ADMINISTRATIVE LAW
CHAPTER 1 b. Government instrumentality – refers to any agency of the
INTRODUCTORY
Administrative law – embraces all the laws that control the
administrative operations of the government
a. Internal administration: considers the legal aspects of
public administration as a going concern
b. External administration: refers to the legal relations
between administrative authorities and private interests
Chief concern of administrative law
The protection of private rights, subject to the mode of exercise of
administrative power and system of reliefs against administrative
action
Kinds of administrative law
a. Statutes setting up administrative authorities
b. Body of doctrines and decisions dealing with the creation,
operation, and effect of determinations and regulations of
such administrative authorities
c. Rules, regulations, or orders of administrative authorities
in pursuance of the purposes for which they were created
or endowed
d. Determinations, decisions, and orders of such
administrative authorities in the settlement of
controversies arising in their particular fields.
The 1987 Administrative Code did not entirely repeal or modify the
Revised Administrative Code and special legislations since what was
only repealed or modified are only those “laws, decrees, orders,
rules and regulations, or portions inconsistent with the Code.”
The two administrative codes are general laws and as between the
codes and special legislation on specific subject matters, the latter
prevails as an exception to the former.
Administrative functions – those which involve the regulation and
control over the conducts and affair of individuals for their own
welfare and the promulgation of rules and regulations to better
carry out the policy of the legislature
Administrative framework
Government of the PH – the corporate governmental entity through
which the functions of the government are exercised which
includes:
a. Government agencies – refers to any of the various units of
the Government.
 It includes a department, bureau, office, instrumentality,
or GOCC, or a local government or district unit.
PRINCESS PEARL B. ENIEGO
National government not integrated within the
department framework, vested with special functions or
jurisdiction by law.
 It is endowed with some if not all corporate powers,
administering special funds, enjoys operational autonomy,
usually through a charter.
 It includes regulatory agencies, institutes and GOCCs.
 An instrumentality is anything used as a means or agency
 It contemplates authority of the State to delegate
governmental power in performing a state function
Government agencies or instrumentality may either be:
1. Incorporated – sometimes with and other times without
capital stock, are vested by law with a juridical personality
distinct from the Republic.
Examples: National Power Corp., PPA, National Housing Authority,
PH National Oil Company, Inc.
2. Non-incorporated – not vested with a juridical personality
distinct from the Republic, endowed by law with some if
not all corporate powers.
When the statutory term expires, its duties and functions,
assets and liabilities revert back to or is assumed by the Republic of
the PH in the absence of a law specifying other disposition.
Examples: Sugar Regulatory Administration (non-incorporated
agency, neither a GOCC but an agency under the Office of the
President.
Chartered institution – any agency organized or operated under a
specific charter, vested with functions relating to specific
constitutional policies or objectives.
It includes state universities and colleges, and the monetary
authority of the state.
Administration – public officers/employees performing duties and
exercise the powers in the administrative set-up of the government.
It refers to the aggregate of the persons in whose hand the reins of
the government are for the time being.
Creation and abolition of agencies
Public office – refers to 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, an individual is
invested with some portion of the sovereign functions of the
government.
It includes administrative agencies, boards and commissions.
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A public office refers to either of two (2) concepts, as a:
a. Functional unit of the government (department or bureau)
b. Position held/occupied by individual persons whose
functions are defined by law or regulation.
Public office is a public trust or responsibility, and embraces the
idea of term, duration, emoluments, powers and duties. All of which,
taken together, constitute a public office.
Creation of a public office
It is created by the Constitution, by law, by an officer or tribunal
delegated with power by the legislature.
Its creation is primarily a legislative function. However, there are
offices created by the Constitution. (Examples)
The legislature may decide what offices are suitable, necessary, or
convenient.
When in the exigencies of the government it is necessary to create
and define duties, the legislative department has the discretion to
determine whether additional offices shall be created, attached to
and become ex-officio duties of existing offices.
Power to reorganize includes the power to create or abolish
offices
It is usually practiced by the legislature. However, it is delegated to
the President or to another executive body.
Means of delegation by authorizing reorganization
 The process of restructuring the bureaucracy’s
organizational and functional set-up, making it more
viable in terms of the economy, efficiency, effectiveness
and responsive to the needs of its public clientele as
authorized by law
 Means by which the legislature reorganizes or abolishes
offices, directly or indirectly, by authorizing an executive
department or agency to reorganize its office.
Why Administrative Agencies Exist
Administrative agencies – government bodies charged with
administering or implementing particular legislation.
1. Unclog court dockets
They lessen the burden of courts in resolving all controversies
2. Meet the growing complexities of modern society
PRINCESS PEARL B. ENIEGO
The problems of modern society ha multiplied. Hence,
administrative agencies are established to promptly cope up with
such problems.
3. Help in the regulation of ramified activities of a developing
country
4. Entrust to specified fields with their special knowledge,
experience, and capability in dealing with the problems
thereof.
Classification of administrative agencies
1. Offering some gratuity, grant or special privilege
2. Seeking to carry certain governmental functions
3. Performing business service for the public
4. Regulating business affected with public interest
5. Seeks under the police power to regulate private business
and individuals
6. Adjusting individual controversies due to some strong
social policy involved
7. Conduct investigations and gather evidence for information,
recommendation or prosecution of crimes.
CHAPTER 2
POWERS OF ADMINISTRATIVE AGENCIES
There is a need to allocate the different powers of the government
to prevent any concentration of power in one department.
Concepts to study:
a. Separation of powers – one branch is not to invade the
domain of the other
b. System of checks and balances – no one branch can act
without any participation or check from the other
branches
Doctrine of separation of powers
It prohibits the delegation of legislative power, vesting judicial
officers with non-judicial functions or investing of non-judicial
officers with judicial powers
Administrative agencies fall under the executive department.
Granted by the legislature with the following powers: ( J A I L E )
a. Judicial
b. Administrative
c. Investigatory
d. Legislative
e. Executive
This is an exception to the general rule of delegation of power
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Two (2) most important powers of administrative officers:
1. Quasi-legislative – enables them to promulgate
implementing rules and regulations
2. Quasi-judicial – enables them to interpret and apply such
regulations
Powers of administrative agency liberally construed
Why?
1. To discharge their assigned duties in accordance with the
legislative purpose or intent
2. To uphold the purpose of why the agency was created
including those incidentally necessary to a full
implementation of the legislative intent
Powers categorized
processes and other means essential to make its jurisdiction
effective.
Q: Why grant government agencies judicial or quasi-judicial
powers?
A: So that its rules of procedure may be carried out while invoking
its jurisdiction. It comes with it the power to issue and promulgate
rules of procedure for the exercise of its adjudicatory powers.
In case there is no prescribed method to be followed, they may
adopt any reasonable method to carry out its functions.
MINISTERIAL & DISCRETIONARY POWERS
Ministerial duty – it is one which is clear and specific s to leave no
room for the exercise of discretion in its performance. It does not
require neither the exercise of official discretion or judgment.

1. Express or Implied Discretionary act – one which an officer/tribunal performs in a

2. Discretionary or Ministerial
given state of facts, in a prescribed manner, in obedience to the
3. Directory or Mandatory
mandate of legal authority, without regard to the existence of his
EXPRESS & IMPLIED POWERS own judgment, upon the propriety or impropriety of the act done

“Public officials possess powers, not rights.” Ministerial duty vs. discretionary power

It means there must be a grant of authority, whether express or Ministerial duty Discretionary power
implied, to justify any action taken by them. - one which is so clear and - by its nature, requires exercise
specific s to leave no room for of judgment
the exercise of discretion in its
A public official exercises power within the law which grants it. The
performance
government is merely an agency through which the will of the state - officer/tribunal performs in a - law imposes a duty a public
is expressed and enforced. Its officials are agents entrusted with the given state of facts, in a officer and gives him the right to
responsibility of discharging its functions. There is no presumption prescribed manner, in decide how and when the duty
that they are empowered to act, there must be a delegation of such obedience to the mandate of shall be performed
authority. legal authority, without regard
to or the existence of his own
Constitutional officials derive their power to act in the fundamental judgment, upon the propriety of
the act done
law itself.

An administrative officer has only such powers as are expressly

Q: Why is it important to distinguish said powers?
granted to him and those necessarily implied in the exercise thereof.
A: To determine what remedy may be availed of by an aggrieved
Grant of jurisdiction & what is implied
party against non-performance of duty by the officer.
Jurisdiction to hear and decide cases – it is conferred by the
REMEDIES
Constitution or statute. It cannot be conferred by the Rules of Court
Ministerial Discretionary
Mandamus Petition for certiorari
Jurisdiction over the subject matter – it cannot be fixed by the
parties, acquired through, or waived, enlarged or diminished by, any
act or omission Discretionary power

Jurisdiction cannot be implied from the language of the statute, in
the absence of a clear legislative intent to that effect.
The grant of judicial or quasi-judicial power to try actions carries
with it all necessary and incidental powers to employ all writs,
Discretion is the faculty conferred upon an official by which he may
decide a question either way and still be right. It requires the
exercise of judgment.

