ADMINISTRATIVE LAW

The law which provides for:

1.

the protection of rights related to the nature of administrative power,and

2.

the mode of exercising administrative power,

3.

including the relief afforded against administrative actions.

This law refers to the law which controls, or is intended to control, the
administrative operations of government and covers both internal and external
aspects of the executive branch
SCOPE OF ADMINISTRATIVE LAW:
1.

Laws or statutes

2.

Doctrines and decisions

3.

Rules, regulations and orders

RULE IN CASE OF CONFLICTS:

1.

The 1987 Administrative Code did not entirely repeal or modify the revised
Administrative Code, only those which are inconsistent with the Code.
both are general laws, and as a rule, special laws prevail over general laws

2.

A general law must give way to special laws on the same subject.

ADMINISTRATIVE BODY
1.

Composed of persons deemed experts in a particular field

2.

In exercise of their judicial powers, they are given more discretion and laxity as to
technical procedures

3.

Created from laws

JUDICIAL BODY

1.
2.
3.
4.
5.

Tribunal open to all and presided by a judge

Only function is to adjudicate
Independent from the executive department
Bound by rules and procedures
Created by the Constitution.

ADMINISTRATIVE FRAMEWORK
(as provided by 1987 administrative Code)
1.

GOVERNMENT
The corporate governmental entity through which the functions of the
government are exercised.

2.

GOVERNMENT AGENCIES AND INSTRUMENTALITIES

1.

This refers to entities created by law as a means by which certain

government acts or function are performed.

2.

They have an authority or a governmental power delegated through a law

or charter for the purpose of performing a state function.

3.

This entity includes the various arms through which the political authority
is made effective.

AGENCY
This refers to any of the units of the Government. (Departments, bureau, office,
instrumentality, LGU and GOCC.)
INSTRUMENTALITY
Any agency of the National Government which:
1.

is not integrated within the departmental framework,

2.

vested with special functions or jurisdiction by law,

3.

granted with corporate powers

4.

administers special funds

5.

enjoys operational autonomy as provided through a charter.

Includes regulatory agencies, institute and GOCC

SOURCES OF CREATION OF ADMINISTRATIVE LAWS:

1.

Constitution

2.

Legislative Acts

3.

By operation or implication from the law itself

DOCTRINE OF CONSTITUTIONAL SUPREMACY

If a law or contract violates any norm of the constitution, that law or contract, whether
promulgated by the legislative or by the executive branch or entered into by private
persons for private purposes, is null and void and without any force and effect since the
Constitution is the fundamental, paramount and supreme law of the nation, it is deemed
written in every statute and contract.
DOCTRINE OF SEPARATION OF POWERS
1.

The division of the powers of the government into 3 branches of the government,
which are the Legislative Department, Executive Department, and the Judicial
Department.

2.

The Legislative Department is generally limited to the enactment of the law and
not to implementation or interpretation of the same

3.

The Executive Department is generally limited to the implementation of the law

and not to the enactment or interpretation of the same; and

4.

The Judicial Department is generally limited to the interpretation and application

of laws in specific cases and not to the making or implementation of the same.

DOCTRINE OF BLENDING OF POWERS

A strict observance to the separation of powers within the government branches
is disregarded.
In such cases, the Legislative and Judicial branches of government delegates to
the Executive Branch certain powers necessary for a faster and more efficient
enforcement of the laws which the latter is tasked to enforce.

KINDS OF AGENCY AND INSTRUMENTALITIES:

1.

They may be incorporated or non-incorporated

A.

Incorporated agencies or instrumentalities

They are vested by law with a juridical personality separate and distinct from that
of the Republic.
Their lifetime is contained in their charter and if not expressed, in accordance
with provisions of the Corporate Code.
NAPOCOR, PPA,NHA,PNOC
B.

Non-incorporated agencies and instrumentalities

They do not have a separate juridical personality and their corporate powers are
limited by virtue of a law.
Upon expiration of their term or lifetime as provided for in the law, their powers,
duties and functions, assets and liabilities are reverted back to the Republic,
unless there is a stipulation to the contrary.
Sugar Regulatory Administration is attached to the Off of the President
NTC is attached to the DOTC
2.

Chartered Institution
Any agency organized or operating under a specific charter. They are vested by
law with functions related to specific constitutional policies or objectives.
State universities and colleges, Monetary authority of the state.

ADMINISTRATION
This refers to the public officers and employees who perform duties and powers
in the government.
This includes all persons who is tasked with the duties and powers necessary to
the operations of the government.

CREATION AND ABOLITION OF AGENCIES

PUBLIC OFFICE

This refers to the right, authority and duty created and conferred by law to a
person, for a specific period of time, either as fixed by law or at the pleasure of
the appointing power, which provides him with some sovereign functions of
government which he is required to exercise for the benefit of the public.
Public office refers to either a functional unit of government or a position held by
an individual.
a.

b.

ADMINISTRATIVE PUBLIC OFFICES CREATED BY THE CONSTITUTION:

1.

President, as chief administrative officer

2.

ConComm (COMELEC.COA and Civil Service Commission)

3.

Office of the Ombudsman

4.

NEDA

5.

CHR

6.

National Police Commission

The creation of a public office is a legislative function, except for those created by
the Constitution. All others not established by the Constitution are created by
virtue of statutes enacted by Congress, either expressly or impliedly.
Congress may prescribe the mode of filling the office, its powers and duties and
the abolition of such offices.

POWER TO REORGANIZE
This includes the power to create or abolish public offices.
The power to create and abolish may be delegated to the President or an
executive officer (Authorized reorganization)
REORGANIZATION
The process of restructuring the organization and functional set-up for the
purpose of making it more viable, efficient and effective to the needs of the
public.
This is the means used to reorganize or abolish offices, which is made through a
law directly or indirectly, by authorizing an executive department or agency to
reorganize its office.
This power applies to all offices, including the judicial courts, with the exception
only of those offices provided for in the Constitution.

CHAPTER 2
POWERS OF ADMINISTRATIVE AGENCIES
Public officials possesses powers and not rights. There must be a grant of
authority, whether expressed or implied, to justify any action taken by them. In
the absence of a grant, their actions are deemed invalid and may therefore be
set aside.
Its officials are agents entrusted with the responsibility of discharging the
functions of the office. There is no presumption that they are empowered to
conduct such act. There must be a delegation of authority, and in the absence of
a valid grant, they are not authorised to exercise such power.
DOCTINE OF SEPARATION OF POWERS
The delegation of legislative and judicial functions to other branches is generally
prohibited for the purpose of enforcing the system of check and balance within
the different government branches.
However, the delegation of greater powers by the legislative branch and the
vesting of a larger amount of discretion to administrative and executive agencies
are allowed for the purpose of execution of the laws, which includes the powers
to promulgate their own rules and regulations and the adjudication of claims and
disputes related to the function of their office.
POWERS GRANTED TO ADMINISTRATIVE AGENCIES:
1.

Administrative Powers

2.

Quasi-legislative powers
Administrative agencies are enabled to promulgate rules and regulations
pertaining to their functions

3.

Quasi-judicial powers
Administrative agencies are enabled to interpret and apply the rules and
regulations which they promulgated.

GRANT OF JURISDICTION
The jurisdiction to hear and decide cases, as well as the power to adjudicate,
may be conferred only by the Constitution or statute.
The jurisdiction to try an action carries with it all the incidental powers to employ
their decision and make it effective and enforceable. Unless provided otherwise

by the law, a quasi-judicial body has the power to issue a writ of execution for the
execution of its decision.
The exercise of jurisdiction or quasi-judicial powers requires that there must be a
rule of procedure which must be followed. The rules must provide a reasonable
method to carry out its functions.
NOTES:
1.

The powers granted to the agencies, with the exception of constitutional

agencies and officials, may be expressed or may be implied.
EXPRESS POWERS
The powers granted to an administrative agency or official must be expressly
stated in the law which they were created before such power may be exercised.
IMPLIED POWERS
The implied powers refer to the wording of the law , or those which are
incidentally necessary or those necessarily implied to implement the legislative
intent.

2.

Their powers may also be discretionary or ministerial

DISCRETIONARY POWERS
A power or duty provided by law wherein the public official is given the right to
decide how or when the duty is to be performed.
Discretion means sound discretion which must not be exercised arbitrarily or
willfully, but should be used to uphold principle of equity and what is right.
A petition for certiorari is the remedy provided there was grave abuse of
discretion amounting to lack of jurisdiction on the part of the official or agency.
A discretion entrusted to a public official may not be delegated, except if he has
also been given the power to substitute.

MINISTERIAL POWERS
A duty or power which is so clear and specific that it leaves no room for the
exercise of discretion in its performance.

No official discretion or judgment is required by such function.

Mandamus is the proper remedy to compel performance.
3.

It may also be mandatory or directory

The power, as to whether mandatory or directory, depends upon the kind of
statute which grants such powers.
Words of permissive character may be given a mandatory effect when the terms
of the law or statute are such that they cannot be made effective.
On the other hand, a statute or law which is mandatory in nature may be
deemed to be directory whenever the legislative intent, by its words, cannot be
carried out by such construction.
TEST TO DETERMINE WHETHER IT IS MANDATORY OR DIRECTORY
If no substantial right depends on it, or no injury can result from ignoring it, and if
the intent can be achieved by other means other than what is prescribed, the it is
directory.
MANDATORY POWERS
It requires that something be done or performed in a particular way, or
something should not be done. There is no choice left but to obey.
In such cases, the court or quasi-judicial courts does not have the power to
distinguish the material from the immaterial breach or omission, otherwise they
may be sanction or their order declared null.
DIRECTORY POWERS
This is permissive or discretionary in nature. The law merely outlines the act to
be done in such a way that no injury can result from ignoring it, or that its
purpose may be achieved in any manner other than what was prescribed.
It confers discretion upon the person to act according to the dictates of his own
judgment. Non-compliance or violation of such powers or authority does not
vitiate the proceedings taken therein.

CONCEPTS:
1.

DOCTRINE OF STATE IMMUNITY

GOVERNMENT NOT BOUND BY ERRORS OF PUBLIC OFFICERS

Mistakes of government officials in the performance of their functions or duties

shall not affect public interest.
Unauthorized acts of the officials are not deemed acts of the state.

2.

a.

Unauthorised acts, acts made beyond the scope of his authority and
unlawful acts are not deemed errors of the state.

b.

In such cases, only the official is liable thereof and he cannot invoke
immunity of the state as a defense against his personal liability.

GOVERNMENT IS NOT ESTOPPED FROM THE MISTAKES OF THEIR

OFFICERS
The erroneous application and enforcement of the law by the public officers do
not prevent a subsequent actions by the state or the government to correct
application of the statute.
The government cannot be estopped by the mistake or error made by its agent,
and any person acquires no vested right on the grounds of such mistake or error.

3.

PRESUMPTION OF REGULARITY
Government officials are presumed to perform their functions with regularity and
strong evidence is required to attack this presumption.
Acts made by public officials are protected by the presumption of good faith, and
any mistake or error committed by such officers are not actionable unless there is
evidence showing their actions were motivated by malice or gross negligence
amounting to bad faith.
This legal presumption is particularly strong in agencies vested with quasi-judicial
functions or powers.

CHAPTER 3
POWER OF CONTROL, SUPERVISION AND INVESTIGATION

The President and executive and administrative agencies are granted or conferred
powers and functions by the Constitution and by statutes to enforce laws and carry out
governmental functions.
POWERS OF THE PRESIDENT:
1.

THE POWER OF CONTROL

means the power to alter, modify, nullify or set aside what a subordinate officer
had done in the performance of their functions

2.

THE POWER OF SUPERVISION

means the power or authority to oversee or to see that their subordinates perform
their duties, and in case of non-performance, the secretary may take actions or
steps, as prescribed by law, to make them perform.

3.

THE POWER OF REVIEW

means the reconsideration or re-examination for purposes of correction

4.

THE POWER OF INVESTIGATION

This refers to the powers of investigation and the powers of investigation
and prosecution granted to the President by law and the constitution

1.

ADMINISTRATIVE AND EXECUTIVE POWERS OR POWER OF CONTROL

a.

ADMINISTRATIVE POWERS
He is the Chief Administrative Officer of the government, and therefore
holds all administrative powers inherent in such position.

b.

EXECUTIVE POWERS
These powers are inherent and necessary to carry out his functions.

1.

THE POWER OF CONTROL

This power also covers:

1.

To act in lieu of such officers

2.

