ADMINISTRATIVE LAW

ASSIGNMENT # 1
December 14, 2016
Atty. Mavil Majarucon Sia (Election Officer of Bacolod City)

GENERAL PRINCIPLES
Define Administrative Law
That branch of modern law under which the executive department of the government acting in a quasi-
legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of
promoting the well-being of the community, as under laws regulating public corporations, business
affected with public interest, professions, trade and calling, rates and prices, laws for the protection of
the public health and safety and the promotion of the public convenience and advantage.

Notes:
Admin Law is that part of the public law which fixes the organization and determines the competence of
administrative authorities and indicates to the individual remedies for the violation of his rights.
(Goodnow)

In a narrower sense and as commonly used today, this is the branch of modern law under which the
executive department of the govt, acting in a quasi-legislative or quasi-judicial capacity, interferes with
the conduct of the individual for the purposes of promoting the well-being of the community.

It is part of Political Law. It is a branch of law that deals with Operation and Organization of the State
and defines the relationship of the State and its inhabitants.

Purpose of Administrative Law

It arises out of Necessity. The existence and powers proceed from:
Increased function of government;
Complexity of modern social, economic, and industrial systems;
Inability of courts to perform their functions directly;
Necessity for constant supervision by experts and specialists and the experience acquired by
such specialist in difficult and complicated fields; and
Flexibility which is the mark of administrative process in contrast to legal or judicial process.

Notes:
Make the government machinery work well and in an orderly manner.

Scope of Administrative Law

1) Body of statutes which sets up admin agencies and endows them with powers and duties.
2) Body of rules, regulations, and orders issued by admin agencies.
3) Body of determinations, decisions and orders of such admin authorities made in the settlement
of controversies arising in their respective fields.
4) Body of doctrines and decisions dealing with the creation, operation and effect of
determinations and regulations of such admin agencies.

Classification of Administrative Law

 1) Statutes setting up admin authorities either by:
creating boards, commissions, and admin officers or
confiding the powers and duties to existing boards, commission or officers to:
amplify,
execute,
supervise the operations of, and
determine controversies arising under particular laws in the enactment of which
the legislature decided for matters of convenience or for quicker or more
efficient administration to withhold the controversies, at least in the first
instance, from the courts of law.
2) Rules, regulations or orders of such administrative authorities enacted and promulgated in
pursuance of the purposes for which they were created or endowed.
3) Determinations, decisions and orders of such admin authorities made in the settlement of
controversies arising in their particular fields
4) Body of Doctrines and decisions dealing with the creation, operation, and effect of
determinations and regulations of such admin authorities.

DISTINGUISH
Administrative Law vs. Constitutional Law

Administrative Law Constitutional Law

Provides the details which give the skeleton
structure the characteristics of a finished whole.
Lays down the secondary rules w/c limit and
qualify or expand and amplify the general
precepts laid down by the constitution to be
understood and applied to the needs of layman
citizens.
Treats relations of government with individual
from the standpoint of the powers of
government.
Lays emphasis on duties of citizens to
government
Makes sure that the general plan is being carried
out in its minute details.
Provides relief and remedies to the public on the
abuses of governmental powers
Provides the framework of governmental
organization or the system of government
Lays down the general rules of government which
are fundamental and without which no
government organization can survive
Treats of the relations of the government with
individual from the latters standpoint.
Lays stress upon rights of citizens
Assigns specific duties and responsibilities of the
branches of the government and lays down the
general plan of government functions.
Prescribes the limitations on the exercise of
governmental powers

Notes:
Administrative law complements constitutional law insofar as it determines the rules of law
relative to the activity of the admin authorities.
It supplements constitutional law insofar as it regulates the admin org of the government.

Administrative Law vs. Law on Public administration

Administrative Law Law on Public Administration

 Emphasis is to the problems of administrative
Regulation rather than administrative
management.
Relationship of public officers with persons
outside the government is governed by admin
law.
Deals with relationship between administrative
bodies and private individuals.
External Matters
Emphasis of the law is made on the organization,
operation and management of the different
branches of government and on their relations
Deals with efficiency, internal organization,
recruitment, discipline and supervision of those in
public employment or those individuals in public
office.
Confined in internal organization and operation
of administrative bodies.
Internal Organization

Note:
If the relation is between the administrative agencies and the individuals affected by the exercise
of their rule-making or adjudicatory activities, this is covered by admin law.
Admin Law talks about EXTERNAL matters.

What is an Administrative body or agency?

It is an organ of government, other than a court and other than a legislature, which affects the rights of
private parties through either adjudication or rule making. It may be called a commission, board, bureau,
office administrator, department, authority, corporation, administration, division or agency.

Has quasi-legislative or quasi-judicial powers.

Differentiate Administrative Bodies/Agencies from a regular court.

Manner of Organization of Administrative Bodies (CRAD)

1. Creation
GR: The creation of Public office is primarily a legislative functions.
XPN:
a. Constitutional Provisions (Eugenio vs CSC, GR 115863)
b. Authority of Law (DOTC vs Mabalot, GR 138300)

They are created whether individual or institutional by:

a. Constitutional Provisions (E.g.: CSC, COMELEC, COA, CHR, Office of the
Ombudsman)
b. Legislature in legislative enactments (E.g. : Bureau of Customs, BIR, NLTC, PRC,
Court of Agrarian Relations, Phil. Patent Office, SEC, Board of Transportation,
Social Security Commission, BSP, National Grains Authority) limited only to
the law that creates them.
c. Authority of law (Under various govt reorganization acts, the President and the
Govt Survey and Reorganization Commission had been authorized and had in
fact created administrative offices and agencies in the course of the
reorganization of the executive branch of the govt).
See Cases:
Abakada Guro Party List vs Purisima, GR 166715
 President Ordinance Power is the executive rule-making power in executing or
implementing constitutional or statutory provisions through:
Proclamation
General or Special Orders (capacity as Commander in Chief)
Administrative Orders (particular aspects of Governmental Functions in
pursuance of Admin Head)
Memorandum Orders (matters of administrative detail or subordinate interest
which involve particular officer of office)
Memorandum Circulars (matters relating to internal administration)
Ordinance Power of the President is limited only to the issuances above. (See David vs Arroyo)

Biraogo vs Philippine Truth Commission of 2010

Power of the President to create Public Office - The Chief Executive power to create Ad
Hoc investigating Committee is valid under the faithful execution clause. Having been
constitutionality granted full control of the Executive Department, which respondents belong.
The legality of investigation is sustained. However, Petitioners contend that EO 1 violated the
equal protection clause because it does not apply to all members of the same class such intent
of focusing only in previous administration as the sole subject of PTC. It must be cover all
administrations previous to that former Pres. Arroyo.