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Q: A discretion entrusted to a public officer may not be delegated.
Why?
A: A presumption exists that he was chosen because he was deemed
fit and competent to exercise that judgment and discretion.
Exception: Power to substitute another in his place has been given
Discretion means sound discretion exercised not arbitrarily or
wilfully, with regards to what is right and equitable under the
circumstances and law.
MANDATORY & PERMISSIVE DUTIES and POWERS
It depends upon the kind of statute which granted such power.
Statutes can either be mandatory or directory.
Q: Why distinguish?
A: What effect should be given to the mandate of a statute
Mandatory statute – statute which commands either positively that
something be done or performed in a particular way, or negatively
that something be not done, leaving the person concerned no choice
on the matter except to obey.
 It contains words of command or of prohibition.
 Omission to follow renders the proceeding to which it
relates illegal and void; violation of which makes the
decision invalid
 Court or quasi-judicial tribunal has no power to distinguish
between material and immaterial breach
 What the law decrees must be obeyed against pain of
sanction or declaration of nullity of what is done in
disregard.
Directory statute – statute which is permissive or discretionary in
nature and merely outlines the act to be done in such a way that no
injury can result from ignoring it or that its purpose can be
accomplished in a manner other than that prescribed and
substantially the same result obtained.
 A statute merely operating to confer jurisdiction upon a
person according to the dictates of his own judgment or
conscience
 Non-performance will not vitiate the proceedings but will
still sanction the officer to discretionary or administrative
sanctions.
Q: How to determine if it’s mandatory or discretionary?
A: No universal rule or absolute test.
The primary object: ascertain legislative intent from all the
surrounding circumstances.
PRINCESS PEARL B. ENIEGO
 Consideration is given to the entire statute, its object,
purpose, legislative history and consequences from
construing it with other related statutes.
Test to determine nature of statute and that of power
To ascertain the consequences that will follow in case what the
statute requires is not done or what it forbids is performed.
Errors in Exercise of Powers
“The government can do no wrong.”
Why? It only authorizes legal acts by its offices. The errors made by
them are not errors or acts of the government.
The government is not estopped by the mistakes of its officers. It
can subsequently correct the mistake or erroneous application of
the law. A person acquires no vested right in such a mistake.
Note: Presumption of regularity
CHAPTER 3
POWER OF CONTROL, SUPERVISION & INVESTIGATION
The President is considered the Chief Administrative Officer even
though such has not been expressly stated in the Constitution. It is
by reason of his being Chief Executive and head of government.
Administrative agencies/bodies that exercise administrative,
investigative, rule-making and quasi-judicial powers are parts of the
executive department.
Administrative powers of the President can be implied from his
executive power.
Marcos vs. Manglapus
As provided in Art. VII, Sec.1 of the 1987 Constitution, the executive
power shall be vested in the President of the Philippines. In the
same article, it touches certain powers of the President.
Issue: Did the framers of the 1987 Constitution intend that the
President exercise those specific powers enumerated? Is it the
breadth and scope of executive power?
Ruling: Such is not the case. It is inaccurate to say that the executive
power is only the powers to enforce the laws for the President is the
head of state and head of the government and whatever powers
inhere in such positions pertain to the office unless the Constitution
itself withholds it.
Although the Constitution imposes limitations, it maintains intact
what is traditionally considered within the scope of executive
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power. The executive power is more than the sum of specific powers
so enumerated.
President’s power of control
This means his power to alter, modify or nullify or set aside what a
subordinate officer had done in the performance of his duties and to
substitute his judgment of the latter. This extends to all executive
officers.
This power of control can be traced to Sec. 17, Art. VII of the 1987
Constitution which provides, “President shall have control of all the
executive departments, bureaus and offices. He shall ensure that
laws be faithfully executed.”
The President’s power of control implies his right to interfere in the
exercise of such discretion vested by law in the officers of the
executive department, bureaus, or offices of the national
government, as well as to ac in lieu of such officers.
Araneta vs. Gatmaitan
The President issued an EO banning fishing by trawl. It is the
Secretary of Agriculture, not the President, was the official
authorized by Congress to issue rules and regulation in
implementing such ban.
Issue: Whether the President is empowered to do so
Ruling: Since the Secretary of Agriculture was empowered to
regulate or ban fishing by trawl, the President, in the exercise of his
power of control, can take over from such authority.
The President’s power of control means that it can amend, modify
and even supplant entirely different set rules normally done by his
cabinet secretary, head of a bureau or agency.
Under the Constitution, all executive and administrative
organizations are adjuncts (assistant or aide) of the executive
department. Meaning, the heads of the various executive
departments are assistants and agents of the chief executive
 They act as alter egos of the President and whatever acts
done by them in the regular course of business, are pre-
emptively acts of the Chief executive.
 Heads of the executive departments occupy political
positions and hold office in an advisory capacity and
should be the President’s bosom confidence.
Doctrine of qualified political agency
The President cannot exercise his power of control simultaneously
hence, there is a need to delegate some to his Cabinet members.
PRINCESS PEARL B. ENIEGO
Under the doctrine, all executive and administrative organizations
are adjuncts of the executive departments; heads of executive
departments are assistants and agents of the Chief Executive.
Exception: Chief Executive is required by the Constitution or law to
act in person or the exigencies of the situation demand that he act
personally.
The executive and administrative functions are performed through
the executive departments, and acts of their Secretaries are pre-
emptively acts of the Chief Executive. Provided, it is performed and
promulgated in the regular course of business. Provided further, it is
not disapproved or reprobated by the Chief Executive.
The acts of a department Secretary are presumed to be acts of the
President.
By Authority of the President
The Executive Secretary or his Deputy or Assistant Executive
Secretary or any cabinet member who, acts and signs, “By Authority
of the President,” acts not for himself but for the President
The Executive Secretary’s personality is in reality but the projection
of that of the President. His acts are not subject to review by the
courts (separation of powers), absent any showing that the
President acted with grave abuse of discretion amounting to lack or
excess of jurisdiction.
Also, by this authority, he can modify, alter, or set aside acts or
rulings of a department secretary as he acts for and on behalf of the
President.
Limitations on the President’s control power
The power of control does not include:
1. Abolition or creation of an executive office
2. Suspension or removal of career executive
officials/employees without due process of law
3. The setting aside, modification, or supplanting of decisions
of quasi-judicial agencies, including that of the Office of
the President, on contested cases that have become final.
Note: All acts of the executive and administrative office or agency,
other than final decisions rendered in the exercise of its
adjudicatory power in contested cases, are subject to the
President’s power of control.
General rule: An erroneous construction of a law by an
administrative or executive officer whose duty is to enforce it may
not give rise to a vested right nor estop the government by such
mistake. .
Exception: A person in good faith complies with what the law
requires. The principle of justice and good faith dictate operate.
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General rule: The President’s power of control applies to acts of a
subordinate official and not to the official who performs the acts.
Exception: Officials who serve at his pleasure (Cabinet Secretaries)
Ang-Angco vs. Castillo
The President’s power of control may extend to the power to
investigate, suspend or remove officers/employees who belong to
the executive department if they are:
1. Presidential appointees
2. do not belong to the classified service
This is justified under the principle that the power to remove is
inherent in the power to appoint.
Note: Pending investigation of an administrative complaint against
a presidential appoint who is a career officer, the President or
cabinet secretary may detail said officer to any other executive
office, so long as it does not amount to an imposition of disciplinary
action.
Non-application of the President’s power of control
The President’s power of control does not apply to reviewing,
modifying or setting aside a decision of a subordinate official in the
exercise of his quasi-judicial power after the decision has become
final.
Why? Public interest requires that proceeds already terminated
should not be altered at every step.
Camarines Norte Electric Cooperative, Inc. vs. Torres
The rule stated above extends to a decision of the Office of the
President that has become final. It can no longer reconsider or
modify its final decision as it has:
1. Lost its jurisdiction
2. Re-opening and modifying would amount to gross
disregard of the rules and basic legal precept with regards
to finality of administrative determinations.
President’s power of supervision
Since the President is given the power of control over all executive
departments, bureaus and offices, there is an implication that he
may not have power over agencies not under the executive
department.
However, he is given the power of supervision, which is only
overseeing or the power to see that the officials concerned perform
their duties.
Rodriguez vs. Montinola
PRINCESS PEARL B. ENIEGO
The power of general supervision may not be interpreted that the
President or his alter ego, such as the Secretary of Finance, to direct
the form and manner which local officials shall perform or comply
with their duties.
Taule vs. Santos
The Presidential power over local governments is limited by the
Constitution to the exercise of general supervision to ensure that
the local affairs are administered according to law.
Hence, the President cannot interfere with local governments as
long as its officers act within the scope of their authority. The
Administrative Code limits its authority to merely “monitoring
compliance” by local government units of such issuances.
To monitor means “to watch, observe or check”
Supervision, Review and Control
Supervision – means overseeing or the power or authority of an
officer to see that their subordinate officer perform their duties.
The power of control includes the power the alter, modify or nullify
or set aside what a subordinate officer had done in the performance
of his duties and substitute judgment.
However, in supervision, it is a lesser power than control. It does
not allow the superior to annul the acts of the subordinate. What he
can do only is to see to it that the subordinate performs his duties in
accordance with the law.
Review – it is a reconsideration or re-examination for purposes of
correction.
If correction is necessary, it must be done by the authority
exercising control over the subordinate or though the
instrumentality of the courts of justice.
The power of review is exercised to determine whether it is
necessary to correct the acts of the subordinate. This includes the
power to disapprove but it does not carry the authority to
substitute one’s own preferences over that of the subordinate.
Scope of supervision and control (1987 Administrative Code)
PLEASE CONTINUE!!!!!
CHAPTER 4
QUASI-LEGISLATIVE POWER
A. IN GENERAL
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Legislative power – the power to make, alter and repeal laws a. Executive orders – rules of a general or permanent character
in the implementation or execution of constitutional or
statutory powers
b. Administrative orders – particular aspects of governmental
PLENARY subject to the limitations found in the Constitution operations in the pursuance of his duties as administrative
head
Examples:
c. Proclamations – fixing a date or declaring a statute or
1. initiative and referendum condition of public moment or interest upon the existence
of which the operation of a specific law or regulation is
Initiative – propose, initiate a statute or constitutional amendment made to depend
d. Memorandum orders – matters of administrative detail
Referendum – statute passed by legislature to the ballot so that votes an enact or repeal
which concern a particular officer or office of the
the measure
government for internal administration, information or
2. increase appropriations recommended by the President for the operation of compliance
the government e. General or specific orders – capacity as Commander-in-Chief
of the AFP
Essential feature of the legislative function:
Delegation of legislative power to the Supreme Court
a. Determination of the legislative policy
b. Formulation and promulgation as a defined and binding SUPREME COURT repeal procedural laws; parts of statutes
rule of conduct
concerning procedural aspects can be
modified by the SC (rule-making powers)
Doctrine of separation of power prohibits the delegation of purely
legislative power.
Power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleadings, practice and
The congress cannot relieve itself of the duty or responsibilities
procedure in all courts, the admission to the practice of law
requiring its own judgment, wisdom and patriotism by delegating
its power to other agencies.
Rule-making power
This is based on the principle that the delegated power constitutes
“No law shall be passed increasing the appellate jurisdiction of the
not only a right but a duty to be performed.
SC as provided in this Constitution without its advice and
concurrence.”
DELEGATION is made to:
Found in Sec. 5 (5) of Art VIII of the Constitution and Sec. 30 of Art.
1. President
2. Supreme Court VI of the Constitution
3. Local Government Unit (LGU)
Delegation of legislative power to local governments
Delegation to the President
The Constitution and legislative bodies gave LGUs:
1. Sec. 23(2) of Article VI of the 1987 Constitution
“The power to create its own sources of revenues and to levy taxes,
In times of war, the Congress may authorize the President for a fees, and charges subject to such guidelines and limitations as the
limited period to exercise powers necessary and power to carry out Congress may provide, consistent with the basic policy of local
a declared national policy. autonomy.”

2. Sec. 28 (2) of Article VI of the 1987 Constitution Local legislative power shall be exercised by:

The Congress may authorize the President to impose tariff rates, 1. Sangguniang panlalawigan: province
import and export quotas, tonnage and wharfage dues, and others 2. Sangguniang panlungsod: city
3. Sangguniang bayan: municipality
within the framework of the national development program of the
4. Sangguniang barangay: barangay
government.
Sangguniang Barangay (Barangay)
3. Certain ordinance powers (Administrative Code of 1987)
It is the smallest legislative body.
Presidential issuances

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 ADMINISTRATIVE LAW
 Review: sangguniang bayan/panlungsod which shall take circumstances privileges and duties by an
action within 30 days from submission administrative agency resulting
 Inaction: deemed approved in a decision or order which
 If inconsistent with law or city/municipal ordinance: applies to specific
returned for adjustment, amendment, or modification situations/persons or entities;
premised on a finding of facts or
(effectivity is suspended)
on a report of its inspector on
which the order is based
Sangguniang Bayan (Municipality) Rules and regulations have
general applicability to
 Affirmative vote of a majority of the members present and implement its purely
voting (quorum) administrative policies and
 Submitted to the municipal mayor: within 10 days shall functions
approve or veto. If not returned: approved An action in the form of a An action which results from
 Override the veto: 2/3 votes of all its members general rule for the future to investigation, declaration and
 Approved ordinance: to be reviewed by the sangguniang govern the public at large enforcement of liabilities asthey
panlalawigan within 30 days (action is final) stand on present or past facts
 Inaction: presumed consistent with law hence valid and under existing laws

Sangguniang Panlungsod (City)

 Affirmative vote of a majority of the members present there
being a quorum
 Submitted to the city mayor within 10 days approve or veto.
If not returned: approved
 Override the veto: 2/3 votes of all its members
 Approved ordinance of component city: to be reviewed by
the sangguniang panlalawigan within 30 days
Sangguniang Panlalawigan (Province)
 Vote of s majority of the members present (quorum)
 Forwarded to the governor: within 15 days approve or veto.
If not returned: approved
 Override the veto: 2/3 votes of all its members
Prohibition of delegation of legislative power: The delegation of
powers STRICTLY or INHERENTLY and EXCLUSIVELY legislative.
(Examples)
Those pertaining to what the law shall be, to whom it may be
applied, or what acts are necessary to effectuate the law.
Quasi-legislative (rule-making) power – power to make rules and
regulations resulting in delegating legislation within the confines of
the granting statute and the doctrine of non-delegability and
separability of powers
The rules and regulations that administrative agencies promulgate
should be within the scope of the statutory authority granted by the
legislature. It must conform and be consistent with the enabling
statute.
When conflict arises between the statute and an administrative
agency, the former prevails.
Quasi-judicial (administrative adjudicatory) power – the power to
hear and determine questions of fact which the legislative policy is
to apply and to decide in accordance with the standards laid down
by the law itself.
It exercises this power when it performs in a judicial manner an act
which is essentially of an executive or administrative nature where
the power to act is incidental to or reasonably necessary for the
performance of the executive or administrative duty entrusted to it.

The power to declare lies the difference between government by In carrying out their quasi-judicial functions, the administrative
legislation and government by bureaucracy. officers or bodies are required to investigate or ascertain the
existence of facts, hold hearings, weigh evidence and draw
Quasi-legislative power vs. Quasi-judicial power conclusions from them as basis for their official action.

