ADMINISTRATIVE LAW

According to Dean Roscoe Pound: “That branch of modern law under which the executive
department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with
the conduct of the individual for the purpose of promoting the well being of the community, as under
the 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.”

I. GENERAL PRINCIPLES
Administrative Law - Branch of public law which: ̇ Fixes the organization ̇ Determines the competence
of administrative authorities ̇ Indicates to the individual remedies for the violation of his rights.

Kinds
1. Statutes
2. Rules, regulations or orders
3. Determinations, decisions and orders
4. Body of doctrines and decisions

Administration
1. as a Function – the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority
2. as an Organization – group or aggregate of persons in whose hand the reins of
government are for the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
(Source : Nachura Notes)
READ E.O. 292
Introductory Provisions
Sec. 2 General Terms Defined
Book 1 – SOVEREIGNTY AND GENERAL ADMINISTRATION
CHAPTERS 1-12

Chapter 9 GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS

Sec. 32. Nature of Public Office. Public Office is a public trust. Public officers and employees
must at all times be accountable to the people, serve them with outmost responsibility, integrity,
loyalty and efficiency, act with patriotism and justice and lead modest lives.

Republic Act No. 6713 February 20, 1989

AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC
OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY
SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always
uphold the public interest over and above personal interest. All government resources
and powers of their respective offices must be employed and used efficiently,
effectively, honestly and economically, particularly to avoid wastage in public funds and
revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their
duties with the highest degree of excellence, professionalism, intelligence and skill.
They shall enter public service with utmost devotion and dedication to duty. They shall
endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of
undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged. They shall at all times
respect the rights of others, and shall refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, public safety and public interest. They
shall not dispense or extend undue favors on account of their office to their relatives
whether by consanguinity or affinity except with respect to appointments of such
relatives to positions considered strictly confidential or as members of their personal
staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise provided by
law or when required by the public interest, public officials and employees shall provide
information of their policies and procedures in clear and understandable language,
ensure openness of information, public consultations and hearings whenever
appropriate, encourage suggestions, simplify and systematize policy, rules and
procedures, avoid red tape and develop an understanding and appreciation of the
socio-economic conditions prevailing in the country, especially in the depressed rural
and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be
loyal to the Republic and to the Filipino people, promote the use of locally produced
goods, resources and technology and encourage appreciation and pride of country and
people. They shall endeavor to maintain and defend Philippine sovereignty against
foreign intrusion.
 (g) Commitment to democracy. - Public officials and employees shall commit
themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the
military. They shall at all times uphold the Constitution and put loyalty to country above
loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of
these standards including the dissemination of information programs and workshops
authorizing merit increases beyond regular progression steps, to a limited number of
employees recognized by their office colleagues to be outstanding in their observance of
ethical standards; and (2) continuing research and experimentation on measures which
provide positive motivation to public officials and employees in raising the general level of
observance of these standards.

Section 5. Duties of Public Officials and Employees. - In the performance of their duties, all public
officials and employees are under obligation to:lawphi

(a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices and
agencies of the government and of government-owned or controlled corporations shall, within
forty-five (45) working days from the end of the year, render a performance report of the
agency or office or corporation concerned. Such report shall be open and available to the
public within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must be
processed and completed within a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3) signatories therein. In the absence of
duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in
their behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employees
must attend to anyone who wants to avail himself of the services of their offices and must, at
all times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be made accessible
to, and readily available for inspection by, the public within reasonable working hours.

Section 6. System of Incentives and Rewards. - A system of annual incentives and rewards is hereby
established in order to motivate and inspire public servants to uphold the highest standards of ethics.
For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby
created composed of the following: the Ombudsman and Chairman of the Civil Service Commission
as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to
be appointed by the President, as members.
It shall be the task of this Committee to conduct a periodic, continuing review of the performance of
public officials and employees, in all the branches and agencies of Government and establish a
system of annual incentives and rewards to the end that due recognition is given to public officials
and employees of outstanding merit on the basis of the standards set forth in this Act.

The conferment of awards shall take into account, among other things, the following: the years of
service and the quality and consistency of performance, the obscurity of the position, the level of
salary, the unique and exemplary quality of a certain achievement, and the risks or temptations
inherent in the work. Incentives and rewards to government officials and employees of the year to be
announced in public ceremonies honoring them may take the form of bonuses, citations, directorships
in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations
and the like. They shall likewise be automatically promoted to the next higher position with the
commensurate salary suitable to their qualifications. In case there is no next higher position or it is not
vacant, said position shall be included in the budget of the office in the next General Appropriations
Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are hereby declared to be
unlawful:

(a) Financial and material interest. - Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any transaction requiring the approval of
their office.