The Basis is there is a valid delegation of Congress or the inherent duty to faithfully execute the
laws under Art 7(17) of the 1987 Constitution.

Eugenio vs CSC

2. Reorganization
Reorganization is the process of restructuring the bureaucracys organizational and functional
set up, to make it more viable in terms of economy, efficiency, effectiveness and to make it
more responsive to the needs of its public clientele as authorized by law.

Experimentation is frequent in the field of administration, and particular admin agencies are
sometimes:
a) Abolished and new ones created embodying the fruits of experience;
b) Reorganized or their functions transferred to other agencies.

Congress has at various times vested powers in the President to reorganize executive agencies
and redistribute functions and the transfers made under such are held by the SC to be within
the authority of President.

If the reorganization involves constitutionally created admin bodies, it needs constitutional

amendment.

See Cases:
Sinon vs CSC

Pichay vs Executive Secretary

There is reorganization when there is alteration of governmental functions which includes
reduction of personnel. The main reason is to streamline agencies of the government.

Anak Mindanao Party List vs Executive Secretary

The Constitution confers, by EXPRESS provision, the power of control over executive
departments, bureaus and offices in the President alone. President is justified an executive action
to carry out re-organization measures under broad authority of law.

Pursuant to AC of 1987 Sec. 39, states that: The President shall have continuing authority to re-
organize the administrative structure of the Office of the Pres. And he may take the ff actions:
Transfer agency under the Office of the President to any other department or agency as well as
transfer agencies to the Office of the President from other departments or agencies.

Power to control
Alter, Modify, and substitute his judgment

Power to supervise
No Alter, Modify, and substitute his judgment

Dario vs Mison
a. In good faith
b. Promote bureaucracy

Domingo vs DBP

Reorganizations in this jurisdiction have been regarded as valid provided they are pursued in
good faith. As a general rule, a reorganization is carried out in "good faith" if it is for the purpose
of economy or to make bureaucracy more efficient. In that event, no dismissal (in case of
dismissal) or separation actually occurs because the position itself ceases to exist. And in that
case, security of tenure would not be a Chinese wall.

Clearly, from our pronouncements in Dario, reorganization is a recognized valid ground for
separation of civil service employees, subject only to the condition that it be done in good faith.
No less than the Constitution itself in Section 16 of the Transitory Provisions, together with
Sections 33 and 34 of Executive Order No. 81 and Section 9 of Republic Act No. 6656, support
this conclusion with the declaration that all those not so appointed in the implementation of said
reorganization shall be deemed separated from the service with the concomitant recognition of
their entitlement to appropriate separation benefits and/or retirement plans of the reorganized
government agency.

The facts of this case, particularly the evaluation process adopted by DBP, bear out the
existence of good faith in the course of reorganization.

Blaquera vs CSC
Dismissal due to a bona fide reorganization must still comply with due process requirement
(Notice and Hearing)
 Evidence of Bad Faith:
1. Significant increase in number of position in new staffing
2. Office is abolished but another performing same function is created
3. Where old is replaced with less qualified
4. ?
5. Where removal violates order of separation

Delegated Power of the President under the Administrative Code

Section 31 of the Administrative Code
Outside the Office Proper but within the scope of the Office of the President.
(Doctrine of Alter-Ego)

3. Abolition
Constitutionally created admin agencies cannot be abolished by statute, while admin agencies
created by statute or through the authority of a statute may be validly abolished and reorganized
by the legislature.

There is an intention to do away with such office in a permanent manner.

GR: abolished by the same mode of creation

See Cases:
Canonizado vs Aguirre

Eugenio vs CSC

The CESB is created by law. It can only be abolished by the legislature. The creation and
abolition of public offices is primarily a legislative function, except for Constitutional offices. The
power to restructure granted to the CSC is limited to offices under it. The law that created the
CESB intended said office to be an autonomous entity although it is administratively attached to
the CSC.

Bagaoisan vs National Tobacco Administration

Under the Administrative Code of 1987, the President, subject to the policy in the Executive
Office and in order to achieve simplicity, economy and efficiency, shall have the continuing
authority to reorganize the administrative structure of the Office of the President. For this
purpose, he may transfer the functions of other Departments or Agencies to the Office of the
President. The reorganization may involve the reduction of personnel, consolidation of offices,
or abolition thereof by reason of economy or redundancy of functions.

The reorganization was done in good faith. The questioned Executive Orders have not abolished
the National Tobacco Administration but merely mandated its reorganization through the
streamlining or reduction of its personnel.

The Constitution, expressly grants the President control of all executive departments, bureaus,
agencies and offices which may justify an executive action to inactivate the functions of a
 particular office or to carry out reorganization measures under a broad authority of law. Also
the General Appropriations Act of FY 1998 has decreed that the President may direct changes
in the organization and key positions in any department, bureau or agency pursuant to the
Constitution.

In the present case, there were no abolition nor is transfer of offices, the assailed action just a
mere reorganization under the general provisions of the law consisting mainly of streamlining
the NTA in the interest of simplicity, economy and efficiency. It is an act well within the
authority of President.

