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ADMINISTRATIVE LAW The law which provides for: 1. the protection of rights related to the nature of administrative power,and 2. the mode of exercising administrative power, 3. including the relief afforded against administrative actions. This law refers to the law which controls, or is intended to control, the administrative operations of government and covers both internal and external aspects of the executive branch SCOPE OF ADMINISTRATIVE LAW: 1. Laws or statutes 2. Doctrines and decisions 3. Rules, regulations and orders RULE IN CASE OF CONFLICTS: 1. The 1987 Administrative Code did not entirely repeal or modify the revised Administrative Code, only those which are inconsistent with the Code. both are general laws, and as a rule, special laws prevail over general laws 2. A general law must give way to special laws on the same subject. ADMINISTRATIVE BODY 1. Composed of persons deemed experts in a particular field 2. In exercise of their judicial powers, they are given more discretion and laxity as to technical procedures 3. Created from laws JUDICIAL BODY

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  • ADMINISTRATIVE LAW The law which provides for: 1. the protection of rights related to the nature of administrative power,and 2. the mode of exercising administrative power, 3. including the relief afforded against administrative actions. This law refers to the law which controls, or is intended to control, the administrative operations of government and covers both internal and external aspects of the executive branch SCOPE OF ADMINISTRATIVE LAW: 1. Laws or statutes 2. Doctrines and decisions 3. Rules, regulations and orders RULE IN CASE OF CONFLICTS: 1. The 1987 Administrative Code did not entirely repeal or modify the revised Administrative Code, only those which are inconsistent with the Code. both are general laws, and as a rule, special laws prevail over general laws 2. A general law must give way to special laws on the same subject. ADMINISTRATIVE BODY 1. Composed of persons deemed experts in a particular field 2. In exercise of their judicial powers, they are given more discretion and laxity as to technical procedures 3. Created from laws JUDICIAL BODY

  • 1. Tribunal open to all and presided by a judge 2. Only function is to adjudicate 3. Independent from the executive department 4. Bound by rules and procedures 5. Created by the Constitution. ADMINISTRATIVE FRAMEWORK (as provided by 1987 administrative Code) 1. GOVERNMENT The corporate governmental entity through which the functions of the government are exercised. 2. GOVERNMENT AGENCIES AND INSTRUMENTALITIES 1. This refers to entities created by law as a means by which certain government acts or function are performed. 2. They have an authority or a governmental power delegated through a law or charter for the purpose of performing a state function. 3. This entity includes the various arms through which the political authority is made effective. AGENCY This refers to any of the units of the Government. (Departments, bureau, office, instrumentality, LGU and GOCC.) INSTRUMENTALITY Any agency of the National Government which: 1. is not integrated within the departmental framework, 2. vested with special functions or jurisdiction by law, 3. granted with corporate powers 4. administers special funds 5. enjoys operational autonomy as provided through a charter. Includes regulatory agencies, institute and GOCC SOURCES OF CREATION OF ADMINISTRATIVE LAWS:

  • 1. Constitution

    2. Legislative Acts

    3. By operation or implication from the law itself

    DOCTRINE OF CONSTITUTIONAL SUPREMACY

    If a law or contract violates any norm of the constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.

    DOCTRINE OF SEPARATION OF POWERS

    1. The division of the powers of the government into 3 branches of the government, which are the Legislative Department, Executive Department, and the Judicial Department.

    2. The Legislative Department is generally limited to the enactment of the law and not to implementation or interpretation of the same

    3. The Executive Department is generally limited to the implementation of the law and not to the enactment or interpretation of the same; and

    4. The Judicial Department is generally limited to the interpretation and application of laws in specific cases and not to the making or implementation of the same.

    DOCTRINE OF BLENDING OF POWERS

    A strict observance to the separation of powers within the government branches is disregarded.

    In such cases, the Legislative and Judicial branches of government delegates to the Executive Branch certain powers necessary for a faster and more efficient enforcement of the laws which the latter is tasked to enforce.

    KINDS OF AGENCY AND INSTRUMENTALITIES:

    1. They may be incorporated or non-incorporated

  • A. Incorporated agencies or instrumentalities

    They are vested by law with a juridical personality separate and distinct from that of the Republic.

    Their lifetime is contained in their charter and if not expressed, in accordance with provisions of the Corporate Code.

    NAPOCOR, PPA,NHA,PNOC

    B. Non-incorporated agencies and instrumentalities

    They do not have a separate juridical personality and their corporate powers are limited by virtue of a law.

    Upon expiration of their term or lifetime as provided for in the law, their powers, duties and functions, assets and liabilities are reverted back to the Republic, unless there is a stipulation to the contrary.

    Sugar Regulatory Administration is attached to the Off of the President NTC is attached to the DOTC 2. Chartered Institution

    Any agency organized or operating under a specific charter. They are vested by law with functions related to specific constitutional policies or objectives.

    State universities and colleges, Monetary authority of the state.

    ADMINISTRATION

    This refers to the public officers and employees who perform duties and powers in the government.

    This includes all persons who is tasked with the duties and powers necessary to the operations of the government.

    CREATION AND ABOLITION OF AGENCIES

    PUBLIC OFFICE

  • This refers to the right, authority and duty created and conferred by law to a person, for a specific period of time, either as fixed by law or at the pleasure of the appointing power, which provides him with some sovereign functions of government which he is required to exercise for the benefit of the public.

    Public office refers to either a functional unit of government or a position held by an individual.

    a. ADMINISTRATIVE PUBLIC OFFICES CREATED BY THE CONSTITUTION:

    1. President, as chief administrative officer

    2. ConComm (COMELEC.COA and Civil Service Commission)

    3. Office of the Ombudsman

    4. NEDA

    5. CHR

    6. National Police Commission

    b. The creation of a public office is a legislative function, except for those created by the Constitution. All others not established by the Constitution are created by virtue of statutes enacted by Congress, either expressly or impliedly.

    Congress may prescribe the mode of filling the office, its powers and duties and the abolition of such offices.

    POWER TO REORGANIZE

    This includes the power to create or abolish public offices.

    The power to create and abolish may be delegated to the President or an executive officer (Authorized reorganization)

    REORGANIZATION

    The process of restructuring the organization and functional set-up for the purpose of making it more viable, efficient and effective to the needs of the public.

    This is the means used to reorganize or abolish offices, which is made through a law directly or indirectly, by authorizing an executive department or agency to reorganize its office.

    This power applies to all offices, including the judicial courts, with the exception only of those offices provided for in the Constitution.

  • CHAPTER 2

    POWERS OF ADMINISTRATIVE AGENCIES

    Public officials possesses powers and not rights. There must be a grant of authority, whether expressed or implied, to justify any action taken by them. In the absence of a grant, their actions are deemed invalid and may therefore be set aside.

    Its officials are agents entrusted with the responsibility of discharging the functions of the office. There is no presumption that they are empowered to conduct such act. There must be a delegation of authority, and in the absence of a valid grant, they are not authorised to exercise such power.

    DOCTINE OF SEPARATION OF POWERS

    The delegation of legislative and judicial functions to other branches is generally prohibited for the purpose of enforcing the system of check and balance within the different government branches.

    However, the delegation of greater powers by the legislative branch and the vesting of a larger amount of discretion to administrative and executive agencies are allowed for the purpose of execution of the laws, which includes the powers to promulgate their own rules and regulations and the adjudication of claims and disputes related to the function of their office.

    POWERS GRANTED TO ADMINISTRATIVE AGENCIES:

    1. Administrative Powers

    2. Quasi-legislative powers

    Administrative agencies are enabled to promulgate rules and regulations pertaining to their functions

    3. Quasi-judicial powers

    Administrative agencies are enabled to interpret and apply the rules and regulations which they promulgated.

    GRANT OF JURISDICTION

    The jurisdiction to hear and decide cases, as well as the power to adjudicate, may be conferred only by the Constitution or statute.

    The jurisdiction to try an action carries with it all the incidental powers to employ their decision and make it effective and enforceable. Unless provided otherwise

  • by the law, a quasi-judicial body has the power to issue a writ of execution for the execution of its decision.

    The exercise of jurisdiction or quasi-judicial powers requires that there must be a rule of procedure which must be followed. The rules must provide a reasonable method to carry out its functions.

    NOTES:

    1. The powers granted to the agencies, with the exception of constitutional agencies and officials, may be expressed or may be implied.

    EXPRESS POWERS

    The powers granted to an administrative agency or official must be expressly stated in the law which they were created before such power may be exercised.

    IMPLIED POWERS

    The implied powers refer to the wording of the law , or those which are incidentally necessary or those necessarily implied to implement the legislative intent.

    2. Their powers may also be discretionary or ministerial

    DISCRETIONARY POWERS

    A power or duty provided by law wherein the public official is given the right to decide how or when the duty is to be performed.

    Discretion means sound discretion which must not be exercised arbitrarily or willfully, but should be used to uphold principle of equity and what is right.

