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PHILIPPINE ADMINISTRATIVE LAW

Chapter 1
General Considerations
Nature
Adinistrati!e La" 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.
Administrative law is a recent development , being a consequence of the ever increasing
complexities of society and the proliferation of problems of government that cannot readily or
efectively be addressed by the public agencies or solved by other disciplines of public law.
t was felt that thelegislative and judicial departments no longer had either the time or the needed
expertise to attend to these new problems.
!hus, the obvious solution was delegation of power.
!wo major powers of the administrative agency"
#. $uasi-legislative authority or rule ma%ing power
&. $uasi-judicial power or adjudicatory function
Sour#es o$ Adinistrati!e La"
Addministrative law is derived from four sources or is of four '() %inds"
1% Constitution or statutor& ena#tents e.g. *ocial *ecurity Act which established the
*ocial *ecurity +ommission.
'% De#isions o$ #ourts interpretin( the #harters o$ adinistrati!e )odies
*% Rules and re(ulations issued )& the adinistrati!e )odies e.g. ,mnibus -ules
mplementing the .abor +ode.
+% Deterinations and orders o$ the adinistrati!e )odies in the settleent o$
#ontro!ersies
Adinistration
Administration is understood in two senses"
#. institution administration as the aggregate of individuals in whose hands the reins of
government are for the time being.
&. $un#tion administration as the actual running of the government by the executive authorities
through the enforcement of laws and implementation of policies.
/overnment 'as distinguished from administration) is the agency or instrumentality through which
the will of the *tate is formulated, expressed and reali0ed.
Adinistration Distin(uished $ro La"
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La" is impersonal command provided with sanctions to be applied in case of violation, while
Adinistration is preventive rather punitive and is accepted to be more personal than law.
.aw maintains a watchful eye on those who would violate its order. 1hile administration on the
other hand see%s to spare individuals from punishments of the law by persuading him to observe
its commands.
Chapter '
Adinistrati!e A(en#ies
De,nition
Adinistrati!e a(en#& a body endowed with quasi-legislative and quasi-judicial powers for
the purpose of enabling it to carry out the laws entrusted to it for enforcement or execution.
Administrative agency may be regarded as an arm of the legislature insofar as it is authori0e to
promulgate rules. t may also be loosely considered a court because it performs functions of a
particular judicial character, as when it decides factual and sometimes even legal questions as an
incident of its general power of regulation.
Creation and A)olition
!he administrative body may be created by the Constitution or by a Statute.
f created by the +onstitution itself, the administrative body can be altered or abolished only by
+onstitution. 2ut where the body was created only by statute, the legislature that breathed life
into it can amend or even repeal its charter, thereby resulting in its abolition which is justi3ed if
made in good faith.
Chapter *
Po"ers o$ Adinistrati!e A(en#ies
-uasi.Le(islati!e Po"er the authority delegated by the law-ma%ing body to the
administrative body to adopt rules and regulations intended to carry out the provisions of a law
and implement legislative policy.
-uasi./udi#ial Po"er the power of the administrative authorities to ma%e determinations of
facts in the performance of their o4cial duties and to apply the law as they construe it to the facts
so found.
Chapter +
The -uasi.Le(islati!e Po"er
t has already been remar%ed that the rule-ma%ing power of the administrative body is intended to
enable it to implement the policy of the law and to provide for the more efective enforcement of
its provisions.
!hrough the exercise of this power of subordinate legislation, it is possible for the administrative
body to transmit the 5active power of the state from its source to the point of application,6 that is,
apply the law and so ful3ll the mandate of the legislature.
0inds o$ Adinistrati!e Re(ulations
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'a) Le(islati!e 1 the administrative agency is acting in a legislative capacity, supplementing the
statute, 3lling in the details, or 5ma%ing the law6, and usually acting pursuant to a speci3c
delegation of legislative power.
'b) Interpretati!e are those which purport to do no more than interpret the statute being
administered, to say what it means. !hey constitute the administrator7s construction of a statute.
!he interpretative regulation is issued by the administrative body as an incident to its power to
enforce the law and is intended merely to clarify its provisions for proper observance by the
people.
t is an elementary rule in administrative law that adinistrati!e re(ulations and poli#ies
ena#ted )& adinistrati!e )odies to interpret "hi#h the& are entrusted to en$or#e, have
the force of law, are entitled to great respect, and have in their favor a presumpption of legality.
