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San Beda College-Manila


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JL (Juanico and Limpot) Notes in Administrative Law

ADMINISTRATIVE LAW REVIEWER


CHAPTER 1: GENERAL
CONSIDERATIONS
Nature
Administrative Law is that branch of
modern law under which the executive
department of the government, acting in
a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of
the individual for the purpose of
promoting the well-being of the
community, as under laws regulating
public interest, professions, trades and
callings, rates and prices, laws for the
protection of public health and safety,
and the promotion of public
convenience.
-

Dean Roscoe Pound of Harvard


Law School

Administrative Law is that part of


public law which fixes the organization
of the government and determines the
competence of the authorities who
execute the law and indicates to the
individual remedies for the violation of
his rights.
-

Professor Frank Johnson


Goodnow of Columbia University

Administrative Law is that branch of


the law which deals with the field of

legal control exercised by law


administering agencies other than
courts, and the field of control exercised
by courts over such agencies.
-

Justice Felix Frankfurter of the


United States Supreme Court

Two Major Powers of Administrative


Agencies:
(1) Quasi-Legislative Authority (RuleMaking Power); and
(2) Quasi-Judicial Power
(Adjudicatory Function).
Object and Scope:
Regulation of private right for public
welfare
Origin and Development
Origin: Legislation
Justification: Expediency
Doctrine of Separation of Powers
All rules of conduct are supposed to be
laid down directly by the legislature,
subject to the direct enforcement of the
executive department, and the
application or interpretation, also
directly, by the judiciary.

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


However, this doctrine is not absolute.
The exception to this rule is the
delegation of powers to administrative
agencies.
Reason: With the growing complexity of
modern life, the multiplication of the
subjects of governmental regulation and
the increased difficulty of administering
the laws, there is a constantly growing
tendency towards the delegation of
greater powers by the legislature, and
towards the approval of the practice by
the courts.
Present Status
Administrative Law is still in a state of
flux because of the instability of the
administrative body itself, which is
created today, abolished tomorrow and
revived next day.
Sources
(1) Constitutional or statutory
enactments creating
administrative bodies
- Article IX of the 1987
Constitution
- Social Security Act
(2) Decisions of courts interpreting
the charters of administrative
bodies and defining their powers,
rights, inhibitions, among others,
and the effects of their
determinations and regulations.

Philippine Association of
Service Exporters, Inc. vs.
Sec. Franklin Drilon

(3) Rules and regulations issued by


the administrative bodies in
pursuance of the purposes for
which they were created.
- Omnibus Rules
Implementing the Labor
Code by the Department
of Labor and Employment
- Regulations of the
Commission on
Immigration and
Deportation
(4) Determinations and orders of the
administrative bodies in the
settlement of controversies
arising in their respective fields.
- Awards of the National
Labor Relations
Commission
Administration
As a Function: It refers to the
aggregate of individuals in whose hands
the reins of government are for the time
being.
As an Institution: It means the actual
running of the government by the
executive authorities through the
enforcement of laws and the
implementation of policies.

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


Government is the agency or
instrumentality through which the will of
the State is formulated, expressed and
realized.
Internal Administration covers those
rules defining the relations of public
functionaries inter se and embraces the
whole range of the law of public officers.
External Administration defines the
relations of the public office with the
public in general.

CHAPTER 2: ADMINISTRATIVE
AGENCIES
Administrative agency is a body
endowed with quasi-legislative and
quasi-judicial powers for the purpose of
enabling it to carry out laws entrusted to
it for enforcement or execution.
Agency

Distinguished from Law


Law is an impersonal command
provided with sanctions to be applied in
case of violation.
Administration is preventive rather
than punitive and is accepted to be
more personal than law.
Example: All of us must pay taxes.
Failure to do so would amount to tax
evasion. On the other hand, the Bureau
of Internal Revenue announces through
the mass media the deadlines for tax
payments. The former characterizes
what the law provides while the latter
involves administration.

It is any of the various units of the


Government, including a
department, bureau, office,
instrumentality, or governmentowned or controlled corporation,
or a local government or a
distinct unit therein.
Any department, bureau, office,
commission, authority or officer of
the National Government
authorized by law or executive
order to make rules, issue
licenses, grant rights or privileges
and adjudicate cases; research
institutions with respect to
licensing functions; government
corporations with respect to
functions regulating private right,
privilege, occupation or business;
and officials in the exercise of
disciplinary power as provided by
law.

Department refers to an executive


department created by law.