4. Deactivation
Making the office dormant or inactive.

Buklod ng Kawaning EIIB vs Executive Secretary

Both are reorganization measures. In Abolition, the office ceases to exist. In Deactivation, Office
continues but becomes dormant or inoperative.

Types of Administrative Agencies

1) (Grant Privileges) Agencies created in situations wherein the government is offering some
gratuity, grant, or special privilege (E.g.: Phil. Veterans board (defunct), Board on pensions for
Veterans, NARRA, Philippine Veterans Administration)
2) (Carrying Out Actual Business of Government) Agencies set up to function in situations wherein
the govt is seeking to carry on certain govt functions. (E.g.: Bureau of Immigration, BIR, Board
of Special Inquiry, Board of Commissioners, CSC, BSP)
3) (Perform Some Business Service for Public) Agencies set up to function in situations wherein the
govt is performing some business service for the public (E.g.: Bureau of Posts, Postal Savings
Bank, MWSS, Phil National Railways, Civil Aeronautics Administration)
4) Agencies set up to function in situations wherein the govt is seeking to regulate business
affected with public interests (E.g.: Fiber Inspection Board, Phil Patent Office, Office of the
Insurance Commissioner)
5) Agencies set up to function in situations wherein the govt is seeking to regulate business
affected with Private interests
6) (Regulation under the Police Power) Agencies set up to function in situations wherein the govt
is seeking under the police power to regulate private business and individuals (E.g.: SEC, Board
of Food Inspectors, MTRCB, PRC)
7) Agencies set up to function in situations wherein the govt is seeking to adjust individual
controversies because of some strong social policy involved (E.g.: NLRC, Court of Agrarian
Relations, the Regional Offices of DOLE, the Social Security Commission, Bureau of Labor
Standards, Women and Minors Bureau.)
8) Make government a private party.
9) Adjudicate and decide election contests. (COMELEC)

BASIC CONSTITUTIONAL CONCEPTS

Doctrine of Separation of Powers
A system of checks and balances of the government which prohibits the delegation of legislative power,
the vesting of judicial officers with nonjudicial functions, as well as the investing of non-judicial officers
with judicial powers.

In essence, separation of powers means that legislation belongs to Congress, execution to the executive,
settlement of legal controversies to the judiciary. Each is prevented from invading the domain of others.
(Bernas, Commentary 656, 2003 ed.)

The theory is that a power definitely assigned by the Constitution to one department can neither be
surrendered nor delegated by that department, nor vested by statute in another department or agency.

Legislative Power of the Sword

Executive Power of the Purse
Judiciary Power of Judicial Review

Purpose: Checks and Balances, Prevent concentration of powers

Question:
May a regular court prohibit a committee (Senate) to require a person from attending a hearing in aid of
legislation? No.

A legislative investigation in aid of legislation and court proceedings has different purposes. On one
hand, courts conduct hearings or like adjudicative procedures to settle, through the application of a law,
actual controversies arising between adverse litigants and involving demandable rights. On the other
hand, inquiries in aid of legislation are, inter alia, undertaken as tools to enable the legislative body to
gather information and, thus, legislate wisely and effectively; and to determine whether there is a need
to improve existing laws or enact new or remedial legislation, albeit the inquiry need not result in any
potential legislation. On-going judicial proceedings do not preclude congressional hearings in aid of
legislation. Standard Chartered Bank (Philippine Branch) v. Senate Committee on Banks, Financial
Institutions and Currencies (Standard Chartered Bank) provides the following reason:

[T]he mere filing of a criminal or an administrative complaint before a court or quasi-judicial body
should not automatically bar the conduct of legislative investigation. Otherwise, it would be extremely
easy to subvert any intended inquiry by Congress through the convenient ploy of instituting a criminal or
an administrative complaint. Surely, the exercise of sovereign legislative authority, of which the power of
legislative inquiry is an essential component, cannot be made subordinate to a criminal or administrative
investigation.

As succinctly stated in x x x Arnault v. Nazareno

[T]he power of inquiry with process to enforce it is an essential and appropriate auxiliary to the
legislative function. A legislative body cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect or change; and where the legislative
body does not itself possess the requisite information which is not infrequently true recourse must be
had to others who possess it.

Blending of Powers
Assigned or shared by several departments.

Example:
Power of Appointment
General Appropriation Law
Amnesty

Doctrine of Non-delegation of Legislative Power

Article 6(1) of the 1987 Constitution. The legislative department of the government cannot abdicate
authority or escape responsibility by delegating any of its power to another body.

Legislative neither must nor can transfer the power of making laws to anybody else, or place it
anywhere but where the people have, that is, to legislators.

Permissive delegation of Legislative Power

The legislature may delegate to an administrative agency the exercise of a limited portion of its
legislative power with respect to some specified subject matter.
a. When permitted by the Constitution itself;
War or National Emergency (Art. VI, Sec. 23(2) of the 1987 Constitution)
For the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties and imposts. (Art. VI, Sec. 28(2) of
the 1987 Constitution)
b. In case of delegation of legislative powers to local governments;
Part of Police Power of the state
Power of Taxation
Power of Eminent Domain
Creation of Municipal Offices
Establishment of Municipal hospitals, asylums, poor-houses and other charitable
institutions;
Franchises to use municipal streets
Incurring of Municipal Indebtedness
Municipal Licenses for Occupations/Privileges
Ownership of Public Utilities
Regulation and Control over Streets
Special Assessments and others.
c. Delegation of the power to fill in details (Example IRRs);
Legislature may only make a general provision and give powers to those who are to act
under such general provision to fill up the details.
d. Delegation of rule-making and adjudicatory powers to admin bodies, PROVIDED,
ascertainable standards are set;
e. Delegation of power to ascertain facts, contingencies, or events upon which the
applicability or non-applicability of a law is made to depend;
f. Delegation of powers to the people at large, when such has been reserved in the
Constitution;
g. Delegation of power to the executive in the field of foreign or international relations.
* Note: Strictly speaking there are only two instances of permissible delegation that is nos. 1&2,
exceptions no. 3-7 are exceptions in a broader sense.

