Philippine Administrative Law
CHAPTER 2 – ADMINISTRATIVE AGENCIES
CHAPTER 1 – GENERAL CONSIDERATIONS
Administrative Law – branch of modern law under which the executive department of the government,
acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for
the purpose of promoting the well-being of the community as under laws regulating public interest,
professions, trades and callings, rates and prices, laws for the protection of public health and safety, and
the promotion of public convenience.
- Part of public law which fixes the organization of the government and determines the
competence of the authorities who execute the law and indicates to the individual remedies
for the violation of his rights.
 ORIGIN is LEGISLATION; JUSTIFICATION is EXPEDIENCY.
 Delegation of power, subject to certain broad policies intended to guide and limit them in the
exercise of their delegated power.
 By delegation, the legislature is able to relieve itself of the responsibility to legislate directly on
relatively minor matters and of attending as well to the adjudication of essentially factual
questions that more properly pertain to the executive authorities.
SOURCES of Administrative Law
1. Constitutional or statutory enactments creating administrative bodies,
2. Decisions of courts interpreting the charters of administrative bodies and defining their
powers, rights, inhibitions, among others, and the effects of their determinations and
regulations,
3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for
which they were created, and
4. Determinations and orders of the administrative bodies in the settlement of controversies
arising in their respective fields.
ADMINISTRATION
1. As an institution, the aggregate of individuals in whose hands the reins of government are for
the time being.
- Persons who actually run the government during their prescribed terms of office.
- GOVERNMENT – the agency or instrumentality through which the will of the state is
formulated, expressed and realized.
2. As a function, the actual running of the government by the executive authorities through the
enforcement of laws and the implementation of policies.
ADMINISTRATION as an ACTIVITY
1. Internal – rules defining the relations of public functionaries inter se and embraces the whole
range of the law of public officers; qualifications, work assignments, etc.
2. External – the relations of the public office with the public in general.
Law is an impersonal command provided with sanctions to be applied in case of violation.
Administration is preventive rather than punitive and is accepted to be more personal than law.
- The law is concerned only with the obedience to its mandate and not with the circumstances
or excuses of the violator.
- Administration may also clarify certain ambiguous provisions in statutes through the issuance
of INTERPRETATIVE REGULATIONS meant to make it easier for the people to understand
and so obey the law.
Administrative Agency – a body endowed with quasi-legislative and quasi-judicial powers for the purpose
of enabling it to carry out laws entrusted to it for enforcement or execution.
Agency – 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 or privileges and
adjudicate cases; research institutions with respect to licensing functions; government corporations with
respect to functions regulating private right, privilege, occupation or business; and officials in the
exercise of disciplinary power as provided by law.
Government Instrumentality – any agency of the National Government not integrated within the
department framework, vested with special functions or jurisdiction by law, endowed with some if not all
corporate powers, administering special funds, and enjoying operational autonomy, usually through a
charter.
- Chartered Institution – any agency organized or operating under a special character, and
vested by law with functions relating to specific constitutional policies or objectives.
Department – an executive department created by law.
Bureau – any principal subdivision of any department.
Office – within the framework of government organization, to any major functional unit of a department or
bureau, including regional offices.
- Any position held or occupied by individual persons, whose functions are defined by law or
regulation.
Attachment – lateral relationship between the department or its equivalent and the attached agency or
corporation for purposes of policy and program coordination.
Administrative Relationships:
1. Supervision and Control
2. Administrative Supervision
3. Attachment – Policy and Program coordination ONLY, still autonomous.
51+% - GOCC – stocks owned by the government. May be stock or non-stock performing governmental
or proprietary.
GFI – Government Financial Institutions – financial institutions or corporations in which the government
directly or indirectly owns majority of the capital stock and which are either: (1) registered with or directly
supervised by the Bangko Sentral ng Pilipinas; or (2) collecting or transacting funds or contributions from
the public and places them in financial instruments or assets such as deposits, loans, bonds, and equity
including, but not limited to, the GSIS and SSS.
Government Instrumentalities with Corporate Powers (GICP) / Government Corporate Entities (GCE) –
instrumentalities or agencies of the government, which are neither corporations nor agencies integrated
within the departmental framework, but vested by law with special functions or jurisdiction, endowed with
some if not all corporate powers, administering special funds, and enjoying operational autonomy usually
through a charter.
Non-chartered GOCC – organized through the Corporation Code.
Economic Viability Test – to determine GOCCs, as they compete in the PH Market.
Administrative Bodies – quasi-legislative and quasi-judicial but they pertain to executive department.
