admin law midterms reviewer

8/3/2019 Admin Law Midterms Reviewer

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CHAPTER I: INTRODUCTORY

Q. What is Administrative Law?

A. Administrative Law embraces all the lawthat controls or is intended to control the

administrative operations of government.Broad scope of Administrative Law coversboth internal and external administration.

1. Internal considers the legalaspects of public administration asa going concern.

2. External refers to the legalrelations between administrativeauthorities and private interests

Chief concern of

Administrative Law: protection ofprivate rights, the subject of whichis the nature and the mode ofexercise of administrative powerand the system of reliefs againstadministrative action.

Q. What are the Kinds of AdministrativeLaw?

A. Administrative Law is of four kinds:

a) Statutes setting up administrativeauthorities

b) Body of doctrines and decisionsdealing with the creation, operationand effect of determination andregulations of such administrativeauthorities

c) Rules, regulations, or orders ofsuch administrative authorities inpursuance of the purposes forwhich administrative authorities werecreated or endowed

d) Determinations, decisions, andorders of such administrativeauthorities in the settlement ofcontroversies arising in theirparticular fields.

Note: The 1987 Administrative Code DID NOTrepeal or modify the Revised AdministrativeCode and special legislations because whatthe 1987 Code repealed or modified are only

those laws, decrees, orders, rules andregulations, or portions thereof inconsistentwith this Code.

Q. What is the administrative frameworkof the Philippines?

A. Government of the Republic of thePhilippines corporate governmental entitythrough which the functions of governmentare exercised throughout the Philippines,including, the various arms through whichpolitical authority is made effective in thePhilippines; the apex of the administrativeframework of the Republic.

The Government includes agencies andinstrumentalities:

a. Agency refers to any of the various

units of Government including adepartment, bureau, office,instrumentality, or GOCC, or a LGU.

b. Instrumentality refers to anyagency of Government NOTINTEGRATED within the departmentframework, vested with specialfunctions or jurisdiction by law,endowed with some if not all corporatepowers, administering special funds,and enjoying operational autonomyusually through a charter

Agencies and instrumentalities are eitherincorporated or non-incorporated:

a. Incorporated are vested by law witha juridical personality distinct from thepersonality of the Republic; may bewith our without capital stock (e.g.NAPOCOR, NHA, PNOC)

b. Non-incorporated NOT vested witha juridical personality distinct from theRepublic, endowed by law with some ifnot all corporate powers (e.g. Sugar

Regulatory Administration)

Chartered Institution refers to anyagency of organized or operating under aspecific charter and vested by law withfunctions relating to specific constitutionalpolicies or objectives; includes SUCs and BSP.

Administration refers to the aggregate ofthose persons who perform the duties and

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exercise the powers in the administrative set-up of the government.

Q. What is a public office?

A. Public Office refers to the right, authority,

and duty, created and conferred by law, bywhich, for a given period either fixed by law orenduring at the pleasure of the appointingpower, an individual is invested with someporition of the sovereign functions of thegovernment, to be exercised by thatindividual for the benefit of the public. Publicoffice refers to two concepts: (1) as afunctional unit of government (e.g.department, bureau) or (2) as a position heldor occupied by individual persons whosefunctions are defined by law. A public office iscreated by: (1) the Constitution (2) by law

or (3) by an officer or tribunal to which thepower to create such office has beendelegated by the Legislature. The creationof public officers is primarily a legislativefunction.

Q. Who has the power to reorganize,create or abolish offices?

A. The legislature usually exercises the powerto create or abolish by delegating it to thePresident or to another executive officer orbody. The means by which the legislature

makes the delegation is by authorizingreorganization.

Q. What is Reorganization?

A. Reorganization is the process ofrestructuring the bureaucracys organizationalstructure to make it more viable in terms ofthe 3Es (economy, efficiency and effectivity)and make it more responsive to the needs ofits pubic clientele as authorized by law. Thelegislative power to reorganize and to abolishofficers applies to all offices except only thosecreated by the Constitution itself.

Q. Why do we have administrativeagencies?

A. Administrative agencies aregovernment bodies charged withadministering and implementing particularlegislations. Some Reasons why they areneeded:

1. To unclog court dockets2. To meet the growingcomplexities of modern society3. To help in the regulation of ramified activities of a developingcountry

4. To entrust agencies in specialfields the task with dealing with specialproblems

Basically, its for achieving the 3Es + R(responsiveness)

The most common types of administrativebodies may be classified as follows:

1. Agencies created to function insituations wherein the government isoffering some gratuity or specialprivileges (e.g. GSIS, SSS)

2. Agencies set up to function in

situations wherein the government isseeking to carry out certaingovernmental functions (e.g. BI,BIR, CSC, BSP)

3. Agencies set up to function insituations wherein the government isperforming some business service(e.g. MWSS, PNR, Bureau of Posts)

4. Agencies set up to function insituations wherein the government isseeking to regulate businessaffected with public interest (e.g.Office of Insurance Commission, PatentOffice)

5. Agencies set up to function insituations wherein the government isseeking to adjust individualcontroversies because of somestrong social policy involved (e.g.NLRC, Court of Agrarian Relations)

6. Agencies set up to function insituations where the government isseeking to conduct investigationsand gather evidence for information,recommendation or prosecution of

crimes. (e.g. CHR, NBI, ProsecutorsOffice)

CHAPTER II: POWERS OFADMINISTRATIVE AGENCIES

Q. What is the doctrine of separation ofpowers?



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A. As a rule, the doctrine of separation ofpowers prohibits the delegation of legislativepower, the vesting of judicial officers withnon-judicial functions, as well as investing ofnon-judicial officers with judicial powers.HOWEVER, the doctrine of separation of

powers is NOT an iron-clad restriction againstdelegation of powers. The principle hasbeen made to adapt to the growingcomplexity of modern life.

Administrative agencies fall morelogically under the executivedepartment. They are granted by thelegislature with administrative,executive, investigatory, legislative, or

judicial powers or a combination, asexceptions to the general rule againstdelegation of power.

Administrative agencies have powers

which are administrative andsometimes ministerial as well as quasi-legislative or quasi-judicial. They haveonly such powers as are expresslygranted by them by law and thosethat are necessary implied in theexercise thereof

The two most important powers arequasi-legislative (enables them topromulgate implanting rules andregulations) and quasi-judicial(enable them to interpret and applyregulations).

Q. Is the vesture of powers liberallyconstrued?

A. Yes. In determining whether anadministrative agency has certain powers, theinquiry should be from the law itself and theauthority given should be liberally construedin the light of the purposes for which it wascreated and that which is incidentallynecessary to full implantation of thelegislative intent should be upheld as beinggermane to the law

The powers of administrative agenciesare either:

1. Express or implied2. Discretionary andministerial3. Directory andmandatory

Q. What are the kinds of powers ofpublic officials?

A. Public officials possess powers, not rights.There must be a grant of authority, whetherexpress or implied, to justify any action

taken by them. There is no presumption thatpublic officials are empowered to act. Theremust be a delegation of authority, eitherexpress or implied. In the absence thereof,they are devoid of power.

Q. What do we mean by ministerial anddiscretionary powers?

A. A ministerial duty is one which is soCLEAR and SPECIFIC as to leave no room forthe exercise of discretion in its performance.It is one performed in a given state of facts, in

a prescribed manner, in obedience to themandate of legal authority, without regard tohis judgment, upon the act done.

A discretionary duty is that which by itsnature requires the EXERCISE OF JUDGMENT.It is one where the law imposes a duty upon apublic officer and gives him the right todecide how or when the duty shall beperformed.

Why is the distinction important?Remedies!

Ministerial duty mandamus tocompel performance

Discretionary duty a petition forcertiorari for grave abuse of discretion amounting to lack of

jurisdiction (GADLEJ).

Note: Discretion entrusted to a public officermay not, as a rule, be delegated. This isbecause the presumption is that the publicofficer was chosen because he was deemedfit and competent to exercise that judgmentand discretion and unless the power to

substitute another in his place is given, hecannot delegate his duties to another.

Q. What do we mean by mandataroy andpermissive duties and powers of publicofficials?

A. The law defines whether a function orpower vested in an official or administrative



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agency is mandatory or directory. Amandatory statute is a statute whichcommands either positively that somethingbe done or performed in a particular way ornegatively that something be not doneleaving the person no choice on that matter

except to obey.

A directory statute is a statute which ispermissive or discretionary in nature andmerely outlines the act to be done in such away that no injury can result from ignoring itor that its purpose can be accomplished in amanner other than that prescribed andsubstantially the same result obtained.

