ADMINISTRATIVE LAW NOTES: KEY TERMS AND CONCEPTS

ADMINISTRATIVE LAW NOTES by Agpalo 1
Chapter 1 – Introductory o Instrumentality - refers to any agency of

1.02 Generally the National Government, not integrated
• Administrative Law (in general) – embraces all within the department framework vested
the law that controls, or is intended to control, within special functions or jurisdiction by
the administrative operations of government law, endowed with some if not all corporate
• The 1987 Administrative Code covers those of powers, administering special funds, and
o Internal Administration – considers the enjoying operational autonomy, usually
legal aspects of public administration through a charter. This term includes
o External Administration – refers to the regulatory agencies, chartered institutions
legal relations between administrative and government-owned or controlled
authorities and private interest corporations.
• Incorporated agencies or instrumentalities -
1.03 Kinds of Administrative Law sometimes with and at other times without
• Administrative law is of four kinds: capital stock, are vested by law with a juridical
1. Statutes setting up administrative personality distinct from the personality of the
authorities Republic. (Examples: National Power
2. Body of doctrines and decisions dealing Corporation, Philippine Ports Authority, National
with the creation, operation and effect of Housing Authority, Philippine National Oil
determinations and regulations of such Company)
administrative authorities • Non-incorporated agencies or
3. Rules, regulations, or orders of such instrumentalities – are those not vested with a
administrative authorities in pursuance of juridical personality distinct from the Republic,
the purposes for which administrative endowed by law with some if not all corporation
authorities were created or endowed powers (Example: Sugar Regulatory
4. Determinations, decisions, and orders of Administration- it is not a GOCC but is an
such administrative authorities in the agency under the Office of the President)
settlement of controversies arising in their • When the expiring agency is an incorporated
particular fields one, the consequences of such expiry must be
• Administrative Functions – are those which looked for, in the first instance, in the charter of
involve the regulation and control over the that agency and, by way of supplementation, in
conduct and affair of individuals for their own the provisions of the Corporation Code
welfare and the promulgation of rules and • When the statutory term of a non-incorporated
regulation to better carry out the policy of the agency expires, the powers, duties and functions
legislature or such as are devolved upon the as well as the assets and liabilities of that agency
administrative agency. revert back to, and are re-assumed by, the
Republic of the Philippines, in the absence of
1.04 Administrative framework special provisions of law specifying some other
• At the apex of the administrative framework of disposition thereof
the Republic of the Philippines is the • Chartered institution - refers to any agency
Government of the Republic organized or operating under a special charter,
• Government of the Republic of the and vested by law with functions relating to
Philippines – refers to the corporate specific constitutional policies or objectives. This
governmental entity through which the functions term includes the state universities and
of the government are exercised throughout the colleges, and the monetary authority of the
Philippines, including, save as the contrary state.
appears from the context, the various arms
through which political authority is made 1.05 Creation and Abolition of Agencies
effective in the Philippines, whether pertaining to • Administrative agencies, boards and
the autonomous regions, the provincial, city, commissions are public offices
municipal or barangay subdivisions or other • Public Office - refer to the right, authority and
forms of local government. duty, created and conferred by law, by which, for
• Included in the Government are: a given period either fixed by law or enduring at
o Agency of the Government - refers to any the pleasure of the creating power, an individual
of the various units of the Government, is invested with some portion of the sovereign
including a department, bureau, office, functions of government, to be exercised by that
instrumentality, or government-owned or individual for the benefit of the public.
controlled corporation, or a local • Two concepts of Public Office – (1) as a
government or a distinct unit therein. functional unit of government and (2) as a
Aranas, Balcueva, Belista, Bugay, Dela Cruz, Fausto, Hernandez, Merrera, Pascual SY: 2016-2017
position held or occupied by individual persons, • The most common types of administrative
whose functions are defined by law bodies:
• Public office is a public trust 1. Those created to function in situations
• All administrative agencies or bodies other than wherein the government is offering some
those established by the Constitution (President, gratuity, grant, or special privilege (Board
ConCom, COMELEC, CSC, COA, Office of the on Pensions for Veterans, Philippine
Ombudsman, NEDA, CHR and NPC) are created Veterans Administration, SSS, GSIS)
by statutes or by officers or tribunal authorized 2. Those set up to function in situations
by Congress to do so expressly or impliedly. wherein the government is seeking to carry
• The legislature may decide for itself what on certain functions of government (BIR,
offices are suitable, necessary or convenient. Civil Service Commission, Central Bank,
Bureau of Immigration)
1.06 Power to reorganize includes power to create 3. Those set up to function in situations
or abolish offices wherein the government is performing
• The legislature usually exercises the power to some business service for the public
create or abolish by delegating it to the President (Bureau of Posts, Philippine National
or to another executive officer or body. Railways, Metropolitan Waterworks and
• The means by which the legislature makes the Sewage Authority, Civil Aeronautics
delegation is by authorizing reorganization Administration)
• Reorganization – is the process of restructuring 4. Those set up to function in situations
the bureaucracy’s organizational and functional wherein the government is seeking to
set-up, to make it more viable in terms of regulate business affected with public
o economy, interest; (Fiber Inspection Board,
o efficiency and Philippine Patent Office, Office of the
o make it more responsive to the needs of its Insurance Commissioner)
public clientele as authorized by law 5. Those set up to function in situations
• Reorganization: (1) by law directly or (2) wherein the government is seeking under
indirectly by authorizing an executive the police power to regulate private
department or agency business and individuals; (SEC, Board of
• The legislative power to reorganize and to Food Inspectors, PRC, MTRCB)
abolish offices applies to all offices, including 6. Those agencies set up to function in
lower courts, except only those created by the situations wherein the government is
Constitution itself seeking to adjust individual controversies
because of some strong social policy
1.07 Reason for the creation of administrative involved. (NLRC, Women and Minor
agencies Bureau, Court of Agrarian Relations)
• Administrative agencies keep multiplying as 7. Those agencies set up to function in
problems of modern society keep growing situations where the government is seeking
• The reason why there has been a need for, and to conduct investigations and gather
growing number of, specialized administrative evidence for information,
agencies are as follows: recommendations, or prosecution of crimes
1. To unclog dockets. Specialized agencies (CHR, NBI, Prosecutor’s Office)
have been created to hear and decide
particular disputes to relieve courts of the
burden of resolving all controversies.
2. To meet the growing complexities of
modern society. Administrative agencies
are established to promptly cope up with
problems of modern society.
3. To help in the regulation of ramified
activities of a developing country
4. To entrust to specialized agencies in
specified fields with their special
knowledge, experience and capability the
task of dealing with problems thereof as
they have the experience, expertise and
power of dispatch to provide solutions
thereto
CHAPTER 2 – POWERS OF • There must be delegation of such authority,

ADMINISTRATIVE AGENCY either express or implied. Absence of valid
gran, they are devoid of power.
• GR: Doctrine of separation of powers prohibits
the delegation powers
XPN: to adapt itself to the complexities of • Jurisdiction to hear and decide cases, which
modern government involves the exercise of adjudicatory power, is
conferred only by the constitution or by
• Administrative agency fall under executive statute.
department.
• Jurisdiction cannot be:
• Administrative agencies have powers or
functions which are administrative and
sometimes ministerial in character as well as
quasi-legislative or quasi-judicial power, as o fixed by agreement of the parties
may be conferred by the constitution or by law.
o Waived
• They have only such powers as are expressly
o Enlarged or diminished
granted to them by law and those necessarily
implied in the exercise thereof. o Implied from the language of
statute in absence of clear
2 M O S T I M P O RTA N T P O W E R S O F
legislative intent
ADMINISTRATIVE OFFICERS:
o Construed that which is not
o Quasi-Legislative – enables them
conferred
to promulgate implementing rules
and regulations Ministerial Power
o Quasi-Judicial - enables them to ➢ One which is so clear and specific as to
interpret and apply such regulation leave no room for the exercise of
discretion in its performance
➢ Discharge of the same requires neither

• Liberal construction in determining whether
the exercise of official discretion or
administrative agency has powers is adopted to
judgment
enable administrative agencies to discharge their
assigned duties in accordance with the legislative ➢ Mandamus may lie to compel
purpose or intent. performance
Express Power Purely Ministerial Act or Duty
➢ Public official exercises power within ➢ One which an officer or tribunal
the law which grants it. performs in a given state of facts, in a
prescribe manner, in obedience to the
Implied Power
mandate of legal authority, without
➢ Implied in the wordings of the law regard to the existence of his own
judgement, upon the propriety or
➢ Locate in the statute relied upon a grant impropriety of the act done.
of power before he can exercise it
Discretionary Power When mandatory or directory?
➢ The law imposes a duty upon a public Directory

officer, and gives him the right to decide
how or when the duty shall be ➢ when a particular provision of a statute
performed. relates to some immaterial matter, as to
which compliance with the statute is a
➢ Petition for certiorari may lie when matter of convenience rather than substance
there us grave abuse of discretion
amounting to lack of jurisdiction on the ➢ where the directions of a statute are given
part of the official or administrative merely with a view to the proper, orderly
agency and prompt conduct of business
➢ GR: discretion entrusted to a public ➢ no substantial rights depend on it

officer may not be delegated on the
➢ no injury can result from ignoring it
presumption that he was chosen because
he was deemed fit and competent to ➢ can be accomplish in a manner other than
exercise that judgement or discretion that prescribed with substantially same
result
XPN: unless the power to substitute
anothier in his place has been given to Mandatory
him.
➢ provisions relating to the essence of the
thing to be done is matter of substance
Mandatory Statute ➢ statute shows that the legislative intended a
compliance with such provision to be
➢ Statute which commands either positively
essential to the validity of the act or
that something be done or performed in a
proceeding
particular way, or negatively that something
be not done. ➢ when some antecedent and prerequisite
conditions must exist prior to the exercise of
➢ Leaving the person concerned no choice on
the power
the matter except to obey
➢ or must be performed before certain other
➢ Omission to follow to follow will render it
powers can be exercised
illegal and void or make decision invalid.
Errors in Exercise of Powers
Directory Statute
• Mistakes of government personnel in
➢ Statute which is permissive or discretionary
performance of their duties should not affect
in nature and merely outlines the act to be
public interest.
done in such a way that no injury can result
from ignoring it or that purpose may be • Government can subsequently correct the
accomplished in manner other than prescribe mistake or the erroneous application of the
and would obtain same result. law.
➢ Nonperformance of what prescribe, though • Unauthorized acts of government officials
constituting in some instances an irregularity are not the act of the state.
or subjecting the official to disciplinary or
administrative sanction will not vitiate the • Government is not bound by the errors
proceedings. committed by its agents.
• Officer sued in his private or personal

capacity for acts done beyond the scope of
his authority or for unlawful acts while
discharging official function, cannot invoke
doctrine of state immunity.
Presumption of Regularity
• Government officials are presumed to

perform their functions with regularity and
strong evidence is necessary to rebut this
presumption.
• Acts done in the performance of duties are

protected by the presumption of good faith
• Even mistakes committed by public officers

are not actionable as long as it is not shown
that they were motivated by malice or gross
negligence amounting to bad faith.
CHAPTER III valid and performed in behalf of the

President and should thus be accorded due
POWER OF CONTROL, SUPERVISION AND respect.
INVESTIGATION
Functions of the Executive Secretary
Executive Power of the President
The power of: • He attests executive orders and other
• Control over all executive departments, presidential issuances unless attestation is
bureaus and offices; specifically delegated to other officials by
• Execute the laws; him or by the President;
• The appointing power; • Assists the President in the administration of
• The powers under the commander-in-chief special projects;
clause; • And perform such other functions as the
• Grant reprieves, commutations and pardons; President may direct.
• Grant amnesty with the concurrence of • “By authority of the President”, can modify,
Congress; alter, or set aside acts or rulings of a
• Contract or guarantee foreign loans; department secretary as he acts for and on
• Enter into treaties or international behalf of the President.
agreements;
• Submit the budget to the Congress; Limitations on the President’s control power
• And the power to address Congress
1. The abolition or creation of an executive
Power of Control office;
2. The suspension or removal of career
• It means the power to alter or modify or executive officials or employees without due
nullify or set aside what a subordinate process of law;
officer had done in the performance of his 3. The setting aside, modification, or
duties and to substitute his judgment with supplanting of decisions of quasi-judicial
that of the latter. agencies, including that of the Office of the
• The presidential power of control over the President, on contested cases that have
executive branch of the government extends become final pursuant to law or to rules and
to all executive officers from cabinet regulations promulgated to implement the
secretary to the lowliest clerk in the law.
executive department.
• Implies the right of the President to interfere Vested right
in the exercise of such discretion as may be
vested by law in the officers of the executive • Private rights, which have become vested,
departments, bureaus, or offices of the may not be unsettled or disturbed.
national government, as well as to act in lieu
of such offices. GR: Erroneous construction of a law by an
• Can also supplant the rules by another set administrative or executive officer whose duty is to
entirely different from those issued by his enforce it may not give rise to a vested right, nor
subordinate. estop the government by such mistake.
Doctrine of Qualified Political Agency EXC: Reliance in good faith and when a person
complies with what the law requires as construed by
• President’s power of control is directly the administrative officer, his right, which accrued
exercised over the members of the Cabinet therefrom, may not be disturbed.
who, in turn, and by his authority, control
the bureaus and other offices under their • Exercise of Control merely applies to the
respective jurisdictions in the executive acts of the subordinate and not over the actor
departments. or agent himself.
Executive Secretary • The power may extend to the power to

investigate, suspend or remove officers and
• Acts or contracts executed by the Executive employees who belong to the executive
or Deputy Executive Secretary “By department if they are:
Authority of the President” are presumed
1) Presidential appointees and the suspension and • Specifically, administrative supervision is

