CHAPTER I: GENERAL CONSIDERATIONS - Definition, Scope, and Concerns

I. Definition of Administrative Law

• According to Dean Roscoe Pound, Administrative Law is the branch of law where the
executive department acts in a quasi-legislative or quasi-judicial capacity to regulate
individual conduct for the public welfare.

II. Powers and Functions of Administrative Agencies

• Administrative agencies possess two major powers:

o Quasi-legislative authority (rule-making power).
o Quasi-judicial power (adjudicatory function).
• The primary function of administrative agencies is to enforce the law, even without
exercising quasi-legislative or quasi-judicial powers.

III. Origin and Justification of Administrative Law

• Origin: Administrative Law originates from legislation.

• Justification: It is justified by expediency due to the increasing complexity of modern
governance.
• The delegation of power to administrative bodies became necessary because the legislature
and judiciary lacked the time and expertise to handle the growing complexities of
modern society. This delegation allows the legislature to focus on major issues while
administrative bodies handle specific, detailed matters requiring expertise.

IV. Present Status of Administrative Law

• Administrative Law is currently in a state of flux, with many rules yet to achieve
permanence. It is characterized by experimentation and tentativeness. This means the
field is still evolving, with frequent changes and a lack of firmly established principles.

V. Sources of Administrative Law

• There are four sources of Administrative Law:

1. Constitutional or statutory enactments creating administrative bodies.
2. Court decisions interpreting administrative charters.
3. Rules and regulations issued by administrative bodies.
4. Determinations and orders of administrative bodies in settling controversies.

VI. Understanding "Administration"

• Administration as an Institution: Refers to the individuals running the government.

• Administration as a Function: Refers to the actual running of the government through
law enforcement and policy implementation.
VII. Internal vs. External Administration

• Internal administration governs the relations among public officials.

• External administration governs the relations between the government and the public.
Examples include the Energy Regulatory Commission setting rules for electricity rates
and the Philippine Overseas Employment Administration regulating overseas
recruitment.

VIII. Distinction Between Administration and Law

• Law is an impersonal command with sanctions for violations.

• Administration is more personal and preventive, aiming to persuade compliance
rather than punish.

IX. Concerns Regarding the Nature of Administration

• The personal nature of Administration may lead to bias or misapplication of the law,
as administrators may interpret laws subjectively, potentially benefiting or prejudicing
certain individuals.

X. Role of Interpretative Regulations

• Interpretative regulations clarify ambiguous provisions in statutes, making it easier

for the public to understand and comply with the law.

XI. Tentative Nature Revisited

• Administrative Law's tentative nature is underscored by its ongoing evolution and the lack
of permanent rules and principles, leading to frequent changes and experimentation.

CHAPTER 2: ADMINISTRATIVE AGENCIES

I. Definition and Scope of Administrative Agencies

• An administrative agency is a body endowed with quasi-legislative and quasi-judicial

powers to enforce or execute laws entrusted to it.
• An agency includes any department, bureau, office, commission, authority, or officer
of the National Government authorized by law or executive order to make rules, issue
licenses, grant rights or privileges, and adjudicate cases.
• A department refers to an executive department created by law.
• A bureau is any principal subdivision of a department.
• An office refers to any major functional unit of a department or bureau, including
regional offices.
II. Government Instrumentalities

• A government instrumentality is any agency of the National Government not integrated

within the department framework, vested with special functions or jurisdiction by
law, endowed with corporate powers, and administering special funds. This is
supported by the case of Malaga v. Penachos, Jr..
• The Manila International Airport Authority (MIAA) and the University of the
Philippines are government instrumentalities and not GOCCs.

III. Administrative Relationships

• The three administrative relationships under the Administrative Code of 1987 are:
supervision and control, administrative supervision, and attachment.
• The purpose of attaching an agency to a department is to achieve policy and program
coordination.

IV. Government-Owned or Controlled Corporations (GOCCs)

• A GOCC is any agency organized as a stock or non-stock corporation, vested with

functions relating to public needs, and owned by the government directly or indirectly.
• A non-chartered GOCC is a GOCC organized and operating under Batas Pambansa
Bilang 68, or the Corporation Code of the Philippines.
• The Philippine National Red Cross is not a GOCC because it is not owned by the
government.
• The Philippine Reclamation Authority (PRA) is not a GOCC because it is neither a
stock nor a non-stock corporation.
• Government Financial Institutions (GFIs) are financial institutions or corporations
where the government owns a majority of the capital stock and are registered with or
supervised by the Bangko Sentral ng Pilipinas.
• Government Instrumentalities with Corporate Powers (GICP)/Government
Corporate Entities (GCE) are instrumentalities or agencies not integrated within the
departmental framework, vested with special functions or jurisdiction, and endowed
with corporate powers.
• The Boy Scouts of the Philippines is both a government-controlled corporation with
an original charter and an instrumentality of the government.

