ADMINISTRATIVE LAW

GENERAL TERMS (AS PER ADMIN CODE)

Government of the Republic of the Philippines - corporate governmental

entity through which the functions of government are exercised throughout the
Philippines, including, save as the contrary appears from the context, the
various arms through which political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local government.
National Government - entire machinery of the central government, as
distinguished from the different forms of local governments.
Local Government - political subdivisions established by or in accordance with
the Constitution.
Agency of the Government - any of the various units of the Government,
including a department, bureau, office, instrumentality, or government-owned
or controlled corporations, or a local government or a distinct unit therein.
National agency - refers to a unit of the National Government
Local agency- refers to a local government or a distinct unit therein.
Department - refers to an executive department created by law. For purposes
of Book IV, this shall include any instrumentality, as herein defined, having or
assigned the rank of a department, regardless of its name or designation.
Bureau- any principal subdivision or unit of any department. For purposes of
Book IV, this shall include any principal subdivision or unit of any instrumentality
given or assigned the rank of a bureau, regardless of actual name or
designation, as in the case of department-wide regional offices.
Office - refers, within the framework of governmental organization, to any
major functional unit of a department or bureau including regional offices. It
may also refer to any position held or occupied by individual persons, whose
functions are defined by law or regulation.
Instrumentality - any agency of the National Government, not integrated
within the department framework vested within special functions or jurisdiction
by law, endowed with some if not all corporate powers, administering special
funds, and enjoying operational autonomy, usually through a charter. This term
includes regulatory agencies, chartered institutions and government-owned or
controlled corporations.
Regulatory agency - any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial rights and
interests of private persons, the principal powers of which are exercised by a
collective body, such as a commission, board or council.
Chartered institution - any agency organized or operating under a special
charter, and vested by law with functions relating to specific constitutional
policies or objectives. This term includes the state universities and colleges and
the monetary authority of the State.
Government-owned or controlled corporation - any agency organized as
a stock or non-stock corporation, vested with functions relating to public needs
whether governmental or proprietary in nature, and owned by the Government
directly or through its instrumentalities either wholly, or, where applicable as in
the case of stock corporations, to the extent of at least fifty-one (51) per cent of

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its capital stock: Provided, That government-owned or controlled corporations

may be further categorized by the Department of the Budget, the Civil Service
Commission, and the Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and responsibilities with respect
to such corporations.
Officer - as distinguished from "clerk" or "employee", a person whose duties,
not being of a clerical or manual nature, involves the exercise of discretion in
the performance of the functions of the government. When used with reference
to a person having authority to do a particular act or perform a particular
function in the exercise of governmental power, "officer" includes any
government employee, agent or body having authority to do the act or exercise
that function.
Employee - when used with reference to a person in the public service,
includes any person in the service of the government or any of its agencies,
divisions, subdivisions or instrumentalities.

CHAPTER 1: INTRODUCTION
History
Not traditionally recognized body of law
Complexity of modern life led to increase in subjects of government regulation
and subsequently in the multiplication of government functions.
Underlying theory is that issues dealing with administrative law ought to be, in
the first instance, decided by experts and not by a judge.
Multiplication of government functions + recent tremendous growth in
administrative agencies + agencies created have extensive investigation, rulemaking and adjudicating powers = ADMINISTRATIVE LAW.
Still in the formative stages and being developed as part of traditional system of
law.
American and English jurisprudence, from where our administrative laws are
derived, are persuasive though not controlling.
Concept, Scope and Concerns
Definition part of law which governs the organization, functions, and
procedures of administrative agencies of the government to which (quasi)
legislative powers are delegated and (quasi) judicial powers are granted, and
the extent and manner to which such agencies are subject to control by courts
Broad: entire system of laws under which the machinery of the State
works and by which the State performs all functions (law of
governmental administration)
Narrow: system of legal principles to settle the conflicting claims of
executive/administrative authority and private/individual rights; branch
of modern law under which the government (in quasi-legislative/ quasijudicial capacity) interferes with the conduct of the individual for
purpose of promoting the well-being of the community
Scope
law governing administrative authorities

specific Constitutional provisions

ADMINISTRATIVE LAW

statutes

judicial decisions construing and applying them

principles of justice and equity

law made by administrative authorities

rules and regulations/ orders and decisions (general/particular

applicability)
administrative authority public officers and organs charged with
the amplification, application, and execution of the law EXCEPT:

Congress

Regular Courts
Concerns
Protection of private rights

subject matter nature and mode of exercise of

administrative power/ system of relief against administrative
action
Officers and agencies exercising delegated powers

Distinguished from other branches of law

Binding as to
officers

Contents
Standpoint and
Emphasis

International Law
NO. except in so far as it has
been adopted into the admin law
of the state.

Administrative Law
YES. Guides officers in their
actions as agents of
government.

Constitutional Law
General framework of
government organization
Treats of rights of individual

Administrative Law
Execution of general framework,
including details
Rights of individual from
standpoint of government
powers
Emphasis
on
powers
of
government as against duties of
citizens
Remedies
for
violation
of
individual rights

Emphasis

Emphasis on rights

In relation with
individual rights

Limitations
on
government
powers to protect individual
rights from abuse

* Administrative law supplements and complements constitutional law in as far as it determines

rules relative to the activity of administrative authorities.

Nature

Subject matter

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Criminal Law
Body of penal sanctions applied
to all branches of law

Administrative Law
Rule may be enforced through a
penal sanction, but is really
administrative in nature.

Public Administration
Practical management of
various State organs/ execution
of state policies by officers
entrusted with such functions

Administrative Law
Refers only to external aspect of
public administration, although
constituting bulk of public
administration.

Principal subdivisions and classifications

Subdivisions
Internal Administration legal relations between government and
administrative officer, or between administrative officers/ organs

Considers legal aspects of public administration on

institutional side

Includes:
Legal
structure
or
organization
of
public
administration
Legal aspects of institutional activities
Legal questions involved in over-all amangement
External Administration legal relations between administrative
authorities and private interests

Divisions:
Survey of powers and duties of administrative
authorities that relate directly to private interests
Analysis of scope and limits of such powers
Some account of the sanctions attached to/ means
enforcing official determinations
Examinations of remedies against official action.
Classifications
Source
Purpose
Applicability
Law controlling:
Procedural:
General:
Constitution, statutes,
Derived from delegating
Common to most
judicial decisions, executive law, established procedure
administrative agencies
orders, orders of
which an agency must
and is chiefly procedural.
administrative superiors
follow in pursuit of its legal
purpose
Law made:
Substantive:
Specific:
General regulations and
Derived from same sources Pertain to particular
particular determinations,
as procedural law but
agencies and proceeds
presidential proclamations
establishes primary rights
from statue creating
issued under clauses, rules
and duties.
individual agency.
of practice and decisions of
admin tribunals, cease and
desist orders of admin
bodies
Advantages and criticisms
Administrative process whole of the series of acts of an administrative
agency whereby the legislative delegation of a function is made effectual in
particular situation. Embraces matters concerning the procedure in the
disposition of both routine and contested matters, and the manner in which
determinations are made, enforced, and reviewed.
Advantages:
V. Executive Action

Insures greater uniformity and impersonality of action

Discretion is sometimes preferable to the rule.

ADMINISTRATIVE LAW

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V. Judicial Power

Despite differences in administrative and judicial process,

there are deemed collaborative instrumentalities of
justice, in that courts entertaining actions before them may
call the aid of administrative agencies on questions needing
administrative competence.

Role of courts:
Accommodate administrative process to traditional
judicial system
Accommodate private rights and public interest in
the powers reposed in the administrative agencies
Reconcile democratic safeguards with effective
government conduct.

Aim of judicial role:

Maintain Constitution by seeing that powers are not
unlawfully vested in administrative agencies, and
those which are lawfully vested are lawfully
exercised.
Give due deference to role of administrative agencies
(no unwarranted limitation of lawfully vested powers
and functions)
Lend judicial powers for proper attainment of valid
administrative objectives.
Leave to legislature/ people the remedy for unwise
or undesirable, albeit lawful, administrative action

Judicial process is not the alternative to administrative

process in the ff. circumstances:
Issuance of rules and regulations of general
applicability
Fixing of rates and prices
Refusal of license grant
Functions involving discretion with respect to future
conduct

Limitation upon exclusive judicial enforcement

Judicial enforcement not uniform because courts
may vary in their application of the law/ will not take
initiative in enforcement.
Admin agencies help in creating uniform execution
policies.
V. Legislative Action

Trend toward Preventive Legislation desire for more

effective and flexible remedies

Limitations on effective legislative action:

Practicality in view of lack of time, specialized
knowledge, lack of staff for securing expert
information, complexity of problems arising withint
eh framework of general policy, harmful rigidity
which would result from attempting to anticipate in
statue the variety and changing character of
situations

Continuity of attention and clearly allocated responsibility

Need for organization to dispose of volume of business and to provide
the necessary records.
Criticisms:
Tendency towards arbitrariness
Lack of legal knowledge and aptitude in sound judicial technique
Susceptibility to political bias or pressure
Disregard for safeguards of full and fair hearing
Absence of standard rules of procedure suitable to activities of each
agency
Dangerous combination of legislative, judicial, and executive functions.

