MOZZARELLA NOTES – ADMINISTRATIVE LAW

CHAPTER 1 – BASIC PRINCIPLES B. EVOLUTION OF THE ADMINISTRATIVE LAW IN THE

PHILIPPINES
A. CONCEPT OF ADMINISTRATIVE LAW
 Modern society increased in population, activities, and
 ADMINISTRATIVE LAW
problems or concerns, making the response of the three
- body of law created by administrative agencies in the
branches of the government to be more difficult to cater
form of rules, regulations, orders and decisions (Black’s
the needs of the general public.
Dictionary)
 It became more expedient for the legislature to authorize
- deals with the organization and operation of the
certain special bodies to lay down the rules and regulation
government organs of the State & defines the relations of
of the matters entrusted to their jurisdiction and to apply
the State with the inhabitants of its territory (People v.
these rules in the adjudication of factual issues to be
Perfecto)
subject to broad policies intended to guide and limit them
- branch of modern law under the executive department,
in the exercise of their delegated power.
which interferes with the conduct of the individual for the
 1917 – PH’s earliest Administrative Code was enacted,
purpose of promoting the well-being of the community, as
reflecting the relationship between the Filipino people
under laws regulating public interest, professions, trades
and the colonial American regime; was revised from time
and callings, rates and prices, laws for the protection of
to time
public health and safety, and the promotion of public
 1987 – EO 292 or Administrative Code of 1987 was
convenience (Dean Roscoe Pound)
issued, for enhancing the effectiveness of the government
- fixes the organization of government and determines the
and elevating the standards of public service; this has the
competence of the administrative authorities who execute
significant principles of government structures, functions,
the law, and indicates to the individual the remedies for
procedures, and rules of governance
the violation of his rights (Professor Goodnow)
- governs the transition of the active power of the State
C. DISTINCTIONS BETWEEN ADMINISTRATION AND
from its source to the point of its application; with the
GOVERNMENT
main function being to keep the government machinery
work in orderly manner (Nasipit Integrated Arrastre & ADMINISTRATION GOVERNMENT
Stevedoring Services Inc. v. Tapucar)  Aggregate of those  Sovereign and supreme
 ADMINISTRATIVE persons in whose hands political power in a state
- acts of administration, especially management, as by the reins of government or nation
managing, conducting, directing, superintending the are for the time being  Regulation, restraint,
execution, application or conduct of persons or things  Collectivity of persons supervision, or control
- pertains to managing the affairs of the government, who actually run the which is exercised upon
implementing policies and enforcing laws government during their the individual members
of an organized jural

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – ADMINISTRATIVE LAW

legally prescribed terms society by those invested  government should do such things which by its very
of office with authority nature is better equipped to administer for the public
 Practical management &  Machinery in which the welfare than a private group or individual
direction of the sovereign power in a
executive department, or State expresses its will D. SOURCES OF ADMINISTRATIVE LAW
of the public machinery and exercises its  1987 Constitution – specific provisions impacting
or functions, or of the functions
administrative law and entities
various organs or  Framework of political
agencies institutions,  Administrative Code of 1987 – governs the regular
 Management of the day- departments, and offices, departments, bureaus, agencies, officers and
to-day operations of the by means the 3 branches personnel of the executive branch
government and the and the administrative  Other statutes establishing administrative
enforcement of laws business of the state is agencies – provides the organization, structure,
carried on powers, and functions, and quasi-judicial authority
 Rules, regulations, and procedures by
administrative entities – implementation of specific
 CONSTITUENT FUNCTIONS – compulsory functions which
or respective mandates
form the very bonds of society.
 Decisions and resolutions – coming from
 keeping of order and providing protection of persons and
controversies brought for their determination
property;
 fixing legal relations of families;  Judicial decisions by courts of law – in relation to
 regulation of holding, transmission, and interchange of administrative charters and operations of
property, and the determination of its liabilities; administrative bodies, with legality of its promulgated
regulations and determinations as well
 determination of contract rights;
 definition & punishment of crime;
 determination of political duties, privileges and relations E. NATURE OF ADMINISTRATIVE BODIES
of citizens; and  Because of the growing number of administrative
 dealings of the state with foreign powers entities created, some argue that the aggregate of
administrative agencies now constitute a fourth
 MINISTRANT FUNCTIONS – optional functions of
government designed to achieve a better collective life for the branch of the government, separate from the three
community, with these requisites: branches, however, they are construed to the
 government should do for the public elfare those executive department.
things which private capital wouldn’t naturally  Their quasi-legislative powers are exercised only as
partake an incident to their primary function of enforcing the
law. Also, their quasi-judicial nature, where they

