Admin Law Consolidated-1

7/26/2019 Admin Law Consolidated-1

1/70

(Pages 68-134)

Standards fxed cannot be enlarged nor restricted

- Where the law set standards by which the

delegate may exercise the delegated power, the

administratie agency cannot add or enlarged

the standards!

When standard insucient

- "tat#te which prescribes no or inade$#ate

standard %or the exercise o% a delegated

legislatie power and the r#les iss#ed by an

administratie agency to implement the law are

null and voido &g! &' no! 68 *+he carabao or

carabee% transported in iolation o% &'

as amended shall be s#bect to

conscation and %or%eit#re by the go.t,

to be distrib#ted to charitable

instit#tions and other similar

instit#tions as the chairman o% national

meat inspection may see fto may see ft is extremely genero#s

and dangero#s condition

Usual issues on validity o delegation

- 1! /gainst the delegating stat#te itsel%o 0e%ers to the $#estion whether or not

the re$#isites o% alid delegation are

present, namely the completeness o% the

stat#te ma2ing the delegation the presence o% s#cient

standard- ! /gainst the exercise o% the delegated power

o Whether or not the r#le or reg#lation

con%orms with what the stat#te

proides and whether the same isreasonable!

+a2e note i% the r#le expands or restricts the stat#te or is

#n#st or #nreasonable - 5/7

Rules or regulations, generally.

- 0#les and reg#lations are the prod#ct o%

s#bordinate legislation! % alid, the r#les and

reg#lations iss#ed by the administratie

agencies to implement the law hae the %orce

and e9ect o% law!- +' :& /7 - administratie r#les and

reg#lations m#st be germane to the obects andp#rpose o% the law, con%orm to the standard that

the law prescribes, m#st be reasonable and

m#st be related solely to carrying into e9ect the

general proisions o% the law!- % the implementing r#les and reg#lations are

iss#ed in excess o% the r#le-ma2ing a#thority o%

the administratie gency, they are witho#t

binding e9ect #pon the co#rts!

Regulations cannot restrict nor enlarge the law

- mplementing r#les cannot add to or detrac

%rom the proisions o% the law it is designed to

implement- % discrepancy occ#rs between the basic law and

an implementing r#le or reg#lation, it is the

%ormer that preails!

Rules must be reasonable

- % shown to bear no reasonable relation to the

p#rposes %or which they are a#thori;ed to be

iss#ed, then they m#st be held to be inalid!

&gs! Lupangco vs. CA< "= held that the

resol#tion prohibiting examinees in an

acco#ntancy licens#re exam %rom attending

to any reiew class or receiing any

hando#ts or tips %rom any instit#tion d#ring

3 days immediately preceding eery

examination day incl#ding examination day

is #nconstit#tional %or being iolatie o

academic %reedom!

Rules constituting oense

- /dministratie bodies hae the a#thority to iss#eadministratie reg#lations which are penal in

nat#re where the law itsel% ma2es the iolation

o% the administratie reg#lation p#nishable and

proides its penalty!- >'W&&0, i% the law does not proide tha

iolation o% s#ch r#les shall be #nlaw%#l and

p#nishable, or een i% it does, it does no

prescribe the penalty %or s#ch iolation < the

administratie body has no power to penali;e!o &g! People s! ?aceren < "= held that

"ec! o% /gric#lt#re exceeded his

a#thority and the administratie orde

was deoid o% legal basis beca#se the

sheries law did not expressly prohibi

electro shing!

When rules ta!e eect

- 7aws@r#les shall ta2e e9ect a%ter 1A days

%ollowing their completion o% their p#blication in

the ocial ga;ette, #nless it is otherwise

proided!- P#blication m#st be in %#ll or it is no p#blication

at all since its p#rpose is to in%orm the p#blic o%

the contents o% the law!o /P/0+ B0'? PC:7=/+'5 it is also

re$#ired that the r#les and reg#lations

m#st be led with the CP 7/W =&5+&0!

- D&5&0/7 0C7& ss#ance o% r#les andreg#lations to implement the law does no

re$#ire that there be prior notice and hearing

cond#cted by administratie agency!o &E=&P+'5 i% the stat#te ma2ing the

delegation re$#ires s#ch hearing, then

one m#st be cond#cted!- nterpretatie reg#lations and those merely

internal in nat#re, that is, reg#lating only the

personnel o% the admin! /gency and not the

p#blic, need not be p#blished!

>ere are some examples that needs to be p#blished


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1! =harter o% a city

! /77 presidential decrees

3! =irc#lars iss#ed by the ?onetary :oard i% they are

meant not merely to interpret b#t to ll in the details o% the

=entral :an2 /ct which that body is s#pposed to en%orce!

"elegation o ascertain acts

- =ongress may delegate to an administratie

agency the power to ascertain %acts as basis to

determine when a law may ta2e into e9ect or

whether a law may be s#spended or come to

ane end, in accordance with p#rpose or policy o%

the law and the standard %or the exercise o% the

power delegated! +his is not delegation o% what

the law shall be!- +o be alid, the law delegating the power to

determine some %acts or state o% things which

the law may ta2e e9ect or its operation

s#spended must provide the standard, fx

the limits within which the discretion may

be exercised and defne the conditions!- /bsent these re$#irements, the law and the

r#les iss#ed there#nder are oid, the %ormer

being an #nd#e delegation o% legislatie power

and the latter being the exercise o% r#le-ma2ing

witho#t legal basis!o &g! +he law a#thori;ing to iss#e r#les

wheneer, or any cause, to x the

maxim#m price o% o%palay, rice or corn! !or any cause the law

did not dene as s#ch nor did

it prescribe the standards

thereo%!

#rohibition against re-delegation

- +he doctrine o% potestas delegate non delegari

protestF - what has been delegated cannot be

delegated!- :ased on the ethical principle that s#ch a

delegated power constit#tes not only a right b#t

a d#ty to be per%omed by the delegate thro#gh

the instr#mentality o% his own #dgment and no

thro#gh the interening mind o% another!- / %#rther delegation o% s#ch power wo#ld negate

the d#ty in iolation o% the tr#st reposed in the

delegate mandated to discharge it directlyo &g! +he 7and +ransportation Branchising

and 0eg#latory :oard has been granted

the power to x rates %or the transportsector! ts s#ch delegation o% s#ch

power to common carries constit#tes a

iolation o% doctrine < 5/7!

"elegation o fxing $ower

- +he legistlat#re #s#ally delegates its rate-xing

power to administratie agencies %or the latter to

x the rates which p#blic #tility companies may

charge the p#blic!- 5'0&0 %or it to hae a /7 delegation < it

m#st be complete and it m#st x s#cient

standard

- n case o% a delegation o% rate-xing power, the

only standard which the legislat#re is re$#ired to

prescribe %or the g#idance o% the administratie

a#thority is that the rate be reasonable and #st!- When administratie agency concerned

establishes a rate, its act m#st both be non

conscatory and m#st hae been established in

manner prescribed by the legislat#re

'+>&0W"& < #nconstit#tional!- n the exercise o% said power < the agency is

limited by the re$#irements o% PC:7= "/B&+G

PC:7= 5+&0&"+, 0&/"'5/:7& B&/":7+G

/5 0&/"'5:7& 0/+&"!

Rate fxing% &uasi-legislative or &uasi-'udicial( when

hearing re&uired

- % it is in the exercise o% legislatie- notice and

hearing is not re$#ired- % it is in the exercise o% #dicial < notice and

hearing is re$#ired

n the exercise o% legislatie

- When r#les or rates are meant to apply to al

enterprises o% a gien 2ind thro#gho#t thePhilippines!

n the exercise o% #dicial

- When r#les or rates apply excl#siely to a

named person or entity and are predicated #pon

nding o% %acts, on the basis o% which the r#les

or rates are based

#ower to fx rate cannot be re-delegated

- +he power delegated to an admin! agency to x

rate cannot, in the absence o% law a#thori;ing it

be delegated to another!

Contemporary Construction

)dministrative rule and inter$retation distinguished

- When an administratie agency prom#lgates

r#les and reg#lations , in the exercise o% its r#le

ma2ing power delegated to it by the legistla#re

it ma2es new law with %orce and e9ect o% a

alid law- While, when it renders an opinion or gies a

statement o% policy, it merely interprets a pre-

existing law- /n administratie interpretation o% the law is a

best merely adisory, %or it is the co#rts tha

nally determine what the law is- 0#les and reg#lations when prom#lgated in

p#rs#ance o% the proced#re or a#thority

con%erred #pon the administratie agency by

law, parta2e o% the nat#re o% a stat#te, and

compliance therewith may be en%orced by a

penal sanction proided in the law- / r#le is binding on the co#rts so long as the

proced#re xed %or its prom#lgation is %ollowed

and its scope is within the stat#tory a#thority

granted by the legislat#re, een i% the co#rts are

not in agreement with the policy stated therein

or its innate wisdom!


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*xecutive +onstruction

- =onstr#ction placed #pon the stat#te by an

exec#tie or administratie ocer called #pon to

exec#te or administer s#ch stat#te

" types o executive interpretations o the law

1! +he constr#ction by an exec#tie or administratie ocer

directly called to implement the law!

- &g! =irc#lars, directies, opinions or reg#lation is

an express interpretation

! +he constr#ction by the secretary o% #stice in his capacity

as the chie% legal adiser o% the go.t!

3! nterpretation handed down in adersary proceeding in the

%orm o% r#ling by an exec#tie ocer exercising $#asi-#dicial

power!

orms o inter$retations

- +he r#le is that the %ormal or in%ormal

interpretation or practical constr#ction o% an

ambig#o#s or #ncertain stat#te or law by theexec#tie department or other agency charged

with its administration or en%orcement is entitled

to consideration and highest repect %rom the

co#rts, and m#st be accorded appropriate

weight in determining the meaning o% the law- When an administratie agency renders an

opinion or iss#es a statement o% policy, it merely

interprets a pre-existing law and the

administratie interpretation is at best adisory

%or it is the co#rt that nally determine what the

law means!

Basically interpretations handed down by admin agency, not

controlling %or it is the co#rt to nally determine, b#t it is

accorded with highest respect!

#ublication is not re&uired

- 0#les which are merely interpretations o% the law

or o% the reg#lations iss#ed to implement the law

need not be p#blished to be e9ectie, said

interpretations not being considered ass lawF- nternal r#les concerning the personnel o% the

administratie agency and legal opinions, which

are at best adisory, need not be p#blished!