Distinction: character in the proceedings rather than the character of In questioning the validity or constitutionality of a rule or
the body conducting the proceedings. regulation issued by an administrative agency, a party need not
exhaust administrative remedies before going to court. –principle
Illustration: A body acting in a legislative capacity having judicial
applies only pursuant to its quasi-judicial function not to its rule-
power does not change the character of the legislative act.
making or quasi-judicial power
QUASI-LEGISLATIVE QUASI-JUDICIAL
Doctrine of primary jurisdiction
(rule-making power) (adjudication)
Act operates in the future rather Adjudication – means a
than on past transactions and determination of rights,

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 ADMINISTRATIVE LAW
This applies only where the administrative agency exercises its
quasi-judicial or adjudicatory function. Hence, in cases involving
specialized disputes, the practice is to refer it to an administrative
agency of special competence.
The courts will not determine a controversy which is within the
jurisdiction of the administrative tribunal.
Objective of the doctrine: to guide the court in determining whether
it should refrain from exercising jurisdiction until after an
administrative agency has determined some question arising in the
proceeding before the court.
The judicial process is suspended pending referral of such issues to
the administrative body for its view.
However, when it is the validity or constitutionality of a rule or
regulation issued by the administrative agency in the performance
of its quasi-legislative function, regular courts have jurisdiction.
Right to notice and hearing distinguishing feature
Quasi-legislative (rule-making) power
Issuance of rules and regulations in the exercise by an
administrative agency of its quasi-legislative power does NOT
require notice and hearing.
Quasi-judicial (administrative adjudication) power
Adjudication of controversies requires notice and hearing or at least
the opportunity to be heard on the part of the affected person as a
prerequisite for the validity of its decision.
Illustration: The Central Bank of the Phils. vs. Cloribel
Necessity of notice and hearing in an administrative proceeding
depends on the character of the proceeding and the circumstances
involved.
General rule: Notice and hearing are not essential to the validity of
administrative action where the body acts in the exercise of
executive, administrative or legislative function.
But if in a judicial or quasi-judicial matter, the acts are particular
and immediate rather than general and prospective, the person
whose rights or property may be affected by the action
Kinds of rule-making power
Three types of rule-making powers of administrative agencies
1. Rule-making by reason of particular delegation of authority -
power to issue rules and regulations which have the force
and effect of law.
PRINCESS PEARL B. ENIEGO
2. Rule-making by the construction and interpretation of a
statute being administered - power to interpret and
construe statutes entrusted to them for implementation
Interpretation is of three (3) kinds:
a. interpretation as an incident of the execution of a law
b. interpretation handed down by the Secretary of Justice
upon request of a government agency or official
c. interpretation in adversary proceedings
3. Determination of facts under a delegated power as to which
a statute shall go into effect – refers to the ascertainment
of facts which will form the basis for the enforcement of a
statute
B. DELEGATION OF LEGISLATIVE POWER
Delegation of legislative power – refers to the grant of authority by
the legislature to administrative agencies to issue rules and
regulations concerning the law entrusted to them for
implementation may be enforced
This delegated authority to issue rules and regulations to carry out
the provisions of the stature is called the power of subordinate
legislation.
The power of subordinate legislation allows administrative agencies
to implement broad policies laid down in a statute by “filling in” the
details which the Congress may not have the opportunity or
competence to provide. (supplementary regulations: have the force
and effect of law)
Q: Why does the legislature delegate its power?
A: Due to the following reasons –
a. Increasing complexity of the task of the government
b. Growing inability of the legislature to cope directly with the
myriad problems demanding its attention
c. Growth of society ramifying its activities and creation of
peculiar and sophisticated problems that the legislature
cannot be expected reasonably to comprehend
d. Legislature may not have the competence to provide the
required, direct and specific solutions which are expected
from its delegates who are expects in particular fields
assigned to them
What cannot be delegated
It is the delegation of powers purely legislative in nature –
a. Power to make the law, determine what the law shall be
and to alter or repeal it.
b. Power to declare whether or not there shall be a law to
determine the purpose/policy to be achieved by the law or
to fix the limits within which the law shall operate
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c. Essentials of legislative functions: determination of
legislative policy and its formulation and promulgation
What may be delegated
The legislature can delegate the following:
1. Discretion as to hoe the law shall be enforced
2. To issue rules to fill in details
3. To ascertain facts on which the law will operate
4. To exercise police power
5. To fix rates
Note: The delegation has to pass the completeness and sufficiency
of standard tests (Tatad vs. Secretary of the Department of Energy)
Two tests have been developed to determine whether the
delegation of the power to execute laws does not involve the
abdication of the power to make the law itself.
a. Completeness test – the law must be complete in all its terms
and conditions that when it reaches the delegate, the only
thing he will have to do is to enforce it.
A statute is complete when the subject, the manner, and the extent
of its operation are stated in it.
Test of completeness: whether the provision is sufficiently definite
and certain to enable one to know his rights and obligations –
describes what must be done, who must do it, and the scope of his
authority.
b. Sufficient standard test – there must be adequate guidelines
or limitations in the law to map out the boundaries of the
delegate’s authority and prevent the delegation from
running riot.
The legislature must fix the legal principles which are to control by
setting up standards or guides to indicate the extent and prescribe
the limits of the administrative agency’s discretion.
The standard may be:
a. Express – standard may be found within the framework of
the statute under which the act is to be performed
b. Implied – inhere in its subject matter or purpose, and a
clearly defined field of action may implicitly contain the
criteria which must govern the action
These tests are intended to prevent a total transference of
legislative authority to the delegate.
The standard must be reasonably adequate, sufficient, and definite
for the guidance of the administrative agency and must also be
sufficient to enable those affected to know their rights and
obligations.
PRINCESS PEARL B. ENIEGO
There is no uniform application of the standard
Whether a standard is sufficient or adequate depends upon the
nature of the statute involved, the issues raised, and the facts
obtaining.
The sufficiency of standard is determined by the power exercised
and the nature of the right restricted thereby.
As a rule, general standards are sufficient for a valid delegation of
police power, but are inadequate as basis for a valid delegation of
the power to implement other statutes.
Standard fixed cannot be enlarged nor restricted.
Where the law sets the standards by which the delegate may
exercise delegated power, the executive or administrative agency
concerned cannot add thereto and justify the exercise of the
delegated power as the basis of all such enlarged standards.
Illustration: Tatad vs. Secretary of the DOE
When standard insufficient
When a statute prescribes no or inadequate standard for the
exercise of a delegated legislative power and the rules issued by an
administrative agency to implement the law are null and void, since
Congress abdicated its legislative power.
Illustration: Sec. 1 of E.O. 626A
Two (2) usual issues with delegation
1. Against the delegating statute itself – refers to whether or
not the requisites of valid delegation are present
(completeness + sufficient standard) If any one is absent,
the statute making the delegation is unconstitutional
2. Against the exercise of the delegated power – pertains to
whether or not the rule or regulation conforms with what
the statute provides and whether the same is reasonable.
If the rule expands or restricts the statute or is unjust or
unreasonable, the same is invalid.
Rules or regulations, generally.
Rules and regulations are the product of subordinate legislation.
They are valid and have the force and effect of law.
In order to be valid, it must be germane to the objects and purposes
of the law, conform to the standards that the law prescribes, must
be reasonable and must be related solely to carrying into effect the
general provisions of the law.
The rules must not contradict the law, but must conform to the
standard it prescribes. The rules must be limited to what the law
provides.
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A rule is binding on the courts so long as the procedure fixed for its
promulgation is followed and its scope is within the statute granted
by the legislature, even if the courts do not agree with the policy
stated therein or its innate wisdom.
Regulations cannot restrict nor enlarge the law
Fundamental rule: implementing rules cannot add to or distract
from the provisions of the law it is designed to implement.
Administrative regulations must be in harmony with the provisions
of the law which they are intended to carry into effect. The issuance
of an administrative rule or regulation must be in harmony with the
enabling law.
If a discrepancy occurs between the basic law and an implementing
rule or regulation, the former prevails since the law cannot be
broadened by a mere administrative issuance.
Official powers cannot be merely assumed by administrative
officers, nor can they be created by the courts in the exercise of
their judicial functions.
Administrative regulation is intended to supplement the law hence
it cannot prevail against the law itself as the Court has interpreted
it. The delegate cannot contradict the law from which the
regulations derive their very existence
Rules must be reasonable
Illustration: Lupangco vs. CA
PRC issued a resolution (Res. No. 105) prohibiting the use of any
review material three days immediately preceding every
examination day.
Why unconstitutional? Infringes the right to liberty guaranteed by
the Constitution and it violates the academic freedom of schools
Rules constituting an offense
Administrative bodies have the authority to issue administrative
regulations which are penal in nature where the law itself makes
the violation of the regulation punishable. The regulations may then
validly spell out the details of the offense.
A law which empowers an administrative agency to issue rules and
regulations which does not provide that violation of such rules shall
be unlawful and punishable or even if it does, it does not prescribe
the penalty for such violation, the administrative agency has no
power to penalize violation of its rules and regulation. The making
of an act a crime is purely legislative, which the legislature cannot
delegate.
When rules take effect
PRINCESS PEARL B. ENIEGO
See Sec. 2 of the Civil Code and Sec. 18 Book 1 of the 1987
Administrative Code
Q: Why do laws have to be published?
The purpose is to inform the public of its contents.
Q: What need not be published?
Interpretative regulations and those merely internal in nature –
regulating only the personnel of the administrative agency (LOI)
Apart from publication, it is also required that the rules and
regulations be filed with the U.P. Law Center of the University of the
Philippines (Chapter 2 of Book VII of the 1987 Administrative Code)
Delegation to ascertain facts
Congress may delegate to the agency the power to ascertain facts as
basis to determine when a law may take into effect or whether a law
may be suspended or come to an end.
This is not delegation of what the law shall be, but how the law will
be enforced, which is permissible.
To be valid, the law delegating the power must provide the
standard, fix the limits within which the discretion may be
exercised, and define the conditions therefor. Absent these
requirements, the laws and rules issued are void, being an undue
delegation of legislative power.
Prohibition against re-delegation; exceptions
Doctrine of potestas delegate non delegari protest – What has been
delegated cannot be delegated.
The delegated power constitutes not only a right but a duty to be
performed by the delegate of his own judgment and not through the
intervening mind of another.
The further delegation would negate the duty in violation of the
trust reposed in the delegate mandated to discharge it directly.
This rule is particularly applicable where the power is discretionary.
Subdelegation allowed
Subdelegation has been justified by sound principles of
organization which demand that those at the top be able to
concentrate their attention upon the larger and more important
questions of policy and practice.
This does not prohibit the administrative agency to use the aid of
subordinates to investigate and report to him the facts, on the basis
of which the officer makes his decision.
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It is sufficient that the judgment and discretion finally exercised are
those of the officer authorized by law.
There is no abnegation of responsibility of the officer concerned as
long as the actual decision reaminds with and is made by said
officer.
Delegation of rate-fixing power
Rate-fixing is a power given to administrative agencies to fix the
rates which public utility companies may charge to the public.
The delegation may be sustained only if some standard for its
exercise is provided and that there is a prescribed manner of the
exercise of the delegated power.
The statute delegating such power must be complete and must fix a
sufficient standard.
The only standard to prescribe for the guidance of the
administrative agency is that the rate be REASONABLE and JUST. IN
the absence of an express requirement as to reasonableness, the
standard may be implied.
In the exercise of the rate-fixing power given, the agency is limited
by the requirements of public safety, public interest, reasonable
feasibility and reasonable rates.
Rate fixing: quasi-legislative or quasi-judicial; when hearing
required
The function of prescribing rates may either be legislative or an
adjudicative function.
Legislative function: not necessary
Q: When is it quasi-legislative?
A: rules or rates apply to apply to all enterprises of a given kind
throughout the PH; acts are particular and immediate; rights and
property may be affected by the action
Juasi-judicial function: necessary; meant to apply exclusively to a
particular party
Q: When is it quasi-judicial?
A: it applies exclusively to a named entity and are predicated upon a
finding of facts
The question as to whether the issuance of a rule or order requires
prior notice and hearing depends upon the nature of the power
exercised – quasi-judicial or quasi-legislative.
PRINCESS PEARL B. ENIEGO
General rule: Notice and hearing are not essential to the validity of
administrative action where the administrative body acts in the
exercise of executive, administrative, or legislative functions
Power to fix rate cannot be re-delegated
Why? Protestas delegata non delegari protest (What has been
delegated cannot be delegated)
Exception: in the absence of a law authorizing it
C. CONTEMPORARY CONSTRUCTION
Administrative rule vs. Administrative interpretation
Q: When is a rule considered a law and when is it a mere
interpretation of the law?
Administrative rule – as an exercise of its rule-making power
delegated by the legislature; it has the force and effect of a valid law
A rule is binding on the courts as long as the procedure fixed for its
promulgation is followed and its scope is within the statutory
authority granted by the legislature even when the courts are not in
agreement with the policy.
Administrative interpretation – It renders an opinion or gives a
statement of policy; merely interprets a pre-existing law; it is
merely advisory for it is the courts that finally determine what the
law means
Since it is merely advisory, it is the courts that finally determine
what the law means. Hence, it may be set aside by the judicial
department if there is an error of law, abuse of power, lack of
jurisdiction or gave abuse of discretion
Executive construction, generally, kinds of
Contemporaneous construction – construction placed upon the
statute by an executive or administrative officer called upon to
execute or administer such statute.
It necessarily calls for the interpretation of ambiguous provisions.
Q: Why the need for such construction?
A: To interpret ambiguous provisions and also they are the very first
officials to interpret the law, preparatory to its enforcement.
The interpretations are in the form of rules and regulations,
circulars, directives, opinions and rulings.
Three (3) types of executive interpretations of the law
1. Construction by an executive or administrative officer
directly called to implement the law