V. Nature of Administrative Agencies

• An administrative agency may be regarded as an arm of the legislature because it is

authorized to promulgate rules that have the force of law through a valid delegation
of legislative power.
• An administrative agency may be loosely considered a court because it performs quasi-
judicial functions, such as deciding factual and sometimes legal questions as part of its
regulatory powers.
• An administrative agency primarily belongs to the executive department because its
main function is the implementation of laws in accordance with legislative policies.
 • Administrative bodies with quasi-judicial powers are essentially executive agencies and
do not form part of the judiciary, as supported by United Residents of Dominican Hills
v. Commission on Settlement of Land Problems.
• The Court of Tax Appeals (CTA) is a special court dedicated to tax-related issues and
is part of the judicial system, not a quasi-judicial body, based on Republic Act No. 1125
and Ursal v. Court of Tax Appeals. The CTA has developed expertise in taxation, and its
factual findings, when affirmed by the Court of Appeals, are generally conclusive unless
there is grave abuse of discretion or palpable error, citing Yamane v. Lepanto Condominium
Corporation.
• An administrative agency is composed of experts in its specialized field, appointed by
law and informed by experience, who develop mastery over the subject matter they
regulate.
• Administrative bodies are variously called "board," "commission," "authority,"
"administration," "bureau," "agency," "council," "committee," "office," and the
like.

VI. Creation and Abolition of Administrative Agencies

• An administrative body may be created by the Constitution or by statute.

• Examples of independent constitutional bodies include the Civil Service Commission,
the Commission on Elections, and the Commission on Audit.
• The Metropolitan Manila Authority is an administrative body created by law pursuant
to the Constitution.
• Most administrative bodies are created exclusively by the legislature through statutes,
such as the Professional Regulation Commission, the National Labor Relations
Commission, and the Securities and Exchange Commission.
• Administrative bodies are classified based on their functions, including those that: offer
gratuities, carry on government business, perform public services, regulate businesses
affected with public interest, regulate private businesses under police power, adjust
individual controversies involving social policy, and act as a private party for the
government.
• An administrative body created by the Constitution can only be altered or abolished
through a constitutional amendment.
• An administrative body created by statute can be amended, repealed, or abolished by
the legislature, provided it is done in good faith and without grave abuse of discretion.
• An administrative body created by law may be reorganized pursuant to the law
establishing it or another law authorizing reorganization, as long as it does not involve the
abolition or transfer of offices and is carried out in good faith.
• The President has the power to reorganize offices and agencies in the executive
department under the Administrative Code of 1987 and delegated legislative authority,
including the authority to abolish, merge, consolidate, or transfer functions within the
Office of the President and the executive branch, as established in Banda v. Ermita.
• The Supreme Court upheld the President's authority to abolish the Presidential Anti-
Graft Commission (PAGC) and transfer its functions, citing the President's continuing
authority to reorganize the executive department under the Administrative Code, as seen
in Pichay v. Office of the Deputy Executive Secretary.
VII. Relation of Administrative Agencies to Regular Departments

• An administrative body acts as an agent of the legislature in exercising delegated powers

and is bound to implement the legislative will. It can be abolished or altered by the
legislature at its discretion.
• The legislature can influence an administrative body by altering its salary, emoluments,
appropriations, functions, or terms of officers.
• An administrative agency pertains to the executive department and is under the
constitutional control of the President, who can issue orders, review, revise, or reverse
its decisions.
• The President has constitutional control over administrative agencies, including the
power to appoint and dismiss department heads and to modify or reverse their
actions, according to the Constitution.
• Courts have the inherent power to review and decide all questions of law, including
those initially resolved by administrative bodies, as held in Medalla v. Sayo.
• Courts may review factual findings of administrative bodies, either by authority of law
or under the due process clause if the findings are arbitrary, as stated in Lianga Bay Logging
Co., Inc. v. Enage.
• Administrative bodies are subject to judicial review, and their rules of procedure in
adjudicatory functions can be disapproved by the Supreme Court.
• Many administrative bodies function with minimal interference because their charters are
difficult to amend due to public support, and the President often grants them wide
autonomy based on their expertise.
• Administrative bodies are sometimes viewed as a fourth and separate department,
coordinate with and practically independent of the traditional three branches of
government, due to their effectiveness, competence, and public acceptance.
• The continued existence of administrative bodies depends on their effectiveness,
competence, and public acceptance in regulating private rights for public welfare.