    A petition for certiorari is the remedy provided there was grave abuse of discretion amounting to lack of jurisdiction on the part of the official or agency.

    A discretion entrusted to a public official may not be delegated, except if he has also been given the power to substitute.

    MINISTERIAL POWERS

    A duty or power which is so clear and specific that it leaves no room for the exercise of discretion in its performance.

  • No official discretion or judgment is required by such function.

    Mandamus is the proper remedy to compel performance.

    3. It may also be mandatory or directory

    The power, as to whether mandatory or directory, depends upon the kind of statute which grants such powers.

    Words of permissive character may be given a mandatory effect when the terms of the law or statute are such that they cannot be made effective.

    On the other hand, a statute or law which is mandatory in nature may be deemed to be directory whenever the legislative intent, by its words, cannot be carried out by such construction.

    TEST TO DETERMINE WHETHER IT IS MANDATORY OR DIRECTORY

    If no substantial right depends on it, or no injury can result from ignoring it, and if the intent can be achieved by other means other than what is prescribed, the it is directory.

    MANDATORY POWERS

    It requires that something be done or performed in a particular way, or something should not be done. There is no choice left but to obey.

    In such cases, the court or quasi-judicial courts does not have the power to distinguish the material from the immaterial breach or omission, otherwise they may be sanction or their order declared null.

    DIRECTORY POWERS

    This is permissive or discretionary in nature. The law merely outlines the act to be done in such a way that no injury can result from ignoring it, or that its purpose may be achieved in any manner other than what was prescribed.

    It confers discretion upon the person to act according to the dictates of his own judgment. Non-compliance or violation of such powers or authority does not vitiate the proceedings taken therein.

    CONCEPTS:

    1. DOCTRINE OF STATE IMMUNITY GOVERNMENT NOT BOUND BY ERRORS OF PUBLIC OFFICERS

  • Mistakes of government officials in the performance of their functions or duties shall not affect public interest.

    Unauthorized acts of the officials are not deemed acts of the state.

    a. Unauthorised acts, acts made beyond the scope of his authority and unlawful acts are not deemed errors of the state.

    b. In such cases, only the official is liable thereof and he cannot invoke immunity of the state as a defense against his personal liability.

    2. GOVERNMENT IS NOT ESTOPPED FROM THE MISTAKES OF THEIR OFFICERS

    The erroneous application and enforcement of the law by the public officers do not prevent a subsequent actions by the state or the government to correct application of the statute.

    The government cannot be estopped by the mistake or error made by its agent, and any person acquires no vested right on the grounds of such mistake or error.

    3. PRESUMPTION OF REGULARITY

    Government officials are presumed to perform their functions with regularity and strong evidence is required to attack this presumption.

    Acts made by public officials are protected by the presumption of good faith, and any mistake or error committed by such officers are not actionable unless there is evidence showing their actions were motivated by malice or gross negligence amounting to bad faith.

    This legal presumption is particularly strong in agencies vested with quasi-judicial functions or powers.

    CHAPTER 3

    POWER OF CONTROL, SUPERVISION AND INVESTIGATION

  • The President and executive and administrative agencies are granted or conferred powers and functions by the Constitution and by statutes to enforce laws and carry out governmental functions.

    POWERS OF THE PRESIDENT:

    1. THE POWER OF CONTROL

    means the power to alter, modify, nullify or set aside what a subordinate officer had done in the performance of their functions

    2. THE POWER OF SUPERVISION

    means the power or authority to oversee or to see that their subordinates perform their duties, and in case of non-performance, the secretary may take actions or steps, as prescribed by law, to make them perform.

    3. THE POWER OF REVIEW

    means the reconsideration or re-examination for purposes of correction

    4. THE POWER OF INVESTIGATION

    This refers to the powers of investigation and the powers of investigation and prosecution granted to the President by law and the constitution

    1. ADMINISTRATIVE AND EXECUTIVE POWERS OR POWER OF CONTROL

    a. ADMINISTRATIVE POWERS

    He is the Chief Administrative Officer of the government, and therefore holds all administrative powers inherent in such position.

    b. EXECUTIVE POWERS

    These powers are inherent and necessary to carry out his functions.

    1. THE POWER OF CONTROL

  • This power also covers:

    1. To act in lieu of such officers

    2. To detail or transfer an executive officer, without approval from any executive officer, so long as there is no decrease in rank or salary and it is not considered a disciplinary action.

    2. The power to execute or enforce the laws

    3. The power as commander-in-chief

    4. The appointing power

    There is a blending of powers in this case as such power is not reserved for the President alone (such as COA)

    5. The power to grant reprieves, communications and pardon

    6. The power to grant amnesty with concurrence from Congress

    7. The power to contract and guarantee foreign loans

    8. The power to enter into treaties or international agreements

    9. The power to submit budget to Congress

    10. The power to address Congress

    ACTS OF CONTROL UNDER '87 ADMIN CODE:

    1. Authority to act directly whenever the function is entrusted by law to a subordinate.

    2. Authority to direct the performance, or to restrain the commission, of an act.

    3. Authority to review, approve, reverse, modify or set aside decision made by subordinates

    4. Authority to determine priorities in the execution of plans and programs

    5. Authority to prescribe standards, guidelines, plans and programs

    DOCTRINE OF QUALIFIED POLITICAL AGENCY OR ALTER EGO DOCTRINE

  • All executive and administrative organizations are deemed to be an adjunct or an extension of the Executive Department and all executive and administrative heads are deemed to be agents and assistants to the Chief Executive.

    Except in cases where the law or the Constitution requires the Chief Executive to act in person or there is demand for him to act personally, the executive and administrative functions are performed by the agencies and its officers and such acts, unless disapproved, are deemed to be the acts of the Chief Executive.

    BY AUTHORITY OF THE PRESIDENT

    In cases where the Executive Secretary or his Deputy, or any cabinet secretary acts and signs "by authority of the President"', he is deemed to have acted not for himself but for the President.

    Such acts are presumed to be valid and performed in behalf of the President and must therefore be accorded with due respect.

    These acts remain valid unless disapproved or reprobated by the President.

    These acts are also not subject to review by the courts except if the action was made with grave abuse of discretion amounting to lack or excess of jurisdiction.

    The executive secretary or cabinet secretaries who acts by authority of the President can modify, alter or set aside actions or rulings of a department secretary.

    SUMMARY OF POWER OF CONTROL:

    1. To directly assume the functions of the administrative or executive officers

    2. To interfere in the exercise of discretion by such officials

    3. To alter, modify or set aside decisions or actions made by these officials

    4. To review, modify or alter erroneous rules and regulations, interpretations and application of such rules.

    5. To replace, suspend or remove officials who serve at his pleasure, without due process

    LIMITS OF THE POWER OF CONTROL OF THE PRESIDENT

    1. The abolition or creation of an executive office

  • 2. The suspension or removal of a career government personnel without due process of law

    3. The setting aside, modification or supplanting of the decisions made by quasi- judicial agencies that has become final.

    2. SUPERVISORY POWERS OF THE PRESIDENT

    Supervisory powers refers to the power of the president to oversee the performance of public officials in their duties. In cases where there is no performance on the part of the official, the supervisory powers extends to the point wherein the President may take steps or actions to compel them to perform their duties.

    1. This power cannot amend or annul a decision made by a subordinate

    2. LOCAL GOVERNMENT UNITS

    The President exercises only general supervision over the LGUs. he may approve or disapprove a decision, but he cannot amend , alter or set aside such decisions.

    ACTS OF SUPERVION ONLY:

    1. To generally oversee the operations of such agencies and insure the effective management, without interfering with daily operations

    2. To require submission of reports on management audits, performance evaluation, compliance of policies and guidelines

    3. To take such actions as necessary for the proper performance of functions, such as rectification of violations, abuses and mal-administration.

    4. To review and pass upon the budget proposal of the agency or department. He may not add or increase the budget.

    3. THE POWER OF REVIEW

    means the reconsideration or re-examination for purposes of correction.

  • This power is exercised for the purpose of determining whatever is necessary to correct the acts of a subordinate.

    If correction is necessary, such review can only be made by:

    1. the person exercising control over a subordinate or

    2. through the courts.

    Correction is not necessary in cases where the subordinate corrects himself motu proprio after his error was brought to his attention.

    ATTACHMENT

    This refers to the lateral relationship between departments or its equivalent. Such attachment was made for the purpose of policy and program coordination.

    4. POWER OF INVESTIGATION

    1. This refers to the powers of investigation and the powers of investigation and prosecution granted to the President by law and the constitution.

    2. KINDS OF INVESTIGATION POWER

    1. Investigation only

    a. Gather data and information for evidence purposes only

    b. May only recommend filing of cases

    (Human Rights Commission)

    2. Investigatory powers for prosecution purposes

    (Prosecutor's Office, COMELEC and Ombudsman)

    3. NOTICE AND HEARING

    A requirement of due process is notice and hearing.

    If the law expressly provides that due process be accorded to the person investigated, then the right to due process is essential, it cannot be denied nor ignored.