(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,

counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or

(3) Recommend any person to any position in a private enterprise which has a regular
or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice his profession in connection with any matter
before the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall
not use or divulge, confidential or classified information officially known to them by reason of
their office and not made available to the public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

 (d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of
monetary value from any person in the course of their official duties or in connection with any
operation being regulated by, or any transaction which may be affected by the functions of
their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippine (such as allowances, transportation,
food, and lodging) of more than nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the
purpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural
exchange programs subject to national security requirements.

Sec. 33. Policy on Change of Citizenship. Public officers and employees owe the State and the
Constitution allegiance at all times, and any public officer or employees who seeks to change his
citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt
with by law.

Sec. 34. Declaration of Assets, Liabilities and networth. – A public officer or employee shall
upon assumption of office and as often thereafter as may be required by law, submit a declaration
under oath of his assets, liabilities and networth.

Section 8. Statements and Disclosure. - Public officials and employees have an obligation to
accomplish and submit declarations under oath of, and the public has the right to know, their assets,
liabilities, net worth and financial and business interests including those of their spouses and of
unmarried children under eighteen (18) years of age living in their households.

(A) Statements of Assets and Liabilities and Financial Disclosure. - All public officials and
employees, except those who serve in an honorary capacity, laborers and casual or temporary
workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a
Disclosure of Business Interests and Financial Connections and those of their spouses and
unmarried children under eighteen (18) years of age living in their households.

The two documents shall contain information on the following:

 (a) real property, its improvements, acquisition costs, assessed value and current fair
market value;

(b) personal property and acquisition cost;

(c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like;

(d) liabilities, and;

(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;

(b) on or before April 30, of every year thereafter; and

(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section to file the aforestated documents
shall also execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government
agencies, including the Bureau of Internal Revenue, such documents as may show their
assets, liabilities, net worth, and also their business interests and financial connections in
previous years, including, if possible, the year when they first assumed any office in the
Government.

Husband and wife who are both public officials or employees may file the required statements
jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests
and Financial Connections shall be filed by:

(1) Constitutional and national elective officials, with the national office of the
Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the Senate and the House of
Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court;
Judges, with the Court Administrator; and all national executive officials with the Office
of the President.

(3) Regional and local officials and employees, with the Deputy Ombudsman in their
respective regions;

(4) Officers of the armed forces from the rank of colonel or naval captain, with the Office
of the President, and those below said ranks, with the Deputy Ombudsman in their
respective regions; and

(5) All other public officials and employees, defined in Republic Act No. 3019, as
amended, with the Civil Service Commission.
(B) Identification and disclosure of relatives. - It shall be the duty of every public official or employee
to identify and disclose, to the best of his knowledge and information, his relatives in the Government
in the form, manner and frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents. - (1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.

(2) Such statements shall be made available for copying or reproduction after ten (10) working
days from the time they are filed as required by law.

(3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing of such statement, as well as the cost of
certification.

(4) Any statement filed under this Act shall be available to the public for a period of ten (10)
years after receipt of the statement. After such period, the statement may be destroyed unless
needed in an ongoing investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement filed under this
Act for:

(a) any purpose contrary to morals or public policy; or

(b) any commercial purpose other than by news and communications media for dissemination
to the general public.

Section 9. Divestment. - A public official or employee shall avoid conflicts of interest at all times.
When a conflict of interest arises, he shall resign from his position in any private business enterprise
within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or
interest within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a partnership.

The requirement of divestment shall not apply to those who serve the Government in an honorary
capacity nor to laborers and casual or temporary workers.

Section 11. Penalties. - (a) Any public official or employee, regardless of whether or not he holds
office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any
violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary
or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after
due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier
penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8
or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not
exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent
jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or employee, even if no criminal prosecution is
instituted against him.
 (c) Private individuals who participate in conspiracy as co-principals, accomplices or
accessories, with public officials or employees, in violation of this Act, shall be subject to the
same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or
uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such
action is brought may assess against such person a penalty in any amount not to exceed
twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is
heavier, the latter shall apply.