Weight accorded to contem$oraneous construction

- Cnder 1HI3 constit#tion, contemporaneo#sconstr#ction is entitled to great weight and

respect in the interpretation o% a stat#te!- /n administratie constr#ction is not necessarily

binding #pon the co#rts! /n action o% an

administratie agency may be dist#rbed or set

asided by the #dicial dept! i% there is an error o%

law, or ab#se % power or lac2 o% #risdiction or

grabe ab#se o% discretion clearly conJicting with

either the letter or spirit o% a legislatie

enactment!

+onstruction o rules and regulations

- /n administratie body has the power to

interpret its own r#le and s#ch interpretation

becomes part o% the r#le itsel%! Cnless shown to

be erroneo#s, #nreasonable or arbitrary, s#ch

interpretation entitled to recognition and respect

%rom co#rts, as no one is better $#alied to

interpret the intent o% the reg#lation than the

a#thority that iss#ed it

Reason why contem$oraneous construction is given

much weight

- &xec#tie ocials are pres#med to hae

%amiliari;ed themseles with the considerations

pertinent to the meaning and p#rpose o% the law

and to hae %ormed an independent

conscientio#s and competent expert thereon!

When contem$oraneous construction disregarded

- +he co#rt may disregard contemporaneo#s

constr#ction, where there is no ambig#ity in the

law, where the constr#ction is clearly erroneo#s

where strong reason to the contrary exists, and

where the co#rt has preio#sly gien a stat#te a

di9erent interpretation!o &g! Policy instr#ctions o% the "ecretary

o% 7abor adding another gro#p o

employees as excl#ded %rom those

entitled to holiday pay when the law

itsel% did not so excl#de them is oid!o /n admin! interpretation which

diminishes the benets o% labor more

than what the stat#te delimits o

withholds is ultra vires.

&rroneo#s =onstr#ction creates no rights

- /s a r#le, erroneo#s constr#ction creates no

ested right on the part o% those who relied #pon

and %ollowed s#ch constr#ction! / ested right

may not arise %rom a wrong interpretation o% a

law by an administratie ocer whose primary

d#ty is to en%orce and not to constr#e the law!- +he go.t is neer stopped by the mista2e o

error on the part o% the its agents- =onse$#ently, those who beneted %rom the said

constr#ction may not preent correction o% s#ch

constr#ction, nor exc#se themseles %rom

complying with the constr#ction as corrected!-

#uasi $udicial %ower

"*/0

Quasi-Judicial

- /ctions or discretions o% p#blic administratie

ocers or bodies re$#ired to inestigate %acts, or

ascertain the existence o% %acts, hold hearings

and draw concl#sions %rom them, as a basis %or

their ocial action and to exercise discretion o% a

#dicial nat#re!

Quasi-Judicial body

- organ o% go.t which its basic %#nction is to

ad#dicate claims and@or determine rights, and


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#nless its decision reasonably appealed to the

proper reiewing a#thority, the same attains

nality and becomes exec#tory!

P#blic prosec#tor a $#asi-#dicial ocer beca#se o% the

nat#re o% his %#nction

:C+ his d#ty o% cond#cting preliminary inestigation

to determine the existence o% probable ca#se to le an

in%ormation in co#rt and to prosec#te the acc#sed is

&E&=C+& 5 5/+C0& not $#asi-#dicial!

Santiago vs. Bautista

- ss#e W'5 the determination by a committee as

who sho#ld be ran2ed rst, second and third

honors among grad#ating p#pils is a $#asi-

#dicial power as to be s#bect to #dicial reiew

by petition %or certiorariK- >&7 5'! L#dicial action is an ad#dication

#pon the rights o% parties who in general appear

or are bro#ght be%ore the trib#nal by notice or

process, and #pon whose claims some decision

or #dgment is rendered! t implies impartialiy,

disinterestedness, a weigh o% aderse claims,

and is inconsistent with discretion on the onehand < %or the trib#nal m#st decide according to

law and the rights o% parties < or with the

dictation on the otherM %or in the rst instance it

m#st exercise its own #dgment #nder the law,

and not act #nder a mandate %rom another

power!

State ex. Al Board of Commissioners of St. Louis Country, et

al. vs. unn

- L#dicial %#nction is to determine what the law is

and what the legal rights o% parties are, with

respect to a matter in controersyM and

wheneer an ocer is clothed with thata#thority, and #nderta2es to determine whose

$#estions, he acts #dicially

+a2e note :e%ore a trib#nal, board, or ocer may exercise

#dicial or $#asi-#dicial acts, it is 5&=&""/0G that there be a

7/W that gies rise to some specic rights o% persons or

property #nder which aderse claims to s#ch rights are made,

and the controersy ens#ing there%rom is bro#ght, in t#rn,

be%ore the trib#nal, board or ocer clothed with power and

a#thority to determine what that law is the there#pon

ad#dicate the respectie rights o% the contending parties

1uasi-2udicial ad'udication

!esolution of controversies is t"e raisiond#etre of courts

1! +he ascertainment o% all the material and releant %acts

%rom the pleadings and %rom the eidence add#ced by the

parties

! /%ter the determination o% %acts has been completed, by the

application o% the law thereto to the end that the controersy

may be settled a#thoritatiely, denitely and nally

Quasi-Judicial agencies in t"e exercise of $uasi-%udicial po&er

1! 0eceies eidence

! /scertain the %acts there%rom

3! etermines what the law is and what the lega

rights o% parties are

4! 'n the basis all these decides the controersy and

renders #dgment thereon

"istinguished rom administrative unction

- /n administratie body, li2e the oce o% the

p#blic prosec#tor, tas2ed by law to determine

whether or not probable ca#se exists to warrant

the ling in co#rt o% criminal charges %or iolation

o% a penal stat#te and to handle its prosec#tion

is not a $#asi-#dicial body!- t is still an administratie body exercising a

%#nction which is principally /?5"+0/+& o

&E&=C+& in nat#re!

"istinguished rom &uasi-legislative unctions.

- 0#les and reg#lations o% general applicability

iss#ed by the administratie body to implement

its p#rely administratie policies and %#nctions

- n $#asi-legislatie %#nction < notice and hearingis not re$#ired

- n $#asi-#dicial %#nction < notice and hearing is

re$#ired- Bormer < #dicial action to $#estion a decision in

the exercise o% s#ch %#nction < =/- 7atter < #dicial action to $#estion to a decision

in the exercise o% s#ch %#nction < 0+=

Reason or creation o &uasi-'udicial agencies

- /s a res#lt o% the growing complexity o% modern

society,- "peciali;ed in the partic#larly elds assigned to

them, they can deal with problems thereo% with

more expertise!- +he need %or special competence and experience

has been recogni;ed as essential in the

resol#tion o% complex or speciali;ed characte

and beca#se o% a companion recognition that the

doc2ets o% o#r reg#lar co#rts hae remained

crowded and clogged!

3oluntary arbitrator a &uasi 'udicial ocer

Arbitration

- the re%erence o% a disp#te to an impartial third

person %or the determination on he basis o

eidence and arg#ments presented by the

parties who hae bo#nd themseles to accept

the decision!

'oluntary Arbitration

- the re%erral o% a disp#te by the parties p#rs#an

to a ol#ntary arbitration cla#se or agreement to

an impartial third person or panel %or a na

resol#tion!

(nvoluntary Arbitration


5/70


6/70

/echnical rules not a$$licable

- +echnical r#les o% proced#re and o% eidence

preailing in co#rts o% law and e$#ity are not

controlling in administratie proceedings!- +echnical r#les or proced#re are not strictly

en%orced, and d#e process o% law in the strict

#dicial sense is not indispensable! t is s#cient

that the s#bstantie d#e process re$#irement o%

%airness and reasonableness be obsered!- +he r#les that an administratie agency

exercising $#asi-#dicial power is not bo#nd by

technical r#les o% proced#re and eidence sho#ld

not be so interpreted as to dispense with the

%#ndamental and essential right o% d#e process,

s#ch the o$$ortunity to be heard and the

existence o substantial evidence to

su$$ort its decision!- t is a settled principle that administratie r#les

o% proced#re sho#ld be constr#ed liberally in

order to promote their obect and to assist the

parties in obtaining #st, speedy and inexpensie

determination o% their respect claims and

de%enses!

Agency

- incl#des any department, b#rea#, oce,

commission, a#thority or ocer o% the national

go.t a#thori;ed by law or exec#tie order to

ma2e r#les, iss#e licenses, grant rights or

priileges, and ad#dicate casesM research

instit#tions with respect to licensing %#nctionsM

go.t corporations with respect to %#nctions

reg#lating priate rights, priilege, occ#pation or

b#sinessM and ocials in the exercise o%

disciplinary power as proided by law!

2usticiable +ontroversy( contested case

- 'ne instit#ted by and against parties haing

interest in the s#bect matter appropriate %or

#dicial determination predicated on a gien

state o% %acts!

Contested case

- ?eans any proceeding, incl#ding licensing, in

which legal rights, d#ties or priileges asserted

by specic parties as re$#ired by the

constit#tion or by law to be determined a%ter

hearing!- When the grant, renewal or cancellation o% a

license is re$#ired to be preceded by notice and

hearing, it becomes a contested case

License

- incl#des whole or any part o% any agency

permit, certicate, passport, clearance, approal ,

registration, charter, membership, stat#tory

exemption or other %orm o% permission, or

reg#lation o% the exercise o% a right or priilege!

Licensing

- incl#des agency process inoling the grant,

renewal, denial, reocation, s#spension,

ann#lment, withdrawal, limitation, amendment

modication or conditioning o% license!- &xcept in cases o% will%#l iolation o% pertinen

laws, r#les and reg#lations or when p#blic sa%ety

re$#ires otherwise, no license may be

withdrawn, s#spended, or ann#lled witho#

notice and hearing!

nstituion o $roceedings

- n contested cases, where claims are asserted

and relie%s are so#ght, the proceedings are

instit#ted by the ling o% a complaint or petition!