  • If the law is silent as to compliance with due process, a determination must be made as to whether the absence of due process may affect or that there may be consequences as a result of the outcome of the investigation.

    His investigative power emanates from:

    1. his power of supervision and control over all executive offices and departments,

    2. his power of supervision over the LGU,

    3. his appointment powers,

    4. his powers delegated by congress and

    5. the Constitution.

    Purpose of an executive investigation:

    1. administrative functions

    2. rule-making functions

    3. adjudication functions

    4. obtain information for purpose of a future action

    PRESIDENTIAL AGENCY

    The President has the power to create a Presidential Agency tasked to conduct an investigation on a specific fact-finding activities.

    This power includes the authority to :

    1. Summon witnesses by subpoena

    2. Subpoena duces tecum or production of documents and tangible items

    3. administer oaths

    4. take testimonies or evidence

    REQUISITES FOR ENFORCEMENT OF A SUBPOENA IN AN INQUIRY:

  • 1. The inquiry is within the authority of the agency

    2. The demand is not too indefinite

    3. the information is reasonably relevant

    INVESTIGATIVE POWERS AS AN INCIDENT TO THE MAIN FUNCTION

    Most of the agencies which have executive, quasi-judicial and quasi-legislative powers granted to them also have the investigatory powers as an incident to make the exercise of their powers effective.

    Investigation is indispensible to prosecution.

    The investigatory or inquisitive power allows them to:

    1. inspect records and premises

    2. investigate activities of persons or entities under their jurisdiction

    3. require disclosure if information through accounts and records, testimony and production of documents.

    In the cases where their investigation involves the gathering of facts to be used as the basis of an administrative charge against a public official, the officials not entitled to be informed of the findings and the recommendations.

    The official is only entitled to be informed of the charge against him, as well as to the right to a hearing and opportunity to be heard.

    INVESTIGATIVE POWERS AS A MAIN FUNCTION

    This refers to an agency or an investigative body whose sole power is investigation. Their function is limited to investigating facts and making recommendations or findings.

    It merely refers its findings and recommendations to another agency who has the power to adjudicate.

    It has no judicial or quasi-judicial powers and cannot grant relief.

    It cannot determine probable cause.

    (Commission on human rights, NBI)

  • TEST TO DETERMINE IF AGENCY HAS INVESTIGATORY FUNCTIONS ONLY OR BOTH INVESTIGATORY AND JUDICIAL FUNCTIONS:

    If the purpose of the investigation is merely to evaluate evidence submitted, and no pronouncement or judgment is rendered, then the agency does not have the power of judicial functions.

    INVESTIGATE

    The act of discovering and collection of facts concerning a certain matter. Its purpose is to discover, find out, learn and obtain information only. ADJUDICATE To settle in the exercise of a judicial authority.

    INVESTIGATIVE POWERS OF THE OMBUDSMAN

    The Ombudsman is an agency created by the Constitution. Their function is to protect the people against the abuses of public officials and employees.

    1. Their authority to investigate any illegal act or omission by a public servant includes the investigation of a crime by a public official. It is not required that the act or omission be related to the performance of his official duty.

    2. Their scope covers public officials and employees of the government, its agencies and instrumentalities, including GOCC.

    3. CHARACTERISTICS OF POWERS OF OMBUNDSMAN:

    1. Due process required

    2. Proof required is substantial evidence

    3. Submission of answer or counter-affidavits deemed compliance of due process

    4. Counsel generally not a requirement

    5. Rules as to evidence is more lenient. There are no strict time constraints in the filing of answers.

    CHAPTER 4

  • QUASI-LEGISLATIVE POWER Legislative power This refers to the power to make, alter and repeal laws. This is vested by the Constitution and generally leaves no discretion on the part of the agency delegated with such powers. EXCEPTION TO THE DOCTRINE OF SEPARATION OF POWERS OR DELEGATION OF SUBORDINATE LEGISLATION

    The Constitution itself makes allows legislative powers to be delegated to the Executive Branch, the Judicial Branch and the LGUs.

    DELEGATED LEGISLATIVE POWERS GRANTED TO PRESIDENT:

    1. Constitutional provision allowing President to exercise powers necessary to effect a national policy in times of war or emergency

    2. Ordinance powers under the Administrative Code of 1987

    Ordinance powers are in the form of a Presidential Issuance.

    PRESIDENTIAL ISSUANCES

    These refers to orders issued by the President in exercise of his ordinance power. It has the force and effect of law and is binding to the parties concerned.

    It includes executive orders, administrative orders, proclamations, memorandums orders and circulars and general or special orders.

    EXECUTIVE ORDERS

    This refers to the acts of the President to prescribe or provide rules of a general and permanent character for the purpose of enforcing a constitutional or statutory power.

    ADMINISTRATIVE ORDERS

    Acts of the President in relation to a particular aspect of government operations and made in pursuance of his duties as administrative head.

    PROCLAMATIONS

  • Acts of the President related to the fixing of a date or the declaration of a public moment or interest.

    MEMORANDUM ORDERS

    Acts of the President related to administrative details and pertains to temporary interest concerning a particular office or agency.

    MEMORANDUMCIRCULARS

    Acts of the President related to matters within the internal administration for the purpose of bringing to the attention of the specific head or agency a particular matter.

    GENERAL AND SPECIFIC ORDERS

    Acts of the President in his capacity as Commander-in-chief of the AFP.

    DELEGATION OF LEGISLATIVE POWER TO THE SUPREME COURT

    1. The Constitution vest with the SC the power to promulgate rules to protect and enforce constitutional rights, pleadings, practices and procedures in the conduct of the courts. It includes rules related to the admission to the Bar, the practice of law and assistance to the underprivileged.

    2. The Constitution requires that these rules must be:

    1. Simplified and inexpensive for the speedy disposition of cases

    2. Uniform for all courts of the same level or grade

    3. It must not diminish, increase or modify substantive rights.

    3. Rules of procedure of the courts and quasi-judicial bodies remain effective and valid unless it is disapproved by the Supreme Court.

    4. The power to promulgate rules implies also the power to repeal procedural laws

    5. Any statute which provides that any decision made by a quasi-judicial body be appealable to the Supreme Court is a valid and effective provision only if there is advise and concurrence from the Supreme Court.

    In such a case, Rule 45 of the Rules of Civil Procedure (Certiorari with questions of law)) applies.

  • DELEGATION AS AN EXCEPTION TO THE RESTRICTION

    The delegation of legislative powers does not and may not include powers that are strictly, inherently and exclusively legislative in functions.

    This refers to powers involving :

    1. The determination of whether or not there shall be a law

    2. The determination of the general purpose to be achieved by the law

    3. To fix the limits within which the law shall operate.

    RULE

    Statements made by an administrative agency which is off general applicability and made to implement or interpret laws, as well as fixing its procedures for the benefit of the general public.

    RULE-MAKING

    The process made by an administrative agency to make, amend or repeal laws or rules.

    RULE-MAKING POWERS

    This refers to the powers of the agencies to issue rules and regulations as part of their delegated legislative powers in accordance with their functions.

    This is an exemption to the doctrine of non-delegation of legislative powers. Its authority is conferred by law and partakes the nature of a statute. It has the force and effect of law.

    The rules must be within the scope of their authority granted by Legislature. It must be related and must not exceed its defined scope.

    ADMINISTRATIVE FUNCTIONS

    These refers to functions which involve the regulation and control over the conduct and the affairs of individuals for their own welfare and benefit. It covers the enactment of rules and regulations to carry out the policy of the agency.

    This involves acts pertaining to rule-making powers.

  • QUASI-JUDICIAL POWERS

    This refers to the authority granted to administrative bodies to hear and determine cases related to their general scope of functions.

    REQUISITES IN CARRYING OUT QUASI-JUDICIAL FUNCTIONS

    1. The body or agency must investigate or ascertain facts

    2. A hearing must be held

    3. Weigh the evidences presented

    4. Draw conclusions or adjudicate based on the law and evidences presented.

    GENERAL RULES ON APPEALS OF QUASI-JUDICIAL FUNCTIONS

    1. The exhaustion of administrative remedies is the proper action in cases wherein the act of the agency concerned is related to its quasi-judicial functions.

    2. In cases where the action is one related to the rule-making or quasi-legislative powers, the question may be raised in the regular courts.

    3. The Doctrine of Primary Jurisdiction applies in cases where the action involved is one exercised in line with its quasi-judicial and adjudicatory functions.

    In such cases, the court will not take cognizance of the action unless administrative remedies have been exhausted.

    4. If what is assailed is the constitutionality or the validity of the rule or regulation issued by the agency in performance of its quasi-legislative functions, then the question may be raised with the regular courts.

    NOTICE AND HEARING

    1. In the exercise of its adjudication powers (quasi-judicial or powers of adjudication), a government agency is required to observe or comply with the requirement of notice and hearing, or at least to give the affected party the opportunity to be heard. Otherwise, their decision is invalid.