2y contrast, the le(islati!e re(ulation is issued )& the adinistrati!e )od& pursuant to a
!alid dele(ation o$ le(islati!e po"er and is intended to ha!e the )indin( the $or#e and
e2e#t o$ a la" ena#ted )& the le(islature itsel$.
Classi,#ation o$ Le(islati!e Re(ulation
'a) Suppleentar& 1 intended to 3ll in the details of the law and 5to ma%e explicit what is only
general.6
'b) Contin(ent 1 issued upon the happening of a certain contingency which the administrative
body is given the discretion to determine or to ascertain some circumstances and on the basis
thereof may enforce or suspend the operation of a law.
Re3uisites o$ Adinistrati!e Re(ulation
'a) ts promulgation must be authori0ed by the legislature8
'b) t must be within the scope of the authority given by the legislature8
'c) t must be promulgated in accordance with the prescribed procedure8
'd) t must be reasonable.
4irst Re3uisite5 Proul(ation Must 6e Authori7ed )& the Le(islature
Authority to promulgate the regulation is usually conferred by the +harter itself of the
administrative body or by the law it is supposed to enforce.
1hen +ongress authori0es promulgation of administrative rules and regulations to implement
given legislation, all that is required is that the regulation be not in contravention with it, but to
conform to the standards that the law prescribes.
Se#ond Re3uisite5 Re(ulation Must 6e Within the S#ope o$ the Authorit& Gi!en )& the
Le(islature
Assuming a valid authori0ation, it is still necessary that the regulation promulgated must not be
ultra vires or beyond the authority conferred.
Third Re3uisite5 Re(ulation Must 6e Proul(ated in A##ordan#e "ith the Pres#ri)ed
Pro#edure
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As in the enactment of laws, the promulgation of administrative regulations of general application
does not require previous notice and hearing, the only exception being where the legislature itself
requires it . n the absence of such a requirement, the administrative body can promulgate the
regulation in its exclusive discretion.
2ut where the regulation is in efect a settlement of a controversy between speci3c parties, it is
considered an administrative adjudication and so will require notice and hearing.
As for publication, the applicable rule is now found in 9xecutive ,rder :o. &;; which provides that
laws 5shall ta%e efect after 3fteen '#<) days following the completion of their publication either in
the ,4cial /a0ette or in a newspaper of general circulation in the =hilippines, unless it is
otherwise provided.6
nterpretative regulations and those merely internal in nature, that is, regulating only the
personnel of the administrative agency and not the public, need not be published.
=ublication must be in full or it is no publication at all since its purpose is to inform the public of
the contents of the law.
!he *upreme +ourt, it would seem, requires publication of the administrative regulation only if it is
of general application and penal in nature.
4ourth Re3uisite5 Re(ulation Must 6e Reasona)le
.i%e statutes, administrative regulations promulgated thereunder must not be unreasonable or
arbitrary as to violate due process.
Penal Re(ulations
!he power to de3ne and punish crime is exclusively legislative and may not be delegated to the
administrative authorities. 1hile administrative regulations may have the force and efect of law,
their violation cannot give rise to criminal prosecution unless the legislature ma%es such violation
punishable and imposes the corresponding sanctions.
Special requisites of a valid administrative regulation with a penal sanction:
'a) !he law itself must ma%e violation of the administrative regulation punishable8
'b) !he law itself must impose and specify the penalty for the violation of the regulation8
'c) !he regulation must be published.
Constru#tion and Interpretation
-egulation should be read in harmony with the statute and not in violation of the authority
conferred on the administrative authorities.
!he administrative regulation that contravenes the statute is, of course, invalid.
En$or#eent
t is established that the power to promulgate administrative regulations carries with it the implied
power to enforce them. !his may be efected through judicial action or through sanctions that the
statute itself may allow the administrative body to impose.
Aendent or Repeal
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.i%e the statute, the administrative regulation promulgated thereunder is subject to amendment
or repeal by the authorities that promulgated them in the 3rst place. ,f course, it may be
changed directly by the legislature.
Chapter 8
The -uasi./udi#ial Po"er
-uasi.9udi#ial po"er 1 is 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.
!he proper exercise of the quasi-judicial power requires compliance with two conditions, to wit"
'#) >urisdiction must be properly acquired by the administrative body
'&) ?ue process must be observed in the conduct of the proceedings
A% /urisdi#tion
Jurisdiction 1 may be simply de3ned as the competence of an o4ce or body to act on a given
matter or decide a certain question.
