available to the administrative
body for the purpose of
controlling judicial action. Notice and Hearing
The right to notice and hearing is
essential to due process and its non-observance will as a rule
invalidate the administrative proceedings.
Administrative Due Process
There is no requirement for strict adherence to technical rules as
are observed in truly judicial proceedings because the primordial consideration of
administrative agencies is the promotion of public welfare.
It is basic to due process that the tribunal considering the
administrative question be impartial, to ensure a fair
decision.
In order that the review of the
decision of a subordinate officer might not turn out to be a farce,
the reviewing officer must be other than the officer whose decision is under review.
The opportunity to adduce
evidence is essential in the administrative process, as
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decisions must be rendered on
the evidence presented, either in the hearing, or at least contained
in the record and disclosed to the parties affected.
In administrative proceedings, the quantum of proof necessary for a
finding of guilt is only substantial evidence. Substantial evidence
means such relevant evidence as
a reasonable mind might accept as adequate to support a
conclusion; evidence which affords a substantial basis from which the fact in issue can be
reasonably inferred.
Due process in administrative proceedings does not require
trial-type proceedings similar to those in the courts of justice; and need not necessarily include the
right to cross-examination.
Submission of position papers
may be sufficient for as long as the parties thereto are given the
opportunity to be heard. The essence of due process is
simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to
explain ones side or an opportunity to seek a
reconsideration of an action or ruling complained of.
However, a trial-type proceeding
can be essential where the findings are necessarily to be
based on the credibility of witnesses or of the complainants.
Elements of Due Process
1. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it.
2. Jurisdiction must be lawfully acquired over the person of the defendant or
property which is the subject of the proceedings. 3. The defendant must be given an
opportunity to be heard. 4. Judgment must be rendered upon
lawful hearing. Administrative Appeals and Review
Unless otherwise provided by
law or executive order, an appeal from a final decision of the administrative agency may be
taken to the Department Head, whose decision may further be
brought to the regular courts of justice, in accordance with the procedure specified by the law.
The appellate administrative agency may even conduct
additional hearings in the appealed case, if deemed necessary.
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Enforcement of Decision
In the absence of any statute
providing for the enforcement of an administrative determination, the same cannot be enforced except possibly by appeal to the
force of public opinion.
Administrative agencies that have
not been conferred the power to enforce their quasi-judicial decisions may invoke court action
for the purpose. Res Judicata
Decisions and orders of
administrative agencies, rendered pursuant to their quasi-
judicial authority, have, upon their finality, the force and binding effect of a final judgment within
the purview of the doctrine of res judicata. The principle of res
judicata applies as well to the judicial and quasi-judicial act of public, executive or
administrative offices and boards acting within their jurisdiction as
to the judgments of courts having general judicial powers.
The principle of res judicata applies only to the exercise by
administrative agencies of their quasi-judicial power and may not
be invoked in connection with
their exercise of purely administrative functions. It also
does not apply to judgments based on prohibited or null and void contracts.
An administrative officer may
revoke, repeal or abrogate the acts or previous rulings of his/her predecessor in office. The
construction of a statute by those administering it is not binding on their successors if, thereafter, the
latter becomes satisfied that a different construction should be
given. Exception of Applicability of Res Judicata to Administrative Proceedings
1. labor relations proceedings
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CHAPTER 6: JUDICIAL REVIEW
An administrative decision may
be appealed to the courts of justice only if the Constitution or the law permits it or if the issues
to be reviewed involve questions of law.
Outside of these exceptions,
the administrative decision is no
more reviewable by the courts of justice than are judicial decisions reviewable by administrative
bodies.
The right to appeal is not a
constitutional right nor is it embraced in the right to be heard
as guaranteed by due process. As a rule, therefore, the
administrative decision may be validly rendered final and inappealable at the administrative
level without allowing the aggrieved party a final resort to
the courts of justice.
It is generally true that purely
administrative and discretionary functions may not be interfered with by the courts; but when the
exercise of such functions by the administrative officer is tainted by
a failure to abide by the command of the law, then it is
incumbent on the courts to set matters right, with the Supreme
Court having the last say on the
matter.