    2. In the exercise of its rule making powers or legislative powers (issuance of rules and regulations), notice and hearing is not a requisite.

    KINDS OF RULE-MAKING POWER

  • 1. RULE-MAKING POWER

    This refers to the power to issue rules and regulations which have the force and effect of law.

    2. CONTEMPORANEOUS CONSTRUCTION

    This refers to the power to interpret and construe statutes or laws assigned top them for enforcement.

    This may be in the following forms:

    a. Interpretation as incidental of the execution of a law

    b. Interpretation handed down by the DOJ upon the request of a government agency or official

    c. Interpretation in an adversarial proceedings

    3. DETERMINATION OF WHAT THE LAW IS

    This refers to the ascertaining of facts which forms the basis of the law or statute.

    DELEGATION OF LEGISLATIVE POWERS

    THE POWER OF SUBORDINATE LEGISLATION

    The administrative agencies are allowed to lay down the details of the policies assigned them.

    These are also called supplementary regulations and has the force and effect of law.

    WHAT MAY BE DELEGATED

    Any legislative rules which must not be substantive or purely acts of legislation.

    WHAT MAY NOT BE DELEGATED

    Those which are purely legislative in nature.

    This consist of :

    1. The power to make laws 2. The power to determine what the law shall be 3. The power to alter or repeal laws.

  • TEST TO DETERMINE VALIDITY OF THE DELEGATION OF LEGISLATIVE POWERS

    The test to determine whether or not there is a valid delegation of legislative powers are:

    1. THE COMPLETENESS TEST

    The law must be complete in all its items and conditions when it leaves Legislature such that when it reaches the Administrative Agency, the only thing left for the latter to do is to enforce it.

    A statue is complete if the subject, the manner and the extent of its operations are stated therein, and the provisions must be sufficiently definite and certain as to enable a person to know his rights and obligations under the statute.

    2. THE SUFFICIENT STANDARD TEST

    There must be an adequate guideline and limitation in the law to determine the delegated authority of the Administrative Agency.

    The policy and purpose of the statute must be declared and it must fix the legal principles in which cases covered under the statute are to be controlled and determined.

    The standard may be expressed or implied. It may be expressly stated within the framework of the statute or it may be implied as a necessity in the enactment of the rules and regulations.

    The standards fixed by the law cannot be enlarged or restricted.

    A statute which has no standard, or prescribes an inadequate standard for the exercise of delegated legislative powers for the purpose of implementing the law is null and void. It is deemed to have issued the rules with no legal basis.

  • RULES AND REGULATIONS

    1. A valid rule and regulation has the force and effect of law.

    Until such time that it is set aside, the rules are binding.

    2. GUIDELINES FOR A VALID RULE AND REGULATION:

    1. Be consistent or germane to the purpose of the law

    2. It must be reasonable

    3. It must be consistent to the standards prescribed by the law

    4. It must not enlarge or limit the law

    5. It must be fair and reasonable

    6. Formal requirements:

    1. publication requirements

    2. filing with the UP Law Center

    3. RULES WITH PENAL PROVISIONS

    Administrative agencies have the authority to issue rules and regulations which are penal in nature, provided the law itself makes a violation punishable and provides for its penalty. The regulations may thus validly enact the details of the offense.

    However, if a penalty is not specified in the law, the administrative agency does not have the authority to attach penalties.

    4. EFFECTIVITY OF THE RULES:

    a. Laws shall take effect after 15 days following completion of its publication in the Official Gazette or newspaper of general circulation, unless otherwise provided.

    b. Failure to publish even a valid administrative law makes the law void or invalid.

    c. No publication required:

    1. Interpretative regulations, or

  • 2. those internal in nature

    5. Executive orders, presidential issuances and letters of instructions require publication, even if it pertains only to the repeal, amendment or alteration of such executive orders

    DELEGATION TO ASCERTAIN FACTS

    This refers to the power to ascertain facts which are to be used as the basis for determining when a law may take effect, be suspended or ends, in accordance with its purpose. This may be delegated to administrative agencies provided the standard and limits of the delegation is expressed in the law.

    RESTRICTION TO THE DELEGATION OF LEGISLATIVE POWERS

    Doctrine of potestas delegata non delegari protest

    What has been delegated cannot be delegated.

    The act of delegation is deemed not only a right but a duty to be performed by the person delegated using his own personal judgment and discretion, and not that of another. Thus, a further delegation is a violation of the trust reposed.

    DELEGATION OF RATE-FIXING POWER

    This refers to the delegated powers given to administrative agencies to fix the rates which public utility companies may charge the public.

    1. IN EXERCISE OF LEGISLATIVE FUNCTION

    It is legislative if the application of the rates apply to all enterprises of same class throughout the country

    Notice and hearing not essential

    2. IN EXERCISE OF QUASI-JUDICIAL FUNCTION

    It is quasi-judicial if the application applies only to a specific party.

    Notice and hearing is an essential condition

    QUESTION ON VALIDITY OF IRR

    Prohibition is not proper remedy, except if agency exercised grave abuse of discretion in reaching decision.

    Exhaust administrative remedies first before appeal is made with regular courts

  • CONTEMPORARY CONSTRUCTION

    ADMINISTRATIVE RULES AND REGULATIONS

    1. This refers to the acts of interpretation or construction made by an administrative agency in promulgating rules and regulations in exercise of their delegated rule- making power.

    2. It carries the binding effect of a law. To be valid and binding, the procedures fixed for its promulgation must be followed and the scope must be within the statutory authority granted by Congress.

    3. The power to interpret is inherent in the powers delegated to an agency in order to enforce the law for which they are tasked. It carries the presumption of legality since it involves their technical knowledge and expertise.

    4. If an erroneous interpretation was made, the agency may, on their own initiative, correct such errors. However, no retroactive effect may be applied

    5. Until the SC decides on its unconstitutionality or invalidy, it remains effective and valid.

    KINDS OF CONTEMPORANEOUS CONSTRUCTION:

    1. RULES AND REGULATIONS

    2. IRR

    These refers to supplemental or detailed regulations which was meant to fill in the details of the law.

    3. CONTINGENT LEGISLATION

    This refers to the power of an agency to suspend or continue the enforcement or application of the law.

    4. CIRCULARS

    This is also known as interpretative legislation and refers to the power to interpret provisions of the law in relation to its application.

    This has the force and effect of law.

  • TYPES OF INTERPRETATION OF THE LAW

    1. The construction by an executive or administrative officer who are directly tasked to implement the laws.

    It may be expressed or implied.

    It is expressed if the interpretation is expressed in a circular, directive or regulation.

    It is implied if the interpretation is applied in a particular manner (interpretation by usage or practice).

    2. The construction by the Secretary of Justice in his capacity as chief legal adviser of the Government.

    This construction is in the form of opinions issued upon the request of an administrative agency who is tasked with the enforcement of the law being construed.

    In the absence of a judicial ruling as to its interpretation, or if reprobated or disapproved by the President, these opinions are controlling among the administrative agencies.

    This opinions may be modified, altered or reversed by the President.

    3. The rulings made by an executive or administrative Secretary in cases of an adversarial proceeding.

    ADMINISTRATIVE PRACTICE

    This refers to any formal and informal act of an administrative agency in construing, interpreting or applying the law.

    In the absence of a judicial interpretation by the SC regarding the provisions of the law or statute, the court must give weight to such interpretations.

    As a general rule, such construction placed by an executive or administrative officer will be adopted in cases where it is deemed necessary to resolve a doubt.

    DOCTRINE OF SUBORDINATE LEGISLATION

    This refers to the delegated powers given by Congress to government agencies, in consideration and recognition of their expertise in their field, to promulgate rules and regulations in relation to the law where such agency is tasked to enforce.

  • NOTICE, HEARING AND PUBLICATION REQUIRED:

    1. The interpretation substantially adds or increases the burden of the public

    2. The interpretation affects the general public

    NO REQUIREMENT FOR PUBLICATIONS

    1. Opinions or interpretations since it is only advisory in nature

    2. Internal rules pertaining to superior and subordinate relations

    GENERAL RULES ON HEARING AND NOTICE OF INTERPRETATIONS:

    1. There is no Constitutional provision requiring hearing be made before making interpretations made in exercise of the legislative powers by an agency.

    2. No hearing is required in making interpretations related to:

    a. General regulations

    b. Procedural rules

    c. Legal Opinions

    d. IRR

    3. Notice and hearing is required only when substantial rights of the public may be affected.

    LEGISLATIVE APPROVAL OF AN ADMINISTRATIVE CONSTRUCTION OR INTERPRETATION

    Legislature is presumed to have full knowledge of a contemporaneous or practical construction of a statute by an administrative or executive officer.

    However, Legislature may, by their action or inaction, decide to approve or disapprove the construction.