1ithout jurisdiction, the determination made by the administrative bodies are absolutely null and
without any legal efect whatsoever.
t is the legislature that has the power to confer jurisdiction upon the administrative body and so
limit or expand its authority.
t can be said that each administrative body has its own peculiar jurisdiction as conferred upon it
by the speci3c provisions of its charter.
!he law may allow some administrative bodies to award certain %inds of damages while denying
the same power, for no apparent reason, to other administrative bodies.
@or example, the *9+ and :.-+ are allowed to award damages virtually to the same extent as a
court of justice. Aet similar authority has not been conferred by its charter to :!+.
t is a well-settled principle that unless expressly empowered, administrative agencies are bereft
of quasi-judicial power.
1. Rules of Procedure
1here an administrative body is expressly granted the power of adjudication, it is deemed also
vested with the implied power to precribe the rules to be observed in the conduct of its
proceedings.
2ut to be valid, the rules must not violate fundamental rights or encroach upon constitutional
prerogatives.
2. The Subpoena Power
!he power to issue subpoena and subpoena duces tecum is not inherent in administrative bodies.
t is settled that administrative 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
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authori0ed to investigate. Bnless otherwise provided by law, the agency may, in case of
disobedience, invo%e the aid or -egional !rial +ourt within whose jurisdiction the contested case
falls. !he +ourt may punish customacy or refusal as contempt.
!he *upreme +ourt distinguished between the power to 5investigate6 and the power to
5adjudicate"6
5!he purpose of investigation, of course, is to discover, to 3nnd out, to learn, obtain information.
:owhere included or intimated is the notion of settling, deciding or resolving a controversy involve
in the facts inquired into by application of the law x x.
n the legal sense, 5adjudicate6 means to settle in the exercise of judicial authority x x. 5Adjudge6
x x implies a judicial determination of a fact, and the entry of judgment.6
. The !ontempt Power
.i%e the subpoena power, the power to punish for contempt is essentially judicial and cannot be
claimed as an inherent right by the administrative body.
!o 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, say, a subpoena of the administrative body is disregarded, the person
summoned may not be directly discipline by that body. !he proper remedy id for the
administrative body to see% assistance of the courts of justice for the enforcement of its order.
!he power to hold in contempt must be exercised not on the vindictive, but on the preservative
principle.
6% Noti#e and Hearin(
!he right to notice and hearing is essential to due process and its non-observance will as a rule
invalidate the administrative proceedings. =ersons are entitled to be noti3ed of any pending case
afecting their interests so that, if they are minded, they may claim the right to appear therein
and present their side or refute the position of opposing parties.
:evertheless, there are instances when notice and hearing can validly be omitted. Among the
justi3cations for such omissions are the urgency of immediate action 'which does not preclude
the enjoyment of the right at a later time without prejudice to the person afected) and the fact
that the right had previously been ofered but not claimed.
1. "dministrative #ue Process
1hile administrative determinations of contested case are by their nature judicial, there is no
requirement for strict adherence to technical rules as are observed in truly judicial proceedings.
t is a general rule that they are unrestricted by the technical or formal rules of procedure which
govern trials before a court. !his rule is applied to questions of evidence, pleading and other
matters.
:evertheless, it is essential that due process must be observed, for the requirements of fair play
are not applicable to judicial proceedings only.
+ardinal rights or principles to be observed in administrative proceedings"
a. the 3rst of these rights is the right to a hearing8
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b. the tribunal must consider the evidence presented8
c. the tribunal must have something to support its decision8
d. evidence must be substantial evidence relevant evidence that a reasonable mind
may accept as adequate to support a conclusion
e. the decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties8
f. the court must act on its or their own independent consideration of the law and facts
of controversy, and not simply accept the views of a subordinate in arriving at a decision8
g. the court should render its decision in such a manner that the parties to the
proceeding can %now the various issues involved, and the reasons for the decisions
rendered
t is basic to due process that the tribunal considering the administrative question be impartial, to
ensure a fair decision.
!he law does not require another notice and hearing for a review of the decision of the board.
n C.@. Diolago ,iler !an% !ruc%s vs. :.-+, there was no denial of due process where the
petitioners received notice of the scheduled investigation the day before said date of the hearing
or investigation but failed to present evidence. ,n the other hand, there was clearly such a
denial where it appears that a decision rendered against a person who was not a party to or even
noti3ed of the proceedings ta%en before a labor arbiter.
C% Adinistrati!e Appeals and re!ie"
Bnless otherwise provided by law or executive order, an appeal from a 3nal decision of the
administrative agency may be ta%en to the department head, whose decision may further be
brought to the regular courts of justice, in accordance with the procedure speci3ed by law.