!ules against non forum s"opping applies to $uasi %udicia

proceedings

/he com$laint should contain a certifcation

under oath that the com$lainant%

a!) >as not there%ore commenced any action or led

any claim inoling the same iss#es in any co#rt

trib#nal, or $#asi-#dicial agency and to the best o%

his 2nowledge, no s#ch other action or claim is

pending therein!

b!) i% there is s#ch other pending action or claim, a

complete statement o% the present stat#s thereo%M

c!) i% he sho#ld thera%ter learn that the same o

similar action or claim has been led or is pending

he shall report that %act within A days there%rom to

the co#rt wherein his a%oresaid complaint or iniatory

pleading had been led!

/0 parte1 informal application

- ?ay be iniated by mere latter sent by a

complainant egs! /pplication %or permits o

licenses or %or renewal thereo%!

- +hese proceedings become contested when the

application is opposed or denied, or s#ch letter

a%ter ex parte inestigation, show the need %o

the person complained o% to be gien

opport#nity to be heard on that matter!

0RU4 S50##6

- mproper practice o% going %rom one co#rt to

another in the hope o% sec#ring o% a %aorable

relie% in one co#rt which another co#rt has

denied or the ling o% repetitio#s s#its o

proceedings in di9erent co#rt concerning

s#bstantially the same s#bect matter!

- / party see2s a %aorable opinion in anothe%or#m, other than appeal or certiorari!

+est to determine %or#m shopping

- Whether the elements o% litispendentia are

present or whether nal #dgment in one case

will amo#nt to res #dicata in the other!- n other words, i% a party p#rs#es the same

ca#se o% action, inoling the same iss#es

parties and s#bect matter, in two di9erent %ora

a lawyer may be g#ilty o% %or#m shopping!- denti%y o% parties or interests represented, rights

asserted and relie% so#ght in di9erent trib#nals


7/70

>'W&&0, where di9erent gro#ps hae di9erent

interests, then their ling di9erent petitions in

the same co#rt, where they see2 relie%, does not

constit#te %or#m shopping!

)c&uistion o 'urisdiction

). Ac$uire t"e %urisdiction over t"e person of t"e

petitioner

- by the latter.s ol#ntary appearance as by his ling

a complaint, petition or initiatory or appropriate

pleading and paying the ling %ees!

+. Ac$uire t"e %urisdiction over t"e person of t"e

respondent

- by latter.s ol#ntary appearing or s#bmitting to the

body or by serice o% s#mmons #pon him!

+a2e note /ppearance may be made not only by act#al

appearance b#t also by the s#bmission o% pleading with the

trib#nal

"#mmons < writ by which a respondent is notied o% the

action against him and is as2ed to le his answer thereto!

#re trial +onerence

- t is held be%ore the contested case is sched#led

%or hearing- t is a possibility o% an amicable settlementM the

simplication o% the iss#esM the possibility o%

obtaining stip#lations or admission o% %acts and

o% doc#ments to aoid #nnecessary proo%M

adisability o% re%erring the case to arbitrationM

and the propriety o% rendering #dgment on the

pleadings or a s#mmary #dgment or o%

dismissing the action sho#ld a alid gro#nd

there%ore be %o#nd to exist

"eault in administrative case

e%a#ltF < %ail#re to le a responsie pleading,

%ail#re to appear in any hearing to present

eidence, in any o% which instances the hearing

may proceed in his absence witho#t iolating the

party.s right to d#e process!

)dministrative $roceeding( hearing

1! +a2ing and eal#ation o% eidence

! eterming %acts based #pon the eidence

presentedM

3! 0endering an order or decision s#pported by the

%acts proed

+a2e note

-+he parties shall be gien opport#nity to present

eidence and arg#ment on all iss#es! +he notice and

hearingF are proced#ral re$#irements o% d#e process,

the absence o% which will render the decision in a

contested case n#ll and oid! +he essence o%

proced#ral d#e process in admin proceedings is the

opport#nity to be heard!

- +he motion %or reconsideration constit#tes a

s#cient opport#nity to be heard #st as an appea

be ta2en %rom the decision accords the losing party

the opport#nity to present his side! /ny s#ch

proced#ral step c#res the de%ect o% lac2 o% preio#s

notice, except when the other d#e process

re$#irement i!e presence o% s#bstantial eidence as

basis o% the decision , cold ne#trality o% an impartia

#dge on the part o% the $#asi-#dicial ocer

competent and impartial trib#nal, hae not been

complied with

- >earing does not necessarily re$#ire a trial type

presentation o% eidence! +o be heard does no

mean erbal arg#ments be%ore trib#nalM it can be

thro#gh written pleading! >oweer where it appears

that there are iss#es o% %act which cannot be decided

witho#t trials o% the case on the merits, one m#st be

held!

SU7#0*) and +0/*4#/ o court

Subpoena

- a process directed to a person re$#iring him to

attend and testi%y at the hearing or trial o% theaction or at any inestigation cond#cted #nder

the laws o% the co#ntry!

Subpoena ducestecum

< an order to prod#ce specied doc#ments and the

same is iss#ed #pon application o% a party by

showing clear and #ne$#iocable proo% that the

doc#ments so#ght to be prod#ced contain eidence

releant and material to the iss#e be%ore the agency

n case o% re%#sal to obey said s#bpoenas < p#nish %o

contempt or impose penalty

/a!e note +he /#thority to iss#e s#bpoena and s#bpoena

d#cestec#m can only be exercised by an administratie

agency in its Q2AS(-J2(C(AL 345/!R 5ot $#asi-legislatie o

ministerial %#nction

*3"*+*

A6davits of &itness

- may not be considered #nless the aants are

p#t in the witness stand %or cross-examination

on their adaits, except when the parties

waie the same expressly or impliedly

4atters o 'udicial notice have 8 materiare&uisites

1! t m#st be one o% common and genera

2nowledge! t m#st be well and a#thoritatiely settled

and not do#bt%#l or #ncertain3! t m#st be 2nown to be within the limits o%

the #risdiction o% the trib#nal

+a2e note +o ass#re compliance with the re$#isites o% #dicia

notice, the r#les re$#ire that the $#asi-#dicial trib#nal o

agency shall noti%y the parties o% the %acts ta2e #dicial notice


8/70

and shall a9ord them the opport#nity to contest the %acts so

noticed!

5eirarchy o evidence values

1! Proo% beyond reasonable do#bt! =lear and conincing eidence3! Preponderance o% eidence4! "#bstantial eidence

Substantial evidence

- "#ch releant eidence as a reasonable mind

might accept as ade$#ate to s#pport a

concl#sion- t means s#ch eidence which a9ords s#bstantial

basis %rom which the %act in iss#e can be

reasonably in%erred!

"elegation o 1uasi-2udicial #ower

- +he power con%erred #pon an administratie

agency to iss#e r#les and reg#lations necessary

to carry o#t its %#nctions has been held to be an

ade$#ate so#rce o% a#thority to delegate a

partic#lar %#nction, #nless by express proision

o% the law or by implication it has been withheld!

"elegation to receive evidence

- / $#asi-#dicial body may delegate the %#nction

to receie eidence and per%orm any and all acts

necessary %or the resol#tion o% %act#al iss#es

%alling within its #risdiction!- +he delegate merely reports the %acts %o#nd and

the $#asi-#dicial bodyretain the power to

approe or reect the report and to decide the

case!- +he r#le that re$#ires an administratie ocer

to exercise his own #dgment and discretiondoes not precl#de him %rom #tili;ingM as a matter

o% practical administratie proced#re, the aid o%

s#bordinates to inestigate and report to him the

%acts, on the basis o% which the ocer ma2es his

decision!

(Pages 13A-Q)

". "U* #R0+*SS 1U)S-2U"+)9 #R0+**"6S

6**R)9

+wo concepts o% d#e process

1!"#bstantie-re$#ires that the law itsel%, not merely the

proced#res by which the law wo#ld be en%orced is %air,reasonable and #st!

!Proced#ral-method or manner by which the law is en%orced!

+wo basic rights o% proced#ral d#e process1! 5otice and >earing

! D#arantee o% being heard by an impartial andcompetent trib#nal!

=ardinal primary re$#irements o% d#e process inadministratie proceedings are1! the right to a hearing which incl#des the right to presentone.s case and s#bmit eidence in s#pport thereo%

! the trib#nal m#st consider the eidence presented

3! the decision m#st hae something to s#pport itsel%

4!the eidence m#st be s#bstantial, and s#bstantial eidencemeans s#ch eidence as a reasonable mind might accept asade$#ate to s#pport a concl#sion

A! the decision m#st be based on the eidence presented atthe hearing, or at least contained in the record and disclosedto the parties a9ected

6! the trib#nal or body o% any o% its #dges m#st act on its ownindependent consideration o% the law and %acts o% thecontroersy, and not simply accept the iews o% s#bordinate

I! the board or body sho#ld in all controersial $#estionsrender its decision in s#ch manner that the parties to theproceeding can 2now the ario#s iss#es inoled, and thereason %or the decision rendered

8! the ocer or trib#nal cond#cting the inestigation m#st beested with competent #risdiction and so constit#ted as toa9ord a person charged administratiely a reasonableg#arantee o% honesty and impartiality

-What d#e process abhors is not lac2 o% preio#s notice b#t

the absol#te lac2 o% opport#nity to be heard, the presence o% aparty is not always the corner stone o% d#e process!

/dministratie d#e process incl#de

1! the right to notice, be it act#al or constr#ctie, o% theinstit#tion o% the proceeding that may a9ect a person.s legarights!

! reasonable opport#nity to appear and de%end his rightsintrod#ce witnesses and releant eidence in his %aor

3! a trib#nal so constit#ted as to gie him reasonableass#rance o% honesty and impartiality, and one o% competent#risdiction!

4! a nding or decision by that trib#nal s#pported bys#bstantial eidence presented at the hearing, or at leastcontained in the records or disclosed to the parties a9ected!

+he principle o% d#e process %#rnishes a standard to whichgoernmental action sho#ld con%orm in order to impress iwith the strand o% alidity! Bidelity to s#ch standard m#st o%necessity be the oerriding concern o% the goernmenagencies exercising $#asi-#dicial %#nctions!

n $#asi-#dicial proceedings, where it appears that there areiss#es o% %act which cannot be decided witho#t a trial o% thecase on the merits, one m#st be held! +he r#le is where andad#dicatie %act is at iss#e, a trial-type hearing o#ght to beheld!