removal is with due process of law; limited to the authority of the department or
its equivalent to:
2) Do not belong to the classified service for such can 1. Generally oversee the operations of such
be justified under the principle that the power to agencies and insure that they are managed
remove is inherent in the power to appoint, but not effectively, efficiently and economically but
with regard to those officers or employees who without interference to day-today activities;
belong to the classified service for as to them that 2. Require the submission of reports and cause
inherent power cannot be executed. the conduct of management audit,
performance evaluation and inspection to
President’s Power of Supervision determine compliance with policies
standards and guidelines of the departments;
• Overseeing or the power to see that the 3. Take such action as may be necessary for the
officials concerned perform their duties, and proper performance of official functions,
if they later fail or neglect to fulfill them, to including rectification of violations, abuses
take such action or steps as prescribed by and other forms of mal-administration;
law to make them perform their duties. 4. Review and pass upon budget proposals or
such agencies but may not increase or add to
• It does not include any restraining authority them.
over such body.
Power of Investigation
• To monitor means “to watch, observe or
check.” • Limited only to information gathering, as
basis to recommend appropriate action by
Control, supervision and review by other the other government agencies or to focus
executive officials public opinion on matters of vital concern;
other agencies are granted power to
• The department secretary exercises control, investigatory powers for prosecution
supervision and reviews acts done by the purposes; still other exercise investigatory
subordinate officials and employees in his powers in aid in the exercise of other powers
department. granted to them.
• The power of supervision does not allow the • The enabling act defines the extent of such
superior to annul the acts of the subordinate, investigatory powers.
what he can only do is to see to it that the
subordinate performs his duties in
accordance with the law.
• Review is a reconsideration or re- Notice and Hearing in Investigation
examination for purposes of correction.
• The power to review includes the power to • If the law, upon which the investigation is
disapprove; but it does not carry the authorized, provides that the person
authority to substitute one’s own preferences investigated be given notice or accorded the
for that chosen by the subordinate in the opportunity to be heard, then such right
exercise of its sound discretion. cannot be ignored nor he be denied notice
• Under the 1987 Administrative Code, and hearing without violating the due
supervision and control include only the process. However, if the law is silent on the
authority to: matter, the question as to whether or not a
a) Act directly whenever a specific function is person who may be affected or called to
entrusted by law or regulation to a answer depends upon the stage of the
subordinate; proceeding and the possible outcome of such
b) Direct the performance of duty; restrain the investigation.
commission of acts;
c) Review, approve, reverse, modify acts and Executive power of investigation
decisions of subordinate officials or units;
d) Determine priorities in the execution of • For purposes of administrative functions,
plans and programs; rule making, adjudication, and for purposes
e) Prescribe standards, guidelines, plans and no more than illuminating obscure areas to
programs find out what if anything should be done.
Executive Order No.4 creating the Presidential • An administrative officer/employee charged

Agency on Reforms and Government Operations is entitled only to be informed of the charges
(PARGO) with the following functions and against him, to a hearing, to an opportunity
responsibilities: to meet evidence against him and to present
his evidence and to be furnished with copy
a) To investigate all activities involving of the decision, so that he may, desire to
affecting immoral practices, graft and appeal therefrom to the Civil Service
corruption, smuggling (physical or technical, Commission with 15 days from notice.
lawlessness, subversion, and all other
activities which are prejudicial to the Investigatory power as main function
government and the public interests, and to
submit proper recommendations to the • Limited to investigating the facts and
president of the Philippines. making findings in respect thereto.
b) To investigate cases of graft and corruption
and violations of Republic Act Nos. 1379 Test to determine whether administrative body is
and 3019, and other necessary evidence to exercising judicial function or not:
establish prima facie, acts of graft and
acquisition of unlawful amassed wealth. Whether or not the agency is authorized to make a
c) To receive and evaluate, and to conduct fact- final pronouncement affecting the parties.
finding investigations of sworn complaints
against acts, conduct or behavior of any
public official or employee and to file and
prosecute the proper charges with
appropriate agency.
Fact-finding Committee
• In the exercise of his investigatory power the
President may do so thru an executive
officer, or create a body or committee to
conduct the investigation, empower said
officer, body or committee to issue subpoena
and subpoena duces tecum for the purpose,
and to make recommendations, on the basis
of which will make his appropriate action.
Investigatory powers, as incidents of main

function
• Administrative agencies, which have been

granted by law with executive, quasi-
legislative and quasi-judicial powers have
also investigatory powers in aid or as
incidents of the exercise of such powers, as
means to make the performance of the latter
effective.
Inquisitive power
• Known as examining or investigatory power,

which enables the administrative agency/
body to exercise its quasi-judicial authority.
• This allows to inspect the records and
premises and investigate or require
disclosure of information by means of
accounts, records, reports, testimony of
witnesses, production of documents, or
otherwise.
CHAPTER 4 – QUASI-LEGISLATIVE POWER ❖ Ordinance Power
Legislative Power o In the form of Presidential

Issuances. They include:
➢ Power to make, alter and repeal laws
Executive Orders
➢ Vested in the Congress of the Philippines
➢ Acts of the president providing for a
o GR: Senate and House of rules of general or permanent character
Representative in implementation or execution of
constitutional or statutory powers.
o XPN: initiative and referendum
Administrative Orders
➢ Legislative power is plenary for all purpose
of civil government, subject only to ➢ Acts of the president which relates to
limitations found in the constitution. particular aspects of governmental
operations in pursuance of his duties as
➢ Essential feature: is the determination of the administrative head
legislative policy and its formulation and
promulgation as a defined and binding rule Proclamations
of conduct.
➢ Acts of the president fixing a date or
GR: Doctrine of separation of power prohibits the declaring a statute or condition of public
delegation of purely legislative power. moment or interest, upon the existence
of which the operation of a specific law
XPN: Constitution itself makes the delegation of or regulation is made to depend
legislative power to the President, Supreme Court,
and the Local Government units. Memorandum Orders
Delegation of legislative power to the President ➢ Acts of the president on matters of

administrative detail or of subordinate
❖ Emergency Power or temporary interest which concerns a
o particular officer or office of the
Sec. 23 (2) of Art. VI, in times of
government
war or other national emergency,
the congress may, by law, authorize Memorandum circulars
the president, for a limited period
and subject to restriction as it may ➢ Acts of the president on matters relating
prescribe, to exercise powers to internal administration which the
necessary and proper to carry out a president desires to bring to the
declared national policy. attention of all or some of the
departments, agencies, bureaus or
❖ Tariff Power
offices of the government, for
o information or compliance.
Sec. 28(2) Art. VII, It is the power
of the president to fix within General or specific orders
specified limits, and subject to such
limitations and restrictions as it ➢ Acts and commands of the president in
may impose, tariff rates, import and his capacity of the Armed Forces of the
export quotas, tonnage and Philippines
wharfage dues, and other duties or
impost within the framework of the
national development program of
the government.
Delegation of legislative power to the Supreme ▪ Ordinance is then submitted to the city
Court mayor , who within 10 days shall
approve or veto
❖ Promulgate rules of procedure
▪ If does not return within time
❖ Repeal procedural laws prescribe, it shall be deemed approved
• Those which prescribe the method of enforcing ▪ S. Panlungsod may, by 2/3 vote of all
rights or obtaining redress for their invasion. members, repass a vetoed ordinance
• Parts of statutes which deals with procedural ▪ Approved ordinance is submitted to S.
aspects can be modified or repealed by the Panlalawigan for review within 30
Supreme court. days , otherwise it will be deemed
valid
Delegation of legislative power to local
governments
• The constitution granted local government unit o Sungguinang Bayan – Municipality

the “power to creat its own sources of revenue
and to levy taxes, fees, and charges subject to ▪ Power to enact municipal ordinances
such guidelines and limitations as the congress
may provide, consistent with the basic policy of ▪ Vote of majority, there being quorum,
local autonomy is necessary for the passage of any
ordinance
• Local legislative power shall be exercised by
the: ▪ Ordinance is then submitted to the
municipal mayor , who within 10
o Sangguniang Panlalawigan – Province days shall approve or veto
▪ As legislative body of a province, may ▪ If does not return within time

by vote of majority, there being prescribe, it shall be deemed approved
quorum , enact ordinances affecting
the province ▪ S. Bayand may, by 2/3 vote of all
members, override the veto of mayor
▪ Ordinance is then forwarded to the
governor who, within 15 days, shall ▪ The approved ordinance is then
return it with approval or veto. submitted to the S. Panlalawigan for
review.
▪ If not return, it will be deemed
approved ▪ S. Panlalawigan may, within 30 days,
invalidate it in whole or in part, and its
▪ Vetoed ordinance may be repassed by action shall be final
S. Panlalawigan by 2/3 vote of all its
memebers. ▪ If it does not take action, it shall be
presumed consistent with law and
thefeore valid.
o Sangguniang Panlungsod – City
▪ Power to pass city ordinances o Sangguniang Barangay – Barangay
▪ Vote of majority, there being quorum, ▪ Smallest legislative body

is necessary for the passage of any
ordinance
▪ It may pass an ordinance affecting a Rule-making

barangay by majority of all its
members ➢ Agency process for the formulation,
amendment, or repeal of a rule.
▪ Barangay ordinance is subject to
review of sangguniang bayan and Rule making power of administrative agency
sangguniang panlungsod to
➢ Power to issue rules and regulations
determine whether it is consistent with
which result from delegated legislation
the law or with municipal or city
in the administrative level
ordinance.
▪ S. bayan and S. panlungsod shall take

action within 30days from submission • Rules and regulation promulgated in
pursuance of the authority conferred upon
▪ If it does not take action within the
the administrative agency by law, partake of
period, it is presumed consistent with
the nature of statute.
law and deemed approved.
• Thay have force and effect of a law
▪ If it finds out that ordinance is
inconsistent, it shall return to S. Administrative Function
Barangay for adjustment, amendment,
or modification. ➢ Those which involve regularization and
control over the conduct and affair of
individual for their own welfare and the
• promulgation of rules and regulations to
The prohibition against delegation of
better carry out the policy of the
legislative power does not embrace every
legislature
power the legislature may properly exercise.
➢ Includes rule making power
• What the doctrine of separation of power
precludes is the delegation of those power
which are strictly or inherently and Quasi-Legislative Quasi-Judicial
exclusively legislative. Past transaction and
Operates in future circumstances
• The reason is the increasing complexity of
modern life and many technical fields of Generally particularly
governmental functions. requires notice and
does not require notice hearing or at least the
• Growing inability of the legislature to cope and hearing opportunity to be heard
directly with the many problems demanding
its attention
• Specialization even in legislation becomes

necessary • If the nature of the administrative agency is
essentially legislative, the requirement of
Rule
notice and hearing is not necessary because
➢ Any administrative agency statement of vested rights of liberty or property are not
general applicability that implements or involved.
interprets a law, fixed and describes the
Adjudication
procedures in, or practice requirements
of, an agency not affecting the rights of, ➢ A determination of rights, privileges, and
or procedure available to, the public. duties by an administrative agency resulting
in a decision or order which applies to B. DELEGATION OF LEGISLATIVE POWER

specific situations or to specific persons or
entities or pertains exclusively to named Delegation of legislative power; reasons therefore.
entity
Delegation of legislative power
• the grant of authority by the legislature to
➢ Premised on a finding of facts or on a report administrative agencies to issue rules and
of its inspector on which the order is based. regulations concerning how the law entrusted to
them for implantation may be enforced.
3 types of rule-making powers of administrative • it has become more frequent, if not necessary.
agency: • it has become the rule and non-delegation of
legislative power has become the exception.
1. Rule-making by reason of particular
delegation of authority Power of subordinate legislation
• delegated authority to issue rules and regulations to
▪ Refers to the power to issue rules carry out the provisions of the stature.
and regulation which have the force • with this power, administrative agencies may
and effect of law implement the broad policies laid down in a statute
by:
a. filling in the details which the congress
may not have the opportunity or competence
to provide.
2. Rule-making by the construction and
interpretation of a statute being administered Reason for the delegation of legislative power:
1. increasing complexity of the task of government
▪ Refers to the power of 2. growing inability of legislature to cope directly
administrative agencies to interpret with the myriad problems demanding its attention
and construe the statutes entrusted 3. growth of society has ramified its activities and
to them for implementation created peculiar problems that legislature cannot
reasonably comprehend.
3 kinds of interpretation: 4. specialization on legislation has become
necessary
1. Interpretation as incident of the 5. legislature may not have competence to provide
execution of law the required direct and efficacious specific
solutions.
6. delegates are supposed to be experts in particular
2. Interpretation handed down by the
fields assigned to them.
secretary of justice upon request of a
government agency or official What cannot be delegated.
3. I n t e r p r e t a t i o n i n a d v e r s a r y Doctrine of Separation of Powers

proceedings • prohibits the delegation of that which is purely
legislative in nature which consists of:
a. power to make the law
b. determine what the law shall be
3. Determination of facts under a delegated c. alter or repeal the law
power as to which a statute shall go into d. power to declare whether or not there
effect shall be a law
e. determine the purpose or policy to be
Refers to the ascertainment of facts achieved by law
▪
f. fix the limits within which the law shall
which will form the basis for the operate
enforcement of a statute
What may be delegated.
• the legislature may delegate the following:
a. the discretion as to how the law shall be
enforced
b. to issue rules to fill in details
c. to ascertain facts on which the law will