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


Bureau is any principal subdivision of
any department.
Office
It refers, within the framework of
government organization, to any
major functional unit of a
department or bureau, including
regional offices.
It may also refer to any position
held or occupied by individual
persons whose functions are
defined by law or regulation.
Instrumentality: [ANFCFAC]
Any agency of the National
Government;
Not integrated within the
department framework;
Vested with special functions or
jurisdiction by law;
Endowed with some, if not all,
corporate powers;
Administering special funds; and
Enjoying operational autonomy,
Usually through a charter.
The term instrumentality includes:
(1) Regulatory agencies;
(2) Chartered institutions; and
(3) Government-owned or controlled
corporations.
Chartered institution refers to any
agency organized or operating under a
special charter, and vested by law with
functions relating to specific
constitutional policies or objectives.

3 Administrative Relationships:
(1) Attachment;
(2) Supervision and control; and
(3) Administrative supervision.
Attachment refers to the lateral
relationship between the department or
its equivalent and the attached agency
or corporation for purposes of policy and
program coordination.
The coordination may be accomplished
by:
(1) Having the department
represented in the governing
board of the attached agency or
corporation for purposes, either
as chairman or as a member,
with or without voting rights, if
permitted by the charter;
(2) Having the attached corporation
or agency comply with a system
of periodic reporting which shall
reflect the progress of programs
and projects; and
(3) Having the department or its
equivalent provide general
policies through its representative
in the board, that will serve as the
framework for the internal policies
of the attached corporation or
agency.
Supervision and Control shall include:
(1) Authority to act directly whenever
a specific function is entrusted by

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


law or regulation to a
subordinate;
(2) Direct the performance of duty;
restrain the commission of acts;
(3) Review, approve, reverse or
modify acts and decisions of
subordinate officials or units;
(4) Determine priorities in the
execution of plans and programs;
and
(5) Prescribe standards, guidelines,
plans and programs.
Administrative Supervision shall be
limited to the:
(1) Authority of the department or its
equivalent to generally oversee
the operations of such agencies
and to insure that they are
managed effectively, efficiently
and economically but without
interference with day-to-day
activities;
(2) Require the submission of
reports and cause the conduct of
management audit, performance
evaluation and inspection to
determine compliance with
policies, standards and
guidelines of the department;
(3) To take such action as may be
necessary for the proper
performance of official functions,
including rectification of
violations, abuses and other
forms of maladministration; and

(4) To review and pass upon budget


proposals of such agencies but
may not increase or add to them;
Such authority shall not, however,
extend to:
(1) Appointments and other
personnel actions in accordance
with the decentralization of
personnel functions under the
Code, except when appeal is
made from an action of the
appointing authority, in which
case the appeal shall be initially
sent to the department or its
equivalent, subject to appeal in
accordance with law;
(2) Contracts entered into by the
agency in the pursuit of its
objectives, the review of which
and other procedures related
thereto shall be governed by
appropriate laws, rules and
regulations; and
(3) The power to review, reverse,
revise, or modify the decisions of
regulatory agencies in the
exercise of their regulatory or
quasi-judicial functions; and
Government-Owned or Controlled
Corporation is any agency organized
as a stock or non-stock corporation
vested with functions related to public
needs whether governmental or

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
Page 5
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


proprietary in nature, and owned by the
government directly or through its
instrumentalities, either wholly or, where
applicable, as in the case of stock
corporations, to the extent of at least
51% of its capital stock.
Authority has been used to designate
both incorporated and non-incorporated
agencies and instrumentalities of the
government.
Nature of an Administrative Agency

It may be regarded as an arm of


legislature insofar as it is
authorized to promulgate rules.
It may also be loosely considered
a court because it performs
functions of a particular judicial
character.
It pertains to the executive
department because its principal
function is the implementation of
the law.
It is composed of persons who
are experts in the particular field
of specialization under its
jurisdiction.
According to the Supreme Court,
the Court Tax Appeals is a
special court dedicated
exclusively to the study and
consideration of tax problems. It
is not an administrative agency.
Various Names: Board,
Commission, Authority,
Administration, Bureau, Agency,

Council, Committee, Office and


the like.
Creation and Abolition of an
Administrative Agency
It is created by:
(1) Constitution; or
(2) Statute.
It is abolished by:
(1) Constitutional amendment; or
(2) Amendment or repeal of its
charter.
Types of Administrative Agencies:
(1) Offer some gratuity, grant or
special privileges;
- Philippine Veterans
Administration
(2) Carry on the actual business of
government;
- Bureau of Customs
(3) Perform some business service
for the public;
- Bureau of Posts
(4) Regulate businesses affected
with public interest or public
utilities;
- Land Transport
Franchising and
Regulatory Board
(5) Regulate private businesses and
individuals under the police
power;
- Securities and Exchange
Commission

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


(6) Adjust individual controversies
because of some strong social
policy; and
- National Labor Relations
Commission
(7) Make the government a private
party.
- Government Service
Insurance System
Doctrine of Qualified Political Agency
As a rule, the acts of the cabinet
members are considered as acts of the
President. The cabinet members are the
alter egos of the President. Under this
doctrine, the power of the President to
reorganize the National Government
may validly be delegated to his cabinet
members exercising control over a
particular executive department.
Advantages of Administrative
Agencies

They have the expertise.