D% En$or#eent o$ De#ision
n 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.
Bsually, however, the administrative body is allowed certain sanctions that it may impose directly
for the enforcement of its own decisions, i.e. revocation of or refusal to renew licenses,
destruction of unlawful articles, summary closure of stores, refusal to grant clearances, issuance
of cease and desist orders, detention and deportation of aliens, and imposition of 3nes.
*igni3cantly, many administrative bodies, such as the *9+ and the :.-+, have been vested with
authority to grant provisional reliefs, such as writs of preliminary attachment or injunction,
intended to ensure the enforcement of their adjudications.
t is established that administrative agencies who have not been conferred the power to enforce
their quasi-judicial decisions may invo%e court action for the purpose.
E% Res /udi#ata
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!he general rule is that an administrative decision is not considered res judicata so as to preclude
its subsequent reconsideration or revocation. ?ecisions of the previous incumbents of the
administrative body may be modi3ed or reversed by their successors in the exercise of their own
powers of adjudication.
1here the administrative decision has been a4rmed by a court decision, the doctrine of res
judicata is applicable. !he efect of res judicata attaches to the judgment of the reviewing court
rather than to the administrative judgment.
!his rule has however been modi3ed in this jurisdiction.
t is now well-settled in our jurisprudence that the decisions and orders of administrative agencies,
rendered pursuant to their quasi-judicial authority, have upon their 3nality, the force and binding
efect of a 3nal judgment within the purview of the doctrine of res judicata.
!his principle is, however, not applicable to all administrative proceedings, such proceedings that
are non-litigious and summary in nature without regard to legal technicalities obtaining in courts
of law.
Chapter :
/udi#ial Re!ie"
General Rules
An administrative decision may be appealed to the courts of justice only if the +onstitution or the
law permits it or if the question to be reviewed is a question of law.
Eowever, jurisprudence is replete with cases where the *upreme +ourt has applied the
exceptions rather than the rule.
n the case of the constitutional commission, i.e., the +ommission on 9lections, the +ommission on
Audit, and the +ivil *ervice +ommission, it is provided that 5any decision order or ruling of each
+ommission may be brought to the *upreme +ourt on certiorari by the aggrieved party within F;
days from receipt of a copy thereof.6
,n the basis of *ec. #G of the nterim -ules and /uideline implementing *ec. H 'F) of 2= 2lg. #&H,
the +ourt of Appeals may 5review 3nal decisions, orders, awards or resolutions or regional trial
courts and of all quasi-judicial bodies, except the +ommission on 9lections, the +ommission on
Audit, the *andiganbayan, and decisions issued under the .abor +ode of the =hilippines and by
the +entral 2oard of Assessment Appeals.6
,ther appeals are prescribed by special laws, such as -A :o. ##&<, providing for appeal to the
+ourt of !ax Appeals of any decision rendered by the +ommissioner of nternal -evenue, the
+ommissioner of +ustoms, or any provincial or city board of assessment appeals.
Methods o$ re!ie"
!he methods of judicial review are prescribed by the +onstitution, statutes or the -ules of the
+ourt. !hese methods may be speci3c or general.
t is provided in -A :o. <(F( that an appeal from a 3nal award, order or decisions of the =atent
,4ce shall be ta%en by 3ling with said body and with the +ourt of Appeals a notice of appeal
within #< days from notice of such award, order or ruling, copies being served on all interested
parties.
!he Administrative +ode generally provides that an appeal from an agency decision shall be
perfected by 3ling with the agency within #< days from receipt of a copy thereof a notice of
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appeal, and with the reviewing court a petition for review of the order. +opies of the petition shall
be served upon the agency and all parties of record.
!he petition shall contain a concise statement of the issues involved and the grounds relied upon
for the review, and shall be accompanied with a true copy of the order appealed from, together
with copies of such material portions of the records as are referred to therein and other supporting
papers.
!he *upreme +ourt instructed certain universally accepted axioms governing judicial review
through the extraordinary actions of certiorari or prohibition of determinations of administrative
o4cers or agencies"
@irst, before said actions may be entertained, it must be shown that all the administrative
remedies prescribed by law or ordinance have been exhausted8 and,
*econd, that the administrative decision may properly be annulled or set aside only upon a clear
showing that the administrative o4cial or tribunal has acted without or in excess of jurisdiction, or
with a grave abuse of discretion.