ESTRELLA, TOM LUI M.

MOZZARELLA NOTES – ADMINISTRATIVE LAW
resolve factual or legal issues, is only pursuant to their
general power of regulation and implementation of
legislative policy.
 In short, their quasi-legislative and quasi-judicial
nature is furtherance to their primary function of
executing the law in accordance with the policies and
instructions prescribed by the legislature and subject
to corrective review by the courts.
CHAPTER TWO – CLASSIFICATION OF ADMINISTRATIVE
BODIES
 AGENCY
- department, bureau, office, commission, authority or
officer of the Government authorized by law to make
rules, issue licenses, grant rights, and adjudicate cases
- research institutions on its licensing functions
- gov’t corporations with its functions on private right,
privilege, occupation or business
- officials exercising disciplinary power
 GOVERNMENTAL AGENCY
- means by which a government acts, or a means where
a certain governmental act or function is performed
 ADMINISTRATIVE AGENCY
- carries on certain services or privileges accorded by
the government, to promote general welfare through
policy regulations, and to determine rights of
individuals in certain cases
 ADMINISTRATIVE BOARD
- carries on the functions of regulation and control over
the conduct and affairs of individuals for their own
welfare, vested with promulgating rules and
ESTRELLA, TOM LUI M.
regulations on carrying out policy of legislature on
problems it seeks to control
 DEPARTMENT
- any instrumentality having or assigned the rank of
department, regardless of name or designation
 BUREAU
- principal subdivision/unit, likewise been described
as a specialized administrative unit
 OFFICE
- any position held or occupied by an individual,
defined by law or regulation
- delegation to an individual of some of the sovereign
functions of the government, to be exercised by him
for the benefit of the public\
 GOVERNMENT INSTRUMENTALITY
- any agency of the government with special functions
or jurisdiction by law, capable of administering
special funds and enjoying operational autonomy,
usually through a charter
 REGULATORY AGENCY
- any agency vested to regulate, administer, or
adjudicate substantial rights and interests of private
persons, exercised by a collective body
 CHARTERED INSTITUTION
- any agency vested by law with functions relating to
specific constitutional policies or objectives
 GOVERNMENT-OWNED OR CONTROLLED
CORPORATION
- stock or non-stock corporation, vested with
functions relating to public needs whether
governmental or proprietary in nature, and owned
by the Government directly or through its
instrumentalities either wholly, or where applicable
MOZZARELLA NOTES – ADMINISTRATIVE LAW
as in the case of stock corporation, for purposes of
exercise and discharge of their respective powers,
functions and responsibilities with respect to such
corporations.
CHAPTER THREE – POWER OF RULE-MAKING
A. QUASI-LEGISLATIVE POWER
 power to subordinate legislation, delegated by the
legislature for administrative entities to enact rules
and regulations designed to carry out the provisions
of the law and implement legislative policy
 RULE – administrative 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
 such power refers to issuance of rules and
regulations which result from delegated legislation in
the administrative level, and settled is the legal
doctrine that rules and regulations adopted by
administrative bodies for purposes of interpreting
the law, has the force and effect of law and entitled to
great respect
 legislative power : what the law shall be
 quasi-legislative power : how the law shall be
enforced
ESTRELLA, TOM LUI M.
B. REQUISITES OF VALIDITY OF ADMINISTRATIVE
REGULATION
 MUST BE AUTHORIZED BY THE LEGISLATION
- can be gleaned from either the charter of the
administrative body or from the very law it is
required to implement
 MUST BE WITHIN THE SCOPE OF THE AUTHORITY
GRANTED BY THE LEGISLATURE
- rules issued must not be ultra vires or beyond the
parameters of the authority granted
- regulation should be germane to the objects and
purposes of the law, mustn’t be in contravention
with the it, and conform to the standards that said
statute prescribes
