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Holy Spirit v. Defensor Ocampo v.

Office of the Ombudsman and Eclipse

- A petition for prohibition is not the proper - Administrative due process cannot be fully
remedy to assail an IRR issued in the exercise of equated with due process in its strict judicial
a quasi-legislative function. sense.
- Where the principal relief sought is to invalidate
an IRR, petitioners remedy is an ordinary action Ysmael v. Deputy Executive Secretary
for its nullification, an action which properly
- The rule of res judicata forbids the reopening of
falls under the jurisdiction of the RTC.
a matter determined by competent authority
Eastern Shipping Lines v. POEA acting within their exclusive jurisdiction.

- 2 accepted tests to determine WON there is a Cebu Oxygen v. Drilon

valid delegation of legislative power:
- Implementing rules cannot provide for a
1. Completeness test – the law must be
prohibition not contemplated by the law.
complete in all its terms and conditions
Administrative regulations must harmonize with
when it leaves the legislature such that
the law and not unduly expand it. An
when it reaches the delegate, the only thing
administrative agency cannot amend an act of
he will have to do is enforce it.
2. Sufficient Standard Test – there must be
adequate guidelines or stations in law to Romulo v. Home Mutual Development Fund
map out the boundaries of the delegate’s
authority and prevent the delegation from - Rules and regulations, which are the product of
running riot. a delegated power to create new and additional
legal provisions that have the effect of law,
Southern Cross v. Cement Manufacturers should be within the scope of statutory
authority granted by the legislature to the
- Implementing rules should conform, not clash,
administrative agency
with the law that they seek to implement, for a
regulation which operates to create a rule out APCD v. PCA
of harmony with the statute is a nullity.
- The government reserves the power to
CIR v. Vda. De Prieto intervene whenever necessary to promote the
general welfare and when public interest so
- A rule or regulation that was issued to
implement a law may not go beyond the terms
and provisions of the law. Tanada v. Tuvera
GSIS v. CSC, 202 SCRA 799 - Interpretative regulations and those merely
internal in nature, that is, regulating only the
- The grant to the tribunal or agency of
personnel of the administrative agency and not
adjudicatory power, or the authority to hear
the public, need not be published.
and adjudge cases, should normally and
- All statutes, including those of local application
logically be deemed to include the grant of
ad private laws, shall be published as a
authority to enforce or execute the judgment it
condition for their effectivity.
thus renders, unless the law otherwise
provides, for authority to decide cases is inutile Lumiqued v. Exevea
unless accompanied by the authority to see that
what has been decided is carried. - The right to counsel is not indispensable to due
process unless required by the Constitution or
Arboleda v NLRC the law.
- The essence of due process in administrative
proceedings is an opportunity to explain one’s
side or seek reconsideration of the action or
ruling complained of.
BOC v. dela Rosa Smart Communications v. NTC

- In order that the doctrine of res judicata may be - In questioning the validity or constitutionality of
applied in cases of citizenship, the following a rule or regulation issued by an administrative
must be present: agency, a party need not exhaust administrative
1. A person’s citizenship must be raised as a remedied before going to court.
material issue
2. SG or his authorized representative took Garcia v. CA
active part in the resolution thereof
- Filing a petition for certiorari, prohibition, and
3. The finding of the citizenship must be
mandamus, while administrative proceeding is
affirmed by the SC
ongoing, constitutes a premature action.
Euro-Med v. Province of Batangas
Crusaders v. NTC
- The doctrine of primary jurisdiction holds that if
- The doctrine of primary jurisdiction prevents a
a case is such that its determination requires
court from arrogating unto itself the authority
the expertise, specialized training and
to resolve a controversy which falls under the
knowledge of an administrative body, relief
jurisdiction of a tribunal possessed of a special
must first be obtained in an administrative
proceeding before resort to the courts is had,
even if the matter may well be within their SSS v. Bathan-Velasco
proper jurisdiction.
- Absent a showing that petitioner had availed of
Smart Communications v. NTC and exhausted the appropriate administrative
remedies, a premature resort to courts would
- Quasi-legislative or rule-making power is the
result in the dismissal of the petition.
power to make rules and regulations which
results in delegated legislation that is within the Sotto v. Jareno
confines of the granting statute and the
doctrine of non-delegability and separability of - Failure to observe the doctrine of exhaustion of
powers. administrative remedies does not affect the
jurisdiction of the Court. We have repeatedly
Central Bank of the Philippines v. Cloribel stressed this in a long line of decisions. The only
effect of non-compliance with this rule is that it
- Where the function of administrative body is
will deprive the complainant of a cause of
legislative, notice or hearing is not required by
action, which is a ground for a motion to
due process of law.
dismiss. If not invoked at the proper time, this
Lupanco v. Court of Appeals ground is deemed waived and the court can
take cognizance of the case and try it.
- It is an axiom in administrative law that
administrative authorities should not act Castro v. Sec. Gloria
arbitrarily and capriciously in the issuance of
- The principle of exhaustion of administrative
rules and regulations. To be valid, such rules
remedies need not be adhered to when the
and regulations must be reasonable and fairly
question is purely legal. This is because issues of
adopted to secure the end in view. If shown to
law cannot be resolved with finality by the
bear no reasonable relation to the purposes for
administrative officer.
which they are authorized to be issued then
they must be held to be invalid. San Miguel v. Sec. of Labor
- As to administrative agencies exercising quasi-
judicial or legislative power, there is an
- Only decisions of administrative bodies in underlying power in the courts to scrutinize the
exercise of quasi-judicial power are subject to acts of such agencies on questions of law and
exhaustion of administrative remedies. jurisdiction even though no right of review is
given by the statute.