Even if there is no expressed provision, delegation can be sustained if the exercise of power is pursuant
to the implementation of the purpose for which it is created.

Test to determine validity of delegation

Two tests have been resorted to by the courts in deciding delegation of power cases these are:
(1) The completeness or incompleteness of the statute (no room for modification
of the law or discretion but only for enforcement); and
(2) The absence or sufficiency of standard (adequate guidelines or limitations).

These two tests have apparently been merged into one as held in Vigan Electric Light Co. Inc., vs. Public
Service Commission & Pelaez vs. Auditor General: For a valid delegation, it is essential that the law
delegating powers must both be:
a) Complete in itself it must set forth the policy to be executed by the
delegate; and
b) Fix a standard the limits of which are sufficiently determinate or
determinable to which the delegate must conform.

Exception to Permissive Delegation

1. Delegation to people by referendum
2. Delegation to president Emergency Power
3. Delegation to president Tariff Power
4. Delegation to Admin Agency or Subordinate Delegation Power (Fill in details)

POWERS OF ADMINISTRATIVE BODIES

1. Quasi-Legislative
2. Quasi-Judicial
3. Determinative

Assignment:
Phil Assoc of Service Exploration vs Torres
Land Bank vs CA
CIR vs CA
Ople vs Torres
Gonzales vs Land Bank
Manila Jockey Club vs CA
PLDT vs NTC
Nestle vs CA
Vincent Perez vs LPG Refillers Assoc of the Phils

January 11, 2017

Powers of Administrative
1. Quasi-Legislative
 2. Quasi-Judicial
3. Investigatory/Inquisitorial

Investigatory or Inquisitorial
Also known as investigatory or inquisitorial powers which include the power to inspect or to secure or
to require the disclosure of information by means or accounts, records or otherwise.

1. Exist solely to secure and provide information

2. Make recommendation

Remolano vs CSC
Issue: Right to Counsel in Administrative Investigation
Held: Not mandatory. Hearing conducted is not part of a criminal prosecution.

Powers included in the investigatory or inquisitorial powers are:

(1) Subpoena
(2) Swearing of Witnesses
(3) Interrogating Witnesses
(4) Calling for Production of books, papers and records
(5) Requiring that books, papers and records be made available for inspection
(6) Inspection of premises
(7) Requiring written answers to questionnaires
(8) Requiring reports, periodic or special
(9) Requiring of filing of Statements

Test to determine whether the agency is performing investigative power

1. If the only purpose is to evaluate the evidences submitted to it
2. If the agency is not authorized to make a judicial pronouncement that affects the parties

Quasi-Legislative
It is the power to:
(1) Promulgate rules and regulations or general orders which are legally binding and receive statutory
force upon going into effect; and
(2) Formulate interpretative rulings or regulations w/c do NOT receive statutory force but are
accorded great weight when questioned in court.

Requirements
1. Must be germane to the objects and purposes of the law
2. Conform to the standards that the law prescribes
3. Must be reasonable
4. Must be related solely to carrying into effects the general provision of the law

No discretion to interpret the law but only to fill in the details. It has no power to amend, modify or
alter the law.

IRRs have the force and effect of the law and the courts shall take judicial notice of the IRR.
Philippine Association of Service Exporters Inc. vs Torres
LOI are presidential issuances which may be repealed, amended or modified by subsequent presidential
issuances also.

Land Bank vs CA
Administrative regulations must be in harmony with the provisions of the law.
Controlling case on IRR.

CIR vs CA
All issuances must not override, but must remain consistent and in harmony with, the law they seek to
apply and implement. Administrative rules and regulations are intended to carry out, neither to supplant
nor to modify, the law.

IRRS must also be:

1. Within the limits of the powers granted to the administrative agency.
2. Not unconstitutional or violative of the provisions of the statutes

What are the General Kinds of Administrative Rules & Regulations?

1. Legislative Rule
a. Supplementary or Detailed Legislation - Rules and regulations issued by reason of
particular delegation of authority. They only fix the details. (example IRR of the Labor
Code)
b. Contingent Regulation Rules and regulations made by agency on the existence of facts
and things upon which the law depends. (example Regulation lifting a Quarantine upon
happening of a contingency)
2. Interpretative Rules and Regulations - Rules and regulations constructing or interpreting the
statute being administered. They are binding upon all concerned until they are changed.
(example BIR Circulars, Central Bank Circulars)

Gonzales vs Land Bank

Circulars have the presumption of validity.

Manila Jockey Club vs CA

Erroneous application of the law by a public officer does not bar a subsequent correct application of the
law.

PLDT vs NTC
The interconnection which has been required of PLDT is a form of intervention with property rights
dictated by the encompassing objective for the common good. The NTC, as the regulatory agency of the
State, merely exercised its delegated authority to regulate the use of telecommunications networks
when it decreed interconnection.

Nestle vs CA
In the first place, it is a principle too well established to require extensive documentation that the
construction given to a statute by an administrative agency charged with the interpretation and
application of that statute is entitled to great respect and should be accorded great weight by the courts,
unless such construction is clearly shown to be in sharp conflict with the governing statute or the
Constitution and other laws.

Perez vs LPG Association of the Philippines

Are Administrative Agencies allowed to provide penalties?
Yes, if the law itself allows the agency to provide for penalty.
1. The sttaute itself must authorize the promulgation of the penal sanction
2. Penal sanction must not be left to administrative agency but the statute itself
3. It must be published in the official gazette.

Contemporaneous Construction
It provides:
A practical guide as to how the agency will seek to apply the law; and
An experienced and informed judgment to which courts and litigants may properly resort for
guidance.
The construction extends beyond meeting the necessities of administration and is given effect by
courts when they are called upon to determine the true construction and interpretation of such laws.