Administrative Agencies
I. Definition and Scope

• An administrative agency is a body with quasi-legislative and quasi-judicial powers to

enforce laws [Lecture Note].
 • It includes government departments, bureaus, offices, commissions, and authorities
authorized to make rules, issue licenses, grant privileges, and adjudicate cases [Lecture
Note].
• Government instrumentalities, like MIAA and UP, are agencies outside the department
framework with special functions and corporate powers, distinct from GOCCs [Lecture
Note].
• GOCCs are stock or non-stock corporations owned or controlled by the government and
vested with public needs functions [Lecture Note].

II. Administrative Relationships

• Administrative relationships include supervision and control, administrative supervision,

and attachment, the latter aimed at policy and program coordination [Lecture Note].

III. Nature of Administrative Agencies

• Administrative agencies act as an arm of the legislature through delegated rule-making

power [Lecture Note].
• They perform quasi-judicial functions, resembling courts in deciding factual and legal
questions within their regulatory scope [Lecture Note].
• They primarily belong to the executive department for law implementation [Lecture
Note].
• The Court of Tax Appeals (CTA) is a special court within the judicial system, not a quasi-
judicial body [Lecture Note].
• Agencies are composed of experts in their fields [Lecture Note].

IV. Creation and Abolition

• Agencies can be created by the Constitution (e.g., Civil Service Commission) or by

statute (e.g., PRC) [Lecture Note].
• Constitutional agencies can only be altered or abolished by constitutional amendment,
while statutory agencies can be by legislative action [Lecture Note].
• The President has reorganization power over the executive department, including the
authority to abolish, merge, or transfer functions, as seen in the PAGC case [Lecture Note].

V. Relation to Other Branches

• Agencies are agents of the legislature with delegated powers and are subject to legislative
alteration [Lecture Note].
• They fall under the constitutional control of the President, who can issue orders and
review their decisions [Lecture Note, 12, 15]. The President can exercise rule-making
power by virtue of this control, as long as it is within delegated authority. However, the
President cannot amend the functions of an agency like CHED without legislative
authority. The President's ordinance power is limited to specific issuances and does not
include the power to issue decrees. The President's supervision over local governments is
limited to ensuring compliance with the law and does not equate to control.
 • Courts have inherent power to review questions of law decided by agencies and can
review factual findings if arbitrary or legally authorized [Lecture Note]. Courts ensure that
regulations comply with the law and do not exceed the agency's authority. Regulations that
contravene the law may be declared invalid. Courts ultimately determine the meaning of
the law, and administrative interpretations are advisory, not binding.
• Administrative bodies are subject to judicial review [Lecture Note].

VI. Powers and Functions of Administrative Agencies

• Administrative agencies have powers and functions that may be administrative,

investigatory, regulatory, quasi-legislative, or quasi-judicial, or a mix of these, as
conferred by the Constitution or statute [Lecture Note].
• Their authority derives from the Constitution or statute, and they only have powers
expressly or impliedly granted by law [Lecture Note]. Their authority should be liberally
construed once ascertained [Lecture Note]. The existence and scope of powers are
determined by the law itself [Lecture Note]. Agencies cannot exceed their granted powers
[Lecture Note, 16]. The case of Soriano v. Laguardia emphasizes the limited powers of
administrative agencies [Lecture Note].

VII. Quasi-Legislative Power

• Quasi-legislative power is the authority to create rules and regulations to implement