They are adaptable to change
because of their flexible nature.
Unlike courts of justice, they can
initiate action and not simply
wait for their jurisdiction to be
invoked.

Relation to Other Departments

They are agents of the legislature


when the exercise the powers
delegated to them. The

legislature can also abolish them.


Their salaries, emoluments and
appropriations are subject to the
discretion of the legislature.
They are under the constitutional
control of the President which
control cannot be withdrawn or
limited even by the legislature.
The courts can review or even
reverse the administrative acts
even of the Chief Executive.
Courts cannot be deprived of
their inherent power to decide all
questions of law, particularly if
they have been initially resolved
by administrative agencies.

CHAPTER 3: POWERS OF
ADMINISTRATIVE AGENCIES
Quasi-Legislative
It is otherwise known as the power if
subordinate legislation and permits the
body to promulgate rules intended to
carry out the provisions of particular
laws.
It involves the prescribing of a rule for
the future and is regarded as public.
It is the authority delegated by the lawmaking body to the administrative body
to adopt rules and regulations intended
to carry out the provisions of a law and
implement legislative policy.
Reason for this Power: It is impractical
for the lawmakers to provide general

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


regulations for various and varying
details of management.

delegate, it will have nothing to do but to


enforce it.

Administrative Rule

Sufficient Standard Test

It is any agency statement of general


applicability that implements or
interprets a law, fixes and describes the
procedures in, or practice requirements
of, an agency, including its regulations.

The law must offer a sufficient standard


to specify the limits of the delegates
authority, announce the legislative
policy, and specify the conditions under
which it is to be implemented. The
following are examples of sufficient
standards: public interest, simplicity,
economy, efficiency and public welfare.

It includes memoranda or statements


concerning the internal administration or
management of an agency not affecting
the rights of, or procedure available to,
the public.
Rule-Making means an agency process
for the formulation, amendment, or
repeal of a rule.
Distinguished from Legislative Power
Administrative regulations are intended
to carry out the legislative policy. The
discretion to determine what the law
shall be is exclusively legislative and
cannot be delegated. The power to
create rules to carry out a policy
declared by the lawmaker is
administrative and not legislative.
Tests of Delegation
Completeness Test
The law must be complete in all its
terms and conditions when it leaves the
legislature so that when it reaches the

Quasi-Judicial
It is the power of adjudication which
enables the administrative body to
resolve, in a manner essentially judicial,
factual and sometimes even legal
questions incidental to its primary power
of enforcement of the law. It involves the
application of a rule for the past and is
regarded as private.
It is the power of administrative
agencies to make determinations of
facts in the performance of their official
duties and to apply the law as they
construe it to the facts so found.
It is merely incidental to their main
function, which is the enforcement of the
law.
Distinguished from Judicial Process
Judicial process focuses on the question
of law, with the questions of fact being

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


regarded as of secondary importance
only. In judicial proceedings, the
executive acts last after judgment is
made whereas in the exercise of quasijudicial power, the executive acts first,
with the courts acting later, whenever
warranted, to review its legal findings.

Dispensing powers allow the


administrative officer to relax the
general operation of a law or exempt
from the performance of a general duty.
Example: Grant of immunity from suit to
state witnesses

It is expressly conferred by the


legislature through specific provisions in
the charter of the agency.

Examining powers enable the


administrative body to inspect the
records and premises, and investigate
the activities of persons or entities
coming under its jurisdiction. Example:
Issuance of subpoenas

Determinative Powers
Enabling Powers
Directing Powers
- Dispensing
- Examining
- Summary

Summary powers are those involving


the use by administrative authorities of
force upon persons or things without the
necessity of previous judicial warrant.
Example: Killing of a mad dog on the
loose

Determinative powers enable the


administrative body to exercise its
quasi-judicial authority better.

Doctrine of Implied Powers

Source

Enabling powers are those that permit


the doing of an act which the law
undertakes to regulate and which would
be unlawful without governmental
approval. Example: Issuance of licenses

An administrative agency has only such


powers as are expressly granted to it by
law and also such powers as are
necessary implied in the exercise of it
express powers.

Directing powers order the doing or


performance of particular acts to ensure
compliance with the law and re often
exercised for corrective purposes.
Example: Common carriers are required
to install safety devices
JL Notes in Administrative Law
Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


CHAPTER 4: THE QUASILEGISLATIVE POWER

legislative power and is intended to


have the binding force and effect of a
law enacted by the legislature itself.

Nature of Administrative Regulations


General Rule: Administrative
regulations and policies enacted by
administrative bodies to interpret the law
have the force of law and are entitled to
great respect.
Exception: Administrative agencies are
not authorized to substitute their own
judgment for any applicable law or
administrative regulation with the
wisdom or propriety of which they do not
agree.
Kinds of Administrative Regulations
1. Legislative rule is in the matter of
subordinate legislation, designed to
implement a primary legislation by
providing the details thereof.