Administration as a separate power

Function of execution of law + totality of executive and administrative
authorities.
o As a function execution, in the non-judicial sense, of the law or will
of the State as expressed by competent authority.

Activity of executive officers in government, those having to

do with carrying of laws into effect.
o As an organization group of persons in whose hands the reigns of
government are for the time being.
Administration of government v. Administration of justice
Administrative officers those charged with administration of government
work not necessarily a result of controversy and not merely dependent
on the solution of the question of law, but usually a result of
consideration of expediency.
Judicial officers those charged with administration of justice
involves decision of controversies between individuals and government
officers, as to the applicability of a particular rule of law.
Administration as organization v. Government
Government institution or aggregate of institutions by which an independent
society makes and carries out those rules of action which are necessary to
enable men to live in a civilized state.
Administration aggregate of persons in whose hands the reigns of the
government are entrusted by the people for the time being.

CHAPTER 2: NATURE AND ORGANIZATION

A. STATUS AND CHARACTERISTICS
Creation, reorganization and abolition
May be created by:
Constitution
Legislative enactments

ADMINISTRATIVE LAW

Executive
Creation subject to constitutional restrictions.
Duly executed acts of admin agencies have valid effects beyond the life span of
agency.
Agencies of statutory origin are subject to expansion/contraction of powers,
reorganization, or abolition at the will of Congress, still subject to
constitutional limitation.
When the purpose of statue is to abolish an office and replace it with
another one, LAW MAKING AUTHORITY HAS TO SAY SO.
Congress can delegate power to create positions.
Reorganization is regarded as valid provided it is pursued in good faith.

Meaning of administrative agency

Administrative agency agency exercising some significant combination of
executive, legislative, and judicial powers.
Can refer to fourth governmental power
Agency of the government any of the various units of the government
National agency unit of national government
Local agency local government or unit therein.
Administrative agency v. Court
Admin Agency
Composition
Men who are deemed to become
something of experts in their
particular fields
Functions
Variety of functions
Governing Rules Varying degree of discretion/ not
bound by technical rules of
evidence

Court
Tribunal presided by one or more
jurists learned in law
Strictly judicial
Governed by fixed rules/ no final
adjudication is to be made until
after due notice and hearing.

Status and Character of particular administrative agencies

Status and character of administrative agency depends on terms of
constitutional or statutory provisions creating them.
As public or governmental agencies: Generally, they may be said to be agencies
of the government (acting for and in behalf of the government) although they
may determine issues between private parties as incidents of their public
functions.
As judicial bodies or courts:
Strict sense: NOT court and NO INHERENT JUDICIAL POWERS, cannot
exercise purely judicial functions, not bound by rules of court
Broad sense: can be administrative agencies exercising adjudicatory
powers.
Admin agencys function is primarily regulatory despite conducting
hearings and deciding on controversies. Judicial bodys function is to
adjudicate upon and protect rights of private parties.
As legislative or executive agencies:
Cannot be clearly attributed to either executive or legislative branch
because they may be deemed to be agents of the said branches in that

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When agents of legislative: may perform legislative functions

although without legislative power in strict sense

When agents of executive: may be viewed as part of

executive when performing functions needing their
competence in certain matters within the scope of their
authority.
As independent/ subordinate bodies:
Administrative agency usually refers to body independent of
executive branch/ not subordinate to superior head of department.
As corporate bodies/legal entities:
May have corporate legal capacity to sue and be sued.
May have perpetual existence apart from members

Main characteristics and its consequences

Characteristic Description
Size
LARGE. Reflecting nationwide
jurisdiction and character of work.
Specialization

Technical/ professional training

Responsibility
for results

Tasked with accomplishing a

particular statutory end (if
created by Congress) and hence
cannot take a passive attitude
towards issues.
Variety in circumstances and
conditions under which the
activities of various agencies
impinge upon private individuals

Variety of
administrative
duties

Problems
Internal organization; delegation
of authority; means of dispute
settlement
Optimum utilization of skills;
Procedure for adjudication and
rule making.
Conflict arising from combination
of prosecution and adjudication

Difficulty of generalizing
description and prescription
(especially in procedure)

Above characteristics contribute to delegation of function and authority.

Heads need not necessarily be specialists themselves, although specialists must
be immediately available to them. Majority of heads work involves supervision

and direction.

Delegation of function and authority

Types of delegation:
Internal management
Authority to dispose of routine matters
Authority to dispose of matters informally/ initiate formal proceedings
Authority and function in formal proceedings
Degrees: (may be combined with supervision and control, calling for the ff.)
Policy statements of agency heads, crystallized for routine application
Consideration by admin heads of cases where application of
established policy is difficult/ policy is not crystallized
Requirement of weekly/daily reports to agency heads

ADMINISTRATIVE LAW

Types of Administrative Agencies

Offer grant/ gratuity
Veterans, GSIS, Public Attorneys Office, PMCC
Carry on certain government functions
BIR, Customs, Immigartion, LRA
Performance of business service
MWSS, NFA, NHA, Phil. Post. Comm., Phil. Railways
Regulate business affected with public interest
IC, LTFRB, ERB, NTC, HLURB
Regulate private businesses and individuals
SEC, MTRCB, GAB, DDB, BRCP
Adjust individual controversies in light os strong social policies
NLRC, ECC, SSC, SEC, DAR, COA
B. ADMINISTRATIVE ORGANIZATION
Distribution of powers of government
Administrative organization administrative structure of government including
its political subdivisions and the allocation of powers, functions, and duties to its
various agencies.
Traditional branches: legislative, executive, judicial
Special bodies: CSC, COMELEC, COA, Ombudsman, CHR
(constitutionally granted powers)
Organization of the Office of the President
Office of the President Proper
Private office - direct service to president/ first family)
Executive office - responsive to needs of President to achieve
objectives of office)

Executive Secretary, Deputy executive secretaries, Assistant

Executive secretaries.
Staff support system offices under the general categories of
development and management, genral government administration and
internal administration
Presidential assistants/ advisers system consultative services to the
president in such fields and under such conditions as the president
may determine
Agencies under the office of the president those offices under:
Chairmanship by the president
Administrative supervision of president
Attached to OP for policy and proper coordination
Not places by law creating them under any special department
President to have continuing authority to reorganize the administrative structure
of the Office of the President by:
Restructuring the internal organization
Transferring any function under OP to any other Department or Agency
(and vice versa)
Transferring agency under OP to another agency (and vice versa)
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Organization of Departments
Department executive department crated by law, including any
instrumentality having or assigned the rank of department (regardless of
designation)
Instrumentality any National Government agency:
not integrated with the department framework vested with special
functions or jurisdiction by law
endowed with autonomy, usually through a charter
includes:

regulatory agencies

chartered institutions

government owned and controlled corporacial charter, vested

by law with functions realating to specific constitutional
policies or objectives
Number, purpose, decentralization
Number of departments as necessary for functional distribution of the
work of the President & performance of functions
Organized and maintained to insure capacity and plan to implement
programs in accordance with national policies
Grouped primarily on basis major functions for purposes of simplicity,
economy, efficiency in operations
Decentralized functions to reduce red tape and relieve officials from
unnecessary involvement in routine and local matters
Department proper
Secretary + Undersecretary + Assistant Secretary

Secretary supervision and control of department; has

authority and responsibility for the exercise of mandate of
department and discharge of its powers

Undersecretary advise and assist the secretary in the

formulation and implementation of department objectives and
policies

Assistant secretaries perform such duties as may be

provided by law or assigned to him by the Secretary
Shall have as many number of under secretaries as may be provided
for by law
Assistant secretary position may be created whenever necessary
Major units:

Planning service planning, programming, project

development

Financial and management service budgetary, financial,

and management affairs

Administrative Services personnel legal assistance,

information, records, delivery, receipt of correspondence,
supplies, equipment, collections, disbursement, security and
custodial work

Technical Services technical staff activities not otherwise

allocated to three other services

Legal Services where legal work is substantial (although

usually part of administrative services)

ADMINISTRATIVE LAW

Jurisdiction over bureaus

Each department shall have jurisdiction over bureaus, offices,
regulatory agencies and government corporations assigned to it by law
in accordance with the applicable relationships
Assignment of offices and agencies, etc.
President shall assign/attach offices and agencies not otherwise
assigned/attached by law to any department

Organization of bureaus
Bureau principal subdivision or unit of any department performing a single
major function or closely related functions
Powers and duties of heads of bureaus (directors):
Appoint and discipline personnel
Designate assistant heads to act as chief of any division or unit without
additional compensation
Fix amount of bonds executed by private parties to government
Prescribe forms and issue circulars (PENALTIES NOT PRESCRIBED
UNLESS PROVIDED BY LAW)
Issue orders regarding internal affairs
Staff Bureau policy, program development, advisory functions
Line Bureau directly implement programs pursuant to department policies
and plans

Administrative supervision SUPERVISION - administrative relationship

between a department and regulatory agencies
Oversee operations of such agencies
Require submission of reports and cause audit and evaluation to
determine compliance with policies
Take necessary action for performance of official functions
Review budget proposals
LIMITATIONS (may NOT extend to )

Personnel actions in accordance with decentralization

Contracts which review and procedures are governed by

appropriate laws

Power to review, reverse, revise, modify decision of regulatory

agencies
Attachment lateral relationship between department and attached agency
for purposes of policy and program coordination
Day-to-day administration left to head of agency.
In case of conflict, bring to secretary.
If secretary unable to resolve, bring to President.
GOCCs to submit to secretary audited financial statements within 60
days after the close of the fiscal year.