Q. Is the Government bound by errors ofpublic officers?

A. In essence, the government can do nowrong! The state authorizes only legal acts byits officers. Unauthorized acts of officials arenot acts of the state and action against theofficials by one whose rights have beenviolated by such acts is not a suit against thestate within the rule ofimmunity of suit.

Similarly, an action against a state officer onthe ground that while claiming to act for thestate, he violates the rights of the plaintiff isnot a suit against the State within theconstitutional provision that the state may not

be sued without its consent.

An officer sued in his private capacity for actsdone beyond the scope of his authoritycannot invoke the doctrine of state immunityfrom suit.

Q. What is the Presumption of regularity?

A. Government officials are presumed toperform their functions with regularity andstrong evidence is necessary to rebut thepresumption

CHAPTER III: POWER OF CONTROL,SUPERVISION AND INVESTIGATION

PRESIDENT AS CHIEF EXECUTIVE ANDADMINISTRATIVE OFFICER

Q. What is the Executive power of thePresident?

A. The President is the Chief AdministrativeOfficer of the Government. Administrativepower is an adjunct and is designed tocomplement the effective exercise ofexecutive power vested in the President. It is

inherent and can be implied from hisexecutive power.

Marcos v. Manglapus: Although the1987 Constituion imposes limitationson the exercise of specific powers ofthe President, it maintains intact, whatis traditionally considered within thescope of executive power. The powersof the President cannot be said to belimited only to the specific powersenumerated in the Constitution.

Q. What is the Presidents power of

control?

A. Section 17, Article 7, 1987Constitution: The President shall havecontrol of all the executive departments,bureaus and offices. He shall ensure that thelaws be faithfully executed.The power tocontrol means the power to alter, modify ornullify or set aside what a subordinate officerhad done in the performance of his duties andto substitute his judgment with that of thelatter.The power to control implies the rightof the President to interfere in the exercise of

such discretion as may be vested by law inthe officers of executive departments,bureaus or offices.

Q. What is the Doctrine of qualifiedpolitical agency?A. Under the doctrine ofqualified politicalagency, all executive and administrativeorganizations are adjuncts of the ExecutiveDepartment, the heads of the variousexecutive departments are assistants andagents of the Chief Executive except in cases,where the Chief Executive is required by the

Constitution or law to act in person or theexigencies of the situation demand that heact personally. The acts of a departmentSecretary are unless disapproved orreprobate by the President are presumed tobe acts of the President.

Q. What are the limitations on thePresidents control power?



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A. Generally, the power of control does notinclude:

1. The abolition orcreation of an executive office2. The suspensionor removal of career executive officials

or employees without due process ofthe law3. Setting aside,modification, or supplant decisions ofquasi-judicial agencies on contestedcases that have become final pursuantto law or to rules and regulationspromulgated to implement the law

Q. What is the power of supervision?

A. The Presidents power of control over allthe executive departments, bureaus, and

offices implies that hey may not have thepower of control over agencies which are notcategorized as such. In regard to LGUs, theConstitution provides that the President shallexercise general supervision over all localgovernments. The Constitution limits thepower to ensure that local officers areadministered according to law. The generalsupervision is exercised by the Presidentthough the DILG secretary

Control, supervision, and review by otherexecutive officials

CONTROL SUPERVISION

REVIEW

Power toalter, modify,annul, or setaside what asubordinatehad done andto substitutehis judgment

Only to see toit thatsubordinateperforms hisdutiesaccording tolaw

Reconsideration or re-examinationto correctacts of subordinate

Under the 1987 Administrative Code,

supervision and control include only theauthority toa) Act directly whenever a specific

function is entrusted by law orregulation to a subordinate

b) Direct the performance of duty;restrain the commission of acts

c) Review, approve, reverse, or modifyacts and decisions of subordinateofficials

d) Determine priorities in the execution ofplans and programs

e) Prescribe standards, guideliens, plansand programs

Also, administrative supervision is limited to

the authority of the department to:1) Generally oversee the operations of

such agencies and insure that they aremanaged with 3Es

2) Require submission of reports3) Take such actions as may be

necessary for the proper performanceof official functions

4) Review and pass upon budgetproposals but may not increase or addto them.

Note: The department secretarys supervision

and control over all bureaus and officersunder his jurisdiction is limited to the bureausand officers under him, but does not includeattached agencies. Attachment refers to thelateral relationship between the departmentor its equivalent and that the attached agencyor corporation for purposes of policy andprogram coordination. (e.g. NSO, NSCB, PIDSas attached agencies of NEDA; PNP, BFP, BJMPas attached agencies of DILG)

POWER OF INVESTIGATION

Q. What is the Executive power ofinvestigation?

A. The President has the power to order theconduct of investigation for a number ofpurposes, such as for all administrativefunctions, rule-making, adjudication, and forpurposes no more specific than illuminatingobscure areas to find out what if any thingshould be done

Evangelista vs. Jarencio: Anadministrative agency may beauthorized to make investigations, not

only in proceedings of a legislative orjudicial nature, but also in proceedingswhose sole purpose is to obtaininformation upon which future actionof a legislative or judicial nature maybe taken and may require theattendance of witnesses inproceedings of a purely investigatorynature.



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The Presidents investigatory poweremanates from his power of supervision and control over allexecutive departments, bureaus andofficers, his power of supervision overLGUs, and his power of appointment of

president appointees which areconferred by the Constitution.

The power also comes from powersdelegated to him by the legislature.

Section 64(c), RevisedAdministrative Code: to order,when in his opinion the good of thepublic service so requires, aninvestigation of any action orconduct of any person in theGovernment service and inconnection therewith to designate

the official committee or person bywhom such investigation shall beconducted.

Investigatory power as main function

An investigatory body with the solepower of investigation does notexercise judicial functions and itspower is limited to investigatingthe facts and making findings inrespect thereto. (e.g. CHR, NBI)

Q. How to determine whether body is

exercising judicial functions or merelyinvestigatory functions?

A. Adjudication signifies the power andauthority to adjudicate upon the rights andobligations of the parties before it.

If the only purpose is to evaluateevidence submitted before it and theagency is not authorized to make afinal pronouncement, then it is merelyinvestigatory.

Carino vs. CHR: The most that may be

conceded to the Commission in the way ofadjudicative power is that it may investigate.But fact-finding is not adjudication and cannotbe likened to the judicial function of a court of

justice, or even a quasi-judicial agency orofficial. The function of receiving evidenceand ascertaining therefrom the facts of acontroversy is not a judicial function, properlyspeaking.

Investigatory powers of theOmbudsman?

The Office of the Ombudsmansauthority to investigate any illegal actor omission of any public officer oremployee is broad enough to include

the investigation of any crimecommitted by a public official.

The Constitution and the OmbudsmanAct did not intend to confer upon theOmbudsman veto or revisory powerover an exercise of judgment ordiscretion by an agency or office uponwhom the judgment or discretion islawfully vested.

CHAPTER IV: QUASI-LEGISLATIVE POWER

Q. Who has the legislative power?

A. Legislative power is the power to make,alter and repeal laws. Section 1, Article 6,1987 Constitution: the legislative powershall be vested in the Congress of thePhilippines which shall consist of a Senate anda House, except to the extent reserved to thepeople by the provision on initiative andreferendum.

Q. What is the doctrine of separation ofpowers?

A. The doctrine of separation of powersprohibits the delegation of PURELYLEGISLATIVE power. These exclusivelylegislative powers consist generally of whatthe law shall be, to whom it may be applied orwhat acts are necessary to effectuate the lawis vested in the legislature and may not bedelegated.

This means that the doctrine of separation of

powers does not absolutely prohibitdelegation of legislative power. TheConstitution, in fact, makes the delegation oflegislative power to the President, SupremeCourt, and the LGUs

Q. How is legislative power delegated tothe President?



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A. Sections 23(2), Article 6, 1987Constitution: In times of war or othernational emergency, the Congress may, bylaw, authorize the president, for a limitedperiod and subject to such restrictions as itmay prescribe, to exercise powers necessary

and proper to carry out a declared nationalpolicy. Unless sooner withdrawn by resolutionof the Congress, such powers shall ceaseupon the next adjournment thereof.

Section 28(2), Article 6, 1987Constitution: The Congress may, by law,authorize the President to fix within specifiedlimits, and subject to such limitations andrestrictions as it may impose, tariff rates,import and export quotas, tonnage andwharfage dues and other duties or impostswithin the framework of the national

development program of the Government.

1987 Administrative Code also delegatesto the President certain ordinance powers inthe form of presidential issuances

Q. What are Presidential issuances?

A. Presidential issuances are those whichthe President issues in the exercise of hisordinance power which includes: executiveorders, administrative orders, proclamations,memorandum orders, memorandum circulars,

and general or special orders. Important: Asa general rule, these issuances have the forceand effect of laws.