Publication Requirement

De Jesus vs COA
Administrative Rules is to enforce a law must be published in the official gazette or newspaper of general
circulation except interpretative or internal in nature.

Notice and Hearing

1. No necessity for notice and hearing
2. If rules is procedural or merely legal opinion
3. Preparation of substantive rules where class affected is large and not a certain class.

Corona vs United Harbor

Prior hearing is not necessary for issuance of administrative rule and regulation.

Why? Because it affects the general public. Not the general class.

Subordinate Legislation and Interpretative Rules

SL: designed to implement a law by providing its details.

Before a Subordinate Legislation is adopted, there must be a hearing. In relation to interpretation of the
rule but increases the burden so those affected must be given opportunity to be heard before its
issuance.

Holy Spirit Homeowners Assoc vs Sec Defensor GR 163980

A petition for prohibition is not a proper remedy to assail the implementing rules and regulation issued
in the exercise of quasi-legislative power of an Administrative Agency. A prohibition can only be
exercised against a judicial or quasi-judicial power or function. The proper remedy should be to
question the validity of the IRR.
Quasi-Judicial or Adjudicatory Power
Make determinations of facts and adjudicate based on the interpretation of law. Summary in nature.
The technical rules of procedure and evidence are not controlling in administrative proceedings.

It is the power to hear and determine, or ascertain facts in the enforcement and administration of a law.
In its general sense, it has been defined as any power of an administrative agency other than rule-making
but including licensing.

Ang Tibay vs CIR

7 cardinal rules of administrative proceedings
1. Right to a hearing
2. Consider evidence presented
3. Decision based on evidence presented
4. Evidence is substantial
5. Board must act on its judgment
6. Decision must be rendered in a manner that parties knew the controversy

Due process in administrative procedure only requires that a person must know or be informed of the
judges before him.

Arboleda case
No full adversarial proceedings since only position papers is required.

Ocampo vs Office of the Ombudsman

Administrative Due process cannot be equated to strict judicial due process. Element of fairness must
be observed.

Does the due process clause encompass the right to be assisted by a counsel in an administrative proceeding?
No. it may be rejected in an administrative inquiry.

Notice and hearing is not necessary

1. Grant provisional authority to increase rates or additional businesses
2. Need of Summary Proceeding if there is distraint or levy upon a property of delinquent taxpayer
3. Cancellation of a passport where there is no abuse of discretion
4. Summary abatement of nuisance per se which affects the safety of the general public
5. Preventive suspension of a public officer pending investigation of an administrative case (to
prevent power or access to the office)
6. Urgent action
7. Tentativeness of Administrative action
8. Grant or revocation of business licenses involving public order or morals
9. Placement of a temporary or acting appointee
10. Right was previously offered but was not accepted by the person

Power to punish contempt

177 scra 478 (dimaporo)
Contempt is judicial and exercised only if conferred by law and in the exercise of its quasi-judicial
power.
Appeal and Review
1. Office of the President
2. Department Secretaries
Appellate agencies or offices may conduct additional hearings.

Doctrine of Res Judicata

Ismael vs Exec Sec 190 SCRA 673

Decisions of Administrative Agencies have the power of a judicial decision under the doctrine of res
judicata. Agency must have competent authority or jurisdiction.

Does doctrine of res judicata apply to administrative proceedings?

It applies to judicial and quasi-judicial proceedings but it does not apply to purely administrative agency.

Board of Commissioner vs Judge Dela Rosa 197 SCRA 853

Res Judicata does not apply to Administrative Adjudication relative to Citizenship.

Zeta Ngo vs Republic

On question of citizenship, Res Judicata applies if:
1. Resolved by court or administrative authority after full blown-hearing
2. There must be the participation of Solicitor General
3. Decision by administrative body is affirmed by Supreme Court

Other Powers
1. Dispensing power to grant exemption (zoning ordinance)
2. Enabling permit or allow smething which law regulations
3. Examining relation to investigative poweer
4. Directing - assessment
5. Summary compulsion to a property

Next meetingExhaustion of Administrative Remedies.

Exhaustion of Administrative Remedies

This requires that when an admin remedy is provided by law, relief must be sought by exhausting this
remedy before the courts will act. No recourse can be had until all such remedies have been exhausted
and special civil actions against admin officers should not be entertained if superior admin officers could
grant relief.

IMPT: SC has held that exhaustion of admin remedies is necessary ONLY when required by law, and
that ignorance of the existence of such admin remedy is no excuse.

Resort first to appropriate administrative agencies before judicial resort. Appeal must also be made first
to administrative superiors before going to court.

Does the Non-Exhaustion of Admin Remedies Prevent Judicial Review?

GENERALLY, non-exhaustion of admin remedies would prevent judicial review.
 Unless the process of admin decision-making has been completed, a case is not ready for judicial
review.
Exhaustion of admin remedies imports recourse to the highest admin authority.

Does Exhaustion of Admin Remedies Include the Appeal to the President?

Under the system of government that we have, exhaustion of remedies theoretically envisages
appeal from the head of a bureau or office to the department head and finally to the President
of the Philippines.
The Presidents Constitutional Control Power over all departments, bureaus, and offices places
him in a position to reverse, modify, or affirm a decision or ruling by a head of a department
bureau or office.

The progress of an admin case in the ordinary course of law is an upward step-by-step progression to
the office of the President.

Calo v. Fuertes
Withdrawal of an appeal to the President before he could act on it is tantamount to not
appealing at all.
A subsequent petition for certiorari and prohibition cannot prosper because such withdrawal
was fatal, as the appeal to the President is the last step the aggrieved party should take in an
admin case

Dimaisip v. CA
Failure to appeal from a decision of the Sec of Agriculture and Natural Resources to the Pres
does not preclude the plaintiff from taking the case to the court, in view of the theory that the
Sec. is a mere alter-ego of the President.

