Chapter 1

General Considerations Other reasons for development

Administrative Law Separation of powers

 Dean Roscoe Pound - “That branch of modern
law under which the executive department of  No longer had either the
time or the needed
the government, acting in a quasi-judicial
expertise to attend to
capacity, interferes with the conduct of the these new problems.
individual for the purpose of promoting the Legislative  Lack of interest as most of
well-being of the community, as under the laws these problems did not
immediately affect the
regulating the public interest; professions;
constituent of its
trades and callings; rates and prices; laws for members.
protection of public health and safety; and the  No longer had either the
promotion of public convenience”. Executive time or the needed
expertise to attend to
 Professor Goodnow - “That part of the public
these new problems
law which fixes the organization of the
 Natural reluctance to
government and determines the competence of interfere with this
the authorities who execute the law and Judiciary problems which they felt
indicates to the individual remedies for the were the concern of and
violation of his right”. should be resolve the
 Justice Frankfurter - “Branch of law which deals executive department
with the field of legal control exercised by law-
administering agencies other than courts, and
the field of control exercised by courts over
such agencies.”  The obvious solution was DELEGATION OF
POWER.
 Object and scope of Admin Law: The regulation  Effect of delegation: The legislature is able to
of private right for public welfare. relieve itself of the responsibility to legislate
 Origin of Admin Law – Legislation directly on relatively minor matters and of
 Justification of Admin Law – Expediency attending as well to the adjudication of
essentially factual questions that more properly
 Admin law resulted from the following:
(a) pervasive prolixity of the modern age pertain to the executive authorities. In this
(b) the increasing difficulties confronting the manner, the legislature can concentrate on
government matters of national and greater significance.

 Two Major Powers of an Administrative  Present status of administrative law:

Agency (a) Still in the state of flux
(1) Quasi-legislative authority or rule-making
(b) Boundaries are as yet undefined
power
(2) Quasi-judicial power or adjudicatory (c) Still undergoing a process of experimentation
function (d) Proceeds on a trial-and-error basis as it seeks to
discover the most acceptable ways
Development of administrative law

Difficulties as the  Sources of Administrative Law

Separation of Duties population grew
Powers and people's (1) Constitutional or Statutory enactments creating
activities
multiplied administrative bodies.
Legislative Laid down all rules To deal directly & (2) Decisions of courts interpreting the charters of
of conduct expeditiously w/ administrative bodies and their defining powers,
every problem rights, inhibitions, among others, and the effects
Executive Direct and To directly decide
enforcement of controversies w/c
of their determinations and regulations.
rules of conduct presented mostly (3) Rules and regulations issued by the
only factual issues administrative bodies in pursuance of the
Judiciary Application and Task of purpose for which they were created.
interpretation of enforcement of
rules of conduct the law became
more complicated
1|Administrative Law Reviewer
 (4) Determinations and orders of the administrative those who have dealings or transactions with
bodies in the settlement of controversies arising the said office
in their respective fields.  These rules are promulgated by the
administrative agency in the exercise of its
quasi-legislative authority for the regulation of
specific matters placed under its jurisdiction.
Administration  Examples: Energy Regulatory Board on
adjustments in the rates charged by distributors
Distinguish Government from Administration of electricity; POEA on recruitment for overseas
employment

Government Administration Administration distinguished from law

Agency / instrumentality Transitional in nature,
through which the will of which actually mans the
Administration Law
the State is formulated, government and is more
expressed and realized. or less permanent fixture
in every State.
Preventive Punitive (command with
sanctions to be applied in
case of violation)

 Administration understood in 2 senses

(1) Institution Personal Impersonal
(2) Function
Has more sympathetic Steps back and fold its arm
Administration as an Institution regard for the individual and maintains a watchful
 Refers to the aggregate individuals in whose eyes on those who violate
hands the reins of government are for the time its order
being
 Refers to the persons who actually run the
government during their prescribed term of Seeks to spare the Pounced upon and visited
office individual from the with the threatened
 Includes all the personnel in the executive punishment punishment
branch who are charged with the enforcement
of the law
Clarify certain ambiguous
provisions in statutes
Administration as a Function through the issuance of the
 Actual running of the government by the interpretative regulations
executive authorities through the enforcement
of the law and the implementation of the
policies. Viewed as welcome Harshness
balancing factor
 Administration as an activity
(1) Internal Administration
(2) External Administration
Chapter 2
Internal Administration Administrative Agency
 Covers those rules defining the relations of
public functionaries inter se
 Embraces the whole range of the law of public Administrative Agency
officials.  A body endowed with quasi- legislature and
 Rules laid down in a particular agency or office quasi- judicial powers for the purpose of
 Examples: prescribing work assignments or job enabling it to carry out laws entrusted to it for
descriptions and uniforms; procedures for enforcement or execution.
submission of reports Agency
 Any department, bureau, office, commission,
External Administration authority or officer of National Government
 Defines the relations of the public office with authorized by law or executive order to make
the public in general rules, issue licenses, grant rights or privileges
 Do not necessarily affect the personnel of the and adjudicate cases; research institutions with
office but are promulgated by observance by respect to the licensing functions; government

2|Administrative Law Reviewer

 corporation with respect to function regulating  Any agency organized as a stock or non-stock
private rights, privileges, occupation or corporation vested with functions related to
business; and officials in the exercise of public needs whether governmental or
disciplinary power as provided by law. proprietary in nature, and owned by the
government directly or through its
Government instrumentality instrumentalities, either wholly or, where
 Agency of the National Government not applicable, as in the case of stock corporations,
integrated within the department framework, to the extent of at least 51% of its capital stock,
vested with special functions or jurisdiction by is a government-owned or controlled
law, endowed with some or ifnot all corporation.
corporate powers, administering special funds,
and enjoying operational autonomy.( Malaga Nature of an Administrative Agency
vs. Penachos Jr.)  It is an arm of the legislature in so far as it is
authorized to promulgate rules that have the
force of law by virtue of valid delegation of
Chartered institution legislative power.
 Agency organized or operating under a special  May be considered as a court because it
charter, and vested by law with fictions relating performs a function of a particular judicial
the specific constitutional policies or objectives. character, as when it decides factual and
sometimes even legal questions as an incident
Department of its general power of regulation.
 An executive department created by law.  Basically, an administrative agency pertains to
the executive department because its principal
Bureau function is the implementation of the law in
 Any principal subdivision of department accordance with the policies and instructions
laid down by the legislature.
Office
 Refers within the framework of the *Administrative bodies (board, commission, authority,
Government organization, to any major administration, bureau, agency, council, committee,
functional unit of a department or bureau, office)
including Regional office.