To detail or transfer an executive officer, without approval from any

executive officer, so long as there is no decrease in rank or salary
and it is not considered a disciplinary action.

2.

The power to execute or enforce the laws

3.

The power as commander-in-chief

4.

The appointing power

There is a blending of powers in this case as such power is
not reserved for the President alone (such as COA)

5.

The power to grant reprieves, communications and pardon

6.

The power to grant amnesty with concurrence from Congress

7.

The power to contract and guarantee foreign loans

8.

The power to enter into treaties or international agreements

9.

The power to submit budget to Congress

10.

The power to address Congress

ACTS OF CONTROL UNDER '87 ADMIN CODE:

1.

Authority to act directly whenever the function is entrusted by law to a

subordinate.

2.

Authority to direct the performance, or to restrain the commission, of an act.

3.

Authority to review, approve, reverse, modify or set aside decision made by

subordinates

4.

Authority to determine priorities in the execution of plans and programs

5.

Authority to prescribe standards, guidelines, plans and programs

DOCTRINE OF QUALIFIED POLITICAL AGENCY OR ALTER EGO DOCTRINE

All executive and administrative organizations are deemed to be an adjunct or an

extension of the Executive Department and all executive and administrative
heads are deemed to be agents and assistants to the Chief Executive.
Except in cases where the law or the Constitution requires the Chief Executive to
act in person or there is demand for him to act personally, the executive and
administrative functions are performed by the agencies and its officers and such
acts, unless disapproved, are deemed to be the acts of the Chief Executive.
BY AUTHORITY OF THE PRESIDENT
In cases where the Executive Secretary or his Deputy, or any cabinet secretary
acts and signs "by authority of the President"', he is deemed to have acted not for
himself but for the President.
Such acts are presumed to be valid and performed in behalf of the President and
must therefore be accorded with due respect.
These acts remain valid unless disapproved or reprobated by the President.
These acts are also not subject to review by the courts except if the action was
made with grave abuse of discretion amounting to lack or excess of jurisdiction.
The executive secretary or cabinet secretaries who acts by authority of the
President can modify, alter or set aside actions or rulings of a department
secretary.
SUMMARY OF POWER OF CONTROL:
1.

To directly assume the functions of the administrative or executive officers

2.

To interfere in the exercise of discretion by such officials

3.

To alter, modify or set aside decisions or actions made by these officials

4.

To review, modify or alter erroneous rules and regulations, interpretations and

application of such rules.

5.

To replace, suspend or remove officials who serve at his pleasure, without due
process

LIMITS OF THE POWER OF CONTROL OF THE PRESIDENT

1.

The abolition or creation of an executive office

2.

2.

The suspension or removal of a career government personnel without due

process of law

3.

The setting aside, modification or supplanting of the decisions made by

quasi- judicial agencies that has become final.

SUPERVISORY POWERS OF THE PRESIDENT

Supervisory powers refers to the power of the president to oversee the
performance of public officials in their duties. In cases where there is no
performance on the part of the official, the supervisory powers extends to the
point wherein the President may take steps or actions to compel them to perform
their duties.
1.

This power cannot amend or annul a decision made by a subordinate

2.

LOCAL GOVERNMENT UNITS

The President exercises only general supervision over the LGUs. he may
approve or disapprove a decision, but he cannot amend , alter or set aside
such decisions.

ACTS OF SUPERVION ONLY:

1.

To generally oversee the operations of such agencies and insure the effective
management, without interfering with daily operations

2.

To require submission of reports on management audits, performance

evaluation, compliance of policies and guidelines

3.

To take such actions as necessary for the proper performance of functions, such
as rectification of violations, abuses and mal-administration.

4.

To review and pass upon the budget proposal of the agency or department. He
may not add or increase the budget.

3.

THE POWER OF REVIEW

means the reconsideration or re-examination for purposes of correction.

This power is exercised for the purpose of determining whatever is necessary to

correct the acts of a subordinate.
If correction is necessary, such review can only be made by:
1.

the person exercising control over a subordinate or

2.

through the courts.

Correction is not necessary in cases where the subordinate corrects himself

motu proprio after his error was brought to his attention.
ATTACHMENT
This refers to the lateral relationship between departments or its equivalent. Such
attachment was made for the purpose of policy and program coordination.

4.

POWER OF INVESTIGATION
1.

This refers to the powers of investigation and the powers of investigation

and prosecution granted to the President by law and the constitution.

2.

KINDS OF INVESTIGATION POWER

1.

Investigation only
a.

Gather data and information for evidence purposes only

b.

May only recommend filing of cases

(Human Rights Commission)

2.

Investigatory powers for prosecution purposes

(Prosecutor's Office, COMELEC and Ombudsman)

3.

NOTICE AND HEARING

A requirement of due process is notice and hearing.

If the law expressly provides that due process be accorded to the person
investigated, then the right to due process is essential, it cannot be denied nor
ignored.

If the law is silent as to compliance with due process, a determination must be

made as to whether the absence of due process may affect or that there may be
consequences as a result of the outcome of the investigation.
His investigative power emanates from:
1.

his power of supervision and control over all executive offices and
departments,

2.

his power of supervision over the LGU,

3.

his appointment powers,

4.

his powers delegated by congress and

5.

the Constitution.

Purpose of an executive investigation:

1.

administrative functions

2.

rule-making functions

3.

adjudication functions

4.

obtain information for purpose of a future action

PRESIDENTIAL AGENCY
The President has the power to create a Presidential Agency tasked to conduct
an investigation on a specific fact-finding activities.
This power includes the authority to :
1.

Summon witnesses by subpoena

2.

Subpoena duces tecum or production of documents and tangible items

3.

administer oaths

4.

take testimonies or evidence

REQUISITES FOR ENFORCEMENT OF A SUBPOENA IN AN INQUIRY:

1.

The inquiry is within the authority of the agency

2.

The demand is not too indefinite

3.

the information is reasonably relevant

INVESTIGATIVE POWERS AS AN INCIDENT TO THE MAIN FUNCTION

Most of the agencies which have executive, quasi-judicial and quasi-legislative
powers granted to them also have the investigatory powers as an incident to
make the exercise of their powers effective.
Investigation is indispensible to prosecution.
The investigatory or inquisitive power allows them to:
1.

inspect records and premises

2.

investigate activities of persons or entities under their jurisdiction

3.

require disclosure if information through accounts and records, testimony

and production of documents.

In the cases where their investigation involves the gathering of facts to be used
as the basis of an administrative charge against a public official, the officials not
entitled to be informed of the findings and the recommendations.
The official is only entitled to be informed of the charge against him, as well as to
the right to a hearing and opportunity to be heard.
INVESTIGATIVE POWERS AS A MAIN FUNCTION
This refers to an agency or an investigative body whose sole power is
investigation. Their function is limited to investigating facts and making
recommendations or findings.
It merely refers its findings and recommendations to another agency who has the
power to adjudicate.
It has no judicial or quasi-judicial powers and cannot grant relief.
It cannot determine probable cause.
(Commission on human rights, NBI)

TEST TO DETERMINE IF AGENCY HAS INVESTIGATORY FUNCTIONS ONLY OR

BOTH INVESTIGATORY AND JUDICIAL FUNCTIONS:
If the purpose of the investigation is merely to evaluate evidence submitted, and
no pronouncement or judgment is rendered, then the agency does not have the
power of judicial functions.
INVESTIGATE
The act of discovering and collection of facts concerning a certain matter.
Its purpose is to discover, find out, learn and obtain information only.
ADJUDICATE
To settle in the exercise of a judicial authority.
INVESTIGATIVE POWERS OF THE OMBUDSMAN
The Ombudsman is an agency created by the Constitution. Their function is to
protect the people against the abuses of public officials and employees.
1.

Their authority to investigate any illegal act or omission by a public servant

includes the investigation of a crime by a public official. It is not required that the
act or omission be related to the performance of his official duty.

2.

Their scope covers public officials and employees of the government, its
agencies and instrumentalities, including GOCC.

3.

CHARACTERISTICS OF POWERS OF OMBUNDSMAN:

1.

Due process required

2.

Proof required is substantial evidence

3.

Submission of answer or counter-affidavits deemed compliance of due

process

4.

Counsel generally not a requirement

5.

Rules as to evidence is more lenient. There are no strict time constraints

in the filing of answers.

CHAPTER 4

QUASI-LEGISLATIVE POWER
Legislative power
This refers to the power to make, alter and repeal laws.
This is vested by the Constitution and generally leaves no discretion on the part
of the agency delegated with such powers.
EXCEPTION TO THE DOCTRINE OF SEPARATION OF POWERS OR
DELEGATION OF SUBORDINATE LEGISLATION
The Constitution itself makes allows legislative powers to be delegated to the
Executive Branch, the Judicial Branch and the LGUs.
DELEGATED LEGISLATIVE POWERS GRANTED TO PRESIDENT:
1.

Constitutional provision allowing President to exercise powers necessary to

effect a national policy in times of war or emergency

2.

Ordinance powers under the Administrative Code of 1987

Ordinance powers are in the form of a Presidential Issuance.

PRESIDENTIAL ISSUANCES
These refers to orders issued by the President in exercise of his ordinance
power. It has the force and effect of law and is binding to the parties concerned.
It includes executive orders, administrative orders, proclamations, memorandums
orders and circulars and general or special orders.
EXECUTIVE ORDERS
This refers to the acts of the President to prescribe or provide rules of a general
and permanent character for the purpose of enforcing a constitutional or statutory
power.
ADMINISTRATIVE ORDERS
Acts of the President in relation to a particular aspect of government operations
and made in pursuance of his duties as administrative head.

PROCLAMATIONS

Acts of the President related to the fixing of a date or the declaration of a public
moment or interest.
MEMORANDUM ORDERS
Acts of the President related to administrative details and pertains to temporary
interest concerning a particular office or agency.
MEMORANDUMCIRCULARS
Acts of the President related to matters within the internal administration for the
purpose of bringing to the attention of the specific head or agency a particular
matter.
GENERAL AND SPECIFIC ORDERS
Acts of the President in his capacity as Commander-in-chief of the AFP.
DELEGATION OF LEGISLATIVE POWER TO THE SUPREME COURT
1.

The Constitution vest with the SC the power to promulgate rules to protect and
enforce constitutional rights, pleadings, practices and procedures in the conduct
of the courts. It includes rules related to the admission to the Bar, the practice of
law and assistance to the underprivileged.

2.

The Constitution requires that these rules must be:

1.

Simplified and inexpensive for the speedy disposition of cases

2.

Uniform for all courts of the same level or grade

3.

It must not diminish, increase or modify substantive rights.

3.

Rules of procedure of the courts and quasi-judicial bodies remain effective and
valid unless it is disapproved by the Supreme Court.

4.

The power to promulgate rules implies also the power to repeal procedural laws

5.

Any statute which provides that any decision made by a quasi-judicial body be
appealable to the Supreme Court is a valid and effective provision only if there is
advise and concurrence from the Supreme Court.
In such a case, Rule 45 of the Rules of Civil Procedure (Certiorari with questions
of law)) applies.

DELEGATION AS AN EXCEPTION TO THE RESTRICTION

The delegation of legislative powers does not and may not include powers that
are strictly, inherently and exclusively legislative in functions.
This refers to powers involving :
1.

The determination of whether or not there shall be a law

2.

The determination of the general purpose to be achieved by the law

3.

To fix the limits within which the law shall operate.

RULE
Statements made by an administrative agency which is off general applicability
and made to implement or interpret laws, as well as fixing its procedures for the
benefit of the general public.
RULE-MAKING
The process made by an administrative agency to make, amend or repeal laws
or rules.
RULE-MAKING POWERS
This refers to the powers of the agencies to issue rules and regulations as part of
their delegated legislative powers in accordance with their functions.
This is an exemption to the doctrine of non-delegation of legislative powers. Its
authority is conferred by law and partakes the nature of a statute. It has the force
and effect of law.
The rules must be within the scope of their authority granted by Legislature. It
must be related and must not exceed its defined scope.
ADMINISTRATIVE FUNCTIONS
These refers to functions which involve the regulation and control over the
conduct and the affairs of individuals for their own welfare and benefit. It covers
the enactment of rules and regulations to carry out the policy of the agency.
This involves acts pertaining to rule-making powers.

QUASI-JUDICIAL POWERS
This refers to the authority granted to administrative bodies to hear and
determine cases related to their general scope of functions.
REQUISITES IN CARRYING OUT QUASI-JUDICIAL FUNCTIONS
1.

The body or agency must investigate or ascertain facts

2.

A hearing must be held

3.