and enforce laws. This power is exercised within the confines of the granting statutes and
the doctrine of non-delegation of powers.
• Administrative regulations are either interpretative (clarifying the law) or legislative
(supplementing the law with binding force).
o Legislative regulations supplement a law, providing details and having the force
of law. They are binding on the public.
o Interpretative regulations clarify the meaning of a law but are not binding and
are subject to judicial review. They are advisory.
o Supplementary regulations fill in the details of a law to ensure its effective
enforcement, such as defining terms or specifying procedures. They enlarge upon
a statute by providing specific details. An example is the DOLE's rules defining
"fee" under the Labor Code.
o Contingent regulations are issued based on specific conditions or events, allowing
the agency to enforce or suspend a law as needed. An example is the Monetary
Board's suspension of the Usury Law.
• Administrative rules and regulations have the force and effect of law ("little laws")
[Lecture Note, 3, 5].
• The source of this power is a valid delegation from the legislature, either expressed or
implied [Lecture Note, 8, 9]. Authority is usually granted by the agency's charter or the law
it enforces. Examples of authorization exist in the National Internal Revenue Code,
Corporation Code, Civil Service Law, and Labor Code.
• Tests for valid delegation include the Completeness Test (law complete in itself) and the
Sufficient Standard Test (clear guideline to limit authority) [Lecture Note]. Failure in
these tests results in invalid delegation [Lecture Note]. Regulations must not contravene
 the law and must conform to legislative standards. They are intended to carry out, not
supplant or modify the law. Agencies cannot amend an act of Congress. Examples of
regulations exceeding authority include COMELEC rules changing "may" to "shall",
adding grounds for nominee substitution or disqualification, PRC regulating review centers
without statutory basis, CIR limiting the definition of "goods", prohibiting electro-fishing
without statutory prohibition, authorizing vehicle impounding without legal basis,
removing license plates without authorization, BIR circular changing the prescriptive
period for tax claims, and DILG modifying the rules of the Liga ng mga Barangay.
• Requisites for a valid administrative regulation are:
o Authorization by the legislature. This ensures agencies do not exceed their
powers.
o Within the scope of authority (not ultra vires). Regulations must conform to and
not conflict with the enabling statute; the statute prevails in case of conflict.
o Promulgated in accordance with prescribed procedure.
▪ Generally, prior notice and hearing are not required, except when mandated
by the legislature and the regulation is based on specific facts determined
through investigation. They are required in administrative adjudication,
which settles controversies between specific parties.
▪ Rate-fixing regulations require a full hearing. Provisional rates may be
approved without a prior hearing if explicitly granted by law and demanded
by urgent public need. Due process requires providing objective standards
through reasonable regulations.
▪ Publication is required for regulations intended to enforce or implement
laws, unless they are interpretative or internal. Unpublished regulations are
ineffective. Laws and regulations take effect 15 days after publication in the
Official Gazette or a newspaper of general circulation, unless otherwise
provided. Interpretative regulations and internal rules do not need
publication. Emergency rules require a statement of imminent danger and
must be made known to affected persons. Rules imposing penalties must be
published. Executive orders affecting public interest must be published.
Rules affecting electric cooperatives and JBC policies on qualification
standards require publication. Late filing with the National Administrative
Register can render regulations ineffective. Agencies must publish
proposed rules and allow public participation.
o Reasonable. Regulations must not be unreasonable or arbitrary and must be fairly
adapted to achieve their intended purpose without violating due process. They must
involve public welfare and the method must be reasonably related to the rule's
purpose. Arbitrary actions are prohibited. Examples of reasonable regulations
include phasing out old taxicabs and sanitary requirements for eateries. Setting
prices below acquisition cost or allowing confiscation of illegally parked vehicles
without legal basis are unreasonable.
• Penal Regulations: Administrative authorities cannot define and punish crimes; this is
exclusively legislative. Violation of administrative regulations can lead to criminal
prosecution only if the legislature makes it punishable and imposes sanctions. Special
requisites for valid penal administrative regulations include the law making the violation
punishable, the law specifying the penalty, and the regulation being published.
 • Construction and Interpretation: The same rules applied to statutes are used, and
regulations must be read in harmony with the statute. They operate prospectively unless
legislative intent indicates otherwise. Regulations contravening the statute are invalid. The
intention is determined from the regulation itself or extrinsic aids, including the
administrative body's interpretation. While not binding, administrative interpretation is
given great respect unless arbitrary or unreasonable. Courts finally determine the meaning
of the law.
• Enforcement: The power to enforce regulations is implied. This can involve judicial
action, injunction, mandamus, or statutory sanctions. Agencies may issue opinions and
rulings to properly execute regulations, binding on government agencies.
• Amendment or Repeal: Administrative regulations can be amended or repealed by the
issuing authority or the legislature. The power to issue regulations can be exercised as often
as necessary. Provisions requiring legislative approval of implementing rules after a law's
effectivity are unconstitutional due to separation of powers. The rule-making power
includes the authority to amend or repeal regulations. Prior inconsistent issuances are
repealed or modified by new regulations.

VIII. Quasi-Judicial Power

• (Covered in the initial summary note, the new source does not significantly expand on this.)

This summary note integrates the general aspects of administrative agencies with a more detailed
explanation of their quasi-legislative power, drawing extensively from the provided sources.

Quasi-Legislative Power of Administrative Agencies

Definition and Purpose:

Quasi-legislative power is the authority delegated to administrative agencies to adopt rules and
regulations to implement and carry out the provisions of a law. These rules and regulations
have the force and effect of law and are considered "little laws" that implement legislative policy.
Administrative agencies are granted this power because it is impractical for lawmakers to
provide detailed regulations for every aspect of management. This allows agencies to handle
specific, detailed matters requiring expertise.