CTA is a special court dedicated exclusively to the study and consideration of tax problems. 2. Swearing in of witnesses
3. Interrogation of witnesses
Administrative Body may be created by the CONSTITUTION or STATUTE. 4. Calling for production of books, papers and records
5. Requiring that books, papers and records be made available for inspection
Doctrine of Qualified Political Agency – the power of the President to reorganize the National 6. Inspection of premises
Government may validly be delegated to his cabinet members exercising control over a particular 7. Requiring written answers to questionnaires
executive department. 8. Requiring periodic or special reports
9. Requiring the filing of statements
The courts of justice cannot be deprived of their inherent power to decide all questions of law,
particularly if they have been initially resolved by administrative bodies only. Quasi-judicial CHAPTER 4 – THE QUASI-LEGISLATIVE POWER
power/function is subjected to judicial review, or even reverse.
Legislative Rule – in the matter of subordinate legislation, designed to implement a primary legislation by
CHAPTER 3 – POWERS OF ADMINISTRATIVE AGENCIES providing the details thereof.
1. Quasi-Legislative – power of subordinate legislation and permits the body to promulgate rules Interpretative Rule – designed to provide guidelines to the law which the administrative agency is in
intended to carry out the provisions of particular laws. charge of enforcing.
2. Quasi-Judicial – power of adjudication – enables the administrative body to resolve, in a
manner essentially judicial, factual and sometimes even legal questions incidental to its Legislative Regulation Classification:
primary power of enforcement of the law. 1. Supplementary – intended to fill in the details of the law and “to make explicit what is only
general”. Its purpose is to enlarge upon a statute, subject only to the standards fixed therein,
Regulation must be germane to the objects and purposes of the law, and be not in contradiction to, but in to ensure its effective enforcement in accordance with the legislative will.
conformity with, the standards prescribed by law. 2. Contingent – Issued upon the happening of a certain contingency which the administrative
body is given the discretion to determine or “to ascertain, under and pursuant to the law, by
Administrative agencies have the powers and functions which may be administrative, investigatory, its own terms, makes its own action depend, or to find the facts or conditions properly
regulatory, quasi-legislative, quasi-judicial or a mix of five. prescribed under a law as passed will or will not operate, that is, for putting in effect, applying
or suspending a law.
Administrative rule – any agency statement of general applicability that implements or interprets a law, Requisites for a valid administrative regulation:
fixes and describes the procedures in, or practice requirements of, an agency, including its regulations. 1. Promulgation must be authorized by the legislature.
2. Must be within the scope of the authority given by the legislature.
Legislative Franchise vs Administrative Franchise – delegation, cannot go beyond authorized. 3. Promulgated in accordance with the prescribed procedure. EO 200, Tanada vs Tuvera. XPN:
internal in nature, interpretative regulation, regulate only personnel of the administrative
Valid Delegation – source of the power to promulgate administrative regulation. agency and not the public, LOI.
- Circumscribed by legislative restrictions. 4. Must be reasonable.
Test of Delegation:
1. Completeness Test – complete, the executive just need to enforce it. In case of conflict, the law shall prevail over the Rules.
2. Sufficient Standard Test – sufficient standard to specify the limits of the delegate’s authority,
announce the legislative policy, and specify the conditions under which it is to be 1. Executive Orders – acts of the President providing for rules of a general or permanent
implemented, i.e. “public interest”, “simplicity, economy and efficiency”, and “public welfare”. character in implementation or execution of constitutional or statutory powers.
2. Administrative Orders – acts of the President which relates to particular aspects of
Enabling Powers – those that permit the doing of an act which the law undertakes to regulate and which governmental operations in pursuance of his duties as administrative head.
would be unlawful without government approval, i.e. issuance of licenses, approval of articles of 3. Proclamations – acts of the President fixing a date or declaring a status or condition of public
incorporation. moment or interest, upon the existence of which the operation of a specific law or regulation
Directing Powers – doing or performance of particular acts to ensure compliance with the law and are is made to depend, and which shall have the force of an executive order.
often exercised for corrective purposes, i.e. use certain chemicals to protect the environment, install 4. Memorandum Orders – acts of the President on the matters of administrative detail or of
specific safety devices. subordinate or temporary interest which only concern a particular officer or office of the
Dispensing Powers – allows the administrative officer to relax the general operation of a law or exempt Government.
from the performance of a general duty. 5. Memorandum Circulars – acts of the President on matters relating to internal administration,
Summary Powers – those involving the use by administrative authorities of force upon persons or things which the President desires to bring to the attention of all or some of the departments,
without the necessity of previous judicial warrant, i.e. padlocking of establishments, shooting down mad agencies, bureaus or offices of the Government, for information or compliance.
dog, takeover of BSP of mismanaged banks. 6. General or Special Orders – acts and commands of the President in his capacity as