ExecutiveOrders

Acts of the Presidentproviding for rules of ageneral or permanentcharacter in implementationor execution of constitutional or statutorypowers.

Administrative Orders

Acts of the President whichrelate to particular aspects

of governmental operationsProclamations

Acts of the President fixinga date or declaring a statuteor condition of publicmoment or interest, uponthe existence of which theoperation of a specific lawor regulation is made todepend

Memorandum Acts of the President on

orders matters of administrativedetail or of subordinate ortempory interest which onlyconcern a particular officeror office of the Government

Memorandum

circulars

Acts of the President on

matters relating to internaladministration which thePresident desires to bring tothe attention of alldepartments for compliance

General orspecificorders

Acts and commands of thePresident in his capacity asCommander-in-Chief of theAFP.

Q. What is the power of the SupremeCourt?

A. Sec 5(5), Article 8, Constitution:promulgate rules concerning the protectionand enforcement of constitutional rights,pleadings, practice and procedure in allcourts, the admission to the practice of law,the Integrated Bar, and legal assistance to theunderprivileged Complemented bySection 30, Article 6, 1987 Constitution:No law shall be passed increasing theappellate jurisdiction of the Supreme Court asprovided in this Constitution without its adviceand concurrence.

Q. Can there be a delegation oflegislative power to the localgovernments?

A. Section 5, Article 10, 1987Constitution: the power to create its ownsources of revenues and to levy taxes, feesand charges subject to such guidelines andlimitations as the Congress may provide,consistent with the basic policy of localautonomy

Section 48, LGC: Local legislative power

shall be exercised by the sangguniangpanlalawigan for the province; thesangguniang panlungsod for the city; thesangguniang bayan for the municipality andthe sangguniang barangay for the barangay.

Q. What do we mean by Rule-makingpower?



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A. The term rule means any administrativeagency statement of general applicability thatimplements or interprets a law, fixed anddescribes the procedures in, or practicerequirements of, an agency, not affecting therights of, or procedure available to the public.

Rule-making means an agencyprocess for the formulation,amendment, or repeal of a rule.

Rule-making of administrativeagencies refers to the power to issuerules and regulations which result fromdelegated legislation in theadministrative level.

Important: Rules and regulationspromulgated in pursuance of theauthority conferred upon theadministrative agency by law, partake

of the nature of a stature. They havethe FORCE and EFFECT OF LAW.

Distinguished from quasi-judicial power

Rule-making or quasi-legislativepower operates in the FUTURE, ratherthan on past transactions andcircumstances and GENERALLY, ratherthan particularly. They are of GENERALAPPLICABILITY.

Quasi-judicial power oradjudication means DETERMINATIONOF RIGHTS, PRIVILEGES AND DUTIES

by an administrative agency resultingin a decision or order which applies toSPECIFIC SITUATIONS or to SPECIFICPERSONS. They are based on PRESENTor PAST FACTS.

Smart Communications vs. NTC: Quasi-legislative or rule-making power is thepower to make rules and regulations whichresults in delegated legislation that is withinthe confines of the granting statute and thedoctrine of non-delegability and separabilityof powers. Quasi-judicial or administrative

adjudicatory power is the power to hearand determine questions of fact to which thelegislative policy is to apply and to decide inaccordance with the standards laid down bythe law itself in enforcing and administeringthe same law.

Q. What is the right to notice andhearing?

A. Central Bank of the Philippines vs.Cloribel: As a general rule, notice andhearing are not essential to the validity ofadministrative action where theadministrative body acts in the exercise ofexecutive, administrative, or legislative

functions; but where a public administrativebody acts in a judicial or quasi-judicial matter,and its acts are particular and immediaterather than general and prospective, theperson whose rights or property may beaffected by the action is entitled to notice andhearing.

Q. What are the Kinds of rule-makingpower?

A.There are 3 types of rule-making powers ofadministrative agencies:

(1) Rule-making by reason of particular delegation of authority power to issue rules and regulationswhich have the force and effect of law

(2) Rule-making by the constructionand interpretation of a statutebeing administered power ofadministrative agencies to interpretand construe the statutes entrusted tothem for implementation. Theinterpretation here is of three kinds:

a. Interpretation as incident of theexecution of law

b. Interpretation handed down bythe Secretary of Justice uponrequest of a governmentagency or official

c. Interpretation in adversaryproceedings

(3) Determination of facts under adelegated power as to which astatute shall go into effect refersto the ascertainment of facts which willform the basis for the enforcement of astatute.

Q. How is legislative power delegated?

A. Delegation of Legislative power refers to the grant of authority by thelegislative to administrative agencies to issuerule and regulations concerning how the lawentrstued to them for implementation may beenforced. This delegated authority to issuerules and regulations to carry out the



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provisions of the statute is called the powerof subordinate legislation.

Q. What are the reasons for delegation?

A. Reasons for delegation: increasing

complexity of the task of government and thegrowing inability of the legislature to copedirectly with the myriad problems demandingits attention.

Q. What cannot be delegated?

A. To reiterate: The doctrine of separation ofpowers prohibits the delegation of that whichis PURELY LEGISLATIVE (the power to makethe law, to determine the purpose and itslimits and to alter or repeal it).

Q. What can be delegated?

A. Anything not purely legislative. It candelegate how the law shall be enforced, toissue rules to fill in details, to ascertain factson which the law will operate, to exercisepolice power, and to fix rates. To be validhowever, the delegation has to pass thecompleteness test and the sufficientstandard test:

(a) Completeness test the law must becomplete in all its terms and conditions

when it leaves the legislative such thatwhen it reaches the delegate the onlything he will have to do is to enforce it.

(b) Sufficient Standard Test theremust be adequate guidelines orlimitations in the law to map out theboundaries of the delegates authorityand prevent the delegation fromrunning riot.

The standard may be express(can be found in the statute) orimplied (may inhere in itssubject matter or purpose).

The standard must bereasonably adequate, sufficientand definite of the guidance of theadministrative agency in theexercise of the power and alsosufficient to enable those affectedto know their rights and obligations

Examples of standards heldas adequate: Simplicity and

dignity, public interest, publicwelfare, law and order, justice andequity, public safety, greaternational interest, protection of localconsumers by stabilizing domesticpump rates, promoting simplicity,

economy and efficiency ingovernment and fair and equitableemployment practices.

Whether a standard is sufficientor adequate depends upon thenature of the statute involved, theissues raised and the factsobtaining.

Q. Can the standard fixed be enlarged orrestricted?

A. No. Where the law sets the standards by

which the delegate may exercise the dlegatedpower, the executive or administrativeagency concerned cannot add thereto and

justify the exercise of the delegated power onthe basis of all such enlarged standards.

Tatad vs. Sec. of DOE: Two factorsshall only be considered by the DOE inderegulating the downstream oilindustry: (1) declining oil prices and (2)stable exchange rate. DOE failed tofollow the standards set by law when itconsidered the extraneous fact ofdepletion of the OPSF fund.

Q. When is a standard insufficient?

A. A statute which prescribes no orinadequate standards for the exercise of adelegated legislative power and the rulesissued by an administrative agency toimplement the law are NULL AND VOID.

Ynot vs. IAC: The EO (which prohibitstransport of carabos from one provinceto another) provides that the seizedcarabao shall be distributed tocharitable institutionsas the Chairman

of the National Meat InspectionCommission may see fitin the case ofcarabeef and to farmers as theDirector of Animal Industry may see fitin the case of carabaos. The phrasemay see fit is an insufficientstandard.

Q. When do rules take effect?



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A. Section 2 of the Civil Code, asamended by Section 18, Book I of the1987 Administrative Code, provides that:Laws shall take effect after 15 days followingthe completion of their publication in the OG

or in a newspaper of general circulation,unless it is otherwise provided (otherwiseprovided means a shorter or longer periodmay be fixed by law from publication)

Apart from publication, it is also requiredthat the rules and regulations be filedwith the UP Law Center (Chapter 2, BookVII, 1987 Administrative Code)

Q. What do we mean by Delegation toascertain facts?

A. This refers to the power of theadministrative agency to determine some factor state of things upon which the law makesor intends to make, its own action depend orthe law may provide that it shall becomeoperative only upon the contingency of somecertain fact or event, the ascertainment ofwhich is left to an administrative agency.

Congress may delegate to anadministrative agency the power toascertain facts as basis to determinewhen a law may take into effect ofwhether a law may be suspended or

come to an end, in accordance withthe purpose or policy of the law andthe standard for the exercise of thepower delegated. This is notdelegation of what the law shall be,BUT how the law will be enforced,which is permissible.