SECTION 35. Ethics in Government.—All public officers and employees shall be bound by a Code
of Ethics to be promulgated by the Civil Service Commission.

SECTION 36. Inhibition Against Purchase of Property at Tax Sale.—No officer or employee of
the government shall purchase directly or indirectly any property sold by the government for the non-
payment of any tax, fee or other public charge. Any such purchase by an officer or employee shall be
void.

SECTION 37. Powers Incidental to Taking of Testimony.—When authority to take testimony or

receive evidence is conferred upon any administrative officer or any non-judicial person, committee,
or other body, such authority shall include the power to administer oaths, summon witnesses, and
require the production of documents by a subpoena duces tecum.

SECTION 38. Liability of Superior Officers.—(1) A public officer shall not be civilly liable for acts
done in the performance of his official duties, unless there is a clear showing of bad faith, malice or
gross negligence.

(2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law
or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private
party concerned without prejudice to such other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts,
omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually authorized
by written order the specific act or misconduct complained of.

SECTION 39. Liability of Subordinate Officers. —No subordinate officer or employee shall be
civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be
liable for willful or negligent acts done by him which are contrary to law, morals, public policy and
good customs even if he acted under orders or instructions of his superiors.
REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the principle
that a public office is a public trust, to repress certain acts of public officers and private persons alike
which constitute graft or corrupt practices or which may lead thereto.

G.R. No. 200242 July 17, 2012

CHIEF JUSTICE RENATO C. CORONA, Petitioner,

vs.
SENATE OF THE PHILIPPINES sitting as an IMPEACHMENT COURT, BANK OF THE
PHILIPPINE ISLANDS, PHILIPPINE SAVINGS BANK, ARLENE "KAKA" BAG-AO, GIORGIDI
AGGABAO, MARILYN PRIMICIAS-AGABAS, NIEL TUPAS, RODOLFO FARINAS, SHERWIN
TUGNA, RAUL DAZA, ELPIDIO BARZAGA, REYNALDO UMALI, NERI COLMENARES (ALSO
KNOWN AS THE PROSECUTORS FROM THE HOUSE OF REPRESENTATIVES), Respondents.

ARTICLE II

RESPONDENT COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION AND/OR

BETRAYED THE PUBLIC TRUST WHEN HE FAILED TO DISCLOSE TO THE PUBLIC HIS
STATEMENT OFASSETS, LIABILITIES AND NET WORTH AS REQUIRED UNDER SEC. 17, ART.
XI OF THE 1987 CONSTITUTION.

2.1. It is provided for in Art. XI, Section 17 of the 1987 Constitution that "a public officer or
employee shall, upon assumption of office and as often thereafter as may be required by law,
submit a declaration under oath of his assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet, and other constitutional offices,
and officers of the armed forces with general or flag rank, the declaration shall be disclosed to
the public in the manner provided by law."

2.2. Respondent failed to disclose to the public his statement of assets, liabilities, and net
worth as required by the Constitution.

2.3. It is also reported that some of the properties of Respondent are not included in his
declaration of his assets, liabilities, and net worth, in violation of the anti-graft and corrupt
practices act.

2.4. Respondent is likewise suspected and accused of having accumulated ill-gotten wealth,
acquiring assets of high values and keeping bank accounts with huge deposits. It has been
reported that Respondent has, among others, a 300-sq. meter apartment in a posh

Mega World Property development at the Fort in Taguig. Has he reported this, as he is
constitutionally-required under Art. XI, Sec. 17 of the Constitution in his Statement of Assets and
Liabilities and Net Worth (SALN)? Is this acquisition sustained and duly supported by his income as a
public official? Since his assumption as Associate and subsequently, Chief Justice, has he complied
with this duty of public disclosure?
Mootness

In the meantime, the impeachment trial had been concluded with the conviction of petitioner by more
than the required majority vote of the Senator-Judges. Petitioner immediately accepted the verdict
and without any protest vacated his office. In fact, the Judicial and Bar Council is already in the
process of screening applicants and nominees, and the President of the Philippines is expected to
appoint a new Chief Justice within the prescribed 90-day period from among those candidates
shortlisted by the JBC. Unarguably, the constitutional issue raised by petitioner had been mooted by
supervening events and his own acts.1âwphi1

An issue or a case becomes moot and academic when it ceases to present a justiciable controversy
so that a determination thereof would be without practical use and value.18 In such cases, there is no
actual substantial relief to which the petitioner would be entitled to and which would be negated by
the dismissal of the petition.19

WHEREFORE, the present petition for certiorari and prohibition with prayer for injunctive relief/s is
DISMISSED on the ground of MOOTNESS.