Pending review, GOCC to operate within last years budget.

Organization of field offices

Regional Offices established according to law defining field service areas
Administration Regional Director + Assistant Regional Director
Supervision by staff or line bureau depending on activity
Organization organized according to functional areas represented by primary
office
Functions of Regional Office
Implement laws, policies, plans, programs, rules and regulations of the
department or agency in the regional area;
Provide economical, efficient and effective service to the people in the
area
Coordinate with regional offices of other departments, bureaus and
agencies in the area;
Coordinate with local government units in the area; and
Perform such other functions as may be provided by law

Powers of Department Secretary

Advise the president in issuing orders (relative to matters under jurisdiction of
department)
Establish policies and standards for Department operations pursuant to
approved programs of governments
Promulgate rules and regulations necessary to carry out department objectives
Promulgate administrative issuances for efficient administration of offices under
the secretary (no penalties for violation unless expressly authorized by law).
Exercise disciplinary powers over officers and employees under the secretary in
accordance with the law
Appoint all officers and employees of department unless expressly reserved in
some other appointing authority
Exercise jurisdiction over all bureaus, offices, agencies, and corporations under
department as provided by law
Delegate authority to officers and employees under secretarys direction and in
accordance with Code
Perform such other functions as may be provided by law

Definition of administrative relationship

Supervision and Control CONTROL
Act directly whenever a specific function is entrusted by law or
regulation
Direct performance of duty/ restrain the commission of acts
Review, approve, reverse, modify acts and decisions of subordinate
officials
Determine priorities in the execution of plans and programs
Prescribe standards, guidelines, plans and programs

Authority of Department Secretary

Supervision and control over bureaus, offices, and agencies subject to the ff:
Initiative and freedom of action on part of subordinate is to be
encouraged
Experience judgment to be vested by law upon subordinate agency
with respect to functions involving discretion
Provisions of Admin Code applicable to any regulatory function of an
agency subject to department control

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ADMINISTRATIVE LAW

Secretarys authority NOT applicable to chartered institutions

or GOCCs attached to department

Delegation of Authority
Delegated authority shall be to the extent necessary for economical, efficient
and effective implementation of national and local programs
Delegation shall be in writing/ indicate which officer delegation is made/ vest
sufficient authority to discharge assigned responsibility
Line bureau authority
Exercise supervision and control over regional and field offices
Regional and field offices to serve as operating arms of bureaus in particular
regions
GOCCs and Department
GOCC agency organized as (stock or non-stock) corporation with functions
relating to public needs, whether governmental or proprietary
owned by Government directly or through its instrumentalities(wholly
or at least 50% of capital stock with respect to stock corporations)
may be further categorized by DBM, CSC, and COA for purposes of
discharge of power
attached to appropriate department with which they have allied
functions/ as provided by EO
At least 1/3 of board of GOCC should either be Secretary, USec, or
Asec.
Const, Art 7, Sec 13 Pres, VP, Cabinet (deputies and assistants) are
prohibited from holding any other office or employment
Regulatory Agencies and Department
Regulatory Agency expressly vested with jurisdiction to regulate,
administer, adjudicate matters affecting substantial rights and interest of private
persons, principal powers of which are exercised by a collective body.
Subject to administrative supervision of department under which they are
placed (except government corporation)
Heads of Regulatory agencies to submit budgets and work plans annually for
approval of Secretary
May avail of common and auxiliary management services of the department as
may be convenient and economical for their operations
Mandates to Different Departments
DFA foreign relations
Finance fiscal policies
Justice legal counsel and prosecution arm
Agriculture
DPWH engineering and construction arm
DECS education
DoLE labor
Defense guard against national security threats
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DOH health
DTI trade and investments
DAR agrarian reform
DILG local governments
DoT tourism
DENR use of natural resources
DOTC transpo and communication
DSWD approach to welfare
DBM formulation and implementation of national budget
DOST scientific and technological development
DoE energy exploration

CHAPTER 3: POWERS AND FUNCTIONS

A. IN GENERAL
Meaning
Powers means by which the function is fulfilled
Functions that which one is bound or is ones business to do
Source of Powers
Constitutionally granted/ delegated by statute
Failure to exercise does not forfeit or extinguish powers
Scope of Powers
Express and Implied statues conferring power must be liberally construed to
enable proper discharge of functions
Express as in Constitution or statute
Implied those which are necessarily included in express powers
Where general power is conferred/enjoined, every particular power
necessary for exercise of one or the other is also conferred.
Inherent no inherent powers, except those necessarily implied.
Quasi-judicial generally, no quasi-judicial powers and acquisition is entirely
dependent on enabling law.
Nature of powers
Purely constitutional or statutory.
Conferred powers must be commensurate with duties to be performed (broad).

Powers subject to Constitution/ applicable law./ administrative regulation

What constitutes administrative power/ function
Term merely for convenience rather than technicality
Powers not explicitly legislative, executive, and judicial
Powers involve exercise of judgment and discretion

ADMINISTRATIVE LAW

Classification of Powers
Nature
Investigatory powers
Quasi-legislative (rule making)
Quasi-judicial (adjudicatory)

Degree of subjective choice

Discretionary
Ministerial

Discretionary persons exercising it may choose which of several courses will

be followed (dictates of judgment and conscience)
Ministerial simple definite duty imposed by law; no dependence on
discretion

Right to counsel only applies in custodial investigation in relation to

criminal prosecutions and as such, does not apply to investigations of
administrative nature.

Importance of administrative investigations

Rule-making, adjudicating, licensing
Prosecuting, supervising and directing, determining policies, recommending
legislation, illuminating obscure areas

C. RULE-MAKING POWERS
B. INVESTIGATORY POWERS
Generally
Power to investigate, initiate action and control range of investigation
Consists in gathering, organizing, and analyzing evidence
May be granted sole powers (merely investigatory/ advisory/ recommendatory)
Maybe granted powers as aid to other powers which they possess (inform
themselves to determine if further action is necessary)
Test of w/n exercising judicial functions:
Adjudication authority to make final pronouncements
Investigation merely to evaluate evidence based on facts and
circumstances/ no authority to make final pronouncement
Scope
Exercised within limits prescribed and bear a reasonable relationship to general
powers granted
Initiation of investigation
Conduct of investigation private
Inspection and examination
Requirements as to accounts, reports etc. (alongside right to have access to and
copy of documentary evidence of any person subject of investigation)
Requiring attendance of witnesses/ giving of testimonies/ production of
evidence (MUST BE PROVIDED BY STATUTE)
Hearing NOT necessary part of investigation
Contempt proceedings possible only if EXPRESSLY granted by enabling law
Application of technical rules of procedure and evidence wide latitude of
discretion in procedure
Right to Counsel in administrative investigations
Hearing not part of criminal prosecution (may or may NOT be assisted by
counsel)
Exclusionary rule in custodial investigation not applicable.
Custodial investigation stage where investigation has begun to focus
ona particular suspect who has been taken into custody to carry out a
process of interrogation which mya elicit incriminating statements

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Generally
Nature what may be granted is rule-making power to implement the law it is
trusted to enforce
Necessity subordinate legislation practicality and specialization considered,
to accommodate the various and varying details of management.
Conditions
Completeness test
Sufficient standard test
Binding force and effect valid rule or regulation is LAW and has binding effect
on agency and those dealing with agency.
Prospective/ retroactive application prospective application unless intent to the
contrary is manifested.
Legislation on administrative level
Legislative power power to make, alter, or repeal laws/ rules in the FUTURE
Administrative legislation/ delegated legislation/ ordinance making/
quasi-legislation legislation within the confines of the granting statute
Held to ba a valid source of authority to delegate a particular function unless by
express provision of the statute such has been withheld.
Limitations on rule-making power
Admin body may not make rules whicha re inconsistent with provisions of
Constitution or enabling statute
Admin body may not abridge statute. It is confined to putting the law into effect
or carrying out the legislative purpose.
In case of discrepancy between basic law and rule, basic law prevails because
said rule cannot go beyond terms of law.
Rules must be uniform in operation, reasonable, fair, non-discriminatory.
Rules and regulations v. orders or ruling
Rules and regulations used interchangeably although former is broader
Duly made general rules relative to the subject on which the
administrative agency acts, in aid of enforcement of its provisions
Administrative regulations MAY constitute merely an administrative
opinion as to what a statue under construction means (interpretative
regulations)