If the appeal to the Pres is not necessary in order that the case may be taken to court, the highest
admin authority (in this case the Sec) had already spoken.
To require the filing of a formal motion for reconsideration of the decision of the Exec Sec. would
have been a useless formality.

When is appeal to the President indispensable?

Appeal to the President is indispensable where it rests not only upon the power of control of the
President over departments, bureaus, and offices but upon a statute expressly providing for the right of
appeal to the President.

When is appeal to the President NOT indispensable?

1. It is NOT necessary where the statute does not provide so.
2. In these cases, appeal to the President from a decision of a Dept. Head is optional

Distinguish between the Principle of Finality and Exhaustion.

Doctrine of exhaustion is merely one aspect of the broader doctrine of finality which requires
final administrative action as prerequisite of judicial review.
Principle of Finality of admin action is thus broader in scope and application than the doctrine of
exhaustion of remedies.
In GENERAL, the two principles are applied in situations in which a like result could be reached.
In some instances, the doctrine of exhaustion of remedy may not be available in a particular court, but
the lack of finality of admin action may not yet be urged.

What are some of the Reasons for the Doctrine of Exhaustion?

1) If the relief is first sought from a higher or superior admin agency, resort to courts may
prove unnecessary, saving the delay and expense of litigation, and preventing the courts
from being swamped by resort to them in the first place.
2) Deprivation on the part of the Department Secretary to review decision of those under
him or his subordinates.
3) If a mistake is committed in the initial steps of the admin activity or by an admin agency,
it should be given the chance to correct such error, and if such mistake is not corrected
therein, relief may be obtained from the higher admin authorities.
4) The principle of comity and convenience requires the courts to stay their hands until
the admin processes have been completed.
5) Finally, since judicial review of admin actions is usually had through special civil actions,
such proceedings cannot ordinarily lie if there is an appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law.

Assoc Philippine GR 110526

Only decision of admin agencies made in the exercise of quasi-judicial powers are subject to the
principle of exhaustion of administrative remedies.

Smart GR 159108
If what is questioned is the validity or constitutionality, the regular courts may take cognizance.

What are some of the Exceptions to the Doctrine of Exhaustion?

1) Where it plainly appears that the administrative remedy would be of no value and
fruitless, the party seeking judicial relief does not have to complete administrative
procedures before resorting to the courts.
2) When there estoppel on the part of the administrative agency claiming the benefit of the
doctrine.
3) When no administrative action is possible because the question involved is purely a legal
question.
4) When the administrative action for which the relief is sought is patently illegal
amounting to lack of jurisdiction.
5) When there is unreasonable delay or official inaction.
6) When there is an irreparable damage or injury or threat thereof unless resort to the
court is immediately made.
7) When the doctrine of qualified political agency applies.
8) In extreme cases where there is no other plain, speedy, or adequate remedy in the
ordinary course of law.
9) In land case, the doctrine applies ONLY to lands of the public domain in pursuance of
the Public Land Act. The rule is inapplicable to private lands, not even to those acquired
by the Govt by purchase for resale to individuals.
 10) When there are special reasons or circumstances demanding immediate court action.
11) Where the law does not make an administrative remedy a condition precedent to
judicial resort.
12) In cases where the observance of the exhaustion requirement would result in the
nullification of the claim being asserted
13) In case when there is nothing left to be done but to go to court.

What is the Doctrine of Primary Administrative Jurisdiction or Prior Resort?

Resort to court cannot be had if administrative bodies have not yet passed on the issue.

Euromed GR 148706
Yes, the court may motu proprio raise the issue of primary jurisdiction and its invocation cannot be
waived by the failure of the parties to argue it. The court may:
1. Suspend judicial processes pending referral of issues to administrative bodies
2. Dismiss the case without prejudice.

Garcia vs CA GR 100579
Preventively suspended then filed a case for petition for certiorari, prohibition and mandamus. The
administrative proceeding is still ongoing therefore his action is premature. Appeal to CSC is still
available.

Crusaders GR 139583
It prevents a court to take cognizance of a case if there is still a body of special competence.

Doctrine of Finality of Administrative Action

SSS GR 108765
The court action is premature if decision of the lower department was not appealed to the higher
departments.

Effect of Non-exhaustion

Sotto 144 SCRA 166

Jurisprudence is not affected but complaint may be dismissed for lack of cause. However, if no motion
to dismiss was applied, it is deemed a waiver.

Exception:
1. Doctrine of Qualified Political agency (Alter-ego Doctrine)

267 SCRA 589

Denial of MR, there was an action in the guise of the secretary. There was exhaustion of
administrative agency.

Except if the law expressly provide for exhaustion.

GR 103953
 Decision of the DAR Sec cannot be questioned before DARAB because decision of DAR
secretary is appealable to the CA by Petition for Certiorari.

2. Administrative Remedy is Fruitless

Ex. Quo-Warranto proceedings filed within 1 year to question, beyond that, it is fruitless.

3. Estoppel on the part of the Administrative Agency

4. Issue involve is purely a legal question
Castro GR 132174
Question of law and question of fact difference. Petitioner was disputing the penalty imposed. In
that case, direct resort to court.
Espina vs CA GR 97903
Interpretation of a law. Inasmuch the issue involves legal quest
5. Administrative remedy is patently illegal amounting to lack or excess of jurisdiction
6. Unreasonable delay or official inaction
7. Irreparable injury or threat unless the
8. In land cases, where SM is private land
9. When law does not make eoar as judicial precedent
10. Observance of the doctrine result to nullification
11. Special reason or circumstances demanding immediate action

Primary Jurisdiction vs Exhaustion

1. P: concurrent jurisdiction of courts and administrative agency but determination of the case
requires administrative expertise; E: claim recognizable at the first instance at the admin agency.
2. P: court must yield to jurisdiction of admin agency; E: judicial interference is withheld until admin
process is completed.