No pronouncement as to costs.

ADMINISTRATIVE BODIES OR AGENCIES

- Organ of government which affects the rights of private parties either through
adjudication or rule-making.
- Creation
1. constitutional provision
2. legislative enactment
3. authority of law

- Criterion : primarily regulatory on its rule-making authority it is administrative when it does not
have discretion to determine what the law shall be but merely prescribes details for the
enforcement of the law.

Types:
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the government
3. performing some business service for the public
4. regulate business affected with public interest
5. regulate private business and individuals, pursuant to police power
6. adjust individual controversies because of strong social policy involved
7. make the government a private party
(Source: Nachura Notes)
POWERS OF ADMINISTRATIVE AGENCIES
GENERALLY CLASSIFIED INTO:
1. Quasi legislative – known as the power of subordinate legislation and permits the body to
promulgate rules intended to carry out provisions of particular laws : Example – Implementing
Rules and Regulations (IRR)
 2. Quasi – judicial – the power of adjudication, enables the administrative body to resolve in a
manner essentially judicial, factual and sometimes even legal questions incidental to its
primary power of enforcement of the law.

Quasi Judicial – in terms of jurisdiction – if applying a rule for the past (private)
Quasi legislative – in prescribing a rule for the future (public)

Example : National Telecommunications Commission (NTC)

Given authority and discretion to grant a provisional permit or authority to issue Certificates of
Public Convenience and Necessity for installation, operation and maintenance of communication
facilities and services, radio communication systems, telephone and telegraph systems as well as the
authority to determine the areas of operation of applicants for telecommunication services.
Quasi-legislative power – the issuance of provisional permits or authority on the basis of its
determination on the applicants’ compliance with the requirements its has promulgated.
Quasi- Judicial – if an issue arises from the said determination such as when a competitor of an
applicant for an application for a provisional permit to operate opposes its application on the basis of
the very rules promulgated by the administrative agency for the purpose, and the administrative
agency is called upon to resolve said contest, such resolution shall partake the nature of an exercise
of it’s quasi-judicial power.

Example for DAR: its jurisdiction is two fold:

1. Executive – pertains to enforcement and administration of laws, carrying them into practical
operation and enforcing their due observance;
2. Judicial – involves determination of rights and obligations of the parties (between the tenant
and the landholder)

“Doctrine of Necessary Implication”

All powers necessary for the effective exercise of the express powers are deemed impliedly
granted. An express grant of the power to formulate implementing rules and regulations carries with
it the implied power to amend, modify, alter or repeal the same.

THE QUASI-LEGISLATIVE POWER

- Maybe defined as : the authority delegated by the law making body to the administrative body
to adopt rules and regulations intended to carry out the provisions of a law and implement
legislative policy.
- Also known as the power of subordinate legislation
  Administrative regulations and policies enacted by administrative bodies to interpret the law
which they are entrusted to enforce, have the force of law and are entitled to great respect.
Administrative rule is defined (Adm Code) – any agecy statement of general applicability that
implements or interprets a law, fixes and describes procedure in, or practice requirements of an
agency, including its regulations
- Includes memoranda, statements concerning the internal administration or management of an
agency not affecting the rights of, or procedure available to the public
Rule making – an agency process for the formulation, amendment, or repeal of a rule

Distinguish from Legislative Power

Legislative power – the power to make laws and to fix legislative policy. Cannot be delegated by
legislature to administrative agencies.
The power to make rules to carry out a policy declared by the lawmaker is administrative and not
legislative.

The power to promulgate administrative regulation is derived from the legislature – expressed or
implied.
- Usually effected explicitly through a specific authorization
- There must not be total abdication of legislative power to the delegate:

Tests of valid delegation:

1. Completeness test – law must be complete in all its terms and conditions when it leaves the
legislature so that when it reaches the delegate, it will have nothing to do but to enforce it.
2. Sufficient standard test – the law must offer 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 implemented. Standard is usually embodied in the law itself. Among the accepted
sufficient standards are: public interest, simplicity, economy and efficiency and public welfare.