-+09" *U/R)9/: 0 4#)R/)9 2U"6*!-

/ critical component o% d#e process is a hearing be%ore andimpartial and disinterested trib#nal! ngrained is the r#le thaeery litigant is entitled to nothing less that the cold ne#tralityo% an impartial #dge!

nstances-a hearing ocer in a contested case cannot act as prosec#torin the same case!-an admin ocer who has rendered a decision in a contestedcase cannot reiew, a%ter he has been promoted to a higherposition with reiew %#nctions, the decision in the said case!

-in order that the reiew o% the decision o% a s#bordinateocer might nit t#rn o#t to be a %arce, the reiewing ocem#st per%orce be other than the ocer whose decision is


9/70

#nder reiewM otherwise, there co#ld be no di9erent iew orthere wo#ld be no real reiew o% the case!

-4#)R/)9 )" +04#*/*/ /R7U)9!-

'ne o% the indispensable re$#irements o% d#e process inadministratie proceeding is that the trib#nal cond#cting theinestigation

1!m#st be ested with competent #risdiction! constit#ted as to a9ord a person charged administratiely areasonable g#arantee o% honesty and impartiality!

-5'+=& /5 >&/05D-#e process as g#aranteed by the constit#tion extends toadmin proceedings, the %oremost re$#irement o% which is theright to a hearing, which incl#de the right to present one.scase and to s#bmit eidence in s#pport thereo%! +he need %ornotice and opport#nity to be heard is the heart o% proced#rald#e process!

/ iolation o% any o% the cardinal re$#irements o% d#eproceedings renders any #dgment or order iss#ed therein n#lland oid and can be attac2ed in any appropriate proceeding!

a. #R0R 0/+* )" 5*)R6 R*1UR*"n administratie case, the general r#le is that prior notice andhearing are necessary only where the law so re$#ires!

+he in$#iry sho#ld there%ore be into the enabling stat#tewhich clothes an administratie agency or ocer with certaind#ties and responsibilities in the discharge o% which someperson may be adersely a9ected!% the stat#te re$#ires prior notice and hearing, then theadmin agency or ocer m#st comply with the d#e processre$#irements as a condition %or the alidity o% its acts!

n any contested case all parties shall be entitled to noticeand hearing! +he notice shall be sered at least e daysbe%ore the date o% the hearing and shall state the sate, timeand place o% hearing!F

&x! +he "andiganbayan can preentiely s#spend a p#blicocial charged with a crime be%ore it, there m#st rst be ahearing to determine the alidity o% the in%ormation, and anding that the in%ormation is alid ma2es it mandatory %orthe co#rt to preentiely s#spend the acc#sed %or a period notexceeding ninety days!

b. W5* #R0R 5*)R6 0/ R*1UR*"

/s a general r#le, where what is exercised is police power d#lydelegated to an administratie ocer, or where what isso#ght to be preented or achieed re$#ires immediate action%or the p#blic good or interest, prior notice or hearing is notnecessary %or the alidity o% the action ta2en, so long as theaggrieed party is s#bse$#ently accorded hearing on theaction ta2en, by the administratie agency setting the case%or hearing or #pon motion or petition by the aggrieed party!

&x! Withdrawal o% license

#rior notice not re&uired in the exercise o $olice$ower!

--Where the act $#estioned res#lts %rom the exercise o% policepower o% the state, prior notice and hearing are not re$#ired,#nless the applicable law so expressly proides!=onsiderations o% proced#ral d#e process cannot o#tweigh theeil so#ght to be preented by the exercise o% police power!

&x! /batement o% a p#blic n#isance per se does not re$#ireprior hearing!

+win rights o% notice and hearing may be considereddispensable in certain instances

1! n proceedings where there is an #rgent need %or immediateaction, li2e the s#mmary abatement o% a n#isance per se!

! where there is a tentatieness o% administratie action, thatis , where the respondent is not precl#ded %rom enoying theright to notice and hearing at a later time witho#t pre#dice tothe person a9ected, s#ch as the s#mmary distraint and leyno% the property o% a delin$#ent taxpayer, and thereplacement o% a temporary appointee

3!Where the twin rights hae preio#sly been o9ered b#t theright to exercise them had not been claimed!

otice minimum re&uirement in summary dismissal.

n s#mmary proceedings, which are a#thori;ed by law to beinstit#ted against erring police ocers, the ling o% chargeswhich m#st be made 2nown to the respondent and theallowance o% reasonable opport#nity to respondent to answethe charges constit#te the minim#m re$#irements o% d#eprocess, it is mandatory that charges be specied in writingand that the adaits in s#pport thereo% be attached to thecomplaint beca#se these are the only wyas by which eidenceagainst the respondent can be bro#ght to his 2nowledge!

otice and hearing in rate-fxing.

+he iss#ance o% a xing rate order, which is iss#ed by and

administratie agency in the exercise o% its $#asi-#diciapower re$#ires notice and hearing! Where a rate xing r#leiss#ed by an administratie body applies to a partic#laperson or entity! >oweer i% it is in the exercise o% theilawma2ing %#nction and it a9ects all persons or entity thennotice and hearing can be dispensed with!

#rior notice in issuance o ex $arte or $reliminaryorder

/s a general r#le, proisional relie%s, s#ch as temporaryrestraining orders, cease or desist orders, may be granted by$#asi-#dicial agencies witho#t prior notice and hearing"imilarly, in disciplinary proceedings, the disciplining a#thoritymay preentiely s#spend the ocer or employee chargeswith a grae o9ense witho#t prior notice or hearing, thepreentie s#spension not being a penalty!

0##0R/U/: /0 7* 5*)R"&ssence o% d#e process in administratie proceedings is theopport#nity to explain one.s side or a chance to see2reconsideration o% the action or r#ling complained o%!/s long as the parties were gien the opport#nity to be heardbe%ore the #dgment was rendered, the demands o% d#eprocess were s#ciently met!

&en i% there is notice or opport#nity to be heard, which issaid to be the essence o% d#e process, there is still iolation o%d#e process which renders the decision or r#ling o% theadministratie agency inalid, where

1! there is no eidence to s#pport the decision

! where eidence other than that presented d#ring theproceedings or disclosed in the records was ta2en intoacco#nt in rendering the r#ling

3! where the $#asi-#dicial body or ocer did not possess thecold ne#trality o% an impartial #dge, as when he acted asinestigator

4! where the administratie ocer or body acted with graeab#se o% discretion amo#nting to lac2 or excess o% #risdiction

Where there is no denial o due $rocess

/ party who has been notied o% the hearing b#t %ailed toattend the same or re%rained %rom participating in the agency


10/70

proceedings cannot complain that he has been denied d#eprocess!

4otion or reconsideration cures $rocedural due$rocess deects( exce$tionsthe general r#le is that denial o% proced#ral d#e processcannot be s#ccess%#lly ino2ed by a party who has beenheard on his motion %or reconsideration!>is motion %or reconsideration has the e9ect o% c#ringwhateer irreg#larity has been committed in the proceedings!+he r#le that the ling o% a motion %or reconsideration o% thedecision or r#ling against a party c#red the de%ect in the lac2

o% prior notice and hearing as to precl#de the party %romclaiming denial o% d#e process ass#mes that the otherre$#irements o% d#e process hae been complied with! % anyo% the other re$#irements has not been obsered, the r#ledoes not apply, as when the eidence against the party is notset %orth in the record o% the case, one o% the indispensablere$#irements o% d#e process being that the decision o% anadministratie agency m#st be rendered on the eidencecontained in the record and disclosed to the party a9ectedand the motion %or reconsideration not being s#cient to c#rethe %atal de%ect!

Substantial evidence as basis o decision.

/nother cardinal re$#irement o% d#e process in administratiead#dication is that the decision m#st be rendered on the

eidence presented at the hearing or at least contained in therecord and disclosed to the parties a9ected!+he decision m#st be s#pported by s#bstantial eidence andabsent s#ch wo#ld render the decision oid!

Right to counsel, not a due $rocess re&uirement

While inestigations cond#cted by an administratie bodymay at times be a2ing to a criminal proceeding, the %actremains that #nder the existing laws, a party in anadministratie in$#iry may or may not be assisted by co#nsel,irrespectie o% the nat#re o% the charges and o% therespondent.s capacity to represent himsel%, and no d#ty restson s#ch body to %#rnish the person being inestigated withco#nsel!+he right to co#nsel is not indispensable to d#e process #nlessre$#ired by the =onstit#tion or the law!n administratie proceedings, the essence o% d#e process issimply the opport#nity to explain one.s side!

*. "*+S0, )##*)9 )" 2U"+)9 R*3*W

ecision in administratie law-the whole or any part o% thenal disposition, not o% an interl#cotory character, whetherarmatie, negatie, or in#nctie in %orm, o% a $#asi-#dicialagency in any matter, incl#ding licensing, rate xing andgranting o% rights and priileges!

#eriod to render decision.

"ection 14 o% :oo2 o% the 1H8I /dministratie codeproides that the agency shall decide each case within thirtydays %ollowing its s#bmission!F

/ case is deemed s#bmitted %or decision a%ter both partiesshall hae concl#ded presentation o% their eidence or #ponthe ling o% their respectie memoranda, i% re$#ired or i% theyso as2 and the same be granted!

/ stat#te re$#iring rendition o% #dgment within a speciedtime is generally constr#ed to be merely directly, so that non-compliance with it does not inalidate the #dgment on thetheory that i% the stat#te had intended s#ch res#lt it wo#ldhae clearly indicated, b#t the %ail#re o% the administratie or$#asi-#dicial ocer to decide the case within the prescribedperiod may render him administratiely liable there%ore, as heis enoined by the code o% cond#ct %or p#blic ocers topromptly act on all matters be%ore him!

orms o decisions

+he %act that $#asi-#dicial agencies are not co#rts o% #sticedoes not exc#se them %rom the re$#irement that theidecisions sho#ld clearly and distinctly express the %acts andthe law on which they are based! "ec! 14, :oo2 o% the 1H8I/dministratie =ode re$#ires that &ery decisions renderedby the agency in a contested case shall be in writing and shalstate clearly and distinctly the %acts and the law on which it isbased!F=ompliance by $#asi-#dicial trib#nals or agencies with there$#irements o% decision-writing becomes especiallyimportant in appealable decisions beca#se decisions o% $#asi

#dicial bodies are appealable to the =o#rt o% /ppeals bymeans o% a petition %or reiew, in which the appellant isentitled to raise $#estions o% %act, or o% law, or both!

#ublication o decisions.

+he law re$#ires that eery agency shall p#blish and ma2eaailable %or p#blic inspection all decisions or nal orders inthe ad#dication o% contested cases!