- authority must be limited only to carrying into
effect on what is provided in the statute
 MUST BE ISSUED IN ACCORDANCE TO
PRESCRIBED PROCEDURE
- regulation must undergo the same procedure like
the laws, like publication
- if such directive is for the purpose of resolving a
dispute or controversy between particularly
identified persons or entities, then it has the
effect of administrative adjudication, requiring
prior notice and hearing to be valid
- in the case of interpretative regulations and
letters of instructions, it is merely internal in
nature, regulating only the personnel of the
agency and not the public, thus, not requiring
publication
MOZZARELLA NOTES – ADMINISTRATIVE LAW
 MUST BE REASONABLE
- regulation must not be arbitrary and capricious
so as to violate due process of the law, must
promote general welfare, not contravene
common rights, and the method to be employed
must be reasonably related to its stated
objectives
- TEST OF REASONABLENESS: regulation can be
justified as a valid exercise of the police power,
which is the authority of the State to restrict
liberty or property for the promotion of general
welfare
C. TYPES OF ADMINISTRATIVE REGULATIONS
 LEGISLATIVE REGULATION
- issued for the purpose of supplementing the law
that the administrative agency is tasked to
enforce, or filling gaps of the statute
- nature of subordinate legislation, aimed to
effectively implementing a piece of primary
legislation by furnishing the details thereof
 INTERPRETATIVE REGULATION
- Promulgated for merely interpreting what the
law purports to mean, or clarifying the
provisions of the statute for proper observance
of people
D. REGULATIONS WITH PENAL SANCTIONS
 If such law doesn’t impose criminal penalties, it
follows the rules and regulations promulgated by
said administrative body to carry into effect the
provisions of the law cannot incorporate penal
liability
ESTRELLA, TOM LUI M.
 Only the Congress has the exclusive power to define
crimes and provide their punishment, and it cannot
be delegated to administrative bodies
 Requisites for validity of penal regulations:
 statute must provide that transgression is
punishable
 statute must mete out specific penalty for
violation of regulation
 statute must be published
E. ADMINISTRATIVE CONSTRUCTION
 CONTEMPORANEOUS CONSTRUCTION –
interpretation or construction placed upon a statute
by the executive or administrative officer called upon
to enforce or administer such statute
 INTERPRETATION BY THE ADMINISTRATIVE
OFFICER – mandated to implement the law,
embodied in circulars, directives, or opinions
 INTERPRETATION/DETERMINATION
RENDERED IN ADVERSARIAL PROCEEDINGS,
DISPUTES OR CONTROVERSIES – decisions
orders, rulings by executive officers exercising
quasi-judicial powers
CHAPTER FOUR – POWER OF ADJUDICATION
A. QUASI-JUDICIAL POWER
 authority to resolve questions of fact on which the
legislative policy is applied, based on the standards
or conditions prescribed by law
 action and discretion of public officers tasked to
investigate facts, or ascertain the existence of facts
MOZZARELLA NOTES – ADMINISTRATIVE LAW
and draw conclusions from them as basis of their
official action, and to exercise discretion of judicial
nature
 QUASI-JUDICIAL BODY – agency or instrumentality
who performs adjudicative functions affecting the
rights of private persons; primary function is to
determine claims/rights, and unless its decision is
seasonably appealed, same will attain finality and
become executory
B. QJBs ARE NOT COURTS
 Quasi-judicial bodies are neither part of the judicial
system nor considered judicial tribunals.
 Their grant of adjudicating power is justified, for it
needed to enable administrative agencies to
effectively perform their executive or regulatory
functions.
 They are permitted to interpret the law they are
charged to enforce and apply such to the facts, for its
incidental to their performance of regulation,
however, determination of questions of law is always
subject to review by the courts of justice.
C. REQUISITES FOR PROPER EXERCISE OF QUASI-
JUDICIAL POWER
 JURISDICTION MUST BE DULY REQUIRED BY THE
ADMINISTRATIVE BODY
- quasi-judicial body can acquire jurisdiction over