ADMINISTRATIVE LAW

Orders/ rulings more of a judicial function which deal with a particular present
situation
Ruling frequently used to signify interpretation of a statute to a
particular situation

Kinds of rule-making powers (PIPICS)

Power

Rule-Making/Admin

Procedural
Internal
Penal
Interpretative
Contingent
Supplementary

admin
admin
Admin
RM
RM
RM

Published/ Not published

Express/Implied

ALWAYS EXPRESS
NOT PUBLISHED
ALWAYS EXPRESS

Interpretative Rules and Regulations

Resemble judicial adjudication in that they purport to do nothing more than
interpret the statute being administered and anticipate what ultimately must be
done by the courts.
Valid only in as far as they correctly construe the statute.
Merely advisory and not conclusive. Final determination to be done by courts.
Legislative v. Interpretative
Legislative
Power to create new law
May embody new law
Need for express delegation

May be issued only under

express delegation of law

Statutory sanction

May
provide
sanctions
unless
ultra
vires/
unconstitutional
Binding if valid
No
vested
right;
government not in estoppel
to correct rule

Ana Margarita Mortel

Procedural rules
Procedural rules method by which agency will carry out tis functions

NOT PUBLISHED

Legislative Rules and Regulations

Subordinate legislation rules and regulations issued only in virtue of
statutory delegation
If valid has force of law
Characteristics:
Statute delegates power to agency to adopt the rule.
Provides that rule shall have authoritative force if within delegated
power.

Binding force and effect

Consequence of wrong
construction

Contingent rules and regulations

Contingent rules those which shall take effect only after the happening of a
future specified contingency (leaving to some other person/body the power to
determine when the specified emergency has arisen)
Difference between rule-making (invalid because it involves discretion as to
what the law should be) and conferring authority to execute the law (valid)

Interpretative
Clarify previously existing
laws
May be issued as necessary
incident of administration of
regulatory statute
No statutory sanction
Advisory, persuasive
May be set aside by judicial
department if tainted with
grave abuse of discretion

Ordinance powers of the President (GAME PM)

Executive orders rules of general or permanent character in execution of
Constitutional or Statutory powers
Administrative orders relate to specific governmental operations
Proclamations fixes date/ declares status of public interest upon the
existence of which the operation of law is made to depend
Memorandum orders matters of administrative details of subordinate or
temporary interest and concern only a particular office(r).
Memorandum circulars internal administration which the President desires
to bring to offices for information and compliance
General or special orders in capacity as Commander-in-chief
Administrative issuances of Secretaries and heads of bureaus, offices or
agencies
Circulars or orders
Circulars - issuances prescribing policies, rules and regulations, and
procedures promulgated pursuant to law, applicable to individuals and
organizations outside the Government and designed to supplement
provisions of the law or to provide means for carrying them out,
including information relating thereto
Orders issuances directed to particular offices, officials, or
employees, concerning specific matters including assignments, detail
and transfer of personnel, for observance or compliance by all
concerned.
Numbering System of Issuances - Every circular or order issued pursuant to the
preceding section shall properly be identified as such and chronologically
numbered. Each class of issuance shall begin with number 1 of each calendar
year .
Official Logbook - Each department, bureau, office or agency shall keep and
preserve a logbook in which shall be recorded in chronological order, all final
official acts, decisions, transactions or contracts, pertaining to the department,
bureau, office or agency. Whenever the performance of an official act is in
issue, the date and the time record in the logbook shall be controlling. The
logbook shall be in the custody of the chief Administrative Officer concerned
and shall be open to the public for inspection.
Government-wide Application of the Classification of Issuances.

ADMINISTRATIVE LAW

The Records Management and Archives Office in the General Services

Administration shall provide such assistance as may be necessary to
effect general adherence to the foregoing classification of issuances,
including the conduct of studies for developing sub-classifications and
guidelines to meet peculiar needs
All administrative issuances of a general or permanent character shall
be compiled, indexed and published.

Practical necessity of rule-making power

Regulation of highly complex and changing conditions
Gradual change in the regulatory role of Congress (Congress to give out general
principles whicl administrative bodies to apply those general principles)
Inability of legislative bodies to anticipate future situations
Special advantages of the rule-making power
Legislature freed form concern with details and more focus upon enactment of
fundamental policies.
Legislature has additional time to investigate concretization by admin authorities
of policies.
Easier to correct mistakes in rules
Administrator does not have to choose between efficiency and letter of the law.
Allowance to administrator of trial and error by working out policies.
Bureaucracy subject to political and professional responsibility.
Less prone to abuse if statutory generalities are made more specific.
Increases certainty of law.
Contingent legislation furnishes means by which policy can be blocked out by
legislature.
Requisites for valid administrative rules and regulations
Issued upon authority if law
Must not be contrary to law and Constitution
Promulgated in accordance with procedure
In some cases
Notice and hearing
Publication
Grant of rule-making powers
Expressly by legislative act
Implication from expressly granted powers
Consistency with law and Constitution
Must not be in conflict with law or Constitution. IN case of discrepancy between
implementing rule and basic law, basic law prevails.
Determination of validity Legislative rule:

Relevance - w/n rule relate to subject matter on which power

to legislate has been delegated
Ana Margarita Mortel

Conformity with standards - w/n rule conforms to standards

prescribed in delegating law

Constitutionality w/n rule is invalidated on constitutional

grounds
Interpretative rule:

Correct interpretation - w/n rule correctly interprets statute

Observation of limits w/n rule is an attempt to exercise

undelegated legislative powers
Tests for validity
Rule invalid if exceeds authority granted to it
Rule invalid if conflicts with governing statute
Rule void if it extends or modifies the statute
Rule void if no reasonable relationship to statutory purpose
Courts to set aside rules deemed unconstitutional, arbitray, or
unreasonable

Reasonableness requirement
Bear reasonable relation to purpose sought to be accomplished
Supported by good reasons (depends on character or nature of subject matter
of rule)
Free from constitutional infirmities or charges of arbitrariness
LIBERAL INTERPRETATION where rigid enforcement will result in deprivation of
rights.
Internal rules and regulations
Those issued by superior admin officer to his subordinate
Object: efficient and economical administration of departmental affairs
Nature: administrative in nature, do not pass beyond limits of
department/agency to which they are directed; create no rights in third persons
Penal rules and regulations
Those carrying penal or criminal sanctions for violation of the same
Administrative authorities are authorized to issue administrative
regulations which are penal in nature and where the delegating statue
itself makes the violation of the administrative regulations punishable
and provides for its penalty.
Requisites for validity:
Delegating law must provide for imposition of penalty for violation
Delegating law must fix or define such penalty
Violation for which penalties are imposed must be punishable or made
a crime under the delegating law
Rules and regulations must be published in Official gazette
Legal force and effect of administrative rules and regulations
Courts accord great respect to administrative authorities because of separation
of powers and presumed knowledgeability in enforcement of laws entrusted to
their jurisdiction.
Legislative rules law if valid
Interpretative validity subject to court challenges, although given great weight

ADMINISTRATIVE LAW

10

Rules prescribing methods of procedure are bing on both agency and

respondent parties.

Principles of administrative construction

Same as those used in contruction of statutes:
Expression unius est exclusio alterius
That construction which will sustain its validity, or the more reasonable
interpretation
Penal provisions should be strictly construed but not so much as to
defeat the purpose for its adoption
In suits involving admin agency, rles should be construed strictly
against it (ambiguities resolved in favor of adversaries)
Look at administrative construction unless meaning of words are not
technical.
Liberal construction to achieve purpose
Effect of reliance on rules
A person who relies in good faith onany agency rule should be held harmless
from loss if that rule is later held invalid/ amended
Invalid or unconstitutional null, vests no rights
Subsequently amended prospective enforcement especially if retroactive
enforcement will prove to be detrimental to interests of persons who relied on
superseded rule.