Source of Quasi-Legislative Power:

The power to promulgate administrative regulations is derived from the legislature through a
valid delegation, either expressed or implied. The Constitution or statute creating the
administrative body serves as the primary source of its authority. Agencies only have powers
expressly or impliedly granted by law.

Tests for Valid Delegation:

For the delegation of quasi-legislative power to be valid, it must pass two tests:

• Completeness Test: The law must be complete in all its terms and conditions when it leaves the
legislature, leaving no gaps for the delegate to fill. If a law fails this test, it is an invalid delegation
as it allows the delegate to determine what the law shall be.
• Sufficient Standard Test: The law must provide a clear standard or guideline to limit the
delegate's authority and ensure conformity with legislative policy. This prevents the delegate from
having a "roving commission" without clear limits. Examples of sufficient standards include
"public interest," "simplicity, economy, and efficiency," and "public welfare". The purpose of
this test is to ensure that the delegate's authority is limited and guided by legislative policy,
preventing arbitrary rule-making. An example of an invalid delegation is a law allowing the use
of funds for any purpose without a sufficient standard.

Types of Administrative Regulations:

Administrative regulations are broadly classified into two kinds:

• Legislative Regulations (or Supplementary Regulations): These rules are issued by an

administrative agency to supplement a law, providing details and having the force of law. They
enlarge upon a statute by providing specific details to ensure the law's effective enforcement,
such as defining terms or specifying procedures. An example is the Department of Labor and
Employment's rules defining "fee" under the Labor Code.
• Interpretative Regulations: These are guidelines issued by an administrative agency to clarify
the meaning of a law, but they are not binding and are subject to judicial review. They are
advisory and clarify the law without binding effect, as courts ultimately determine the law's
meaning.

There are also other types of regulations:

• Contingent Regulations: These are issued based on specific conditions or events, allowing the
agency to enforce or suspend a law as needed. An example is the Monetary Board's suspension of
the Usury Law based on economic conditions.

Legal Effect of Administrative Regulations:

• Legislative regulations have the force and effect of law and are binding on the public.
• Interpretative regulations are advisory and do not have binding force.

Review by Courts:

Courts have a crucial role in reviewing administrative regulations. They can review and nullify
administrative regulations if they are found to exceed the authority granted by law or lack
sufficient standards. Courts also ensure that regulations are within the scope of authority and
not in contravention of the law. There is a presumption of legality for administrative
regulations, meaning they are presumed valid unless proven otherwise.

Requisites for Valid Administrative Regulations:

For administrative regulations to be valid, they must meet the following requisites:

1. Authorization by the legislature: The regulation must be authorized by the legislature, either
through the agency's charter or the law it enforces.
2. Within the scope of authority (Not Ultra Vires): The regulation must not exceed the limits of the
authority conferred. An administrative agency cannot amend an act of Congress. Administrative
rules and regulations are intended to carry out, not supplant or modify the law. If a regulation
contravenes the law, it may be declared invalid.
3. Promulgated in accordance with prescribed procedure: While generally, prior notice and
hearing are not essential for the validity of quasi-legislative rules, the legislature may mandate
such procedures. Publication is generally required for administrative regulations intended to
enforce or implement existing laws, unless they are interpretative or internal. Unpublished
regulations are ineffective.
4. Reasonable: Administrative regulations must not be unreasonable or arbitrary as to violate due
process. They must be reasonable and fairly adapted to achieve their intended purpose.

Penal Regulations:

Administrative authorities cannot define and punish crimes; this power is exclusively legislative.
Violation of administrative regulations can lead to criminal prosecution only if the legislature
makes such violation punishable and imposes corresponding sanctions.

Construction and Interpretation:

The same rules applied to statutes are used in the construction and interpretation of
administrative regulations. The regulation must be read in harmony with the statute and not
violate the authority conferred. While the interpretation of an administrative body is given great
respect by courts, it is not binding if clearly arbitrary or unreasonable. Courts finally determine
the meaning of the law, even if administrative agencies provide interpretations.