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It may be express or implied.
Express – interpretation embodied in a circular, directive or
regulation
Implied – a practice or mode of enforcement of not applying the
statute to certain situations or if applying it in a particular manner;
interpretation by usage or practice
2. Construction by the Secretary of Justice in his capacity as the
chief legal adviser of the government
It is in the form of opinions issued upon request of administrative
or executive officials who enforce the law.
In the absence of judicial ruling and reprobated by the President,
opinions of the Secretary of Justice are generally controlling among
administrative and executive officials of the government.
Note: The President or the Executive Secretary has the power to
modify, alter or reverse the construction given by a department
secretary. (by power of control over executive department)
3. Interpretation handed down in an adversary proceedings in
the form of a ruling by an executive officer exercising quasi-
judicial power
Interpretation of an executive officer for enforcement vs. executive
or administrative official in an adversary proceeding
Rationale: There is a distinction because the position of a public
officer, charged with the enforcement of a law, is different from the
one who must decide a dispute which has a duty to present the case
for the side which he represents.
Forms of interpretation
Administrative practice – includes any formal or informal act of the
administrative agency by which it construes, interprets, or applies
the law. ( C I A).
Rules, circulars, opinions and directives are sometimes
comprehended within the term.
Rule: Formal or informal interpretation or practical construction of
an ambiguous or uncertain statute or law by an executive
department or other agency is entitled to consideration and the
highest respect from the courts especially when it is long continued
and uniform or is contemporaneous with the first workings of the
statute, etc.
When an administrative agency renders an opinion or issues a
statement of policy, it merely interprets a pre-existing law; it is
merely advisory for it is the court that finally determines what the
law means.
PRINCESS PEARL B. ENIEGO
It is set aside if there is an error of law, abuse of power, lack of
jurisdiction or grave abuse of discretion.
Q: When is publication not necessary?
A: When the rules are merely interpretations of the law since it is
not considered as “law”.
Example: internal rules concerning the personnel of administrative
agency (LOI) and legal opinions
Contemporaneous construction is very probably the true expression
of the legislative purpose especially if it is followed for a
considerable period of time. It is thus entitled to great weight and
respect by the courts in the interpretations if ambiguous provisions
of law
Construction of rules and regulations
An administrative agency has the power to interpret its own rules
and such interpretation becomes part of the rules.
Unless shown to be erroneous, unreasonable or arbitrary, no one is
better qualified to interpret the intent of the regulation than the
authority that issued it.
Reasons why CC is given much weight
Q: Why is contemporaneous construction given or accorded great
weight?
A: Because it comes from the particular branch of the government
called upon to implement the law thus construed. It is presumed
that the officials have familiarized themselves with all the
considerations pertinent to the meaning and purpose of the law,
and to have formed an independent, conscientious and competent
expert opinion thereon.
Their competence, expertness, experience, and informed judgment.
Unless shown to be clearly erroneous, or attended by abuse of
power or lack of jurisdiction or grave abuse of discretion, it is
probably the true expression of the legislative purpose especially if
it is followed for a considerable period of time.
Legislative approval of administrative construction
The legislature may, by action or inaction, approve or ratify such
contemporaneous construction.
Q: How is it manifested?
1. When it re-enacts a statute previously given
contemporaneous construction using words of similar
import of the earlier law
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2. Amending a prior statute without providing anything that
would restrict, change or nullify the previous
contemporaneous construction placed upon prior law.
3. Legislature appropriates money for the officer designated to
perform a task pursuant to an interpretation of a statute
4. Legislature has notice or knowledge of a construction placed
on the statute by an executive officer without repudiating
it, its silence is acquiescence equivalent to consent to
continue the practice; implied approval from failure to
change along standing administrative construction
(ratihabito acquiparatur mandate)
Reenactment by legislature
It is the most common act of legislative approval. It is a persuasive
indication of the adoption by the legislature of the prior
construction.
To make this principle applicable, the earlier law must be reenacted
not merely amended and the construction must be in the form of
regulation to implement the law and duly published.
Q: Why is this given much weight?
A: There is an agreement between the two departments of the
government - the executive and legislative - to the meaning of the
law, and it devolves upon the judiciary to give it a deferential
treatment.
Q: When is contemporaneous construction disregarded?
1. When there is no ambiguity in the law
2. Where the construction is clearly erroneous
3. Where strong reason to the contrary exists
4. Where the court has previously given the statute a different
interpretation.
The duty and power to interpret the law is primarily a judicial
function. It is the role of the judiciary to refine and correct the
interpretation in the context of the interactions of the three (3)
branches of the government.
Erroneous construction creates no rights; exceptions.
The doctrine of estoppel does not preclude correction by the officer
himself, by his successor in office, or by the court in an appropriate
case.
It creates no vested right on those who relied upon and followed
such construction. Those who benefited from it may not prevent
correction nor excuse themselves from complying with corrected
PRINCESS PEARL B. ENIEGO
construction, nor can they set up such error as legal obstacle
against recovery from them what they have received thereto.
The administrative or executive officer is only tasked to enforce the
law not to construe it. Also, the government is never estopped by
the mistake or error on the part of its agents.
Exception: The rule is not absolute in the interest of justice and fair
play. (i.e. Tax cases). The principle of justice and good faith dictate
and operate to create exceptions.
CHAPTER V
QUASI-JUDICIAL POWER
A. IN GENERAL
Quasi-judicial - the actions or discretions of public administrative
officers or bodies required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw conclusions from them,
as a basis for their official action, and to exercise discretion of a
judicial nature
The function becomes similar to that of a judge when it goes further
into adjudication or the determination of rights, privileges and
duties resulting in a decision or order which applies to a specific
situation.
Quasi-judicial body - an organ of the government other than a
court and a legislature, which exercises adjudicative power affecting
the rights of private persons.
Basic function: adjudicate claims and/or determine rights
Quasi-judicial power, generally.
It is incapable of exact definition. Quasi-judicial function may refer
to other than that which a court of justice performs. (i.e. Public
prosecutor)
Duty of public prosecutor: conduct preliminary investigation in
determining probable cause, to file an information in court and to
prosecute the accused has been described as principally executive
in nature.
Judicial action – it is the adjudication of the rights of parties who
appear or are brought before the tribunal by notice or process, and
upon whose claims some decisions or judgment is rendered. It
implies impartiality, disinterestedness, a weighing of adverse
claims.
Exercise of judicial function: determine what the law is and what
the legal rights of the parties are with respect to a matter in
controversy. (State ex rel. Board of Commrs. vs. Dunn)
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Judicial power implies the construction of laws and the adjudication
of legal rights. It includes the power to hear and determine a matter
in the nature of a suit or action between the parties.
In the discharge of executive and legislative duties, it is necessary
that the exercise of discretion and judgment within that subdivision
of the sovereign power which belongs to the judiciary, or at least,
which does not belong to the legislative or executive department.
As to what is judicial and what is not is better indicated in the
nature of the thing rather than its definition.
Quasi-judicial adjudication
The resolution of controversies is the raison d’etre of courts.
Q: How do you determine whether or not an act is a discharge of
judicial or quasi-judicial function?
A: By the nature of the act to be performed rather than the office,
board, or body which performs it.
The essential function is accomplished by:
1. Ascertainment of all the material and relevant facts
(pleadings and evidence adduced by the parties)
2. Application of the law so the controversy may be settled
authoritatively, definitely and finally (This function makes
the agency a quasi-judicial body similar to a court of
justice.)
The function requires:
1. Previously established rules and principles
2. Concrete facts (past or present) affecting determinate
individuals and decision whether the facts are governed
by the rules and principles
Adjudication - an agency process for the formulation of a final
order which presupposes compliance with such requirements
before such final order is issued
Quasi-judicial agencies in exercising quasi-judicial power, performs
the following functions: ( R A D W D)
1. Receives evidence
2. Ascertain the facts therefrom
3. Determines what the law is
4. What the legal rights of the parties are
5. Decides the controversy and renders judgment thereon
PRINCESS PEARL B. ENIEGO
By very nature of the prosecutor’s function, he must be considered a
quasi-judicial office subject to the due process requirement of the
cold neutrality of an impartial judge. (Cojuangco vs PCGG)
Quasi-adjudication vs. Quasi-legislative functions
Quasi-adjudication (quasi-judicial) function - the determination
of rights, privileges and duties by an administrative agency
resulting in a decision or order affecting a named person and
becoming final and executory after the lapse of a certain period.
Note: This does not cover rules and regulations of general
applicability.
Q: Why distinguish a rule or regulation issued an administrative
agency in its quasi-legislative and quasi-judicial power?
As to notice and hearing:
A. QL: not necessary
B. QJ: required
As to the determination of appropriate remedy against its
improvident exercise:
A. QL: RTC
B. QJ: CA
Reasons for creation of quasi-judicial agencies
 Settlement over certain disputes and controversies falling
within the agency’s expertise
 Active intervention for matters calling for technical
knowledge and speed in countless controversies which
cannot possibly be handled by regular courts
 As a result of the growing complexity of the modern society,
more administrative agencies are created to help in the
regulation of its ramified activities
 The need for special competence and experience which is
essential to the resolution of questions of complex or
specialized character
 To help unclog the dockets and to enable the court to decide
more cases falling within its jurisdiction - special
knowledge, experience and capability to hear and
determine promptly disputes on technical matters or
essentially factual matters
The adjudicatory powers and functions delegated to administrative
agencies is to a limited extent only.
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Voluntary arbitrator a quasi-judicial officer
Arbitration - the reference of a dispute to an impartial third person
for determination on the basis of evidence and arguments
presented by the parties who have bound themselves to accept the
decision. It may be voluntary or involuntary.
a. Voluntary arbitration - referral of a dispute by the parties
pursuant to a voluntary arbitration clause or agreement to an
impartial third person or panel for final resolution.
The voluntary arbitrator acts as a quasi-judicial officer who
determines the rights of the parties and renders decision.
Original jurisdiction: interpretation or implementation of the CBA,
company policies and other labor disputes.
His decision is appealable by petition for review to the CA within 15
days from receipt. (Rule 43 of the Revised Rules of Court)
b. Involuntary arbitration - one compelled by the government to
accept the resolution of the dispute through the arbitration of a
third party.
B. JURISDICTION
It is from the Latin words “juris” and “dico”: I speak by the law
Jurisdiction - the power or capacity conferred by the Constitution
or by law to a court or tribunal to hear and determine certain
controversies and render judgment thereon.
It is determined by the statute in force at the time of the
commencement of the action.
It is by the nature of the action, subject matter, issues and person og
the parties.
Jurisdiction of the subject matter - refers to the nature of the cause
of the action and of the relief sought. It is vested by law; not
acquired by consent or acquiescence of the parties nor unilateral
assumption by a tribunal
Jurisdiction over the person of the petitioner/plaintiff - acquired by
the filing a complaint, petition or initiatory or appropriate pleading
and payment of docket or filing fees
Jurisdiction over the person of the respondent/defendant - acquired
by the service of summon or by voluntary submission to the
authority of the court or tribunal.
Summons - a writ by which a respondent is notified of the action
against him and is asked to file his answer
PRINCESS PEARL B. ENIEGO
Extent of Jurisdiction
Judicial power - the power to hear and decide causes between the
parties who have the right to sue in courts of law and equity,
belongs to the judiciary or the courts
An administrative body delegated with quasi-judicial power wield
only such powers specifically granted by the enabling statute.
(strictissimi juris)
The quantum of powers possessed by an administrative agency will
still be limited to that conferred expressly or by necessary or fair
implication in its enabling act (implied powers).
Implied powers - those which are necessarily included in, and are
therefore of lesser degree than the power granted. It cannot extend
to matters not embraced nor are not incidental thereto.
To be valid, the quasi-judicial prerogatives must be limited only
those incidental to, or in connection with,the performance of
administrative duties which do not amount to conferment of
jurisdiction over a matter exclusively vested in the courts.
This refers to controversies relating to the subject matter pertaining
to its specialization, for split jurisdiction is not favored.
Estoppel to deny jurisdiction
General rule: Jursdiction over the subject matter cannot be
conferred by the agreement of the parties nor can it be waived.
It is not the privilege of a party who, to accomplish his purpose, has
affirmed and invoked the jurisdiction of an agency over a particular
matter to afterwards deny such jurisdiction to escape penalty or
liability imposed by the appellate agency.
It is a settled rule that a party cannot invoke the jurisdiction of a
court to secure affirmative relief against his opponent and after
failing to obtain such relief, repudiate or question that same
jurisdiction. (Garments and Textile Export Board vs. CA)
Party cannot take inconsistent positions
This is whereby a party or litigant takes a different position from
that which he took before an administrative body.
To allow such would sanction a procedure whereby the court would
not review, but determine and decide for the first time, a question
not raised at the administrative forum.
Rationale: Prior exhaustion of administrative remedies; to give
administrative authorities the prior opportunity to decide
controversies within its competence
Issues not raised in the lower court cannot be raised for the first
time on appeal.
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C. ADMINISTRATIVE PROCEDURE
Rules of Procedure, generally.
The Constitution empowers quasi-judicial agencies to issue their
own rules of procedure. It shall remain effective unless disapproved
by the Supreme Court. Even such absence of constitutional
provision, it has such implied power.
The grant of quasi-judicial power carries with it the power to
promulgate its rules of procedure for the proper exercise of its
adjudicative power.
Where a general power is conferred or a duty enjoined, every
particular power necessary for the exercise of the one or the
performance of the other is also conferred by necessary implication.
The rules of procedure issued by quasi-judicial bodies must not
diminish, increase, or modify substantive rights.
Substantive rights (definition)
Substantive law - part of the law which creates, defines and
regulates rights, or which regulates rights and duties which give rise
to a cause of action
Adjective or remedial law - prescribes the method of enforcing
rights or obtaining redress for their invasion
Rules of Court are suppletory for any deficiency or absence of
applicable provision in a given situation
Rules subject to Supreme Court modification