Instrumentality  Classification of administrative bodies

 Any agency of the National Government, not (1) Those set up to offer some gratuity, grant or
integrated within the department framework, special privileges. (Philippine Veterans
vested with special function. Association)
(2) Those set up to carry on certain actual business of
Agency attached to the department government. (Bureau of Customs)
 Lateral relationship between the department or (3) Those set up to perform some business service for
its equivalent and the attached agency or the public. (now defunct Bureau of Posts)
corporation for the purpose of policy and (4) Those set up to regulate business affected with
program coordination. public interest. (LTFRB)
 Note: An attached agency has a larger measure (5) Those set up to regulate private business and
of independence from the Department to which individuals under the police power. (SEC)
it is attached than one which is under (6) Those set up to adjust individual controversies
departmental supervision and control or because of some strong social policy involved.
administrative supervision. (NLRC)
 Note: The purpose of attachment is merely for
“policy and program coordination.” Creation and Abolition of Administrative Agencies
 Note: The Administrative Code provides that  Constitution - may be altered or abolish ONLY
supervision and control shall not apply to through constitutional amendments.
chartered institutions attached to a  Statute - may be amended or repealed by
Department. legislature in good faith.
Authority
 Term used to designate both incorporated and  Advantages of Administrative Agency
non-incorporated agencies or instrumentalities (1) Expertise derived from specialized training
of the government. and experience.
(2) Adaptability to change and ease in reacting to
Government owned and controlled corporation a new emergency situation.

3|Administrative Law Reviewer

Relation to Regular Departments Judicial Department The courts can review, or
even reverse, the
administrative acts even
The administrative body acts of the Chief Executive.
as an agent of the law-
making body and so is bound
Note: Courts of justice as a
to obey and implement the
legislative will.
matter of policy, review
administrative
Note: Insofar as it is a adjudications only as a last
creature of the legislature, it resort and, usually, only
(administrative body) may be when questions of law are
Legislative Department abolished at its will, or its involved.
incidents (such as salary and
emoluments or
appropriations attached
thereto) altered in the
discretion of the legislature.

Effect: The legislature exerts Chapter 3

a great deal of influence
upon the administrative body
Powers of Administrative Agencies
that can impair its
independence.  Classification of the powers of the administrative
bodies:
(1) Quasi-legislative
The administrative agency (2) Quasi-judicial
pertains to the executive
department and so comes Quasi-legislative
Executive Department under the constitutional  Otherwise known as the power of subordinate
control of the President, legislation. It permits the body to promulgate
which control cannot be rules intended to carry out the provisions of
withdrawn or limited even particular laws. The jurisdiction of the
by the legislature. administrative body is quasi-legislative if it
prescribes a rule for the future. The nature of
Note: The President may the quasi-legislative power is public.
issue his own orders to the
administrative agency and Quasi-judicial
review and, if necessary  Otherwise known as the power of adjudication.
revise or even reverse its It enables the administrative body to resolve in
decisions. a manner essentially judicial, factual and
sometimes even legal questions incidental to its
Effects: primary power of enforcement of law. It
- The administrative prescribes a rule for the past and is private in
agency cannot claim nature.
independence from the
executive department
given the power of
control exercised by the The Quasi-Legislative Power
President.  It may be defined as the authority delegated by
- Anomalous situation the law-making body to the administrative body
where a delegate of the to adopt rules and regulations intended to carry
legislature must not only out the provisions of a law and implement
legislative policy.

The courts may review the Distinction of Legislative Power from Quasi-Legislative
factual findings of power
administrative offices by
authority of law, or when Quasi-legislative power Legislative power
necessary under the due
Includes the power to issue The power to promulgate
process clause, if such
administrative rules and laws and the kind of
determinations have been regulations. It also gives discretion given to the
made arbitrarily. discretion to administrative legislature is to determine
bodies to determine how the what the law shall be.
4|Administrative Law Reviewer
 law shall be enforced. o Summary power – are those involving
the use by administrative authorities of
force upon persons or things without
 Source: The power to promulgate the necessity of previous judicial
administrative regulations is derived from the warrant.
legislature by virtue of a valid delegation. This o Examining power – enables the
may be expressed or implied. administrative body to inspect the
records and premises, and investigate
 Tests of Delegation the activities, of persons or entities
coming under its jurisdiction. This will
(1) Completeness test – the law must be complete include:
in all its terms and conditions when it leaves the  Issuance of subpoenas
legislature so that when it reaches the delegate, it  Swearing in of witnesses
will have nothing to do but to enforce it.  Interrogation of witnesses
(2) Sufficient Standard test – the law must offer a  Calling for production of books,
sufficient standard to specify the limits of the papers and records
delegate’s authority, announce the legislative  Requiring that books, papers
policy, and specify the conditions under which it is and records be made available
to be implemented. The standard is usually for inspection
embodied in the law itself.  Inspection of premises
 Requiring written answers to
Among the accepted sufficient standards are: public questionnaires
interest, simplicity, economy and efficiency, and  Requiring the filing of
public welfare. statements