Enforcement, Amendment, and Repeal:

The authority to promulgate regulations implies the power to enforce them. Administrative
regulations can be amended or repealed by the authorities that promulgated them or directly by
the legislature. The power to issue regulations can be exercised as often as necessary to adapt to
changing circumstances.
QUASI-JUDICIAL POWER OF ADMINISTRATIVE AGENCIES

• Definition: The quasi-judicial power is the authority of administrative agencies to

determine questions of fact and apply legislative policy in accordance with the
standards laid down by the law.
• An administrative body exercises this power when it performs an act that is essentially
executive or administrative in a judicial manner, and such power is incidental to its
duties.
• A quasi-judicial function involves actions where public administrative officers or bodies
investigate facts, hold hearings, and draw conclusions as a basis for official action.
• Adjudication, as defined by the Administrative Code of 1987, is an agency process for
the formulation of a final order.
• Distinction from Ministerial Functions: Quasi-judicial functions involve discretion and
judgment, unlike ministerial functions which are performed in a prescribed manner
without discretion.
• Examples:
o The DAR has primary jurisdiction to determine and adjudicate agrarian reform
matters, including just compensation, although its decisions are subject to judicial
review.
o The BSP Monetary Board exercises quasi-judicial functions by conducting
investigations, imposing sanctions, and issuing orders in matters of money,
banking, and credit.
• Conditions for Proper Exercise:
o Jurisdiction must be properly acquired.
o Due process must be observed in the proceedings.
• Preliminary investigations are not considered quasi-judicial proceedings because they
are inquisitorial and do not determine guilt or innocence.
• All persons have a constitutional right to a speedy disposition of their cases before
judicial, quasi-judicial, or administrative bodies.

II. Jurisdiction of Administrative Agencies

• Definition: Jurisdiction is the competence of an administrative body to act on a given

matter or decide a certain question. Determinations made without jurisdiction are null
and void.
• Conferment: Jurisdiction can be conferred by the Constitution or by legislative statutes.
o Examples of Constitutional bodies include the Civil Service Commission and the
Commission on Elections.
• Acting Without Jurisdiction: Actions taken without jurisdiction are invalid from the
beginning (ab initio) and can be challenged at any time, directly or collaterally.
• Specific Agency Jurisdictions:
o CSC: All government employees, including those in GOCCs with original
charters.
 o COMELEC: Exclusive original jurisdiction over election contests involving
regional, provincial, and city officials, and appellate jurisdiction over municipal
and barangay officials.
o COA: To examine, audit, and settle all government accounts, including GOCCs.
o NLRC: Labor disputes, including unfair labor practices, reinstatement, back
wages, and damages.
o HLURB: Real estate disputes, such as unsound business practices and claims
involving subdivision lots or condominium units.
o SEC: Formerly intra-corporate disputes and violations of securities laws, but
jurisdiction over intra-corporate controversies has been transferred to regional trial
courts.
o ATO: Can revoke licenses, as this is considered a privilege.
o MGB: Mining rights and disputes related to mining agreements.
o Public Service Commission: Can impose fines if explicitly authorized by law.
o Sandiganbayan: Cases involving ill-gotten wealth and sequestered assets of
public officials.
o Oil Industry Commission: Cannot adjudicate contractual disputes without
express statutory authority.
o Tariff Commission: Jurisdiction over tariff-related issues, but findings cannot be
reversed by the DTI without statutory authority.
o DENR: Can confiscate property, such as illegally harvested forest products.
o NIA: Irrigation-related disputes and claims related to its operations.
o SSS: Compulsory coverage disputes and can determine the existence of an
employer-employee relationship for coverage purposes.
• Awarding Damages: Some agencies, like the NLRC, can award damages, while others,
like the NTC, cannot unless explicitly authorized by law.
• Revoking Licenses: Agencies like the ATO can revoke licenses.
• Imposing Fines: Agencies can impose fines only if explicitly authorized by law, such as
the Public Service Commission.
• Adjudicating Contractual Disputes: Generally, administrative agencies cannot
adjudicate contractual disputes unless explicitly authorized by law, as seen with the Oil
Industry Commission.
• Confiscating Property: Some agencies like the DENR have the power to confiscate
property.
• Taking Over Private Businesses: This can occur only under extraordinary
circumstances, such as national emergencies, as authorized by the Constitution.

III. Rules of Procedure in Administrative Law

• An administrative body granted the power of adjudication has the implied power to
prescribe rules for its proceedings, as affirmed in Angara v. Electoral Commission. The
rules of the Electoral Commission were justified under the doctrine of implication.
• The settled rule of construction is that where a power is conferred, every particular power
necessary for its exercise is also conferred.
 • Constitutional Commissions may promulgate their own rules concerning pleadings and
practice, provided they do not diminish, increase, or modify substantive rights (Article
IX-A, Section 6).
• Rules of procedure of special courts and quasi-judicial bodies remain effective unless
disapproved by the Supreme Court (Article VIII, Section 5(5)).
• Administrative rules of procedure should be construed liberally to promote their object
and assist parties in obtaining a just, speedy, and inexpensive determination of claims.
• Administrative agencies cannot grant themselves jurisdiction through rules of
procedure. Rules of procedure are remedial and cover only pleadings and practice, not
substantive jurisdiction.
• The Rules of Court may be applied suppletorily to the rules of procedure of
administrative bodies exercising quasi-judicial powers, unless otherwise provided.
• Invalid Administrative Rules:
o The Supreme Court invalidated a Patent Office circular requiring lawyers to
pass an examination on patent laws as it encroached on the Court's exclusive
power over the practice of law (Philippine Lawyers Association v. Agrava).
o COMELEC rules cannot supersede the dissimilar requirements of the law for
filing different types of petitions (Fermin v. Commission on Elections).