Example of valid delegation toascertain facts: Tatad vs. Sec. ofDOE (may deregulate provided thereis a state of declining oil prices andstable exchange rate)

Example of invalid delegation:

People vs. Vera (on probation law,the law left to the provincial boardwhen the law would take effect andnot the ascertainment of facts whichthe enforcement of the law woulddepend upon)

Q. What is the rule on prohibitionagainst re-delegation? Are thereexceptions?

A. The general rule is that what has beendelegated cannot be delegated (Reason: trust

reposed in the delegate). Exception: He maysubdelegate a particular function and seekthe aid of subordinates

Exception to the Exception: Expressprovisions of the law or by implicationsubdelegation is withheld.

Q. How is rate-fixing power delegated?

A. The legislature usually delegates its rate-fixing power to administrative agencies forthe latter to fix the rates which public utility

companies may charge the public. Thisfunction is performed either by (1) issuingrules and regulations in the exercise of theirquasi-legislative power or (2) issuing ordersaffecting a specified person in the exercise ofits quasi-judicial power.

The only standard for the guidance ofthe administrative authority in theexercise of rate-fixing power is that therate be reasonable andjust.

Q. When is rate-fixing quasi-legislativeand when is it quasi-judicial?

Quasi-legislative Quasi-judicialWhen the rules and orrates laid down by anadministrativeagency are meant toapply to ALLenterprises of a givenkind throughout thecountry

When the rules andthe rates imposedapply exclusively to aPARTICULAR partybased upon a findingof fact

Notice and hearingare not required

Notice and hearingare required

Q. What is the rule on the delegation ofthe power to fix rates?

A. The general rule is that the powerdelegated to an administrative agency to fixrates cannot be delegated to another.Exception: if the law authorizes it

Q. What is Contemporary Construction?



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A. There is a DISTINCTION between anadministrative rule or regulation and anadministrative interpretation of a law whoseenforcement is entrusted to an administrativebody.

AdministrativeRule/Regulation

AdministrativeInterpretation

In the exercise of itsrule-making power

Merely interprets thelaw

Has the force andeffect of a valid law

Persuasive only;advisory

Binding on courts Not binding on courts

Contemporaneous Construction is theconstruction placed upon the statute by anexecutive or administrative officer called uponto execute or administer such statute.

Q. What are the three types of executiveinterpretation of the law?

1. Construction by an executive oradministrative officer directly called toimplement the law

2. Construction by the Secretary of Justice in his capacity as chief legaladviser of the government

3. Construction handed down in anadversary proceeding in the form of aruling by an executive officer

exercising quasi-judicial power.

Q. What is the Form of Interpretation?

A. May take many forms (e.g. circulars, rules,opinions, directives). Comprehended underthe term administrative practice. Thisincludes any formal or informal act of theadministrative agency by which it construes,interprets or applies the law.

Q. Is publication is required?

A. No

Q. What is the weight accorded tocontemporaneous construction?

A. In the absence of a previous judicialinterpretation of a statute by the SC, courtswill accord weight to construction byadministrative or executive departments of

government. The rule is that they are entitledto consideration and the highest respect fromthe courts especially when such interpretationis long continued and uniform or iscontemporaneous with the workings of thestatute.

Q. What is the reason?

A. Reason: because it comes from theparticular branch of government called uponto implement the law; the need for certaintyand predictability in law; their competence,expertness, experience and informed

judgment.

Q. Can the legislature may, by action orinaction, approve or ratify suchcontemporaneous construction?

A. Yes. The legislature may, by action orinaction, approve or ratify suchcontemporaneous construction.

Action: when it reenacts a statutepreviously given acontemporaneous construction;appropriation of money for theofficer designated to perform atask pursuant to an interpretationof the statute.

Inaction: where the legislature hasknowledge of the construction and

did not repudiate it, its silence isacquiescence equivalent toconsent to continue the practice.

Q. When is contemporaneousconstruction disregarded?A. The contemporaneous construction of astatute is neither binding nor controlling uponthe court, the duty and power to interpret thelaw being primarily a judicial function. Thecourt may disregard contemporaneousconstruction where (1) there is no ambiguityin the law, (2) where the construction is

clearly erroneous, (3) where strong reason thecontrary exists and (4) where the court haspreviously given the statute a differentinterpretation.

Q. Do erroneous construction createsrights?



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A. The general rule is that an erroneousconstruction creates no vested right on thepart of those who relied upon, and followedsuch construction

Exception: in the interest of justice and fair

play (e.g. tax cases where an interpretativecircular is rendered and a taxpayer faithfullycomplies. The taxpayer may not be requiredto pay additional tax during the period saidcircular had not been rescinded by asubsequent circular correcting erroneousinterpretation)

CHAPTER V: QUASI-JUDICIAL POWER

Q. What is a quasi-judicial power?

A. Quasi-judicial term applied to the

actions or discretions of public administrativeofficers or bodies required to investigatefacts, or ascertain the existence of facts, holdhearings, and draw conclusions from themas a basis for their official action, and toexercise discretion of a judicial nature. Thisdefinition includes an official exercisingquasi- judicial function shot of that of a judge(e.g. public prosecutor)

Q. How do you determine whether act isjudicial or quasi-judicial?

A. Look at the nature of the act to beperformed rather than of the office, board, orbody which performs it. It is not essential thatproceedings are judicial in the senses of theword when applied to courts of justice. It isenough that the officers act judicially inmaking their decisions.

Q. Before a tribunal, board or officermay exercise judicial or quasi-judicialacts, what are necessary?

A. It is necessary that (1) there be a law

that gives rise to some specific rights ofpersons or property under which adverseclaims to such rights are made, and (2) thecontroversy ensuing therefrom is broughtbefore the tribunal, board or officerclothed with power and authority todetermine what the law is and thereuponadjudicate the respective rights of contendingparties.

Q. What is a Quasi-judicial adjudication?

A. The resolution of controversies is theraison detre of courts. This is accomplishedby:

1. Ascertainment of all the material andrelevant facts from thepleadings and from the evidence adducedby the parties2. By the application of the thereto tothe end that the controversy may besettled authoritatively, definitely and finally

The function requires:1. Previously established rules andprinciples2. Concrete facts, whether

past or present, affecting

determinate individuals3. Decision as to whether these

facts are governed by the rules andprinciples.

Q. What is adjudication?

A. Adjudication means an agency processfor formulation of a final order, whichpresupposes compliance with suchrequirements before such final order isissued.

Q. How do you distinguish adjudicationfrom administrative and quasi-legislative functions?

A. Distinguished from administrativefunction

Administrative body tasked toascertain facts, determine whether certainconclusions may be drawn therefrom byapplying the law on the subject (e.g.determination of probable cause)

An administrative body is notnecessarily a quasi-judicial tribunalbecause it lacks the second part of whatcomposes a quasi-judicial function: theapplication of the law to the end that thecontroversy may be settled which after thelapse of time, becomes executor andmaking the principle of res judicataapplicable



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Distinguished fromquasi-legislativefunctions

Quasi- udicial Quasi-Le islativeDetermination of

rights, privilegesand duties resultingin a decision or order

covers rules and

regulations ofgeneral applicabilityissued by the

Notice and hearin Notice and hearin notRemedy: file withthe Court of

filed with the RTC:Ordinary

Q. What are the reasons for creation ofquasi-judicial agencies?

A. Created due to the need for activeintervention of administrative agencies in

matters calling for technical knowledge andspeed in countless controversies whichcannot possibly be handled by regular courts.

To unclog the dockets of the court toto enable it to decide more cases fallingwithin its jurisdiction

Q. What is Arbitration?

A. Arbitration is the reference of adispute to an impartial third person fordetermination on the basis of evidence andarguments presented by the parties who

have bound themselves to accept thedecision.a) Voluntary referral of a

dispute by the partiespursuant to a voluntaryarbitration clause or agreementto an impartial third person orpanel for a final resolution.

b) Involuntary compelled by thegovernment to accept theresolution of the disputethrough the arbitration of a thirdparty

Example: In labor cases, voluntaryarbitrators have original jurisdiction overthe interpretation or implementation of thecollective bargaining agreement and theinterpretation or enforcement of companypolicies, as well as, upon agreement of theparties, over other labor disputes; Makesthe award or decision which becomes finalafter a certain period from receipt of the

copy of the award or decision by theparties.

JURISDICTION

Q. What is the definition of jurisdiction?

A.Derived from two Latin words jurisand dico I speak by the law

Power or capacity conferred by theConstitution or by law to a court or tribunal toentertain, hear and determine certaincontroversies, and render judgment thereon

Determined by the statute inforce at the time ofcommencement ofthe action

Jurisdiction over subject matter

nature of the cause of action and of the reliefsought

Jurisdiction over the person ofpetitioner / plaintiff acquired by filingthe initiatory pleading and paying therequired docket / filing fees

Jurisdiction over the person ofrespondent / defendant

acquired by the service of summonsor by his voluntary submission to theauthority of the court or tribunal

Q. Rules are subject to whose regulation?

A. Supreme Court. All procedural rules,whether issued by quasi-judicial agenciesor embodied in statutes enacted byCongress, are subject to alteration ormodification by the Supreme Court in theexercise of its constitutional rule-makingpower.