    The approval are made in the following forms:

    1. Replacement of the law itself using provisions in the contemporaneous interpretation.

    2. Amend the statute without restricting, nullifying or changing the contemporaneous construction.

    3. Silence on the part of Legislation

  • WHEN CONTEMPORANEOUS CONSTRUCTION DISREGARDED BY COURTS:

    1. No ambiguity in the law

    2. Construction is clearly erroneous

    3. Strong reasons to the contrary exists

    4. When the court has already given a different interpretation

    EFFECT OF ERROUNOUS CONSTRUCTION:

    As a general rule, an erroneous construction of the law creates no vested rights on the party who relied on the construction.

    The government is not estopped to make the necessary corrections and any party cannot excuse himself from compliance.

    However, an exception may be made in the interest of justice and fair play.

    INTERPRETATIONSS WITH PENAL PROVISIONS:

    1. Allowed when law authorises it

    2. Publication is mandatory

    CHAPTER 5 QUASI-JUDICIAL POWERS QUASI-JUDICIAL This refers to the action or discretion of a public administrative or executive officer or agencies to exercise discretion of a judicial nature as part and basis of their official action. 1. The proceedings are summary in nature and does not necessarily require hearing in open court, submission of pleadings generally sufficient. 2. Open court hearing is available only in cases where it is essential to the proceeding to hear oral testimonies of witnesses 3. The body is not bound by the technical rules and procedures on evidence. 4. The determination must be based on facts presented and the application of the law. 5. Substantial evidence required to be proved.

  • QUASI-JUDICIAL BODY 1. This refers to the body of government other than the courts and legislature who exercises adjudicative powers which may affect the rights of a person. 2. Their decisions attains finality and becomes executory unless seasonably appealed to the proper reviewing authority. 3. Notice and hearing required before determination made ARBITRATION This refers to the settlement of a dispute or controversy by an impartial 3rd person whose determination or judgment is based on the evidences and arguments of the parties in the controversy. The decision is binding upon the parties to the controversy. 1. VOLUNTARY ARBITRATION In this case, the dispute is referred by the parties, pursuant to a contractual arbitrary clause, to an impartial 3rd party for resolution. 2. MANDATORY ARBITRATION In this case, the parties to the dispute is compelled by the government to enter into an arbitration by an impartial 3rd party or tribunal. The decision is also binding to the parties. JURISDICTION, IN GENERAL

    1. The power or capacity conferred by law to a court or tribunal to hear and determine controversies and make a judgement or determination on such controversies.

    2. Determined by the law or statute in force at the time the action is commenced, it cannot be determined by the agreement of the parties.

    3. An administrative body granted quasi-judicial powers is deemed a tribunal of limited jurisdiction and their powers are limited only to those granted them by Congress.

  • 4. The grant of quasi-judicial powers include :

    a. the authority to determine issues incidental to it.

    b. the power to issue rules governing cases raised by appeal to the Office of the President.

    5. The grant of quasi-judicial powers to an agency must be incidental to its main task of implementing the law in the specific fields of its exercise.

    JURISDICTION OVER THER SUBJECT MATTER

    1. Jurisdiction over the subject matter is conferred by law. It may not be acquired by the consent, agreement or waiver of the parties or by a unilateral assumption by the tribunal.

    2. Questions on jurisdiction by an administrative agency may also be raised at any stage of the proceedings except in cases where in the party invokes or questions the acquisition of jurisdiction only after the proceeding has been decided against him. In which case, the party is already estopped from raising the issue.

    JURISDICTION OVER THE PERSON OF THE PLAINTIFF OR PETITIONER

    Jurisdiction acquired by:

    1. the filing of the initiatory pleading and

    2. payment of related fees.

    JURISDICTION OVER THE PERSON OF THE DEFENDANT OR RESPONDENT

    Jurisdiction is acquired by :

    1. the service of summons or

    2. by voluntary submission to the proper court or tribunal.

    SUBSTANTIAL EVIDENCE

    The evidence a reasonable mind may accept as adequate to support a conclusion, and that its absence is not shown by stressing that there is a contrary evidence on record, whether direct or circumstantial

  • JUSTICIABLE CONTROVERSY

    It refers to an action initiated against a party by another party having an interest in the subject matter which is appropriate for judicial determination.

    The controversy must be raised by the party entitled to maintain the action.

    ADMINISTRATIVE PROCEDURE

    A quasi-judicial agency is empowered by the Constitution to make its own rules and regulations to guide its adjudication process or proceedings.

    These rules are effective unless disapproved by the SC.

    1. The rules must not diminish, increase or modify substantial rights.

    2. The Rules of Court are merely suppletory to Rules of Procedures of Quasi- administrative agencies, and the former is used only in case of deficiency or absence of applicable provisions.

    3. The procedural rules may be altered or modified by the SC in exercise of its rule- making power.

    4. Technical rules in the court of law is not prevailing or controlling in an administrative proceedings.

    5. However, testimonies and evidence must be substantial.

    6. Also, such proceedings are still bound to observe due process (notice and hearing).

    LICENSING

    The act of an agency in the maintenance, control, supervision of licenses. This includes the granting, renewal, denial, revocation, suspension and withdrawal.

    Except in cases of willful violation of laws, or if required by public safety, no license may be withdrawn, suspended or annulled without notice and hearing.

    When a renewal has been filed in a timely manner related to a continuing activity, the existing license shall not be deemed expired until the renewal application has been determined.

  • INSTITUTION OF THE PROCEEDINGS:

    1. Filing of the complaint or petition

    2. Complaint must be:

    a. verified,

    b. signed by complainant or petitioner

    c. Certificate against Forum Shopping.

    3. Informal Applications

    This refers to application of licenses or permits and its renewal.

    It may be initiated ex-parte, by an informal application or by a mere letter sent by a complainant.

    These form of complaints become contested when the application is either opposed or denied, or if shown that there is a need for the person being complained to be given the opportunity to be heard.

    TEST TO DETERMINE FORUM SHOPPING

    The test to determine whether or not there is a violation of the forum shopping rule is when the elements of litis pendencia is present or when a final judgment in the other case will result in res judicata.

    ELEMENTS OF LITIS PENDENCIA

    1. Involves same cause of action

    2. Involves same issues and subject matter

    3. Involves parties

    ELEMENTS OF RES JUDICATA

    1. There is a final decision

    2. Decision was based on the merits

    3. It was handed down by a court of competent jurisdiction

    4. The two action involves the same parties, subject matter and cause of action.

  • SUMMONS

    This is a writ where the respondent is notified of the action against him and is required to file his answer thereto.

    This is an indispensable requisite of due process in an administrative proceeding, although it is not strictly construed.

    Substantial compliance is sufficient.

    STAGES OF AN ADMINISTRATIVE HEARING

    1. Taking and evaluation of evidence

    2. Determination of facts based on evidence presented

    3. Rendering of the order or decision as supported by the facts

    NOTICE AND HEARING

    1. NOTICE

    To be served at least 5 days before the hearing date.

    It shall state date, time and place of hearing.

    2. HEARING

    Hearing does not necessarily require a trial-type of presentation of evidence.

    A case may be submitted for resolution based on a stipulation of facts, admissions of parties, position papers, affidavits and counter-affidavits.

    In such cases, due process is not violated since this is deemed an opportunity on the part of the party to be heard.

    In cases where there are issues which cannot be decided upon without a trial on the case based on merits, then a hearing must be scheduled.

    3. Failure to comply with the twin requirements renders the decision null and void.

    4. A motion for reconsideration and an appeal made of the decision rendered is considered as a sufficient opportunity to be heard since such steps taken cures the defect of previous notice.

  • SUBPOENA AND CONTEMPT OF COURT

    Generally, when authority is conferred by law upon an administrative agency to take testimonies or evidence, such authority includes the power to issue subpoenas, subpoena duces tecum and to order contempt.

    These 3 powers applies only in the exercise of the administrative agency of its quasi-judicial powers, not in exercise of its administrative or ministerial functions.

    SUBPOENA

    This refers to the process directing a person to attend and testify at a trial, hearing or an investigation.

    SUBPOENA DUCES TECUM

    This refers to the process directing the production of specified documents which are relevant and material to the issue of the hearing or investigation.

    CONTEMPT

    This may be expressed in the law or implied.

    DOCTINE OF JUDICIAL NOTICE

    Fact finding bodies may influence their decisions using their own investigation as the basis for such decision.

    They are allowed to consider the results of their investigations in addition to the facts or evidence presented before them.

    The administrative agency may take notice of judicially cognizable facts, as well as those cognizable technical or scientific facts, within its specialized knowledge.

    .DELEGATION OF QUASI-JUDICIAL POWERS TO DIVISION

    In cases where an administrative agency granted delegated quasi-legislative and quasi-judicial powers have no express provision in its law or authority as to whether it may withhold or deny the authority to delegate adjudicatory functions to a division, the agency may constitute adjudicatory divisions for the purpose of effectively carrying out its administrative responsibilities and quasi-judicial powers as a regulatory body.

  • DELEGATION TO RECIEVE EVIDENCE

    A quasi-judicial body may delegate the function to receive evidence and perform any, or all, acts necessary for the resolution of factual issues falling within its jurisdiction.