operate Usual issues on validity of delegation
d. to exercise police power 1. Against the delegating statute itself
e. to fix rates • refers to the question as to whether or not the
requisites of valid delegation are present, namely:
• to be valid, it must pass the completeness and completeness test and sufficient standard test.
sufficiency of standard test. • if any one of requisites absent, statute making the
delegations is unconstitutional.
2 Test to determine validity of delegation 2. Against the exercise of the delegated power.
1. Completeness test • whether or not the rule or regulation conforms with
• law must be complete in all its terms and conditions what the statute provides
when it leaves the legislature • whether the same is reasonable.
• when it reaches the delegate, the only thing he will • if rule expands or restricts the statute or is unjust or
have to do is to enforce it. unreasonable the same is invalid.
• a statute may be complete when the subject,
manner, and extent of its operation are stated in it. Rules and Regulations, generally.
• it must describe: what must be done, who must do • they are the product of subordinate legislation.
it, and the scope of his authority • in order to be valid, the administrative rules and
regulations must be:
2. Sufficient Standard Test a. germane to the objects and purpose of law
• there must be a reasonably adequate, sufficient, and b. conform to the standards that the law
definite guidelines or limitations in the law to map prescribes
out the boundaries of the delegate’s authority and c. must be reasonable and fairly adopted to
prevent the delegation from running riot. secure the end in view.
• the standard may be express or implied. d. related solely to carrying into effect the
• the standard may be found in: general provisions of the law.
a. the framework of statute under which the e. must not contradict the law
act is to be performed f. limited to what the law provides.
b. may inhere in its subject matter or
purpose Regulations cannot restrict nor enlarge the law.
c. and a clearly defined field of action may • implementing rules cannot add to or detract from
implicitly contain the criteria which must the provisions of the law it is designed to
govern the action. implement.
d. other pertinent legislation • it must be in harmony with the provisions of the
e. executive order law they are intended to carry into effect.
f. field of law governing the operations of • the cannot widen its scope
the agency. • cannot amend an act of congress
• when is standard sufficient? No uniform example: 13th Month Pay Law: in basic salary,
application of standard. General standards held commissions are excluded in computing 13th month
to be sufficient and adequate in specific cases pay. An administrative rule including commission in
cannot be uniformly used to sustain validity of computation of 13th month pay is invalid as it unduly
rules or orders. expands the scope of law.
• Whether standard is sufficient or adequate
depends upon the nature of the statute, issue
raised, and facts obtaining. Rules constituting an offense.
• Standard fixed cannot be enlarged or • administrative bodies have authority to issue
restricted. Where law sets a standard, the admin administrative regulations which are penal in nature
agency concerned cannot add thereto and justify where the law itself makes the violation of the
the exercise of the delayed power on the basis of administrative regulation punishable and provides
all enlarged standards. for its penalty.
• when standard is insufficient, the statute is null • the admin agency tasked to execute the law has no
and void. power to penalize violation of its rules and
regulations because the making of an act a crime is
* both tests are intended to prevent total transference purely legislative, which the legislature cannot
of legislative authority to the delegate, who is nor delegate.
allowed to step into the shoes of the legislature and
exercise a power essentially legislative.
b. fix the limits within which the discretion

Requisites for Validity of Administrative Rules With may be exercised.
Penal Sanctions: c. and define the conditions therefor.
1. law itself must declare as punishable the
violation of administrative rule or regulation; *absent these requirements law will be void,
2. law should define or fix penalty therefor; and former being undue delegation of legislative power
3. rule/regulation must be published. and latter being exercise of rule making without legal
basis.
When rules take effect

• 15 days following their completion of their
publication in the official gazette, unless otherwise Prohibition against re-delegation; exceptions.
provided.
Doctrine of protestas delegata non delegari protest
• “otherwise provided” means shorter or longer
period may be fixed by law from publication, when • literally means, what has been delegated cannot be
the law will take effect. delegated.
• based on ethical principle that such a delegated
1. Publication power constitutes not only a right but a duty to be
performed by the delegate through the
• must be in full or it is no publication at all since
purpose is to inform the public of its contents. instrumentality of his own judgement and not
through the intervening mind of another.
• must be made as soon as possible to give effect to
the law. • further delegation of such power would negated the
duty in violation of the trust reposed in the delegate
• No need to be published:
a. interpretative regulations and those mandated to discharge it directly.
merely internal in nature(regulating personnel of • example: power to classify a movie lodged in a
admin agency and not the public) board, board cannot delegate such power to its
b. and letters of instruction issued by admin chairman. For as a rule a delegated power cannot
superiors be delegated but must be exercised by the person or
body tasked by law to exercise it.
• what should be published?
a. all statutes including those of local
application and private laws GR: the power conferred upon an admin agency to
b. charter of a city (notwithstanding that it which the administration of a statute is entrusted to
applies to only a portion of national issue such regulations and orders as may be deemed
territory and directly affects only the inhabitants of necessary or proper in order to carry out its purposes
that place. and provisions may be adequate source of authority
2. Rules and Regulations be filed with the UP Law to delegate a particular function, unless by express
Center of the University of the Philippines. provisions of the Act it has been withheld.
• every agency shall file 3 certified copies of every
rule adopted by it. Subdelegation of power
• Up Law Center shall furnish 1 free copy pf every • has been justified by sound principles of
issue of the bulletin to office of President, organization which demand that those at the top be
Congress, all appellate courts, and National able to concentrate their attention upon the larger
Library. and more important questions of policy and
practice, and their time freed from the
consideration of the smaller and far less important
Delegation to ascertain facts. details.
• congress may delegate to admin agency the power • the rule that requires an admin officer to exercise
to ascertain facts as basis to determine when a law his own judgement and discretion does not preclude
may take into effect or whether a law may be him from utilizing as a matter of practical
suspended or come to an end. administrative procedure, the aid of subordinates to
investigate and report to him the facts, on the basis
• this is not delegation of “what the law shall be”, but
“how the law will be enforced”, which is of which the officer makes his decision.
permissible. • it is sufficient that the judgement and discretion
finally exercised are those of the officer authorized
• the law delegating the power to determine some
facts upon which the law may take effect or its by law.
operation suspended, must have the ff • actual decision remains with and is made by said
requirements: officer.
a. provide the standard
Delegation of rate-fixing power. C. CONTEMPORARY CONSTRUCTION

• such power is delegated to admin agencies for the
latter to fix the rates which public utility companies A d m i n i s t r a t i v e r u l e a n d i n t e r p re t a t i o n
may charge the public. distinguished.
• admin agency perform this function either by:
a. issuing rules and regulations in the Administrative promulgation of rule
exercise of quasi legislative power • admin agency promulgates rules and regulations, in
b. issuing orders affecting a specified person the exercise of its rule making power delegated by
in the exercise of quasi-judicial power. legislature.
• the statute making the delegation must be complete • it makes a new law with the force and effect of a
and must fix a sufficient standard. valid law.
• the only standard which legislature is required to
prescribe for guidance of the administrative Rules and regulations
authority is that the rate be reasonable and just. • when promulgated in pursuance with the authority
conferred by law, partake the nature of a statute.
• compliance therewith may be enforced by a penal
Rate fixing: quasi-legislative or quasi-judicial; sanction provided in the law.
when hearing required. • are the product of a delegated power to create new
• whether issuance of rule or order by an admin body or additional legal provisions that have the effect of
requires notice and hearing depends upon the law.
nature of power exercised- whether quasi- • a rule is binding on the courts so long as the
legislative or quasi-judicial. procedure fixed for its promulgation is followed
• GR: notice and hearing not essential to validity of and its scope is within the statutory authority
administrative action where admin body acts in the granted by legislature, even if courts are not in
exercise of executive, administrative, or legislative agreement with the policy stated therein or its
functions innate wisdom.
• the function of prescribing rates by admin agency
may either be:
Administrative interpretation of law
a. quai-legislative function • when it renders an opinion or give a statement of
• grant of prior notice and hearing to the affected policy, it merely interprets a pre-existing law.
parties is not a requirement of due process. • is at best merely advisory for it is the courts that
• when rules/rates laid down by an administrative finally determine what the law means.
agency are meant to apply to all enterprises of a • enactment entrusted to an admin body.
given kind throughout the country (quasi-legislative
in character)
• acts are general and prospective Executive construction, generally; kinds of.
• executive and administrative officers are generally
b. adjudicative function or quasi-judicial the very first officials to interpret the law,
• prior notice and hearing are essential to the validity preparatory to its enforcement. these interpretations
of such rates. are in the form of:
• rules and rates imposed apply exclusively to a a. rules and regulations
particular party, based upon finding of fact. (quasi- b. circulars
judicial in character) c. directives
• acts are particular and immediate d. opinions
e. rullings
Power to fix rate cannot be re-delagated. 3 Types of Executive Interpretations of the law:
• in the absence of law authorizing it, cannot be 1. Construction by an executive or administrative
delegated to another. officer directly called to implement the law.
• this is expressed in the maxim, protestas delegata • may be:
non delegari protest. Literally, what has been a. express interpretation- an interpretation
delegated cannot be delegated. embodied in a circular, directive, or regulation.
b. implied interpretation- a practice or mode

of enforcement of not applying the statute to certain
situations or of applying it in a particular manner. It is
interpretation by usage or practice.
construction by admin or exec departments of

2. Construction by the Secretary of Justice in his government.
capacity as the chief legal adviser of the government. • an action by an admin agency may be set aside by
• it is in the form of opinions issued upon request of the judicial department if there is an error of law,
administrative or executive officials who enforce abuse of power, lack of jurisdiction or grave abuse
the law. of discretion clearly conflicting with the letter and
• In the absence of judicial ruling on matter and spirit of the law.
unless reprobated by President, the opinions of
Secretary of Justice is generally controlling among
administrative and executive officials of Publication is not required on:
government. a. Rules which are merely interpretations
• However, the president or executive secretary by of the law or of the regulations issued to
authority of president has power to modify, alter, or implement the law.
reverse the construction of a statute given by a b. Internal rules concerning the personnel of
department secretary, in the exercise of president’s the administrative agency and
power of control over executive departments. c. legal opinions
3. Interpretation handed down in an adversary

proceeding in a form of a ruling by an executive Weight accorded to contemporaneous(existing
officer exercising quasi-judicial power. during the same time) construction.
• The principle that contemporaneous construction of
a statute by the executive officers of the
Forms of interpretation. government, whose duty is to execute it, is entitled
• the construction and interpretation of admin or exec to great respect in the interpretation of a statute
agencies may take many forms, which may be in because some ministers or heads of executive
the form of rules, circulars, directives, and ministries are also members of Batasang Pambansa
opinions. They are sometimes comprehended which is presumed that they knew the legislative
within the term administrative practice intent and reflected that intent in his construction of
• Formal and Informal interpretation or practical the law.
construction of an ambiguous or uncertain statute • where there is doubt as to proper interpretation of a
of law by the executive department or other agency statute, uniform construction placed upon it by the
charged with its administration of enforcement is executive and admin officer charged with its
entitled to consideration and the highest respect enforcement will be adopted.
from the courts, and must be accorded appropriate
weight in determining the meaning of the law, Contemporaneous Construction
especially when the construction or interpretation • is very probably the true expression of the
is: legislative purpose, especially if the construction is
a. long continued and uniform or is followed for a considerable period of time.
contemporaneous with the first workings • An admin construction not necessarily binding
of statute upon courts. May be disturbed if error in law, abuse
b. when enactment of statute was suggested of power etc.
by such agency • In the absence of error or abuse or power or lack of
c. when construction has received implied jurisdiction or grave abuse of discretion clearly
legislative approval by: conflicting wth letter or spirit of legislative
i. failure to change a long standing enactment creating or charging a government
administration interpretation agency, action of agency would not be disturbed by
ii. as by making significant addition the courts.
to the statute with full knowledge
agency’s interpretation.
iii. without amending it to depart Construction of rules and regulations.
from the agency’s views • Rules and regulations issued by exec or admin
officers pursuant to and as authorized by law have
Administrative practice the force and effect of laws.
• includes any formal or informal act of the admin • An admin agency has the power to interpret its own
agency by which it construes, interprets, or applies rules and such interpretation becomes part of the
the law. rules.
• in the absence of a previous judicial interpretation • Unless such interpretation is shown to be
of a statute by SC, courts will accord weight to erroneous, unreasonable, or arbitrary, such
interpretation is entitled to recognition and respect act of the admin officer as an agent of legislature on
from courts, as no one is better qualified to the implementation of the law.
interpret the intent of the regulation than the
authority that issued it. Implied legislative approval
• where legislature has knowledge or notice of a
Reasons why contemporaneous construction is construction placed upon a statute by an exec
given much weight. officer, without repudiating it, its silence is
• because exec officials are presumed to have equivalent to consent to continue the practice.
familiarize themselves with all the considerations
pertinent to the meaning and purpose of the law.
• due to the fact that there is an agreement between
two departments- the executive and the legislative- Reenactment by legislature.
to the meaning of the law, and it evolves upon the • reenacted rules and regulations is accorded greater
judiciary to give it a differential treatment. weight and respect than the contemporaneous
construction of the statute before its ratification
Doctrine of respect for administrative or practical based on the theory that:
Construction - legislature is acquainted with
• the respect due the government agency or officials contemporaneous interpretation of
charged with the implementation of the law, their: statute, especially when made by an
a. competence admin body or exec officer charged
b. expertness wth duty to administer or enforce the
c. experience law, therefore adopts the interpretation
d. informed judgement upon reenactment.
e. and the fact that they are frequently the
drafters of the law they interpret. Doctrine of Legislative Approval by Re-enactment
f. that the agency is one which legislature • the rules and regulations promulgated by the
must rely to advise it as to the practical proper administrative agency implementing the law
working out of the statute, and practical are deemed confirmed and approved by the
application of the statute. Legislature when said law was re-enacted by later
g. agency has unique opportunity and legislation or through codification. The Legislature
experience for discovering deficiencies, is presumed to have full knowledge of the contents
inaccuracies, or improvements in the of the regulations then at the time of re-enactment.
statute. • most common act of legislative approval.
• reenacted it in substantially the same language.
L e g i s l a t i v e a p p ro v a l o r a d m i n i s t r a t i v e To make the principle of reenactment applicable, the
construction earlier law must:
• the legislature may, by action or inaction, approve a. must have been reenacted not merely
or ratify such contemporaneous construction. amended.
• such approval may be manifest in many ways, was b. contemporaneous construction must be in
when: a form of regulation to implement the law
a. it reenacts a statute previously given a c. duly published not merely admin ruling
contemporaneous construction embodied in a letter to a specific individual and not
b. use words similar in their import to the published.
language of an earlier law which has received
practical interpretation.
c. amends a prior statute without, in the Contemporaneous construction disregarded when:
amending act, providing anything which would a. there is no ambiguity in the law
restrict , change or nullify the previous b. construction is clearly erroneous (null and void)
contemporaneous construction placed upon the prior c. strong reason to the contrary exists
law. d. where court has previously given the statute a
d. legislative ratification or adoption of a different interpretation.
contemporaneous construction may be shown by
appropriating money for the officers designated to • role of judiciary is to refine and when necessary to
preform task pursuant to an interpretation of a statute. correct constitutional or statutory interpretation on
e. the repeated appropriation by legislature the context of interaction of the 3 branches of
for hearing officers not only confirms the government.
administrative construction but also ratification of the
Erroneous construction creates no rights; not