Relie and sanction.

0elie%-incl#des the whole or part o% any grant o% moneyassistance, license, a#thority, priilege, exemptionsexception, or remedyM recognition o% any claim, rightimm#nity, priilege, exemption or exceptionM or ta2ing o% any

action #pon the application or petition o% any person!"anction-incl#des the whole or part o% a prohibition, limitationor other condition a9ecting the liberty o% any personM thewithholding o% relie%M the imposition o% penalty or neM thedestr#ction, ta2ing, sei;#re or withholding o% propertyM theassessment o% damages, reimb#rsement, restit#tioncompensation, cost, charges or %eesM the reocation os#spension o% licenseM or the ta2ing o% other comp#lsory orrestrictie action!

inality o decisions.

+he decision o% the agency shall become nal and exec#to%teen days a%ter the receipt o% a copy thereo% by the partyadersely a9ected #nless within that period an administratieappeal or #dicial reiew, i% proper, has been per%ected! 'nemotion %or reconsideration may be led, which shall s#spendthe r#nning o% the said period!/n admin agency may alter, modi%y or reerse its decisionwith or witho#t a motion %or reconsideration, only be%ore thedecision becomes nal and exec#tor! +he established principleis that once a decision becomes nal and exec#tor, it isremoed %rom the power or #risdiction o% the $#asi-#diciabody which rendered it to %#rther alter or amend, m#ch lessreo2e it!

#romulgation o decision.

/ decision o% an administratie ocer or agency, in theexercise o% $#asi-#dicial power, becomes binding only a%ter itis alidly prom#lgated!

Prom#lgation-means the deliery o% the decision to the cler2

o% co#rt %or ling and p#blication!

% at the time o% the prom#lgation o% a decision or resol#tion, a#dge or a member o% a collegiate co#rt or $#asi-#diciaagency had earlier signed or registered his ote %or thedecision, has acated his oce, his ote is a#tomaticallywithdrawn or cancelled!

otice o decision

+he parties are entitled to be in%ormed o% the decisionrendered by the $#asi-administratie agency! % a party isrepresented by co#nsel, the notice o% the decision m#st bemade #pon co#nsel! t is well settled that notice to co#nsel isnotice to client! 'n the other hand, notice to client does notmean notice to co#nsel!


11/70

"ecision by collegiate body( vote re&uired!

/ collegiate body can alidly decide only when it %ormally actsas s#ch! / decision by a director %or the collegiate body isoid! L#st as the decision o% only one member thereo% is oidwhere a $#or#m o% two is re$#ired

=ommission -a body composed o% seeral persons acting#nder law%#l a#thority to per%orm some p#blic serice! t isalso dened as a board or committee o% ocials appointedand empowered to per%orm certain acts or exercise certain

#risdiction o% a p#blic nat#re or serice!

Where the law creating a collegiate body proides that itsdecision be arried by maority oteF, s#ch maority canalidly render a decision! Bor all practical p#rposes, themaority becomes the %#ll board!

/ member has no a#thority prom#lgate a decision %or thebody, nor can the same be ratied by its chairman, not beingthe body itsel%, beca#se ratication cannot alidate an actoid ab initio!

+he powers and d#ties o% boards and other collegiate bodiesmay not be exercised by indiid#al members separately!

inal decisions not reviewable.

'ne motion %or reconsideration is allowed! / nal resol#tion ordecision o% an administratie agency also binds the 'ce o%the President een i% s#ch agency is #nder the administraties#perision and control o% the latter!

/dministratie decisions m#st end sometime, as %#lly asp#blic policy demands that nality be written on #dicialcontroersies!

)$$eal in contested cases./n appellant sho#ld comply with all the re$#irements %orper%ecting an appeal applicable to specic cases in partic#lar$#asi-#dicial agencies, otherwise his appeal will be dismissedor denied d#e co#rse! +he reason is that appeal is a p#relystat#tory right and he who aails o% it m#st strictly complywith all its re$#isites!

+he per%ection o% appeal in the manner and within the periodprescribed by law is not only mandatory b#t #risdictional! %the appeal is not per%ected, the decision becomes nal andexec#tor and can no longer be reiewed by a higheradministratie agency or by the co#rts!

)dministrative review.

0eiew-reconsideration or re-examination o% a decision orr#ling o% a s#bordinate ocer by a s#perior ocer or higheradministratie agency!0eiew by a s#perior ocer or department head may be#nderta2en mot#proprio i% the decision has not yet becomenal, in the exercise o% his control power oer the acts o% hiss#bordinate!

+he general r#le is that eidence not %ormally s#bmittedd#ring the hearing be%ore an administratie agency may notbe s#bmitted, %or the rst time, on appeal and the reiewingadministratie body may not, there%ore, consider it! 'neexception to this r#le is that when an iss#e was not raisedbe%ore the lower administratie agency and eidence onconnection therewith was not accordingly presented, b#twhich iss#e was resoled by the latter in its decision, theaderse party, on appeal, was entitled to present reb#ttaleidence on said iss#e and the re%#sal o% the reiewingagency to consider s#ch reb#ttal eidence on the gro#nd thatthe same was not %ormally o9ered d#ring the hearingconstit#ted grae ab#se o% discretion and le%t decision onappeal witho#t s#bstantial basis to s#pport it!

#resum$tion o legality.

+he legal pres#mption that ocial d#ty has been d#lyper%ormed is partic#larly strong as regards to acts o% $#asi-#dicial agencies in connection with the en%orcement o% lawsa9ecting partic#lar elds o% actiity, the proper reg#lation opromotion o% which re$#ires a technical or special trainingaside %rom a good 2nowledge and grasp o% the oeralconditions releant to said eld!

+here is no pres#mption o% reg#larity o% any administratieaction which res#lts in depriing a taxpayer o% his propertythro#gh tax sale!

inality o decision o a$$ellate agency.

n any contested case, the decision o% the appellate agencyshall become nal and exec#tor %teen days a%ter the receiptby the parties o% a copy thereo%, #nless a motion %oreconsideration is seasonably led or a petition %or reiew os#ch decision is led with the =o#rt o% /ppeals within %teendays %rom receipt o% the decision or o% the denial o% the motion%or reconsideration! 'nly one motion %or reconsideration isallowed!

Res 2udicata.

+he doctrine o% res #dicata applies to decisions or orders o%administratie agencies that hae become nal! "#ch

decisions or orders are concl#sie #pon the rights o% thea9ected parties as tho#gh the same had been rendered by aco#rt o% general #risdiction!

+he r#le which %orbids the reopening o% a matter once#dicially determined by competent a#thority applies as welto the #dicial and $#asi-#dicial acts o% p#blic, exec#tie oradministratie ocers and boards acting within thei#risdiction as the #dgments o% co#rts haing general #diciapowers!

When res 'udicata disregarded.

When there are s#perening eents which ma2e it imperatiein the higher interest o% #stice, to modi%y said #dgment toharmoni;e the disposition with the preailing circ#mstancesespecially where no priate indiid#al will be nanciallypre#diced by oert#rning the nal #dgment!+he r#le may also be oerloo2ed where the same has beenwaied or has not been timely raised as a de%ense, where theapplication o% the principle, #nder the partic#lar %actsobtaining, wo#ld amo#nt to a denial o% #stice or a bar to aindication o% a legitimate grieance!

+he principle may be disregarded i% its application wo#ldinole the sacrice o% #stice to technicality!

+he principle does not operate between persons who, haingbeen co-parties in the rst case, are opposing partied in thesecond case! +he exception to the r#le is where the indiid#aclaims o% s#ch co-parties in the rst case were raised iniss#ed, litigated and determined, res #dicata applies to s#chco-parties!

#ower to issue writ o execution to enorce 'udgment.

D"" s! =iil "erice =ommission, the s#preme co#rts#stained the power o% the =iil "erice =ommission to ordeexec#tion o% its nal decision iss#ed in the exercise o% its$#asi-#dicial or ad#dicatory a#thority, as there is no lawwhich denies it s#ch a#thority!

it wo#ld seem $#ite obio#s that the a#thoryt to decidecases is in#tile #nless accompanied by the a#thority to seethat what has been decided is carried o#t!F

Cnless the law esting $#asi-#dicial power to an agencyproides otherwise, the agency prom#lgating its decision has


12/70

the implied power to iss#e a writ o% exec#tion to en%orce itsdecision!

+5)#/*R ;"0+/R*S 0 #R4)R: 2URS"+/0 )"*


13/70

conenience, will not entertain a case #nless the aailableadministratie remedies hae been resorted and theappropriate a#thorities hae been gien opport#nity to actand correct the errors committed in the administratie %or#m!

+he aggrieed party m#st not merely initiate the prescribedadministratie proced#re to obtain relie%, b#t m#st also p#rs#eits appropriate concl#sion be%ore see2ing #dicial interentionin order to gie that administratie agency an opport#nity todecide the matter by itsel% correctly and preent #nnecessaryand premat#re resort to the co#rt!

% a remedy within the administratie machinery can still beresorted to by giing the administratie ocer concernedeery opport#nity to decide on a matter that comes within his#risdiction, then s#ch remedy sho#ld be exha#sted rstbe%ore the co#rt.s #dicial power can be so#ght! +hepremat#re inocation o% co#rt.s interention is %atal to one.sca#se o% action!

*ect o ailure to exhaust remedies.

+he %ail#re to obsere the doctrine o% exha#stion o%administratie remedies does not a9ect the #risdiction o% theco#rt! +he only e9ect o% non-compliance with the r#le is that itwill deprie the complainant o% a ca#se o% action, which is agro#nd %or a motion to dismiss! % not ino2ed at the propertime, this gro#nd is deemed waied and the co#rt can ta2e

cogni;ance o% the case and try it!

5on-exha#stion o% administratie remedies is a gro#nd %or amotion to dismiss or is a de%ense which may be raised in theanswer! % s#ch gro#nd has not been raised in a motion todismiss or in the answer to the complaint, it is deemedwaied!

Reasons or the rule.

+he #nderlying principle o% the r#le rests on the pres#mptionthat the administratie agency, i% a9orded a complete chanceto pass #pon the matter, will decide the same correctly! % theerror is rectied, #dicial interention wo#ld then be#nnecessary!

t proides a less expensie and more speedy sol#tions todisp#tes!

t also gies the administratie agency the opport#nity to actand correct the errors committed in the administratie %or#m!=o#rts may decline to resole a case on the gro#nd o%premat#rity!