Q. What is a requirement to assumejurisdiction over a case?A. A justiciable controversy

Would require an assertion of a

right of a proper party against who, inturn, contests it. It is one substituted byand against parties having interest in thesubject matter appropriate for judicialdetermination predicated on a given stateof facts. That controversy must be raised by

the party entitled to maintain theaction.



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Q. How are proceedings instituted?A.

The proceedings are instituted bythe FILING OF A COMPLAINT OR PETITIONwhich alleges the facts and the reliefs

sought. Where applicable, the complaint mustbe verified with the use of an affidavitattesting to the contents therein are true andcorrect to his knowledge and belief.

Since the rule against forum-shopping applies to quasi- judicial agencies,the complaint should also contain acertification under oath that complainant:

a) has not filed any claim involvingthe same issues in any othercourt

b) if filed elsewhere, the presentstatus thereofc) if he thereafter learns that the

same action has beenfiled/pending, shall report suchfact within 5 days.

Q. What is forum shopping?

A. Forum Shopping is the improper practiceof:

a) Going from one court toanother in the hope of securing favorable relief in onecourt which another court hasdenied

b) The filing of repetitious suitsin different courts concerningsubstantially the same subjectmatter.

Q. How to test whether a party hasviolated the rule against forumshopping?

A. There is forum shopping when:

Same cause of action

Same issues

Same parties

Same subject matter

Filed in two different fora/courts

Q. What are the rules on subpoena andcontempt of court?A.

GR: When authority isconferred by law upon anadministrative officer or any non-

judicial person, committee or otherbody to take testimony or evidence,such authority INCLUDES the power

to issue subpoena and subpoenaduces tecum and to punish forcontempt violation thereof

Subpoena is a process directed to aperson requiring him to attend andtestify at the hearing or trial of theaction or at any investigation.

Subpoena duces tecum is anorder to produce specified

documents, which are relevant andmaterial to the issue.

The subpoena meets the requirementsfor enforcement IF:

o The inquiry is within theauthority of the agency

o The demand is not

too definite

o Information is

reasonably relevant

Subpoena, subpoena duces tecum

and contempt are only

available for exercise by theadministrative agency in its exerciseof quasi-judicial power and not itsadministrative or ministerialfunctions.

Q. What is the hierarchy of evidencevaluesA.

1. Proof beyond reasonabledoubt (criminal cases) thelogical result of evidence onrecord, exclusive of any otherconsideration, or moral certaintyor that degree of proof whichproduces conviction in anunprejudiced mind

2. Clear and convincing

degree of proof which willproduce in mind of trier of facts afirm belief or conviction as to theallegations sought to beestablished

3. Preponderance of evidence (civil cases) evidence which is ofgreater weight or more



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convincing than that which isoffered in opposition to

4. Substantial evidence (administrative proceeding)evidence as a reasonable mindmight accept as adequate to

support a conclusion. Less thanpreponderance.

SUBSTANTIAL EVIDENCE is required tosupport a decision in a contested case in anadministrative proceeding.

Q. What are rules on delegation?

A. Delegation of quasi-judicial power

GR: The power conferred upon anadministrative agency to issue rules and

regulations necessary to carry out itsfunctions has been held to be an adequatesource of authority to delegate a particularfunction

Exception: unless by express provision ofthe law or by implication it has beenwithheld.

DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS

Q. What are two concepts of

Due process in Quasi-judicial proceedings?

A. Generally, due process consists of twoconcepts:

a) Substantive is responsivenessto the supremacy of reason,obedience to the dictates of

justice or otherwise put, freedomfrom arbitrariness, which requiresthat the law itself is fair,reasonable and just.

b) Procedural involves notice and

hearing, which refers to themethod or manner by which thelaw is enforced, as well as theguarantee of being heard by animpartial and competent tribunal.

Q. What are the Cardinal primaryrequirements of due process?A.

1. Right to a hearing which includes theright to present ones

case and submit evidencein support thereof

2. The tribunal must consider theevidence presented

3. The decision must have something tosupport itself4. The evidence must be substantial5. The decision must be based on theevidence presented6. The tribunal or body of any of

its judges must be independent7. The body should in all controversialquestions, render its

decision in such manner that theparties to the proceeding can knowthe various issues involved, and thereason for the decision rendered.

8. The officer or tribunal who areimpartial and with competentjurisdiction

Q. When are Prior notice and hearingrequired?

A. GR: Prior notice and hearing arenecessary only where the law requires.

When is prior notice and hearing notrequired: In the exercise of police powerUNLESS the applicable law provides (ex.

Abatement of a public nuisance, no need forproceeding or prior notice or hearing)ALSO in cases:

o When there is an urgent need forimmediate action

(e.g. preventive suspension)

o Where there is tentativeness ofadministrative action whererespondent is not precluded fromenjoying the right to notice andhearing at a later time (e.g. levyof property of a delinquent taxpayer)

o When the twin rights havepreviously been offered but theright to exercise them had notbeen claimed.

Notice is a minimum requirement insummary dismissal (e.g. summarydismissal proceedings against erring policeofficers)



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Q. When is an instance where there is nodenial of due process?

A. A party who has been notified of thehearing BUT failed to attend the same orrefrained from participating in the agency

proceedings cannot complain that he hasbeen denied due process.

Q. Where shoulddecision be based?

A. Substantial evidence - Anothercardinal requirement of dueprocess in administrative adjudication isthat the decision must be rendered on theevidence presented at the hearing or atleast contained in the record and disclosedto the parties affected. Absent such

substantial evidence, the decision is VOID.

Q. Is right to counsel a dueprocess requirement

A. No

Lumiqued v. Exevea: While investigationsconducted by an administrative body may attimes be akin to a criminal proceeding, thefact remains that under existing laws, aparty in an administrative inquiry may ormay not be assisted by counsel, irrespectiveof the nature of the charges and of the

respondents capacity to represent himselfand no duty rests on such a body to furnishthe person being investigated with a counsel.

DECISION, APPEAL ANDJUDICIAL REVIEW

Q. What is the Period to renderdecision?A.

Section 14, Book 7, 1987Administrative Code: agency shall decide

each case within 30 days following itssubmission.

A case is deemed submitted fordecision after both parties shall haveconcluded presentation of their evidence orupon the filing of their respectivememoranda, if required or if they ask and thesame is granted.

The time provision of 30 days isconstrued as DIRECTORY, not mandatory, sothat the failure to decide the case within

30 days does not deprive it of jurisdiction to thereafter resolve itnor render such decision invalid

Reason: less injury results to thegeneral public in disregarding thanenforcing the letter of the law and to ruleotherwise will be to make quasi-judicialagencies refuse to render judgment merelyon the ground of having failed to reachdecision within the prescribed period. Butfailure to decide case within said period mayrender quasi-judicial officer administrativelyliable.

Q. Should decision be published?

A. Every agency shall publish and makeavailable for public inspection all decisionsor final orders in the adjudication ofcontested cases.

Q. Are final decisions reviewable?

A. No. A final resolution or decision of anadministrative agency binds the parties andalso the Office of the President (OP) even ifsuch agency is under its administrativesupervision and control.

What had already been terminatedshould not be disturbed. Section 7, Administrative Order18: Decisions, resolutions,

orders of the OP shall, except asotherwise provided for by speciallaws, become final after the lapse of15 days from receipt of a copythereof by the parties unless amotion for reconsideration thereof isfiled within such period.

When the decision of the OP hasbecome final and executor pursuant

to its rule of procedure, it can nolonger change or modify its decision.

Q. What is Administrative Review?A. Review is a reconsideration or

re-examination of a decision orruling of a subordinate officer by



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a superior officer or higheradministrative agency.

The power of review is exercisedto determine whether it isnecessary to correct the acts of asubordinate and to see to it that

he performs his duties inaccordance with law.

This power must be exercisedsparingly and only upon clearshowing of error:

o GR: Evidence not formallysubmitted during the hearingof an administrative agencymay not be submitted for thefirst time, on appeal, and thereviewing administrative bodymay not consider it.

o Exeception: When an issue

is not raised before the loweradministrative agency andevidence on connection wasnot presented BUT which issuewas resolved by the latter inits decision.