Retroactive operation of rules, regulations and rulings

Depends on delegating law
No prohibited as long as it does not conflict with legislative prescriptions to
make retroactive laws

Amendment or repeal of administrative rules and regulations

Admin agency has authority to change rules promulgated by it, and such fact
does not mean that previous rule is unreasonable.
Change must be made within statutory procedural requirements.
Generally, admin rule must not be changed so as to effect a retroactive change,
unless such retroactive amended was intended to actually correctly apply the
law.
Res judicata not applicable to admin bodies exercising regulatory or quasilegislative power, although agency bound to recognize validity of rule of conduct
prescribed by it.
Liberal construction of procedural rules where no prejudice will result.
Requirements on promulgation of rules and regulations

Section 3. Filing. - Every agency shall file with the University of the Philippines
Law Center three (3) certified copies of every rule adopted by it. Rules in force
on the date of effectivity of this Code which are not filed within three (3)

Ana Margarita Mortel

ADMINISTRATIVE LAW

months from that date shall not thereafter be the basis of any sanction against
any party or persons.
The records officer of the agency, or his equivalent functionary, shall
carry out the requirements of this section under pain of disciplinary
action.
A permanent register of all rules shall be kept by the issuing agency
and shall be open to public inspection.
Section 4. Effectivity. - In addition to other rule-making requirements provided
by law not inconsistent with this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided unless a different date is
fixed by law, or specified in the rule in cases of imminent danger to public
health, safety and welfare, the existence of which must be expressed in a
statement accompanying the rule. The agency shall take appropriate measures
to make emergency rules known to persons who may be affected by them.
Section 5. Publication and Recording. - The University of the Philippines Law
Center shall:
Publish a quarter bulletin setting forth the text of rules filed with it
during the preceding quarter
Keep an up-to-date codification of all rules thus published and
remaining in effect, together with a complete index and appropriate
tables.
Section 6. Omission of Some Rules.
The University of the Philippines Law Center may omit from the bulletin
or the codification any rule if its publication would be unduly
cumbersome, expensive or otherwise inexpedient, but copies of that
rule shall be made available on application to the agency which
adopted it, and the bulletin shall contain a notice stating the general
subject matter of the omitted rule and new copies thereof may be
obtained.
Every rule establishing an offense or defining an act which, pursuant to
law, is punishable as a crime or subject to a penalty shall in all cases
be published in full text.
Section 7. Distribution of Bulletin and Codified Rules. - The University of the
Philippines Law Center shall furnish one (1) free copy each of every issue of the
bulletin and of the codified rules or supplements to the Office of the President,
Congress, all appellate courts and the National Library. The bulletin and the
codified rules shall be made available free of charge to such public officers or
agencies as the Congress may select, and to other persons at a price sufficient
to cover publication and mailing or distribution costs.
Section 8. Judicial Notice. - The court shall take judicial notice of the certified
copy of each rule duly filed or as published in the bulletin or the codified rules.
Section 9. Public Participation. - If not otherwise required by law, an agency
shall, as far as practicable, publish or circulate notices of proposed rules and
afford interested parties the opportunity to submit their views prior to the
adoption of any rule.
In the fixing of rates, no rule or final order shall be valid unless the
proposed rates shall have been published in a newspaper of general
circulation at least two (2) weeks before the first hearing thereon.
In case of opposition, the rules on contested cases shall be observed.
11

Requirements of notice and hearing or publication

Prior notice and hearing not required in the exercise of quasi-legislative powers
because no there is no determination of past events or establishment of facts.
Where rules do NOT apply to named or specified parties: notice and
hearing not required; Not required also where rules are meant to apply
to all enterprises of a given kind in the Philippines.
Where rules apply to named or specified parties: previous notice and
hearing may be required if such rules exclusively applying to a party is
predicated upon a finding of fact and such fact is denied by the party.
Where requirements prescribed by law: notice must be given if
prescribed by law
Where rules have the force and effect of law: when issuances are of
general applicability, publication is required.

Subsequent publication will not cure defect.

Example: Eos, Admin RR

Where rules merely interpretative or internal: need not be published.
D. ADJUDICATORY POWERS
Generally
Adjudicatory or determinative powers
Involve specific parties (as opposed to rule-making general application)
Judicial function exercised by person other than a judge
Involve exercise of quasi-judicial power (exercise of judicial power by
an admin agency)
Distinguished form judicial power
Judicial power power to hear, try, and determine all sorts of cases at law and
equity brought before the courts/ final determination of rights and liabilities of
contending parties
Administrative adjudicatory powers where the function of the agency is (1)
primarily administrative and (2) the power to hear and determine controversies
is granted as an incident to the administrative duty, the power is administrative.
Where the function is primarily to decide questions of legal rights between
private parties with respect to a controversy (decision primary object and NOT
mrely incidental to regulation), the power is judicial.
Freedom of action
Absence of control or coercive influence
Extent of judicial or quasi-judicial powers of administrative agencies
Limited jurisdiction resolution of questions of complex or specialized
character/ to declog court dockets
Extent of powers depends largely on enabling act quantum of such powers
defined by enabling act and grant of original jurisdiction on quasi-judicial agency
is NOT implied.
Split jurisdiction not favored those controversies falling within specialization of
agency are within its jurisdiction.
Grant of power must be found in the law itself.
General policy to uphold exercise.
Ana Margarita Mortel

Distinguished from investigative power

Investigate examine, explore, inquire
Adjudicate judge, decide, determine, resolve (based on merits of issues
raised)
Distinguished from legislative power
Time, person, grant of power, publication, existence of controversy
QL
QJ
Time
Future and existing conditions Past or present facts under
existing laws
Person (subject)
General/Classes of persons or Particular named persons or
situations
situations
Grant of power
May merge with adjudicatory powers where regulations are set
down as to grant a license or permit
Notice and hearing
Not required
Required
Publication
Required
Not required
Controversy
None
Present
Nature of particular acts
Licensing, enabling, or approving QJ except if:
Discretionary refusal was not based on conflicting evidence although
hearing for obtention of facts is QJ in nature.
Fixing rates and charges either QL or QJ:
If rules to apply to a class of persons QL
If rules apply to particular party basedon finding of fact QJ
In either case rates must non-confiscatory and must have been
established in manner prescribed by legislature.
Miscellaneous acts (ADMINISTRATIVE, NOT JUDICIAL)
Auditing accounts of receiver of public moneys
Determination by CSC of classification and grading in Civil Service
Passing upon petition to callf or elections
Function of draft boards
Investigation for purposes of ascertaining correctness of tax return
Parole of prisoners (if sentence not affected)/ revocation of parole
Transfer of prisoners from one place to another
Preliminary finding of probable cause of arrest
Initial determination as to thing are nuisances or not
Closing and taking charge of banks found to beinsolvent and
assessment of stock holders
Determination of w/n CBA is violated
Issuance of warrant of distraint of levy in tax cases
Deportation of aliens
Classification of Adjudicatory powers (DEEDS)
Dispensing exempt/ permit; authority to exempt from prohibitions, relief from
affirmative duties:
Differs from licensing in purpose: dispensing sanctions deviations from
standard whereas licensing sets or assumes a standard.
Enabling grant/permit; granting or denial of licenses or permits

ADMINISTRATIVE LAW

12

Equitable power to determine the law and make proper application of rules of
equity.
Issuance of injuctions if statutorily granted
Determination of fair and reasonable standards
Directing corrective/ award; powers of abstract determination such as
definition-valuation, classification, fact finding, powers of assessment,
reparations under utility laws, corrective power of PU commissions
Summary compel/force; administrative power to apply compulsion or force
against person or property to effectuate a particular purpose without a judicial
warrant to authorize such action (has to be statutorily granted)

CHAPTER 4: SEPARATION OF POWERS

Doctrine of separation of powers
Powers are allocated among three branches (executive, legislative, judicial),
although separation not absolute.
Powers assigned to one branch should not be exercised by either of the other
two branches, and no department should exert an overruling influence over the
others.
Doctrine of non-delegation of powers
Potestas delegata non potest delegari.
What has been delegated may not in turn be delegated.
Legislative power may NOT be delegated.
NOT-ABSOLUTE
Such doctrine does not preclude a certain degree of admixture of the
three powers in administrative agencies.

NECESSITY

Questions beyond the determination by legislature

EXPERTISE
Requisites for delegation

Completeness test

Sufficiency in standard test

Guides as to delegation of powers to admin agencies
Purely legislative powers CANNOT be delegated.
Delegation of power to make law v. delegation of authority to execute law
Should be question of how law should be applied v. what law shall be.
Legislature may delegate fact finding power.
For purposes of putting into effect, suspending, or applying the law
NOT for creating conditions which constitute the fact.
Legislature must declare a policy and fix a standard in enacting a delegating
law, and admin agency may be authorized to fill in the details.
Possibility that admin officers might exercise powers in arbitrary and
discriminatory manner is NOT a ground for objection to delegation.

Ana Margarita Mortel

By sufficiency of standard, we mean prescription of adequate guidelines in

the law to map out boundaries of the delegate authority and prevent delegation
from running riot.
Personal judgment of agency NOT sufficient if unrestrained.
Liberality in permitting grants of discretion to admin agency in order to facilitate
administration of laws.
Standard may be express or implied.
In delegation of rate-fixing power, only standard is that rate must be
reasonable and just.
Completeness test sufficiently definite and certain to enable one to know
his rights and obligations thereunder. Only question left is how to enforce law.