    However, it is required that such agency exercise his own judgment and discretion in reaching a decision

    DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS

    CONCEPTS OF DUE PROCESS

    1. Due process refers to the chance or opportunity given to the parties to be heard before a determination can be reached.

    2. In termination cases, hearing may be dispensed with except if required for clarificatory purposes.

    NOTES:

    1. Failure to observe due process in a proceeding renders any judgment null and void.

    2. Under such case, the decision may be attacked based on commission of grave abuse of discretion and violation of due process.

    3. The case may be raised with the CA immediately (grave abuse), without passing through the hierarchy of administrative remedies.

    4. If the cause of action involves a privilege granted (license or permits), its cancellation still requires the observance of due process since such privilege has an imposed property rights and as such, it cannot unilaterally be revoked.

    FORMS OF DUE PROCESS

    1. PROCEDURAL DUE PROCESS

    This refers to the method or manner in which the law is enforced.

    This must comply with the following basic rights:

    1. Right of notice, whether actual or constructive

    2. Right to a hearing and to defend himself

    3. Right to be tried before an impartial and competent court.

    4. Decision must be based on substantial evidence

  • 2. SUBSTANTIAL DUE PROCESS

    This refers to the requirement that the enforcement of the law must be fair, reasonable and just.

    It purpose is to negate or avoid arbitrariness and unfairness in a proceeding

    To satisfy due process, the official action must not go beyond what is allowed by the law.

    REQUISITES OF DUE PROCESS IN AN ADMINISTRATIVE HEARING:

    1. The right to a hearing

    2. The tribunal must consider only evidence presented

    3. The decision must be supported by law

    4. The decision must be based on the evidence presented

    5. The evidence must be substantial

    6. The decision must independently come from the judge or tribunal

    7. Notice to parties shall be made stating the decision, the issues involved, the reason as well as the basis for the decision must be expressed.

    8. The tribunal or officer must have been conferred with jurisdiction to decide and render judgment on such issues

    MINIMUM REQUISITES IN OBSERVANCE OF DUE PROCESS:

    1. There is a tribunal that is impartial, competent and clothed with jurisdiction

    2. Due process is observed

    3. The trial must be fair

    4. Determination is based on substantial evidence

    5. Determination must also be based on an applicable law.

  • WHEN PRIOR NOTICE NOT REQUIRED

    In cases where the law is silent on prior notice and hearing, compliance with such requirement depends upon the nature of the power to be exercised or the means to be achieved.

    It generally refers to acts made in exercise of police powers and for public good and safety.

    1. Actions to revoke a license or permit

    2. Summary proceedings involving levy against delinquent taxpayer

    3. Summary proceedings to abate a nuisance per se

    4. Preventive suspensions made while administrative charges or investigation is pending

    5. Actions of padlocking obscene establishments

    NUISANCE

    KINDS OF NUISANCE

    1. NUISANCE PER SE

    This refers to nuisance under any and all circumstances since it is a direct menace to public health, safety.

    These forms of nuisance may be abated immediately and summarily, with no need of prior notice and hearing or proceeding.

    2. NUISANCE ACCIDENS

    This refers to nuisance due to certain conditions or circumstances and is based on a question of fact.

    to abate such nuisance, due hearing before a competent court is a mandatory requisite.

  • SUMMARY DISMISSAL PROCEEDINGS:

    1. COMPLIANCE OF DUE PROCESS:

    1. The filing of charges must be made known to the respondent or the erring public servant

    2. The latter is given reasonable opportunity to answer charges against him.

    2. The complaint mandatorily requires that it must:

    1. be in writing

    2. the charges specified

    3. the supporting affidavits attached

    3. However, the formal investigation (presentation of witnesses by direct examination) is dispensed with.

    EX-PARTE AND PRELIMINARY ORDERS OR PROVISIONARY RELIEFS

    1. Provisional reliefs (TRO and cease and desist orders) may be granted without prior notice and hearing

    2. In disciplinary proceedings, preventive suspension need no require prior notice and hearing

    3. The power of an agency to issue ex-parte orders (suspension of operations of an establishment), prior notice and hearing is also not essential.

    ACTS DEEMED VIOLATION OF DUE PROCESS

    1. Absence of compliance of right to notice and hearing

    2. Decision was not supported by evidence

    3. Evidence other than those presented before the tribunal were taken into account

    4. Tribunal acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

    ACTS NOT DEEMED A DENIAL OF DUE PROCESS

    1. Failure to attend hearing despite valid notice of hearing

    2. The law does not require prior notice and hearing

    3. Filing of a motion for reconsideration after an adverse decision was made.

  • MOTION FOR RECONSIDERATION AS COMPLIANCE OF DUE PROCESS

    Generally, a denial of the twin requirements of due process cannot be invoked by a party once he files a motion for reconsideration on the decision since his motion has the effect of curing the procedural defect. It therefore constitutes sufficient notice and opportunity to be heard.

    This rule, however, assumes that the other requirements of due process have been complied with.

    RIGHT TO COUNSEL

    1. The right to counsel applies only in a custodial investigation. It may be waived provided such is made in writing and signed in the presence of the counsel himself.

    2. The right to counsel is not part of the procedural due process requirement in an administrative proceeding.

    DECISION

    This refers to the entire, or a portion of, final disposition.

    This does not cover interlocutory orders.

    PERIOD TO RENDER DECISION

    Within 30 days after its submission for decision to the tribunal.

    This is not mandatory, but merely directory.

    SUBMISSION FOR DECISION

    It is deemed submitted for decision after both of the parties:

    1. have concluded their presentation of evidence or

    2. upon the filing of their memoranda, if required.

    WHERE APPEALED

    To the CA through a petition for review

    a. raises questions of fact,

    b. questions of law, or

    c. questions of both fact and law

  • PUBLICATION

    The law requires that all decisions or final orders shall be published and be made available to the public.

    The Records officer are thus required to prepare a register or compilation of the decisions made for the use of the public.

    FINALITY OF THE DECISION

    1. A decision becomes final and executory:

    1. 15 days after the receipt of a copy of the decision by the adverse party, and

    2. No appeal or MR has been perfected within such time.

    2. The filing of an appeal or an MR suspends the running of the prescription period

    3. If the law prohibits the filing of a 2nd MR, the agency is precluded from accepting or entertaining the second motion, and the decision made becomes final.

    4. Although an administrative agency may alter, modify and reverse their decision motion proprio (without need for an MR), they are only allowed to do so provided the decision is not yet final and executory.

    REQUIEMENT OF VOTES IN A TRIBUNAL OR COLLEGIATE BODY

    The general rule is that the powers and duties of the board or other collegiate bodies may not be exercised by its individual members separately.

    Their acts are deemed to be official only when done by the members convened in a session, upon concurrence of at least a majority.

    FINAL DECISION ARE NOT REVIEWABLE

    1. The decisions made by an administrative agency becomes final and executory 15 days after receipt of the notice of the decision by the adverse party, except if an appeal or judicial review was perfected within such time.

    2. One motion for reconsideration is allowed.

    3. A decision by an administrative agency also binds the Office of the President.

  • NOTES ON APPEAL IN A CONTESTED CASE

    1. The rules of procedure in some quasi-judicial agencies prescribe for the requirements for an appeal to a higher administrative agency.

    2. An appellant should comply with all the requirements needed to perfect an appeal, otherwise it may be dismissed or denied its due course.

    3. An appeal is a purely statutory right and thus, compliance with the requisites is mandatory.

    4. An appeal is also not deemed a part of due process

    5. If the law does not grant an appeal, such remedy cannot be invoked.

    6. In cases where a motion for reconsideration is denied, the movant shall have the right to perfect an appeal during the REMAINDER OF THE PERIOD TO FILE AN APPEAL, starting from the date of receipt of the resolution of denial.

    7. Decisions made by an administrative agency may be appealed to higher administrative bodies, its manner and procedure as provided by law.

    ADMINISTRATIVE REVIEW

    This refers to the reconsideration or re-examination of a decision of a subordinate officer or agency by a higher one.

    POWER OF REVIEW

    Refers to the power which is exercised to determine whether it is necessary to correct the acts of a subordinate and to see if he performed his duties in accord with the law.

    1. This power may be exercised motu proprio provided the decision is not yet final and executory.

    This is in exercise of his powers of control over a subordinate, and must be made only if there is a clear showing of error.

    2. He may also review the decision once an appeal by the aggrieved party is made, and this is in accordance with the rules of procedure of his agency.

    3. Evidences not formally submitted during the hearing before the agency may not be submitted for the first time, or on appeal. The reviewing officer or agency may disregard it except when the issue was not raised before the lower administrative agency or officer due to denial of presentation.

    4. If the law does not prohibit it, the reviewing agency may conduct further hearings on the issues of facts.

  • PRESUMPTION OF LEGALITY

    The legal presumption is that an administrative agency has duly performed its official duty in the action taken in exercise of their quasi-judicial functions.