Exercise of Powers
The duties of administrative bodies are
Quasi-Judicial Power
generally considered discretionary, especially as they
 It has been defined as the power of the
involve the interpretation or construction and
administrative authorities to make
enforcement of the law and the appreciation of factual
determinations of facts in the performance of
questions that may be submitted to it for resolution.
their official duties and to apply the law as they
Some administrative duties are ministerial which means
construe it to the facts so found. The exercise of
that no judgment or discretion is required or allowed in
this power is only incidental to their main
their exercise.
function, which is the enforcement of the law.
However, their determination of legal questions
is subject to review by the courts of justices.
 The quasi-judicial power is incidental to the Chapter 4
power of regulation vested in the The Quasi-Legislative Power
administrative body but it is often expressly
conferred by the legislature through specific
provisions in the charter of the agency. This  Kinds of Administrative Regulations
power is needed to enable the administrative (1) Legislative Regulation
officers to perform their executive duties. (2) Interpretative Regulation

Determinative Powers
Legislative Regulation
Classification of determinative powers:  Accorded by the courts or by express provision
(1) Enabling powers – are those that permit the of statute the force and effect of law
doing of an act which the law undertakes to immediately upon going into effect
regulate and which would be unlawful without  The administrative agency is supplementing the
government approval. statute, filling in the details or “making the
(2) Directing powers – order the doing or law,” and usually acting pursuant to a specific
performance of particular acts to ensure delegation of legislative power
compliance with the law and are often  In the nature of subordinate legislation
exercised for corrective purposes. designed to implement a primary legislation
o Dispensing power – allows the providing the details thereof
administrative officer to relax the  Issued pursuant to a valid delegation of
general operation of a law or exempt legislative power
from the performance of a general
duty.  Classification of Legislative Regulation:

5|Administrative Law Reviewer

 (1) Supplementary - intended to fill in the details of since the law did not prohibit fishing byy
the law and “to make explicit what is only electricity. The SC ruled that the Secretary of
general” Agriculture and Commissioner of Fisheries were
(2) Contingent - issued upon the happening of a powerless to penalize it.
certain contingency which the administrative “ The rule-making power must be
body is given the discretion to determine or to confined to details for regulating the
ascertain some circumstances and on the basis mode or proceeding to carry into effect
thereof may enforce or suspend the operation the law as it has been enacted. The
of a law. power cannot be extended to amending
or expanding the statutory
requirements or to embrace matters not
Interpretative Regulation covered by the statute.”
 Are those which purport to do no more than  In Bautista vs Juinio, the SC sustained a letter of
interpret the statute being administered, to say instruction prohibiting private extra-heavy and
what it means heavy vehicles from using public streets on
 Constitutes the administrator's construction of weekends and holidays but annulled as ultra
a statute vires the administrative regulation calling for
 Issued by the administrative body as an incident the impounding of the offending vehicles. As
to its power to enforce the law and is intended the penalty imposed by the law was only a fine
merely to clarify its provisions for proper and suspension of registration, the Court
observance by the people. declared that “ the impounding of a vehicle
 At best advisory for it is the courts that finally finds no statutory justification.”
determine what the law means (Peralta vs. CSC)  In Metropolitan Traffic Command vs. Gonong,
the SC declared the removal by traffic enforcers
of the license plates of illegally parked vehicle
 Requisites of Administrative Regulation as illegal. Said law did not include the removal
(1) Its promulgation must be authorized by the of license plates, or even the confiscation of the
legislature. license of the offending driver as a penalty for
(2) It must be within the scope of the authority illegal parking.
given by the legislature.
(3) It must be promulgated in accordance with the It must be promulgated in accordance with the
prescribed procedure. prescribed procedure.
(4) It must be reasonable.  As in the enactment of laws, the promulgation
of administrative regulations of general
Its promulgation must be authorized by the legislature. application does not require previous notice
 Authority to promulgate the regulation is and hearing, the only exception being where
usually conferred by the Charter itself of the the legislature itself requires it . In the absence
administrative body or by the law it is supposed of such a requirement, the administrative body
to enforce. can promulgate the regulation in its exclusive
 Limitation: When Congress authorizes discretion.
promulgation of administrative rules and  But where the regulation is in effect a
regulations to implement given legislation, all settlement of a controversy between specific
that is required is that the regulation be not in parties, it is considered an administrative
contravention with it, but to conform to the adjudication and so will require notice and
standards that the law prescribes. hearing.
 As for publication, the applicable rule is now
It must be within the scope of the authority given by found in Executive Order No. 200 which
the legislature. provides that laws “shall take effect after fifteen
 Assuming a valid authorization, it is still (15) days following the completion of their
necessary that the regulation promulgated publication either in the Official Gazette or in a
must not be ultra vires or beyond the authority newspaper of general circulation in the
conferred. Philippines, unless it is otherwise provided.”
 The rule-making power of a public  Interpretative regulations and those merely
administrative body is a delegated legislative internal in nature, that is, regulating only the
power, which it may not use either to abridge personnel of the administrative agency and not
the authority given by congress or the the public, need not be published.
Constitution or to enlarge its power beyond the  Publication must be in full or it is no publication
scope intended. (Conte vs. COA) at all since its purpose is to inform the public of
 In the case of People vs. Maceren, the issued a the contents of the law.
regulation prohibiting “electro-fishing” was  The Supreme Court, it would seem, requires
challenged on the ground that the Secretary of publication of the administrative regulation only
DENR exceeded the powers conferred upon him
6|Administrative Law Reviewer
 if it is of general application and penal in Chapter 5
nature.
The Quasi-Judicial Power
It must be reasonable.
 Like statutes, administrative regulations
promulgated thereunder must not be
Quasi-Judicial Power
unreasonable or arbitrary as to violate due
 Also known as the administrative agency’s
process.
power of adjudication, is the power of the
 In Taxicab Operators of Metro Manila vs. Board
administrative agency to determine questions
of Transportation, the SC declared the
of fact to which the legislative policy is to apply,
regulation phasing out taxicabs more than 6
in accordance with the standards laid down by
years old as reasonable, holding that its
the law itself.
purpose was to promote the convenience and
comfort and protect the safety of the
“Doctrine of Primary Administrative Jurisdiction”
passengers. (police power)
 Under the doctrine of primary administrative
jurisdiction, courts will not determine a controversy
where the issues for resolution demand the exercise
Penal Regulations of sound administrative discretion requiring the
 The power to define and punish crime is special knowledge, experience, and services of the
exclusively legislative and may not be delegated administrative tribunal to determine technical and
to the administrative authorities. While intricate matters of fact.
administrative regulations may have the force
and effect of law, their violation cannot give rise Will adherence to the doctrine of primary
to criminal prosecution unless the legislature administrative jurisdiction result to overlapping with
makes such violation punishable and imposes the functions of regular courts of justice? No. If a case is
the corresponding sanctions. such that its determination requires the expertise, specialized
training, and knowledge of an administrative body, relief must
 Special requisites of a valid administrative first be obtained in an administrative proceeding before resort
regulation with a penal sanction: to the court is had even if the matter may well be within the
latter's proper jurisdiction.
(1) The law itself must make violation of the The objective of the doctrine of primary jurisdiction is to guide
administrative regulation punishable; the court in determining whether it should refrain from
(2) The law itself must impose and specify the exercising its jurisdiction until after an administrative agency
penalty for the violation of the regulation; has determined some question or some aspect of some
(3) The regulation must be published. question arising in the proceeding before the court.