the person of the petitioner by its voluntary
appearance by filing a complaint, petition, or any
other initiatory pleading and paying
corresponding docket fees, if required by the
rules
ESTRELLA, TOM LUI M.
- agency can acquire the jurisdiction over the
person of the respondent by its voluntary
appearance or submission to the office or by
service of summons upon him, although
appearance may not be actual by filing the
appropriate pleadings before the quasi-judicial
body
 DUE PROCESS MUST BE OBSERVED DURING THE
CONDUCT OF ADMINISTRATIVE PROCEEDINGS
- ESSENCE: A party to a case is afforded to be heard
or an opportunity to explain one’s side, or to seek
reconsideration of an action or ruling complained
of.
- PROCEDURAL DUE PROCESS – law which hears
before it condemns, proceeds upon inquiry, and
renders judgment only after trial
- It is designed to secure justice as a living reality,
for substance must prevail over form.
D. REQUISITES OF ADMINISTRATIVE DUE PROCESS
 Right to a hearing
 Tribunal must consider evidence presented
 Decision must have evidence to support it
 Evidence supporting the decision must be
substantial, adequate enough to support a conclusion
 Decision must be rendered on presented evidence
 Adjudicating body must act on its own independent
consideration of the law and facts of the controversy
 Decision must be rendered in a manner that the
parties can know the various issues involved
MOZZARELLA NOTES – ADMINISTRATIVE LAW
E. RIGHT TO NOTICE & HEARING (WITH EXCEPTIONS)
 Right to notice and hearing is fundamental to due
process; denial of such right will nullify the
administrative proceedings.
 EXCEPTIONS:
 summary abatement of nuisance per se
 right to hearing was previously offered but was
not availed of
 preventive suspension of a public officer facing
administrative charges
 summary distrait and levy of delinquent
taxpayer’s property
 closure of unsanitary restos, and theaters
exhibiting obscene films
 cancellation of passport of a person wanted by
authorities for crime
F. RIGHT TO COUNSEL
 right afforded by the suspect or accuse during
custodial investigation; it’s not an absolute right and
may be waived
 A party in an administrative inquiry may/may not be
assisted by counsel, irrespective of nature of charges
and of respondent’s capacity to represent himself.
G. SUBSTANTIAL EVIDENCE
 such reasonable evidence as a reasonable mind might
accept as adequate to support a conclusion or to
afford a substantial basis from which the fact in issue
can be reasonably inferred, and absence of such make
the order or decision void
ESTRELLA, TOM LUI M.
H. COLD NEUTRALITY OF AN IMPARTIAL JUDGE
 Every party-litigant is entitled to nothing less than
the cold neutrality of an impartial judge, hence, once
a decision was rendered by the administrative
officer, he cannot review it, if promoted to a higher
position with review functions, the same decision on
the said case.
I. LIBERAL APPLICATION OF TECHNICAL RULES IN
ADMINISTRATIVE PROCEEDINGS
 Administrative officers are not restricted with strict
adherence to the technical rules of procedure and
evidence, but rather, are encouraged to resort to
liberally conceived remedies to facilitate the
expeditious resolution of controversies.
J. POWER TO PRESCRIBE RULES OF PROCEDURE
 Such power is implied, but in order to make it valid,
it must not violate basic rights and mustn’t encroach
constitutional prerogatives.
 With the granting of the adjudication powers, rules of
procedure must be observed in conducting its
proceedings.
K. SUBPOENA &CONTEMPT
 Both powers are judicial in nature, and therefore, not
inherent to administrative bodies.
 Appearance of witnesses and compelling to show
evidence is only when expressly conferred by law,
and must be used in connection with its quasi-judicial
functions.
MOZZARELLA NOTES – ADMINISTRATIVE LAW
L. ADMINISTRATIVE DECISIONS AND APPEAL
 DECISION – whole or any part of the final disposition,
whether affirmative, negative, or injunctive in form,
of a quasi-judicial agency in any matter
 Their orders, determinations, and decisions should
clearly and distinctly express the findings of fact and
the law on which they’re founded.