absolute.
• GR: an erroneous contemporaneous construction
creates no vested right on the part who relied upon
and followed such construction.
- A vested right may not arise from a wrong
interpretation of a law by an admin or exec
officer whose primary duty us to enforce and
not construe the law.
• Exception: rule not absolute. It admits exceptions
in the interest of justice and fair play.
- particularly true in tax cases. tax payer
faithfully paid obligation. taxpayer may not
be required to pay additional tax during the
period the said circular had not been
rescinded by a subsequent circular correcting
erroneous interpretation.
• if thru misapprehension of the law, an executive or

admin officer called upon to implement it has
erroneously applied and executed it, error may be
corrected when the true construction is ascertained.
• Doctrine of estoppel does not preclude correction
of the erroneous construction by the officer himself,
by his successor in office or by court. Government
also not estopped by mistake or error on part of its
agents.
CHAPTER 5 presupposes compliance with such

requirements before such final order is
5.79. Definition issued.
Quasi-judicial - Quasi-judicial agencies, in exercise of their
- A term applied to the actions or discretions quasi-judicial power, perform functions
of public administrative officers or bodies similar to those of courts of justice.
required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw 5.82. Distinguished from administrative function.
conclusions from them, as a basis of their - An administrative body is NOT a quasi-
official action, and to exercise discretion of a judicial body. It is still an administrative
judicial nature. body exercising a function which is
principally administrative or executive in
Quasi-judicial nature.
- An organ of government other than a court
and other than a legislature, which exercises 5.83. Distinguished from quasi-legislative
adjudicative power affecting the rights of functions.
private persons - Quasi-adjudication adjudication:
- Basic function: to adjudicate claims and/or A determination of rights, privileges and
determine rights. Decision attains finality duties by an administrative agency resulting
and becomes executory, unless it is appealed in a decision or order affecting a named
to the proper reviewing authority. person and becoming final and executory
after the lapse of a certain period.
5.80. Quasi-judicial power, generally. - Distinction between a rule or regulation
Judicial action issued by an administrative agency in the
- Adjudication upon the rights of parties who exercise of its:
in general or brought before the tribunal by 4. Quasi-judicial power: notice and hearing
notice or process, and upon whose claims are required
some decision or judgment is rendered. 5. Quasi-legislative power: notice and hearing
are NOT necessary.
Exercise of judicial function - Judicial action to question a decision of a
- to determine what yhe law is, and what the quasi-judicial agency in the exercise of its
legal rights of parties are, with respect to a quasi-judicial power is filed with CA
matter in controversy. - Action to challenge the rules and regulations
issued by an administrative agency to
Judicial power implement the law is file with the RTC
- The authority vested in some court, officer,
or persons to hear and determine when the 5.84. Reasons for creation of quasi-judicial
rights of persons or property or the propriety agencies.
of doing an action is the subject matter of - As a result of the growing complexity of the
adjudication. modern society, to help in the regulation of
its ramified activities.
5.81. Quasi-judicial adjudication - Specialized in the particularly fields
- Accomplished by: assigned to them, they can deal with the
1. Ascertainment of all the material and problems with more expertise and dispatch.
relevant facts from the pleadings and from - To help unclog the court dockets
the evidence adduced by the parties - To enable the court to decide more cases
2. By the application of the law thereto to the falling within its jurisdiction
end that the controversy may be settled
authoritatively 5.85. Voluntary arbitrator a quasi-judicial officer.
- Adjudication: an agency process for the - Arbitration: the reference of a dispute to an
formulation of a final order, which impartial 3rd person for determination on
the basis of evidence and arguments 5.88. Re-statement of the rule.

presented by the parties who have bound - The extent of judicial or quasi-judicial
themselves to accept the decision. It may be powers which an administrative agency may
VOLUNTARY or INVOLUNTARY. exercise if defined by law.
- Voluntary arbitration: referral of a dispute - The grant of quasi-judicial power should not
by the parties pursuant to a voluntary be the only power conferred, but should
arbitration clause or agreement to an instead be only incidental to the
impartial 3rd person or panel for a final administrative agency’s main task of
resolution. implementing the law in the specific fields
- Involuntary arbitration: one compelled by of its expertise.
the government to accept the resolution of
the dispute through the arbitration of a 3rd 5.89. Estoppel to deny jurisdiction.
party. - The general rule is that jurisdiction over the
- By the nature of his functions, a voluntary subject matter is conferred by the
arbitrator acts in quasi-judicial capacity. Constitution or by law, and may not be
conferred by agreement of the parties, nor
B. JURISDICTION can it be waived.
5.86. Definition 5.90. Party cannot take inconsistent positions.

- Jurisdiction: the power of the court to - A party litigant cannot take a position in
entertain, hear, and determine certain court different from that which he took
controversies, and render judgment thereon. before an administrative body.
- Jurisdiction is determined by the statute in
force at the time of the commencement of 5.91. Rules of Procedure, generally.
the action. - The Constitution empowers quasi-judicial
- Jurisdiction over the subject matter: agencies to issue their own rules of
nature of the cause of action and the relief procedure.
sought, which is vested by law. - Every quasi-judicial body or agency has its
- Jurisdiction over the person of the own rules of procedure, which the body or
plaintiff: acquired by the latter’s filling the agency issues as guides in its adjudication of
initiatory pleading and paying the required cases filed with it.
docket of filling fees. - Rules of procedure issued by quasi-judicial
- Jurisdiction over the person of the bodies must not diminish, increase, or
defendant: acquired by the service of modify substantive rights.
summons or by his voluntary submission to - The Rules of Court are suppletory to rules of
the authority of the court or tribunal. procedure of quasi-administrative agencies.
5.87. Extent of jurisdiction. 5.93. Technical rules not applicable.

- An administrative agency or officer can - The technical rules of procedure and of
exercise only such powers as are expressly evidence prevailing in courts of law and
granted as well as those which are equity are not controlling in administrative
necessarily implied therefrom. proceedings.
- The quantum of judicial or quasi-judicial - Substantial evidence: such relevant evident
powers which an administrative agency may as a reasonable mind might accept as
exercise is defined in the enabling act of adequate to support a conclusion.
such agency. - Purpose: to free administrative boards or
- The grant of quasi-judicial power includes agencies from the compulsion of technical
the authority to determine issues incident rules so that the mere admission of matter
thereto. which would be deemed incompetent in
judicial proceedings would not invalidate an
administrative order.
-
5.95. Justiciable controversy; contested case. 5.100. Pre-trial conference.
- There must be an appropriate case which - Some rules of procedure of quasi-judicial
involves a justiciable controversy before an agencies require that before a contested case
administrative agency adjudicate a is scheduled for hearing, a pre-trial
controversy. conference, either formal or informal, is held
- That controversy must be raised by the party among the parties to the case.
entitled to maintain the action. He is the - Purpose: possibility of an amicable
person to whom the right to seek judicial settlement, simplification of the issues, the
redress or relief belongs which can be possibility of obtaining stipulations or
enforced against the party correspondingly admissions of facts and of documents to
charged with having been responsible for. avoid unnecessary proof.
- Contested case: any proceeding, including -
licensing in which the legal rights, duties or 5.101. Default in administrative case.
privileges asserted by specific parties as - Default: failure to file a responsive pleading,
required by the Constitution or by law are to failure to appear in any hearing, or failure to
be determined after hearing. present evidence, in any of which instances
the hearing may proceed in his absence
5.96. Institution of proceedings. without violating the party’s right to due
- Proceedings are instituted by the filing of a process.
complaint or petition.
- A pleading is verified by an affidavit that the 5.102. Administrative proceeding hearing.
affiant has read the pleading and that the - Administrative proceeding involves:
allegations therein are true and correct of his 1. Taking and evaluation of evidence
knowledge and belief. 2. Determining facts based upon the evidence
- Rule against forum-shopping applies to presented
quasi-judicial proceedings. 3. Rendering an order or decision supported by
the facts proved.
5.97. Forum shopping.
- Forum shopping: the improper practice of 5.103. Subpoena and contempt of court.
going from one court to another in the hope - Subpoena: a process directed to a person
of securing a favorable relief in one court requiring him to attend and testify at the
which another court has denied or the filling hearing or trial of the action or at any
of the repetitious suits or proceedings in investigation conducted under the laws of
different courts concerning substantially the the country.
same subject matter. - Subpoena duces tecum: an order to
produce specified documents, and the same
5.98. Test to determine forum shopping. is issued upon application of a party by
- Whether the elements of litis pendentia are showing clear and unequivocable proof that
present or whether a final judgment in one the documents sought to be produced
case will amount to res judicata in the other. contain evidence relevant and material to the
- There is FS where there are identity of issue before the agency.
parties or interests represented, rights
asserted and relief sought in different 5.105. Hierarchy of evidence values.
tribunals. - Proof beyond reasonable doubt: the
- Res judicata requires that: logical and inevitable result of the evidence
- 1. There be a decision on the merits on record, exclusive of any other
- 2. By a court of competent jurisdiction consideration or moral certainty, or that
- 3. Decision is final degree of proof which produces conviction
- 4. The two actions involved identical parties, in an unprejudiced mind.
subject matter and cause of action.
- Clear and convincing: measure or degree ➢ That the decision or ruling be supported by
of proof which will produce in mind of trier substantial evidence.
of facts a firm belief or conviction as to the
Due process requires not only notice and hearing, but
allegations sought to be established.
also the consideration by the administrative tribunal
- Preponderance of evidence: evidence
of the evidence presented.
which is of greater weight or more
convincing than that which is offered in The essence of due process in administrative
opposition to. proceedings is the opportunity to explain one’s
- Substantial evidence: such relevant side or a chance to seek reconsideration of the
evidence as a reasonable mind might accept action or ruling complained of.
as adequate to support a conclusion. It is
A party who has been notified of the hearing but
more than a scintilla but may be somewhat failed to attend the same or refrained from
less that preponderance.
participating in the agency proceedings cannot
complain that he has been denied due process.
D. Due Process in Quasi-Judicial Proceeding.
Cold-neutrality of impartial judge
5.109. Generally. ➢ A critical component of due process is a
- Due process consists of 2 concepts: hearing before an impartial and disinterested
substantive and procedural tribunal.
- Substantive due process: requires that the
law itself, not merely the procedures by ➢ Every litigant is entitled to nothing less than
which the law would be enforced is fair, the cold neutrality of an impartial judge.
reasonable and just. Responsiveness to the
supremacy of reason, obedience to the ➢ A reviewing official or body tasked to
dictates of justice. resolve an appeal must refrain from
- Procedural due process: Method or manner participating in reviewing any decision
by which the law is enforced. Consists of the rendered or concurred by him in another
2 basic rights of notice and hearing, as well official capacity.
as the guarantee of being heard by an
impartial and incompetent tribunal. Prior notice and hearing required
- Non-observance of these rights will
➢ If the statute requires prior notice and
invalidate the proceedings.
hearing, then the administrative agency or
officer must comply with the due process
requirements as a condition for the validity
of its acts.
Quasi- Judicial Power
Requisites of Due process in administrative ➢ The notice shall be served at least 5 days
proceedings: before the date of the hearing and shall state
➢ That there be an impartial tribunal the date, time and place of hearing.
constituted to determine the right involved.
➢ That the due notice and opportunity to be
heard be given. When prior notice not required:
➢ That the procedure at the hearing be ➢ Where the law is silent on prior notice and
consistent with the essentials of a fair trial. hearing, compliance with the requirement of
➢ That the proceedings be conducted in such a prior notice and hearing depends upon the
way that there will be opportunity for a court nature of power to be exercised or the end to
to determine whether the applicable rules of be achieved.
law and procedure were observed.
➢ Where the act questioned results from the from which the fact in issue can be
exercise of police power of the state. reasonably inferred.
➢ The abatement of a public nuisance per se ➢ Absent such substantial evidence, the
does not also require prior hearing. decision is void.
Nuisances are of two kinds Right to counsel, not a due process requirement.
➢ Nuisance per se- recognized under any and Decision