Weigh the evidences presented

4.

Draw conclusions or adjudicate based on the law and evidences presented.

GENERAL RULES ON APPEALS OF QUASI-JUDICIAL FUNCTIONS

1.

The exhaustion of administrative remedies is the proper action in cases wherein

the act of the agency concerned is related to its quasi-judicial functions.

2.

In cases where the action is one related to the rule-making or quasi-legislative

powers, the question may be raised in the regular courts.

3.

The Doctrine of Primary Jurisdiction applies in cases where the action involved is
one exercised in line with its quasi-judicial and adjudicatory functions.
In such cases, the court will not take cognizance of the action unless
administrative remedies have been exhausted.

4.

If what is assailed is the constitutionality or the validity of the rule or regulation

issued by the agency in performance of its quasi-legislative functions, then the
question may be raised with the regular courts.

NOTICE AND HEARING

1.

In the exercise of its adjudication powers (quasi-judicial or powers of

adjudication), a government agency is required to observe or comply with the
requirement of notice and hearing, or at least to give the affected party the
opportunity to be heard. Otherwise, their decision is invalid.

2.

In the exercise of its rule making powers or legislative powers (issuance of rules
and regulations), notice and hearing is not a requisite.

KINDS OF RULE-MAKING POWER

1.

RULE-MAKING POWER
This refers to the power to issue rules and regulations which have the force and
effect of law.

2.

CONTEMPORANEOUS CONSTRUCTION
This refers to the power to interpret and construe statutes or laws assigned top
them for enforcement.
This may be in the following forms:

3.

a.

Interpretation as incidental of the execution of a law

b.

Interpretation handed down by the DOJ upon the request of a government

agency or official

c.

Interpretation in an adversarial proceedings

DETERMINATION OF WHAT THE LAW IS

This refers to the ascertaining of facts which forms the basis of the law or statute.

DELEGATION OF LEGISLATIVE POWERS

THE POWER OF SUBORDINATE LEGISLATION
The administrative agencies are allowed to lay down the details of the policies
assigned them.
These are also called supplementary regulations and has the force and effect of
law.
WHAT MAY BE DELEGATED
Any legislative rules which must not be substantive or purely acts of legislation.
WHAT MAY NOT BE DELEGATED
Those which are purely legislative in nature.
This consist of :
1.
2.
3.

The power to make laws

The power to determine what the law shall be
The power to alter or repeal laws.

TEST TO DETERMINE VALIDITY OF THE DELEGATION OF LEGISLATIVE

POWERS
The test to determine whether or not there is a valid delegation of legislative powers
are:
1.

THE COMPLETENESS TEST

The law must be complete in all its items and conditions when it leaves
Legislature such that when it reaches the Administrative Agency, the only thing
left for the latter to do is to enforce it.
A statue is complete if the subject, the manner and the extent of its operations
are stated therein, and the provisions must be sufficiently definite and certain as
to enable a person to know his rights and obligations under the statute.

2.

THE SUFFICIENT STANDARD TEST

There must be an adequate guideline and limitation in the law to determine the
delegated authority of the Administrative Agency.
The policy and purpose of the statute must be declared and it must fix the legal
principles in which cases covered under the statute are to be controlled and
determined.
The standard may be expressed or implied. It may be expressly stated within the
framework of the statute or it may be implied as a necessity in the enactment of
the rules and regulations.
The standards fixed by the law cannot be enlarged or restricted.
A statute which has no standard, or prescribes an inadequate standard for the
exercise of delegated legislative powers for the purpose of implementing the law
is null and void. It is deemed to have issued the rules with no legal basis.

RULES AND REGULATIONS

1.

A valid rule and regulation has the force and effect of law.
Until such time that it is set aside, the rules are binding.

2.

3.

GUIDELINES FOR A VALID RULE AND REGULATION:

1.

Be consistent or germane to the purpose of the law

2.

It must be reasonable

3.

It must be consistent to the standards prescribed by the law

4.

It must not enlarge or limit the law

5.

It must be fair and reasonable

6.

Formal requirements:
1.

publication requirements

2.

filing with the UP Law Center

RULES WITH PENAL PROVISIONS

Administrative agencies have the authority to issue rules and regulations which
are penal in nature, provided the law itself makes a violation punishable and
provides for its penalty. The regulations may thus validly enact the details of the
offense.
However, if a penalty is not specified in the law, the administrative agency does
not have the authority to attach penalties.

4.

EFFECTIVITY OF THE RULES:

a.

Laws shall take effect after 15 days following completion of its publication
in the Official Gazette or newspaper of general circulation, unless
otherwise provided.

b.

Failure to publish even a valid administrative law makes the law void or
invalid.

c.

No publication required:
1.

Interpretative regulations, or

2.
5.

those internal in nature

Executive orders, presidential issuances and letters of instructions require

publication, even if it pertains only to the repeal, amendment or alteration of such
executive orders

DELEGATION TO ASCERTAIN FACTS

This refers to the power to ascertain facts which are to be used as the basis for
determining when a law may take effect, be suspended or ends, in accordance
with its purpose. This may be delegated to administrative agencies provided the
standard and limits of the delegation is expressed in the law.
RESTRICTION TO THE DELEGATION OF LEGISLATIVE POWERS
Doctrine of potestas delegata non delegari protest
What has been delegated cannot be delegated.
The act of delegation is deemed not only a right but a duty to be performed by
the person delegated using his own personal judgment and discretion, and not
that of another. Thus, a further delegation is a violation of the trust reposed.
DELEGATION OF RATE-FIXING POWER
This refers to the delegated powers given to administrative agencies to fix the
rates which public utility companies may charge the public.
1.

IN EXERCISE OF LEGISLATIVE FUNCTION

It is legislative if the application of the rates apply to all enterprises of same class
throughout the country
Notice and hearing not essential

2.

IN EXERCISE OF QUASI-JUDICIAL FUNCTION

It is quasi-judicial if the application applies only to a specific party.
Notice and hearing is an essential condition

QUESTION ON VALIDITY OF IRR

Prohibition is not proper remedy, except if agency exercised grave abuse of
discretion in reaching decision.
Exhaust administrative remedies first before appeal is made with regular courts

CONTEMPORARY CONSTRUCTION
ADMINISTRATIVE RULES AND REGULATIONS
1.

This refers to the acts of interpretation or construction made by an administrative

agency in promulgating rules and regulations in exercise of their delegated rulemaking power.

2.

It carries the binding effect of a law. To be valid and binding, the procedures fixed
for its promulgation must be followed and the scope must be within the statutory
authority granted by Congress.

3.

The power to interpret is inherent in the powers delegated to an agency in order

to enforce the law for which they are tasked. It carries the presumption of legality
since it involves their technical knowledge and expertise.

4.

If an erroneous interpretation was made, the agency may, on their own initiative,
correct such errors. However, no retroactive effect may be applied

5.

Until the SC decides on its unconstitutionality or invalidy, it remains effective and

valid.

KINDS OF CONTEMPORANEOUS CONSTRUCTION:

1.

RULES AND REGULATIONS

2.

IRR
These refers to supplemental or detailed regulations which was meant to fill in
the details of the law.

3.

CONTINGENT LEGISLATION
This refers to the power of an agency to suspend or continue the enforcement or
application of the law.

4.

CIRCULARS
This is also known as interpretative legislation and refers to the power to interpret
provisions of the law in relation to its application.
This has the force and effect of law.

TYPES OF INTERPRETATION OF THE LAW

1.

The construction by an executive or administrative officer who are directly

tasked to implement the laws.
It may be expressed or implied.
It is expressed if the interpretation is expressed in a circular, directive or
regulation.
It is implied if the interpretation is applied in a particular manner (interpretation by
usage or practice).

2.

The construction by the Secretary of Justice in his capacity as chief legal

adviser of the Government.
This construction is in the form of opinions issued upon the request of an
administrative agency who is tasked with the enforcement of the law being
construed.
In the absence of a judicial ruling as to its interpretation, or if reprobated or
disapproved by the President, these opinions are controlling among the
administrative agencies.
This opinions may be modified, altered or reversed by the President.

3.

The rulings made by an executive or administrative Secretary in cases of

an adversarial proceeding.

ADMINISTRATIVE PRACTICE
This refers to any formal and informal act of an administrative agency in
construing, interpreting or applying the law.
In the absence of a judicial interpretation by the SC regarding the provisions of
the law or statute, the court must give weight to such interpretations.
As a general rule, such construction placed by an executive or administrative
officer will be adopted in cases where it is deemed necessary to resolve a doubt.
DOCTRINE OF SUBORDINATE LEGISLATION
This refers to the delegated powers given by Congress to government agencies,
in consideration and recognition of their expertise in their field, to promulgate
rules and regulations in relation to the law where such agency is tasked to
enforce.

NOTICE, HEARING AND PUBLICATION REQUIRED:

1.

The interpretation substantially adds or increases the burden of the public

2.

The interpretation affects the general public

NO REQUIREMENT FOR PUBLICATIONS

1.

Opinions or interpretations since it is only advisory in nature

2.

Internal rules pertaining to superior and subordinate relations

GENERAL RULES ON HEARING AND NOTICE OF INTERPRETATIONS:

1.

There is no Constitutional provision requiring hearing be made before making

interpretations made in exercise of the legislative powers by an agency.

2.

No hearing is required in making interpretations related to:

3.

a.

General regulations

b.

Procedural rules

c.

Legal Opinions

d.

IRR

Notice and hearing is required only when substantial rights of the public may be
affected.

LEGISLATIVE APPROVAL OF AN ADMINISTRATIVE CONSTRUCTION OR

INTERPRETATION
Legislature is presumed to have full knowledge of a contemporaneous or
practical construction of a statute by an administrative or executive officer.
However, Legislature may, by their action or inaction, decide to approve or
disapprove the construction.
The approval are made in the following forms:
1.

Replacement of the law itself using provisions in the contemporaneous

interpretation.

2.

Amend the statute without restricting, nullifying or changing the

contemporaneous construction.

3.

Silence on the part of Legislation

WHEN CONTEMPORANEOUS CONSTRUCTION DISREGARDED BY COURTS:

1.

No ambiguity in the law

2.

Construction is clearly erroneous

3.

Strong reasons to the contrary exists

4.

When the court has already given a different interpretation

EFFECT OF ERROUNOUS CONSTRUCTION:

As a general rule, an erroneous construction of the law creates no vested rights
on the party who relied on the construction.
The government is not estopped to make the necessary corrections and any
party cannot excuse himself from compliance.
However, an exception may be made in the interest of justice and fair play.
INTERPRETATIONSS WITH PENAL PROVISIONS:
1.

Allowed when law authorises it

2.

Publication is mandatory

CHAPTER 5
QUASI-JUDICIAL POWERS
QUASI-JUDICIAL
This refers to the action or discretion of a public administrative or executive
officer or agencies to exercise discretion of a judicial nature as part and basis of
their official action.
1.

The proceedings are summary in nature and does not necessarily require
hearing in open court, submission of pleadings generally sufficient.

2.

Open court hearing is available only in cases where it is essential to the

proceeding to hear oral testimonies of witnesses

3.

The body is not bound by the technical rules and procedures on evidence.

4.

The determination must be based on facts presented and the application of

the law.

5.

Substantial evidence required to be proved.

QUASI-JUDICIAL BODY
1.

This refers to the body of government other than the courts and legislature who
exercises adjudicative powers which may affect the rights of a person.

2.

Their decisions attains finality and becomes executory unless seasonably

appealed to the proper reviewing authority.

3.

Notice and hearing required before determination made

ARBITRATION
This refers to the settlement of a dispute or controversy by an impartial 3rd
person whose determination or judgment is based on the evidences and
arguments of the parties in the controversy.
The decision is binding upon the parties to the controversy.
1.

VOLUNTARY ARBITRATION
In this case, the dispute is referred by the parties, pursuant to a contractual
arbitrary clause, to an impartial 3rd party for resolution.

2.

MANDATORY ARBITRATION

In this case, the parties to the dispute is compelled by the government to enter
into an arbitration by an impartial 3rd party or tribunal. The decision is also
binding to the parties.
JURISDICTION, IN GENERAL
1.

The power or capacity conferred by law to a court or tribunal to hear and

determine controversies and make a judgement or determination on such
controversies.

2.

Determined by the law or statute in force at the time the action is commenced, it
cannot be determined by the agreement of the parties.

3.

An administrative body granted quasi-judicial powers is deemed a tribunal of

limited jurisdiction and their powers are limited only to those granted them by
Congress.