Construction and Interpretation “Quasi-judicial function”

 Regulation should be read in harmony with the  Refers to the actions or discretions of public
statute and not in violation of the authority administrative officers or bodies , that are
conferred on the administrative authorities. required to investigate facts, or ascertain the
 The administrative regulation that contravenes existence of facts, hold hearings and draw
the statute is, of course, invalid. conclusions from them, as a basis for their
official action and to exercise discretion of a
Enforcement judicial nature.
 It is established that the power to promulgate
administrative regulations carries with it the  Requisites to exercise quasi-judicial power
implied power to enforce them. This may be (1) Jurisdiction (must be properly acquired by the
effected through judicial action or through administrative body)
sanctions that the statute itself may allow the (2) Due process (must be observed in the conduct of
administrative body to impose. the proceedings)

Amendment or Repeal
 Like the statute, the administrative regulation
promulgated thereunder is subject to JURISDICTION
amendment or repeal by the authorities that  The competence of an office or body to act on a
promulgated them in the first place. given matter or decide a certain question.
 May be changed directly by the legislature. Without jurisdiction, the determination made
by the administrative bodies are absolutely null
and without any legal effect whatsoever.

7|Administrative Law Reviewer

Which entity has the power to confer jurisdiction?
It is the regular courts’ power to adjudicate cases
It is the legislature that has the power to confer involving violations of rights which are legally
jurisdiction upon the administrative body and so limit or
demandable and enforceable.
expand its authority.It is a well-settled principle that
unless expressly empowered, administrative agencies
RCPI v. Board of Communications
are bereft of quasi-judicial power.
The respondent administrative body did not have the
Are the courts of justice vested with jurisdiction over power to impose fines upon petitioner for non-delivery
commissions in the exercise of quasi-judicial functions? of telegrams, resulting in mental anguish and extra
In the exercise of quasi-judicial functions, the expenses to addressees.
Commission is a co-equal body with the RTC and co-
equal bodies have no power to control the other. (PCGG
Lepanto Consolidated Mining Compnay v. WMC
v. Peña).
Resources Int’l Pty. Ltd
Are there scope and limits in the exercise of quasi-
judicial functions of administrative bodies? The Mines and Geosciences Bureau has jurisdiction over
a controversy pertaining to mining rights.
The law may allow some administrative bodies to award
certain kinds of damages while denying the same Boiser vs. Court of Appeals
power, for no apparent reason, to other administrative
bodies. The National Telecommunications Commission is not
authorized to adjudicate breach of contract cases, much
For example, the SEC and NLRC are allowed to award less award moral and exemplary damages.
damages virtually to the same extent as a court of
justice. Yet similar authority has not been conferred by Davao New Town Dev’t Corp. v. Commission on the
its charter to NTC. Settlement of Land Problems (COSLAP)

Cases: The jurisdiction of COSLAP is confined only to disputes

over lands in which the government has proprietary or
Cariño v. Commission on Human Rights
regulatory interest.
Commission on Human Rights has no power to
adjudicate over certain cases like alleged human rights
violations involving civil or political rights. The most that
may be conceded to the Commission in the way of
adjudicative power is that it investigate (fact-finding). National Federation of Labor v. Eisma

Lastimosa v. Vasquez The labor arbiterhas the power to award damages

arising from picketing.
The Ombudsman’s power to investigate and prosecute
includes the investigation and prosecution of any crime Hydro Resources Contractors Corporation v. National
committed by a public official regardless of whether the Irrigation Administration
acts or omissions complained of are related to, or
connected with, or arise from the performance of his The National Irrigation Administrator (NIA)
official duty. Administrator has the power of granting claims. Said
power can necessarily be implied from its express
International Broadcasting Corporation v. Jalandoon
power of adjudication.
The Securities and Exchange Commission (SEC) has
jurisdiction over any intra-corporate controversy which Southern Cross Cement Corp. v. Cement
may have arisen from ownership of shares of stocks. Manufacturers Assoc. of the Phils.

Syquia v. Board of Power and Water Works The Department of Trade and Industry has no intrinsic
right, absent statutory authority, to reverse the findings
The regulatory board has no jurisdiction over of the Tariff Commission.
over petitioner'scontractual relations with respondents-
complainants as her tenants, since petitioner is not
engaged in a public servicenor in the sale of electricity 1. Rules of Procedure
without permit or franchise. This case gives rise to a
Where an administrative body is expressly granted the
question purely civil in character that is to be adjudged
power of adjudication, it is also deemed vested with the
under the provisions of the Civil Code and not the Public
implied power to prescribe the rules to be observed in
Service Act.
the conduct of its proceedings (Angara v. Electoral
Manila Electric Company v. Court of Appeals Commission).