Examining Power – inspect the records and premises, and investigate the activities, of persons or Commander-in-Chief of the AFP.
entities coming under its jurisdiction. Includes:
1. Issuance of subpoenas
The power to define and punish crime is exclusively legislative and may not be delegated to the
administrative authorities.
Interpretation:
1. Whether the delegation of power was valid.
2. Whether the regulation was within the delegation.
3. Whether it was a reasonable regulation under a due process test.
CHAPTER 5 – THE QUASI-JUDICIAL POWER
-power of the administrative agency to determine questions of fact to which the legislative policy is to
apply, in accordance with the standards laid down by the law itself.
The action of an administrative agency in granting or denying or in suspending or revoking a license,
permit, franchise or certificate of public convenience and necessity is administrative or quasi-judicial.
Conditions for proper exercise of the Quasi-judicial power:
1 Jurisdiction must be properly acquired by the administrative body.
2 Due process must be observed in the conduct of the proceedings.
Jurisdiction – competence of an office or body to act on a given matter or decide a certain question.
Some administrative agencies may be allowed to award damages and some do not have the power
granted.
Doctrine of Implication
Shall not diminish, increase, or modify substantive rights.
Effective unless disapproved by the Supreme Court.
The provisions of the Rules of Court may be applied suppletorily to the rules of procedure of
administrative bodies exercising quasi-judicial powers, unless otherwise provided by law or the rules of
procedure of the administrative agency concerned.
The administrative bodies may summon witnesses and require the production of evidence when duly
allowed by law, and always only in connection with the matter they are authorized to investigate.
Investigate vs Adjudicate – examine vs decide.
The contempt power must be expressly conferred upon the body and, additionally, must be used only in
connection with its quasi-judicial as distinguished from its purely administrative or routinary functions.
- Indirect contempt – can only do so by initiating them in the proper RTC, it is not within their
jurisdiction and competence to decide the indirect contempt cases.
Due process – notice and hearing. The administrative proceeding shall be null and void if the right to
notice and hearing was denied. The right, however is not absolute, i.e. summary abatement of a
nuisance per se.
Technical rules of procedure and evidence do not apply to proceedings by administrative agencies, there
are cardinal rules which must be observed by the hearing officers in order to comply with the due
process requirements of the Constitution.
Cardinal Rights of Principles in administrative proceedings: (Ang Tibay vs CIR)
1. Right to a hearing.
2. Opportunity to present his case; the tribunal must consider the evidence presented.
3. Decision is supported by evidence.
4. The evidence must be substantial.
5. The decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected.
6. Act on its own independent consideration of the law and facts of the controversy, and not
simply accept the views of a subordinate in arriving at a decision.
7. Render decisions in such a manner that the parties to the proceeding can know the various
issues involved, and the reasons for the decisions rendered.
“impartial tribunal”
Procedural Rights in Administrative Proceedings include:
1. The right to actual or constructive notice of institution of proceedings which may affect a
respondent’s legal right.
2. A real opportunity to be heard personally or with the assistance of a counsel, to present
witnesses and evidence in one’s favor, and to defend one’s right.
3. A tribunal vested with competent jurisdiction and so constituted as to afford a person charged
administratively a reasonable guarantee of honesty as well as impartiality.
4. A finding by said tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained in the records or made known to the parties
affected.
The assistance of a counsel in an administrative proceeding is not indispensable.
The right to due process do not necessarily include the right to cross-examine.
- Does not require trial type proceeding.
- The requirement on how decisions of court (Art 8 sec 14), does not apply to administrative
decisions.
Substantial Evidence – relevant evidence as a reasonable mind might accept as adequate to support a
conclusion.
Review: SC – 30 Days from receipt through certiorari – ConCom decisions.
The power to impose sanctions depend on the law which vested the same authority to hear the case.
Enforce decision with court assistance, i.e. writ of execution or writ of mandamus.
GR: res judicata do not apply to administrative decisions.
XPN: the decision was affirmed by the court.
The principle of res judicata applies only to the exercise by administrative agencies of their quasi-judicial
power and may not be invoked in connection with their exercise of purely administrative functions.
CHAPTER 6 – JUDICIAL REVIEW
decisions may be appealed to the courts of justice only if the constitution or the law permits it or if the
issues to be reviewed involved questions of law.
Only final orders, rulings and decisions of the ConCom rendered in the exercise of their adjudicatory or
quasi-judicial powers may be subject to appeals. NOTE: Divisions then MR to en banc.
Questions of law vs questions of fact.
Questions of Law are appealable to the courts.
Methods of Review: Specific or General; prescribed by Constitution, statutes, or the Rules of Court
15 days from receipt of decision – NOTICE OF APPEAL – original court
- PETITION FOR REVIEW – appellate court
- Note: MR is required prior to appeal.
- The decision or award of the voluntary arbitrator