4.

5.

The grant of quasi-judicial powers include :

a.

the authority to determine issues incidental to it.

b.

the power to issue rules governing cases raised by appeal to the Office of
the President.

The grant of quasi-judicial powers to an agency must be incidental to its main

task of implementing the law in the specific fields of its exercise.

JURISDICTION OVER THER SUBJECT MATTER

1.

Jurisdiction over the subject matter is conferred by law. It may not be acquired by
the consent, agreement or waiver of the parties or by a unilateral assumption by
the tribunal.

2.

Questions on jurisdiction by an administrative agency may also be raised at any

stage of the proceedings except in cases where in the party invokes or questions
the acquisition of jurisdiction only after the proceeding has been decided against
him. In which case, the party is already estopped from raising the issue.

JURISDICTION OVER THE PERSON OF THE PLAINTIFF OR PETITIONER

Jurisdiction acquired by:
1.

the filing of the initiatory pleading and

2.

payment of related fees.

JURISDICTION OVER THE PERSON OF THE DEFENDANT OR RESPONDENT

Jurisdiction is acquired by :
1.

the service of summons or

2.

by voluntary submission to the proper court or tribunal.

SUBSTANTIAL EVIDENCE
The evidence a reasonable mind may accept as adequate to support a
conclusion, and that its absence is not shown by stressing that there is a contrary
evidence on record, whether direct or circumstantial

JUSTICIABLE CONTROVERSY
It refers to an action initiated against a party by another party having an interest
in the subject matter which is appropriate for judicial determination.
The controversy must be raised by the party entitled to maintain the action.
ADMINISTRATIVE PROCEDURE
A quasi-judicial agency is empowered by the Constitution to make its own rules
and regulations to guide its adjudication process or proceedings.
These rules are effective unless disapproved by the SC.
1.

The rules must not diminish, increase or modify substantial rights.

2.

The Rules of Court are merely suppletory to Rules of Procedures of Quasiadministrative agencies, and the former is used only in case of deficiency or
absence of applicable provisions.

3.

The procedural rules may be altered or modified by the SC in exercise of its rulemaking power.

4.

Technical rules in the court of law is not prevailing or controlling in an

administrative proceedings.

5.

However, testimonies and evidence must be substantial.

6.

Also, such proceedings are still bound to observe due process (notice and
hearing).

LICENSING
The act of an agency in the maintenance, control, supervision of licenses. This
includes the granting, renewal, denial, revocation, suspension and withdrawal.
Except in cases of willful violation of laws, or if required by public safety, no
license may be withdrawn, suspended or annulled without notice and hearing.
When a renewal has been filed in a timely manner related to a continuing activity,
the existing license shall not be deemed expired until the renewal application has
been determined.

INSTITUTION OF THE PROCEEDINGS:

1.

Filing of the complaint or petition

2.

Complaint must be:

3.

a.

verified,

b.

signed by complainant or petitioner

c.

Certificate against Forum Shopping.

Informal Applications
This refers to application of licenses or permits and its renewal.
It may be initiated ex-parte, by an informal application or by a mere letter
sent by a complainant.
These form of complaints become contested when the application is either
opposed or denied, or if shown that there is a need for the person being
complained to be given the opportunity to be heard.

TEST TO DETERMINE FORUM SHOPPING

The test to determine whether or not there is a violation of the forum shopping
rule is when the elements of litis pendencia is present or when a final judgment in
the other case will result in res judicata.
ELEMENTS OF LITIS PENDENCIA
1.

Involves same cause of action

2.

Involves same issues and subject matter

3.

Involves parties

ELEMENTS OF RES JUDICATA

1.

There is a final decision

2.

Decision was based on the merits

3.

It was handed down by a court of competent jurisdiction

4.

The two action involves the same parties, subject matter and cause of
action.

SUMMONS
This is a writ where the respondent is notified of the action against him and is
required to file his answer thereto.
This is an indispensable requisite of due process in an administrative proceeding,
although it is not strictly construed.
Substantial compliance is sufficient.
STAGES OF AN ADMINISTRATIVE HEARING
1.

Taking and evaluation of evidence

2.

Determination of facts based on evidence presented

3.

Rendering of the order or decision as supported by the facts

NOTICE AND HEARING

1.

NOTICE
To be served at least 5 days before the hearing date.
It shall state date, time and place of hearing.

2.

HEARING
Hearing does not necessarily require a trial-type of presentation of
evidence.
A case may be submitted for resolution based on a stipulation of facts,
admissions of parties, position papers, affidavits and counter-affidavits.
In such cases, due process is not violated since this is deemed an
opportunity on the part of the party to be heard.
In cases where there are issues which cannot be decided upon without a
trial on the case based on merits, then a hearing must be scheduled.

3.

Failure to comply with the twin requirements renders the decision null and
void.

4.

A motion for reconsideration and an appeal made of the decision rendered

is considered as a sufficient opportunity to be heard since such steps
taken cures the defect of previous notice.

SUBPOENA AND CONTEMPT OF COURT

Generally, when authority is conferred by law upon an administrative agency to
take testimonies or evidence, such authority includes the power to issue
subpoenas, subpoena duces tecum and to order contempt.
These 3 powers applies only in the exercise of the administrative agency of its
quasi-judicial powers, not in exercise of its administrative or ministerial functions.
SUBPOENA
This refers to the process directing a person to attend and testify at a trial,
hearing or an investigation.
SUBPOENA DUCES TECUM
This refers to the process directing the production of specified documents which
are relevant and material to the issue of the hearing or investigation.
CONTEMPT
This may be expressed in the law or implied.
DOCTINE OF JUDICIAL NOTICE
Fact finding bodies may influence their decisions using their own investigation as
the basis for such decision.
They are allowed to consider the results of their investigations in addition to the
facts or evidence presented before them.
The administrative agency may take notice of judicially cognizable facts, as well
as those cognizable technical or scientific facts, within its specialized knowledge.
.DELEGATION OF QUASI-JUDICIAL POWERS TO DIVISION
In cases where an administrative agency granted delegated quasi-legislative and
quasi-judicial powers have no express provision in its law or authority as to
whether it may withhold or deny the authority to delegate adjudicatory functions
to a division, the agency may constitute adjudicatory divisions for the purpose of
effectively carrying out its administrative responsibilities and quasi-judicial
powers as a regulatory body.

DELEGATION TO RECIEVE EVIDENCE

A quasi-judicial body may delegate the function to receive evidence and perform
any, or all, acts necessary for the resolution of factual issues falling within its
jurisdiction.
However, it is required that such agency exercise his own judgment and
discretion in reaching a decision
DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS
CONCEPTS OF DUE PROCESS
1.

Due process refers to the chance or opportunity given to the parties to be heard
before a determination can be reached.

2.

In termination cases, hearing may be dispensed with except if required for

clarificatory purposes.

NOTES:
1.

Failure to observe due process in a proceeding renders any judgment null and
void.

2.

Under such case, the decision may be attacked based on commission of grave
abuse of discretion and violation of due process.

3.

The case may be raised with the CA immediately (grave abuse), without passing
through the hierarchy of administrative remedies.

4.

If the cause of action involves a privilege granted (license or permits), its

cancellation still requires the observance of due process since such privilege has
an imposed property rights and as such, it cannot unilaterally be revoked.

FORMS OF DUE PROCESS

1.

PROCEDURAL DUE PROCESS

This refers to the method or manner in which the law is enforced.
This must comply with the following basic rights:
1.

Right of notice, whether actual or constructive

2.

Right to a hearing and to defend himself

3.

Right to be tried before an impartial and competent court.

4.

Decision must be based on substantial evidence

2.

SUBSTANTIAL DUE PROCESS

This refers to the requirement that the enforcement of the law must be fair,
reasonable and just.
It purpose is to negate or avoid arbitrariness and unfairness in a proceeding
To satisfy due process, the official action must not go beyond what is allowed by
the law.

REQUISITES OF DUE PROCESS IN AN ADMINISTRATIVE HEARING:

1.

The right to a hearing

2.

The tribunal must consider only evidence presented

3.

The decision must be supported by law

4.

The decision must be based on the evidence presented

5.

The evidence must be substantial

6.

The decision must independently come from the judge or tribunal

7.

Notice to parties shall be made stating the decision, the issues involved,
the reason as well as the basis for the decision must be expressed.

8.

The tribunal or officer must have been conferred with jurisdiction to decide
and render judgment on such issues

MINIMUM REQUISITES IN OBSERVANCE OF DUE PROCESS:

1.

There is a tribunal that is impartial, competent and clothed with jurisdiction

2.

Due process is observed

3.

The trial must be fair

4.

Determination is based on substantial evidence

5.

Determination must also be based on an applicable law.

WHEN PRIOR NOTICE NOT REQUIRED

In cases where the law is silent on prior notice and hearing, compliance with such
requirement depends upon the nature of the power to be exercised or the means to be
achieved.
It generally refers to acts made in exercise of police powers and for public good and
safety.
1.

Actions to revoke a license or permit

2.

Summary proceedings involving levy against delinquent taxpayer

3.

Summary proceedings to abate a nuisance per se

4.

Preventive suspensions made while administrative charges or investigation is

pending

5.

Actions of padlocking obscene establishments

NUISANCE
KINDS OF NUISANCE
1.

NUISANCE PER SE
This refers to nuisance under any and all circumstances since it is a direct
menace to public health, safety.
These forms of nuisance may be abated immediately and summarily, with no
need of prior notice and hearing or proceeding.

2.

NUISANCE ACCIDENS
This refers to nuisance due to certain conditions or circumstances and is based
on a question of fact.
to abate such nuisance, due hearing before a competent court is a mandatory
requisite.

SUMMARY DISMISSAL PROCEEDINGS:

1.

2.

3.

COMPLIANCE OF DUE PROCESS:

1.

The filing of charges must be made known to the respondent or the erring
public servant

2.

The latter is given reasonable opportunity to answer charges against him.

The complaint mandatorily requires that it must:

1.

be in writing

2.

the charges specified

3.

the supporting affidavits attached

However, the formal investigation (presentation of witnesses by direct

examination) is dispensed with.

EX-PARTE AND PRELIMINARY ORDERS OR PROVISIONARY RELIEFS

1.

Provisional reliefs (TRO and cease and desist orders) may be granted without
prior notice and hearing

2.

In disciplinary proceedings, preventive suspension need no require prior notice

and hearing

3.

The power of an agency to issue ex-parte orders (suspension of operations of an

establishment), prior notice and hearing is also not essential.

ACTS DEEMED VIOLATION OF DUE PROCESS

1.

Absence of compliance of right to notice and hearing

2.

Decision was not supported by evidence

3.

Evidence other than those presented before the tribunal were taken into account

4.

Tribunal acted with grave abuse of discretion amounting to lack or excess of

jurisdiction.

ACTS NOT DEEMED A DENIAL OF DUE PROCESS

1.

Failure to attend hearing despite valid notice of hearing

2.

The law does not require prior notice and hearing

3.

Filing of a motion for reconsideration after an adverse decision was made.

MOTION FOR RECONSIDERATION AS COMPLIANCE OF DUE PROCESS

Generally, a denial of the twin requirements of due process cannot be invoked by
a party once he files a motion for reconsideration on the decision since his
motion has the effect of curing the procedural defect. It therefore constitutes
sufficient notice and opportunity to be heard.
This rule, however, assumes that the other requirements of due process have
been complied with.
RIGHT TO COUNSEL
1.

The right to counsel applies only in a custodial investigation. It may be waived

provided such is made in writing and signed in the presence of the counsel
himself.

2.

The right to counsel is not part of the procedural due process requirement in an
administrative proceeding.

DECISION
This refers to the entire, or a portion of, final disposition.
This does not cover interlocutory orders.
PERIOD TO RENDER DECISION
Within 30 days after its submission for decision to the tribunal.
This is not mandatory, but merely directory.
SUBMISSION FOR DECISION
It is deemed submitted for decision after both of the parties:
1.

have concluded their presentation of evidence or

2.

upon the filing of their memoranda, if required.

WHERE APPEALED
To the CA through a petition for review
a.

raises questions of fact,

b.

questions of law, or

c.

questions of both fact and law

PUBLICATION
The law requires that all decisions or final orders shall be published and be made
available to the public.
The Records officer are thus required to prepare a register or compilation of the
decisions made for the use of the public.
FINALITY OF THE DECISION
1.

A decision becomes final and executory:

1.

15 days after the receipt of a copy of the decision by the adverse

party, and

2.

No appeal or MR has been perfected within such time.