8|Administrative Law Reviewer

 The Court may punish contumacy or refusal to obey as
contempt.
“Doctrine of Implication”
 States that what is implied in the language of a In Cariño v. Commission on Human Rights, the
statute is as much a part of it as that which is Supreme Court distinguishedbetween the power to
expressed. Thus, the incidental power to “investigate” and the power to “adjudicate”
promulgate the rules necessary for the proper
exercise of its exclusive power must be deemed Power to Investigate Power to Adjudicate
necessary by implication to be lodged in  Means to examine,  Means to adjudge,
administrative bodies such as the Electoral explore, inquire, delve or arbitrate, judge,
probe into; determine, resolve, rule
Commission.
 to follow up step by step on, settle;
by patient inquiry or  to settle in the exercise
What method of procedure should be used? observation of judicial authority
When the statute does not require any particular  Purpose is tofind out, to  Purpose is tosettle,
method of procedure to be followed by an learn, obtain information decide or resolve a
administrative agency, the agencymay adopt any controversy involved in
reasonable method to carry out its functions (Provident the facts inquired into
Tree Farms, Inc. v. Batario, Jr). by application of the
law
However, the rules of the agency must not violate
fundamental rights or encroach upon constitutional
prerogatives(Phil.Lawyers Assoc. v. Agrava). Cases:

How should the administrative rules of procedure be Carmelo v. Ramos

construed? Authority to conduct an investigation does not
necessarily mean it can also summon witnesses and
Administrative rules of procedure should be construed
take testimony in the absence of a clear grant of this
liberally. In order to:1) to promote their object; and, 2)
power from the legislature
to assist the parties in obtaining a just, speedy and
inexpensive determination of their respective claims
Pascual v.Board of Medical Examiners
and defenses(Agusmin Promotional Enterprises, Inc.v.
The constitutional guarantee against self-incrimination
CA).
extends to administrative proceedings which possess a
The provisions of the Rules of Court may be applied criminal or penal aspect. The Board of Medical
suppletorily to the rules of procedure of administrative Examiners cannot compel the person proceeded against
bodies exercising judicial powers unless otherwise to take the witness stand without his consent.
provided by law or the rules of procedure of the
administrative agency concerned (Samalio v.CA).
3. The Contempt Power
Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Like the subpoena power, the power to punish for
SC (Constitution Art.8, Sec. 5(5)). contempt is essentially judicial and cannot be claimed
as an inherent right by the administrative body.
The power of administrative agencies to promulgate
rules of procedure does not or cannot be construed as To be validly exercised, it must be expressly conferred
allowing it to “grant itself jurisdiction” since rules of upon the body and, additionally, must be used only in
procedure areremedial in nature and cover only rules connection with its quasi-judicial as distinguished from
on pleadings and practice(DARAB v.Lubrica). its purely administrative or routinary functions.
2. The Subpoena Power
As a rule, where, say, a subpoena of the administrative
General Rule: The power to issue subpoena and body is disregarded, the person summoned may not be
subpoena duces tecum is not inherent in administrative directly discipline by that body. The proper remedy id
bodies. Administrative bodies may summon witnesses for the administrative body to seek assistance of the
and require the production of evidence only when 1) courts of justice for the enforcement of its order.
duly allowed by law, and 2) in connection with the
matter they are authorized to investigate. Unless The power to hold in contempt must be exercised not
otherwise provided by law, the agency may, in case of on the vindictive, but on the preservative principle.
disobedience, invoke the aid or Regional Trial Court
within whose jurisdiction the contested case falls. Cases:

Exception: The power to issue subpoena may be Tolentino v. Inciong

expressly granted in the charter of the administrative A labor official’s power to hold a person for contempt
body. for refusal to comply with its order cannot extend to a

9|Administrative Law Reviewer

CFI judge; remedy of administrative official- seek a (2) the tribunal must consider the evidence
dismissal of the case before the court precisely on the presented;
ground that the matter did not fall within the domain of (3) the evidence must have something to support
the powers conferred on it. its decision;
(4) the evidence must be substantial- relevant
Dumarpa v.Dimaporo evidence as a reasonable mind might accept as
The power to hold in contempt must be exercised on adequate to support a conclusion; Rationale-
the preservative principle. to free administrative boards from the
compulsion of technical rules
Land Bank of the Phils.v. Listana (5) the decision must be rendered on the evidence
Quasi-judicial agencies that have the power to cite presented at the hearing, or at least contained
persons for indirect contempt can only do so by in the record and disclosed to the parties
initiating them in the proper RTC. affected; boards of inquiry- their report and
decision are only advisory
(6) the Court of Industrial Relations or any of its
DUE PROCESS judges, therefore, must act on its or his own
independent consideration of the law and facts
General Rule: The right to notice and hearing is of the controversy, and not simply accept the
essential to due process and its non-observance will as views of a subordinate in arriving at a decision;
a rule invalidate the administrative proceedings. (7) the Court of Industrial Relations should, in all
Persons are entitled to be notified of any pending case controversial questions, render its decision in
affecting their interests so that, if they are minded, they such a manner that the parties to the
may claim the right to appear therein and present their proceeding can know the various issues
side or refute the position of opposing parties. involved and the reasons for the decisions
rendered
When can the administrative agency deny notice and
hearing? (EXP to GR) It is basic to due process that the tribunal considering
the administrative question be impartial, to ensure a
 The right to notice and hearing can be dispensed fair decision.
with in the following instances:
(1) Urgency of the immediate action Cases:
(2) Tentativeness of the administrative action
(3) The right had previously been offered but not Montemayor v. Bundalian:
claimed The burden is on the complainant to prove by
substantial evidence the allegations in his
Some accepted exceptions: complaint.Administrative decisions of the executive
 Summary abatement of a nuisance per branch of the government must be respected so long as
se –e.g. mad dog on the loose which they are supported by substantial evidence.
can be killed outright as a matter of
self-defense Administrative decisions in matters within the
 Preventive suspension of a public executive jurisdiction can only be set aside on
servant facing administrative charges proof of 1)gross abuse of discretion, 2)fraud, or
 Padlocking of filthy restaurants or 3)error of law.
theatres showing obscene movies –
threat to public health and decency Zambales Chromite v. CA: it is grave abuse of discretion
 The cancellation of a passport of a for a department secretary to review his own decision
person sought for criminal prosecution while Director of Mines; Remedy:he should ask his
 The summary distraint and levy of undersecretary to review a decision rendered by him.
property of a delinquent taxpayer
 Replacement of a temporary or acting Rivera v. CSC: the reviewing officer must be other than
appointee the officer whose decision is under review.