In making a legislative rule, the


administrative agency is acting in
a legislative capacity,
supplementing the statute, filling
in the details, or making the law,
and usually acting pursuant to a
specific delegation of legislative
power.

Note: The legislative regulation is


issued by the administrative body
pursuant to a valid delegation of

2. Interpretative rule is designed to


provide guidelines to the law which the
administrative agency is in charge of
enforcing.

It is that which purports to do no


more than interpret the statute
being administered, to say what it
means. It constitutes the
administrators construction of a
statute.

In making an interpretative rule,


the administrative agency is
merely anticipating what
ultimately must be done by the
courts. The administrative agency
is performing a judicial function
rather than a legislative function.

Examples: circulars issued by the


Bureau of Internal Revenue (BIR); and
circulars issued by the Bangko Sentral
ng Pilipinas (BSP)
Note: Interpretative regulations (in the
absence of ratification by the legislature)
have validity in judicial proceedings only
to the extent that they correctly
construe the statute. Strictly speaking, it
is the statute and not the regulation to
which the individual must conform.

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
Page 10
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law

Interpretative regulations are


issued by the administrative body
as an incident of its power to
enforce the law and is intended
merely to clarify its provisions for
proper observance by the people.
They are merely persuasive and
are received by the courts with
much respect but not finality.
They are, at best, advisory for it
is the courts that finally determine
what the law means.

Classification of Legislative
Rule/Regulation
1. Supplementary regulation is
intended to fill in the details of the law
and to make explicit what is only
general. Its purpose is to enlarge upon
a statute, subject only to the standards
fixed therein, to ensure its effective
enforcement in accordance with the
legislative will.
*For more detailed examples, see p. 49
of Philippine Administrative Law by
Carlo Cruz.
2. Contingent regulation is so called
because it is issued upon the
happening of a certain contingency
which the administrative agency is given
the discretion to determine. In issuing
this, administrative agencies are allowed
to ascertain the existence of particular
contingencies and on the basis thereof

enforce or suspend the operation of a


law.
*For a more detailed example, see p. 50
of Philippine Administrative Law by
Carlo Cruz.
Requisites of a Valid Administrative
Regulation (ASPR)
1. Its promulgation must be authorized
by the legislature.
2. It must be within the scope of
authority given by the legislature.
3. It must be promulgated in accordance
with the prescribed procedure.
4. It must be reasonable.
First Requisite
Authority to promulgate the regulation is
usually conferred by the:
(1) charter of the administrative body; or
(2) law the administrative body is
supposed to enforce.
*For more detailed examples, see pp.
51-52 of Philippine Administrative Law
by Carlo Cruz.
Note: There are limitations on the rulemaking power of administrative
agencies. When Congress authorizes
promulgation of administrative rules and
regulations to implement given
legislation, all that is required is that the
regulation be not in contravention with it,

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


but conform to the standards that the
law prescribes.

A regulation is binding on the


courts as long as the procedure
fixed for its promulgation is
followed. Even if the courts may
not be in agreement with its
stated policy or innate wisdom, it
is nonetheless valid, provided
that its scope is within the
statutory authority or standard
granted by the legislature.

Second Requisite

regulation, the statute must


prevail. A regulation adopted
pursuant to law is law.
Conversely, a regulation or any
portion thereof not adopted
pursuant to law is no law and has
neither the force nor the effect of
law.

As a general rule, letters of


instruction are simply directives
of the President of the
Philippines, issued in the
exercise of his/her administrative
power of control, to heads of
departments and/or officers
under the executive branch of the
government for observance by
the officials and/or employees
thereof. Being administrative in
nature, they do not have the force
and effect of a law and, thus,
cannot be a valid source of
obligation.

The regulation promulgated must


not be ultra vires or beyond the
limits of the authority conferred.
An administrative agency cannot
amend an act of Congress.

The power of administrative


officials to promulgate rules and
regulations in the implementation
of a statute is necessarily limited
only to carrying into effect what
is provided in the legislative
enactment.

Third Requisite

In other words, administrative


rules and regulations are
intended to carry out, not
supplant or modify, the law.

Exceptions:

In case of conflict between a


statute and an administrative

General Rule: Prior notice and hearing


are not essential to the validity of rules
and regulations promulgated to govern
future conduct.

(1) Where the regulation is in effect a


settlement of controversy between
specific parties, it is considered an

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law


administrative regulation and so will
require notice and hearing. (Example:
regulations fixing rates or toll charges)

Penal Regulations

(2) Where the regulation goes beyond


merely providing for the means that can
facilitate or render less cumbersome the
implementation of the law and
substantially increases the burden of
those governed, it behoves the agency
to accord at least to those directly
affected a chance to be heard and,
thereafter, to be duly informed, before
the issuance is given the force and
effect of a law.