2.

The filing of an appeal or an MR suspends the running of the prescription

period

3.

If the law prohibits the filing of a 2nd MR, the agency is precluded from
accepting or entertaining the second motion, and the decision made
becomes final.

4.

Although an administrative agency may alter, modify and reverse their

decision motion proprio (without need for an MR), they are only allowed to
do so provided the decision is not yet final and executory.

REQUIEMENT OF VOTES IN A TRIBUNAL OR COLLEGIATE BODY

The general rule is that the powers and duties of the board or other collegiate
bodies may not be exercised by its individual members separately.
Their acts are deemed to be official only when done by the members convened
in a session, upon concurrence of at least a majority.
FINAL DECISION ARE NOT REVIEWABLE
1.

The decisions made by an administrative agency becomes final and executory

15 days after receipt of the notice of the decision by the adverse party, except if
an appeal or judicial review was perfected within such time.

2.

One motion for reconsideration is allowed.

3.

A decision by an administrative agency also binds the Office of the President.

NOTES ON APPEAL IN A CONTESTED CASE

1.

The rules of procedure in some quasi-judicial agencies prescribe for the

requirements for an appeal to a higher administrative agency.

2.

An appellant should comply with all the requirements needed to perfect an

appeal, otherwise it may be dismissed or denied its due course.

3.

An appeal is a purely statutory right and thus, compliance with the requisites is
mandatory.

4.

An appeal is also not deemed a part of due process

5.

If the law does not grant an appeal, such remedy cannot be invoked.

6.

In cases where a motion for reconsideration is denied, the movant shall have the
right to perfect an appeal during the REMAINDER OF THE PERIOD TO FILE AN
APPEAL, starting from the date of receipt of the resolution of denial.

7.

Decisions made by an administrative agency may be appealed to higher

administrative bodies, its manner and procedure as provided by law.

ADMINISTRATIVE REVIEW
This refers to the reconsideration or re-examination of a decision of a
subordinate officer or agency by a higher one.
POWER OF REVIEW
Refers to the power which is exercised to determine whether it is necessary to
correct the acts of a subordinate and to see if he performed his duties in accord
with the law.
1.

This power may be exercised motu proprio provided the decision is not yet final
and executory.
This is in exercise of his powers of control over a subordinate, and must be made
only if there is a clear showing of error.

2.

He may also review the decision once an appeal by the aggrieved party is made,
and this is in accordance with the rules of procedure of his agency.

3.

Evidences not formally submitted during the hearing before the agency may not
be submitted for the first time, or on appeal. The reviewing officer or agency may
disregard it except when the issue was not raised before the lower administrative
agency or officer due to denial of presentation.

4.

If the law does not prohibit it, the reviewing agency may conduct further hearings
on the issues of facts.

PRESUMPTION OF LEGALITY
The legal presumption is that an administrative agency has duly performed its
official duty in the action taken in exercise of their quasi-judicial functions.
However, the presumption is deemed non-existent if it deprives a person of real
or personal rights.
FINALITY OF THE DECISION OF AN APPELLATE AGENCY
The decision of an appellate agency becomes final and executory 15 days after
the receipt by the parties of a copy thereof, unless a motion for reconsideration
(MR) is seasonably filed, or a petition for review is filed with the CA
Only 1 MR is allowed.
RES JUDICATA
The Doctrine of Res Judicata applies to a decision made by an administrative
agency once it becomes final.
These decisions are deemed conclusive in relation to the rights of the affected
parties, similar to the decisions made by the regular courts.
EXEMPTIONS:
1.

There is the existence of supervening facts which may change the outcome of
the decision in the interest of justice

2.

In cases where the doctrine of res judicate was not raised or was waived as a
defense .

3.

If the application of the principle would defeat the interest of justice in favor of
technicalities.

WRIT OF EXECUTION TO EXECUTE JUDGMENT

An administrative agency may issue a writ of execution in exercise of its quasijudicial powers, provided there is no law prohibiting such issuance.
The authority to issue a writ of execution is a logical exercise in order to enforce
the judgment, otherwise it may be rendered useless.

CHAPTER 6
DOCTRINE OF PRIMARY JURISDICTION
EXHAUSTION OF ADMINISTRATIVE REMEDIES
1.

DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION

a.

In cases where the regular courts have concurrent jurisdiction with the
administrative bodies,

b.

the aggrieved party must first seek relief with the administrative body

c.

before he is allowed to avail of the remedy afforded by the courts.

d.

Applies to cases involving technical issues.

NOTES:
a.

The judicial process is suspended pending the determination made by an

administrative body, under a regulatory scheme.

b.

The court, moto proprio, may raise the issue of primary jurisdiction, and the
parties cannot make an argument against it.
In such cases:

c.

1.

The proceeding is suspended and the case is referred to the proper

administrative body, or

2.

The case will be dismissed without prejudice, provided no injustice will

occur.

EXEMPTIONS TO THE DOCTRINE

1.

When the administrative agency has no jurisdiction to resolve the

dispute in accordance with the law.

2.

Express stipulation under the law

3.

If it would result in substantial injustice

4.

To prevent undue harassment

5.

Grave abuse of discretion resulting to excess of jurisdiction

6.

It involves questions of law

2.

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

1.

The case is first cognizable by the administrative agency,

2.

Judicial intervention or court intervention is withheld

3.

Pending the determination by the administrative agency

NOTES:
1.

The determination of a decision made by an administrative agency is

deemed to be final when the President or the Cabinet members has made
their determination.

2.

The case must have been decided in exercise of quasi-judicial powers

only.

3.

If the issue involves exercise of legislative powers, then court remedy may
be availed.

4.

When the rules of the administrative agency allows a party to file a motion
for reconsideration of its ruling or decision, the party must therefore file
such motion before filing a petition for certiorari (Rule 65), since such
motion is deemed an adequate remedy, in accordance with this doctrine.

EFFECT OF FAILURE TO AVAIL OF REMEDY

1.

It does not affect the jurisdiction of the regular courts. However, it will
deprive the aggrieved party of a cause of action.
As such, his action may be dismissed on such grounds.

2.

If no motion to dismiss was filed by opposing party, the court may proceed
with the hearing of the case since this constitutes a waiver on the
opposing party to invoke such ground.

DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION

The doctrine provides that availment of the remedy afforded by the judicial courts
may be made only after the administrative body has completed its deliberation
and there is nothing left for the latter to do administratively.

EXEMPTIONS TO THE DOCTRINE :

1.

When the rules of qualified agency (alter ego) applies

The Doctrine of Qualified Agency states that the acts and decisions made
by the department secretaries, as alter egos of the President, are deemed
to be acts of the President unless it is disapproved or reprobated.
This covers decisions made by department secretaries and their
undersecretaries.
A petition for certiorari under Rule 65 (lack or excess of jurisdiction)

2.

When the issue of non-exhaustion of such remedies have been

rendered moot.

3.

The agency is estopped

An agency is estopped from invoking this doctrine in cases where their
order contains an order stating that the aggrieved party may either accept
their decision or question it in court, whether such order was implied or
expressed.

4.

The issue involves a purely legal question

This refer to questions on what the law is, and how it is to be applied, in a
given state of facts.
If it involves a question of facts, then the administrative remedies should
be exhausted to afford rthe agency of the chance to correct itself.

5.

The decision is patently illegal amounting to lack or excess of

jurisdiction.
This assumes that the order is a nullity and was made without jurisdiction
or made in excess thereof.
This also applies in cases where an appeal was filed out of time but was
nevertheless recognized and the decision of the lower tribunal was
reversed.
The remedy is Certiorai under Rule 65.

6.

When the high government official to whom relief was sought fails to
act on the matter, or there is an unreasonable delay

7.

When the decision results in an irreparable damage

The damage must be substantial and may result in an irreparable
damage or destroy the status quo of the controversy before the case may
be determined.
Quo warranto cases
This refers to the action involving the removal of a public officer in favor of
another appointee. Prescription is 1 year

8.

When no administrative remedies are provided by the law

This applies when there is no law providing the administrative remedies to
be taken as a condition precedent to the filing of an action in court.

9.

When the law and its administrative remedy is permissive or silent

By the terms or implication of the law, the remedy is permissive in nature.

GENERAL RULE
The principle of primary jurisdiction applies in cases filed with the trial court, but
the proceeding is suspended until the referral made with the administrative
agency concerned is determined.
The doctrine of exhaustion of administrative remedies applies in cases where the
prescribed action should be addressed to the administrative agency concerned,
except if the action in which it falls under the exemption to the general rule, in
which case a petition for certiorari may be filed with the CA
In both doctrines, failure to make a timely objection is deemed a waiver of such
right, and the court is no longer precluded to proceed with its deliberation and
determination.

CHAPTER 7
JUDICIAL REVIEW
1.

This refers to the re-examination or the review by the judicial courts of

decisions made by administrative bodies in exercise of their supervisory
powers.

2.

Judicial review may be availed if the issue involves:

1.

Questions of law

2.

Questions of fact

3.

Issues concerning jurisdiction

NOTES:
1.

Some laws provide for judicial review while others are silent.

2.

GENERAL RULES:
A.

If in exercise of its executive or administrative functions:

Action for an ordinary complaint for injunction before the RTC.

B.

If in exercise of their quasi-legislative functions,

Petition for cetiorari, mandamus and prohibition to be filed with the
RTC.

3.

The following actions are the remedy available for decisions and rules made by
an administrative agency:
1.

Ordinary court actions

2.

Appeal
Available when the law provides for such a remedy.
The decision must be appealed through an ordinary civil action within the
prescribed time (30 days from
receipt of such decision)

3.

Petition for review

4.

Petition for a writ of certiorari

5.

Petition for prohibition, and

6.

Petition for mandamus

LIMITATIONS ON JUDICIAL REVIEW

1.

purely administrative actions

2.

actions which are discretionary in nature.

WHEN ADMINISTRATIVE ACTION SUBJECT TO JUDICIAL REVIEW:

1.

It was exercised with grave abuse of discretion.

2.

If the agency has gone beyond the scope of authority granted

3.

The action was unlawful or unconstitutional

4.

The decision was vitiated by fraud, imposition or mistake.

GROUNDS FOR A JUDICIAL REVIEW

1.

Denial of due process

2.

Mistake of law, existence of fraud or collusion

3.

Decision was unsubstantiated or with no evidence to support it

4.

Grave abuse of discretion amounting lack or excess of jurisdiction.

5.

The decision was prejudicial to a party or decision was unconstitutional,

6.

Decision made in excess of authority or jurisdiction

7.

Decision based upon an irregular procedure

8.

Vitiation by fraud, imposition or mistake

SUBJECTS OR ISSUED TO BE RAISED IN A JUDICIAL REVIEW:

1.

Questions of law

2.

Questions of fact

3.

Mix of both

JUDICIAL REVIEW OF:

1.

RULES AND REGULATIONS

A judicial review concerning rules and regulations are limited to the following
questions of whether the law is:
1.

Within the authority given to the agency,

2.

Reasonable , and

3.

Issued pursuant to the proper procedure.

The court cannot substitute the rules with its judgment, it can only make a
determination of the propriety and correctness of the rules.
2.

ADMINISTRATIVE DECISIONS
The general rule is that the courts have no supervisory powers over the
proceedings and decisions of an administrative agency, especially those made in
exercise of its judgment, discretion and findings of fact.

GENERAL CHARACTERISTICS OF JUDICIAL REVIEW:

1.

COURTS GENERALLY CANNOT INTERFERE WITH AGENCY DECISIONS

The general rule is that the regular courts will not interfere in matters which are
addressed to the sound discretion of government agencies which are entrusted
with the enforcement and regulation of activities related to their special technical
knowledge and training, unless there is the presence of fraud in such action.

2.

FINDINGS OF FACTS BY AN AGENCY IS GENERALLY CONCLUSIVE

The finding of facts made by the agency in an administrative decision is
respected by the courts, provided such decisions are supported by substantial
evidence.
These decisions can only be set aside by the courts if there is proof that
a.

grave abuse of discretion was committed,

b.

there was fraud attending the decision, or

c.

the existence of errors of law

3.

JUDICIAL INTERFERENCE IN TECHNICAL MATTERS IS LIMITED

As a general rule, no courts shall have jurisdiction to issue any :
1.

temporary restraining order

2.

preliminary injunction, or

3.

preliminary mandatory injuction

in the following cases:

4.

1.

The issuance, approval or disapproval, revocation or suspension of

licenses, permits, or public grants in the exploitation, development and
utilization of natural resources.

2.