When it comes to questions of law, administrative decisions
thereon are appealable to the courts of justice even without legislative permission; indeed,
even against legislative prohibition.
Ratio: Judicial tribunals cannot be
deprived of their inherent authority to
decide questions of law, initially or by way of review of administrative decisions. Being inherent, the power
cannot be withdrawn by the legislature through a law making such a decision
final and inappealable.
As to administrative agencies
exercising quasi-judicial or legislative power, there is an
underlying power in the courts to scrutinize the acts of such agencies on questions of law and jurisdiction even though no right
of review is given by statute. Even decisions of administrative
agencies which are declared final by law are not exempt from judicial review when so warranted.
Doctrine of Primary Jurisdiction simply calls for the determination of
administrative questions, which are
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ordinarily questions of fact, by
administrative agencies rather than courts of justice.
Application of the doctrine of primary jurisdiction: The doctrine of primary
jurisdiction applies only to the exercise
by an administrative agency of its quasi-
judicial function. When what is assailed is the validity or constitutionality of a rule or regulation issued by the
administrative agency in the performance of its quasi-legislative
function, the regular courts have jurisdiction to pass upon the same.
The doctrine does not warrant a court to arrogate unto itself
authority to resolve a controversy the jurisdiction over which is initially lodged with an
administrative body of special competence.
Where two administrative agencies share concurrent
jurisdiction with respect to a
particular issue, the settled rule is
that the body or agency that first takes cognizance of the complaint shall exercise
jurisdiction to the exclusion of the others.
A statute may vest exclusive original jurisdiction in an
administrative agency over
certain disputes and
controversies falling within the agencys special expertise.
Doctrine of Exhaustion of Administrative Remedies an
administrative decision must first be appealed to the administrative superiors
up to the highest level before it may be elevated to a court of justice for review. Recourse through court action cannot prosper until after all such
administrative remedies would have first
been exhausted. Reasons for the doctrine:
(1) The administrative superiors, if given
the opportunity, can correct the errors committed by their subordinates.
(2) Courts should as much as possible refrain from disturbing the findings of
administrative bodies in deference to the doctrine of separation of powers.
(3) On practical grounds, it is best that the courts, which are burdened enough
as they are with judicial cases, should not be saddled with the review of administrative cases.
(4) Judicial review of administrative
cases is usually effected through the special civil actions of certiorari, mandamus and prohibition, which are
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available only if there is no other plain,
speedy and adequate remedy.
The underlying principle of the rule on exhaustion of administrative remedies rests
on the presumption that the administrative agency, if afforded
a complete chance to pass upon the matter, will decide the same correctly. Indeed, the filing of a
motion for reconsideration is in fact encouraged before resort is
made to the courts as a matter of exhaustion of administrative remedies, to afford the agency
rendering the judgment an opportunity to correct any error it
may have committed through a misapprehension of facts or misappreciation of the evidence.
The doctrine of exhaustion of
administrative remedies need not be observed when not expressly required by law or when the
statute providing for the administrative remedy is merely
permissive. The rule on exhaustion of administrative remedies applies only where
there is an express legal
provision requiring such
administrative step as a condition precedent to taking action in court. It applies only where the
act of the administrative agency
concerned was performed
pursuant to its quasi-judicial function, and not when the
assailed act pertained to its rule-making or quasi-legislative power.
Exceptions:
(1) When the question raised is purely legal
(2) When the administrative body is in
estoppel (3) When the act complained of is
patently illegal
(4) When there is urgent need for judicial intervention
(5) When the claim involved is small
(6) When irreparable damage will be suffered
(7) When there is no other plain, speedy and adequate remedy
(8) When strong public interest is involved
(9) When the subject of the controversy
is private land (10) In quo warranto proceedings
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(11) When the issues submitted have
become moot and academic Appeal to the President
Of special interest is the question
of whether or not a decision of the Cabinet member has to be
appealed first to the President before it may be brought to a court of justice. Jurisprudence
on this matter is rather INDECISIVE.
There are two conflicting schools of thought:
(1) Appeal to the President is not
necessary because the Cabinet member is after all his alter ego and, under the doctrine of political agency, the acts
of the Cabinet member are the acts of the President.