The power to define and punish a crime


is exclusively legislative and may not be
delegated to the administrative
authorities. While administrative
regulations may have the force and
effect of law, their violation cannot give
rise to criminal prosecution unless the
legislature makes such violation
punishable and imposes the
corresponding sanctions. The
administrative authorities themselves
cannot prescribe such penalties.

*For more detailed examples, see pp.


72-80 of Philippine Administrative Law
by Carlo Cruz.

Special Requisites of a Valid


Administrative Regulation with a
Penal Sanction (PPP)

Fourth Requisite

Administrative regulations must


not be unreasonable or arbitrary
as to violate due process. If
shown to bear no reasonable
relation to the purposes for which
they are authorized to be issued,
then they must be held to be
invalid.
The regulation must involve the
public welfare and the method
employed must be reasonably
related to the purposes of the rule
and not arbitrary.

1. The law itself must make violation of


the administrative regulation punishable.
2. The law itself must impose and
specify the penalty for the violation of
the regulation.
3. The regulation must be published.
Construction and Interpretation

The regulation should be read in


harmony with the statute and not
in violation of the authority
conferred on the administrative
authorities.
Administrative regulations are
prospective in operation unless
the contrary is clearly intended.

JL Notes in Administrative Law


Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015
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San Beda College-Manila
College of Law

JL (Juanico and Limpot) Notes in Administrative Law

The interpretation given to a rule


or regulation by those charged
with its execution is entitled to the
greatest weight by the court
construing such rule or
regulation, and such
interpretation will be followed
unless it appears to be clearly
unreasonable or arbitrary.

Enforcement

The power to promulgate


administrative regulations carries
with it the implied power to
enforce them. This may be
effected through judicial action,
as in petitions for mandamus and
injunction, or through sanctions
the statute itself may allow the
administrative body to impose.
The power to enforce
administrative regulations
likewise includes the power to
issue opinions and rulings to
enable the administrative agency
to properly execute said
regulations.

Amendment or Repeal

The administrative regulation may be


changed directly by the legislature.
CHAPTER 5: THE QUASI-JUDICIAL
POWER
Quasi-judicial power the power of
the administrative agency to determine
questions of fact to which the legislative
policy is to apply, in accordance with the
standards laid down by the law itself.
Quasi-judicial is the term applied to the
action, discretion of officers who are
required to investigate facts, or
ascertain the existence of facts and
draw conclusions from them as a basis
for their official action, and to exercise
discretion of a judicial nature.
Power of adjudication (as defined by
The Administrative Code of 1987
an agency process for the formulation
of a final order.
Requisites for the Proper Exercise of
the Quasi-Judicial Power (JD)
1. Jurisdiction must be properly
acquired by the administrative body.
2. Due process must be observed in the
conduct of the proceedings.

An administrative regulation may


be amended or repealed by the
authorities that promulgated them
in the first place.

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JL (Juanico and Limpot) Notes in Administrative Law


First Requisite
Jurisdiction the competence of an
office or body to act on a given matter or
decide a certain question.

Without jurisdiction, the


determinations made by the
administrative body are
absolutely null and without any
legal effect whatsoever. Such
acts are subject to direct and
even collateral attack and may be
assailed at any time since they
are regarded as invalid ab initio.

A tribunal, board or officer


exercising judicial functions acts
without jurisdiction if no authority
has been conferred by law to
hear and decide the case.

the performance of the other is also


conferred.

Where the statute does not


require any particular method of
procedure to be followed by an
administrative agency, the
agency may adopt any
reasonable method to carry out
its functions. But to be valid, the
rules must not violate
fundamental rights or encroach
upon constitutional prerogatives,
like the rule-making power of the
Supreme Court.

The power of administrative


agencies to promulgate rules of
procedure does not or cannot be
construed as allowing it to grant
itself jurisdiction ordinarily
conferred only by the Constitution
or by the law.

Rules of Procedure

Where an administrative body is


expressly granted the power of
adjudication, it is deemed also
vested with the implied power to
prescribe the rules to be
observed in the conduct of its
proceedings.

Doctrine of implication where a


general power is conferred or duty
enjoined, every particular power
necessary for the exercise of the one or

Subpoena Power

The power to issue subpoena is


not inherent in administrative
bodies. These bodies may
summon witnesses and require
the production of evidence only
when duly allowed by law, and
always only in connection with
the matter they are authorized to
investigate. This power may be
expressly granted in the charter
of the administrative body.