Disputes involving an infrastructure project or any public works and utilities

operated by the government.

A.

The prohibition is limited to acts of an administrative agency on cases

involving facts or the use of discretion in technical cases. This is a
violation of the separation of powers in addition to the fact that it hampers
progress.

B.

However, as to issues other than what is stated above, in addition to

issues concerning questions of law, the courts may issue or exercise their
power of restrain or prohibition against administrative agencies.

PRESIDENTIAL DISCRETION IS NOT SUBJECT TO JUDICIAL REVIEW

DISCRETION
This refers to the power or right conferred upon an administrative officer or
agency by which he may decide the issue or question brought before him based
on his own judgment or conscience.
His judgment on such matters are not subject to a judicial review, even if such
judgment is erroneous.
However, when the question or issue refers to the validity of the exercise of
discretionary powers, the courts may exercise its judicial power of review.

5.

A DECISION THAT HAS REACHED ITS FINALITY CAN NO LONGER BE THE

SUBJECT OF A JUDICIAL REVIEW
The right to an appeal is a statutory right and it can be exercised only in the
manner and in accordance with the provision of law. Failure to file a timely
appeal by the aggrieved party renders the decision of an administrative agency
final and executory.

The orders or decisions have, upon reaching finality, the force and effect of law
and it can no longer be assialed under the principle of res judicata.
EXPANDED JURISDICTION
The Constitution grants the courts the power to review the decisions made by
administrative agencies for the purpose of determining if such decisions were
made within the bounds of the limits set by the Constitution.
The function of the courts, in such cases, is merely to check whether the act of
the agency was beyond the authority it was granted, it cannot make a
determination of whether such agency made an error in their decision, or that the
law should have taken a different view.
DOCTRINE OF POLITICAL QUESTION (DOCTRINE OF SEPARATION OF POWERS)
A political question is a question of policy, and therefore refers to questions
which are to be decided upon by the people in their sovereign capacity, or
through the full discretionary authority delegated to the executive branch.
It concerns itself with the wisdom of a particular act or measure, not the legality
of such act or measure.
PETITION FOR REVIEW (RULE 43)
1.

A petition for review is an ordinary appeal from the decisions or final orders made
by a quasi-judicial agencies exercising quasi-judicial powers

2.

The petition is filed with the CA

3.

The petition raises questions of fact, questions of law, or a mix of both questions
of law and fact.

4.

It must be filed within 15 days from notice of the order or decision denying the
MR.

5.

Only 1 MR shall be allowed.

QUESTIONS OF LAW
This refers to questions involving doubts or differences of opinions as to what the
law is on a given state of facts, and how it is to be applied.
QUESTIONS OF FACT
This refers to questions wherein the doubt to be resolved pertains as to the truth
or falsehood of the alleged facts.

SUBSTANTIAL EVIDENCE RULE

This general rule provides that the decision of an administrative agency is
conclusive on questions of fact and is no longer subject to the review of the
courts in the absence of fraud, imposition, or mistake, provided that the
determination of facts are based on substantial evidence.
As such, the court cannot reassess, substitute or set aside the findings of the
agency and replace it with their own.
The except of this rule occurs:
1.

When the factual findings of the administrative agency and the initial factfinding agency is conflicting

2.

When the findings are based on speculations, surmises or conjecture

3.

When the inferences are manifestly mistaken, absurd or impossible.

4.

When there is a grave abuse of discretion in the appreciation of facts.

5.

When the agency went beyond the issues of the case and the findings are
contrary to the admissions of the parties

6.

When the judgment was premised on a misapprehension of facts

7.

When agency fails to notice certain relevant facts which, if considered,

would justify a different outcome.

8.

When the finding of facts are conflicting.

9.

When the findings are conclusions without citing the specific evidence in
which they were based.

10.

When there was an absence of evidence and such findings contradict the
evidence on record.

PETITION FOR CERTIORARI, PROHIBITION AND MANDAMUS (RULE 65)

1.

A special civil action which seeks to nullify or modify an order or decision of an

administrative agency with quasi-judicial functions which acted:
1.

without jurisdiction, or

2.

in excess of jurisdiction, or

3.

with grave abuse of discretion which amounted to lack of jurisdiction.

2.

As a condition, there must be no appeal, or a plain, speedy and adequate

remedy in the ordinary course of law.

3.

The petition must be filed within 60 days from receipt of judgment.

4.

The petition may be filed with the RTC. the CA or the SC, as the case may be.

5.

The petition may raise only:

1.

questions of law, and

2.

errors of jurisdiction

3.

as an exception, it may raise errors in judgment or questions of facts

provided it falls under the exceptions which warrant a review of the facts.

CASES WHERE CERTIORARI NOT PROPER:

1.

Purpose of petition is to correct errors of procedure or mistakes in the

findings or conclusions.

2.

If such is the case or concern, the proper remedy is an ordinary appeal.

PETITION FOR PROHIBITION

This petition is a preventive remedy and its purpose is to restrain or prevent the
doing of some act which is about to be done.
Its intention is not prevent an act which has already been accomplished.
PETITION FOR MANDAMUS
1.

This petition is applied in cases where:

1.

a tribunal or agency neglects to perform an act which is required of them

by virtue of the law, or

2.

unlawfully excludes another from the use and enjoyment of a right or office
to which the latter is entitled to.

2.

There must be no other plain, speedy and adequate remedy afforded by law.

3.

Upon the granting of the petition, the respondent is commanded to do the act
required of him.

INJUNCTIVE RELIEF
1.

In a petition for certiorari, prohibition or mandamus, the court may issue a status
quo order to maintain the last, actual, peaceable and uncontested status of
things which preceded the controversy.

2.

A TRO or a writ of preliminary injunction may also be issued to preserve the

rights of the parties.
In the absence of such injunctive reliefs, the lower courts or quasi-agency may
proceed with their trial or hearing.

APPEAL BY CERTIORARI TO THE SUPREME COURT (RULE 45)

1.

Decisions made by the CA may be elevated to the SC under a petition for review
for certiorari (Rule 45).

2.

The review of the SC pertains to its supervisory powers to review the judgment of
the CA, Sandiganbayan, RTC and Quasi-judicial agencies.

3.

This is not a matter of right but a matter of sound discretion of the SC. The SC
may deny due course when it determines that the appeal:
1.

is without merit, or

2.

is filed to delay judgment, or

3.

raises unsubstantiated questions

4.

The appeal must be filed within 15 days from notice of judgment or order.

5.

The appeal must raise only questions of law which must be distinctly set forth
and discussed.

PART II
LAW ON PUBLIC OFFICERS
Chapter 1
Nature and Elements of a Public Office

CONSTITUTIONAL GUIDELINES ON PUBLIC OFFICE

1.

PUBLIC OFFICE IS A PUBLIC TRUST

There exist a fiduciary relation between the officer, as the trustee and the
citizens, as the beneficiary, since sovereignty resides in the people and as such,
the officer is accountable to the people.

2.

THE STATE SHALL GUARANTEE EQUAL ACCESS TO OPPORTUNITIES

FOR PUBLIC SERVICE AND PROHIBIT POLITICAL DYNASTY

3.

THE STATE SHALL TAKE MEASURE AGAINST GRAFT AND CORRUPTION,

AND PROMOTE HONESTY AND INTEGRITY
Service must be with utmost responsibility, integrity, loyalty and efficiency
as well as lead modest lives.

4.

ONE STATE ALLEGIANCE

Act must be with patriotism and justice.

CHARACTERISTICS OF PUBLIC OFFICE

1.

Public Trust
They must account to the sovereign people

2.

No vested right
It is not transmissible to the heirs upon death.
There is no absolute right to hold such position

3.

Public office is not a property.

Although not treated as a property, public office is a protected right:
a.

a person cannot be removed from office without due process

b.

an exception is made in cases of quo warranto (2 persons claiming a right

over the same position), since the position is deemed a right that is the
subject of the litigation.

PUBLIC OFFICE CREATED:

1.
2.
3.

BY CONSTITUTION
BY LAWS
BY AUTHORITY OF LAW

ENTRY OR MEANS OF FILLING UP POSITIONS:

1.
2.
3.
4.

APPOINTMENT
ELECTION
BY CONTRACT
OTHER MODES AUTHORIZED BY LAW

NOTES:
1.

Legislative department is vested with the powers to create, abolish or merge

offices.
The functions of congress includes the determination of whether such offices
may be attached to existing offices (ex- officio) .

2.

Congress may delegate such powers to the executive branch, wherein the
president may create. abolish or merge offices in the executive branch by
issuing appropriate decree or order.

CONCEPTS OF PUBLIC OFFICE

1.

The functional unit of a government

This refers to any major functioning unit if a department or bureau, including the
regional offices.

2.

The position of the officer holding a public office.

This refers to the position held or occupied by individual persons whose functions
are defined by law.

INCUMBENT
This refers to persons who, by appointment or election :
1.

presently occupies a position of public office, and

2.

he is legally authorised to discharge the duties attached to such office.

PUBLIC OFFICERS AND EMPLOYEES TO RELATION TO SPECIFIC LAWS:

1.

To be accountable under Administrative Code:

1.
2.
3.
4.
5.

Any officer, employee, agent,

in the government service or any of its branch and instrumentalities
regardless of rank or class
having assumed position through election, appointment or by direct
provisions of law,
taking part in the performance of public functions

An officer is one whose duties involve the use of discretion in the performance of
his functions
2.

To be accountable under the RPC (Malversation and other accountability of

public officers):
1.
2.
3.

3.

To be accountable under RA 3019 as amended (Anti-graft and corruption

practices):
1.
2.
3.
4.

4.

His function involves the performance of public duties

It is performed in the government or its branches and instrumentalities
The authority to perform such actions must be:
a.
by direct provisions of law
b.
by popular election
c.
by appointment by a competent authority

Any officer and employees elected or appointed

whether permanent or temporary
whether classified, unclassified or exempt service
receiving compensation, even nominal, from the Government

To be accountable under RA 6713 (code of Conduct and Ethical Standards

for Public Officials)
1.
2.
3.
4.
5.

Officials and employees who are either elected or appointed

Permanent or temporary
Career or non-career
Whether receiving compensation or not
Includes military and police personnel

5.

To accountable for crimes of Plunder (RA 7080)

1.
2.
3.

any person holding any public office under the government

Whether by appointment, election or through a contract
Includes persons entering into a contract with the government

GENERAL CLASSIFFICATONS OF PUBLIC OFFICERS

1.

SEVILLA VS CA
1.

APPOINTMENT
Selection and appointment must be made by a person who is
vested with such authority to appoint.

2.

COMMISSION
Employment through a written contract of appointment

3.

DESIGNATION
Imposition of additional duties (ex - officio)

2.

CAREER AND NON-CAREER

1.

CAREER
a.

Entry is based on merit and fitness (through examination and highly

technical qualifications)

b.

There is opportunity for advancement to a higher position

c.

There is security of tenure

CAREER SERVICE ARE CLASSIFIED AS:

1.

2.

OPEN CAREER
1.

By appointments only

2.

Prior qualifications in a prior examination a requirement

CLOSED CAREER
1.

Scientific and technical positions (include positions in academe

field)

2.

They may establish their own qualifications

3.

4.

CAREER EXECUTIVE SERVICE

1.

Undersecretaries, bureau directors, assistant regional directors ...

2.

Requires presidential appointment

CAREER OFFICERS
1.

2.

Presidential appointment required

5.

COMMISSIONED OFFICERS AND THOSE IN THE ARMED FORCES

6.

PERSONNEL OF GOCC performing governmental functions

7.

PERMANENT LABORERS

NON-CAREER
a.

Entrance is conducted other than those based on merit and fitness

b.

Tenure is limited by:

1.

the period specified law,

2.

coterminous with the appointing officer or

3.

at pleasure of the appointing officer , or

4.

limited for the duration of the project

NON-CAREER POSITIONS INCLUDE:

1.

Elective officials and confidential employees

2.

Department heads and Cabinet Secretaries with their personal

and confidential staff

3.

Chairman and commissioners of boards and commissions

with fixed terms, and their confidential and personal staff

4.

Contractual personnel

5.

Emergency and seasonal employees

CO-TERMINOUS POSITIONS IN LGU

1.

Administrative Officer

2.

City Legal Officer

CHAPTER II
APPOINTIVE OFFICERS
QUALIFICATIONS
MUST POSSESS ALL OF THE QUALIFICATIONS AND NONE OF
DISQUALIFICATIONS AS OF THE DATE OF THEIR APPOINTMENT, AS
PRESCRIBED BY LAW .
NOTES ON QUALIFICATION:
1.