Doctrine of Qualified Political Agency
the acts of a department secretary, who is considered to be an alter ego of the President, bear the implied or
assumed approval of the latter, and are valid unless the President actually
disapproves them.
(2) Appeal to the President was the final
step in the administrative process and therefore a condition precedent to appeal to the courts.
Effect of Noncompliance
Failure to exhaust administrative remedies does not affect the
jurisdiction of the court and merely results in the lack of a
cause of action which may be a ground for a motion to dismiss.
If this ground to dismiss the court
action is not properly or seasonably invoked, the court may proceed to hear the case. Exhaustion must be raised at the earliest possible time, even
before filing the answer to the complaint or pleading asserting a claim, by a motion to dismiss.
Otherwise, such a ground for dismissal would be deemed
waived.
A failure to exhaust
administrative remedies may also constitute forum shopping
which would likewise result in a dismissal of a simultaneous resort to a regular court for
purposes of obtaining relief. forum shopping exists when
both actions involve the same transactions, same essential
facts and circumstances and raise identical causes of action,
subject matter and issues.
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The court has the discretion to
require the observance of the doctrine and may, if it sees fit,
dispense with it and proceed with the disposition of the case.
At any rate, there is a ruling to the effect that a motion for
reconsideration must be filed before the special civil action for
certiorari may be availed of. Questions Reviewable
(1) Question of fact; and
(2) Question of law.
There is a question of fact
when the doubt or difference arises as to the truth or the
falsehood of alleged facts. When it comes to a question of fact, review of the administrative
decision lies in the discretion of the legislature, which may or
may not permit it as it sees fit. Denial of this remedy does not violate due process for the right
to appeal is generally not deemed embraced in the right to
a hearing.
There is a question of law
when the doubt or difference arises as to what the law is on a
certain state of facts. When it comes to a question of law, the
administrative decision may be
appealed to the courts of justice independently of legislative
permission or even against legislative prohibition.
Questions of Fact
Administrative agencies findings of fact on matters falling under their jurisdiction
are generally accorded respect, if not finality except
only where there is a clear showing of arbitrariness or grave abuse of discretion
The findings of fact of an
administrative agency must be respected so long as they
are supported by substantial evidence, even if such
evidence might not be
overwhelming or preponderant.
General Rule: Factual findings of
administrative agencies, that are
affirmed by the Court of Appeals, are conclusive upon and generally not reviewable by the Supreme Court.
Exceptions:
(1) When the findings are grounded entirely on speculation, surmises or
conjectures
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(2) When the inference made is manifestly mistaken, absurd or
impossible (3) When there is grave abuse of
discretion
(4) When the judgment is based on a misapprehension of facts
(5) When the findings of fact are conflicting
(6) When in making its findings, the Court of Appeals went beyond the
issues of the case, or its findings are contrary to the admissions of both the
appellant and the appellee (7) When the findings are contrary to the
trial court
(8) When the findings are conclusions without citation of specific evidence on which they are based
(9) When the facts set forth in the
petition as well as in the petitioners main and reply briefs are not disputed by the respondent
(10) When the findings of fact are
premised on the supposed absence of evidence and contradicted by the evidence on record
(11) When the Court of Appeals
manifestly overlooked certain relevant facts not disputed by the parties, which,
if properly considered, would justify a different conclusion
The rule that an appellate court may only pass upon errors
assigned, as well as its exceptions, is also applicable to administrative bodies.
Questions of Law
Administrative bodies may be
allowed to resolve questions of law in the exercise of their quasi-judicial function as an
incident of their primary power of regulation.
However, their determination on
this matter is only tentative at
best and, whenever necessary,
may be reviewed and reversed
by the courts in proper cases.
A question of law exists when
the doubt or controversy concerns the correct application
of law or jurisprudence to a certain set of facts; or when the issue does not call for an
examination of the probative value of the evidence presented,
the truth or falsehood of facts being admitted.
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The decision of legal questions is an essentially judicial power
that may not be withheld or withdrawn from the courts by legislation as the power is
inherent in the judiciary.
As a rule, it is only the judicial
tribunal that can interpret and
decide questions of law with finality.
The interpretation of an agency of its own rules should be given
more weight than the interpretation by the agency of the law it is merely tasked to
administer.