Q. What is the presumption of legalityfor agencies?A. The legal presumption that official

duty has been duly performed isstrong as regards acts of quasi-

judicial agencies in connection withthe enforcement of laws affectingparticular fields of activity, properregulation of which requires specialtraining, aside from good knowledgeand grasp of conditions relevant tosaid field.

Q. Does res judicata apply in non-courtproceedings?

A. Yes. The doctrine of res judicata appliesto judicial or quasi - judicial proceedings(not to the exercise of administrative

powers). The doctrine applies to decisions ororders of administrative agencies that havebecome final. Such decisions or orders areCONCLUSIVE upon the rights of the affectedparties as thought the same had beenrendered by a court of general jurisdiction.

Q. When is res judicata disregarded

A.

1. When there are superveningevents which make it imperativein the higher interest of justice tomodify said judgment especially ifno private individual will beprejudiced by overturning the final

judgment.2. Where res judicata has been waived

or has not been timely raised as adefense

3. Where the application of theprinciple under the particular factsobtaining would amount to a denialof justice

Q. Do agencies have power to issuewrit of execution to enforce judgment?A. Yes. GSIS vs. CSC: The authority todecide cases is inutile unless accompanied

by the authority to see that what has beendecided is carried out. Hence, the grant to atribunal or agency of adjudicatory power orthe authority to hear and adjudge casesshould normally and logically be deemed toinclude the grant of authority to enforce orexecute the judgments it thus renders,unless the law otherwise provides.

In short, unless the law otherwiseprovides, the agency promulgating thedecision has the implied power to issue a writof execution to enforce its decision.

Q. What is the Nature and Scope of thedoctrine of primary jurisdiction?A. It requires that a plaintiff should

first seek relief in anadministrative proceeding beforehe seeks a remedy in court, eventhough the matter is properlypresented in the court, which iswithin its jurisdiction.

The court cannot or will notdetermine a controversy involving a

question within the jurisdiction of anadministrative tribunal:1. where the question

demands administrativedetermination requiringspecial knowledge,experience, and services ofthe administrative tribunal



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2. where the question requiresdetermination of technicaland intricate issues of fact and

3. where uniformity of ruling isessential to comply with thepurposes of the regulatory

statute administered. In cases where doctrine of primary

jurisdiction is clearly applicable, thecourt cannot arrogate unto itself theauthority to resolve a controversy,the jurisdiction over which its initiallylodged with an administrative bodyof special competence.

Q. How do you distinguish it fromexhaustion ofadministrative remedies?

A. The exhaustion of administrative

remedies applies where a claim iscognizable in the first instance by theadministrative agency alone, judicialinterference being withheld until theadministrative process has run its courseand the agency action is ripe for reviewwhile doctrine of primary jurisdictionapplies where a claim is originallycognizable in courts, the judicial processbeing suspended being referral of certainissues to the administrative agency fir itsviews.

As in the doctrine of exhaustion ofadministrative remedies, non-compliancewith the doctrine of primary jurisdiction isnot jurisdictional, and the failure to timelyobject thereto amounts to a waiver thereofand justifies the court to proceed toconclusion.

Q. What is the purpose of doctrine ofprimary Jurisdiction?A.

To give the administrative agency theopportunity to decide the controversy by

itself but also to prevent unnecessary andpremature resort to the court.

One of the thrusts of themultiplication of administrative agencies isthat the interpretation of contracts and thedetermination of private rights thereunder isno longer a uniquely judicial functionexercisable only by regular courts.

It in turn entails the growingapplication of the doctrine of primary

jurisdiction.

The application of the doctrine ofprimary jurisdiction, however, does not callfor the dismissal of the case, it need only besuspended until after the matters within thecompetence of the administrative agencyconcerned are threshed out and determined.

Q. When does doctrine not apply?

A.When the administrative agency hasno jurisdiction, the doctrine does notapply. (e.g. The question of legality ofclosure of a passage way inside a forest areaand the consequent damages arising fromsuch closure are issues beyond thecompetence of the Bureau of Forest

Development to resolve and the order of thetrial court requiring reference of the issues tosaid administrative agency is valid.

Q. What is the Doctrine of Exhaustion ofAdministrative Remedies?

A. As a general rule, recourse throughcourt action cannot prosper until allremedies have been exhausted of theadministrative level. The aggrieved partymust not merely initiate the prescribedadministrative procedures to obtain relief but

must pursue them to their appropriateconclusion before seeking judicialintervention.

Q. What is the effect of Failure toexhaust remedies?

A. It will deprive the complainant of a causeof action, which is a ground for a motion todismiss. If not invoked at the proper time,this ground is deemed waived and the courtcan take cognizance of the case and try it.

Q. What are reasons for the rule?

A. It ensures an orderly procedure which favors a preliminary shifting process,particularly with respect to matters peculiarlywithin the competence of the administrativeagency, avoidance of the interference withfunctions of the administrative agency bywithholding judicial action until the



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administrative process had run its course,and prevention of attempts to swamp thecourts by a resort to them in the firstinstance.

It rests on the presumption that the

administrative agency if afforded acomplete chance to pass upon the matter,will decide the same correctly.

If the error is rectified, judicial interventionwould then be unnecessary. It is intendedto provide less expensive

Q. What are exceptions to the rule,generally?

A. Generally, doctrine of exhaustion of isdisregarded (Paat vs. Court):

a) when there is a violation of dueprocess

b) when the issue involved is purely alegal question

c) when the administrative action ispatently illegal amounting to lack orexcess of jurisdiction

d) when there is estoppels on the partof the administrative agencyconcerned

e) when there is irreparable injury

f) when the respondent is adepartment secretary whose acts as

an alter ego of the President hearsthe implied and assumed approval ofthe latter

g) when to require exhaustion ofadministrative remedies would beunreasonable

h) when it would amount to nullificationof a claim

i) When the subject matter is a privateland in land cases or proceedings

j) When the rule does not providea plain speedy and adequateremedy

k) There are circumstances indicatingthe urgency of judicial

intervention

l) When no administrative review isprovided

m) Where the rule of qualified politicalagency applies, and

n) When the issue of non-exhaustionhas been rendered moot.

Not applicable where public interestrequires immediate court resolution.

Arrow Transpo. Corp. v. Board ofTransportation doctrine of exhaustion of

administrative remedies may be overlookedwhere public interest requires immediateresolution of the issue raised.

Not applicable where administrative actis a nullity. Begosa v. Chairman

doctrine of exhaustion ofadministrative remedies does notcome into play where the acts of thequasi-judicial agency are patentlyillegal.

Not applicable where administrativeremedy is not adequate. Marinduque Iron v. Secretary of

Public Works and Comm. wherethe decision of the departmentsecretary is, by law, executor after acertain fixed period, the aggrievedparty need not exhaustadministrative remedy as an appealto the President will not be sufficient,adequate and expeditious to granthim relief as a judicial relief, such asa writ of preliminary injunction.

Not applicable where judicial relief isrequired to prevent violence. Bueno v. Patano

Considerations of public ordermust transcend the administrativeissue of conflict of boundaries, andonly courts have the weapon tocompel the parties temporarily orperpetually by means of injunction,to maintain peace.

Not applicable apply where agency acted

with no jurisdiction. Continental marble v. NLRC

exhausting is not necessary wherethe agency acted without jurisdictionor with grave abuse of discretion intaking cognizance of a belatedappeal from a decision of a lowerlevel administrative body which hadbecome final and thereafter reversingit.



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Not applicable where there is yet noadministrative order. Datiles and Co. v. Sucaldito it is assumed that the

administrative body may correct its

mistake, may amend its decision,order or act; and if there is nodecision, act or order, final incharacter, and at issue is whether ornot the investigation to be conductedby an administrative officer is withinhis competence, then a suit forprohibition may lie against saidadministrative officer.

Not applicable where there is estoppel. Estoppel is in the part of the party

invoking the doctrine or on the part

of the administrative agencyconcerned, like when it led theaggrieved party to believe that only acourt ruling would be accepted by it(Vda. de Tan v. Veterans Backpay).

Not applicable where there is urgency orirreparable damage. Aquino v. Luntok doctrine is notapplicable when a writ of preliminaryinjunction is sought in which thepetitioner has shown that there issubstantial controversy between the

parties and the respondent is committingan act that will cause irreparable injury ordestroy the status quo before a fullhearing can be had on the merits of thecase, which relief may not be availablein the administrative proceedings.

Not applicable where qualified politicalagency doctrine applies. This is when department secretariesare alter egos of the President, therefore,presumed to be acts of the President,unless disapproved by the President.

Rule 43 appeals to the CA of thedecisions or final orders of the Office ofthe President (quasi-judicial powers) ispremised that the petitioner hadappealed the decision of the departmentsecretary to the Office of the President. However, if qualified political agency

applies, Rule 65 applies wherepetition is for certiorari for GADLEJ.