This is a MANDATORY requirement, otherwise the appointment is void.

A subsequent acquisition of the qualification will not validate a void
appointment.

2.

This condition must be present at time of appointment but also during

duration of holding office.
In case where he becomes ineligible within the term or duration of office,
he forfeits the position.

3.

Forfeiture also requires due process and must be made in proper action.

4.

QUALIFICATION FOR OFFICE

5.

1.

compliance of legal requisites required by law

2.

making him eligible to perform the functions required by the office

ELIGIBLE
Legally qualified by law to hold an office.

POWER OF CONGRESS TO PRESCRIBE QUALIFICATIONS

1.

Power to prescribe additional qualifications

Congress may prescribe additional qualifications in relation to the filling of a
vacant or newly created position. The qualifications must be consistent with the
Constitution.
In cases with questions on qualifications of a person is raised, however, the
decision must be liberally construed in favor of eligibility.

2.

Power to disqualify person from certain appointive positions

Congress has the power to add additional disqualifications to a position except if
expressly not allowed to do so by the Constitution.

QUALIFICATIONS OF APPOINTIVE CONSTITUTIONAL OFFICERS:

1.

CJ and Associate Justices of the SC

1.
2.
3.
4.

2.

Natural - born citizen

at least 45 years old
at least 15 years as a judge in lower court or engaged in practice of law
Proven competence, integrity, probity and independence

Chairman and Members of Constitutional Commissions

COMELEC
1.
2.
3.
4.
5.

Natural - born citizen

at least 35 years old
Not a candidate in the previous election preceding the appointment
College graduate
The Chairman and majority of its members must be members of the BAR
who have been engaged in the practice of law for at least 10 years

COA
1.
2.
3.
4.

Natural - born citizen

at least 35 years old
CPA with at least 10 years accounting experience or members of BAR
with at least 10 years in practice of law.
Not a candidate in the previous election preceding the appointment

CIVIL SERVICE COMMISSION

1.
2.
3
4.
3.

Natural - born citizen

at least 35 years old
Not a candidate in the previous election preceding the appointment
Proven capacity for public administration

OMBUDSMAN AND HIS DEPUTIES

1.
2.
3.
4.
5.

Natural - born citizen

at least 40 years old
Members of the BAR with at least 10 years in the practice of law
Proven probity and independence
Not a candidate in the previous election preceding the appointment

QUALIFICATIONS OF CIVIL SERVANTS

1.

The qualifications for entrance into civil service is prescribed by law and varies
depending on the assigned position

2.

Duly approved qualification standards for a class of positions in public office is a

requisite to the appointment of a person to the said positions.

CITIZENSHIP REQUIREMENT:
1.

All officers appointed under the Constitution requires candidates to be natural

born citizens.

2.

Other than those expressly prescribed by law and the Constitution, an appointive
official may be citizens only.

NATURAL BORN CITIZENS

1.

citizens since birth without having the need to go through any acts to perfect their
citizenship, or

2.

those born before January 17, 1973 of Filipino mothers and elected to remain a
citizen upon reaching majority.

CITIZENS OF THE PHILIPPINES:

1.

Citizens at the time of the adoption of the Constitution

2.

father or mother is a Filipino

3.

born before January 23, 1973, of Filipino mothers, who elect citizenship upon
reaching majority

4.

Naturalized citizens

NOTES ON CITIZENSHIP:
1.

Citizenship is a continuing qualification for a public office. A voluntary act of

citizenship, or a change caused by operation of law disqualifies the person from
continuing with the public office.

2.

A natural born citizen who lost his citizenship may re-acquire it subsequently by
the taking of the oath reaffirming allegiance to country.
Prior to assumption of an appointive office, the subscribed and sworn oath of
allegiance must be submitted to proper office.

APPOINTMENTS
The selection by the proper authority of a person who is to exercise the powers
and functions of a given office.
1.

An appointment should generally be in writing for evidentiary purposes.

2.

Even in cases where he was designated in an acting capacity, and took his oath
and his appointment was confirmed by the COA, his claim may be disputed by a
person holding a written appointment over the same position.

DESIGNATION
The assignment of a public officer to perform certain duties which are different
from those included in his office to which he was previously appointed.
1.

This connotes the imposition of additional duties upon a person who is already in
public office by virtue of a prior appointment or election.

2.

Designation is also made by virtue of a law and generally is made to fill up vacant
positions temporarily, pending resumption of office of proper officer or
assumption of new officer over the office.

4.

The designation does not confer security of tenure in the office which he
occupies in an acting capacity.

APPOINTMENT IN ACTING CAPACITY

Appointment to a position of public office that is temporary in nature and he
may be replaced upon :
1.

the appointment or selection of a permanent appointee to the vacant

position, or

2.

until the return of the proper appointed officer to said position.

a.

This is revocable and temporary in character.

b.

It cannot ripen into a permanent appointment, even if it was confirmed by the

COA since the confirmation presupposes a valid appointment.

ACTING APPOINTMENTS
1.
2.
3.
4.

Qualified to sit on board

They lack eligibility for the position
Position must be vacant
Enjoys all the benefits attributed to the position

OIC
1.
2.
3.

Not qualified to sit in a board

Not necessarily lacking in eligibility qualifications
Generally occurs in an reorganization or reshuffling of employees

NATURE OF AN APPOINTMENT:
An appointment is an executive function.
It is a discretionary power which may be exercised by the officer provided he is
vested with such right.
The only condition to such exercise is that the appointee or person to be
appointed possesses all the qualifications required by law.
Although not deemed part of the appointment process, there are some
appointments requiring approval from other bodies:
1.

The COA may, upon review, confirm the appointment or not. However,
they are only allowed to check whether the appointee possesses the
appropriate civil service eligibility.

2.

The CSC, on the other hand, is limited to the determination of whether or

not the appointee meets all the qualification provided by law. This is a
procedural process.

APPOINTING AUTHORITIES:
1.
2.
3.
4.

The president
The courts
The department heads, agencies, commissions
Officers , in exercise of delegated powers to appoint

APPOINTING POWER OF THE PRESIDENT

1.

a.
b.
c.
d.

Department heads
Ambassadors, public ministers and consuls
Officers of the AFP starting with the rank of colonel or naval captain
all other officers whose appointments are vested with him under the
Constitution (COA,CSC,COMELEC and Sector Representatives)

2.

All other Government officers whose appointments are not otherwise

provided by law

3.

Officers whom the President is authorised by law to appoint

4.

Officers of lower rank whose appointments are vested with the President
alone under the law.

NOTES:
1.

The appointing power is an exclusive prerogative of the President and Congress

cannot impose any guidelines except those pertaining to:
a.

The Constitutional need to have the appointment confirmed by the CA,

and

b.

The limited exercise of prescribing for qualifications and disqualifications

of certain appointive offices.

2.

In cases where the law is silent as to the appointing officer, it is always assumed
to be the President.

3.

The grant or imposition of additional duties made by Congress is not deemed an

encroachment of the appointing powers of the President since it does not
constitute the creation of a new office or appointment of a new officer.

4.

Congress also cannot require the confirmation of COA for the last 3 groups of
appointees.

5.

When there is a temporary vacancy in a local government which needs to be

temporarily filled up and the law is silent as to the appointing authority, the
President or his alter ego may fill up the position.

COMMISSION ON APPOINTMENTS
The agency tasked to confirm the appointments made by the President.
1.

They must act on all appointments submitted before it within 30 session

days.

2.

Confirmation of appointments are decided by majority votes.

3.

Meeting allowed only when:

4.

a.

Congress in session, or

b.

at the call of Chairman, or

c.

at the call of majority of its members

The COA confirms only the appointments made by President under 1st
group:
a.
b.
c.
d.

Department heads
Ambassadors, public ministers and consuls
Officers of the AFP starting with the rank of colonel or naval captain
all other officers whose appointments are vested with him under the
Constitution (COA,CSC,COMELEC and Sector Representatives)

COMPOSITION OF COA
1.

Senate President as Chairman, in ex-oficio capacity

2.

12 Senators and 12 Congressmen, elected on basis of proportional

representation

KINDS OF PRESIDENTIAL APPOINTMENTS

1.

2.

AD INTERIM APPOINTMENTS
1.

Congress not in session

2.

Takes effect immediately

REGULAR APPOINTMENT
1.

Congress is in session

2.

After the nomination, the appointee is confirmed by the COA

3.

He holds the position until the end of term

AD INTERIM APPOINTMENTS
1.

2.

These refers to appointments made by the President:

1.

while Congress was in recess, and

2.

the appointments was for positions which require COA confirmation.

These appointments are permanent until:

1.

It is disapproved by the COA, or

2.

until the next adjournment of Congress

NOTES:
1.

These refers to appointments which are permanent until disapproved by the COA

2.

The adjournment of Congress may either be from a special or regular session.

3.

An ad interim appointment may be extended by the President when the

appointment was terminated due to adjournment of Congress and no action was
made by the CO.

4.

However, an ad interim appointee may not be re-appointed to the same position

in case his appointment was rejected by the COA.

5.

An ad interim appointment is permanent in nature.

6.

As to its validity, however, it requires:

a.

Notice or release to the appointee

b.

Acceptance by the appointee

c.

The appointee must be qualified

TEMPORARY DESIGNATION
1.

2.

President has power to temporarily designate:

a.

an officer already in the government, or

b.

any person competent to perform the functions of an office

Temporary designation made in following cases:

a.

Officer regularly appointed cannot perform the duties due to illness,

absence or other causes, or

b.

there is a vacancy

3.

A temporary designation must not exceed 1 year.

4.

The compensation shall be:

a.

whatever value is attached to the position,

b.

in cases where he is already in the government service, he shall receive

only compensation in addition to his present salary, which must not
exceed the compensation of the filled position as provided by law.

NOTES:
1.

A person with a temporary appointment is not entitled to be re-appointed in a

permanent capacity after he acquired civil service eligibility. It continues to be the
prerogative of the appointing officer.

2.

The law provides that a permanent employee who was removed due to a valid
reorganization is given preference in the appointment to a new position in the
reorganized office.

CONSTITUTIONAL LIMITS TO APPOINTING POWERS OF PRESIDENT

1.

An appointment made by an acting president remains in effect unless it is

revoked by the elected president within 90 days from assumption of office of the
latter.
after the 90 day period, the appointment becomes irrevocable and may be
removed only for cause or as determined by the nature of the appointment.

2.

A president or an acting president is allowed to make only temporary

appointments of executive positions in cases where:
a.

there is a vacancy which requires filling to avoid prejudice to public

service, and

b.

such vacancy is within months prior to a presidential election.

3.

The President may appoint positions for the members of the SC and judges for
the lower courts from within a list of at least 3 nominees as prepared and
recommended by the JBC

4.

The president cannot appoint officers and employees to positions within the
Judiciary Branch.

5.

The President may appoint the Ombudsman and his Deputies from within a list of
at least 6 nominees as prepared and recommended by the JBC.

6.

The president cannot appoint officers and employees to positions within the
Office of the Ombudsman

7.

The President is precluded from making appointments for officers and employees
within the CHR

8.

The President cannot appoint any person who lost in any election within 1 year
after the election

9.

The president cannot appoint an elective official to another position unless the
appointee vacates his elective post.

NOTES:
1.

On the other hand, an appointed official may be appointed to another office or

position in cases where:
a.

it is allowed by law, or

b.

the additional appointment was made in his ex-oficio capacity.

2.

The President, VP, Cabinet members and deputies and assistant cannot hold
any other office or employment during the duration of their tenure.

3.

The Constitution allows the VP to be appointed as a cabinet member.

CIVIL SERVICE COMMISSION

The central personnel agency of the government.
COMPOSITION:
(appointed by President, with COA Confirmation)
1.
2.

Chairman
2 commissioners

TERM
7 years with no reappointment
GENERAL PURPOSE:
1.

To ensure and promote that appointments are made according to fitness and
merits

2.

To provide a progressive system of personnel administration

COVERAGE:
1.

All branches , subdivisions and agencies of the government

2.

All GOCC with original charters

NOTES:
1.

Those organized under the Corporation code are not covered.

2.

All officers and employees in the career and no-career positions in the
government are appointive, with the exception of elective non-career officials.

3.

The appointing officer is required to submit to the CSC all appointments which
require its approval within 30 days from issuance of appointment. To do so
otherwise would render the appointment ineffective.

POSITIONS NOT REQUIRING CIVIL SERVICE EXAMINATIONS:

1.