 Appeal to the final decision must be brought to the
head of the department, to be further submitted to
regular courts of justice.
M. ADMINISTRATIVE SANCTIONS
 destruction of illegal articles
 revocation/refusal to renew licenses/franchises
 summary closure of establishments found in
violation of law
 issuance of cease and desist orders
 refusal to issue clearances
 detention &deportation of undesirable aliens
 imposition of fines
N. RES JUDICATA
 final judgment rendered by a court of competent
jurisdiction on the merits is conclusive as to the
rights of the parties and their privies, which
constitutes an absolute bar to a subsequent action
involving the same claim, demand, or cause of action
ESTRELLA, TOM LUI M.
CHAPTER FIVE – JUDICIAL REVIEW OF ADMINISTRATIVE
CASES
A. AVAILABILITY OF JUDICIAL REVIEW
 REVIEW – re-examination/reconsideration for
purposes of correction
 JUDICIAL REVIEW – re-
examination/reconsideration performed by courts of
law, in the exercise of judicial power, as to the legality
or validity of decisions rendered by administrative
agencies
 Courts of justice may determine the propriety or
legality of the exercise of discretion by political
departments.
 Administrative adjudication is deemed final and non-
appealable without allowing the aggrieved party the
right to seek the regular court’s intervention, and it
may be brought in instances:
 Constitution or statute allows it
 issues or matters to be reviewed involve pure
questions of law
B. INSTANCES WHERE JUDICIAL RECOURSE IS
EXPRESSLY ALLOWED
 ART. IX-A, SEC. 7 OF 1987 CHARTER
- Final decisions of constitutional bodies maybe
brought to SC on certiorari 30 days from receipt
of copy of decision.
 SEC. 9(3) OF BP 129
- CA will have exclusive appellate jurisdiction over
all final judgments of RTC and quasi-judicial
agencies, except those falling within the appellate
jurisdiction of SC in accordance with the
MOZZARELLA NOTES – ADMINISTRATIVE LAW
Constitution, Labor Code, and Judiciary Act of
1948.
 RA 1125
- CTA may review on appeal decisions or
resolutions of the CIR, CoC, RTC involving tax
cases, CBAA, SoF on customs cases and STI and
SAg.
C. SUBJECT MATTERS OF REVIEW
 AGENCY ACTION – including whole or part of any
agency rule, order, license, sanction, relief, or its
equivalent or denial thereof
 NON-JUDICIAL AGENCY ACTION – issued in
office’s purely administrative or executive
function
 QUASI-JUDICIAL AGENCY ACTION – rendered
by the agency in the exercise of its adjudicatory
power
D. VARIOUS METHODS OF JUDICIAL RECOURSE
 INJUNCTION – issue is purely administrative act of
an administrative body or a rule and regulation
issued in the exercise of the power of rule making
 APPEAL ON PETITION FOR REVIEW –
decisions/final orders of administrative bodies
exercising quasi-judicial functions filed with CA; will
not apply to final decisions issued under the Labor
Code; must file the petition within 15 days from
receipt of decision
 PETITION ON CERTIORARI – nullify or modify an
order, resolution or decision of an administrative
agency, which acted without/in excess of jurisdiction,
or grave abuse of discretion amounting to lack of
ESTRELLA, TOM LUI M.
jurisdiction, and no appeal or any plain, speedy and
adequate remedy in the ordinary course of law; must
file within 60 days from notice of judgment; only
questions of law and errors of jurisdiction
 PROHIBITION – proceedings of any tribunal are
without or in excess of its jurisdiction or with grave
abuse of discretion amounting to lack or excess of
jurisdiction and no appeal or any plain, speedy and
adequate remedy in the ordinary course of law,
alleging the facts with certainty before proper court,
praying the proceedings to desist further; must be
accompanied with certified true copy of judgment,
copies of all pleadings relevant and pertinent thereto,
and sworn certification of non-forum shopping; only
issues affecting the jurisdiction of the tribunal
involved may be examined and determined on the
basis of undisputed facts
 MANDAMUS – tribunal unlawfully neglects the
performance of an act the law specifically enjoins as
a duty resulting from an office, or unlawfully excludes
another from the use & enjoyment of the right or