/nother reason %or the doctrine o% exha#stion is theseparation o% powers! +he theory is that the administratiea#thorities are in a better position to resole $#estionsaddressed to their partic#lar expertise and that errorscommitted by s#bordinates in their resol#tion may be rectiedby their s#periors i% gien a chance to do so!

*xce$tions to the rule, generally.

+he principle o% exha#stion o% administratie remedies is notan ironclad r#le! +his doctrine is a relatie one and itsJexibility is called #pon by pec#liarity and #ni$#eness o% the%act#al and circ#mstantial settings o% a case! >ence, it isdisregarded1) when there is a iolation o% d#e process

)when the iss#e inoled is p#rely a legal $#estion

3)when the administratie action is patently illegal amo#ntingto lac2 or excess o% #risdiction

4)when there is estoppel on the part o% the administratieagency concerned

A)when there is irreparable in#ry

6)when the respondent is a department secretary whose actsas an alter ego o% the president hears the implied andass#med approal o% the latter

I)when to re$#ire exha#stion o% administratie remedieswo#ld be #nreasonable

8)when it wo#ld amo#nt to a n#llication o% a claim

H)when the s#bect matter is a priate land in land cases orproceedings

1Q) when the r#le does not proide a plain and speedy andade$#ate remedy

11)there are circ#mstances indicating the #rgency o% #diciainterention

1) when no administratie reiew is proidedM

13)where the r#le o% $#alied political agency applies

14) when the iss#e o% non-exha#stion o% administratieremedies has been rendered moot

1A) %ail#re o% a high goernment ocial %rom whom relie% isso#ght to act on the matter!

+he r#le re$#iring exha#stion o% administratie remediesapplies only where the agency concerned exercises #dicial or$#asi-#dicial %#nctions! it does not apply in the exercise o% itsr#le-ma2ing or legislatie power!

5ot applicable where p#blic interest re$#ires immediate co#rresol#tion!+he doctrine o% exha#stion o% administratie remedies may beoerloo2ed where p#blic interest re$#ires immediate co#rresol#tion o% the iss#e raised!

5ot applicable where the administratie act is a n#llity!Where the acts o% a $#asi-#dicial agency are patently illegal,the doctrine o% exha#stion o% administratie remedies doesnot come into play!

ot a$$licable where administrative remedy is notade&uate.

+he %act that the law is silent as to the remedy o% appeal %roma decision o% a department secretary on a specic matter tothe President does not mean that the President may notreiew the action o% the secretary!

Where the decision o% the department secretary is by lawexec#tor a%ter a certain xed period, the aggrieed party neednot exha#st administratie remedy as an appeal to thePresident will not be as s#cient, ade$#ate and expeditio#sto grant him relie% as a #dicial relie%, s#ch as a writ opreliminary in#nction!

ot a$$licable where the 'udicial relie is re&uired to

$revent violence.+he aggrieed party can immediately resort to co#rt action bysee2ing in#nctie relie% witho#t awaiting the o#tcome o% theadministratie case, %or intertwined with the iss#e obo#ndary are the $#estions o% p#blic order m#st transcendthe administratie iss#e o% conJict o% bo#ndaries, and only theco#rts hae the weapon to compel the parties, temporarily operpet#ally by means o% in#nction, to maintain peace!

ot a$$licable where agency acted with no 'urisdiction

&xha#sting s#ch administratie remedies o% appeal is nonecessary where the agency acted witho#t #risdiction or withgrae ab#se o% discretion in ta2ing cogni;ance o% a belatedappeal %rom decision o% a lower leel administratie bodywhich had become nal and therea%ter reersing it!


14/70

ot a$$licable where there is yet no administrativeorder.

t %ollows that there has to be some sort o% decision, order oract, more or less nal in character, that is ripe %or reiew andproperly the s#bect o% an appeal to a higher administratiebodyM or oce, %or the principle o% exha#stion o%administratie remedies to operate!

ot a$$licable where there is esto$$els.

Where an administratie agency in its $#estioned order r#ledor implied that the aggrieed party may either accept itsr#ling or $#estion it in co#rt, the agency in a co#rt s#it tochallenge the same is stopped %rom ino2ing non-exha#stiono% administratie remedy to de%eat the co#rt s#it, as it led theaggrieed party to beliee that only a co#rt r#ling wo#ld beaccepted by it!

ot a$$licable where there is urgency or irre$arabledamage.

+he #rgency o% #dicial interention, as when a writ o%preliminary in#nction is so#ght in which the petitioner hasshown that there is s#bstantial controersy between theparties and the respondent is committing and act orthreatening the immediate commission o% an act that will

ca#se irreparable in#ry or destroy the stat#s $#o o% thecontroersy be%ore a %#ll hearing can be had on the merits o%the case!Where resort to administratie remedies will be %r#itless andirreparable damage or in#ry will ca#se petitioner arising %romthe immediate implementation o% the administratie actionso#ght to be n#llied, the doctrine o% exha#stingadministratie remedies will not apply!

ot a$$licable where the &ualifed $olitical agencydoctrine a$$lies.+he doctrine o% $#alied political agency, departmentsecretaries are alter egos or assistants o% the President andtheir acts are pres#med to be those o% the latter, #nlessdisapproed or reprobated by him!

/ party aggrieed by an order or decision o% a departmentsecretary may directly le the appropriate action against thedepartment secretary.s action witho#t iolating the doctrineo% exha#stion o% administratie remedies beca#se his action,as the President.s alter ego, deemed to be that o% thePresident!

+his doctrine o% $#alied political agency ens#res speedyaccess to the co#rts when most needed! +here was no needthen to appeal the decision to the oce o% the PresidentMreco#rse to the co#rts co#ld be had immediately!

t has been held that an aggrieed party a9ected by adecision o% a cabinet secretary need not appeal to the oce o%the President, and he may le a petition %or certiorari #nder0#le 6A o% the 0#les o% =o#rt, witho#t exha#stingadministratie remedy o% appeal to the 'ce o% the President

beca#se the cabinet secretary is the alter ego o% thePresident!

ot a$$licable where issue is $urely legal.

Where p#re $#estions o% law are raised, the doctrine o%exha#stion o% administratie remedies does not applybeca#se iss#es o% law cannot be resoled with nality by theadministratie ocer!

/ltho#gh administratie determination o% law is pers#asie onco#rts and carries it a strong pres#mption o% correctness,nonetheless, the interpretation and application o% laws is theco#rt.s prerogatie!

ot a$$licable where administrative remedy is$ermissive.

+he doctrine does not apply where, by the terms oimplications o% the stat#e a#thori;ing an administratieremedy, s#ch remedy is permissie only, warranting theconcl#sion that the legislat#re intended to allow the #diciaremedy een tho#gh the administratie remedy has not beenexha#sted!

ot a$$licable where doctrine will result in nullifcationo claim.

+he r#le re$#iring exha#stion o% administratie remedies doesnot apply where insistence on its obserance will res#lt inn#llication o% the claim assertedM or where the administratieagency has no power to grant the relie% so#ght in ciil actions#ch claim %or damages!

ot a$$licable in &uo warranto cases.

While it may be desirable that administratie remedies be rstresorted to, no one is compelled or bo#nd to do soM and assaid remedies neither a pre-re$#isites to nor bar theinstit#tion o% $#o warranto proceedings, it %ollows that he whoclaims the right to hold a p#blic oce #s#rped by another andwho desires to see2 redress in the co#rts, sho#ld le theproper #dicial action within the reglementary period! Bop#blic interest re$#ires that the right to a p#blic oce sho#ld

be determined as speedily as practicable!

ot a$$licable where there is no law re&uiringremedies.

Where there is no law or reg#lation re$#iring thaadministratie steps be ta2en against an administratie actionas a condition precedent to the ling o% an action in co#rt!

+5)#/*R =2U"+)9 R*3*W

).2U"+)9 R*3*W 6**R)99:6enerally.

L#dicial 0eiew-an act, r#le or decision o% an exec#tie odetermination by the co#rts in the exercise o% their #diciapower in an appropriate case instit#ted by a party aggrieedthereby as to whether the $#estioned act, r#le or decision hasbeen alidly or inalidly iss#ed or whether the same sho#ld ben#llied, armed or modied!

t is a settled r#le that when the iss#e inoled concerns thealidity o% s#ch discretionary powers or whether said powersare within the limits prescribed by the =onstit#tion, co#rtsmay not decline to exercise the power o% reiew! +he p#rposeo% #dicial reiew is to 2eep the administratie agency withinits #risdiction and protect s#bstantie rights o% partiesa9ected by its act, r#le or decision!

What are sub'ect to review!

/ny agency action is s#bect to #dicial reiew in an

appropriate case!

/gency action-the whole or part o% any agency r#le, orderlicense, sanction, relie%, or its e$#ialent or denial thereo%!/gency action may be either5on-#dicial-p#rely administratie or exec#tie acts and r#lesand reg#lations

S#asi-#dicial-incl#des nal orders or decisions rendered bythe agency in the exercise o% its $#asi-#dicial power!

?ethods o% #dicial reiew, generally!?odes o% #dicial reiew may according to the stat#es and thenat#re o% the agency action so#ght to be reiewed, which arean ordinary co#rt action, appeal, petition %or reiew, petition


15/70

%or writ o% certiorari, a petition %or prohibition, and a petition%or mandam#s!

/ stat#te sometimes proides specic methods o% #dicialreiew and prescribes the proced#re to be ta2en! % there iss#ch a alid stat#te, the same sho#ld be %ollowed, otherwiseany co#rt action witho#t compliance with the stat#toryre$#irements may be dismissed %or being either premat#re orimproper!

+he remedies that may be aailed o% where the stat#te issilent, are the special ciil actions %or certiorari, prohibition

and @or mandam#s #nder 0#le 6A o% the 0#les o% =o#rt!

Where what is $#estioned is an act per%ormed by anadministratie agency in the exercise o% p#rely exec#tie oradministratie %#nctions, the #dicial remedy, as a generalr#le, is to le the appropriate co#rt action be%ore the co#rt o%general #risdiction, namely, the 0egional trial =o#rt!

t has been held that while an administratie agency can bes#ed in co#rts o% rst instance in the per%ormance o% itsadministratie %#nctions, howeer, the r#le is otherwise whenthe act complained o% %orms part o% its $#asi-#dicial %#nctions!