Restriction on grant of judicial power

Legislature cannot grant judicial powers to admin agencies, although there are
admin functions which are judicial in nature.
Merely quasi-judicial; restricted to that which is incidental and reasonably
necessary to the proper and efficient administration of the statues that are
committed to them for administration.
Where standards may be expressed or contained
In law itself (expressed or implied)
Other sources
Other pertinent legislation
Common sense and experience
Exceptions to rules requiring standards (unlimited discretion)
handling state property or funds
power not exclusively legislative and without relation to personal or property
rights
purely internal matters
unbinding recommendations by the Board
regulation of privileges
impracticable (to lay down definite comprehensive rules)
necessity of protecting general welfare, morals, public safety
Constitutional delegation of legislative power (permissive) PLATE
People at large, Local government, Autonomous regions, Tariff powers,
Emergency powers
Art. 6:
Necessary powers in times of war or national emergency
Fixing of duties and imposts subject to limitations by Congress
Initiative and referendum

Signed by 10% of total registered voters

Every legislative district must be signed by 3% of registered

voters
Art. 10:
Local government structure (initiative and referendum)
Local government in creation of revenues
Alteration of territorial boundaries by plebiscite

ADMINISTRATIVE LAW

13

Creation of autonomous regions by plebiscite

Organic act of autonomous regions powers:

Administrative organization

Creation of sources of revenue

Ancestral domain and natural resources

Personal, family and property relations

Urban and regional planning

Economic, social and tourism development

Educational policies

Preservation and development of cultural heritage

Other matter authorized by law for promotion of general

welfare

Delegation of legislative powers to local governments

Local governments may exercise legislation by prescribing local regulations
Enabling law
completeness
Enabling statute

Law itself
Sufficient standard
Some other statute

Admin agency has

NO POWER to
complete law itself

w/n admin agency

acted within
authority given by
law

CHAPTER 5: ADMINISTRATIVE PROCEEDINGS

Character of proceedings
Adversarial
Quasi-judicial/ judicial in nature if it involves:
Taking and evaluation of evidence
Determination of facts based upon evidence presented
Rendering an order supported by proven facts
Civil (not criminal)
Not an action at law
Jurisdiction
Meaning: power and authority given by law to head and decide a case
Elements:
Jurisdiction over subject matter
Jurisdiction over person
Necessity:
Essential to give validity to determinations of admin agencies
Source:
Constitution/ delegating law
Conduct, waiver, estoppels:
Ana Margarita Mortel

Deviations from statutorily established sphere of action cannot be

made effective by waiver or estoppels.
Active participation in pending case against him is tantamount ot
recognition of said courts jurisdiction
Determination of existence:
Agency may determine if they are authorized by statute to act/
exercise jurisdiction, although such finding is not conclusive upon
courts.
Failure to exercise power:
Does not result in loss of such power
Expiration or repeal of statute:
Does not deprive agency of jurisdiction to enforce statute as to
liabilities incurred while proceedings are pending.
Jurisdiction of courts:
No general powers, but only such as have been conferred upon them
by law.
DOCTRINE OF PRIMARY JURISDICTION question of which body
should first take cognizance of case.

if it is a question involving expertise relief must first be

obtained in an administrative proceeding before remedy will
be supplied by courts.

Procedure to be followed
Procedure prescribed in delegating law; ROC + general principles of logic,
justice and equity suppletory; construction is liberal to effect just, speedy, and
inexpensive disposition of disputes.
Agency may adopt any reasonable method in carrying out its functions (in the
absence of provisions in the delegating law)
What is important is parties were given opportunity to be heard and
accorded basic demands of due process.
Reasonable
Meet due ends of law
Due process
Meet due ends of law

actual
notice
hearing

constructive

w/n adversarial
depends on law

Rules of Adjudication & Appeal : Administrative Code

Section 10. Compromise and Arbitration. - To expedite administrative
proceedings involving conflicting rights or claims and obviate expensive
litigations, every agency shall, in the public interest, encourage amicable
settlement, comprise and arbitration.
Section 11. Notice and Hearing in Contested Cases. In any contested case all parties shall be entitled to notice and hearing.
The notice shall be served at least five (5) days before the date of the
hearing and shall state the date, time and place of the hearing.
The parties shall be given opportunity to present evidence and
argument on all issues. If not precluded by law, informal disposition
ADMINISTRATIVE LAW

14

may be made of any contested case by stipulation, agreed settlement

or default.
The agency shall keep an official record of its proceedings.
Section 12. Rules of Evidence. - In a contested case:
The agency may admit and give probative value to evidence commonly
accepted by reasonably prudent men in the conduct of their affairs.
Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request, the
parties shall be given opportunity to compare the copy with the
original. If the original is in the official custody of a public officer, a
certified copy thereof may be accepted.
Every party shall have the right to cross-examine witnesses presented
against him and to submit rebuttal evidence.
The agency may take notice of judicially cognizable facts and of
generally cognizable technical or scientific facts within its specialized
knowledge. The parties shall be notified and afforded an opportunity to
contest the facts so noticed.
Section 13. Subpoena. - In any contested case, the agency shall have the
power to require the attendance of witnesses or the production of books,
papers, documents and other pertinent data, upon request of any party before
or during the hearing upon showing of general relevance. Unless otherwise
provided by law, the agency may, in case of disobedience, invoke the aid of the
Regional Trial Court within whose jurisdiction the contested case being heard
falls. The Court may punish contumacy or refusal as contempt.
Section 14. Decision. - Every decision rendered by the agency in a contested
case shall be in writing and shall state clearly and distinctly the facts and the
law on which it is based. The agency shall decide each case within thirty (30)
days following its submission. The parties shall be notified of the decision
personally or by registered mail addressed to their counsel of record, if any, or
to them.
Section 15. Finality of Order. - The decision of the agency shall become final
and executory fifteen (15) days after the receipt of a copy thereof by the party
adversely affected unless within that period an administrative appeal or judicial
review, if proper, has been perfected. One motion for reconsideration may be
filed, which shall suspend the running of the said period.
Section 16. Publication and Compilation of Decisions.
Every agency shall publish and make available for public inspection all
decisions or final orders in the adjudication of contested cases.
It shall be the duty of the records officer of the agency or his
equivalent functionary to prepare a register or compilation of those
decisions or final orders for use by the public.
Section 17. Licensing Procedure.
When the grant, renewal, denial or cancellation of a license is required
to be preceded by notice and hearing, the provisions concerning
contested cases shall apply insofar as practicable.
Except in cases of willful violation of pertinent laws, rules and
regulations or when public security, health, or safety require otherwise,
no license may be withdrawn, suspended, revoked or annulled without
notice and hearing.

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ADMINISTRATIVE LAW

Section 18. Non-expiration of License. - Where the licensee has made timely
and sufficient application for the renewal of a license with reference to any
activity of a continuing nature, the existing license shall not expire until the
application shall have been finally determined by the agency.
Section 19. Appeal. - Unless otherwise provided by law or executive order, an
appeal from a final decision of the agency may be taken to the Department
head.
Section 20. Perfection of Administrative Appeals.
Administrative appeals under this Chapter shall be perfected within
fifteen (15) days after receipt of a copy of the decision complained of
by the party adversely affected, by filing with the agency which
adjudicated the case a notice of appeal, serving copies thereof upon
the prevailing party and the appellate agency, and paying the required
fees.
If a motion for reconsideration is denied, the movant shall have the
right to perfect his appeal during the remainder of the period for
appeal, reckoned from receipt of the resolution of denial. If the
decision is reversed on reconsideration, the aggrieved party shall have
fifteen (15) days from receipt of the resolution of reversal within which
to perfect his appeal.
The agency shall, upon perfection of the appeal, transmit the records
of the case to the appellate agency.
Section 21. Effect of Appeal. - The appeal shall stay the decision appealed
from unless otherwise provided by law, or the appellate agency directs
execution pending appeal, as it may deem just, considering the nature and
circumstances of the case.
Section 22. Action on Appeal. - The appellate agency shall review the records
of the proceedings and may, on its own initiative or upon motion, receive
additional evidence.
Section 23. Finality of Decision of Appellate Agency. - In any contested
case, the decision of the appellate agency shall become final and executory
fifteen (15) days after the receipt by the parties of a copy thereof.
Section 24. Hearing Officers.
Each agency shall have such number of qualified and competent
members of the base as hearing officers as may be necessary for the
hearing and adjudication of contested cases.
No hearing officer shall engaged in the performance of prosecuting
functions in any contested case or any factually related case.
Section 25. Judicial Review.
Agency decisions shall be subject to judicial review in accordance with
this chapter and applicable laws.
Any party aggrieved or adversely affected by an agency decision may
seek judicial review.
The action for judicial review may be brought against the agency, or its
officers, and all indispensable and necessary parties as defined in the
Rules of Court.
Appeal from an agency decision shall be perfected by filing with the
agency within fifteen (15) days from receipt of a copy thereof a notice
of appeal, and with the reviewing court a petition for review of the
order. Copies of the petition shall be served upon the agency and all
15

parties of record. The petition shall contain a concise statement of the

issues involved and the grounds relied upon for the review, and shall
be accompanied with a true copy of the order appealed from, together
with copies of such material portions of the records as are referred to
therein and other supporting papers. The petition shall be under oath
and shall how, by stating the specific material dates, that it was filed
within the period fixed in this chapter.
The petition for review shall be perfected within fifteen (15) days from
receipt of the final administrative decision. One (1) motion for
reconsideration may be allowed. If the motion is denied, the movant
shall perfect his appeal during the remaining period for appeal
reckoned from receipt of the resolution of denial. If the decision is
reversed on reconsideration, the appellant shall have fifteen (15) days
from receipt of the resolution to perfect his appeal.
The review proceeding shall be filed in the court specified by statute
or, in the absence thereof, in any court of competent jurisdiction in
accordance with the provisions on venue of the Rules of Court.
Review shall be made on the basis of the record taken as a whole. The
findings of fact of the agency when supported by substantial evidence
shall be final except when specifically provided otherwise by law.
Section 26. Transmittal of Record. - Within fifteen (15) days from the service
of the petition for review, the agency shall transmit to the court the original or a
certified copy of the entire records of the proceeding under review. The record
to be transmitted may be abridged by agreement of all parties to the
proceedings. The court may require or permit subsequent correction or
additions to the record.