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JL (Juanico and Limpot) Notes in Administrative Law

However, the fact that an


administrative body has been
authorized to conduct an
investigation does not necessarily
mean it can also summon
witnesses and take testimony in
the absence of a clear grant of
this power from the legislature.

body for the purpose of


controlling judicial action.
Notice and Hearing

The right to notice and hearing is


essential to due process and its
non-observance will as a rule
invalidate the administrative
proceedings.

Contempt Power
Administrative Due Process

Like the subpoena power, the


power to punish for contempt is
essentially judicial and cannot
be claimed as an inherent right
by the administrative body. To be
validly exercised, it must be
expressly conferred upon the
body and, additionally, must be
used only in connection with its
quasi-judicial as distinguished
from its purely administrative or
routinary functions.
As a rule, where a subpoena of
the administrative body is
disregarded, the person
summoned may not be directly
disciplined by that body. The
proper remedy is for the
administrative body to seek the
assistance of the courts of justice
for the enforcement of its order.
Much less is the contempt power
available to the administrative

There is no requirement for strict


adherence to technical rules as
are observed in truly judicial
proceedings because the
primordial consideration of
administrative agencies is the
promotion of public welfare.

It is basic to due process that the


tribunal considering the
administrati ve question be
impartial, to ensure a fair
decision.

In order that the review of the


decision of a subordinate officer
might not turn out to be a farce,
the reviewing officer must be
other than the officer whose
decision is under review.

The opportunity to adduce


evidence is essential in the
administrative process, as

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JL (Juanico and Limpot) Notes in Administrative Law


decisions must be rendered on
the evidence presented, either in
the hearing, or at least contained
in the record and disclosed to the
parties affected.

In administrative proceedings, the


quantum of proof necessary for a
finding of guilt is only substantial
evidence. Substantial evidence
means such relevant evidence as
a reasonable mind might accept
as adequate to support a
conclusion; evidence which
affords a substantial basis from
which the fact in issue can be
reasonably inferred.
Due process in administrative
proceedings does not require
trial-type proceedings similar to
those in the courts of justice; and
need not necessarily include the
right to cross-examination.
Submission of position papers
may be sufficient for as long as
the parties thereto are given the
opportunity to be heard. The
essence of due process is
simply an opportunity to be heard
or, as applied to administrative
proceedings, an opportunity to
explain ones side or an
opportunity to seek a
reconsideration of an action or
ruling complained of.

However, a trial-type proceeding


can be essential where the
findings are necessarily to be
based on the credibility of
witnesses or of the complainants.

Elements of Due Process


1. There must be a court or tribunal
clothed with judicial power to hear and
determine the matter before it.
2. Jurisdiction must be lawfully acquired
over the person of the defendant or
property which is the subject of the
proceedings.
3. The defendant must be given an
opportunity to be heard.
4. Judgment must be rendered upon
lawful hearing.
Administrative Appeals and Review

Unless otherwise provided by


law or executive order, an appeal
from a final decision of the
administrative agency may be
taken to the Department Head,
whose decision may further be
brought to the regular courts of
justice, in accordance with the
procedure specified by the law.
The appellate administrative
agency may even conduct
additional hearings in the
appealed case, if deemed
necessary.

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JL (Juanico and Limpot) Notes in Administrative Law


Enforcement of Decision

In the absence of any statute


providing for the enforcement of
an administrative determination,
the same cannot be enforced
except possibly by appeal to the
force of public opinion.
Administrative agencies that have
not been conferred the power to
enforce their quasi-judicial
decisions may invoke court action
for the purpose.

Res Judicata

Decisions and orders of


administrative agencies,
rendered pursuant to their quasijudicial authority, have, upon their
finality, the force and binding
effect of a final judgment within
the purview of the doctrine of res
judicata. The principle of res
judicata applies as well to the
judicial and quasi-judicial act of
public, executive or
administrative offices and boards
acting within their jurisdiction as
to the judgments of courts having
general judicial powers.

be invoked in connection with


their exercise of purely
administrative functions. It also
does not apply to judgments
based on prohibited or null and
void contracts.

An administrative officer may


revoke, repeal or abrogate the
acts or previous rulings of his/her
predecessor in office. The
construction of a statute by those
administering it is not binding on
their successors if, thereafter, the
latter becomes satisfied that a
different construction should be
given.

Exception of Applicability of Res


Judicata to Administrative
Proceedings
1. labor relations proceedings

The principle of res judicata


applies only to the exercise by
administrative agencies of their
quasi-judicial power and may not

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JL (Juanico and Limpot) Notes in Administrative Law


CHAPTER 6: JUDICIAL REVIEW

An administrative decision may


be appealed to the courts of
justice only if the Constitution or
the law permits it or if the issues
to be reviewed involve questions
of law.
Outside of these exceptions,
the administrative decision is no
more reviewable by the courts of
justice than are judicial decisions
reviewable by administrative
bodies.
The right to appeal is not a
constitutional right nor is it
embraced in the right to be heard
as guaranteed by due process.
As a rule, therefore, the
administrative decision may be
validly rendered final and
inappealable at the administrative
level without allowing the
aggrieved party a final resort to
the courts of justice.
It is generally true that purely
administrative and discretionary
functions may not be interfered
with by the courts; but when the
exercise of such functions by the
administrative officer is tainted by
a failure to abide by the
command of the law, then it is
incumbent on the courts to set
matters right, with the Supreme

Court having the last say on the


matter.