All procedural rules are subject to alteration or modification by the
SC in the exercise of its constitutional rule-making power
Case: First Lepanto Ceramics, Inc. vs. CA
Technical rules not applicable
Purpose: To free administrative boards/agencies from the
compulsion of technical rules so that the mere admission of matter
which would be deemed incompetent in judicial proceedings would
not invalidate an administrative order.
Q: What determines the procedure to be followed?
A: nature of the administrative bodies, character of the duties which
they are required to perform, purposes for which they are
organized and persons who compose them
Leeway is given to arrive at a decision as long as the requirements
of due process have been complied with. They enjoy wide discretion
and it is sufficient that substantive due process requirement of
fairness and reasonableness be observed.
PRINCESS PEARL B. ENIEGO
Settled principle: administrative rules of procedure should be
construed liberally in order to promote their object and to assist the
parties in obtaining just, speedy and inexpensive determination of
their respective claims and defenses.
Rules on administrative procedure: Sec.1, Book VII of the 1987
Administrative Code
It applies to all agencies, except the following:
1. Congress
2. Judiciary - Rules of Court
3. Constitutional Commission
4. Military establishments in all matters relating exclusively to
the AFP
5. Board of Pardons and Parole
6. State universities
“Agency” includes any department, bureau, office, commission,
authority, or officer of the National Government authorized by law
or executive order to make rules, issue licenses, grant rights and
privileges, and adjudicate cases
Justiciable controversy; contested case.
For the administrative agency to adjudicate a controversy, there
must be an appropriate case involving a justiciable controversy - an
assertion of a right by a proper party against another who, in turn,
contests it.
Contested case - any proceeding, including licensing, in which the
legal rights, duties and privileges asserted by specific parties (as
required by the Constitution or by law) are to be determined after
hearing.
License - part of any agency permit, certificate, passport, clearance,
approval, registration, charter, membership, statutory exemption or
other form of permission , or regulation of the exercise of right or
privilege
Licensing - agency process involving the grant, renewal, denial,
revocation, suspension, annulment, withdrawal, limitation,
amendment, modification or conditioning of license.
No license may be withdrawn, suspended or annulled without
notice and hearing, except:
1. Willful violation of pertinent laws, rules and regulations
2. Public safety requires otherwise.
Institution of proceedings
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The proceedings are instituted by the filing of a complaint or
petition.
Formal
A complaint is formal where it alleges the ultimate facts and prays
for specific reliefs.
Q: How is a complaint verified?
A: By an affidavit that the affiant has read the pleading and that the
allegations are true and correct of his knowledge and belief.
The complaint must also be accompanied by a certificate for non-
forum shopping stating that:
1. He has not commenced any action or filed any claim
involving the same issues
2. If there is such pending action or claim, a complete
statement of its status shall be given
3. Learned that the same action or claim has been filed or
pending: report it within five (5) days where his complaint
has been filed
Informal
It is instituted by mere ex parte or informal application such as
application for permits or licenses and even by mere letter sent by
the complainant
Forum Shopping
Forum shopping - the improper practice of going from one court to
another in the hope of securing a favorable relief in one court which
another court has denied or the filing of repetitious suits or
proceedings in different courts concerning substantially the same
subject matter.
It is the act of a party against whom an adverse judgment has been
rendered in one forum, of seeking another or of instituting two or
more actions or proceedings grounded on the same cause on the
supposition that one or the other would make a favorable
disposition.
It is an adverse opinion in one forum, a party seeks a favorable
opinion in another forum, other than appeal or certiorari.
Test to determine forum shopping
If a party pursues the same cause of action, same issues, parties and
subject matter in two different fora.
Q: What is the test to determine whether there is a violation of
forum shopping?
PRINCESS PEARL B. ENIEGO
1. the elements of litis pendentia are present
2. Final judgment in one case will amount to res judicata in the
other.
Res judicata requires a decision on the merits by a court of
competent jurisdiction and that the decision is final and that the
two actions involve identical parties, subject matter and causes of
action
Pre-trial conference
Before a contested case is scheduled for hearing, a pre-trial
conference (formal or informal) is held among parties to the case.
Party - a person or agency named or admitted as a party, seeking
and entitled as of right to be admitted as a party, in any agency
proceeding.
Pre-trial includes the possibility of an amicable settlement,
simplification of the issues, stipulations or admissions of facts and
of documents to avoid unnecessary proof, advisability for
arbitration and the propriety of rendering judgment
Default in administrative case
Default - failure to file a responsive pleading, failure to appear in
any hearing, or failure to present evidence, in any of which, the
hearing may proceed without violating the party’s right to due
process.
If a party was duly summoned, or duly notified, to appear at an
administrative investigation, refuses to appear, he may be declared
in default and the investigation may proceed without his presence.
There is no violation of his right to due process.
Administrative proceeding; hearing
Administrative proceeding involves: ( T D R )
1. Taking and evaluation of evidence
2. Determining facts based on the evidence presented
3. Rendering an order or decision supported by the facts
proved
Notice of hearing must be served at least five (5) days before the
date of hearing
“Notice and hearing” are requirements of procedural due process.
The absence of which will render the decision null and void.
Essence of procedural process: opportunity to be heard
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Note: What the law prohibits is not the absence of previous notice
but the absolute absence thereof and the lack of opportunity to be
heard.
Hearing does not necessarily require a trial-type presentation of
evidence. It may be submitted for resolution on the basis of
stipulation of facts, admission of the parties, position papers,
affidavits and counter-affidavits.
To be heard does not mean verbal arguments, it can be through
written pleadings.
Q: When is trial necessary?
A: When facts, upon which the resolution of the case will depend,
are in issue (exception to the exception: waiver)
Subpoena and contempt of court
General rule: When authority is conferred by law upon an
administrative officer/non-judicial person, committee or other
body to take testimony or evidence, such authority includes the
power to issue subpoena and subpoena duces tecum and to punish
for contempt.
This authority applies only in the exercise of the administrative
agency’s quasi-judicial power and not its administrative or
ministerial functions.
Subpoena - a process directed to a person requiring him to attend
and testify at the hearing or trial of the action or at any investigation
conducted under the laws of the country
Subpoena duces tecum - an order to produce specified documents
which is issued upon application of a party by showing clear and
unequivocable proof that the documents sought to be produced
contain evidence relevant and material to the issue
Evidence
The right to cross-examine witnesses implies that no hearsay
evidence may be admitted except when the parties waive the same
expressly or impliedly.
Matters of judicial notice* have three (3) material requisites:
1. It must be one of common and general knowledge
2. It must be well and authoritatively settled
3. It must be known to be within the limits of the jurisdiction of
the tribunal
*Judicial notice – a rule in the law of evidence that allows a fact to be introduced into
evidence if the truth of that fact is so notorious or well-known, or so authoritatively
attested, that it cannot be reasonably doubted
PRINCESS PEARL B. ENIEGO
To assure compliance with the requisites, the rules require that the
quasi-judicial agency should notify the parties of the facts taken
judicial notice and shall afford them the opportunity to contest it.
Hierarchy of evidence values
Proof beyond reasonable doubt – the logical and inevitable result
of the evidence on record, exclusive of any other consideration, or
moral certainty or that degree of proof which produces conviction
in an unprejudiced mind; required conviction of an accused in a
criminal case
Clear and convincing – measure or degree of proof which will
produce in mind of trier of facts a firm belief or conviction as to the
allegations to be established
Preponderance of evidence – evidence which is of greater weight
or more convincing than that which is offered in opposition to; it is
evidence which is more convincing to the court as worthy of belief
than that which is offered in opposition thereto; it means the
weight, credit and value of the aggregate evidence on either side;
degree of evidence required in civil cases
It is also known as “greater weight of evidence” or “greater weight
of the credible evidence”
Substantial evidence – such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion, and its
absence is not shown by stressing that there is contrary evidence on
record (direct or circumstantial); it is the evidence required to
support a decision in a contested case in an administrative
proceeding
Delegation to receive evidence
Every agency shall have several qualified and competent members
of the bar as hearing officers necessary to hear and adjudicate
contested cases. (Sec. 24 (1), Book VII of the 1987 Administrative
Code)
The above-stated provision gives an implied grant of power to
quasi-judicial agencies to delegate to hearing officers the reception
of evidence.
Due to the adjudicatory function given, a quasi-judicial body may
delegate the function to receive evidence and perform acts
necessary for the resolution of the factual issues falling within its
jurisdiction.
The delegation made is not unconstitutional. Why?
The delegate merely reports the facts found and power is retained
by the quasi-judicial body to approve or reject the report and decide
the case.
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The rule requiring an administrative officer to exercise his own
judgment and discretion does not preclude him from utilizing the
aid of subordinates to investigate and report to him the facts which
he is to base his decision on. It is sufficient that the judgment and
discretion finally exercised are those of the officer authorized by
law.
C. DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS
Due process consists of two (2) concepts:
1. Substantive due process – responsiveness to the
supremacy of reason, obedience to the dictates of justice;
arbitrariness is ruled out and unfairness avoided. It is
freedom from arbitrariness and embodiment of the
sporting idea of fair play.
It requires that the law itself, not merely the procedures
by which the law would be enforced, is fair, reasonable and
just.
2. Procedural due process – this consists of two (2) basic
rights: notice and hearing, as well as the guarantee of
being heard by an impartial and competent tribunal.
It refers to the method and means by which the law is
enforced.
 Non-observe to these rights will invalidate the
proceedings
 A law which hears before it condemns
Due process contemplates notice and opportunity to be heard
before judgment is rendered, affecting one’s person or property. It is
designed to secure justice as a living reality, not to sacrifice it by
paying undue homage to formality. Substance must prevail over
form.
Cardinal primary requirements of due process, generally.
1. Right to a hearing
2. Tribunal must consider the evidence presented
3. Decision must have something to support itself
4. Evidence must be substantial (substantial evidence)
5. Decision must be based on the evidence presented
6. The tribunal must act on its own independent
consideration of the law and facts of the controversy
PRINCESS PEARL B. ENIEGO
7. The board/body should in all controversial questions and
render its decision in a manner that the parties know the
issues involved and the reason for the decision rendered
8. Officer/tribunal conducting the investigation must be
vested with competent jurisdiction
Violation to any one of the requirements renders any judgment or
order issued null and void.
Note: What due process abhors is not lack of previous notice but the
absolute lack of opportunity to be heard, since the essence of due
process is the opportunity to be heard.
Administrative due process is recognized to include:
1. Right to notice (actual or constructive) of the institution of
the proceeding that may affect a person’s legal rights
2. Reasonable opportunity to appear and defend his rights
3. Tribunal which gives a reasonable assurance of honesty and
impartiality and competent jurisdiction
4. A finding or decision by that tribunal supported by
substantial evidence presented at the hearing, or at least
contained in the records or disclosed to the parties
affected
Q: What are the minimum requisites of due process?
1. That there be an impartial tribunal to determine the right
involved
2. Due notice and opportunity to be heard be given
3. The procedure at the hearing must be consistent with the
essentials of a fair trial
4. The proceedings be conducted in such a way that an
opportunity for a court to determine the applicable rules
of law and procedure were observed
5. Decision or ruling be supported by substantial evidence
The rule is where an adjudicative fact is at issue, a trial-type hearing
ought to be held. Issues of fact cannot be decided without a trial.
Cold-neutrality of an impartial judge
A critical component of due process is a hearing before an impartial
and disinterested tribunal.
An officer must refrain from participating in reviewing any decision
rendered or concurred by him in any decision rendered or
concurred by him in another official capacity.
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Impartial and competent tribunal
A tribunal must be vested with competent jurisdiction and so
constituted to afford a person charged administratively a
reasonable guarantee of honesty and impartiality
Notice and hearing
The right to a hearing includes the right to present one’s case and to
submit evidence in support.
In administrative cases, the general rule is that prior notice and
hearing are necessary ONLY where the law so requires.
Q: How do you determine that notice and hearing is necessary then?
A: Inquiry should be made into the enabling statute which clothes
an administrative agency/officer with certain duties and
responsibilities.
When prior notice not required
Where the law is silent, prior notice and hearing depends upon the
nature of the power to be exercised or the end to be achieved.
Exception: In the exercise of delegated police power, prior notice
and hearing is not necessary for the validity of the action so long as
the aggrieved party is subsequently accorded hearing on the action
taken.
Exception to the exception: unless the applicable law so expressly
provides
Considerations of procedural due process cannot outweigh the evil
sought to be prevented by the exercise of police power.
What is sought to be prevented or achieved requires immediate
action for the public good and interest.
Examples in the exercise of police power:
a. withdrawal, suspension or annulment of a
license in cases of willful violation of pertinent
laws, rules and regulations or when public
security, health or safety so require.
b. Abatement of a public nuisance per se
Nuisance per se – it constitutes a direct menace to public health or
safety. It may be abated summarily.
(Check other examples in the book)
Notice minimum requirement in summary dismissal
PRINCESS PEARL B. ENIEGO
In summary dismissal proceedings, allowance of reasonable
opportunity for respondent to answer the charges constitute the
minimum requirements of due process.
Notice and hearing in rate-fixing required
If the rate-fixing applies to a particular person or entity predicated
on a finding of fact – the administrative agency exercising quasi-
judicial act – demands notice and hearing.
Whether notice and hearing in proceedings before a public service
commission are necessary depends upon the statutory or
constitutional provisions applicable and upon the nature and object
of such proceedings.
As a general rule, public utility must be afforded some opportunity
to be heard as to the propriety and reasonableness of rates fixed for
its services by a public service commission.
Read case: Phil. Communications Satellite Corp. vs. Alcuaz
Prior notice in issuance of ex parte or preliminary order
General rule: Provisional reliefs (TRO and CDO) may be granted by
quasi-judicial agencies without prior notice or hearing.
This is also true in disciplinary proceedings since preventive
suspension is not a penalty.
Opportunity to be heard
Even if there is notice or opportunity to be heard, there is still
violation of due process where:
1. There is no evidence to support the decision
2. Where evidence other than that presented
during the proceedings or disclosed in the