IV. Subpoena Power in Administrative Law

• The power to issue subpoena and subpoena duces tecum is not inherent in administrative
bodies.
• Administrative bodies may summon witnesses and require evidence production only when
expressly allowed by law and in connection with authorized investigations.
• The power may be expressly granted by the charter of the administrative body, such as
the NLRC and CSC.
• Section 13, Chapter 3 of Book VII of the Administrative Code of 1987 provides that in any
contested case, an agency may require attendance of witnesses or production of documents
upon showing of general relevance. Disobedience can lead the agency to seek aid from
the Regional Trial Court (RTC) for contempt.
• An administrative body cannot summon witnesses or take testimony without a clear
legislative grant of such power (Carmelo v. Ramos).
• Distinction between Investigation and Adjudication:
o Investigate: To examine, inquire, or probe systematically to discover facts,
without resolving controversies.
o Adjudicate: To settle, decide, or resolve disputes judicially or quasi-judicially by
applying law to established facts.
• A respondent in an administrative case may invoke the right against self-incrimination
if the proceedings are akin to a criminal suit, such as when a professional license is at stake
(Pascual v. Board of Medical Examiners).
• The rights of an accused under Section 14(2), Article III of the Constitution are not
necessarily applicable to respondents in preliminary investigations.
• The purpose of an investigation is to discover or obtain information through systematic
inquiry, without resolving controversies.
V. Contempt Power in Administrative Law

• The power to punish contempt is not an inherent right of administrative bodies; it is

essentially judicial and must be expressly conferred.
• It can only be used in connection with quasi-judicial functions, not purely administrative
ones.
• If a subpoena is disregarded, the administrative body must seek the assistance of the
courts (RTC) to enforce its order, as it cannot directly discipline the person summoned.
• The contempt power could not be exercised over a journalist for insinuating election
irregularities as it did not involve quasi-judicial functions (Guevara v. Commission on
Elections).
• The contempt power cannot be used to control judicial action (Tolentino v. Inciong).
Administrative bodies must respect judicial processes.
• The NLRC chairman's issuance of a subpoena for contempt against a judge was declared
invalid as it was an affront to judicial authority (Dumarpa v. Dimaporo).
• The COMELEC's use of contempt power in connection with the canvassing of votes was
sustained, as investigating electoral fraud is relevant to its quasi-judicial power (Bedol v.
Commission on Elections).
• The CHR's contempt power applies only to violations of its operational guidelines and
rules of procedure essential to its investigative functions. It cannot issue orders like
restraining orders, which presume adjudicative power (Simon v. Commission on Human
Rights).
• Quasi-judicial agencies must initiate indirect contempt cases in the proper Regional
Trial Court (RTC); they do not have jurisdiction to decide such cases themselves.

VI. Notice, Hearing, and Administrative Appeals

• The right to notice and hearing is essential to due process in administrative proceedings.
Non-observance will invalidate the proceedings.
• Exceptions to Notice and Hearing:
1. Urgency of immediate action (e.g., abating a nuisance per se).
2. Tentative administrative action (e.g., preventive suspension).
3. Previous opportunity to be heard was offered but not claimed.
• The essence of due process is the opportunity to explain one’s side or seek
reconsideration.
• Cardinal Rights in Administrative Proceedings (Ang Tibay v. CIR):
1. Right to a hearing and to present evidence.
2. Tribunal must consider the evidence presented.
3. Decision must be supported by substantial evidence.
4. Decision must be based on evidence presented or contained in the record.
5. Tribunal must act independently.
6. Decision must clearly state the issues and reasons for the ruling.
• Substantial evidence is relevant evidence that a reasonable mind might accept as adequate
to support a conclusion.
• Administrative bodies are not bound by technical rules of evidence but must adhere to
fundamental rules to ensure fairness.
 • The tribunal must be impartial to ensure a fair decision; bias violates due process.
• Unless otherwise provided by law, an appeal from a final decision of an administrative
agency may be taken to the Department Head or higher authority.
• Administrative decisions are reviewed based on substantial evidence. Courts do not
reweigh evidence.
• Administrative decisions can be based on position papers and documentary evidence
if parties have a fair opportunity to present their case.
• Lack of notice violates due process and renders proceedings null and void.
• Administrative proceedings are summary and do not require full adversarial proceedings;
decisions can be based on position papers and affidavits.
• The burden of proof in administrative proceedings is on the complainant to prove
allegations by substantial evidence.
• Administrative bodies can delegate hearing functions to subordinates, but the final
decision must be made by the authorized official.
• Administrative decisions are immediately executory unless otherwise provided.
• A respondent may invoke the right against self-incrimination if the proceedings are akin
to a criminal suit.

