QJA/ Administrative Appeal

REVIEW- the rule is otherwise provided by law or by an E.O until the final
order of the admin agency may be taken to the head or department head
whose decision may be brought to a regular court.
Doctrine of Political Agency- the acts of the sec is the considered the acts of
the pres. It will not prevent you from filling a motion for recon at the office of
the president unless otherwise provided by the law.
Res Judicata/ elements
GR: Admin decisions are not considered res judicata as to preclude its
subsequent decision or revocation w/c means that if you have an admin
decision it does not refer to res judicata. The reason why is because accdg to
the elements, the judgment must be rendered by the courts .Admin
decisions/judgments are rendered by the admin agency. RJ elements is
lacking.
As to the admin procedure, REVIEW- The reconsideration or the
reexamination of a decision of an officer by the superior officer by the higher
admin authority
In REVIEW, it must be done by a HIGHER ADMINISTRATIVE AUTHORITY OR
AGENCY
GR: Evidence not formally submitted during the hearing b4 an admin agency
may not be submitted to the 1st time on appeal and the reviewing admin
body may not consider. Same manner in court. Unless on certain
circumstances.
Important under QJProceedings is the observance of due process.
*CARDINAL PRINCIPLES/ PRIMARY REQUIREMENTS OF DUE PROCESS
UNDER ADMIN PROCEEDINGS (REFER TO BOOK)
RIGHT TO HEARING- right of a person to submit evidence in support of his
claim
Prior notice and hearing NECESSARY when the law so requires
TRIBUNAL MUST CONSIDER THE EVIDENCE PRESENTED
DECISION MUST HAVE SOMETHING TO SUPPORT ITSELF
EVIDENCE MUST BE SUBSTANTIAL (means an evidence as a reasonable man
might accept as adequate to support conclusion) [NOTE: Preponderance of
evidence is as to the quantity *padamihan kayo)
DECISION MUST BE BASED ON THE EVIDENCE PRESENTED AT THE HEARING
XXX TRIBUNAL JUDGMENT MUST BE XXX
DECISION- final disposition whether affirmative xxx
No decision shall be rendered therein without expressing the statement and
facts of the law by w/c it is based in the same manner (admin agency should
do so)
Requirement of publication? YES. What kind of publication not in the OG but
there is a requirement that a decision must be open to the public and should

be transparent. Publication is sufficient if served to another party or to the

adverse party.
A QJA can grant a particular relief or impose a particular sanction only if
where the law authorizes the agency to do so or the evidence presented or
the facts adduced are substantially justified.
DISTINCTION OF PRIMARY JURISDICTION AND EXHAUSTION OF
ADMINISTRATIVE REMEDIES
(See book)
The court and the administrative agency are not equal
Though the court can take cognizance into an admin case/ authority to
decide the case, the court will tell the plaintiff to go back to the admin
agency and let the latter decide on the matter first.
The admin agencys function (likewise to the Exec.) is to enforced and
implement the law. The admin agency has a specialization that can
resolve the issue. Why? Because they are granted and authorize to
implement and enforced w/c means as a matter of enforcement and
implementation it is w/n the admins agency authority or
specialization. Thats why they have the primary jurisdiction BECAUSE
THE LAW PROVIDES SO.
In PJ court and admin agency have jurisdiction over a case. In EAR the
court has no jurisdiction yet.
EXHAUSTION OF ADMIN REMEDIES. The court does not have the
jurisdiction yet because the case must be first be cognizable to the
admin. Agency. There is still a requirement to. If you fail to exhaust
your remedies, dismissal
PJ: the regular courts and the admin agency both have the jurisdiction
over the case. EAR: the regular courts does not have the jurisdiction
ONLY the admin agency.
Kailan mag-file ng kaso? Aalamin mo muna yung PJ or EAR?
EAR: DISMISSAL/ PJ: SUSPENDED
EAR/PJ: refer to new cases
Exemptions to EAR

GR: There is no appeal to the president because based on the

Doctrine of qualified political agency, the decision of the head
of the agency, dept./ secretary is considered the decision of
the president EXCP: If the law so provides (no other recourse then go
to the Pres.)

Judicial review: two questions that can be reviewed

Distinction between question of fact and question of law

Limitation to judicial review

What is law on public officer (refer to the book) refers to the office
and the person occupying the office.

Laws that governs Law on P.O

Define public office

P.office is not a property nor personal right
Appointment: made by the head of the agency/department
Appointments/ elected officers provided by the consti
Qualification of appointing officer:possession of qualities or
skills inherent to function and
ENDOWMENT, BEING A QUALITY, ELIGIBILITY TO THE PUBLIC
OFFICE
ENDOWMENT ENSURES THE PROPER EXERCISE OF THE
FUNCTIONS
WHAT ARE THE OTHER QUALIFICATIONS
De facto officer
Accidental vacancy- when the incumbent is not related by any
other mode other than expiration of the term, r
WHO MAY PRESCRIBED THE QUALIFICATIOns