When it comes to questions of


law, administrative decisions
thereon are appealable to the
courts of justice even without
legislative permission; indeed,
even against legislative
prohibition.

Ratio: Judicial tribunals cannot be


deprived of their inherent authority to
decide questions of law, initially or by
way of review of administrative
decisions. Being inherent, the power
cannot be withdrawn by the legislature
through a law making such a decision
final and inappealable.

As to administrative agencies
exercising quasi-judicial or
legislative power, there is an
underlying power in the courts to
scrutinize the acts of such
agencies on questions of law and
jurisdiction even though no right
of review is given by statute.
Even decisions of administrative
agencies which are declared
final by law are not exempt from
judicial review when so
warranted.

Doctrine of Primary Jurisdiction


simply calls for the determination of
administrative questions, which are

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JL (Juanico and Limpot) Notes in Administrative Law


ordinarily questions of fact, by
administrative agencies rather than
courts of justice.
Application of the doctrine of primary
jurisdiction: The doctrine of primary
jurisdiction applies only to the exercise
by an administrative agency of its quasijudicial function. When what is assailed
is the validity or constitutionality of a rule
or regulation issued by the
administrative agency in the
performance of its quasi-legislative
function, the regular courts have
jurisdiction to pass upon the same.

certain disputes and


controversies falling within the
agencys special expertise.
Doctrine of Exhaustion of
Administrative Remedies an
administrative decision must first be
appealed to the administrative superiors
up to the highest level before it may be
elevated to a court of justice for review.
Recourse through court action cannot
prosper until after all such
administrative remedies would have first
been exhausted.
Reasons for the doctrine:

The doctrine does not warrant a


court to arrogate unto itself
authority to resolve a controversy
the jurisdiction over which is
initially lodged with an
administrative body of special
competence.

Where two administrative


agencies share concurrent
jurisdiction with respect to a
particular issue, the settled rule is
that the body or agency that first
takes cognizance of the
complaint shall exercise
jurisdiction to the exclusion of the
others.
A statute may vest exclusive
original jurisdiction in an
administrative agency over

(1) The administrative superiors, if given


the opportunity, can correct the errors
committed by their subordinates.
(2) Courts should as much as possible
refrain from disturbing the findings of
administrative bodies in deference to the
doctrine of separation of powers.
(3) On practical grounds, it is best that
the courts, which are burdened enough
as they are with judicial cases, should
not be saddled with the review of
administrative cases.
(4) Judicial review of administrative
cases is usually effected through the
special civil actions of certiorari,
mandamus and prohibition, which are

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JL (Juanico and Limpot) Notes in Administrative Law


available only if there is no other plain,
speedy and adequate remedy.

The underlying principle of the


rule on exhaustion of
administrative remedies rests
on the presumption that the
administrative agency, if afforded
a complete chance to pass upon
the matter, will decide the same
correctly. Indeed, the filing of a
motion for reconsideration is in
fact encouraged before resort is
made to the courts as a matter of
exhaustion of administrative
remedies, to afford the agency
rendering the judgment an
opportunity to correct any error it
may have committed through a
misapprehension of facts or
misappreciation of the evidence.

concerned was performed


pursuant to its quasi-judicial
function, and not when the
assailed act pertained to its rulemaking or quasi-legislative
power.
Exceptions:
(1) When the question raised is purely
legal
(2) When the administrative body is in
estoppel
(3) When the act complained of is
patently illegal
(4) When there is urgent need for
judicial intervention
(5) When the claim involved is small

The doctrine of exhaustion of


administrative remedies need not
be observed when not expressly
required by law or when the
statute providing for the
administrative remedy is merely
permissive. The rule on
exhaustion of administrative
remedies applies only where
there is an express legal
provision requiring such
administrative step as a condition
precedent to taking action in
court. It applies only where the
act of the administrative agency

(6) When irreparable damage will be


suffered
(7) When there is no other plain, speedy
and adequate remedy
(8) When strong public interest is
involved
(9) When the subject of the controversy
is private land
(10) In quo warranto proceedings

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JL (Juanico and Limpot) Notes in Administrative Law


(11) When the issues submitted have
become moot and academic

Effect of Noncompliance

Failure to exhaust administrative


remedies does not affect the
jurisdiction of the court and
merely results in the lack of a
cause of action which may be a
ground for a motion to dismiss.