Judicial Review of Admin Decision

Reexamination and determination of the court as to whether question, act, order is validly issued or not
or whether the

San Miguel vs Sec of Labor

There is underlying power of the court to have jurisdiction over questions of law and decisions of
administrative agencies.

When is Judicial Review Ripe

1. Exhaustion of admin remedies
2. Finality of decision

Court who has jurisdiction under Rule 43 is CA as the appellate court.

Phil Sinter vs CEPALCO GR 127371

Once admin remedies is exhausted, there is no need to go to RTC. Resort shall be to CA or SC. The
admin agencies are co-equal with RTC. Doctrine of Non-interference.

Grounds for reversal of admin findings (CA level)

1. Findings is grounded on speculation or conjectures
 2. Interferences made is impossible
3. Grave abuse of discretion
4. Misapprehension of facts and Mislook material facts
5. Went beyond the case and stipulation
6. Irregular procedures violation of due process
7. Rights of parties are prejudiced
8. Findings are not supported by substantial evidence..

Questions subject to judicial review

1. Question of law
2. Question of fact
3. Mixed question of law and fact

Factual findings of admin agency is conclusive if supported with substantial evidence. Courts are
precluded in reviewing question of fact, except:
1. Provided by law
2. A
3. Error in appreciation of pleadings
4. A

Mixed Question
What purports to be a finding of fact is dependent upon a question of law. Court shall examine entire
records.

Guidelines of power of Judicial Review

Bagsican vs CA 141 SCRA 226

1. Findings of fact is respected if supported with substantial evidence

Biak 193 SCRA 323

1. Findings of officials and admin agencies who have acquired expertise in a particular field or
matter are accorded with respect and finality if supported with substantial evidence

Arboleda vs NLRC gr119509

1. Findings of admin bodies are binding upon the court and may be sustained when no issue of
credibility is raised. When findings do not agree, court should review to determine which is
more conformable to evidence presented.

GR 137473
1. Courts will not interfere in purely admin matters addressed to admin agency unless there is
clear showing of arbitrary, capricious amounting to grave abuse of discretion.

Aguinaldo Doctrine
Being reelected but ordered to be dismissed. Invoked only in admin cases not on criminal case.

In the case of Mayor Binay, they filed a TRO in the CA to stop the preventive suspension. CA granted
the TRO. However in the 2003 circular of the SC, reminded CA judges cannot restrain ombudsman
under RA 6770. No court shall hear any appeal or application of remedy of findings of ombudsman
except SC on questions of law. SC said TRO is necessary to afford adequate protection of constitutional
rights, double jeopardy, court has no jurisdiction over offense, case of persecution not prosecution, no
clear prima facie evidence. Ombudsman argues that grounds is in line with principles of preventive
suspension (documents and witnesses). In appeal made by Binay, he accused the ombudsman of grave
abuse of discretion since transaction occurred when he was still not a mayor. He also invoked Aguinaldo
doctrine. Reelection of a public officer absolves a PO of his previous violations. SC sustained CA.

Ombudsman vs Samaniego
The power of the ombudsman to suspend is encompassing that even CA cannot issue a TRO to stop
this power.

Circular of SC in relation to Binay Case (Aguinaldo doctrine is already abandoned)

January 25, 2017

LAW ON PUBLIC OFFICERS

Branch of law that deals with public office, creation, modification, abolishment of public office and the
qualifications and other matters with regards the public officer.

Public Office is the right, authority, and duty created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure of the appointing power, and individual is invested
with some portion of the sovereign functions of the government, to be exercised by him for benefit of
the public. (Fernandez vs Sto Tomas)

Constitutional Provisions relating public office and public officer (provide the provision)
2. Article 2 Sec 26
3. Article 2 Sec 27
4. Article 11 Sec 1
5. Article 11 Sec 18

Public Officer, Definition

Administrative Code
Duties not being clerical or manual in nature involves the exercise of discretion in relation to the
government office.

Revised Penal Code

Article 203 and Azarcon vs Sandiganbayan take part in the performance of public functions of the
government or perform any public duty as an employee or any and his authority is by direct provision of
law, election, or by appointment by appointing authority.

RA 3019
Includes elective and appointive employees, permanent or temporary, classified, unclassified or exempt
services receiving compensation from the government.
RA 6713 Code of Conduct for Public Officer
Whether or not they receive compensation regardless of amount.

Plunder RA 7080
Public Officer is any person holding any public office by virtue of an appointment, election or contract
between him and the government.

Classification of Public Officers

1. Career Service test of merit and fitness and enjoy security of tenure
2. Non-career Service other than usual test of merit and fitness, limited tenure specified by law
or co-terminous with appointing authority or limited to purpose. Eg Elective Officials including
confidential staff, chairman of commission, contractual, emergency and seasonal workers
3. Career Executive Service requisites:
a) Career Executive Service Eligibility
b) Appointment to CESO rank
Security of tenure pertains only to the rank, not to the office or position to which he is appointed.

Cuevas vs Bacal
A career service personnel can be shifted from one office to another since they are secured in their
rank.

Dimayuga vs Benedicto GR 144153

Appointee does not possess the CES eleigibility, his appointment shall not obtain permanency.

Elements of Public Office

C-AE-PF-Du-CP
1. By the CONSTITUTION or by LAW.
2. AUTHORITY and EXERCISE of sovereign power.
3. POWER and FUNCTION are defined by the Constitution.
4. The DUTIES pertaining are performed independently, without control of superior power
other than law.
5. CONTINUITY and PERMANENCY

CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]

GENERALLY
a. By the CONSTITUTION,
b. STATUTE
c. TRIBUNAL BODY.
OTHERS
a. By the Congress
i. Exigencies of government it is necessary to create and define duties.
ii. An office created by the legislature is wholly within the power of the body. Can
fit and abolish the office.
b. By the PRESIDENT
i. Bureaus, agencies or office in executive department.