all circumstances because it constitutes a
direct menace to public health or safety. ➢ the whole or any part of the final disposition,
not of an interlocutory character, whether
➢ Nuisance per accidens- depends upon certain affirmative, negative, or injunctive in form,
conditions or circumstance and which is a of a quasi-judicial agency in any matter,
question of fact; cannot be abated without including licensing, rate fixing and granting
due hearing in a tribunal authorized to of rights and privileges.
decide whether such thing does in law
constitute a nuisance. ➢ Agency shall decide each case within thirty
(30) days following its submission.
Provisional reliefs such as temporary restraining
orders, cease or desist orders, may be granted by Form of decision
quasi-judicial agencies without prior notice or
➢ Every decision rendered by the agency in a
hearing.
contested case shall be in writing and shall
In disciplinary proceedings, the disciplining state clearly and distinctly the facts and the
authority may preventively suspend the officer or law on which it is based.
employee charged with grave offense without
➢ The law requires that every agency shall
prior notice or hearing, the preventive suspension
publish and make available for public
not being a penalty.
inspection all decisions or final orders in the
Motion for reconsideration cures procedural due adjudication of contested cases.
process defects
Relief
➢ GR: Denial of procedural due process
➢ the whole or part of any grant of money,
cannot be successfully invoked by a party
assistance, license, authority, privilege,
who has been heard on his motion for
exemption, exception, or remedy;
reconsideration.
recognition of any claim, right, immunity,
privilege, exemption or exception; or taking
any action upon the application or petition of
Substantial evidence as basis of decision any person.
➢ Another cardinal requirement of due process Sanction

in administrative adjudication is that the
decision must be rendered on the evidence ➢ includes the whole or part of a prohibition,
presented at the hearing or at least contained limitation, or other condition affecting the
in the record and disclosed to the parties liberty of any person; the withholding of
affected. relief; the imposition of penalty or fine; the
destruction, taking, seizure or withholding of
➢ Such relevant evidence as a reasonable mind property; the assessment of damages,
might accept as adequate to support a reimbursement, restitution, compensation,
conclusion or to afford a substantial basis cost, charges or fees; the revocation or
suspension of license; or taking other ➢ Appeal is not part of due process, but a
compulsory or restrictive action. statutory privilege which may be exercised
only in the manner and within the period
A quasi-judicial agency can grant a particular prescribed by law.
relief or impose a specific sanction only where
the enabling law authorizes the agency to dp ➢ Where the law does not grant a right to
so and evidence presented or facts adduced appeal, such remedy cannot be invoked.
substantially justify it.
➢ The decision of the appellate agency shall
Finality of decision become final and executory 15 days after the
receipt by the parties of a copy thereof,
➢ The decision of the agency shall become unless a motion for reconsideration is
final and executor 15 days after the receipt seasonably filed or a petition for review of
of a copy thereof by the party adversely such decision is filed with the Court of
affected unless within that period an Appeals within 15 days from receipt of the
administrative appeal or judicial review has decision or of the denial of the motion for
been perfected. reconsideration.
➢ A decision of an administrative officer or Review

agency, in the exercise of quasi-judicial
power, becomes binding only after it is ➢ Is a reconsideration or re-examination of a
validly promulgated. decision or ruling of a subordinate officer by
a superior officer or higher administrative
➢ The parties shall be notified of the decision agency.
personally or by registered mail addressed to
their counsel of record, if any, or to them. ➢ The power of review is exercised to
determine whether it is necessary to correct
➢ A final decision of an administrative agency the acts of a subordinate and to see to it that
also binds the Office of the President even if he perform his duties in accordance with
such agency is under the administrative law.
supervision and control of the latter.
Presumption of legality
➢ Proceedings already terminated should not
be altered at every step, for the rule of non ➢ The legal presumption that official duty has
qieta movere prescribes that what had been duly performed is particularly strong as
already been terminated should not be regards acts of quasi-judicial agencies in
disturbed. connection with the enforcement of laws
affecting particular fields of activity, the
Appeal in contested cases proper regulation or promotion of which
requires a technical or special training, aside
➢ The rules of procedure of some quasi- from a good knowledge and grasp of the
judicial agencies prescribe the requirements overall conditions relevant to said field.
for appeal to higher administrative agencies.
➢ An appellant should comply with all the

requirements for perfecting an appeal Res judicata
applicable to specific cases in particular
quasi-judicial agencies, otherwise his appeal ➢ The doctrine of res judicata applies to
will be dismissed or denied due course. decisions or orders of administrative
agencies that have become final. Such
➢ Appeal is a purely statutory right and he decisions or orders are conclusive upon the
who avails of it must strictly comply with all rights of the affected parties as though the
its requisites.
same had been rendered by a court of

general jurisdiction.
When res judicata disregarded
➢ When there are supervening events which

make it imperative, in the higher interest of
justice, to modify said judgment.
➢ Where the application of the principle under

the particular facts obtaining, would amount
to denial of justice or bar to a vindication of
a legitimate grievance.
➢ The principle of res judicata does not

operate between person who, having been
co-parties in the first case, are opposing
parties in the second case.
➢ A judgment dismissing an action because of

the pendency of another action between the
same parties and for the same cause does not
operate as res judicata because dismissal is
not a judgment on the merit.
Power to issue writ of execution to enforce

judgment
➢ Unless the law vesting quasi-judicial power

to an agency provides otherwise, the agency
promulgating its decision has the implied
power to issue a writ of execution to enforce
its decision.
➢ The writ of execution must conform to the

judgment which is to be executed, as it may
not vary or go beyond the terms thereof.
Chapter VI – Doctrines of Primary Jurisdiction regulatory scheme, have been placed within the
and Exhaustion of Administrative Remedies special competence of an administrative body; in
such a case the judicial process is suspended
A. Primary Jurisdiction pending referral of such issues to the
6.144 Nature and Scope administrative body for its views
• It may occur that the court has jurisdiction to
have cognizance of a particular case, which 6.146 Courts proceeding should be suspended
means that the matter involved is also judicial in • The doctrine requires the if the case is filed in
character. However, if the case is such that its court, the latter should suspend the judicial
determination requires the expertise, specialized proceeding before he seeks relief from the court,
skills and knowledge of the proper administrative even though the matter is properly cognizable by
bodies because technical matters or intricate the court.
questions of facts are involved, then relief must • Machete vs CA: The doctrine of primary
first be obtained in administrative proceeding jurisdiction does not warrant a court to arrogate
before a remedy will be supplied by the courts unto itself the authority to resolve a controversy
even though the matter is within the proper the jurisdiction over which is initially lodged
jurisdiction of a court. with an administrative body of special
• Courts cannot or will not determine a competence. Thus, the doctrine precludes a RTC
controversy involving a question which is within from assuming jurisdiction over cases involving
the jurisdiction of the administrative tribunal collection of back rentals from leasehold tenants,
prior to the decision of that question by the which involve agrarian dispute within the
administrative tribunal: primary jurisdictiorn of the Agrarian Reform
1. Where the question demands Adjudication
administrative determination • Vidad vs RTC of Negros Oriental: Where
requiring special knowledge, administrative cases were filed against teachers
experience, and services of the who staged mass action or strike, a suit enjoin
administrative tribunal the investigation of the administrative charges
2. Where the question requires should be suspended pending final outcome of
determination of technical and administrative proceedings
intricate issues of fact • Purpose of doctrine of primary jurisdiction is not
3. Where uniformity of ruling is only to give the administrative agency the
essential to comply with the purposes opportunity to decide the controversy by itself
of the regulatory statute administered. but also to prevent unnecessary and premature
resort to the court
• Villaflor vs CA: The question on the identity of • The court cannot compel an agency to do a
the land in dispute and the factual qualification particular act or to enjoin such act which is
of private respondent as an awardee of sales within its prerogative, except when in the
application require a technical determination by exercise of its authority it gravely abuse or
Bureau of Lands as the administrative agency exceeds jurisdiction.
with the expertise to determine such matters. • The application of doctrine of primary
Because these issues preclude prior judicial jurisdiction does not call for the dismissal of the
determination, it behooves the courts to stand case; it need only be suspended until after the
aside even when they apparently have statutory matters within the competence of the
power to proceed, in recognition of the primary administrative agency concerned are threshed out
jurisdiction of the administrative agency. and determined.
6.145 Distinguished from exhaustion of 6.147 When doctrine does not apply
administrative remedies • The doctrine of primary jurisdiction does not
• Principle of exhaustion of administrative apply in any of the exceptions to the doctrine of
remedies applies where a claim is cognizable in exhaustion of administrative remedies. For while
the first instance by the administrative agency the two doctrines are different, they are
alone, judicial interference being withheld until interchangeably used in their practical
the administrative process has run its course and application by courts, such that the exceptions in
the agency action is ripe for review. one are applicable in the other.
• Principle of primary of jurisdiction applies where • Where the administrative agency has no
a claim is originally cognizable in the courts, and jurisdiction, the doctrine does not apply. Lagua
comes into play whenever enforcement of claim vs Cusi: The question of the legality of closure of
requires the resolution of issues which, under a a passage way inside a forest area and the
consequent damages arising from such closure • Less expensive and more speedy solution to
are issues beyond the competence of Bureau of disputes
Forest Development to resolve, and the order of • Separation of powers, which enjoins upon the
trial court requiring reference of the issues to Judiciary a becoming policy of non-interference
said administrative agency is invalid. with matters coming primarily within the
• Judicial intervention should be allowed, to competence of the other departments. The theory
prevent harassment at the hand of ill-meaning or is that the administrative authorities are in a
misinformed administrative officials. better position to resolve questions addressed to
their particular expertise and that errors
B. Doctrine of Exhaustion of remedies committed by subordinates in their resolution
may be rectified by their superiors if given a
6.148 Exhaustion of remedies, generally chance to do so.
• As a general rule, recourse through court action • It may be added that strict enforcement of the
cannot prosper until all the remedies have been rule could also relieve the courts of a
exhausted at the administrative level. considerable number of avoidable cases which
• Within the administrative forum the law may otherwise would burden their heavily loaded
provide for review of decisions by higher dockets
authorities. Before a party can be allowed to
invoke the jurisdiction of the courts of justice, he 6.151 Illustration of the doctrine
is expected to have exhausted all means of • Where a party appealed the decision of the
administrative redress afforded him. Where the department secretary to the Office of the
enabling statute indicates a procedure for President, he may not, pending resolution of such
administrative review, and provides a system of appeal, file a suit in court to claim what he has
administrative appeal, or reconsideration, the sought in his appeal, nor can he complain if the
courts for reasons of law, comity and courts will not take action before the President
convenience, will not entertain a case unless the has decided the appeal
available administrative remedies have been • Where the law provides the resolutions of the
resorted to and the appropriate authorities have Insurance Commissioner on regulatory, non-
been given opportunity to act and correct the judicial matters are appealable to the Secretary of
errors committed in the administrative forum Finance, a petitioner for certiorari to challenge
said resolution without the petitioner appealing
6.149 Effect of failure to exhaust remedies first to the Secretary of Finance is neither a
• It does not affect the jurisdiction of the court. proper nor appropriate substitute for such appeal.
The only effect of non-compliance with the rule
is that it will deprive the complainant of a cause 6.152 Exceptions to the rule, generally
of action, which is ground for a motion to
dismiss. Non-exhaustion of administrative 1. When there is a violation of due process
remedies is a ground for motion to dismiss or is a 2. When the issue involved is purely a legal
defense which may be raised in the answer. question
3. When the administrative agency is
6.150 Reason for the rule patently illegal amounting to lack or
• Observance of the mandate regarding exhaustion excess of jurisdiction
of administrative remedies is a sound practice 4. When there is estoppels on the part of the
and policy. It ensures an orderly procedure which administrative agency concerned
favors a preliminary shifting process, particularly 5. When there is irreparable inquiry
with respect to matters peculiarly within the 6. When the respondent is a department
competence of the administrative agency, secretary whose acts as an alter ego of
avoidance of interference with functions of the the President hears the implied and
administrative agency by withholding judicial assumed approval of the latter
action until the administrative process had run its 7. When to require exhaustion of
course, and prevention of attempts to swamp the administrative remedies would be
courts by a resort to them in the first instance. unreasonable
The underlying principle of the rule rests on 8. When it would amount to a nullification
the presumption that the administrative of a claim
agency, if afforded a complete chance to pass 9. When the subject matter is private land
upon the matter, will decide the same in land cases proceedings
correctly. If the error is rectified, judicial 10. When the rule does not provide a plain
intervention is unnecessary. speedy and adequate remedy
11. There are circumstances indicating the decision of a lower level administrative body
urgency of judicial intervention which had become final and thereafter reversing
it.
6.153 Not applicable where public interest
requires immediate court resolution 6.158 Not applicable where administrative act is
• Doctrine of exhaustion of remedies may be nullity
overlooked where public interest requires • The doctrine of exhaustion of administrative
immediate court resolution of the issue raised remedies rests upon the assumption that the
• There is, to repeat, a great public interest in a administrative body, board or officer, if given the
definitive outcome of the crucial issue involved. chance to correct its/his mistake or error, may
One of the most noted authorities on amend its/his decision on a given matter.
Administrative Law, professor Kenneth Culp • It follows therefore that there has to be some sort
Davis, discussing the ripeness concept, is of the of a decision, order or act, more or less final in
view that the resolution of what could be a character, that is ripe for review and properly the
debilitating uncertainty with the conceded ability subject of an appeal to a higher administrative
of the judiciary to work out a solution of the body or officer, for the principle of exhaustion of
problem posed is a potent argument for administrative remedies to operate.
minimizing the emphasis laid on its technical
aspect. 6.159 Not applicable where there is estoppel
• Exhaustion is not necessary where there is
6.154 Not applicable where administrative act is estoppel on the part of the party invoking the
nullity doctrine. Thus where an administrative agency in
• Where the acts of a quasi-judicial agency are its questioned order
patently illegal, doctrine of exhaustion of
administrative remedies does not come into play 6.160 Not applicable where there is urgency or
irreparable damage
6.155 Not applicable where administrative remedy • Where the administrative remedies will be
is not adequate fruitless and irreparable damage or injury will
• Where the decision of the department secretary cause petitioner arising from the immediate
is, by law, executory after a certain fixed period, implementation of the administrative action
the aggrieved party need not exhaust remedy as sought to be nullified, the doctrine of exhausting
an appeal to the President will not be as administrative remedies will not apply.
sufficient, adequate and expeditious to grant him
relief as a judicial relief. 6.161 Not applicable where qualified political
agency doctrine applies
6.156 Not applicable where judicial relief is • As to failure to exhaust administrative remedies,
required to prevent violence the rule is well-settled that this requirement does
• Where one of the party resorted to violence to not apply where the respondent is a department
prevent the other from cutting and hauling logs, secretary whose acts, as an alter ego of the
the aggrieved party can immediately resort to President, bear the implied approval of the latter,
court action by seeking injunctive relief without unless actually disapproved by him. This
awaiting the outcome of the administrative case. doctrine of qualified political agency ensures
• Considerations of public order must transcend speedy access to the courts when most needed.
the administrative issue of conflict of boundaries, There was no need then to appeal the decision to
and only the court have the weapon to compel the office of the President; recourse to the courts
the parties, temporarily or perpetually by means could be had immediately.
of injunction, to maintain peace
6.162 Not applicable where issue is purely legal
6.157 Not applicable apply where agency acted • Where pure questions of law are raised, the
with no jurisdiction doctrine of exhaustion of administrative
• Where the law then applicable provides that a remedies does not apply because issues of law
decision of an administrative agency is cannot be resolved with finality by the
appealable to the department secretary and then a d m i n i s t r a t i v e o ff i c e r. A p p e a l t o t h e
to the Office of the President, exhausting such administrative officer of orders involving
administrative remedies of appeal is not questions of law would be an exercise in futility
necessary where the agency acted without since administrative officers cannot decide such
jurisdiction or with grave abuse of discretion in issues with finality; only the courts can
taking cognizance of a belated appeal from
6.163 Not applicable where administrative remedy