QUASI- JUDICIAL POWER

- The power of administrative authorities to make determinations of facts in the performance of
their official duties and to apply the law as they construe it to the facts so found.
- Incidental only to their main function, which is the enforcement of the law.
- Incidental to the power of regulation vested in the administrative body but its often expressly
conferred by the legislature through specific provisions in the charter of the agency.
- Often referred to as the power of adjudication

Also vested with determinative powers and functions;

 1. Enabling powers – those that permit the doing of an act which the law undertakes to regulate
and which would be unlawful without government approval.
Example power of SEC to approve the articles of incorporation of a corporation or by
MTRCB to allow public exhibition of a movie;

2. Directing powers – order the doing or performance of a particular acts to ensure compliance
with law and are often exercised for corrective purposes
Ex. DENR – require factories to use certain chemicals to protect the environment\DOTr – may
call on common carriers to install safety devices to prevent accidents
a. Dispensing power – allows the administrative officer to relax the general operation of a law
or exempt from the performance of a general duty, ex. When residential buildings are
permitted by the zoning board to remain in the area designated as commercials or
industrial
b. Summary powers – those involving the use of administrative authorities of force upon
persons or things without the necessity of previous judicial warrant. Example the
padlocking by the mayor’s office of filthy restaurants or movie houses
c. Examining power – which enables it to inspect the records and premises and investigate
the activities of persons or entities coming under its jurisdiction
This will include:
1. Issuance of subpoenas;
2. Swearing in of witnesses
3. Interrogation of witnesses
4. Calling in for production of books, papers and records
5. Requiring that the books, papers and records be made available for inspection
6. Inspection of premises
7. Requiring written answers to questionnaires
8. Requiring periodic or special reports
9. Requiring the filing of statements.

EXERCISE OF POWERS:
a. The duties of the administrative body are generally considered discretionary esp as they
involve the interpretation or construction and enforcement of the law and the appreciation of
factual questions that may be submitted to it for resolution;
b. Ministerial – means that no judgement or discretion is required or allowed in their exercise.
ex. Duty of the register of deeds to annotate a lien on a Torrens Certificate or the
Commission on Election to give due course to a certificate of Candicay duly
accomplished and seasonably filed.
Read Cases:
1. Eslao V. Commission on Audit, 236 SCRA 161
2. BPI Leasing Corp. vs. Court of Appeals, 416 SCRA 4
3. Commissioner of Internal Revenue vs. CA 261 SCRA 236
4. Peralta Vs. CSC, 211 SCRA 425
5. La Bugal B’Laan Tribal Association vs. Ramos, 421 SCRA 148
6. Sierran Madre Trust vs. Secretary of Agriculture and Natural Resources, 121 SCRA 384
7. Espaῆol vs. Philippine Veterans Administration 137 SCRA 314, 319
8. Executive Secretary vs. Southwing Heavy Industries, GR No. 164171, March 1, 2006
9. China Banking Corporation vs. Members of the Board of Trustees, Home Development Mutual
Fund, 307 SCRA 443
10. Boie- Takeda Chemicals, Inc. Vs. De la Serna, 228 SCRA 329
11. Conte vs. Commission on Audit, 264 SCRA 19
12. Commissioner of Internal Revenue vs. Central Luzon Drug Corporation, 456 SCRA 414
13. Bitoonon vs. Fernandez, 350 SCRA 732
14. Abella, Jr. vs. Civil Service Commission 442 SCRA 507
15. Freedom from Debt Coalition vs. Energy Regulatory Commission, 432 SCRA 157
16. Senate of the Philippines vs. Ermita, GR No. 169777, April 20, 2006
17. Philippines Association of Service Exporter, Inc. vs Torres, 212 SCRA 298
18. Philippine National Oil Company vs. Court of Appeals, 457 SCRA 32
19. Peralta vs. Court of Appeals 462 SCRA 382
20. CIR vs. MJ Lhuiller Pawnshop Inc. GR No. 150947, July 15, 2003
21. Honasan II vs. Panel of Investigating Prosecutors of the Department of Justice, G.R. No.
159747, April 13, 2004
22. Public Schools District Supervisors Association vs. De Jesus, GR No. 157299, June 19, 2006
23. Fort Bonifacio Development Corporation vs. Commissioner of Internal Revenue, GR Nos.
158885 and 170680, October 2, 2009
24. Planters Product Inc. vs. Fertiphil Corporation, G.R. No. 166006, March 14, 2008

QUASI-JUDICIAL POWER OR ADJUDICATORY POWER

Quasi-Judicial Power – power of the administrative agency to determine questions of fact which
the legislative policy is to apply, in accordance with the standards laid down by the law itself.
- It is only incidental to their main function of enforcing the law.
Smart Communications, Inc. v. NTC (GR No. 151908, August 12, 2003 “ The administrative body
exercises its quasi-judicial power when it performs in a judicial manner an act which is essentially of
an executive or administrative nature, when the power to act in such a manner is incidental to or
reasonably necessary for the performance of the executive or administrative duty entrusted to it.