What rights or principles should be observed in Corona v.CA: the aggrieved party should not be one and
administrative proceedings? the same official upon whose lap the complaint he has
filed may eventually fall on appeal;
 The cardinal rights or principles to be observed in nemopotestessesimul actor etjudex- No man can be at
administrative proceedings are the following: once a litigant and judge.

(1) right to a hearing- includes the right of the Caoile v. Vivo: the law does not require another notice
party interested or affected to present his own and hearing for a review of the decision of the board of
case and submit evidence in support thereof; special inquiry on the basis of the evidence previously
presented.
10 | A d m i n i s t r a t i v e L a w R e v i e w e r
Marvel Bldg.v. Ople: no denial of due process if Javier v. COMELEC
petitioners received notice of the scheduled
investigation the day before said date of the hearing or The judge must not only be impartial but must also
investigation appear to be impartial as an added assurance to the
parties that his decision will be just.
Alvarez v.Ople: there was denial where the decision
was rendered against a person who was not a party to ERB v. CA
or even notified of the proceedings taken before a labor Complainants have the burden of proving by substantial
arbiter. evidence the allegations in their complaints.

Globe v. NTC: hearing is essential before a fine may be Administrative Appeals and Review
imposed.
General Rule: An appeal from a final decision of the
Pefianco v. Moral: administrative resolution- basis for administrative agency may be taken to the department
any further remedies that a respondent in an head, whose decision may further be brought to the
administrative case might wish to pursue. regular courts of justice, in accordance with the
procedure specified by law.
Sec. of Justice v. Lantin: Reqt’s of Quasi-Judicial Exception: Unless otherwise provided by law or
Proceeding- 1) taking and evaluation of evidence, 2) executive order
determining facts based on the evidence presented, 3)
rendering an order or decision supported by the facts
proved. Enforcement of Decision

Phil.Merchant Marine School Inc. v. CA: findings of fact How can appeal be made?
of administrative departments are generally accorded In the absence of any statute providing for the
respect, if not finality, by the courts. enforcement of an administrative determination, the
same cannot be enforced except possibly by appeal to
American Tobacco Co.v. Dir. of Patents: the officer who the force of public opinion.
makes the determination must consider and appraise It is an administrative penalty which administrative
the evidence which justifies them. officers are empowered to impose without criminal
prosecutions (CAB vs. PAL).
Valladolid v.Inciong: no denial of the right to due
process on the basis of position papers submitted by A writ of mandamuslies to enforce a ministerial duty or
the parties. the performance of an act which the law specifically
enjoins as a duty resulting from office, trust or station
GMCR, Inc.v. Bell Telecomm. Phils. Inc.: the vote alone (San Luis v. CA).
of the Chairman of Commission is not sufficient to
legally render an NTC order, resolution or decision.  Sanctions for Enforcement of decisions:
Quiambao v.CA: where opportunity to be heard either (1) Revocation of or refusal to renew
through oral arguments or through pleadings is licenses
accorded, there is no denial of due process. (2) Destruction of unlawful articles e.g.
pornographic materials and narcotic drugs or
Autencio v. Manara: appeal/motion reconsideration- marijuana
remedy to cure defects in procedural process (3) Summary closure of stores found
engaged in profiteering or hoarding
Boyboy v.Yabut: Gen. Rule- trial-type proceeding is not (4) Refusal to grant clearances
required; Exception- where the findings are necessarily (5) issuance of “cease and desist” orders
to be based on the credibility of the witnesses or to public utility companies from
complaints. charging excessive rates
(6) Detention and deportation of aliens
 ELEMENTS OF DUE PROCESS: (7) Imposition of fines
(1) there must be a court or tribunal clothed with
judicial power to hear and determine the Res Judicata
matter before it;
(2) jurisdiction must be lawfully acquired over the General Rule: The decisions and orders of
person of the defendant or property which is administrative agencies rendered pursuant to their
the subject of the proceedings; quasi-judicial authority, have, upon their finality, the
(3) the defendant must be given an opportunity to force and binding effect of a final judgment within the
be heard; and purview of the doctrine res judicata (Brillantes v.
(4) judgment must be rendered upon lawful Catro).
hearing (NAPOCOR v.Chiong).
11 | A d m i n i s t r a t i v e L a w R e v i e w e r
Exceptions: Note:
(1) when it is repugnant to law, morals, good -Petition for review (appeal) shall be perfected within 15 days
customs, public order or public policy(Republic from the receipt of the final administrative decision.
v. CA)
(2) labor relations proceedings(Nasipit Lumber -1 motion for reconsideration may be allowed.
Company, Inc. v. NLRC)
-If the motion is denied, the movant shall perfect his appeal
(3) exercise of administrative powers,
(4) judgments based on prohibited or null and void during the remaining period for appeal reckoned from receipt
contracts. of the resolution of denial.

-If the decision is reversed on reconsideration, the appellant

 An administrative officer may revoke,
shall have 15 days from receipt of the resolution to perfect his
repeal or abrogate the acts or previous
appeal.
rulings of his predecessor in office if he
becomes satisfied that a different -It shall be filed in the court specified by the statute or in its
construction should be given. absence, in any court of competent jurisdiction.