is permissive
• The doctrine does not apply where, by terms or
implications of the statute authorizing an
administrative remedy, such remedy is
permissive only, warranting the conclusion that
the legislature intended to allow the judicial
remedy even though the administrative remedy
has not been exhausted.
6.164 Not applicable where doctrine will result in

nullification of claim
• The rule requiring exhaustion of administrative
remedies does not apply where insistence on its
observance will result in nullification of the
claim asserted or where the administrative
agency has no power to grant the relief sought in
civil action, such as the claim for damages.
6.165 Not applicable in quo warranto cases

• Where a public officer has been removed in
favor of another, appointee, the protest against
his removal and the appointment of another
person in his place ehich he filed with his
superior officer need not await its final outcome
before filing a suit for quo warranto because the
one-year period to institute it in court is not
suspended by the pendency of the administrative
case, so that to await the administrative
disposition, which may last for more than one
year, will result in the prescription of his claim to
the office
6.166 Not applicable where there is no law

requiring remedies
• Where there is no law or regulation requiring the
administrative steps be taken against an
administrative action as a condition precedent to
the filing of an action in court, the fact that an
appeal therefrom has been taken by the
aggrieved party to the Office of the President
does not preclude him from withdrawing the
appeal and filing a court action to question the
administrative action
6.167 Not applicable where agency has no

jurisdiction
• The Bureau of Land has jurisdiction at the first
instance over controversies involving public
lands. Where the land in dispute has already been
titled as private, the Bureau of Land no longer
has jurisdiction over the subject matter and the
doctrine of exhaustion of administrative
remedies before Bureau of Land and from its
decision to Department Secretary and ultimately
to the Office of the President, no longer applies.
Chapter VII: Judicial Review 2. Remedy against the rule or regulation issued by
an administrative agency in its quasi-legislative
or rule-making power.
A. Judicial Review Generally
Ordinary Appeal
Review is a reconsideration or re-examination for
purposes of correction This may be availed of, where the enabling statute
specifically provides that decisions of the quasi-
Judicial review of an act, rule or decision of an judicial body may be appealed as in ordinary civil
executive or administrative agency or quasi-judicial cases within a specified period.
body is the re-examination or determination by the
courts in the exercise of their judicial power as to The right to appeal is merely a statutory right and
whether the questioned act, rule or decision has been may be exercised only in the manner and in
validly or invalidly issued or whether the same accordance wit the law. Failure to do so will cause
should be nullified, affirmed or modified. loss of right to appeal and render the decision final.
Purpose: To keep the administrative agency within its

jurisdiction within its jurisdiction and protect
substantive rights of parties affected by its act, rule or B. Limitations on Judicial Review
decision.
"The Courts will not interfere with purely
What are subject to review. administrative matters involving the exercise of
judgments or discretion and finding of facts, except:
Agency actions:
1. Non-judicial - purely administrative or executive 1. gone beyond his statutory authority
acts and rules and regulations 2. exercised unconstitutional powers
2. Quasi-Judicial - final orders or decisions 3. when agency clearly acted arbitrarily and without
regard to his duty or with grave abuse of
Method of Judicial Review. discretion or when it acted in a capricious manner
that it may amount to lack or excess of
The mode of judicial review depends upon what the jurisdiction
administrative agency does. 4. laid down decision vitiated by fraud, imposition
or mistake
Where what is questioned is:
1. an act performed by an administrative agency in Reason: In the exercise of their powers in their
the exercise of purely executive or administrative respective specialized fields, these quasi-judicial
functions agencies have acquired knowledge, experience and
2. the validity of a memorandum circular issued by expertise which are essential in the resolutions, and
an administrative board in the exercise of of its strong presumption of regularity and correctness is
rule-making power as delegated to it by law, and accorded to their decisions.
not its decision in the performance of its quasi-
judicial power It is settled doctrine that the findings of fact of an
administrative agency must be respected and the
...the judicial remedy, as a general rule, is to file the Court should not be tasked to weigh once more the
appropriate court action before the Regional Trial evidence submitted before the administrative body, it
Court. is axiomatic that such findings of fact should be
supported by substantial evidence.
Ordinary Action for Injunction filed with the
Regional Trial Court Petitions appropriately filed with the courts
(empowering them to review the findings):
1. Remedy against a purely administrative act of an
administrative agency or against a rule or 1. Petition for review under Rule 43, ROC;
regulation issued in the exercise of its rule- 2. Petition for certiorari, prohibition and mandamus
making power (as differentiated from a ruling or under Rule 65, ROC; and
decision in the exercise of its quasi-judicial or 3. Petition for Review to the Supreme Court under
adjudicators power) Rule 45, ROC
Judicial Review of Rules and Regulations However, application of the doctrine of political
question has been more relaxed because the
In considering a legislative rule, a court is free to Constitution (Sec. 1, Art. VIII) has broadly expanded
make three inquiries: judicial power to cover "appropriate cases, even the
political question."
1. Whether the rule is within the delegated authority
of the administrative agency Final Decision Beyond Judicial Review
2. Whether it is reasonable;
3. Whether it was issued pursuant to proper Courts may no longer interfere with final decisions of
procedure administrative bodies.
In interpretative rule, the inquiry is not into the

validity of but into the correctness or propriety of the
rule. A court, then, is free to: C. Petition for Review Under Rule 43 of Rules of
Court
1. Give the force of law to the rule
2. Go to the opposite extreme and substitute its A petition for review is a mode of appeal from the
judgment; or decisions or final orders of quasi-judicial agencies
3. Give some intermediate degree of weight to the exercising quasi-judicial functions filed with the
interpretative rule Court of Appeals pursuant to Sec. 9 of BP 129 and
ROC.
Judicial Review in Technical Matters
Sec. 1, Rule 43: This Rule shall apply to appeals from
The prohibition dictated by PD No. 605 pertains to judgments or final orders of the Court of Tax Appeals
the issuance by courts of the injunction or restraining and from awards, judgments, final orders or
orders against administrative acts on controversies resolutions of or authorized by any quasi-judicial
which involve facts or exercise of discretion IN agency in the exercise of its quasi-judicial functions.
TECHNICAL CASES, because to allow courts to Among these agencies are the Civil Service
judge these matters could disturb the smooth Commission, Central Board of Assessment Appeals,
functioning of the administrative machinery. Securities and Exchange Commission, Office of the
President, Land Registration Authority, Social
Judicial Review of Presidential Discretion Security Commission, Civil Aeronautics Board,
Bureau of Patents, Trademarks and Technology
Discretion - power or right conferred upon the officer Transfer, National Electrification Administration,
by a law or acting officially under circumstances Energy Regulatory Board, National
according to the dictates of his own judgment or Telecommunications Commission, Department of
conscience and not controlled by others Agrarian Reform under Republic Act No. 6657,
Government Service Insurance System, Employees
The rule that the discretionary power on the part of Compensation Commission, Agricultural Inventions
executive or quasi-judicial officer is not, as a rule, Board, Insurance Commission, Philippine Atomic
subject to judicial review is applied with strictness in Energy Commission, Board of Investments,
the exercise by the President of discretionary power Construction Industry Arbitration Commission, and
vested in him by the Constitution. voluntary arbitrators authorized by law.
Where, however, the question refers to the validity of The enumeration is nor exhaustive nor exclusive, but
the exercise of discretionary power, the court may excluded from the coverage are:
interfere.
1. Decisions of Commission on Elections
Reason for the non-interference: Separation of 2. Decisions of Commission on Audit
Powers or the so-called doctrine of political question.
The remedy of a petition for review assumes that the
Political Question - questions which, under the aggrieved party has exhausted all administrative
Constitution, are to be decided by the people in their remedies available before the quasi-judicial body
sovereign capacity, or in regard to which full appeals to a higher administrative body.
discretionary authority has been delegated to the
executive branch Sec. 3, Rule 43: Where to appeal. - An appeal under
this Rule may be taken to the Court of Appeals within
the period and in the manner herein provided,
whether the appeal involves questions of fact, of law, Upon proper motion and the payment of the full
or mixed questions of fact and law. amount of the docket fee before the expiration of the
reglementary period, the Court of Appeals may grant
Question of Fact - when the doubt or difference arises an additional period of fifteen (15) days only within
as to the truth or falsehood of alleged facts; or when which to file the petition for review. No further
the query necessarily invites calibration of the whole extension shall be granted except for the most
evidence considering mainly the credibility of compelling reason and in no case to exceed fifteen
witnesses, existence and relevancy of specific (15) days.
surrounding circumstances, their relation to each
other and to the whole and the probabilities of the Contents of Petition
situation
The petition shall:
Question of Law - when there is doubt or difference
of opinion as to what the law is on a certain state of 1. State the full names of the parties to the case,
facts and which does not call for an examination of without impleading the agency either as
the probationers value of the evidence presented by petitioner or respondent;
the parties 2. Contain a concise statement of the facts and
issues involved and the grounds relied upon for
Petition for Review and Petition for Certiorari review
Distinguished 3. Be accompanied by a clearly legible duplicate
original or certified true copy of the judgment or
Petition for Review under Rule 43: final order appealed from
4. Contain a sworn certification against forum
1. An ordinary appeal from a final order or decision shopping
of a quasi-judicial body to the CA
2. Filed by an aggrieved party after exhausting Failure to comply with any requirements shall be
remedies within 15 days from receipt of decision sufficient ground for the dismissal of the petition.
or resolution denying a motion for Substantial compliance may suffice.
reconsideration
3. May review errors of fact or errors of judgment Action on Petition
Petition for Certiorari under Rule 65 Sec. 8, Rule 43: The Court of Appeals may require
1. A special civil action seeking to nullify or the respondent to file a comment on the petition, not
modify an order or resolution of an a motion to dismiss, within ten (10) days from notice,
administrative body exercising judicial or quasi- or dismiss the petition if it finds the same to be
judicial functions which acted without or in patently without merit, prosecuted manifestly for
excess of jurisdiction or with grave abuse of delay, or that the questions raised therein are too
discretion amounting to lack of jurisdiction and unsubstantial to require consideration.
there is no any plain, speedy and adequate
remedy in the ordinary course of law Contents on Comment
2. Filed by an aggrieved party within 60 days from
receipt of the questioned judgment, order or Sec. 9, Rule 43: The comment shall be filed within
resolution with the SC or CA or the RTC ten (10) days from notice in seven (7) legible copies
3. May only raise questions of law and errors of and accompanied by clearly legible certified true
jurisdiction, but not errors of judgment or copies of such material portions of the record referred
question of facts, except where he can show that to therein together with other supporting papers. The
his case falls under any of the exceptions which comment shall (a) point out insufficiencies or
warrant a review of the facts inaccuracies in petitioner's statement of facts and
issues; and (b) state the reasons why the petition
Period of Appeal should be denied or dismissed. A copy thereof shall
be served on the petitioner, and proof of such service
Sec. 4, Rule 43: The appeal shall be taken within shall be filed with the Court of Appeals.
fifteen (15) days from notice of the award, judgment,
final order or resolution, or from the date of its last Due Course
publication, if publication is required by law for its
effectivity x x x. Only one (1) motion for Sec. 10, Rule 43: If upon the filing of the comment or
reconsideration shall be allowed. such other pleadings or documents as may be
required or allowed by the Court of Appeals or upon
the expiration of the period for the filing thereof, and Transmittal of Record
on the basis of the petition or the records the Court of
Appeals finds prima facie that the court or agency Sec. 11, Rule 43: Within fifteen (15) days from notice
concerned has committed errors of fact or law that that the petition has been given due course, the Court
would warrant reversal or modification of the award, of Appeals may require the court or agency
judgment, final order or resolution sought to be concerned to transmit the original or a legible
reviewed, it may give due course to the petition; certified true copy of the entire record of the
otherwise, it shall dismiss the same. The findings of proceeding under review. The record to be
fact of the court or agency concerned, when transmitted may be abridged by agreement of all
supported by substantial evidence, shall be binding parties to the proceeding. The Court of Appeals may
on the Court of Appeals. require or permit subsequent correction of or addition
to the record.
Substantial Evidence Rule
Effect of Appeal
It is a limitation upon the scope of judicial review in
administrative cases. Sec. 12, Rule 43: The appeal shall not stay the award,
judgment, final order or resolution sought to be
Under this rule, the courts are not supposed to reviewed unless the Court of Appeals shall direct
reassess the evidence, determine its preponderance on otherwise upon such terms as it may deem just.
either side, and substitute its own findings for those
of the administrative agency. All that the court does is General Rule: Judgments by the lower courts or
to inquire from the record if the findings are based on quasi-judicial tribunals or agencies become executory
substantial evidence, and if so, the findings are only after they shall become final and executory.
deemed conclusive.
Exception:
Exceptions:
1. Where the law provides execution pending
1. When the factual findings of the administrative appeal.
agency and the initial fact-finding agency are 2. Upon motion of the appellant, the CA may stay
conflicting; the execution upon such terms as it may deem
2. When the findings are grounded entirely on just, like issuing a status quo order or writ of
speculations, surmises or conjectures; preliminary injunction
3. When the inference made by the quasi-judicial
agency from its findings of fact is manifestly Submission for Decision
mistaken, absurd or impossible;
4. When there is grave abuse of discretion in the Sec. 13, Rule 43: If the petition is given due course,
appreciation of facts; the Court of Appeals may set the case for oral
5. When the administrative agency, in making its argument or require the parties to submit memoranda
findings, goes beyond the issues of the case, and within a period of fifteen (15) days from notice. The
such findings are contrary to the admission of the case shall be deemed submitted for decision upon the
parties; filing of the last pleading or memorandum required
6. When the judgment of the administrative agency by these Rules or by the Court of Appeals.
is premised on a misapprehension of facts;
7. When the administrative agency fails to notice The decision or final resolution of the CA is Appeal
certain relevant facts which, if properly able to the SC by petition for review in accordance
considered, will justify a different conclusion; with Rule 45 of ROC.
8. When the findings of fact are themselves
conflicting;
9. When the findings are conclusions without
citation of the specific evidence on which they D. PETITION FOR CERTIORARI,
are based; and PROHIBITION, AND MANDAMUS
10. When the findings are premised on the absence of
evidence but such findings are contradicted by
the evidence on record Petition for certiorari, generally.
Another mode of seeking judicial review of