records was taken into account in rendering the
ruling
3. Where the quasi-judicial body or officer did not
possess the cold neutrality of an impartial judge
4. Where the administrative officer or body acted
with grave abuse of discretion amounting to lack
or excess of jurisdiction
Where there is no denial of due process
Instances:
1. A party who has been notified of the hearing but failed to
attend
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The presence of a party in a trial is not always the essence of due
process. All that the law requires is that the parties be given notice
of the trial and opportunity to be heard.
2. Where the law does not require notice and hearing before a
certain administrative action may be undertaken, but
makes such action subject to judicial scrutiny
However, other requirements of due process may not be dispensed
with – decision must have something to support itself and the
evidence must be substantial
3. Filing of motion for reconsideration and when it was
denied, he appealed to the department secretary; filing for
postponement but shield away from it
The absence of previous notice is not of itself a substantial defect.
What the law abhors is the lack of opportunity to be heard.
Informal proceeding proscribed
Illustration: The party had an informal conduct of an administrative
proceeding and he was not able make a timely appeal – the decision
had not been validated since a void judgment could never become
final and could be attacked in any appropriate proceeding.
A party who has been heard on his motion for reconsideration
cannot invoke the denial of due process since it has the effect of
curing whatever irregularity has been committed in the
proceedings.
It cures the defect in the lack of prior notice and hearing and
assumes that the other requirements of due process have been
complied with.
Exception: Any other requirements has not been complied with
 One of the cardinal requirements of due process: decision
or ruling of an administrative body must be supported by
substantial evidence.
 The decision of an administrative agency must be rendered
on evidence contained in the record and disclosed to the
party affected
Substantial evidence as basis of decision
The decision must be supported by substantial evidence. Absent
this, the decision is void.
Substantial evidence – refers to such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion
or to afford a substantial basis from which the fact in issue can be
reasonably inferred
Right to counsel, not a due process requirement
PRINCESS PEARL B. ENIEGO
Under existing laws, a party in an administrative inquiry may or
may not be assisted by counsel, irrespective of the nature of the
charges and of the respondent’s capacity to represent himself.
Q: Why is the right to counsel not imperative in administrative
proceedings?
A: Inquiries are conducted merely to determine whether there are
facts that merit disciplinary measures against erring public officers
and employees, with the purpose of maintaining the dignity of the
government service.
The right to counsel is not indispensable to due process unless
required by the Constitution or the law.
E. DECISION, APPEAL AND JUDICIAL REVIEW
In administrative law, decision is:
The whole or any part of the final disposition (whether affirmative,
negative, or injunctive in form) of a quasi-judicial agency in any
matter including licensing, rate-fixing and granting of rights and
privileges. (Sec.2 (8), Book VII, 1987 Administrative Code)
Period to render decision: thirty (30) days following its submission
The period is only directory. Hence, failure of the agency to decide
within that period does not deprive it of jurisdiction. However, the
administrative or judicial officer may be administratively liable as
he is enjoined by the code of conduct for public officers.
The difference between a mandatory and directory provision is
determined on the grounds of expediency. The reason being is that,
less injury results to the general public by disregarding than
enforcing the letter of the law.
Q: When is a case deemed submitted for decision?
A: After both parties shall have concluded presentation of their
evidence or filing of memoranda, if required.
Form of decision: Silence of the law does not excuse them from
dispensing with such requirements in writing their decisions.
Due process requires that the parties of the case be informed of
how it is decided with an explanation of factual and legal reasons
that lead to the conclusions.
Publication of decisions: It shall be the duty of the records officer of
the agency or his equivalent functionary to prepare a register or
compilation of those decisions or final orders for use by the public.
Relief and Sanction
A quasi-judicial agency can grant a particular relief or impose a
specific sanction only where the enabling law authorizes the agency
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to do so and the evidence presented or facts adduced substantially
justify it.
Relief – includes the whole or part of any grant of money,
assistance, license, authority, privilege, exemption, exception, or
remedy; recognition of any claim, right, immunity, privilege,
exemption or exception; or taking of any action upon the
application or petition of any person
Sanction – includes the whole or part of a prohibition, limitation or
other condition affecting the liberty of a person
Promulgation of decision
A decision of an administrative officer or agency becomes binding
only after it is validly promulgated.
A decision made and signed by a judge but promulgated after his
retirement or separation from the service is void.
Promulgation – the delivery of the decision to the clerk of court for
filing and publication; it is the process by which a decision is
published, officially announced, made known to the public or
delivered to the clerk of court for filing, coupled with notice to the
parties or their counsel.
Notice of decision: made personally or by registered mail addressed
to their counsel of record, if any, or to them.
If a party is represented by counsel, notice of the decision shall be
made upon the latter.
Notice to counsel is notice to client. However, notice to client does
not amount to notice to counsel. This is founded on considerations
of fair play.
Decision of collegiate body, vote required.
The decision of only one member is void where a quorum of two is
required. This cannot be ratified and the collegiate body has to meet
and decide the case anew.
Their acts are official only when done by the members convened in
session, upon the concurrence of at least a majority.
One man cannot take the place of the whole board, nor can his
decision be taken or have the effect of a decision of the board duly
constituted.
Note: Legislative intent – views and ideas should be exchanged and
examined before reaching a conclusion.
Ex. National Telecommunications Commission (NTC), Movie and
Television Review Classification Board (MTRCB), Constitutional
Commissions
PRINCESS PEARL B. ENIEGO
Commission – a body composed of several persons acting under
lawful authority to perform some public service; board or
committee of officials appointed and empowered to perform certain
acts or exercise certain jurisdiction of a public nature or service.
Final decisions not reviewable
Decisions of administrative agencies become final and executory
fifteen (15) days after a receipt of a copy by the party adversely
affected unless within that period an administrative appeal or
judicial review, if proper, has been perfected. (Sec. 15, Chapter III of
Book VII of the 1987 Administrative Code)
Note: Their final resolution or decision also binds the Office of the
President even if under his supervision and control.
Administrative decisions must end as public policy demands that
finality be written on judicial controversies.
Rule of non qieta movere – what has already been terminated
should not be disturbed.
Rules and regulations governing appeals to the Office of the
President are embodied in A.O. No. 18.
Appeal in contested cases
Appellant should comply with all the requirements for perfecting an
appeal otherwise, his appeal will be dismissed or denied due
process.
Reason: Appeal is a purely statutory right and he who avails of it
must strictly comply with all its requisites
In the absence of any specific rules applicable to a particular agency,
the appeal should comply with Book VII of the 1987 Administrative
Code.
Check book Sec. 19 to 22
Effect of Appeal
It shall stay the decision.
Exceptions:
1. unless otherwise provided by law
2. appellate agency directs execution pending appeal
The perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but also jurisdictional.
Decisions may be appealed to higher administrative bodies, where
the law or regulation so provides.
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The appellant body may not pass upon errors not assigned.
However, it has broad discretionary powers to waive the lack of
assignment of errors and consider errors not assigned. Instances:
1. affecting the jurisdiction of the court over the subject
matter
2. evidently plain or clerical errors within the contemplation
of law
3. consideration of which is necessary in arriving at a just
decision and complete resolution of the case or to serve
the interests of justice or to avoid dispensing piecemeal
justice
4. raised in the trial court and are matters of record having
some bearing on the issue submitted which the parties
failed to raise or the lower court ignored
5. determination of a question properly assigned is
dependent.
Administrative review
Review – a reconsideration or re-examination of a decision or
ruling of a subordinate officer by a superior officer or higher
administrative agency
Q: Why is the power of review necessary?
a. To correct the acts of a subordinate
b. See to it that he performs his duties in accordance with law
General rule: Evidence not formally submitted during the hearing
may not be submitted for the first time on appeal.
Exception: Issue not raised before and evidence of such was not
presented but the issue was later on resolved and the adverse party
was not allowed to present rebuttal evidence.
Presumption of legality
Presumption of legality vs. regularity
Finality of decision of appellate agency
It shall be final and executory fifteen (15) days after the receipt by
the parties of a copy thereof unless a motion for reconsideration is
seasonably filed or petition for review is filed with the CA within
fifteen (15) days from receipt of the decision or of the denial of the
M/R.
Res judicata
Res judicata defined
PRINCESS PEARL B. ENIEGO
The doctrine of res judicata applies to decisions or orders of
administrative agencies that have become final. This rule forbids the
reopening of a matter judicially determined by competent authority.
Once a litigant’s rights have been adjudicated in a valid judgment by
a competent court, he should not be granted an unbridled license to
come back for another try.
Exceptions:
1. When there are supervening events which make it
imperative for the higher interest of justice, to modify said
judgment
2. Waived or not timely raised as a defense as would amount
to a denial of justice or a bar to the vindication of a
legitimate grievance
3. Application would involve the sacrifice of justice to
technicality
4. Does not operate between persons who, having been co-
parties in the first case, are opposing parties in the second
case. Exception: individual claims in the first case were
raised in issue, litigated and determined
Note: A judgment dismissing an action because of the pendency of
another action between the same parties and cause does not
operate as res judicata since the dismissal is not a judgment on the
merit.
Power to issue writ of execution to enforce judgment
The grant to a tribunal or agency of adjudicatory power should
normally and logically be deemed to include the grant of authority
to enforce or execute the judgments unless the law otherwise
provides.
CHAPTER VI
DOCTRINES OF PRIMARY JURISDICTION AND EXHAUSTION OF
ADMINISTRATIVE REMEDIES
A. DOCTRINE OF PRIMARY JURISDICTION
Nature and scope
If the determination of a case requires the expertise, specialized
skills and knowledge of the proper administrative bodies because
technical matters or intricate questions of facts are involved, then
relief must first be obtained in administrative proceeding before it
can come within the proper jurisdiction of a court.
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Doctrine of primary jurisdiction requires that a plaintiff should
first seek relief in an administrative proceeding before he seeks a
remedy in court, even though it is within the court’s jurisdiction.
 Judicial process is suspended pending referral
 Precludes prior judicial determination – behooves the
courts to stand aside even when they have statutory
power to proceed (Villaflor vs. CA)
The court will not determine a controversy where:
1. Question demands administrative determination requiring
special knowledge, experience, and services of the
administrative tribunal
2. Question requires determination of technical and intricate
issues of fact
3. Where uniformity of ruling is essential to comply with the
purposes of the regulatory statute administered
Primary jurisdiction vs. exhaustion of administrative agencies
Distinction is in the application:
1. Doctrine of primary jurisdiction – claim is originally
cognizable in the courts, the judicial process is suspended
pending referral of certain issues to the administrative
agency.
This comes into play whenever enforcement of the claim
requires the resolution of issues placed within the special
competence of an administrative body.
The doctrine of primary jurisdiction applies in cases filed with
the trial court, suspending the proceedings until referral to the
administrative agency
The application of this doctrine does not call for the dismissal
of the case, only SUSPENSION.
Illustration: Arbitration Law (Sec. 7 of R.A. 876)
If there is any suit or proceeding with an agreement that
arbitration shall be held, the court shall stay the action or
proceeding.
2. Doctrine of exhaustion of administrative agencies – claim is
cognizable in the first instance by the administrative
agency alone; judicial interference being withheld until
the administrative process has run its course and the
agency action is ripe for review
This is invoked in petitions for certiorari filed with the CA,
or in few instances in the trial court, resolving the case on
PRINCESS PEARL B. ENIEGO
the merit, where the case falls under any of the exceptions
to the doctrine of administrative agencies.
Note:
 Distinctions between the two doctrines is outlined in U.S.
vs. Western P.R. Co. (352 U.S. 59)
 Both doctrines are concerned with promoting proper
relationships between the courts and administrative
agencies charged with particular regulatory duties.
Non-compliance is NOT jurisdictional
The failure to timely object amounts to a waiver, justifying the
court to proceed to conclusion.
Doctrine of primary jurisdiction: It does not warrant a court to
arrogate unto itself the authority to resolve a controversy the
jurisdiction over which is initially lodged with an administrative
body of special competence. (Villaflor vs. CA)
Purposes of the doctrine of primary jurisdiction
1. To give the administrative agency the opportunity to decide
the controversy by itself
2. To prevent unnecessary and premature resort to the court
General rule: The court cannot compel an agency to do a particular
act or to enjoin such act which is within its prerogative
Exception: When in the exercise of its authority, it gravely abuses or
exceeds its authority
Doctrine of primary jurisdiction not applicable (Exceptions)
1. Where the administrative agency has no jurisdiction
2. Where the claim is substantial and that there are
reasonable grounds to believe that it is correct, judicial
intervention is allowed in order to prevent undue
harassment at the hand of ill-meaning or misinformed
administrative officials
B. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
General rule: Recourse through court action cannot prosper until all
the remedies have been exhausted at the administrative level.
The aggrieved party should first apply for review by a higher
administrative authority before seeking judicial relief. Otherwise,
the suit may be dismissed for prematurity or lack of cause of action.
Where the enabling statute indicates a procedure for administrative
review and a system of administrative appeal or reconsideration,
courts for reasons of law, comity and convenience, will not entertain
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the case unless the available administrative remedies have been 6. Respondent is a department secretary who acts as an alter
resorted to and the appropriate authorities have been given ego of the President, hears the implied and assumed
opportunity to act and correct the errors committed in the approval of the latter
administrative forum.
7. Requiring the exhaustion would be unreasonable
Note: This applies only where the agency exercises judicial or quasi-
judicial function. It does not apply in the exercise of its rule-making 8. Amount to a nullification of a claim
or legislative power.
9. Subject matter is a private land in land cases or proceedings
Effect of failure to exhaust remedies
10. Rule does not provide a plain speedy and adequate remedy
It does not affect jurisdiction of the court.
11. Circumstances indicating the urgency of judicial
Only effect of non-compliance: It will deprive the complainant of a intervention
cause of action, which is a ground for a motion to dismiss
Additional
If not invoked at the proper time, the ground is deemed waived so
the court can take cognizance of the case. 1. No administrative review is provided