-It shall be supported by substantial evidence except when

specially provided otherwise by law.
Chapter 6
Judicial Review -In the absence of specific rules governing appeals from
2
administrative decisions, the special civil action s and other
remedies provided for in the Rules of Court may be availed in
General Rule: Administrative decisions are not proper cases by an aggrieved party.
reviewable by courts of justice. (Non appealable to
courts of justice) (2) If the issues to be reviewed involve questions of
law.
Exceptions: Extent --- There can be appeal even without legislative
permission (kahit walang batas na nagsasabi na pwede) or
(1) If the Constitution or the law permits it.
even against legislative prohibition (kahit sabihin pa ng batas
(2) If the issues to be reviewed involve questions
na di pwede mag-appeal)
of law.
>> Why?

General Rule: Administrative decisions are not reviewable

by courts of justice. (Non appealable to courts of justice)

Why? --- The right to appeal is not a constitutional right nor is Administrative Code --- Generally provides that an appeal/petition for
it embraced in the right to be heard as guaranteed by due review from an agency decision shall be perfected by filing with the agency
process within 15 days from receipt of a copy thereof a notice of appeal, and with the
reviewing court a petition for review of the order.
--- It is a recognized principle that courts of justice will
RA 5434 – decisions of the Social Security Commission and the Civil
generally not interfere in the executive and administrative Aeronautics Board, etc. appealable to the Court of Appeals
matters which are addressed to the sound discretion of
government agencies. -- An appeal from a final award, order or decision of the Patent
Office shall be taken by filling with the Patent Office and with the CA a notice
(eg. grant of licenses, permits, leases or the approval, of appeal within 15 days from the notice of such award, order or ruling.

rejection or revocations of applications thereof) PD 612 --- The aggrieved party in proceedings taken before the Insurance
Commissioner may appeal from its decisions in the manner as provided by
Effect --- The administrative decision may be validly rendered law and by the rules of court for appeals from the Court of Tax Appeals to the
final and non appealable at the administrative level without Court of Appeals.
allowing the aggrieved party a final resort to the courts of
Interim Rules and Guidelines implementing Sec. 9 (3) BP Blg. 129 – the CA
justice. may “review final decisions, orders, awards or resolutions of regional trial
courts and all of quasi-judicial bodies except the COMELEC, the COA, the
Exceptions: Sandiganbayan, and decisions issued under the Labor Code of the Philippines
and by the Central Board of Assessments.
1
(1) If the Constitution or the law permits it.
Other appeals prescribed by special laws – eg. RA No. 1125 providing for
1
appeal to the Court of Tax Appeals of any decision rendered by the
Constitution --- In the case of Constitutional Commissions (COMELEC, COA,
Commissioner of Internal Revenue, the Commissioner of Customs, or any
CSC), “unless otherwise provided in this Constitution or by law, any decision,
provincial or city board of assessment appeals.
order or ruling of each Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within 30 days from receipt of a copy
2
thereof” ART. IX, A, Section 7 Habeas corpus, quo warranto, prohibition, mandamus, etc...
12 | A d m i n i s t r a t i v e L a w R e v i e w e r
 - The court cannot be deprived of their inherent  If the case is such that its determination
authority to decide questions of law, initially or by requires the expertise, specialized skills and
way of review of administrative decisions. knowledge of the proper administrative bodies
because technical matters or intricate questions
- It is generally understood that, as to administrative
of facts are involved, then relief must first be
agencies exercising quasi-judicial or legislative
obtained in an administrative proceeding
power, there is an underlying power in the courts to
scrutinize the acts of such agencies on questions of before a remedy will be supplied by the courts
law or jurisdiction even though no right of review is even though the matter is within the proper
given by statute. jurisdiction of a court.
 When does it apply? It applies where a claim is
Note: originally cognizable in the courts, and comes
- The Supreme Court may review the decisions of the Office of into play whenever enforcement of the claim
the President on questions of law and jurisdiction when requires the resolution of issues which, under a
properly raised. (No judicial supremacy in this case. WHY? --- regulatory scheme, have been placed within the
It is the SC’s duty enjoined by the Constitution as part of the special competence of an administrative body.
system of checks and balances.)  What is the effect when this doctrine is
applied? The judicial process is suspended
 Methods of review are prescribed by:
pending referral of such issues to the
(1) The Constitution
administrative body for its review. (Note: The
(2) Statutes
application of the doctrine of primary
(3) Rules of Court
jurisdiction does not call for the dismissal of the
 Methods of Review may be:
case. It need only be suspended until after
(1) Specific
matters within the competence of the
(2) General
administrative bodies are threshed out and
determined.)

 Requisites before there can be judicial  Why is the observance of this doctrine
review/appeal through certiorari or important?
prohibition of determinations of (1) To ensure the consistency in administrative
administrative officers or agencies findings and also because of the conceded
expertise of the administrative body as
(1) Before certiorari or prohibition may be compared to the judicial tribunal in
entertained, it must be shown that all the resolving administrative questions in
administrative remedies prescribed by law or general.
ordinance have been exhausted. (2) Compliance to the doctrine of separation of
powers.
(2) The administrative decision may be annulled or
set aside only upon a clear showing that the  Calls for the determination of administrative
administrative official or tribunal has acted questions3 by administrative agencies rather
without or in excess of jurisdiction, or with than courts of justice.
grave abuse of discretion.
 Does not warrant a court to arrogate unto itself
authority to resolve a controversy the
 2 Doctrines that must be considered in connection jurisdiction over which is initially lodged with an
with the judicial review of administrative decisions administrative body of special competence.

*It has been the jurisprudential trend to apply the

(1) Doctrine of primary jurisdiction
(2) Doctrine of exhaustion of administrative doctrine of primary jurisdiction in many cases involving
matters that demand the special competence of
remedies
administrative agencies.