Doctrines for Judicial Review of Administrative Decisions:
1. Doctrine of Primary Jurisdiction or Prior Resort – primary jurisdiction of administrative
remedy; calls for the determination of administrative questions, which are ordinarily questions
of fact, by administrative agencies rather than the courts of justice.
2. Doctrine of Exhaustion of Administrative Remedies – calls for resort first to the appropriate
administrative authorities in the resolution of a controversy falling under their jurisdiction
before the same may be elevated to the courts of justice for review. FAILURE = lack of cause
of action; ground for dismissal of the complaint.
10. When the findings of fact are premised on the supposed absence of evidence and
contradicted by the evidence on record.
11. When the CA manifestly overlooked certain relevant facts not disputed by the parties,
which, if properly considered, would justify a different conclusion.
QUESTIONS OF LAW:
They can determine questions of law but may be reviewed and reversed by the courts in proper cases.
The interpretation of an agency of its own rules should be given more weight than the interpretation by
the agency of the law it is merely tasked to administer.

When two administrative agencies have concurrent jurisdiction, the first to acquire jurisdiction shall
exercise jurisdiction to the exclusion of the others.

General Exceptions from Exhaustion of Administrative Remedy:

1. The question is purely legal – futile.
2. When the administrative body is in estoppel.
3. When the act complained of is patently illegal.
4. Where there is an urgent need for judicial intervention.
5. When the claim involved is so small.
6. When irreparable damage will be suffered.
7. When there is no other plain, speedy ad adequate remedy.
8. When strong public interest is involved.
9. When the subject of the controversy is private land.
10. In quo warranto proceedings.

Doctrine of Qualified Political Agency – Cabinet Members acting for and in behalf of the President. Alter
ego doctrine. No need of appealing the decision of the cabinet members to the President.

The Executive Control is absolute within the executive structure but subject to judicial review.

Noncompliance of exhaustion of Administrative Remedies results to lack of cause of action which may
be invoked in a motion to dismiss.
- Must be raised at the earliest possible time.
- Failure to observe the doctrine of exhaustion of administrative remedies does not affect the
jurisdiction of the court.

QUESTIONS of FACT:
In reviewing administrative decisions of the executive branch of the government, the findings of facts
made therein are supported by substantial evidence
- XPN:
1. When the findings are grounded entirely on speculation, surmises, or conjectures.
2. When the inference made is manifestly mistaken, absurd or impossible.
3. When there is grave abuse of discretion.
4. When the judgment is based on misapprehension of facts.
5. When the findings of fact are conflicting.
6. When in making its findings, the CA went beyond the issues of the case, or its findings
are contrary to the admissions of both the appellant and the appellee.
7. When the findings are contrary to the trial court.
8. When the findings are conclusions without citation of specific evidence on which they
are based.
9. When the facts set forth in the petition as well as in the petitioner’s main and reply briefs
are not disputed by the respondent.