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Nachura Notes Administrative Law

Party be afforded reasonable opportunity to be heard and to submitany evidence he may have in support of the
defense.
In administrative proceedings, it means the opportunity yto explainones side or opportunity to seek a
reconsideration of the action or ruling complained of; a formal or trial-type hearing is not, at alltimes, necessary.
Requirement of notice and hearing in termination cases does not connote full adversarial proceedings, as actual
adversarial proceedings become necessary only for clarification or when there is a need to propound searching
questions to witnesses who give vague testimonies.

Procedural right which employee must ask for since it isnot an inherent right.

Summary proceedings may be conducted -

Administrative due process dies not necessarily require the assistance of counsel.-

In a request for extradition, the prospective extradite does not face a clear and present danger of loss of property or
employment, but of liberty itself.

He is entitled to the minimum requirements of notice and opportunity to be heard.-

The standard of due process that must be met in administrative tribunals allows acertain latitude as long as the
element of fairness is not ignored; even in theabsence of previous notice, there is no denial of due process as long as
the partiesare given the opportunity to be heard.-

Administrative due process:1.

opportunity to be heard 2.

opportunity to seek reconsideration3.

opportunity to explain ones side-

Substantial evidence: such relevant evidence as a reasonable mind might accept asadequate to support a conclusion
which is the quantum of proof necessary to prove a change in an administrative case-

To be heard does not mean only verbal agreements in court, one may also beheard through
pleadings.Administrative Determinations where Notice and Hearing are NOT necessary for due process1.

grant of provisional authority for increased rates or to engage in a particular lineof business2.

summary proceedings of distraint and levy upon the property of a delinquenttaxpayer 3.

cancellation of passport, no abuse of discretion4.

summary abatement of a nuisance per se which affects the immediate safety of persons/property5.

preventive suspension of a public officer/employee pending investigation of administrative chargesRight Against


Self-Incrimination5

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Administrative charge of unexplained wealth which may result inforfeiture of the property

Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine

Right may be invoked at the time he is called as a witness

If he voluntarily takes the witness stand, he can be cross-examined, but hemay still invoke the right at the time the
question which calls for ananswer which incriminates him of an offense other than that which ischarged is
asked.Power to Punish Contempt is Inherently Judicial1.

conferred by law and 2.

administrative body is engaged in performance of its quasi- judicial powersAdministrative Decisions not Part of the
Legal System

no vested right

could not place government in estoppelAdministrative Appeal and Review1.

higher or superior administrative body2.

President/ Department Secretaries by virtue of the power of Control3.

appellate administrative agencyDoctrine of res judicata

Decisions and orders of administrative agencies have upon their finality, the forceand effect of a final judgment
within the purview of the doctrine of res judicata.

Conclusive upon the rights of the affected parties as though the same had beenrendered by a court of general
jurisdiction.

Forbids the reopening of a matter once determined by competent authority actingwithin their exclusive jurisdiction.

Applies to adversary administrative proceeding

Does NOT apply in administrative adjudication relative to citizenship

Exception: Zita Ngo Burca vs. Republic1.

question of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a
full-blownhearing2.

active participation of the SolGen3.


finding made by the administrative body on the citizenship issue isaffirmed by the SC-

LLDA: regulatory and quasi-judicial power in respect to pollution cases and matters affecting the construction of
illegal fishpens, fish cages and other aqua-structures in Laguna de Bay; may issue cease and desist orders-

DECS Regional Director: return to work order; administrative charges; constitutean investigating panel6

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Nachura Notes Administrative Law (Kiddy)
-

Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices-

Department of Energy: electric power -

Home Insurance Guarantee Corporation(HIGC): disputes involving homeownersassociation


III. EXHAUSTION OF ADMINISTRATIVE REMEDIES
Doctrine-

Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all
such remedies have been availed of and exhausted.Reasons1.

if relief is first sought from a superior administrative agency, resort to courts may be unnecessary2.

administrative agency should be given a chance to correct its error 3.

principles of comity and convenience4.

judicial review of administrative decisions is usually made through special civilactins, which will not normally
prosper if there is another plain, speedy and adequate remedy in the ordinary course of law

Only decision of administrative agencies made in the exercise of QUASI-JUDICIAL and ADJUDICATORY
POWERS are subject to the rule onexhaustion.

Constitutionality/validity of a rule or regulation in the performance of quasi-legislative function

regular courts have jurisdictionCorollary Principle1.

Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction

No Where there is competence or jurisdiction vested upon an administrative bodyto act upon a matter, no resort to
the courts may be made before suchadministrative body shall have acted upon the matter.

Conversion of subdivision lots

HLURB

Enforcement of forestry laws

DENR

Issuing license to radio stations

NTC

Disputes arising from construction contracts

Construction Industry ArbitraryCommission

Agricultural lands under the coverage of CARP

DAR

Effluents of a particular industrial establishment

Pollution Adjudication Board 2.

Doctrine of Finality of Administrative Action

No resort to the courts will be allowed unless the administrative action has beencompleted and there is nothing left
to be done in the administrative structure.7

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A party aggrieved must not only initiate the prescribed administrative proceeding, but must pursue it to its
appropriate conclusion before seeking judicialintervention.Effect of Failure to Exhaust Administrative Remedies-

Jurisdiction of court is NOT affected -

Complainant is deprived of a CAUSE OF ACTION which is a ground for MTD-

If no MTD is filed, deemed a waiver Exceptions1.

Doctrine of
Qualified Political Agency
(alter ego doctrine)2.

Administrative remedy is
fruitless
3.

Estoppel
on the part of the Administrative Agency4.

Issue involved is
purely a legal question
5.

Administrative action is
patently illegal
6.

Unreasonable delay
or official inaction7.

Irreparable injury or threat


, unless judicial recourse is immed