Doctrine of Primary Jurisdiction 3

Ordinarily are questions of fact or technical matters which only specialized
administrative boards or commissions with special knowledge and
experience are capable of hearing and deciding.
13 | A d m i n i s t r a t i v e L a w R e v i e w e r
*In accordance with the doctrine of primary jurisdiction, (3) When the administrative action is patently
the administrative process must continue up to the illegal amounting to lack or excess of
highest level before resort to judicial tribunals may be jurisdiction.
sought. (4) When there is estoppel on the part of the
administrative agency concerned.
(5) When there is irreparable injury5.
(6) When the respondent is a department secretary
Doctrine of Exhaustion of Administrative Remedies
whose acts as an alter ego of the President
 An administrative decision must first be bears the implied and assumed approval of the
appealed to the administrative superiors up to latter.
the highest level before it may be elevated to a (7) When to require exhaustion of administrative
court of justice for review. remedies would be unreasonable (as when the
 Recourse through court action cannot prosper claim involved is small).
until after all such administrative remedies (8) When strong public interest is involved.
would have first been exhausted. If a remedy is (9) When the issues submitted have become moot
available within the administrative machinery, and academic.
this should be resorted to before resort can be (10)When it would amount to the nullification of
made to the courts. the claim.
 Underlying principle of this doctrine: (11)When the subject matter is a private land in
Presumption that the administrative agency, if land case proceedings.
afforded a complete chance to pass upon the (12) When the rule does not provide a plain,
matter, will decide the same correctly. speedy, and adequate remedy.
(13) When there are circumstances indicating the
urgency of judicial intervention.
 Effect of premature resort to the courts: The case is
 Reasons for the doctrine: (law, comity, and
convenience) susceptible of dismissal for lack of cause of action. (The
(1) The administrative superiors, if given the only effect of noncompliance with this rule is that it will
opportunity can correct the errors deprive the complainant of a cause of action, which is a
committed by their subordinates. ground for a motion to dismiss. Failure to exhaust
(2) Courts should as much as possible refrain administrative remedies does not affect the jurisdiction
from disturbing the findings of of the court.)
administrative bodies in deference to the  When must non exhaustion of administrative
doctrine of separation of powers. remedies be raised or invoked? – It must be raised at
(3) On practical grounds, it is best that the the earliest possible time, even before filing the answer
courts, which are burdened enough as they to the complaint or pleading asserting the claim, by a
are with judicial cases, should not be motion to dismiss.
saddled with the review of administrative  What is the effect when it is not seasonably
cases. invoked? – This ground for dismissal (exhaustion of
(4) Judicial review of administrative cases is administrative remedies) would be deemed waived and
usually effected through special civil actions the court may proceed to hear the case.
of certiorari, mandamus, and prohibition, *The court has the discretion to require the observance
which are available only if there is no other of the doctrine and may, if it sees fit, dispense with it
plain, speedy, and adequate remedy. and proceed with the disposition of the case.

*A motion for reconsideration must be filed before the

General Rule: Application of the doctrine of exhaustion special civil action for certiorari may be availed of.
of administrative remedies.

Exceptions:

(1) When there is a violation of due process.

(2) When the issue involved is purely legal.4
5
The doctrine is relaxed when its application may cause great and
4
E.g. Want of authority; interpretation of the scope of one’s constitutional irreparable damage which cannot otherwise be prevented except by taking
right opportune appropriate court action.
14 | A d m i n i s t r a t i v e L a w R e v i e w e r
Q: Is there a need to appeal the decision of a Cabinet (9) manifest abuse of discretion, arbitrariness, and
member to the President before it may be brought to a capriciousness6
court of justice?
*Decisions of administrative agencies which are
A: No, appeal to the President need not be resorted to, declared “final” by law are not exempt from judicial
recourse to the courts could be had immediately. The review when so warranted. Factual findings of
doctrine of exhaustion of administrative remedies does administrative agencies are not infallible and will be set
not apply when the respondent is a department aside where they fail the test of arbitrariness, or upon
secretary who acts, as an alter ego of the President, proof of grave abuse of discretion, fraud or error of law.
bears the implied approval of the latter, unless actually
disapproved by him. Questions of law

 Administrative bodies may be allowed to

 2 Kinds of questions reviewable by the courts of
resolve questions of law in the exercise of their
justice
quasi-judicial function as an incident of their
(1) Questions of fact
primary power of regulation. However, their
(2) Questions of law
determination on this matter is only tentative at
Questions of fact best and, whenever necessary, may be
reviewed and reversed by the courts in proper
 Review of the administrative decision lies in the cases.
discretion of the legislature, which may or may  The administrative decision may be appealed to
not permit it as it sees fit. Denial of this remedy the courts of justice independently of legislative
does not violate due process for the right to permission or even against legislative
appeal is generally not deemed embraced in the prohibition. The reason is that the judiciary
right to a hearing. cannot be deprived of its inherent power to
 Findings of fact are generally accorded great review all decisions on questions of law,
respect, if not finality, by the courts by reason whether made initially by lower courts and
of the special knowledge and expertise of said more so by an administrative body only7.
administrative agencies over matters falling
under their jurisdiction. *When an administrative agency renders an opinionor
 The findings of fact of an administrative agency issues a statement of policy, it merely interprets a pre-
must be respected so long as they are existing law and the administrative is at best advisory
supported by substantial evidence, even if such for it is the courts that finally determine what the law
evidence might not be overwhelming or even means.
preponderant.
*The interpretation of an agency of its own rules should
General Rule: Findings of fact by an administrative be given more weight that the interpretation by the
board or official, following a hearing, are binding upon agency of the law it is merely tasked to administer.
the courts and will not be disturbed.

Exceptions: (When review is justified)

When there has been:

(1) denial of due process

(2) mistake or error of law
(3) lack of jurisdiction
(4) fraud
(5) collusion
(6) arbitrary action in the administrative
proceeding
(7) an irregular procedure in the determination of
factual findings
(8) palpable errors committed 6
Exercised unconstitutional powers or clearly acted arbitrarily without
regard to his duty or with grave abuse of discretion.
7
The decision of legal questions is an essentially judicial power that may not
be withheld or withdrawn from the courts by legislation as the power is
inherent in the judiciary.
15 | A d m i n i s t r a t i v e L a w R e v i e w e r