Controversies among government offices and corporations

How Settled: Administratively settled or adjudicated in the manner provided
Book IV, Ch. 14.
Shall NOT apply to disputes involving the Congress, the Supreme
Court, the Constitutional Commissions, and local governments.
Disputes Involving Questions of Law: submitted to and settled by the
Secretary of Justice
ruling or decision thereon shall be conclusive and binding on all the
parties concerned.
Disputes Involving Questions of Fact and Law: Submitted to and settled or
adjudicated by:
The Solicitor General - dispute, claim or controversy involves:

only departments, bureaus, offices and other agencies of the

National Government

Government-owned or controlled corporations

Entities of whom SolGen is the principal law officer or general

counsel
The Secretary of Justice, in all other cases not falling under the
abovementioned.
Arbitration: Determination of factual issues may be referred to an arbitration
panel
Composition:

one representative each of the parties involved

Ana Margarita Mortel

presided over by a representative of the Secretary of Justice

or the Solicitor General
Appeals: Decisions final and binding upon the parties
Appeals maybe taken to President where the amount of the claim or
the value of the property exceeds one million pesos.

The decision of the President shall be final.

Rules and Regulations: The Secretary of Justice shall promulgate the rules and
regulations necessary to carry out the provisions of this Chapter.

Due process of law in administrative adjudication

Must be observed in judicial as well as administrative proceedings to every case
which may deprive a person of life, liberty, property
Liberality of procedure in administrative actions subject to
Constitutional limitations.
Requirement for hearing can be as lenient as affording parties opportunities to
explain respective sides and submit evidence in support of their arguments
before judgment is rendered.
Pleadings and position papers may suffice.
What is discouraged is complete denial of opportunity to be heard.
Non-rigid application, although balanced by conformity with law, practice,
equity, basic demands of due process.
REQUISITES (DINA):
Decision, impartial tribunal, notice, appear personally

Actual or constructive notice of institution of proceedings

Opportunity to appear personally (with or w/o counsel),

introduce witnesses, and relevant evidence, controvert
evidence of other party
Counsel not necessary.

Impartial, honest, competent (jurisdicition) tribunal

Decision based on substantial evidence presented at hearing/

ascertained in records
Non-observance of due process may nullify proceedings. Nullity may be
impugned any time either directly or collaterally.
Institution of proceedings
Depends upon purpose and governing statute of admin agency
Ex parte application (license, permit, approval, consent, claim)
Filing of charge or complaint
by aggrieved person (hearing
subsequently)
Initiative of admin agency
Necessity for notice and hearing
Admin, executive, legislative functions: notice and hearing not essential
Judicial/ quasi-judicial functions + particular acts: person affected entitled to
notice and hearing
Does not connote full adversarial hearing, as long as given opportunity
to be heard.
Even if not conferred by statute, may be derived from Constitutional
guarantee of due process.

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Sufficiency of notice
Substantial notice as to afford affected party time to prepare defense and meet
issues involved
May be actual or constructive

Waiver of right to notice

Maybe waived since notice goes to jurisdiction of person and not subject matter
Not required where it is impossible to notify all interested parties
Denial to due process may be cured
Subsequent appearance
Given full opportunity to heard
Elements of right to hearing
Scope: includes right of party to
Present case, submit evidence
Know claims of opposing party and meet them
Cross examine witnesses for a full and true disclosure of facts ( NOT
INDISPENSABLE REQUIREMENT)
Submit rebuttal evidence
Actual hearing not essential
Duty of administrative body to consider evidence presented
Official must act on its own or his own consideration of the law and facts of the
controversy and not simply accept views of subordinate.
Render decision as to apprise parties of issues involved and reasons for the
decisions rendered.
Investigation v. Hearing
Investigation - (may be private) informal proceedings to obtain information to
govern future actions
No parties
Not adversarial
Hearing
Have parties
Have issues of law and fact to be tried
Action affecting rights of parties may be taken at conclusion of hearing
Parties entitled to be present in person and by counsel participate in
and be furnished records of proceedings
Requirement of notice and hearing as provided by law or regulation
Provided by law necessary
Not provided by law determine if right is implied by terms of statute and
attendant circumstances
Provided by regulations may be held to embrace all elements of fair hearing
Essential only when an administrative body exercises quasi-judicial functions.
Where not required:
Ana Margarita Mortel

Depends on circumstances, nature of right affected, and power

exercised.

Necessary only when constitutional right is claimed to be

invaded, and even then, trial-type hearing not required.

Not essential when powers exercised are legislative,

executive, or administrative in nature.
NOT REQUIRED

Summary abatement of nuisance per se

Summary proceedings of distraint and levy

upon property of delinquent taxpayer

Preventive suspension of public officer

pending investigation

Interlocutory
orders
in
ex
parte
administrative proceedings

May be waived.

Applicability of rules governing judicial proceedings

ROC SUPPLETORY
Strict legal rules not applicable. Only those which ar fundamental and essential.
Hearsay evidence may be admitted if supported by substantial
evidence.
Due process NEEDS to be observed.
Cannot be empowered to act arbitrarily.
Afford fair and reasonable opportunity to be heard.
Delegation of authority to head and receive evidence
VALID and as such, may include subordinate officials upon whose hand the
agency delegates portion of its authority.
Power to decide still rests fully upon administrative agency.
Essential that judgment and discretion are finally exercised by proper officer.
Essential that due process requirements are observed.
Essential that proper officer acts upon his own independent judgment.
Evidence in administrative proceedings
Application of strict rules of evidence may not be necessary.
Particular judicial rules:
Best evidence rule
Transactions between parties should not be used against third parties
Res gestae
Expert opinion and evidence
Privileges of witnesses
Proper authentication of records
Use of interrogatories
Rule as to contradiction of witness
Essential rules of evidence:
Giving of evidence under oath
Probative value of evidence
Proper allocation of burden of proof
Degree of proof

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Right to know evidence submitted, inspect records, cross examine

witnesses, offer rebuttal evidence and explanation.
Probative value: evidence must be substantial
Substantial evidence relevant evidence as a reasonable mind
might accept as adequate to support a conclusion.
Uncorroborated evidence is NOT ipso facto insufficient.
Hearsay evidence: admissible, when not objected to, and used merely as
supplement to any direct evidence.
Admissions and declarations: admissible EXCEPT those self0serving declarations
Evidence offered during the hearing:
Parties must be fully apprised of evidence submitted UNLESS it is
known to both parties that evidence not formally introduced has been
accepted
Decision rendered must be rendered based on evidence presented
during hearing or contained in records and disclosed to paffected
parties.
Agency files and records: may take notice of data on file or results reached by it
in other cases where such is made known and there was adequate opportunity
for rebuttal.
Secret or confidential information:
Generally, information cannot be withheld. EXCEPT

Where right to hearing does not include right to know

information which must be kept secret in view of public
interests
Quantum of proof: SUBSTANTIAL EVIDENCE
Presumption of regularity accorded to ordinary admin proceedings does
not apply to proceedings involving deprivation of citizen or taxpayer of
his property

Decisions or orders
Must necessarily be supported by findings, otherwise a nullity (at least when
attacked directly)
Such requirement need NOT be expressed in delegating law.
Findings necessary:

To make known the basis upon which an action of admin

agency is based, and protect parties against arbitrary action

To enable courts to perform function of review (esp. where

administrative agency has kept within its jurisdiction and
decided case based upon evidence and law)

To give reviewing court assistance of expert judgment

entrusted to agency for initial determination
Form as part of due process is satisfied when decision is grounded upon
evidence, and expressed in manner that sufficiently informs parties of factual
and legal basis of decision
Finality depends on law.
Generally, they become executory when final and executor.
Final and executory after reglamentary period for filing appeal has
lapsed and no appeal is perfected, or appeal taken and judgment in
appellate court final.
Ana Margarita Mortel