POLICY DETERMINING POSITION

A position vested with power to formulate a method of action for the government

2.

HIGHLY CONFIDENTIAL POSITION

1.

Not clerical in nature

2.

Involves delegation requiring skill, judgment, trust and confidence

3.

Acts are in representation of appointing officer

Their tenure is co-terminous with the appointing officer.

3.

HIGHLY TECHNICAL OFFICE

Positions requiring special skills and training of highest degree

LEVELS OF POSITIONS IN CAREER SERVICE

1.

2.

3.

Clerical and other work involving non-professional or sub-professional work in a

non-supervisory and supervisory capacity.
a.

This requires less than 4 years of collegiate studies

b.

Entrance through competitive examination (civil service eligibility)

Professional, technical and scientific positions

a.

Requires 4 years of college

b.

Entrance through competitive examinations (civil service eligibility)

Career Service executives

a.

Appointment made by president

b.

Requirements prescribed by Career Executive Service Board

NOTES:
1.

Passing the civil service exam is a precondition to acquire a permanent

appointment.

2.

In cases where there are 2 or more persons vying for the same possition, and
both or all are civil service eligible, the appointing officer may consider other
conditions in the appointment (education, experience, trainings)

KINDS OF APPOINTMENT
1.

Presidential appointments

2.

Presidential appointments as required by the Constitution

3.

Non-presidential appointments
Appointments made by a duly authorised government officer in
accordance with the Civil Service Law.

NOTES:
1.

Presidential appointments are not subject to the approval of the CSC.

2.

Their removal or suspension is a presidential prerogative, and may be with

or without cause.

3.

However, in cases where the position is occupied by a career service position,

due process is required for their removal or suspension.

REQUISITES FOR AN APPOINTMENT

1.

The appointing officer must be vested with such authority to make such
appointment at time of appointment.

2.

The appointee must possess all of the qualifications and none of the
disqualifications prescribed by law, including civil service eligibility

3.

The position is vacant

4.

The appointment hs been approved by the CSC

5.

Acceptance of the appointment by the appointee

NOTES:
1.

Failure to comply with any of the conditions makes the appointee a de facto
officer.

2.

The presumption is that an appointment by its terms are permanent and the
conditions have been complied with. The burden of proof rest upon the person
object to the appointment.

VACANCY
This occurs when there are no person lawfully authorised to assume and
exercise the duties of the position at present.

ATTESTATION
As a general rule, the CSC is required to approve or to attest to the fact that the
appointee is qualified for the position in which he was appointed.
This power is limited only to check and determine whether compliance with the
civil service laws have been complied with by the appointee.
WHEN APPOINTMENT TAKES EFFECT
Immediately upon the issuance by the appointing officer of a letter to such effect.
It is valid and effective until it is disapproved by the CSC.
An officer whose appointment is not approved by the CSC is deemed a de facto
officer.
LIMITS TO POWER OF CSC
1.

They are not allowed to inquire into the right of the appointing officer.
This is an issue which may be raised in a quo warranto case and may be raised
only by the Solgen or his representatives.

2.

They are not empowered to determine the kind or nature of the appointment
extended by the appointing officer.

OPPOSITION TO AN APPOINTMENT
Protest may be made to question the appointment of another person to a
particular position provided there is a cause.
GROUNDS FOR OPPOSITION:
1.

Appointee is not qualified

2.

Appointee is not the next in rank

3.

The written special reason given by the appointing officer is unsatisfactory,

in cases of transfers, reinstatement or original appointment.

NOTES:
1.

FOR CAUSE
The legal reasons which the law and public policy recognizes as sufficient for the
removal of a person from a public position.

2.

An opposition requires the observance of due process (right of person being `

opposed to be heard).

REVOCATION OR RECALL OF APPOINTMENTS

Generally, an appointment made is deemed irrevocable and not subject to
reconsideration.
An exemption is made in following cases:
1.

Approval and attestation as required by the CSC

2.

An appointment requires the confirmation of the COA

NOTES:
1.

An appointment is not final until such approval or attestation are made

2.

After approval, the appointment cannot be disturbed.

3.

An appointment is deemed cured of its defects by the absolute appointment of

the appointee, except if :

4.

a.

the appointment was a nullity, or

b.

the appointment involved the presence of fraud.

Revocation must be made before:

1.

completion of the appointment, or

2.

before the approval of the CSC

5.

After approval, the appointee acquires a legal right over the position. He cannot
be removed except for cause and after previous notice and hearing.

6.

An appointment secured through fraud or void appointments cannot acquire

security of tenure.

POWER TO RECALL BY THE CSC:

The CSC has the power to recall, on its own initiative, an appointment based on
following grounds:
1.

Non-compliance of the merit promotion plan

2.

Failure to pass the selection and promotion board of the Commission

3.

Violation of CBA on provisions regarding promotion

4.

Violations of civil service laws and regulations.

COMPLETION OF APPOINTMENT
When all the requisites for the position has been met:
1.

A written appointment to a vacant position made by a duly authorised

officer

2.

Approval from the CSC

3.

Acceptance of position by appointee (taking of office and discharge of

duties)

NOTES:
1.

Failure to fulfill all the conditions makes a person a de facto officer.

2.

Failure to take the oath of office also makes a person a de facto officer.

PERMANENT APPOINTMENT
Issued to an officer upon completion of all the conditions required for the position,
including the civil service eligibility.
Failure to fullfill the conditions makes the officer a temporary appointee.
TERM
The fixed and definite period of time where an officer may lawfully hold office.
The period is fixed by law and is permanent in nature.
When the law fixes a term for an office, he cannot be removed without cause and
without observance of due process.
KINDS OF TERM:
1.

Terms expressly fixed by law and the Constitution

2.

Terms for good behavior until reaching retirement age

3.

Terms which are indefinite and is terminated at pleasure of appointing

officer.

TENURE
1.

The time is limited as fixed by law, or

2.

The time is coterminous with that of the appointing officer.

This is temporary in nature and applies to temporary appointments.

Upon expiration of the officer's term, his rights and duties to the office ceases by
operation of law, unless authorised by law to hold-over.

APPOINTMENT WITH A DEFINITE PERIOD

An appointment having a definite period which expires upon the non-renewal of
the term.
APPOINTMENT FOR A FIXED TERM
If an appointment for a fixed term provides the clause "unless sooner
terminated", the termination must still be for cause and must observe due
process requirements.
HOLD-OVER CONCEPT
Generally, in the absence of an expressed or implied provision to the contrary, an
officer is entitled to hold office until his successor is:
1.

elected or appointed, and

2.

has qualified for the position

NOTES:
Qualified for the position assumes the taking of oath and entering into the
discharge of his duties after the appointment or election.
PROMOTIONAL APPOINTMENT
1.

A move from one position to another which entails additional duties and benefits.

2.

Promotion in the Civil Service is based on the qualifications of a person.

3.

Qualifications may be based on length of tenure, loyalty of service ansd other

similar traits. The appointing officer continues to enjoy discretionary powers

4.

When a permanent officer is promoted to another office but his promotional

appointment was invalidated, he is deemed not to have lost his previous office
and he should therefore reverted back to the said position.

REINSTATEMENT
1.

The issuance of a new appointment

2.

which is discretionary upon the appointing officer

3.

in favor of the appointee

4.

who possesses the qualifications required by law.

NEPOTISM
This refers to the favoritism made in the act of appointing public officers by the
appointing officer in favor of his relatives up to the 3rd civil degree, by affinity or
consaguinity.
1.

This is a restriction in the appointment of persons to public offices and applies

even to temporary positions.

2.

The law requires that the appointing officers issue a certificate to this effect in
their appointments.

EXCEPTION TO NEPOTISM:
1.

Confidential employees

2.

Teachers

3.

members of the AFP

4.

Subsequent marriage between employees in same department.

Promotional appointments extended by one spouse over the other is still
prohibited.

5.

Persons appointed in GOCCs

AUTOMATIC REVERSION RULE

1.

In cases where several appointments were made wherein one person gets
a promotion, everyone else also gets a promotion.

2.

All of the appointments must be submitted to the CSC for approval

3.

If there is a disapproval in the appointment, then it also follows that no

promotion is appointed or granted to the rest.

4.

There will be an automatic reversion to the old position

KINDS OF PUBLIC OFFICERS

1.

DE JURE OFFICER
An officer or person having a lawful or legal right over the office

2.

DE FACTO OFFICER
An officer who has no legal right over an office
If he assumes office in good faith, he is entitled to the benefits and other
emoluments derived from the office.

TRANSFERS
This refers to movement from one position to another with the same rank and
salary, without break in the service.
QUO WARRANTO
An action to determine better rights over a position in public office
KINDS OF QUO WARRANTO
1.

QUO WARRANTO FOR ELECTIVE OFFICIALS

1.

2.

Grounds must be :
a.

ineligibility, or

b.

disloyalty

2.

Must be filed within 10 days after proclamation, non-exendible

3.

Can be filed by any interested voter

QUO WARRANTO FOR APPOINTIVE OFFICIALS

1.

Ground is legality of the appointment

2.

may be filed only by the aggrieved or deprived party

3.

Must be filed within 1 year from date petitioner was ousted from office

VOID APPOINTMENTS
A void appointment :
a.

confers no right, except those of a de facto officer.

b.

can not be given security of tenure

KINDS OF VOID APPOINTMENTS:

1.

NON-COMPLIANCE OF LEGAL REQUIREMENTS

It, however, may be corrected by another valid appointment

2.

APPOINTMENT SECURED THROUGH FRAUD OR MISREPRESENTATION

It is void and appointee should immediately be removed
He is not obligated to return earnings actually worked

3.

FAILURE TO POSSESS CIVIL SERRVICE ELIGIBILITY

This is also null and void and cannot be validated.

APPOINTMENT OF A RETIREE
This rule applies compliance with the conditions in cases where appointee is:
1.

retiree, or

2.

over 65 years of age

CONDITIONS :
1.

There is an immediate or urgent need for his service

2.

The appointee possesses special skills or qualifications not possessed by other

officers

3.

The vacancy cannot be filled by promotion or transfer, or there is no qualified

person available

DOUBLE APPOINTMENT
1.

Double appointments are not prohibited as long as positions are not incompatible

2.

The appointee cannot receive additional or double compensation unless

authorised by law.

APPOINTMENT OF NEXT IN RANK

1.

The law provides that the employee next in rank shall be considered for a
promotion whenever a position in the first level becomes vacant.
This is not a mandatory requirement.

2.

Vacancies may be filled by transfers, reinstatement, reemployment or outside

appointment, provided the appointee has civil service eligibility.

3.

The official next in rank is given preferential consideration for promotion to

the higher vacancy. However, it does not mean that such position is
reserved to the next-inrank.
The appointing officer continues to enjoy his appointment prerogative.
In cases where an aggrieved party :
1.

The complaint must be filed with the department head

2.

The complaint must be determined within 30 days from receipt

3.

Appeal may be made within 15 days from the CSC

4.

Decision may be raised with the CA through a petition for review

GOCC
1.

A government owned or controlled corporation is a stock or non-stock

corporation performing governmental or proprietary functions.
In cases where it is incorporated under special laws or under corporation code, it
is deemed a GOCC if government controls or owns majority of its shares.

2.

3.

A GOCC is not governed by the civil service laws when it is incorporated:

1.

without an original charter,

2.

under the Corporation Code

The hiring and firing of employees of a GOCC governed under an original

charter, however, is governed by the civil service laws.

LIABILITIES FOR ILLEGAL APPOINTMENT

The appointee and the appointing officer is both civilly and criminally liable for violations
of the civil service laws on appointment.
1.

UNLAWFUL APPOINTMENTS

2.

FRAUD, DECEIT AND MISREPRESENTATION

3.

KNOWINGLY APPOINTING OR NOMINATING ANY PERSON WHO LACKS

LEGAL QUALIFICATIONS

SALARY OR COMPENSATION
The basic pay a person is entitled to as compensation
PER DIEM
The daily allowance given to a person or officer who works away from the
principal office
HONORARIUM
Given as a token or appreciation for services rendered
TERMINAL LEAVE PAY
Refers to the cash value of a retiree's accumulated leave pay.
BASIC RULES ON COMPENSATION
1.
Salaries cannot be the subject of a garnishment
2.

Double compensation is prohibited unless allowed by law otherwise. Pension or

gratuities are not considered compensation

3.

A person receiving a government pension who is reinstated is not double

compensation. However, his previous years in the government will not be
credited in case he avails of a new separation pay.