    However, the presumption is deemed non-existent if it deprives a person of real or personal rights.

    FINALITY OF THE DECISION OF AN APPELLATE AGENCY

    The decision of an appellate agency becomes final and executory 15 days after the receipt by the parties of a copy thereof, unless a motion for reconsideration (MR) is seasonably filed, or a petition for review is filed with the CA

    Only 1 MR is allowed.

    RES JUDICATA

    The Doctrine of Res Judicata applies to a decision made by an administrative agency once it becomes final.

    These decisions are deemed conclusive in relation to the rights of the affected parties, similar to the decisions made by the regular courts.

    EXEMPTIONS:

    1. There is the existence of supervening facts which may change the outcome of the decision in the interest of justice

    2. In cases where the doctrine of res judicate was not raised or was waived as a defense .

    3. If the application of the principle would defeat the interest of justice in favor of technicalities.

    WRIT OF EXECUTION TO EXECUTE JUDGMENT

    An administrative agency may issue a writ of execution in exercise of its quasi- judicial powers, provided there is no law prohibiting such issuance.

    The authority to issue a writ of execution is a logical exercise in order to enforce the judgment, otherwise it may be rendered useless.

  • CHAPTER 6 DOCTRINE OF PRIMARY JURISDICTION EXHAUSTION OF ADMINISTRATIVE REMEDIES 1. DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION a. In cases where the regular courts have concurrent jurisdiction with the administrative bodies,

    b. the aggrieved party must first seek relief with the administrative body

    c. before he is allowed to avail of the remedy afforded by the courts.

    d. Applies to cases involving technical issues.

    NOTES:

    a. The judicial process is suspended pending the determination made by an administrative body, under a regulatory scheme.

    b. The court, moto proprio, may raise the issue of primary jurisdiction, and the parties cannot make an argument against it.

    In such cases:

    1. The proceeding is suspended and the case is referred to the proper administrative body, or

    2. The case will be dismissed without prejudice, provided no injustice will occur.

    c. EXEMPTIONS TO THE DOCTRINE

    1. When the administrative agency has no jurisdiction to resolve the dispute in accordance with the law.

    2. Express stipulation under the law

    3. If it would result in substantial injustice

    4. To prevent undue harassment

    5. Grave abuse of discretion resulting to excess of jurisdiction

    6. It involves questions of law

  • 2. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

    1. The case is first cognizable by the administrative agency,

    2. Judicial intervention or court intervention is withheld

    3. Pending the determination by the administrative agency

    NOTES:

    1. The determination of a decision made by an administrative agency is deemed to be final when the President or the Cabinet members has made their determination.

    2. The case must have been decided in exercise of quasi-judicial powers only.

    3. If the issue involves exercise of legislative powers, then court remedy may be availed.

    4. When the rules of the administrative agency allows a party to file a motion for reconsideration of its ruling or decision, the party must therefore file such motion before filing a petition for certiorari (Rule 65), since such motion is deemed an adequate remedy, in accordance with this doctrine.

    EFFECT OF FAILURE TO AVAIL OF REMEDY

    1. It does not affect the jurisdiction of the regular courts. However, it will deprive the aggrieved party of a cause of action.

    As such, his action may be dismissed on such grounds.

    2. If no motion to dismiss was filed by opposing party, the court may proceed with the hearing of the case since this constitutes a waiver on the opposing party to invoke such ground.

    DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION

    The doctrine provides that availment of the remedy afforded by the judicial courts may be made only after the administrative body has completed its deliberation and there is nothing left for the latter to do administratively.

  • EXEMPTIONS TO THE DOCTRINE :

    1. When the rules of qualified agency (alter ego) applies

    The Doctrine of Qualified Agency states that the acts and decisions made by the department secretaries, as alter egos of the President, are deemed to be acts of the President unless it is disapproved or reprobated.

    This covers decisions made by department secretaries and their undersecretaries.

    A petition for certiorari under Rule 65 (lack or excess of jurisdiction)

    2. When the issue of non-exhaustion of such remedies have been rendered moot.

    3. The agency is estopped

    An agency is estopped from invoking this doctrine in cases where their order contains an order stating that the aggrieved party may either accept their decision or question it in court, whether such order was implied or expressed.

    4. The issue involves a purely legal question

    This refer to questions on what the law is, and how it is to be applied, in a given state of facts.

    If it involves a question of facts, then the administrative remedies should be exhausted to afford rthe agency of the chance to correct itself.

    5. The decision is patently illegal amounting to lack or excess of jurisdiction.

    This assumes that the order is a nullity and was made without jurisdiction or made in excess thereof.

    This also applies in cases where an appeal was filed out of time but was nevertheless recognized and the decision of the lower tribunal was reversed.

    The remedy is Certiorai under Rule 65.

    6. When the high government official to whom relief was sought fails to act on the matter, or there is an unreasonable delay

  • 7. When the decision results in an irreparable damage

    The damage must be substantial and may result in an irreparable damage or destroy the status quo of the controversy before the case may be determined.

    Quo warranto cases

    This refers to the action involving the removal of a public officer in favor of another appointee. Prescription is 1 year

    8. When no administrative remedies are provided by the law

    This applies when there is no law providing the administrative remedies to be taken as a condition precedent to the filing of an action in court.

    9. When the law and its administrative remedy is permissive or silent

    By the terms or implication of the law, the remedy is permissive in nature.

    GENERAL RULE

    The principle of primary jurisdiction applies in cases filed with the trial court, but the proceeding is suspended until the referral made with the administrative agency concerned is determined.

    The doctrine of exhaustion of administrative remedies applies in cases where the prescribed action should be addressed to the administrative agency concerned, except if the action in which it falls under the exemption to the general rule, in which case a petition for certiorari may be filed with the CA

    In both doctrines, failure to make a timely objection is deemed a waiver of such right, and the court is no longer precluded to proceed with its deliberation and determination.

  • CHAPTER 7

    JUDICIAL REVIEW

    1. This refers to the re-examination or the review by the judicial courts of decisions made by administrative bodies in exercise of their supervisory powers.

    2. Judicial review may be availed if the issue involves:

    1. Questions of law

    2. Questions of fact

    3. Issues concerning jurisdiction

    NOTES:

    1. Some laws provide for judicial review while others are silent.

    2. GENERAL RULES:

    A. If in exercise of its executive or administrative functions:

    Action for an ordinary complaint for injunction before the RTC.

    B. If in exercise of their quasi-legislative functions,

    Petition for cetiorari, mandamus and prohibition to be filed with the RTC.

    3. The following actions are the remedy available for decisions and rules made by an administrative agency:

    1. Ordinary court actions

    2. Appeal

    Available when the law provides for such a remedy.

    The decision must be appealed through an ordinary civil action within the prescribed time (30 days from receipt of such decision)

    3. Petition for review

    4. Petition for a writ of certiorari

    5. Petition for prohibition, and

    6. Petition for mandamus

  • LIMITATIONS ON JUDICIAL REVIEW

    1. purely administrative actions

    2. actions which are discretionary in nature.

    WHEN ADMINISTRATIVE ACTION SUBJECT TO JUDICIAL REVIEW:

    1. It was exercised with grave abuse of discretion.

    2. If the agency has gone beyond the scope of authority granted

    3. The action was unlawful or unconstitutional

    4. The decision was vitiated by fraud, imposition or mistake.

    GROUNDS FOR A JUDICIAL REVIEW

    1. Denial of due process

    2. Mistake of law, existence of fraud or collusion

    3. Decision was unsubstantiated or with no evidence to support it

    4. Grave abuse of discretion amounting lack or excess of jurisdiction.

    5. The decision was prejudicial to a party or decision was unconstitutional,

    6. Decision made in excess of authority or jurisdiction

    7. Decision based upon an irregular procedure

    8. Vitiation by fraud, imposition or mistake

    SUBJECTS OR ISSUED TO BE RAISED IN A JUDICIAL REVIEW:

    1. Questions of law

    2. Questions of fact

    3. Mix of both

  • JUDICIAL REVIEW OF:

    1. RULES AND REGULATIONS

    A judicial review concerning rules and regulations are limited to the following questions of whether the law is:

    1. Within the authority given to the agency,

    2. Reasonable , and

    3. Issued pursuant to the proper procedure.

    The court cannot substitute the rules with its judgment, it can only make a determination of the propriety and correctness of the rules.

    2. ADMINISTRATIVE DECISIONS

    The general rule is that the courts have no supervisory powers over the proceedings and decisions of an administrative agency, especially those made in exercise of its judgment, discretion and findings of fact.

    GENERAL CHARACTERISTICS OF JUDICIAL REVIEW:

    1. COURTS GENERALLY CANNOT INTERFERE WITH AGENCY DECISIONS

    The general rule is that the regular courts will not interfere in matters which are addressed to the sound discretion of government agencies which are entrusted with the enforcement and regulation of activities related to their special technical knowledge and training, unless there is the presence of fraud in such action.