Not applicable where issue is purelylegal. Appeal to the administrative

officer of orders involvingquestions of law would be anexercise in futility since

administrative officers cannot decidesuch issues with finality; only thecourts can.

Not applicable where administrativeremedy is permissive. Permissive means the statute

warrants the conclusion that thelegislature intended to allow the

judicial remedy even though theadministrative remedy has not beenexhausted.

Not applicable where doctrine willresult in nullification of claim. Also not applicable where the

administrative agency has no powerto grant the relief sought in civilaction, such as the claim fordamages.

Not applicable in quo warranto cases. This is because the remedy ofexhaustion are neither

prerequisite to nor bar the institutionof quo warranto proceedings.

Furthermore, Public interest requiresthat the right to a public officeshould be determined as speedily aspracticable.

Not applicable where there is no lawrequiring remedies. However, his action should be apetition for certiorari (Rule

65), instead of an appeal by petitionfor review under Rule 43.

Not applicable where agency has no

jurisdiction. Example is where the land in dispute

has already been titled as privateland (being previously a public land),therefore, Bureau of Land does nothave jurisdiction anymore because ithas jurisdiction only on public lands.

CHAPTER VI



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JUDICIAL REVIEW, GENERALLY

Q. What is judicial review?

A. Judicial Review is the re-examination ordetermination of an act, rule or decision of

an executive, or administrative agency orquasi-judicial body, by the courts in theexercise of their judicial power in anappropriate case instituted by a partyaggrieved thereby as to whether thequestioned act, rule or decision has beenvalidly or invalidly issued or whether thesame should be nullified, affirmed, ormodified.

The Courts may determine thelegality or propriety of the exerciseof discretion by the politicaldepartments of the government,

through Judicial Review.

Q. What are Subject to Review?A Any Agency Action is subject to

judicial review in an appropriatecase. Agency Action includes thewhole or part of any agency rule,order, license, sanction, relied, or itsequivalent, or denial thereof.

It may be either:1. Non-Judicial Consists of

purely administrative or

executive acts and rules andregulations; or2. Quasi-Judicial Includes final

orders or decisions rendered bythe agency in the exercise of itsquasi- judicial power.

It is the Nature of the act done thatdictates the remedy for

judicialrecourse.

Where the law is silent as towhether judicial review is available,the remedies that may be availedof are the special civil actions ofcertiorari, prohibition, and/ormandamus under Rule 65 of theRules of Court.

Where there is no law, or the statuteis silent, the specific remedy to fileand where to file it depends on the

nature of the questioned act orruling.

Where what is questioned is anact performed by an administrativeagency in the exercise of purelyexecutive or administrative functions,

the judicial remedy, as a generalrule, is to file the appropriate courtaction before the court of general

jurisdiction (Regional Trial Court);however, the rule is otherwise whenthe act complained of forms part ofits quasi-judicial functions.

LIMITATIONS ON JUDICIAL REVIEWLimitations,generally. Purely Administrative and

Discretionary functions may not beinterfered with by the courts. In general, courts have nosupervising power over the

proceedings and actiosn of theadministrative departments of thegovernment.

Administrative proceedings may bereviewed by the courts

upon a showing that the board orofficial has gone beyond his statutoryauthority, exercised unconstitutionalpowers or clearly acted arbitrarily

and without regard to his duty or withgrave abuse of discretion or that thedecision is vitiated by fraud,imposition, or mistake.

Exercise of review power is subject tocertain guideposts.

Q. What are the principles for judicialreview of rules and regulations?

A. Court is free to make three inquiries:1. Whether the rule is within thedelegated authority of he

administrative agency;2. Whether it isreasonable; and

3. Whether it was issuedpursuant to proper procedure.

However, the Court is not free to substituteits judgment as to the desirability ofadministrative judgment. court, when



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confronted with an interpretative rule, isfree to:

1. Give the force oflaw to the rule;

2. Go towards the opposite extremeand substitute its judgment; or

3. Give some intermediate degreeof weight to the interpretativerule.

Q. Is there judicial review ofadministrative decisions,generally?

A. Administrative and Discretionaryfunctions may not be interfered with bythe courts. General rule is that courts haveno supervisory power over the proceedingsand actions of the administrative

departments of the government.

Interference with administrativediscretion, to be avoided.

Generally, the courts will not interfere inmatters which are addressed to the sounddiscretion of government agencies entrustedwith the regulation of activities coming underthe special technical knowledge and trainingof such agencies.Garcia vs. BOI: The Court nullified, in thiscase, nullified the BOI ruling approving the

transfer of the petro-chemical plant fromBataan to Batangas and authorizing thechange of feedstock from naphtha only tonaphtha and/or LPG as having been issuedwith grave abuse of discretion, solely on theground that investor has the final say on thequestion.

Q. Can there be judicial interference intechnical matters?

A. Generally, no. The prohibition dictated by the

decree pertains to the issuance bycourts of injunction or restrainingorders against administrative acts oncontroversies which involve facts orexercise of discretion in technicalcases (P.D. No. 605 Grants ofConcession Licenses of any kind inconnection with the countrys naturalresources; P.D. No. 1818 Controversies involving infrastructure

project, or mining, fishery, forest, orother natural resources), because toallow courts to judge these matterscould disturb the smooth functioningof the administrative machinery.

Q. Can there be judicial review ofpresidential discretion?A. Generally, no.

Discretion means the power or rightconferred upon the officer by a law or actingofficially under certain circumstancesaccording to the dictates of his own judgmentand conscience and not controlled by the

judgment or conscience of others.

Llamas vs. Orbos: When the issueinvolved concerns the validity of the

discretionary powers or whether the saidpowers are within the limits prescribed by theConstitution, the SC may exercise its power of

judicial review.

Political Question means a question ofpolicy. It refers to those questions which,under the Constitution, are to be decided bythe people in their sovereign capacity, or inregard to which full discretionary authorityhas been delegated to the executive branchof the government.

Q. How do you distinguish apetition for review and petitionfor certiorari?

Petition for Review Under Rule 43, it is anordinary appealfrom a final order or decision of a quasi-

judicial body to the Court of Appeals.Involves Question of fact, or of law, or amixture of fact and law.

Petition for Certiorari Under Rule 65, itis a special civil action. Involves GADLEJ.

Q. How is appeal taken?

A. Appeal shall be taken by filing a verifiedpetition for review in seven (7) legible copieswith the Court of Appeals, with proof ofservice of a copy thereof on the adverseparty and on the court or agency a quo.



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Q. What is in the certificate againstforum shopping?

A. It should state that petitioner hasnot theretofore commenced any otheraction involving the same issues in the

Supreme Court, the Court of Appeals, ordifferent divisions thereof, or any othertribunal or agency.

If there is such other action or proceeding, hemust state the status of the same. If heshould thereafter learn that a similaraction or proceeding has been filed or ispending before the SC, the CA, or, differentdivisions thereof, he shall promptly inform theaforesaid courts and other tribunal or agencythereof within five (5) days therefrom.

Q. What is the effect of Failure tocomply with requirements.

A. It shall be a sufficient ground fordismissal thereof.Substantial Compliance with therequirements will amount to the petitionbeing given Due Course.

Q. What is the rule on substantialevidence rule? Are findings aregenerally binding?

A. The Court will then decide whether todismiss petition or give it due course. If itdecides to dismiss the petition, it is usually inthe form of a minute resolution. If petition isgiven due course, the Court will render a full-length decision on the merits of the case.