Requisites for Proper Exercise of Quasi-Judicial Power:

1. Jurisdiction must be properly acquired by the administrative body
a. over the subject matter must be conferred by law or the Constitution
b. over the person must be properly acquired by the administrative body
2. Due process must be observed in the conduct of the proceeding
Quasi-Judicial Power includes:
1. Power to prescribe rules of procedure – an administrative agency exercising quasi-judicial
powers has the inherent power to prescribe rules pf procedure. These rules are effective
unless disapproved by the Supreme Court
2. Subpoena power – the power to issue subpoena ad testificandum and subpoena duces tecum
is not inherent in administrative bodies and it may be exercised only if allowed by law and only
in connection with the matter they are authorized to investigate
3. Contempt power- it is essentially judicial and not inherent in administrative bodies. It must be
used only in the exercise of the quasi-judicial function

- In any contested case, the agency shall have the power to require the attendance of witnesses
or the production of books, papers, documents and other pertinent data, upon request of any
party before, during the hearing upon showing of general relevance. Unless otherwise
provided by law, the agency may, in case of disobedience invoke the aid of the RTC within
whose jurisdiction the contested case being heard falls. The Court may punish contumacy or
refusal as contempt.

Determinative Power- is the power of administrative agencies to better enable them to exercise
their quasi-judicial authority.

Two classifications of Determinative Power:

1. Enabling Powers- those powers that permit the doing of an act which the law undertakes to
regulate and which would be unlawful without government approval. Ex. Issuance of driver’s
license by the LTO
2. Directing Powers– those powers that order the doing or performance of particular acts to
ensure compliance with the law and are often exercised for corrective purpose. Ex. Order of
reinstatement by the NLRC.
a. Dispensing Power – it allows the administrative officer to relax the general operation of
a law or to exempt from general prohibition or relieve an individual or corporation from an
affirmative duty. Ex. Exemptions granted by BIR
b. Examining power – it is called investigatory power. It consists in requiring production of
books, papers, etc., the attendance of witnesses and compelling their testimony,i.e. issuing
of subpoenas.
c. Summary power – it is the power to apply compulsion or force against persons or
property to effectuate a legal purpose without judicial warrants to authorize such actions,
i.e. summary abatement of nuisance.

Administrative Due Process:

The essence of due process in administrative proceedings is the opportunity to explain to one’s side
complained or to seek a reconsideration of the action or ruling complained of, and to submit any
evidence a party may have in support of his defense. The demands of due process are sufficiently
met when the parties are given opportunity to be heard before judgement is rendered.

Cardinal Principles:
1. Right to hearing
 2. Tribunal or body or any of its judges must act on its own independent consideration of the law
and facts of controversy
3. Tribunal must consider the evidence presented
4. Evidence must be substantial which means relevant evidence as reasonable mind might accept
as adequate to support a conclusion;
5. Decision must have something to support itself
6. Decision must be based on evidence presented during hearing or at least contained in the
record and disclosed by the parties;
7. Decision must be rendered in a manner that the parties can know the various issues involved
and the reason for decision rendered.
(Ang Tibay v. CIR, GR No. L-464496 Feb. 27, 1940)

Applicability of Rules of Procedure in Administrative Proceedings

1. Administrative agencies are not bound by technical rules of evidence or procedure
2. Administrative due process does not require at all times a trial-type hearing. It is sufficient
that the parties are given the opportunity to present their case even through pleadings;
3. The proceedings before administrative or quasi judicial bodies created under laws which
authorize summary proceedings, decisions may be reached on the basis of position papers or
other documentary evidence only;
4. Administrative decisions must state clearly and distinctly the facts and the law on which they
are based; and
5. While the rules of evidence prevailing in the courts of law or equity are not controlling in
proceedings before any administrative agency, the evidence presented before it must at lease
have a modicum of admissibility for it to be given some probative value.