Note: Non-exhaustion is a ground for a motion to dismiss or a 2. Rule of qualified political agency applies
defense that may be raised in the answer. If not raised, it is deemed
Department secretary Office of the President
waived.
Rule 43: Final orders/decisions of the Office of the President in the
Rationale for the rule
exercise of its quasi-judicial powers are appealable to the CA by
petition for review on questions of fact, of law or of mixed questions
 It ensures and orderly procedure favoring preliminary
of law and fact
shifting process with matters within the competence of an
administrative agency
An appeal from the department secretary to the courts can only be
allowed by petition for certiorari (Rule 65) due to:
 The administrative process is intended to provide less
expensive and more speedy solutions to disputes
a. grave abuse of discretion mounting to lack of jurisdiction;
and
 It gives the administrative agency the opportunity to act
and correct errors committed in the administrative forum b. There is no plain, speedy and adequate remedy in the
ordinary course of law other than said petition
 Separation of powers
3. Issue of non-exhaustion of administrative remedies has
Administrative authorities are in a better position to resolve
been rendered moot
questions addressed to their particular expertise and that errors
committed by subordinates may be rectified by their superiors if 4. Failure of a high government official from who relief is
given a chance to do so. sought to act on the matter

Illustration: (Provided in the book) CHAPTER VII

Exceptions to the doctrine of exhaustion of administrative JUDICIAL REVIEW

agencies (Paat vs. CA (1997)
A. JUDICIAL REVIEW GENERALLY
1. Violation of due process
Generally
2. Issue involved is purely a legal question
Review – a re-consideration or re-examination for purposes of
3. Administrative action is patently illegal amounting to lack correction.
or excess of jurisdiction
Judicial review – the re-examination or determination by the
4. Estoppel on the part of the administrative agency courts in the exercise of their judicial power in an appropriate case
whether the questioned act, rule or decision has been validly or
5. Irreparable injury