orders, rulings and decisions of quasi-judicial
agencies is by way of certiorari, prohibition and The writ of certiorari is granted to keep an
mandamus under Rule 65 of the Rules of Court. inferior court within the bounds of its
jurisdiction. It is available where it appears that
Section 1 provides: “When any tribunal, the court is proceeding in excess or outside of its
board or officer exercising judicial or quasi- jurisdiction, even if appeal is available as a
judicial functions has acted without or in excess remedy.
of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of Generally, where a lower court has jurisdiction
jurisdiction, and there is no appeal, or any plain, over the subject matter, the orders or decisions
speedy, and adequate remedy in the ordinary pertaining thereto, however erroneous they may
course of law, a person aggrieved thereby may be, may not be corrected by certiorari but by
file a verified petition in the proper court, appeal. In other words, if appeal is available,
alleging the facts with certainty and praying that certiorari cannot be resorted to.
judgment be rendered annulling or modifying
the proceedings of such tribunal, board or XCPs:
officer, and granting such incidental reliefs as *Public welfare and the advancement of public
policy so dictate
law and justice may require.” *Broader interests of justice so require
*Writs issued are null and void or amount to an
The petition shall be accompanied by a certified oppressive exercise of judicial authority
true copy of the judgment, order or resolution *When appeal is satisfactorily shown to be an
subject thereof, copies of all pleadings and inadequate remedy under the circumstances.
documents relevant pertinent therto, and a sworn
certification of non-forum shopping as provided Purpose of certiorari
in the paragraph of Section 3, Rule 46.
The purpose of the remedy of certiorari is to
A certiorari is a special civil action directed annul or modify the questioned act or ruling. In
against any tribunal, board or officer exercising the ultimate analysis, the writ of certiorari is
intended to annul void proceedings; to prevent
judicial or quasi-judicial functions which is unlawful and oppressive exercise of legal
alleged in a verified petition in the proper court authority; and to provide for a fair and orderly
to have acted without jurisdiction or in excess of administration justice.
jurisdiction or with grave abuse of discretion,
there being no appeal, nor any plain, speedy and Requisites of certiorari
adequate remedy in the ordinary course of law
for the purpose of annulling or modifying the Indispensable elements of certiorari are the
following:
proceeding. It does not include correction of
errors in the evaluation or appreciation of the 1. It is directed against a tribunal, board or
evidence and findings based thereon. Questions officer exercising judicial or quasi-
of fact cannot be raised in an original action for judicial functions.
certiorari; only established or admitted facts can 2. The tribunal, board or officer has acted
be considered. without or in excess of jurisidiction or
with grave abuse of discretion.
The special civil action of certiorari is a remedy 3. There is no appeal nor any plain, speedy
designed to correct errors of jurisdiction and not and adequate remedy in the ordinary
course of law.
errors of judgment. An error of judgment which
a court or quasi-judicial body may commit in the When certiorari may issue
exercise of its jurisdiction it not correctable
through the original special civil action of When certiorary will issue cannot be defined,
certiorari, but by appeal. because to do so would be to destroy its
comprehensiveness and usefulness. So wide is may be avialed of. For he should give the court
the discretion of the court that authority is not or tribunal the chance to correct itself before
wanting to show that certiorari is more resorting to the extraoridinary remedy of
discretionary than either prohibition or certiorari, which is the rationale for the
mandamus. In the exercise of the Court’s requirement of first filing a motion for
superintending control over inferior courts, it is reconsideration before filing of a petition for
guided by all the circumstances of each certiorari.
particular case as the ends of justice may
require. It will be granted where necessary to XCPs:
prevent a substantial wrong or to do substantial
1. Where the order is a patent nullity, as
justice.
where the court has no judrisdiction
The availability of the ordinary course of appeal
2. Where the questions raised have been
does not constitute a sufficient ground to prevent
duly raised and passed upon by the
a party from making use of the extraordinary
lower court, or are the same as those
remedy of certiorari where the appeal is not an
raised before the lower court
adequate remedy or equally beneficial, speedy
and sufficient. It is the inadequacy – not the 3. Where there is an urgent necessity for
mere absence – of all other legal remedies and the resolution of the question and any
the danger of failure of justice without the writ, further delay would prejudice the
that must usually determine the propriety of interests of the government or of the
certiorari. petitioner or the subject matter of the
action is perishable
When writ may not issue
4. Under the circumstances, a motion for
It is not available to correct errors of procedure
reconsideration would be useless
or mistakes in the court’s findings or
conclusions, the remedy in connection with the 5. Where petitioner was deprived of due
latter being an appeal or a petition for review. process and there is extreme urgency for
Errors in the appreciation of evidence may be relief
reviewwed by appeal and not by certiorari
because they do not involve any jurisdictional 6. In a criminal case, relief from an order
ground. Questions of fact cannot be raised in an of arrest is urgent and the granting of
original action for certiorari; only established or such relief by the trial court is
admitted facts can be considered. improbable
Errors of fact or law do not involve jurisdiction 7. Where the proceedings in the lower
and may be corrected only by ordinary appeal. court is are nullity for lack of due
Where no error of jurisdiction is raised, the process
petition wil be dismissed. Evaluation of
evidentiary matters is beyond the province of 8. Where the proceedings ex parte or in
certiorari. which the petitioner had no opprtunity to
object
Motion for reconsideration required;
exceptions 9. Where the issue raised is one purely of
law or where public interests is involved
The rule is that a motion for reconsideration
must be filed before the remedy of certiorari 10. Where judicial intervention is urgent
11. Wher eits application may cause great of the tribunal, board or office involved may be
and irreparable damage resolved on the basis of undisputed facts and not
on facts which are yet to be resolved in the
12. Failure of a high government official administrative proceedings.
from whom relief is sought to act on the
matter Its function is to prevent the unlawful and
oppressive exercise of legal authority and to
13. When the issue of non-exhaustion of provide for a fair and orderly administration of
administrative remedies has been justice.
rendered moot
Petition for mandamus
14. Where special circumstances warrant
immediate and more direct action Section 3 reads: “When any tribunal,
corporation, board or officer or person
unlawfully neglects the performance of an act
which the law specifically enjoins as a duty
Petition for prohibition
resulting from an office, trust, or station, or
Section 2 states: unlawfully excludes another from the use and
enjoyment of a right or office to which such
“ When the proceedings of any tribunal, other is entitled, and there in no other plain,
corporation, board, officer or person, whether speedy and adequate remedy in the ordinary
exercising judicial, quasi-judicial or ministerial course of law, the person aggrieved thereby may
functions, are without or in excess of its or his file a verified petition in the proper court,
jurisdiction, or with grave abuse of discretion alleging the facts with certainty and praying that
amounting to lack or excess of jurisdiction, and judgment redered commanding the respondent,
there is no appeal or any other plain, speedy, and immediately or at some other specified by the
adequate remedy in the ordinary course of law, a court, to do the act required to be done to protect
person aggrieved thereby may file a verified the rights of the petitioner, and to pay the
petition in the proper court alleging the facts damages sustained by the petitioner by reason of
with certainty and praying that judgment be the wrongful acts of the respondent.”
rendered commanding the respondent to desist
from further proceedings in the action or matter Mandamus literally means “We command”. It is
specified therein, or otherwise granting such the proper remedy if it can be shown that there is
incidental reliefs as law and justice may require. neglect on the part of a tribunal or officer in the
performance of an act, which specifically the
“The petition shall likewise be accompanied by law enjoins as a duty or an unlawful exclusion of
a certified true copy of the judgment, order or a party from the use and enjoyment of a right
resolution subject thereof, copies of all pleadings which he is entitled.
and documents relevant and pertinent thereto,
and a sworn certification of non-forum shopping Requisites for mandamus to issue
as provided in the third paragraph of Section 3,
The applicant must have a clear legal rught to
Rule 46.
the thing demanded. The right must be well
Prohibition is a remedy to prevent a tribunal, defined, clear and certain. A clear legal right is
board or officer from usurping or exercising a one founded or granted by law. Unless the right
jurisdiction or power which the law does not to relief is clear, mandamus will not issue. The
vest in any of them. In prohibition, as in corresponding duty of the defendant to perform
certiorari, only issues affecting the jurisdiction the required act must also be clear and specific.
For mandamus never issues in doubtful cases. among which is that it issues where there is
Neither will mandamus issue to establish legal grave abuse of discretion, manifest injustice or
right, but only to enforce one that is already palpable excess of authority equivalent to denial
clearly established. of settled right to which petitioner is entitled and
there is no other plain, speedy, adequate remedy.
Ministerial or discretionary power For discretion must beexercised under the law,
and not contrary to law.
The availability of the special civil action of
mandamus depends, to a large extent, on the Instances when mandamus may or may not
nature of the power conferred upon, and required lie
to be performed by, public functionaries.
Generally, mandamus will lie to compel the Mandamus will not lie to compel a course of
doing of a ministerial act. It does not lie to conduct. The writ neither confers power nor
control discretion, although it may issue to imposes duties. Nor will mandamus lie to
compel the exercise of discretion but not the compel performance of an act prohibited by law.
discretion itself.
Mandamus does not lie to require anyone to
A ministerial duty is one which is so clear and fulfill contractual obligations. A contractual
specific as to leave no room for the exercise of obligation is not a duty specifically enjoined by
discretion in its performance. A purely law resulting from office, trust or station and the
ministerial act or duty, in contradistinction to a rule is that mandamus never lies to enforce the
discretionary act, is one which an officer or performance of contractual obligations.
tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate Mandamus is available to compel not only the
of legal authority, without regard to the existence enactment and approval of the necessary
of his own judgment, upon the propriety or appropriation ordinance, but also the
impropriety of the act done. If the law imposes a corresponding payment of municipal funds.
duty upon a public officer, and gives him the
Unlawfully excluded from office or position
right to decide how or when the duty shall be
performed, such duty is discretionary and not A Person who has been excluded from the use
ministerial. The duty is ministerial only when and enjoyment of a right or office to which he is
the discharge of the same requires neither the entitled may file a petition for mandamus, where
exercise of official discretion nor judgment. there is no appeal or plain, speedy and adequate
remedy in the ordinary course, commanding the
Discretion, when applied to public functionaries,
board or person that unlawfully excluded him to
means a power or right conferred upon them by
reinstate him to such office or enjoyment of such
law of acting officially, under certain
right.
circumstances, uncontrolled by the judgment or
conscience of others. If the law imposes a duty Where to file petition
upon a public pfficer and gives him the right to
decide how or when the duty shall be performed, Section 4 provides: “The petition may be filed
such duty is discretionary and not ministerial. not later than sixty(60) days from notice of the
judgment, order or resolution. In case a motion
Mandamus may not interfere with exercise of for reconsideration or new trial is timely filed,
discretion whether such motion for reconsideration or new
trial is timely filed, whether such motion is
The rule that mandamus will not issue to compel
required or not, the sixty (60) day period shall be
a discretionary act is subject to exceptions,
counted from notice of the denial of said motion.
Respondents and costs in certain cases order or a writ of preliminary injunction has
been issued against the public respondent from
Section 5 reads: “When the petition filed related further proceeding in the case”.
to the acts or omissions of a judge, court, quasi-
judicial agency, tribunal, corporation, board, Proceedings after comment is filed
officer or person, the petitioner shall join, as
private respondent or respondents, the person or Section 8 provides: “After the comment or other
persons interested in sustaining the proceedings pleadings required by the court are filed, or the
in the court; and it shall be the duty of such time for the filing thereof has expired, the court
private respondents to appear and defend, both may hear the case or require the parties to
in his or their own behalf and in behalf of the submit memoranda. If after such hearing or
public respondent or respondents affected by the submission of memoranda or the expiration of
proceedings, and the costs awarded such the period for the filing thereof of the court finds
proceedings in favor of the petitioner shall be that the allegations of the petition are true, it
againsts the private respondents affected by the shall render judgment for relief prayed for or to
proceedings, and the costs awarded in such which the petitioner is entitled.
proceedings in favor of the petitioner shall be
“The court however may dismiss the petition if it
against the private respondents only, and not
finds the same to be patently without merit,
against the judge, court, quasi-judicial agency,
prosecuted manifestly for delay, or that the
tribunal, corporation, board, officer or person
questions raised therein are too unsubstantial to
impleaded as public respondent or respondents.
require consideration.”
However, unless otherwise specifically directed
Service and enforcement of order or
by the court, they shall not appear or participate
judgment
in the proceedings therein.
Section 9 provides: A certified copy of the
Order to comment
judgment rendered in accordance with the last
Section 9 provides: “If the petition is sufficient preceding section shall be served upon the court,
in form and substance to justify such process, quasi-judicial agency, tribunal, corporation,
the court shall issue an order requiring the board, officer or person concerned in such
respondent or respondents to comment on the manner as the court may direct, and
petition within 10 days from the receipt of a disobedience thereto shall be punished as
copy thereof. Such order shall be served on the contempt. An execution may issue for any
respondents in such manner as the court may damages or costs awarded in accordance with
direct, together with a copy of the petition and Section 1 of Rule 39.”
any annexes thereto.
Common requisites
Expediting proceedings; injunctive relief
1. The petition must be verified- A
Section 7 states: “The court in which the petition pleading is verified by an affidavit that
is filed may issue orders espediting the the affiant has read the pleading and that
proceedings, and it may also grant a temporary the allegations therein are true and
restraining order or a writ of preliminary correct of his knowledge or based on
injunction for the preservation of the rights of authentic records.
the parties pending such proceedings. The
2. When and where to file petition- Section
petition shall not interrupt the course of the
4 of Rule 65, which indicates where and
principal case unless a temporary restraining
when to file the petition, provides that
the petition may be filed not later than 5. Contents of petition- The petition shall
sixty(60) days from notice of the contain the full names and actual
judgment, order or resolution sought to address of all the petitioners and
be assailed in the Supreme Court or, if it respondents, a concise statement of the
relates to the acts or omissions of a matters involved, the factual background
lower court or of a corporation, board, of the case, and the grounds relied upon
officer or person, in the Regional Trial for the relief prayed for.
Court exercising jurisdiction over the
territorial area as defined by the 6. Non-forum shopping certification- The
Supreme Court. It may also be filed in petition must be accompanied by a
the Court of Appeals whether or not the verified non-forum certification, usually
same is in aid of its appellate combined with its verification, that
jurisdiction or in the Sandiganbayan if it petitioner has not therefore commenced
is in aid of its jurisdiction. If it involves any other action involving the same
the acts or omissions of a quasi-judicial issues in the Supreme Court, the Court
agency, and unless otherwise provided of Appeals or different divisions thereof,
by law or the Rules, the petition shall be or any other tribunal or agency.
filed in cognizable only by the Court of
Injunctive relief
Appeals.
The court in which the petition for certiorari,
3. Jurisdiction to issue writ- Under Section
prohibtion or mandamus may issue a status quo
4 of Rule 65, the Supreme Court, Court
order to maintain the last, actual, peacable and
of Appeals and Regional Trial Court
uncontested status of things which preceded the
have original concurrent jurisdiction to
controversy. It may also, upon motion of
issue a writ of certiorari, prohibition,
petitioner, grant a temporary restraining order or
and mandamus.
a writ of preliminary writ of injunction for the
4. Who should be respondents- The preservation of the rights of the parties pending
petition relating to the acts or omissions such proceedings.
of a quasi-judicial agency or officer
shall join, as private respondents with
such public respondent or respondents, E. APPEAL BY CERTIORARI TO THE
the person or persons interested in SUPREME COURT
sustaining the proceedings in the court;
and it shall be the duty of the private Section 1. Filing of petition with Supreme Court.
respondents to appear and defend , both — A party desiring to appeal by certiorari from
in his or their own behalf and in behalf a judgment or final order or resolution of the
Court of Appeals, the Sandiganbayan, the
of the public respondent or respondents Regional Trial Court or other courts whenever
affected by the proceedings, and the authorized by law, may file with the Supreme
costs awarded in such proceedings in Court a verified petition for review on certiorari.
favor of the petition shall be against the The petition shall raise only questions of law
private respondents only, and not against which must be distinctly set forth. (1a, 2a)
the quasi-judicial agency or officer Section 2. Time for filing; extension. — The
impleaded as public respondent or petition shall be filed within fifteen (15) days
respondents. from notice of the judgment or final order or
resolution appealed from, or of the denial of the
petitioner's motion for new trial or
reconsideration filed in due time after notice of
the judgment. On motion duly filed and served, The Supreme Court may on its own initiative
with full payment of the docket and other lawful deny the petition on the ground that the appeal is
fees and the deposit for costs before the without merit, or is prosecuted manifestly for
expiration of the reglementary period, the delay, or that the questions raised therein are too
Supreme Court may for justifiable reasons grant unsubstantial to require consideration. (3a)
an extension of thirty (30) days only within Section 6. Review discretionary. — A review is
which to file the petition. (1a, 5a) not a matter of right, but of sound judicial
Section 3. Docket and other lawful fees; proof of discretion, and will be granted only when there
service of petition. — Unless he has theretofore are special and important reasons thereof. The
done so, the petitioner shall pay the following, while neither controlling nor fully
corresponding docket and other lawful fees to measuring the court's discretion, indicate the
the clerk of court of the Supreme Court and character of the reasons which will be
deposit the amount of P500.00 for costs at the considered:
time of the filing of the petition. Proof of service (a) When the court a quo has decided a
of a copy, thereof on the lower court concerned question of substance, not theretofore
and on the adverse party shall be submitted determined by the Supreme Court, or
together with the petition. (1a) has decided it in a way probably not in
Section 4. Contents of petition. — The petition accord with law or with the applicable
shall be filed in eighteen (18) copies, with the decisions of the Supreme Court; or
original copy intended for the court being (b) When the court a quo has so far
indicated as such by the petitioner and shall (a) departed from the accepted and usual
state the full name of the appealing party as the course of judicial proceedings, or so far
petitioner and the adverse party as respondent, sanctioned such departure by a lower
without impleading the lower courts or judges court, as to call for an exercise of the
thereof either as petitioners or respondents; (b) power of supervision. (4a)
indicate the material dates showing when notice
of the judgment or final order or resolution Section 7. Pleadings and documents that may be
subject thereof was received, when a motion for required; sanctions. — For purposes of
new trial or reconsideration, if any, was filed and determining whether the petition should be
when notice of the denial thereof was received; dismissed or denied pursuant to section 5 of this
(c) set forth concisely a statement of the matters Rule, or where the petition is given due course
involved, and the reasons or arguments relied on under section 8 hereof, the Supreme Court may
for the allowance of the petition; (d) be require or allow the filing of such pleadings,
accompanied by a clearly legible duplicate briefs, memoranda or documents as it may deem
original, or a certified true copy of the judgment necessary within such periods and under such
or final order or resolution certified by the clerk conditions as it may consider appropriate, and
of court of the court a quo and the requisite impose the corresponding sanctions in case of
number of plain copies thereof, and such non-filing or unauthorized filing of such
material portions of the record as would support pleadings and documents or non-compliance
the petition; and (e) contain a sworn certification with the conditions therefor. (n)
against forum shopping as provided in the last Section 8. Due course; elevation of records. —
paragraph of section 2, Rule 42. (2a) If the petition is given due course, the Supreme
Section 5. Dismissal or denial of petition. — Court may require the elevation of the complete
The failure of the petitioner to comply with any record of the case or specified parts thereof
of the foregoing requirements regarding the within fifteen (15) days from notice. (2a)
payment of the docket and other lawful fees, Section 9. Rule applicable to both civil and
deposit for costs, proof of service of the petition, criminal cases. — The mode of appeal
and the contents of and the documents which prescribed in this Rule shall be applicable to
should accompany the petition shall be sufficient both civil and criminal cases, except in criminal
ground for the dismissal thereof. cases where the penalty imposed is
death, reclusion perpetua or life imprisonment.
Appeal by certiorari is discretionary they are so glaringly erroneous as to