Do#trine o$ Priar& /urisdi#tion or Prior Resort
!here are two doctrines that must be considered in connection with the judicial review of
administrative decisions"'#) doctrine of primary jurisdiction or prior resort8 and '&) the doctrine of
exhaustion of administrative remedies.
!he do#trine o$ priar& 9urisdi#tion simpl$ calls for the determination of administrative
questions% which ordinaril$ questions of fact% b$ administrative agencies rather courts
of &ustice.
f the case is such that its determination requires the expertise, speciali0ed s%ills and %nowledge
of the proper administrative bodies because technical matters or intricate questions of facts are
involved, then relief must 3rst be obtained in an administrative proceeding before a remedy will
be supplied by the courts even though the matter is within the proper jurisdiction of the court
Do#trine o$ E;haustion o$ Adinistrati!e Reedies
Bnder the do#trine o$ e;haustion o$ adinistrati!e reedies, an administrative decision
must 'rst be appealed to the administrative superior up to the highest level before it
ma$ be elevated to a court of &ustice for review.
A% Reasons
'#) !he administrative superiors, if given the opportunity, can correct the errors committed by
their subordinates8
'&) +ourts should as much as possible refrain from disturbing the 3ndings of administrative
bodies in deference to the doctrine of separation of powers8
'F) ,n practical grounds, it is best that the courts should not be saddled with the review of
administrative cases8
'() >udicial review of administrative cases is usually efected through the special civil actions of
certiorari, mandamus and prohibition, which are available only if there is no other plain,
speedy and adequate remedy.
6% E;#eptions
'#) 1hen the question raised is purely legal 'question of law is involved)8
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'&) 1hen the administrative body is estoppel8
'F) 1hen the act complained of is patently illegal8
'() 1hen there is urgent need for judicial intervention8
'<) 1hen the claim involved is small8
'G) 1hen irreparable damage will be sufered8
'I) 1hen there is no other plain, speedy and adequate remedy8
'J) 1hen strong public interest is involved8
'H) 1hen the subject of the controversy is private land8
'#;) n quo warranto proceedings
C% Appeal to the President
,f special interest is the question of whether or not a decision of the cabinet member has to be
appealed 3rst to the =resident before it may be brought to a court of justice. >urisprudence on this
matter is rather indecisive.
n the early case of demaisip vs. +ourt of Appeals, the +ourt held that appeal to the =resident was
not necessary because the +abinet member was after all his alter ego and, under the doctrine of
quali3ed political agency, the acts of the secretary were the acts of the =resident.
!his view was abandoned in +alo vs. @uertes, where it was held that appeal to the =resident was
the 3nal step in the administrative process and therefore a condition precedent to appeal to the
courts.
n 2artulata vs. =eralta, however, the court reinstated the ?emaisip doctrine, again on the basis
of alter ego justi3cation.
!an vs. ?irector of @orestry, thereafter revived +alo andagain required appeal to the =resident as a
prerequisite to an appeal of a +abinet member7s decision to the courts of >ustice.
D% E2e#t o$ Non.#oplian#e
!he failure to exhaust administrative remedies does not afect the jurisdiction of the court and
merely results in the lac% of a cause of action which may be invo%ed in a motion to dismiss.
f this ground to dismiss the court action is not properly or reasonably invo%ed, the court may
proceed to hear the case.
As previously noted, the court has the discretion to require the observance of the doctrine of
exhaustion of administrative remedies and may, if it sees 3t, dispense with it and proceed with the
disposition of the case.
-uestions Re!ie"a)le
!wo %inds of questions are reviewable by the courts of justice, to wit" the question of fact and
the question of law.
,n the 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 3t.
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2ut when it comes to the question of law, the administrative decision may be appealed to the
courts of justice independently of legislative permission or even against legislative prohibition.
!he reason is that the judiciary cannot be deprived of its inherent power to review all decisions on
questions of law, whether made initially by lower courts and more so by an administrative body.
A% -uestions o$ $a#t
9ven if allowed to review administrative decisions on questions of fact, courts of justice generally
defer to such decisions and will decline to disturb them except only where there is a clear showing
of arbitrariness or grave abuse of discretion.
!he *upreme +ourt ruled in ,sias Academy vs. ?,.9 that ('ndings of administrative
agencies which have acquired e)pertise because their &urisdiction is con'ned to
speci'c matters are generall$ accorded not onl$ respect but 'nalit$.*
6% -uestions o$ La"
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.
Eowever as a rule, it is onl$ the &udicial tribunal that can interpret and decide the
question of law with 'nalit$.

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