0rdinary action or in'unction./nd ordinary complaint %or in#nction led with the 0egional+rial =o#rt is the #s#al remedy against a p#rely administratie

act o% an administratie agency or against a r#le or reg#lationiss#ed in the exercise o% its r#le-ma2ing power asdi9erentiated %rom a r#ling or decision prom#lgated in theexercise o% its $#asi-#dicial or ad#dicatory power!

+he same remedy applies where what is $#estioned is the r#leor reg#lation iss#ed by an administratie agency in theexercise o% its $#asi-legislatie or r#le-ma2ing power!

)$$eal.

'rdinary appeal may be aailed o%, where the enablingstat#te specically proides that decisions o% the $#asi-#dicialbody may be appealed as in ordinary ciil cases within aspecied period!

7. 94/)/0S 0 2U"+)9 R*3*W

9imitations. 6enerally.

t is only when there is grae ab#se o% discretion which ise$#ialent to a capacio#s and whimsical exercise o% #dgmentor where the power is exercised in an arbitrary or despoticmanner by reason o% passion, pre#dice or personal hostilityamo#nting to an easion o% positie d#ty, or to a irt#alre%#sal to per%orm the d#ty enoined, or to act at all incontemplation o% law that there is a #stication %or the co#rtssetting aside administratie determination reached!

/dministratie proceedings may be reiewed by the co#rts#pon a showing that the board or ocial has gone beyond hisstat#tory a#thority, exercised #nconstit#tional powers orclearly acted arbitrarily and witho#t regard to his d#ty or with

grae ab#se o% discretion or that the decision is itiated by%ra#d, imposition or mista2e!

*xercise o review $ower sub'ect to certain guide$osts.

0eiew is #stied when there has been a denial o% d#eprocess, or mista2e o% law, or %ra#d, coll#sion or arbitraryaction in the administratie proceeding!

When there is a clear showing that the agency acted in acapricio#s manner s#ch that its action may amo#nt to excessor lac2 o% #risdiction!

+he co#rt will reerse or modi%y and administratie decisionwhere the rights o% a party were pre#diced beca#se theadministratie ndings, concl#sions or decisions are in

iolation o% constit#tional proisionsM in excess o% a#thority o#risdictionM made #pon irreg#lar proced#reM itiated by %ra#dimposition or mista2eM not s#pported by s#bstantial eidenceadd#ced at the hearing or contained in the records odisclosed to the partiesM or arbitrary or capacio#s!

2udicial review o rules and regulations.

n considering a legislatie r#le, a co#rt is %ree to ma2e threein$#iries

1) whether the r#le is within the delegated a#thority o% the

administratie agency

)whether it is reasonable

3)whether it was iss#ed p#rs#ant to proper proced#re

n the case o% interpretatie r#le, the in$#iry is not into thealidity b#t into the correctness or propriety o% the r#le!

/ co#rt, when con%ronted with and interpretatie r#le, is %reeto

1) gie the %orce o% law to the r#le

)go to the opposite extreme and s#bstit#te its #dgment

3)gie some intermediate degree o% weight to theinterpretatie r#le!

2udicial review o administrative decisions, generally

t is a well-recogni;ed principle that administratie anddiscretionary %#nctions may not be inter%ered with by theco#rts! n general, co#rts hae no s#perisory power oer theproceedings and actions o% the administratie departments o%the goernment!

nter%erence with administratie discretion, to be aoided!+he general r#le is that the co#rts will not inter%ere in matterswhich are addressed to the so#nd discretion o% goernmentagencies entr#sted with the reg#lation o% actiities coming#nder the special technical 2nowledge and training o% s#chagencies!

+he discretion gien is o% s#ch wide latit#de that the co#rtswill not inter%ere therewith, #nless it is apparent that it is #sedas a shield to a %ra#d#lent award!

+he exercise o% administratie discretion is a policy decisionwhich sho#ld not be inter%ered with by the co#rts!

indings conclusive, exce$tions.

n reiewing administratie decisions, the ndings o% %acmade therein m#st be respected as long as they ares#pported by s#bstantial eidence, een i% not oerwhelmingor preponderant!

+he administratie decision in matters within the exec#tie

#risdiction can only e set aside on proo% o% grae ab#se odiscretion, %ra#d or error o% law!While it is settled doctrine that ndings o% %act o% anadministratie agency m#st be respected and the =o#rsho#ld not be tas2ed to weigh once more the eidences#bmitted be%ore the administratie body, it is axiomatic thats#ch ndings o% %act sho#ld be s#pported by s#bstantiaeidence!

/part %rom the re$#irements o% s#bstantial eidence r#le, thelac2 o% which empowers the co#rt to reiew ndings o% $#asi-#dicial agencies, there are also a n#mber o% instances whenthe co#rts may reiew their ndings, petitions appropriatelyled with the co#rts, namely

Petition %or reiew #nder r#le 43 o% the 0#les o% =o#rt


16/70

Petition %or =ertiorari, Prohibition and ?andam#s #nder 0#le6A o% the 0#les o% =o#rt

Petition %or reiew to the "#preme =o#rt #nder 0#le 4A o% the0#les o% =o#rt

2udicial intererence in technical matters.

the prohibition dictated by the decree pertains to the iss#anceby co#rts o% in#nction or restraining orders againstadministratie acts on controersies which inole %acts or

exercise o% discretion in technical cases, beca#se to allowco#rts to #dge these matters co#ld dist#rb the smooth%#nctioning o% the administratie machinery! :#t on iss#eso#tside o% this dimension and inoling $#estions o% law,co#rts are not preented by the decree %rom exercising theirpower to restrain or prohibit administratie acts!

+he prohibition applies only to administratie acts inoling%acts or the exercise o% discretion in technical cases! t doesnot apply to $#estions o% law or to matters which do notinole discretionary acts or technical matters, nor toanomalies committed by administratie ocers or to non-compliance with bidding re$#irements, %or the law cannot be#sed as shield %rom #dicial scr#tiny against irreg#laritiescommitted by administratie agencies!

2udicial review o $residential discretion.

iscretion-the power or right con%erred #pon the ocer by alaw or acting ocially #nder certain circ#mstances accordingto the dictates o% his own #dgment and conscience and notcontrolled by the #dgment or conscience o% others!

iscretion, when applied to p#blic %#nctionaries, means apower or right con%erred #pon them by law o% acting ocially,#nder certain circ#mstances, #ncontrolled by the #dgment orconscience o% others!

+he #s#al exc#se %or the co#rt.s non-inter%erence in theexercise by the President his discretionary power is thedoctrine o% separation o% powers or the so called doctrine o%political $#estion!

/ political $#estion means a $#estion o% policy! t re%ers tothose $#estions which #nder the =onstit#tion, are to bedecided by the people in their soereign capacity, or in regardto which %#ll discretionary a#thority has been delegated to theexec#tie branch o% the goernment!

inal decision beyond 'udicial review.+he right to appeal is merely a stat#tory right and may beexercised only in the manner and in accordance with theproision o% law! Bail#re to do so will ca#se loss o% the right toappeal and render the decision nal!

t is well-established that the decisions and orders o%administratie agencies, rendered p#rs#ant to their $#asi-#dicial a#thority, hae #pon their nality, the %orce andbinding e9ect o% a nal #dgment within the p#riew o% the

doctrine o% res #dicata!

=o#rts may not inter%ere with nor reiew administratiedispositions o% iss#es which come within the #risdiction o% theadministratie agency a%ter the decisions hae become nal%or %ail#re o% the losing party to appeal!(Pages Q3-IQ)

+. #*//0 0R R*3*W U"*R RU9* >8 0 RU9*S 0+0UR/

/ petition %or reiew is a mode o% appeal %rom decisions ornal orders o% $#asi-#dicial led with the =o#rt o% /ppealsp#rs#ant to "ec! H o% :P 1H and 0#le 43 o% the 0eised0#les o% =o#rt!

"ec! 1, 0#le 43 proides appeal to the =o#rt o% /ppeals %rom

a! =o#rt o% +ax /ppeals. #dgments or nal orders!

b! =iil "erice =ommission, =entral :oard o/ssessment /ppeals, "ec#rities and &xchange=ommission, 'ce o% the President, 7and0egistration =ommission, "ocial "ec#rity=ommission, =iil /erona#tics :oard, :#rea# oPatents, +rademar2s and +echnology +rans%er5ational &lectrication /dministration, &nergy0eg#latory :oard, 5ational +elecomm#nication

=ommission, epartment o% /grarian 0e%orm #nde0/! 66AI, Doernment "erice ns#rance "ystem&mployees =ompensation =ommission, /gric#lt#ranentions :oard, ns#rance =ommissionPhilippine /tomic &nergy =ommission, :oard onestments, =onstr#ction =ommission andol#ntary arbitrators.

a! awards, #dgments, nal orders oresol#tions o%M or

b! a#thori;ed by any $#asi-#dicial agency inthe exercise o% its $#asi-#dicial %#nctions!

c! 'mb#dsman.s decisions in administratie cases

d! 570= by way o% special ciil action

- the en#meration o% $#asi-#dicial agencies in "ec! 1, 0#le43 is not excl#sie!

- 0#le 43 re$#ires the exha#stion o% all administratieremedies and that a nal order or decision has beenrendered by the administratie body in the exercise o% its$#asi-#dicial %#nctions!

Birst 7epanto =eramics ! =/ < the co#rt held that a stat#teproiding that decision o% specic $#asi-#dicial body isappealable directly to the "#preme =o#rt, i% enacted witho#tthe adice and conc#rrence o% the "=, is not e9ectie, andthat the appeal there%rom m#st be ta2en to the =o#rt o/ppeals #nder 0#le 43!

&xcl#ded %rom 0#le 43

ecisions o% ='?&7&= and ='/, may be $#estioned by meanso% petition %or certiorari #nder 0#le 64 T 6A o% 0#les o% =o#rtwith the "#preme =o#rt within 3Qdays %rom notice!

"ec! 3, 0#le 43 appeal to the =o#rt o% /ppeals may inole$#estions o% %acts $#estions o% law, or mixed $#estions o% %actand law!

S#estion o% Bacts < when the do#bt or di9erence arises as tothe tr#th or %alsehood o% alleged %acts! +he $#ery initescalibration o% the whole eidence!