Right to cross-examine is not absolute – the right to cross examination cannot be demanded
during summary investigative proceedings (SEC vs Interport Resources Corp, GR No. 135808 October
6, 2008

Where Notice and hearing are not necessary:

1. Summary proceedings of distraint and levy upon property of delinquent taxpayer;
2. Grant of provisional authority for increase of rates or to engage in particular line of business;
3. Cancellation of passport where no abuse of discretion is committed;
4. Summary abatement of nuisance per se, which affects personal safety or persons and
property;
5. Preventive suspension of officer or employee pending investigation;
6. Grant or revocation of licenses or permits to operate certain businesses affecting public order
or morals

Administrative Appeal or Review

a. Relief within the Agency

- Appeal from the final decision of the agency may be taken to the Department head
b. Resolution of the highest level of Authority
c. Judicial review -Rule 65
An appeal is premature if the law provides for an appeal from decisions, orders of an office to the
necessary administrative agency, or to the secretary of the department, or the office of the President,
a remedy which should have been exhausted before invoking judicial intervention

Real Party in Appeals in Administrative Cases

-In an administrative case, the complainant is a mere witness. No private interest in involved
in an administrative case as the offense committed is against the government, which is the real party
in interest.

RES JUDICATA
- The doctrine of Res Judicata forbids the re-opening of a matter that has been determined by
competent authority.
- It is well settled in our jurisprudence that the 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 judgement within the purview of res judicata.
- It applies only to judicial and quasi-judicial proceedings, not to the exercise of purely
administrative functions
Exceptions:
1. The principle res judicata may not be invoked in labor relations proceedings
2. In case of judgement rendered on a null contract

JUDICIAL REVIEW

General Rule: An administrative Decision may be appealed to the courts of justice only if the
Constitution or the law permits it or if the issues to be reviewed involve questions of law.

Requisites of Judicial Review:

1. The administrative action has already been fully completed and has therefore become final;
(Doctrine of Finality of Administrative Action) and
2. The administrative remedies have been exhausted (Doctrine of Exhaustion of Administrative
Remedies)

DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION

- No resort to courts will be allowed unless administrative action has been completed and there
is nothing left to be done in administrative structure (Paredes v. CA, GR No. 113357, Feb. 1,
1996)
- A party aggrieved must not merely initiate the prescribed administrative procedure to obtain a
relief, but must also pursue it to its appropriate conclusion. (Jariol vs. Comelec , GR No.
127456, March 20, 1997)
Exceptions:
1. When an administrative officer assumes to act in violation of the constitution and other laws;
2. When a questioned order is not reviewable in any other way and the complainant will suffer
great and obvious damage if the order is carried out or when such relief is expressly allowed
by law;
3. When the questioned order is made in excess of power
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
- When there is an available administrative remedy provided by law, no judicial recourse can be
made until such remedies have been availed of and exhausted. (Teotico vs. Ageda, GR No.
87437 May 29, 1991)
- An administrative decision must be appealed to the administrative superior up to the highest
level before elevating it to the court for review (PhilHealth Insurance Corp v. Chinese General
Hospital and Medical Center, GR No. 163123, April 15, 2005)

Effect of Failure to Exhaust Administrative Remedies:

General Rule:
- it results in a lack of cause of action which is one of the grounds allowed in the Rules of Court
for the dismissal of the complaint (Sunville Timber Product, Inc. V Abad, GR No. 855502 Feb.
24, 1991)
- The case may also be dismissed for failure to comply with condition precedent, which may be
invoked in a motion to dismiss

Review, when made:

1. To determine the constitutionality or validity of any executive order or regulation;
2. To determine jurisdiction of any administrative board, commission or officer;
3. To determine any other questions of law; and
4. To determine questions of facts when necessary either;
a. Constitutional or jurisdictional issues
b. Commission of abuse of authority; and
c. When administrative fact-finding body is unduly restricted by an error or law.

Judicial review is valid despite finality of administrative decision, when :

1. Decision is wrong
2. Manifestly arbitrary, capricious, unjust decision
3. Decision is not based upon reasonable interpretation of law
4. Administrative body or officer has gone beyond its/his authority
5. Administrative agency exercised unconstitutional powers
6. Decision vitiated by fraud, imposition or mistake
7. Lack of jurisdiction
8. Grave abuse of discretion; and
9. Decision violates or fails to comply with some mandatory provision of law

READ CASES discussed under Quasi-Judicial Power and Judicial Review

(Chapter 5 & 6 – Philippine Administrative Law by Carlo Cruz 2007 Edition)