    2. FINDINGS OF FACTS BY AN AGENCY IS GENERALLY CONCLUSIVE

    The finding of facts made by the agency in an administrative decision is respected by the courts, provided such decisions are supported by substantial evidence.

    These decisions can only be set aside by the courts if there is proof that

    a. grave abuse of discretion was committed,

    b. there was fraud attending the decision, or

    c. the existence of errors of law

  • 3. JUDICIAL INTERFERENCE IN TECHNICAL MATTERS IS LIMITED

    As a general rule, no courts shall have jurisdiction to issue any :

    1. temporary restraining order

    2. preliminary injunction, or

    3. preliminary mandatory injuction

    in the following cases:

    1. The issuance, approval or disapproval, revocation or suspension of licenses, permits, or public grants in the exploitation, development and utilization of natural resources.

    2. Disputes involving an infrastructure project or any public works and utilities operated by the government.

    A. The prohibition is limited to acts of an administrative agency on cases involving facts or the use of discretion in technical cases. This is a violation of the separation of powers in addition to the fact that it hampers progress.

    B. However, as to issues other than what is stated above, in addition to issues concerning questions of law, the courts may issue or exercise their power of restrain or prohibition against administrative agencies.

    4. PRESIDENTIAL DISCRETION IS NOT SUBJECT TO JUDICIAL REVIEW DISCRETION This refers to the power or right conferred upon an administrative officer or agency by which he may decide the issue or question brought before him based on his own judgment or conscience.

    His judgment on such matters are not subject to a judicial review, even if such judgment is erroneous.

    However, when the question or issue refers to the validity of the exercise of discretionary powers, the courts may exercise its judicial power of review.

    5. A DECISION THAT HAS REACHED ITS FINALITY CAN NO LONGER BE THE SUBJECT OF A JUDICIAL REVIEW

    The right to an appeal is a statutory right and it can be exercised only in the manner and in accordance with the provision of law. Failure to file a timely appeal by the aggrieved party renders the decision of an administrative agency final and executory.

  • The orders or decisions have, upon reaching finality, the force and effect of law and it can no longer be assialed under the principle of res judicata.

    EXPANDED JURISDICTION

    The Constitution grants the courts the power to review the decisions made by administrative agencies for the purpose of determining if such decisions were made within the bounds of the limits set by the Constitution.

    The function of the courts, in such cases, is merely to check whether the act of the agency was beyond the authority it was granted, it cannot make a determination of whether such agency made an error in their decision, or that the law should have taken a different view.

    DOCTRINE OF POLITICAL QUESTION (DOCTRINE OF SEPARATION OF POWERS)

    A political question is a question of policy, and therefore refers to questions which are to be decided upon by the people in their sovereign capacity, or through the full discretionary authority delegated to the executive branch.

    It concerns itself with the wisdom of a particular act or measure, not the legality of such act or measure.

    PETITION FOR REVIEW (RULE 43)

    1. A petition for review is an ordinary appeal from the decisions or final orders made by a quasi-judicial agencies exercising quasi-judicial powers

    2. The petition is filed with the CA

    3. The petition raises questions of fact, questions of law, or a mix of both questions of law and fact.

    4. It must be filed within 15 days from notice of the order or decision denying the MR.

    5. Only 1 MR shall be allowed.

    QUESTIONS OF LAW

    This refers to questions involving doubts or differences of opinions as to what the law is on a given state of facts, and how it is to be applied.

    QUESTIONS OF FACT

    This refers to questions wherein the doubt to be resolved pertains as to the truth or falsehood of the alleged facts.

  • SUBSTANTIAL EVIDENCE RULE

    This general rule provides that the decision of an administrative agency is conclusive on questions of fact and is no longer subject to the review of the courts in the absence of fraud, imposition, or mistake, provided that the determination of facts are based on substantial evidence.

    As such, the court cannot reassess, substitute or set aside the findings of the agency and replace it with their own.

    The except of this rule occurs:

    1. When the factual findings of the administrative agency and the initial fact- finding agency is conflicting

    2. When the findings are based on speculations, surmises or conjecture

    3. When the inferences are manifestly mistaken, absurd or impossible.

    4. When there is a grave abuse of discretion in the appreciation of facts.

    5. When the agency went beyond the issues of the case and the findings are contrary to the admissions of the parties

    6. When the judgment was premised on a misapprehension of facts

    7. When agency fails to notice certain relevant facts which, if considered, would justify a different outcome.

    8. When the finding of facts are conflicting.

    9. When the findings are conclusions without citing the specific evidence in which they were based.

    10. When there was an absence of evidence and such findings contradict the evidence on record.

    PETITION FOR CERTIORARI, PROHIBITION AND MANDAMUS (RULE 65)

    1. A special civil action which seeks to nullify or modify an order or decision of an administrative agency with quasi-judicial functions which acted:

    1. without jurisdiction, or

    2. in excess of jurisdiction, or

    3. with grave abuse of discretion which amounted to lack of jurisdiction.

  • 2. As a condition, there must be no appeal, or a plain, speedy and adequate remedy in the ordinary course of law.

    3. The petition must be filed within 60 days from receipt of judgment.

    4. The petition may be filed with the RTC. the CA or the SC, as the case may be.

    5. The petition may raise only:

    1. questions of law, and

    2. errors of jurisdiction

    3. as an exception, it may raise errors in judgment or questions of facts provided it falls under the exceptions which warrant a review of the facts.

    CASES WHERE CERTIORARI NOT PROPER:

    1. Purpose of petition is to correct errors of procedure or mistakes in the findings or conclusions.

    2. If such is the case or concern, the proper remedy is an ordinary appeal.

    PETITION FOR PROHIBITION

    This petition is a preventive remedy and its purpose is to restrain or prevent the doing of some act which is about to be done.

    Its intention is not prevent an act which has already been accomplished.

    PETITION FOR MANDAMUS

    1. This petition is applied in cases where:

    1. a tribunal or agency neglects to perform an act which is required of them by virtue of the law, or

    2. unlawfully excludes another from the use and enjoyment of a right or office to which the latter is entitled to.

    2. There must be no other plain, speedy and adequate remedy afforded by law.

    3. Upon the granting of the petition, the respondent is commanded to do the act required of him.

  • INJUNCTIVE RELIEF

    1. In a petition for certiorari, prohibition or mandamus, the court may issue a status quo order to maintain the last, actual, peaceable and uncontested status of things which preceded the controversy.

    2. A TRO or a writ of preliminary injunction may also be issued to preserve the rights of the parties.

    In the absence of such injunctive reliefs, the lower courts or quasi-agency may proceed with their trial or hearing.

    APPEAL BY CERTIORARI TO THE SUPREME COURT (RULE 45)

    1. Decisions made by the CA may be elevated to the SC under a petition for review for certiorari (Rule 45).

    2. The review of the SC pertains to its supervisory powers to review the judgment of the CA, Sandiganbayan, RTC and Quasi-judicial agencies.

    3. This is not a matter of right but a matter of sound discretion of the SC. The SC may deny due course when it determines that the appeal:

    1. is without merit, or

    2. is filed to delay judgment, or

    3. raises unsubstantiated questions

    4. The appeal must be filed within 15 days from notice of judgment or order.

    5. The appeal must raise only questions of law which must be distinctly set forth and discussed.

    PART II LAW ON PUBLIC OFFICERS Chapter 1 Nature and Elements of a Public Office

  • CONSTITUTIONAL GUIDELINES ON PUBLIC OFFICE 1. PUBLIC OFFICE IS A PUBLIC TRUST There exist a fiduciary relation between the officer, as the trustee and the citizens, as the beneficiary, since sovereignty resides in the people and as such, the officer is accountable to the people. 2. THE STATE SHALL GUARANTEE EQUAL ACCESS TO OPPORTUNITIES FOR PUBLIC SERVICE AND PROHIBIT POLITICAL DYNASTY 3. THE STATE SHALL TAKE MEASURE AGAINST GRAFT AND CORRUPTION, AND PROMOTE HONESTY AND INTEGRITY Service must be with utmost responsibility, integrity, loyalty and efficiency as well as lead modest lives. 4. ONE STATE ALLEGIANCE Act must be with patriotism and justice. CHARACTERISTICS OF PUBLIC OFFICE 1. Public Trust They must account to the sovereign people 2. No vested right It is not transmissible to the heirs upon death. There is no absolute right to hold such position 3. Public office is not a property. Although not treated as a property, public office is a protected right: a. a person cannot be removed from office without due process b. an exception is made in cases of quo warranto (2 persons claiming a right over the same position), since the position is deemed a right that is the subject of the litigation.

  • PUBLIC OFFICE CREATED: 1. BY CONSTITUTION 2. BY LAWS 3. BY AUTHORITY OF LAW ENTRY OR MEANS OF FILLING UP POSITIONS: 1. APPOINTMENT 2. ELECTION 3. BY CONTRACT 4. OTHER MODES AUTHORIZED BY LAW NOTES: 1. Legislative department is vested with the powers to create, abolish or merge offices. The functions of congress