If this ground to dismiss the court


action is not properly or
seasonably invoked, the court
may proceed to hear the case.
Exhaustion must be raised at the
earliest possible time, even
before filing the answer to the
complaint or pleading asserting a
claim, by a motion to dismiss.
Otherwise, such a ground for
dismissal would be deemed
waived.

A failure to exhaust
administrative remedies may also
constitute forum shopping
which would likewise result in a
dismissal of a simultaneous
resort to a regular court for
purposes of obtaining relief.

Appeal to the President

Of special interest is the question


of whether or not a decision of
the Cabinet member has to be
appealed first to the President
before it may be brought to a
court of justice. Jurisprudence
on this matter is rather
INDECISIVE.

There are two conflicting schools of


thought:
(1) Appeal to the President is not
necessary because the Cabinet member
is after all his alter ego and, under the
doctrine of political agency, the acts
of the Cabinet member are the acts of
the President.
Doctrine of Qualified Political Agency
the acts of a department secretary,
who is considered to be an alter ego of
the President, bear the implied or
assumed approval of the latter, and are
valid unless the President actually
disapproves them.
(2) Appeal to the President was the final
step in the administrative process and
therefore a condition precedent to
appeal to the courts.

forum shopping exists when


both actions involve the same
transactions, same essential
facts and circumstances and
raise identical causes of action,
subject matter and issues.

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JL (Juanico and Limpot) Notes in Administrative Law

The court has the discretion to


require the observance of the
doctrine and may, if it sees fit,
dispense with it and proceed with
the disposition of the case.

At any rate, there is a ruling to


the effect that a motion for
reconsideration must be filed
before the special civil action for
certiorari may be availed of.

administrative decision may be


appealed to the courts of justice
independently of legislative
permission or even against
legislative prohibition.
Questions of Fact

Administrative agencies
findings of fact on matters
falling under their jurisdiction
are generally accorded
respect, if not finality except
only where there is a clear
showing of arbitrariness or
grave abuse of discretion

The findings of fact of an


administrative agency must
be respected so long as they
are supported by substantial
evidence, even if such
evidence might not be
overwhelming or
preponderant.

Questions Reviewable
(1) Question of fact; and
(2) Question of law.

There is a question of fact


when the doubt or difference
arises as to the truth or the
falsehood of alleged facts. When
it comes to a question of fact,
review of the administrative
decision lies in the discretion of
the legislature, which may or
may not permit it as it sees fit.
Denial of this remedy does not
violate due process for the right
to appeal is generally not
deemed embraced in the right to
a hearing.
There is a question of law
when the doubt or difference
arises as to what the law is on a
certain state of facts. When it
comes to a question of law, the

General Rule: Factual findings of


administrative agencies, that are
affirmed by the Court of Appeals, are
conclusive upon and generally not
reviewable by the Supreme Court.
Exceptions:
(1) When the findings are grounded
entirely on speculation, surmises or
conjectures

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JL (Juanico and Limpot) Notes in Administrative Law


(2) When the inference made is
manifestly mistaken, absurd or
impossible
(3) When there is grave abuse of
discretion

(11) When the Court of Appeals


manifestly overlooked certain relevant
facts not disputed by the parties, which,
if properly considered, would justify a
different conclusion

(4) When the judgment is based on a


misapprehension of facts
(5) When the findings of fact are
conflicting
(6) When in making its findings, the
Court of Appeals went beyond the
issues of the case, or its findings are
contrary to the admissions of both the
appellant and the appellee
(7) When the findings are contrary to the
trial court

Questions of Law

Administrative bodies may be


allowed to resolve questions of
law in the exercise of their
quasi-judicial function as an
incident of their primary power
of regulation.

However, their determination on


this matter is only tentative at
best and, whenever necessary,
may be reviewed and reversed
by the courts in proper cases.

A question of law exists when


the doubt or controversy
concerns the correct application
of law or jurisprudence to a
certain set of facts; or when the
issue does not call for an
examination of the probative
value of the evidence presented,
the truth or falsehood of facts
being admitted.

(8) When the findings are conclusions


without citation of specific evidence on
which they are based
(9) When the facts set forth in the
petition as well as in the petitioners
main and reply briefs are not disputed
by the respondent
(10) When the findings of fact are
premised on the supposed absence of
evidence and contradicted by the
evidence on record

The rule that an appellate court


may only pass upon errors
assigned, as well as its
exceptions, is also applicable to
administrative bodies.

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JL (Juanico and Limpot) Notes in Administrative Law

The decision of legal questions


is an essentially judicial power
that may not be withheld or
withdrawn from the courts by
legislation as the power is
inherent in the judiciary.

As a rule, it is only the judicial


tribunal that can interpret and
decide questions of law with
finality.

The interpretation of an agency of


its own rules should be given
more weight than the
interpretation by the agency of
the law it is merely tasked to
administer.

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