office to which such other is entitled, and no appeal
or any plain, speedy and adequate remedy in the
ordinary course of law, compelling the other party to
do the act required and pay the damages sustained;
must contain sworn certification of non-forum
shopping; not available to control discretion, but may
issue to compel to do a ministerial act
E. PROCEDURE UNDER THE ADMINISTRATIVE CODE
 Filing a notice of appeal before the agency who
rendered the assailed order within 15 days from
receipt of decision
MOZZARELLA NOTES – ADMINISTRATIVE LAW
 Copies will be served upon the agency and other
parties involved, containing concise statement of
issues involved, ground relied, with a true copy of
order appealed with copies of portions of the records
and other supporting documents
 Aggrieved party may file motion for reconsideration
within 15 days after receiving the final decision. If
reversed, appellant will have 15 days from receipt of
resolution to perfect appeal
 Review proceeding will be filed on court specified by
statute, or any court of competent jurisdiction in
absence thereof
 Review is based on record taken as a whole, with
findings of fact supported with substantial evidence
shall be final, except if specifically provided by law
 Agency shall transmit to the court within 15 days
from service of petition the original or certified true
copy of the entire records of the proceeding under
review
F. EXHAUSTION OF ADMINISTRATIVE REMEDIES
 Aggrieved party can bring an administrative decision
for review by a court of law only after showing that
all available remedies within the administrative
machinery have first been exhausted.
 If adequate remedy has been provided, but
fails/refuses to avail himself the same, the court will
decline to interfere, for the law presumes that if
administrative superiors are given the opportunity,
they can rectify the errors committed by subordinate
officers.
ESTRELLA, TOM LUI M.
 Failure to exhaust remedies will not affect court’s
jurisdiction, but it merely results in lack of cause of
action to be used as a ground for a motion to dismiss.
 Exceptions on exhaustion:
 only question to be settled is a purely legal
one;
 urgent necessity of the court to intervene to
not nullify the aggrieved party’s claim;
 act or violation in case is patently illegal;
 administrative agency is in estoppel;
 great & irreparable injury will be caused to
the aggrieved party;
 matter/claim involved is too minor small,
that exhaustion will be oppressive;
 case is impressed with strong public interest;
 appeal to higher administrative authorities
won’t afford a plain, speedy, or adequate
remedy;
 subject is not part of public domain;
 controversy is moot and academic; and
 case involves quo warranto proceedings
G. QUALIFIED POLITICAL AGENCY
 President is the final step in the administrative
process, and therefore, a pre-requisite to seeking
judicial review.
 Appeal to Chief Executive is no longer required
because the cabinet secretary is his/her alter ego,
applying doctrine of qualified agency.
MOZZARELLA NOTES – ADMINISTRATIVE LAW

H. PRIOR RESORT OR PRIMARY JURISDICTION

 Primary jurisdiction requires that a litigant must seek
relief in an administrative proceeding before an
administrative board who will take cognizance over
the controversy administrative in nature, before
aiming to redress from the court, even though such
court has jurisdiction on the case.
 If claim is originally cognizable by the court, and its
enforcement requires resolution of issues, judicial
process should be suspended pending referral of such
claim to the administrative agency.

I. FACTUAL QUESTIONS
 Findings of fact by administrative entities on subject
matters within the ambit of their authority, supported
with substantial evidence, are entitled to great
respect.

J. LEGAL QUESTIONS
 Resolution of legal issues is judicial in nature, hence,
only judicial bodies can finally interpret and resolve
legal questions.
 Factual questions are for administrative officials to
resolve, but legal questions are for the courts to
determine.

-------------------------END OF MIDTERMS-------------------------------

ESTRELLA, TOM LUI M.