constitute serious abuse of discretion,
The appeal is taken within fifteen(15) days from such findings must stand.
the notice of judgment or final order or
resolution appealed from, or of the denial of the
p e t i t i o n e r ’s m o t i o n f o r n e w t r i a l o r
reconsideration----- When petition may be given due
course
1) By filing the verified petition sufficient
in form and substance as prescribed, 1. When the court a quo has decided a
with proof of service thereof on the question of substance, not therefore
lower court and on the adverse party and determined by the Supreme Court,
containing a sworn certification against or has decided it in a way probably
forum shopping not in accord with law or with the
applicable decisions of the Supreme
2) By paying the corresponding docket and Court;
other lawful fees to the clerk of court of
the Supreme Court and depositing the 2. When the court a quo has so far
amount of P500.00 for costs. departed from the accepted and
usual course of judicial proceedings,
, the Supreme Court may for justifiable or so far sanctioned such departure
reasons grant an extension of thirty (30) by lower court, as to call for an
days within which to file the petition. exercise of the power of
supervision.
Petitioner’s failure to comply with any
of the requirements shall be sufficient Minute resolution; full-blown decision
ground for the dismissal of the petition,
and will render the judgment or final A minute resolution of the Supreme
order appealed from final and executory. Court denying ir dismissing petitions for
the issues raised are factual or no
Issues or questions of law raised reversal error in respondent court’s
decision is shown for some other legal
When findings may be reviewed- The basis stated in the resolution is a
general rule is that in petitions for s u ff i c i e n t c o m p l i a n c e w i t h t h e
review on certiorari the Supreme Court constitutional requirement that no
takes the findings of fact of the lower petition for review shall be refused due
courts as entitled to great respect and at course without stating the legal basis
times even finality. However, the therefor.
Supreme Court retains the power to
review and rectify such findings where A minute resolution denying a petition
the lower courts manifestly overlooked, for review of a decision of the Court of
ignored or misinterpreted certain facts or Appeals means that the Supreme Court
circumstances of weight and agrees with or adopts the findings and
significance which, if considered, would conclusions of the Court of Appeals. A
alter the result of the case. minute resolution constitutes an
adjudication on the merits of the
In the absence of any showing that the controversy or subject matter of a
findings complained of are totally petition. It operates as res judicata.
devoid of support in the record, or that

ADMINISTRATIVE LAW NOTES: KEY TERMS AND CONCEPTS

Transféré par

Informations du document

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

ADMINISTRATIVE LAW NOTES: KEY TERMS AND CONCEPTS

Transféré par

Droits d'auteur :

Formats disponibles

ADMINISTRATIVE LAW NOTES by Agpalo 1

Chapter 1 – Introductory o Instrumentality - refers to any agency of

CHAPTER 2 – POWERS OF • There must be delegation of such authority,

➢ Discharge of the same requires neither

Discretionary Power When mandatory or directory?

➢ The law imposes a duty upon a public Directory

➢ GR: discretion entrusted to a public ➢ no substantial rights depend on it

• Officer sued in his private or personal

• Government officials are presumed to

• Acts done in the performance of duties are

• Even mistakes committed by public officers

CHAPTER III valid and performed in behalf of the

Executive Secretary • The power may extend to the power to

1) Presidential appointees and the suspension and • Specifically, administrative supervision is

Executive Order No.4 creating the Presidential • An administrative officer/employee charged

Investigatory powers, as incidents of main

• Administrative agencies, which have been

• Known as examining or investigatory power,

CHAPTER 4 – QUASI-LEGISLATIVE POWER ❖ Ordinance Power

Legislative Power o In the form of Presidential

Delegation of legislative power to the President ➢ Acts of the president on matters of

• The constitution granted local government unit o Sungguinang Bayan – Municipality

▪ As legislative body of a province, may ▪ If does not return within time

o Sangguniang Panlungsod – City

▪ Power to pass city ordinances o Sangguniang Barangay – Barangay

▪ Vote of majority, there being quorum, ▪ Smallest legislative body

▪ It may pass an ordinance affecting a Rule-making

▪ S. bayan and S. panlungsod shall take

• Specialization even in legislation becomes

in a decision or order which applies to B. DELEGATION OF LEGISLATIVE POWER

3. I n t e r p r e t a t i o n i n a d v e r s a r y Doctrine of Separation of Powers

c. to ascertain facts on which the law will

b. fix the limits within which the discretion

When rules take effect

Delegation of rate-fixing power. C. CONTEMPORARY CONSTRUCTION

b. implied interpretation- a practice or mode

construction by admin or exec departments of

3. Interpretation handed down in an adversary

Erroneous construction creates no rights; not

• if thru misapprehension of the law, an executive or

CHAPTER 5 presupposes compliance with such

the basis of evidence and arguments 5.88. Re-statement of the rule.

5.86. Definition 5.90. Party cannot take inconsistent positions.

5.87. Extent of jurisdiction. 5.93. Technical rules not applicable.

➢ Nuisance per se- recognized under any and Decision

➢ Another cardinal requirement of due process Sanction

➢ A decision of an administrative officer or Review

➢ An appellant should comply with all the

same had been rendered by a court of

When res judicata disregarded

➢ When there are supervening events which

➢ Where the application of the principle under

➢ The principle of res judicata does not

➢ A judgment dismissing an action because of

Power to issue writ of execution to enforce

➢ Unless the law vesting quasi-judicial power

➢ The writ of execution must conform to the

6.163 Not applicable where administrative remedy

6.164 Not applicable where doctrine will result in

6.165 Not applicable in quo warranto cases

6.166 Not applicable where there is no law

6.167 Not applicable where agency has no

Purpose: To keep the administrative agency within its