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 ADMINISTRATIVE LAW
invalidly issued or whether it should be nullified, affirmed or
modified.
The courts may determine the legality/propriety of the exercise of
discretion by the political departments of government or whether
said powers are within the limits prescribed by the Constitution.
Purpose of Judicial Review
To keep the administrative agency within its jurisdiction and
protect substantive rights of parties affected by its act, rule or
decisions. (system of checks and balances)
Q: What is the scope or subject of judicial review?
A: Agency action – includes the whole or part of any agency rule,
order, license, sanction, relief, or its equivalent or denial thereof.
It may either be:
a. Non-judicial – consists of purely administrative or
executive acts and rules and regulations
b. Quasi-judicial – includes final orders or decisions
rendered by the agency in the exercise of its quasi-judicial
power
Methods of judicial review
It varies according to statutes and the nature of the agency action
sought to be reviewed – ordinary court action, appeal, petition for
review, petition for writ of certiorari, prohibition, and mandamus.
Mere silence of the law does not necessarily imply that judicial
review is unavailable, special civil actions may be availed of.
The mode of review depends upon what the administrative agency
does – What is the questioned act?
a. Executive or administrative functions – file the appropriate
court action before the court of general jurisdiction (RTC)
b. Rule-making power – petition for certiorari and prohibition
belonging to the RTC
Q: What is the usual remedy against a purely administrative act or
that against the exercise of an agency’s rule-making power?
A: Ordinary complaint for injunction in the RTC
Q: What is the remedy with regards to decisions of a quasi-judicial
body where appeal may be taken as in ordinary civil cases?
A: Ordinary Appeal
B. LIMITATIONS ON JUDICIAL REVIEW
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Limitations, generally.
Q: When may the courts set aside decisions of administrative
agencies?
1. Grave abuse of discretion which is equivalent to a
capricious and whimsical exercise of judgment
2. Power is exercised in an arbitrary or despotic manner
by reason of passion, prejudice or personal hostility
amounting to an evasion of positive duty
3. Virtual refusal to perform the duty enjoined
4. To act at all in contemplation of law that there is a
justification for the courts setting aside administrative
determination reached
Q: When is judicial review justified?
1. Denial of due process
2. Mistake of law
3. Fraud, collusion or arbitrary action in admin proceeding
4. Absolutely no evidence in support of findings
5. Such evidence is clearly, manifestly, and apparently
insubstantial
Judicial review of rules and regulations
In considering a legislative rule, a court is free to make three (3)
inquiries. Whether the rule is:
1. Within the delegated authority of the administrative
agency
2. Reasonable
3. Issued pursuant to proper procedure
In the case of interpretative rule, the inquiry is not into the validity
but into the correctness or propriety of the rule. A court is free to:
a. Give the force of law to the rule
b. Opposite extreme and substitute its judgment
c. Give some intermediate degree of weight to the
interpretative rule
Judicial review of administrative decisions, generally.
It is a well-recognized principle that courts have no supervisory
power over the proceedings and actions of administrative agencies
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 ADMINISTRATIVE LAW
Reason: In the exercise of their powers in their specialized fields,
these agencies have acquired knowlegibility, experience and
expertise, essential in the resolution of questions of complex or
specialized nature.
Because of this, strong presumption of regularity and correctness is
accorded their decisions.
Interference with administrative discretion, to be avoided.
The discretion given is of such wide latitude that courts will not
interfere unless it is apparent that is used as a shield to a fraudulent
award.
In reviewing administrative decisions, the findings of facts must be
respected as long as they are supported by substantial evidence.
Q: What are the instances in which the administrative decision may
be set aside? (Exceptions)
A: proof of grave abuse of discretion, fraud or error of law
Apart from the requirements of substantial evidence rule, the lack
of which empowers the court to review findings of quasi-judicial
agencies, the following are instances:
a. Petition for review under Rule 43
b. Petition for certiorari, prohibition and mandamus under
Rule 65
c. Petition for review to the SC under Rule 45
Judicial interference in technical matters.
The courts are prohibited from issuing injunction or restraining
orders against administrative acts on controversies involving facts
or exercise of discretion in technical cases.
Why? To allow such would disturb the smooth functioning of the
administrative machin6ery.
But, on issues outside of this dimension and questions of law, courts
are not prevented from exercising their power to restrain or
prohibit administrative acts
It does not apply to questions of law OR to matters which do not
involve discretionary acts or technical matters, nor to anomalies
committed by administrative officers or to non-compliance with
bidding requirements, for the law cannot be used as shield from
judicial scrutiny against irregularities committed by administrative
agencies.
Judicial review of presidential discretion
PRINCESS PEARL B. ENIEGO
Discretion – the power or right conferred upon the officer by a law
or acting officially under certain circumstances according to the
dictates of his own judgment and conscience and uncontrolled by
the judgment or conscience of others.
It is faculty conferred upon the official by which he may decide the
question before him either way and still be right. In this sense, his
judgment on the matter is not subject to judicial review, even if the
same is erroneous.
As a rule, the exercise of discretionary powers of the executive or
quasi-judicial officer is not subject to judicial review and this is
applied with strictness.
Q: What is the legal basis of this hands-off policy of the judiciary?
A: Separation of powers or the so-called doctrine of political
question
Political question – a question of policy. It refers to questions that
are to be decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been delegated to
the executive branch of the government.
It is concerned with issues dependent on the wisdom, not legality, of
an act or measure.
Illustration
President grants pardon. The determination of a violation thereof
rests exclusively in the sound judgment of the Chief Executive.
(Wilfredo Sumulong Torres Case)
When judicial review is allowed.
A: When it concerns the validity of the exercise of discretionary
power. Whether it is within the limits prescribed by the
Constitution. In this case, it does not constitute a modification or
correction of the act of the President, nor does it constitute
interference with the functions of the President.
In support thereof, the SC has been conferred an “expanded
jurisdiction” to determine whether or not they have acted within
bounds of the Constitution. This expanded judicial power covers
“appropriate cases, even the political question” (Sec.1, Art. VIII)
Final decision beyond judicial review
Decisions and orders of administrative agencies, rendered pursuant
to their quasi-judicial authority, have upon their finality, the force
and binding effect of a final judgment within the purview of the
doctrine of res judicata.
The right to appeal is only a statutory right. It is exercised only in
the manner and in accordance with the provision of law. Failure to
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 ADMINISTRATIVE LAW
so will cause the loss of the right to appeal and render the decision Review – includes the digging into the merits and unearthing errors
final. of judgment

C. PETITION FOR REVIEW UNDER RULE 43 OF RULES OF COURT
Petition for review as a mode of appeal
A petition for review is a mode of appeal from the decisions or final
orders of quasi-judicial agencies exercising quasi-judicial functions
filed with the CA pursuant to Sec.9 of B.P. Blg. 129 and Rule 43 of
the Revised Rules of Court
It includes appeals from any quasi-judicial agency in the exercise of
quasi-judicial functions. It involves questions of fact, of law, or
mixed questions of fact and law.
Certiorari – deals exclusively with grave abuse of discretion, which
may not exist even when the decision is otherwise erroneous
Writ of certiorari – an extraordinary remedy
In a special civil action of certiorari, the Court will not engage in
review of the facts found nor even of the law as interpreted or
applied unless the errors of fact or of law are so patent and gross
and prejudicial as to amount to a grave abuse of discretion or an
exces de pouvoir on the part of the administrative agency
Period of appeal

(Question of fact and law, defined)
If a statute provides that a decision of a quasi-judicial body is
appealable directly to the SC, if enacted without the advice and
concurrence of the latter, is not effective and the appeal must be
taken to the CA under Rule 43.
A: It shall be taken within 15 days from notice of the award,
judgment, final order or resolution, or from the date of its last
publication, if publication is required by law for its effectivity or
denial of petitioner’s motion for new trial or reconsideration (Sec.4)

In using Rule 43, there must first be exhaustion of administrative
remedies and that the final order or decision has been rendered in
the exercise of its quasi-judicial function.
Excluded from the coverage of Rule 43
How appeal taken
By filing a verified petition for review in 7 legible copies with the CA
within 15 days from notice of judgment or final order or denial of a
motion for new trial or reconsideration

Decisions of the COMELEC and COA shall be appealable by means of
petition for certiorari under Rules 64 and 65 filed with the SC
within thirty (30) days from notice.
Petition for review vs. Petition for certiorari
Petition for Review (Rule 43)
It is an ordinary appeal from a
final order or decision of a
quasi-judicial body to the CA
after exhausting administrative
agencies
Filed 15 days from receipt of the
decision or resolution denying a
motion for reconsideration
Questions of fact, of law, or
mixed questions of fact and law
May review errors of fact or
errors of judgment
Petition for Certiorari (Rule 65)
It is a special civil action seeking
to nullify or modify an order or
resolution of an administrative
agency exercising judicial or
quasi-judicial functions which
acted without or in excess of
jurisdiction or grave abuse of
discretion amounting to lack of
jurisdiction
No appeal, or any plain, speedy,
and adequate remedy in the
ordinary course of law
Filed within 60 days from
receipt of the questioned
judgment, order or resolution
with the SC, CA, or the RTC
Questions of law
Errors of jurisdiction
The original copy of the petition intended for the CA shall be
indicated in the face and proof of service to the adverse party and
court or agency a quo must be attached to the original copy of said
petition. Payment of docketing and other lawful fees and deposit the
sum of P500.00 for costs shall be made to the clerk of court to the
CA.
Contents of petition
The petition for review shall:
1. State the full names of the parties to the case
2. Concise statement of the facts and issues and the grounds
relied upon for review
3. Accompanied by a clearly legible duplicate original or a
certified true copy of the award, judgment, final order or
resolution appealed from and other supporting papers
4. Sworn certification against forum shopping
Note: The petition shall state the specific material dates showing
that it was filed within the period fixed therein.
Certification against forum shopping

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 ADMINISTRATIVE LAW
It states that petitioner has not commenced any other action
involving the same issues in any other court.
If there is such, he must state its status and if he should learn that a
similar action or proceeding has been filed, he undertakes to
promptly inform the aforesaid courts and other tribunal or agency
within 5 days therefrom.
The certification should be executed by the petitioner himself, and
not by his counsel, the latter’s signing not being sufficient.
Effect of failure to comply with requirements
It shall be a sufficient ground for the dismissal of the petition.
What if petitioner filed a petition for certiorari instead of a petition
for review? Dismissal of the petition is warranted
Substantial compliance with the requirements is sufficient. Hence, a
petition which substantially complies with the requirements of Rule
43 should be given due course.
The rules must be interpreted and applied to attain, not defeat, the
ultimate purpose of all rules of procedure, which is to achieve
substantial justice as expeditiously as possible
Action on petition
CA may require the respondent to file a comment on the petition
within 10 days from notice or dismiss the petition if it is patently
without merit, prosecuted manifestly for delay, or that the questions
raised are too unsubstantial for consideration
Contents of comment
1. Point out insufficiencies or inaccuracies in petitioner’s
statements of facts and issues
2. State the reason why the petition should be denied or
dismissed
Due course
If upon filing of the comment or other pleading or documents, the
CA finds prima facie that the court or agency concerned has
committed errors of fact or law that would warrant reversal or
modification of the award, judgment, final order or resolution
sought to be reviewed, it may give due course to the petition.
Otherwise, it shall be dismissed.
The findings of fact of the court or agency, when supported by
substantial evidence, shall be binding on the CA.
Substantial evidence rule; findings are generally binding.
PRINCESS PEARL B. ENIEGO
All that is necessary to sustain the findings of fact is that said
findings are supported by substantial evidence which is known as
the substantial evidence rule.
 A limitation upon the scope of judicial review in
administrative cases
 Courts are not supposed to reassess the evidence,
determine its preponderance on either side and substitute
its own findings for those of the administrative agency
Rule: Findings of fact of administrative agencies are entitled to great
weight, if not finality, if supported by substantial evidence, or
negatively stated if the findings are not shown to be unsupported by
evidence.
Executive decisions are conclusive on questions of fact and not
subject to review by the courts in the absence of fraud, imposition
or mistake other than error of judgment in estimating the value or
effect of evidence.
Exceptions to substantial evidence rule
1. Factual findings of the administrative agency and
the initial fact-finding agency are conflicting;
2. Findings are grounded entirely on speculation,
surmises, or conjectures;
3. Inference made by the quasi-judicial agency from
its findings of fact is manifestly mistaken, absurd,
or impossible;
4. Grave abuse of discretion in the appreciation of
facts;
5. Administrative agency, in making its findings,
goes beyond the issues of the case, and such
findings are contrary to the admission of the
parties
6. Judgment of the administrative agency is
premised on a misapprehension of facts
7. Administrative agency failed to notice certain
relevant facts which, if properly considered, will
justify a different conclusion;
8. Findings of facts are themselves conflicting;
9. Findings are conclusions without citation of the
specific evidence on which they are based; and
10. Findings are premised on the absence of
evidence but such findings are contradicted by
the evidence on record
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 ADMINISTRATIVE LAW
Acts without jurisdiction – tribunal, board or officer exercising
judicial or quasi-judicial functions does not have the authority
conferred by law to hear and decide the case
Excess of jurisdiction – has the legal power to decide the case but
oversteps his authority
Grave abuse of discretion – acts in a capricious, whimsical,
arbitrary or despotic manner in the exercise of his judgment
amounting to lack of jurisdiction
Transmittal of record
is alleged in a verified petition in the proper court to have acted
without or in excess of jurisdiction or with grave abuse of
discretion, there being no appeal, nor any plain, speedy and
adequate remedy in the ordinary course of law for the purpose of
annulling or modifying the proceeding.
 Sole office of the writ of certiorari: correction of errors of
jurisdiction
 Questions of fact cannot be raised in an original action for
certiorari; only established or admitted facts can be
considered

Within fifteen (15) days from notice that the petition has been given Error of jurisdiction – one where the act complained of was issued
due course, the CA may require the court or agency concerned to by the
transmit the original or a legible certified true copy of the entire
record of the proceeding under review. (Sec.11)

Effect of appeal; execution pending appeal

The appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed unless the CA shall direct
otherwise upon such terms as it may deem just. (Sec.12 of Rule 43)

This provision does not allow execution pending appeal unless the
applicable law so provides, and even when the law authorizes
execution pending appeal, the CA may stay the execution upon such
terms as it may deem just.

General rule: Judgments by lower courts or quasi-judicial tribunals

or agencies become executory only after they shall become final and
executory.

Exception: Execution pending appeal of a decision is allowed only

where the law so provides (e.g. CSC under the Administrative Code,
Office of the President under the LGC)

Submission for decision

If the petition is given due course, the CA may set the case for oral
argument or require the parties to submit memoranda within a
period of fifteen (15) days from notice. The case shall be deemed
submitted for decision upon the filing of the last pleading or
memorandum required by these Rules or by the CA (Sec. 13)

The decision or final resolution of the CA is appealable to the SC by

petition for review in accordance with Rule 45 of the Revised
Rules of Court

D. PETITION FOR CERTIORARI, PROHIBITION, AND

MANDAMUS

Petition for certiorari, generally.

Certiorari – a special civil action directed against any tribunal,

board or officer exercising judicial or quasi-judicial functions which

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