Executive decisions are conclusive onquestions of fact and not subject to review inthe absence of:

o Fraudo Imposition

o Mistake other than error

Q. What are the exceptions tosubstantial evidence rule?

1. Conflicting findings of initial fact-finding agency and admin. agency

2. Findings grounded entirely onspeculation, surmises, or

conjectures

3. Inference made by the quasi-judicialagency from its findings of fact ismanifestly mistaken

4. Grave abuse of discretion in theappreciation of facts5. Admin. agency goes beyond issues of

the case6. Judgment of admin. agency premisedon misapprehension

of facts7. Admin. agency fails to notice certainrelevant facts8. Finding of facts themselves areconflicting9. Findings w/o citation of specificevidence10. Findings are premised on absence

of evidence findings contradictedby evidence on record appellant may

stay the executiono Ex. Issuing a status quo order,

writ of preliminary injunction

PETITION FOR CERTIORARI,PROHIBITION, AND MANDAMUS

Q. What is petition for certiorari,generally?

A.Rule 65 of Rules of Court mode ofjudicial review of orders,

rulings and decisions of quasi-judicialagencies

o Certiorario Prohibition

o Mandamus

Section 1 petition incase of GADLEJ of

tribunal/board/officer

Certiorari special civil actiondirected against any tribunal/board/officerexercising judicial or quasi-judicial functionswhich is alleged in a verified petition tohave acted GADLEJ, there being no appealnor any plain, speedy and adequate remedyin the ordinary course of law.

o Sole office of writ ofcertiorari is correction oferrors of jurisdiction includingGADLEJ

o Correct errors of jurisdictionand not errors of judgment



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o Granted to keep inferiorcourt w/in bounds of

jurisdiction

Generally: when lower court has no jurisdiction over subject matter,

orders/decisions , they may not be correctedby certiorari but by appeal

o Exceptions:

public welfare and the

advancement of public policy so dictate

broader interest ofjustice so require

writs issued are nulland void or amount to an oppressiveexercise of judicial authority

appeal is satisfactorilyshown to be an inadequate remedy

Q. What is the purpose of certiorari

A. annul/modify questioned act/rulingo annul void proceedingso prevent unlawful/oppressive

exercise of legal authorityo provide for a fair/orderlyadministration of justice

Q. What are the requisites of certiorari?

A. It is directed against a

tribunal/board/officer exercisingjudicial/quasi-judicial functions

o if admin agency does notexercise quasi-judicial

power, certioraridoes not lie

2. the tribunal/board/officer hasacted without or in excess of

jurisdiction or with grave abuseof discretion

o will issue only to correct

errors of jurisdiction

and not errors by court unless

GADLEJo certiorari corrects errors of

jurisdictiono review corrects errors of

judgment

3. there is no appeal nor anyplain, speedy and adequate

remedy in the ordinary course oflaw

o General Rule when appeal

is available as a

remedy, certiorari cannot beavailed of

Exceptions

Publicwelfare/advancement or public policy

broader interestsof justice writs/orders issued

= null and void order amounts

to anoppressiveexercise of judicial

authorityo General Rule certiorari

cannot be used tosubstitute lapsed appeal Exception when rigidapplication will

result inmanifest failureor miscarriage of

justice

Q. What are exceptions as to therequirement of motion for

reconsideration before certiorari?

A.1. Order is a patent nullity court had no

jurisdiction2. Questions raised have been dulyraised and passed upon by

the lower court, are the same asthose raised before the lower court

3. Urgent necessity for resolution ofthe question and any further delaywould prejudice interests ofgovt/petitioner/subj. matter

perishable4. Motion for reconsideration uselessunder the circumstances5. Petitioner deprived of dueprocess/extreme urgency for

relief6. In criminal case, relief from an order

of arrest is urgent/relief by trial courtimprobable



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7. Proceedings were ex parte/petitionerhad no opportunity to object

8. Issue raised is one purely of law/publicinterest is involved9. Judicial intervention is urgent10. Application may cause great and

irreparable damage11. Failure of a high govt official fromwhom relief is sought to

act on the matter12. Issue of non-exhaustion of admin.remedies is moot13. Special circumstances warrant

immediate and more direct action

Q. What is a petition for prohibition?A.

Rule 65 sec. 2 GADLEJ, ordered to

desist from further proceedings Preventive remedy

Restrain the doing of some act to bedone

Remedy to preventtribunal/board/officer fromusurping/exercising jurisdiction/power whichlaw did not vest in them

Lies against a tribunal/board/officerexercising judicial or ministerial functions

Q. What is a petition for mandamus?

A. Rule 65 sec. 3 neglect, do act required.Literally means we command. Mandamuslies:

o Against any tribunal w hichunlawfully neglects theperformance of an act whichthe law specifically enjoins as aduty

o In case anycorporation/board/personunlawfully neglects theperformance of an act which the

law enjoins as a duty resultingfrom an office/trust/station

o In case anytribunal/corp/board/personunlawfully excludes another fromthe use and enjoyment of aright or office to which such islegally entitled

o in any of these instances, noother plain, speedy andinadequate remedy in theordinary course of law.

Q. What are the requisites for

mandamus to issue?A. Applicant must have a clear

legal right to the thingdemanded

o Right must be well defined,clear, and certaino Clear legal right

founded/granted by law

Corresponding duty of defendant to

perform the required

act must also beclear and specific

Mandamus never issues in doubtfulcases

Q. What type of act may mandamuscompel a person to do?A. Mandamus depends on nature of

power conferred upon and required tobe performed by public functionaries

Generally: mandamus will lie tocompel the doing of a ministerialact

o Does not lie to control

discretion Duties and powers of public

officers may either be

ministerial ordiscretionary

Refusal/neglect of an officer toperform a ministerial act:

remedy mandamus

Mandamus not available to controldiscretion

o May issue where there hasbeen unreasonable delay, to

compel him to act but not toact one way or the other norto decide in a particular wayor in favor of anyone

Q. When are instances that Mandamusmay not lie?A. To compel a course of conduct



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To compel an official to do anythingwhich is not his duty to do or give theapplicant anything to which he isntentitled by law

To compel performance of an actprohibited by law

To require anyone to fulfillcontractual obligations To compel the appointing authority

to appoint a particular person to aspecific position, though qualified hemay be

To compel the Sugar Reg. Admin to issue rules and

regulations governing the import ofsugar, where the law is silent as tothe standard of control andregulation of sugar importation.

Instances when Mandamus may lie

When a decision of the CSC orderingan employee who had beendismissed to be reinstated andthe decision had become final

To compel payment, where anemployee of the LGU is, by law,entitled to retirement benefits.

To compel not only the enactmentand approval of of the necessaryappropriation ordinance, but also thecorresponding payment of municipalfunds therefor.

Q. May mandamus lie to someone whowas unlawfully excluded from office orposition.?

A. Mandamus will lie, where there is noappeal or plain,

speedy, and adequate remedy in theordinary course, commanding theboard or person that unlawfullyexcluded him to reinstate him tosuch office or right. He must show(1) he has a clear legal right, andthat (2) the respondent, without any

right, is illegally excluding himtherefrom. Mandamus wont lie to oust theperson who occupies a

position and exercises its functions,if there are 2 persons who bothclaim the position, in this case theremedy is quo warranto (tests thetitle to ones office claimed byanother and to oust the holder from

its enjoyment.). Mandamus lies onlywhen petitioners right is foundedclearly upon law, not when it isdoubtful.

Q. Where to file mandamus?

A. SC CA - Whether/Not it is in aid of itsappellate jurisdiction Exclusively if it involves the acts or

omissions of a quasi - judicialagency, unless otherwise provided bylaw or rules.

Sandiganbayan - if it is in aid of itsappellate jurisdiction RTC (with territorial jurisdiction)

if it relates to acts/omissionsof a lower court, corp., board,

officer/person

General rule: Filed not later than 60daysfrom notice of judgment, order orresolution. No extentions.Exception: For compelling reasons, and notexceeding 15 days.

PART II: LAW ON PUBLIC OFFICER

CHAPTER 1: NATURE AND ELEMENTS OF

PUBLIC OFFICE

Q. How is public office created?

A. Public offices are creations of Constitutionand laws. Congress can delegate power tocreate positions (Eg. Enactment ofreorganization laws which authorizes thePresident to create, abolish, or merge officesin the executive departments exercisedthrough appropriate decree or order or byauthorizing executive departments oragencies to do so). Public office are filled up

either by appointment, by election, and insome instances by contract or by some othermodes authorized by law.

Q. What is a public office?

A. A public office is a public trust. It is afiduciary relationship between a public officerwho is a trustee and the people asbeneficiaries of a public office. The public



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officer is the servant of the people, requiringutmost responsibility, integrity, loyalty,efficiency, fidelity, good faith, andaccountability in the discharge of his duties& demands that he takes no advantage ofhis position for his personal benefit or to the

prejudice of the public.

A public office refers to either twoconcepts:

Functional unit of government It iswithin the framework of governmentorganization, refers to any majorfunctional unit of a department orbureau including regional office

Position - held by individual whosefunctions are defined by law orregulation

Public office is frequently used to refer as theright, authority, duty, created and conferredby law, by which, for a given period eitherfixed by law or enduring at the pleasure of thecreating power, an individual is invested withsome portion of the sovereign functions ofgovernment, to be exercised by thatindividual for the benefit of the public

The right to hold pubic office under ourpolitical system is not a natural right. Itonly exists only because and by virtue of

some law expressly or impliedly creating andconferring it. There is no such thing asvested right or an estate in an office oreven an absolute right to hold office oraccept salary by reason thereof. However,there are exceptions, constitutional officeswhich provide immunity as regards salary andtenure.

Q. Why is public office a public trust?

A. This requires that all government officialsand employees must at all times be

accountable to the people, serve them withutmost responsibility, integrity, loyalt

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