VII. Administrative Appeals and Review

• Unless otherwise provided, an appeal from a final administrative decision may be taken to
the Department Head, whose decision may be further appealed to the regular courts.
• The appellate administrative agency may conduct additional hearings if necessary.
• Rule 43 of the Rules of Court applies to appeals from judgments or final orders of quasi-
judicial agencies, including the CSC, SEC, and Office of the President.
• The Court of Appeals has exclusive appellate jurisdiction over final judgments, decisions,
etc., of Regional Trial Courts and quasi-judicial agencies, except those under the
Supreme Court’s jurisdiction.
• Decisions of Constitutional Commissions (COMELEC, COA) may be brought to the
Supreme Court on certiorari within 30 days from receipt (Article IX-A, Section 7).
• Rule 64 of the Rules of Court governs the review of final judgments of the COMELEC
and COA.
• Appeals to the Supreme Court from Constitutional Commissions must be filed within 30
days.
• COMELEC decisions must be final and made in the exercise of its adjudicatory or
quasi-judicial power to be reviewable by the Supreme Court.
• Appeals from quasi-judicial agencies are governed by Rule 43 of the Rules of Court,
which applies to final orders of agencies exercising quasi-judicial functions.

VIII. Enforcement of Administrative Decisions

• In the absence of statutory provisions, administrative decisions may be enforced by

appealing to public opinion or seeking court action (writ of mandamus).
• Common Sanctions:
o Revocation or refusal to renew licenses.
o Destruction of unlawful articles.
 o Summary closure of stores.
o "Cease and desist" orders.
• Administrative fines imposed by the Civil Aeronautics Board were upheld as civil
penalties (Civil Aeronautics Board v. Philippine Air Lines).
• The MTRCB has implied authority to issue preventive suspension.
• The AMLC can issue freeze orders on bank accounts for up to 15 days, extendable by
court order.
• Barangay officials can issue Barangay Protection Orders (BPOs) as an executive
function.
• Courts can enforce administrative decisions through writs of mandamus when the
decision is final and the duty to comply is ministerial.
• The NCIP can issue temporary restraining orders and writs of injunction to protect the
rights of ICCs/IPs.
• Freeze orders are effective immediately for 15 days, with a 72-hour period for the depositor
to explain.
• Once final and executory, administrative decisions can be enforced through court action.
• The DOE can impose fines as expressly authorized by law.
• The DOH cannot impose administrative fines unless expressly granted by law
(Pharmaceutical and Health Care Association of the Philippines v. Duque).
• The provisional nature of reliefs and the requirement of a full hearing are safeguards against
abuse by administrative bodies.
• The Public Service Commission can impose civil penalties.
• The LTFRB has authority to impose fines and sanctions.

IX. Res Judicata in Administrative Law

• Generally, administrative decisions are not considered res judicata and can be
reconsidered by subsequent administrators.
• Res judicata applies when an administrative decision has been affirmed by a court,
making it final and binding.
• An exception exists if an administrative decision grants a substantial right; it cannot be
modified without notice and hearing.
• Final administrative decisions have the force and effect of a final judgment, making res
judicata applicable (San Luis v. Court of Appeals).
• A successor administrator can revoke compromise agreements believed to be based on
incorrect legal interpretation.
• The BIR Commissioner's authority to compromise tax cases is not absolute.
• Res judicata does not apply to labor relations proceedings because they are non-
litigious and summary.
• Res judicata applies only to quasi-judicial functions, not purely administrative ones.
• Res judicata does not apply to administrative investigations by bodies like the PCAGC,
as they are purely administrative (Montemayor v. Bundalian).
• The Ombudsman can revoke a previous ruling on a criminal complaint, as res judicata
does not apply to criminal proceedings or preliminary investigations.
• A dismissal during a preliminary investigation does not constitute double jeopardy.
• Res judicata does not apply to judgments based on prohibited or null and void
contracts.
• The finality of judgments is based on the need for legal certainty.
• Administrative agencies can modify or reverse their own decisions as administrative
decision-making is a continuing process.
• Courts can enforce final administrative decisions through writs of mandamus.