Characteristic of Public Office

 1. Public trust
2. Not a vested right
3. Not a property
4. Personal not transmissible to his heirs

Why is a Public Office a Public Trust?

Article 2, Sovereignty resides from the people and emanates from them. All government officials are
accountable to the people at all times.

Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism
and justice, and lead modest lives.

A Public office is not a propertywhen is a public office can be treated as property which
can be protected under the Bill of Rights?
In controversies relating to a question as to who is entitled to the public office (a quo-warranto case).
Prescriptive period is 1 year for appointive position, 10 days after proclamation for elective position.

May a person be compelled to accept a public office?

GR: No.
XPN:
1. Article 2 Section 4, required to render military service
2. Doctrine of Posi commitatus, able bodied citizens to render service to maintain peace and
order.

Modes of Acquiring Title to Public Office

1. Appointment
2. Election
3. Contract

* Relate this to discussion on Plunder.

Appointment
a. It is an act of designation by the executive officer, board, or body to whom that power has been
delegated, of the individual who is to exercises the powers and functions of a given office.
b. It is equivalent to filling a vacancy in an office.
c. It is the nomination or designation of an individual to an office.

The appointed person must be acceptance then the Oath of Office.

Evidence of appointment are commitment papers and the appointing authority should forward to CSC
for attestation.

Requisites for valid appointment

1. Position is vacant
2. Appointing authority must be vested with power to appoint
3. Appointee must possess all appropriate qualification
4. Appointment approved with CSC or confirmed with Commission on Appointments
 5. Appointee must accept the appointment by the oath of office (Garces vs CA)

Revocability of appointment

Mitra vs Somido
General rule is that appointment is not subject to reconsideration or revocation after a complete
appointment.

Ong vs Office of the President

Exeception to the general rule is that the appointment is temporary appointment.

Difference of Appointment and Designation

1. Nature
A: permanency
D: temporary
2. Effect
A: selection to a given office
D: imposition of additional duties of an incumbent official
3. A: Security of Tenure
4. Effectivity
A: Permanency
D: Temporariness

Laxamana vs Orlasa
Where an officer is appointed by the board without the requisite vacancy in the plantilla he may be
removed lawfully as he is only designated.

Laurel vs CSC
For the purposes of Nepotism, Appointment and Designation is the same.

Classes of Appointment
1. Permanent One which is issued to a person who meets all the requirements for the position
including the appropriate eligibility prescribed.
Enjoy security of Tenure and protected by Constitution and Civil Service Law (Pangilinan vs
Maglaya).
2. Temporary Acting appointment, One which is issued to a person who meets all the
requirements for the position to which he is being appointed except the appropriate civil service
eligibility. Revocable at will anytime without necessity of just cause exception is if the temporary
appointment is for a fixed period, the appointment may be revoked upon expiration of the
period or for a valid or just cause.

Cause: Achacoso vs Macaraig prevent of hiatus in the discharge of the government function.

Can a temporary appointment ripen into a permanent?

Maturan vs Maglanang No. it needs another appointment.
Province of Camsur vs CA
Temporary appointment shall not exceed 12 months.

Regular and Ad Interim Appointment

Regular Appointment
Congress in session. Continues until expiration of the term.

Ad Interim
Congress in recess. Expires if COA disapproves.
Nature: Permanent. Enjoys Security of Tenure.

a. These are appointments made by the President while Congress is in recess, thus, the Commission on
Appointments may only deliberate upon such appointments when Congress goes into session

b. The President is usually aided by the Commission on Appointments advice when it comes to
appointments. In case of ad interim appointments, however, the President acts alone and the system of
checks and balances vital to our system of government is not in place

c. Ad interim appointments, however, are necessary due to the existence of situations where there is a
clear and present urgency caused by an impending obstruction or paralysis of the function assigned to
office to be filled if no immediate appointment is made

d. An ad interim appointment is permanent in nature and not a mere temporary or acting

appointment even if it subject to confirmation by the Commission on appointments. However, it may be
recalled or revoked by the President before confirmation

Provisional Appointment
Abolished except for Magna Carta for Public School Teachers.

Difference of Temporary and Provisional Appointment

T: position needed for temporary period
P: prior to the confirmation of CSC
T: 6 months
P: regular position in the meantime
T: meets all requirements except CSC eligibility
P: not qualified but otherwise meets requirement for appointment

Romualdez vs CSC 197 SCRA 168

Holds already a permanent position but accepts a temporary appointment to a higher office. Acceptance
resulted in the termination of the permanent position. So when the temporary position had been
terminated, he cannot compel to be reinstated to his former permanent position.

Tomale vs CSC 238 scra 572

An appointment not submitted to CSC within 30 days from date of issuance shall be ineffective.

Dela Cruz vs CSC

CSC has no authority to revoke an appointment. It constitutes an encroachment of the power vested to
the appointing authority.

City of Manila vs Sobido

The CSC has no authority to inquire to the discretion of the appointing authority. That is the function of
a quo warranto action. However, the CSC may inquire the authority of the appointing officer. if not
possessed, it is invalid.

Opposition to appointment
Mode of action that may be availed of any aggrieved party to contest an appointment. Cause of action
must be a valid. Example:
a. Appointee not qualified
b. Appointee not the next in rank
c. Appointment by transfer, reinstatement or riginal appointment, not satisfied with reason of
appointing authority

Appointee without educational attainment

Aquino vs CSC
The fact that protestant is more qualified in educational attainment does not fall under the requisite of a
valid opposition.

Mantela vs Salvador
Protest cases in the first instance is decided by the department head or appointing authority. (Principle
of exhaustion of administrative remedies)

Concept of Revocation and Recall of Appointment

Revoked any time before confirmation of the CSC by the appointing authority. Recall of appointment by
CSC:
1. Non compliance of procedure
2. Non
3. Violation of
4. Violation of

Election
By the virtue of the mandate of the electorate (Farinas vs Exec Secretary)

Assignment:
Ipso Facto
De Facto Public Officer