S#estion o% 7aw < when there is do#bt or di9erence on theopinion as to what the law is on a certain state o% %acts andwhich does not call %or an examination o% the probatie al#eo% the eidence!

#etition or review under

Rule >8

#etition

Rule ;?

- ordinary appeal %rom the nal

order or decision o% a $#asi-#dicial body

- special

n#lli%y or modi%y

o% an administra


17/70

- led 1Adays %rom receipt o%

said decision or resol#tion denying a

motion %or reconsideration, a%ter

exha#sting administratie remedies

- led with the =o#rt o% /ppeals

- reiew on $#estions o% %act,

$#estions o% law or mixed $#estions o%

%act and law

#dicial or $#asi-#dicial %#nctions

witho#t or in excess o% #risdiction or

with grae ab#se o% discretion

amo#nting to lac2 o% #risdiction and

there is no appeal, or any plain, speedy

and ade$#ate remedy in the ordinary

co#rse o% law!

- led 6Qdays %rom receipt o%

the $#estion #dgment, order orresol#tion!

- led with the "#preme =o#rt,

or =o#rt o% /ppeals, or the 0egional +rail

=o#rt, as the 0#les o% =o#rt or the

applicable law proides!

- raise $#estions o% law and

errors o% #risdiction only, except i% it

%alls #nder the exception which warrant

a reiew o% the %acts or the error o% %act

or o% law are so patent, gross, and

pre#dicial as to amo#nt to a grae

ab#se o% discretion!

"ec! 4, 0#le 43 proides

- /ppeal shall be ta2en 1Adays %rom

a! notice o% award,b! #dgment,c! nal order or resol#tiond! %rom the date o% its p#blication, i% p#blication isre$#ired by law,e! %rom the denial o% petitioner.s motion %or new trialor reconsideration!

- only one (1) motion %or reconsideration shall be allowed!

- =o#rt o% /ppeals may grant additional 1Adays periodwithin which to le petition %or reiew #pon payment o%the %#ll amo#nt o% the doc2et %ee be%ore the expiration o%the reglementary period!

- no %#rther extension shall be granted except %or the mostcompelling reason and in no case exceed 1Adays!

"ec! A, 0#le 43 states how appeals are ta2en1) le a eried petition %or reiew in seen (I)

legible copies with the =o#rt o% /ppeals with proo%o% serice o% copy to the aderse party and to theco#rt or agency in $#o!

) +he original copy o% the petition intended %or the=o#rt o% /ppeals shall be indicated as s#ch by thepetitioner!

3) +he petitioner shall pay the cler2 o% co#rt o% the=o#rt o% /ppeals the doc2eting and other law%#l%ees and deposit the s#m o% Php AQQ!QQ %or costs!

exception may be granted by the =o#rt o%/ppeals #pon eried motionsetting %orth alid gro#nds!

- i% the =o#rt o% /ppeals denies the motion, the petitionershall pay the %ees within 1Adays %rom notice o% denial!

"ec! 6! 0#le 43, proides the contents o% petition

a) state the %#ll names o% the parties to the case,

- witho#t impleading the co#rt or agencies eitheras petitioners or respondentsM

b) contains a concise statement o% the %acts andiss#es inoled and gro#nd relied #pon %or thereiew!

c) accompanied by a clear legible d#plicate originaor a certied tr#e copy o% the award, #dgmentnal order or resol#tion appealed %rom, togethewith certied tr#e copies o% s#ch material portiono% the record re%erred to therein and othes#pporting papers!

d) contain a sworn certication against %or#mshopping!

- the petition shall state the specic material dates showingthat it was led within the period xed!

"worn certication against %or#m shopping < states thapetitioner has not commenced any other actioninoling the same iss#es in the "#preme =o#rt, the=o#rt o% /ppeals or o% di9erent diision, or any othertrib#nal or agency!

- i% there is s#ch other action or proceedingpetitioner m#st state the stat#s o% the same!

- i% petitioner therea%ter learn that a similar action orproceeding has been led, or is pending, thepetitioner shall promptly in%orm the co#rts andother trib#nal or agency within Adays!

- the certication sho#ld be exec#ted by the

petitioner himsel%, and not by his co#nsel, and thelatter.s signat#re is not s#cient!

"ec! I, 0#le 43, proides the e9ect o% %ail#re to comply withthe re$#irementsM

- %ail#re to comply shall be s#cient gro#nd %or thedismissal o% the petition!

- s#bstantial compliance with the re$#irements iss#cient!

0eason %or the r#les m#st be so interpreted andapplied as to attain, not de%eat, the #ltimatep#rpose o% all r#les o% proced#re, which is toachiee s#bstantial #stice as expeditio#slyas possible!

"ec! 8, 0#le 43, proides the action on petitionM

- the =o#rt o% /ppeals may

a!) re$#ire the respondent to le a comment on thepetition, not a motion to dismiss within 1Qdays%rom notice, or

b!) dismiss the petition i%

i) it nds the same to be patently witho#tmerit,

ii) prosec#ted mani%estly %or delay, or

iii) that the $#estions raised therein are too#ns#bstantial to re$#ire consideration!

"ec! H, 0#le 43, proides the contents o% commentM

a!) point o#t ins#ciencies or inacc#racies inpetitioner.s statement o% %acts and iss#es

b!) state the reason why the petition sho#ld bedenied or dismissed!

- shall be led within 1Qdays %rom notice in seen (I) legiblecopies and accompanied by clearly legible certied tr#ecopies o% s#ch material portions o% the record re%erred totherein together with other s#pporting papers!

- a copy thereo% shall be sered on the petitioner and proo%o% serice shall be led with the =o#rt o% /ppeals!

"ec! 1Q, 0#le 43, proides d#e co#rseM


18/70

- #pon the ling o% the comments, other pleadings ordoc#ments re$#ired by the =o#rt o% /ppeals or #ponexpiration o% the period %or ling thereo%, the =o#rt o%/ppeals may

a! gie d#e co#rse to the petition i% on the basiso% the petition or the records the co#rt ndsprima %acie that the co#rt or agencyconcerned has committed errors o% %acts orlaw that wo#ld warrant reersal ormodication o% the award, #dgment, nalorder or resol#tion so#ght to be reiewed!

b! otherwise, it shall dismiss the same!

- the ndings o% %act o% the co#rt or agency, when s#pportedby s#bstantial eidence, shall be binding on the =o#rt o%/ppeals!

- i% the co#rt dismiss the petition, it is #s#ally in the %orm o%a min#te resol#tion!

- i% the petition is gien d#e co#rse, the co#rt will render a%#ll-length decision on the merits o% the case!

"#bstantial &idence 0#le < is a limitation #pon the scope o%the #dicial reiew in administratie cases! Cnder thisr#le the co#rts are not s#pposed to reassess the

eidence, determine its preponderance on eitherside, and s#bstit#te its own ndings %or those o% theadministratie agency! /ll that the co#rt does is toin$#ire %rom the record i% the ndings are based ons#bstantial eidence! % so, the ndings are deemedconcl#sie!

&xception to "#bstantial &idence 0#le

1! the %act#al ndings o% the administratie agencyand the initial %act-nding agency are conJictingM

! the ndings are gro#nded entirely on spec#lation,s#rmises, or conect#resM

3! the in%erence made by the $#asi-#dicial agency%rom its nding is mani%estly mista2en, abs#rd, orimpossibleM

4! there is grae ab#se o% discretion in the

appreciation o% %actsMA! administratie agency, in ma2ing its ndings, goes

beyond the iss#es o% the case, and s#ch ndingsare contrary to the admissions o% partiesM

6! the #dgment o% the administratie agency ispremised on a misapprehension o% %actsM

I! the administratie agency %ails to notice certainreleant %acts which, i% considered, will #sti%y adi9erent concl#sionM

8! the ndings o% %acts are themseles conJictingM

H! the ndings are concl#sion witho#t citation o% thespecic eidence on which they are basedM

1Q! the ndings are premised on the absence o%eidence b#t s#ch ndings are contradicted byeidence on record!

+he settled doctrine does not apply when the board or ocialhas gone beyond his stat#tory a#thority, exercised#nconstit#tional powers or clearly acted arbitrarily andwitho#t regard to his d#ty or with grae ab#se o% discetion!

"ec! 11, 0#le 43, proides the transmittal o% recordM

- Within 1Adays %rom notice that the petition has been giend#e co#rse, the =o#rt o% /ppeals may

a! re$#ire the co#rt or agency concerned to transmitthe original or the legible certied tr#e copy o% theentire records o% the proceeding #nder reiewM

b! allow the records transmitted, be abridged byagreement o% all parties to the proceedingM

c! decide the case on merits, witho#t the recordsbeing bro#ght be%ore it, on the basis o% the %actsand admission o% the parties contained in the$#estion decision, petition, comment, replyreoinder, memoranda, etc!

"ec! 1, 0#le 43, proides the e9ect o% appealM

- appeal shall not stay the award, #dgment, nal order orresol#tion so#ght to be reiewed #nless the =o#rt o/ppeals shall direct otherwise #pon s#ch terms as it maydeem #st!

- &xec#tion, pending appeal o% a decision is allowed onlywhere the law so proides!

examples appeal %rom =iil "erice =ommission#nder the /dministratie =odeM and

appeal %rom 'ce o% the President #nderthe 7ocal Doernment =ode!

- the =o#rt o% /ppeals, #pon motion o% the appellant, maystay the exec#tion #pon s#ch terms as it may deem #stli2e iss#ing a stat#s $#o order or writ o% preliminaryin#ction!

"ec! 13, 0#le 43, proides the s#bmission %or decisionM

- i% the petition is gien d#e co#rse, the =o#rt o% /ppealsmay

a! set the case %or oral arg#mentM or

b! re$#ire the parties to s#bmit memoranda within1Adays %rom notice!

- the case shall be deemed s#bmitted %or decision #pon theling o% the last pleading or memorand#m re$#ired bythese 0#les or by the =o#rt o% /ppeals!

- the decision or nal resol#tion o% the =o#rt o% /ppeals isappealable to the "#preme =o#rt by petition %or reiew inaccordance with the 0#le 4A o% the 0eised 0#les o=o#rt!

". #*//0 0R +*R/0R)R, #R057/0, )"4)")4US

"ec! 1, 0#le 6A, proides the petition %or =ertiorariM

=ertiorari < is a speci

Admin Law Consolidated-1

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