Where administrative agency is collegiate body

Acts by body official only when done by members convened in session upon
concurrence of majority and with a quorum present.
Power of administrative agencies to modify their decisions
Conditions: Reconsideration may be had if No rights have vested in the meantime as reason thereof
Determinations have not passed beyond control of administrative
authorities.
Grounds (M FINCS):
Mistake
Inadvertence
Surprise
Newly discovered evidence
Changed conditions
Fraud of imposition
Res judicata
Res judicata final judgment on merits rendered by court of competent
jurisdiction is CONCLUSIVE as to rights of parties; BARS subsequent action if it
involves same demand, claim, or cause of action
Applicable depending upon necessity.
As dependent upon type of determination and proceedings
Applicable to adjudicative/ quasi-judicial/ judicial actions
As affected by statutory provisions
Whether and as to what extent an administrative action operates
depends on enabling statue
As to administrative decision judicially reviewed
Attaches to court judgment rather than administrative decision.
Administrative appeal and review
KINDS
Inheres in relation of admin superior to admin subordinate
(determinations made at lower levels of SAME agency)
Embraced in statute (determinations made by particular officer subject
to review by another officer in SAME agency or administrative system)
Statute making COURT part of admin scheme (trial de novo; powers
exercised different from ordinary judicial functions)
Statute providing that order made by Commission has same force and
effect as if made by commission subject to rehearingby full commission
Statute provdes for an appeal to intermediate-level officer then
subsequently to head of department or agency
Statutes providing for appeal to President

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Action by administrative appellate tribunal

Authority ti reverse must be exercised sparingly.
Review must not be arbitrary.
Review is generally de novo.
Reviewing officer must be other than officer whose decision is under review.
Final and executor decisions not subject to review.

Enforcement of administrative determinations

Generally
Enforceable only in manner provided by statute
IF statute has no remedy for enforcement, they are unenforceable
Legislature may aid enforcement by providing penalty for noncompliance as well as sanctions to compel obedience.
Administrative enforcement
In the absence of statues, admin authorities may not enforce their own
determinations.
It is within the competence of Congress to impose appropriate
obligations and sanctions, enabling admin officers to enforce penalties
without invoking judicial powers. In the absence of such, admin
officers may not enforce penalties.
Congress may NOT authorize purely administrative official to determine
if crime has been committed and enforce punishment.
Administrative penalties are civil and remedial and may be imposed by
admin agencies.
Irregularities attending issuances and writs of execution must be
referred to tribunal issuing such.
Judicial enforcement.
GENERALLY: Admin agencies have no power to enforce and such
decisions can be enforced ONLY BY THE COURTS.
Collaborative instrumentalities : admin agency may utilize court to
mobilize judicial authorities to carry out policies of statute.
Court generally does not go into the general fact of the controversy
beyond determining whether there is support in the evidence for the
findings.
Execution pending appeal
Must be expressly so provided by law, otherwise, decisions take place
onlyw hen they have become final and executor.

CHAPTER 6: JUDICIAL REVIEW

Judicial review
Any form of judicial scrutiny of a matter which arises when such action is
brought into question before a court.
Collaboration of courts and admin agencies present issues of relative roles.
Courts accommodate admin process into judicial system, while admin system
perform functions beyond capacity of courts.
Ana Margarita Mortel

If question of law or validity: COURT

If question of fact, policy or discretion: AGENCY
Policy of court is NOT to interfere with actions of government agencies unless
there is grave abuse of discretion.

Right to judicial review

Power and right of court to grant review sought, and right of person who
invokes power of court
Where right granted by statute:
If appeal is to CA, then admin body is co-equal with RTC and beyond
control of latter.
Where right NOT granted by statute:
NO INHERENT RIGHT TO JUDICIAL REVIEW
Where no right is provided, there is always recourse to courts
Where review precluded or restricted by statute:
Those involving political questions
Congress may restrict review to a single court.
Congress may place procedural conditions and restrictions upon right
to review
Where no constitutional right is involved and review is expressly
precluded
Where findings are supported by evidence.
Where review is Constitutional necessity:
Court may still pass upon constitutionality
Congress powerless to nullify Constitutional rights.
Where administrative decision final and executory:
Applies when admin agencies act in judicial and quasi-judicial capacity
Where applicable:

Final judgment or order

Jurisdiction over SM and parties

Identity: parties, SM, cause of action

Where declared final and unappealable:
Still subject to judicial review if proven arbitrary.

Want of jurisdiction

Want of substantial basis

Grave abuse of discretion

Violation of due process

Denial of substantial justice

Fraud

Erroneous interpretation of law

Rules governing appeals from judgments of QJ agencies
Applicable to: Civil Service Commission, Central Board of Assessment Appeals,
Securities and Exchange Commission, Land Registration Authority, Social
Security Commission, Office of the President, Civil Aeronautics Board, Bureau of
Patents, Trademarks and Technology Transfer, National Electrification
Administration, Energy Regulatory Board, National Telecommunications
Commission, Department of Agrarian Reform under Republic Act 6657,
Government Service Insurance System, Employees Compensation Commission,

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Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy

Commission, Board of Investments, and Construction Industry Arbitration
Commission.
CASES NOT COVERED: Judgments or final orders issued under the Labor Code
of the Philippines
WHERE TO APPEAL: Court of Appeals
whether the appeal involves questions of fact, of law, or mixed
questions of fact and law.
PERIOD OF APPEAL: fifteen (15) days from notice of the award, judgment, final
order or resolution or from the date of its last publication (if publication is
required by law for its effectivity), or of the denial of petitioner's motion for new
trial or reconsideration filed in accordance with the governing law of the court
or agency a quo.
Only one (1) motion for reconsideration shall be allowed. Upon proper
motion and the payment of the full amount of the docket fee before
the expiration of the reglementary period, the Court of Appeals may
grant an additional period of fifteen (15) days only within which to file
the petition for review. No further extension shall be granted except
for the most compelling reason and in no case to exceed another
period of fifteen (15) days.
HOW APPEAL TAKEN: Filing a verified petition for review in seven (7) legible
copies with the Court of Appeals, with proof of service of a copy thereof on the
adverse party and on the court or agency a quo. The original copy of the
petition intended for the Court of Appeals shall be indicated as such by the
petitioner.
Upon filing the petition for review, the petitioner shall pay to the Clerk
of Court of the Court of Appeals the docketing and other lawful fees
and deposit the sum of P500.00 for costs. Exemption from payment of
docketing and other lawful fees and the deposit for costs may be
granted by the Court of Appeals upon verified motion setting forth the
grounds relied upon. If the Court of Appeals denies the motion, the
petitioner shall pay the docketing and other lawful fees and deposit for
costs within fifteen (15) days from notice of the denial.
CONTENTS OF THE PETITION: The petition for review shall
(a) state the full names of the parties to the case, without
impleading the courts or agencies either as petitioners or respondents
(b) contain a concise statement of the facts and issues involved
and the grounds relied upon for the review
(c) be accompanied by a clearly legible duplicate original or
certified true copy of the award, judgment, final order or resolution
appealed from, together with certified true copies of such material
portions of the record as are referred to therein and other supporting
papers
(d) state all the specific material dates showing that it was filed
within the reglementary period provided herein
(e) contain a sworn certification against forum shopping as
required in Revised Circular No. 28-91
EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS: sufficient grounds for
the dismissal.

Ana Margarita Mortel

ACTION ON THE PETITION: The Court of Appeals may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten (10)
days from notice. The Court, however, may dismiss the petition if it finds the
same to be:
patently without merit
prosecuted manifestly for delay
or that the questions raised therein are too unsubstantial to require
consideration.
CONTENTS OF COMMENT: The comment shall be filed within ten (10) days
from notice in seven (7) legible copies and accompanied by clearly legible
certified true copies of such material portions of the record referred to therein
together with other supporting papers. It shall:
Point out insufficiencies or inaccuracies in petitioner's statement of
facts and issues
State the reasons why the petition should be denied or dismissed.
DUE COURSE: If upon the filing of the comment or such other pleadings or
documents as may be required or allowed by the Court of Appeals or upon the
expiration of period for the filing thereof, and on the bases of the petition or
the record the Court of Appeals finds prima facie that the court or
agencies concerned has committed errors of fact or law that would
warrant reversal or modification of the award, judgment, final order or
resolution sought to be reviewed, it may give due course to the petition;
otherwise, it shall dismiss the same. The findings of fact of the court or agency
concerned, when supported by substantial evidence, shall be binding on the
Court of Appeals.
TRANSMITTAL OF RECORD: Within fifteen (15) days from notice that the
petition has been given due course, the Court of Appeals may re-quire the court
or agency concerned to transmit the original or a legible certified true
copy of the entire record of the proceeding under review. The record to
be transmitted may be abridged by agreement of all parties to the proceeding.
The Court of Appeals may require or permit subsequent correction of or addition
to the record.
EFFECT OF APPEAL: The appeal shall not stay the award, judgment, final
order or resolution sought to be reviewed unless the Court of Appeals
shall direct otherwise upon such terms as it may deem just.
SUBMISSION FOR DECISION: If the petition is given due course, the Court of
Appeals may set the case for oral argument or require the parties to submit
memoranda within a period of fifteen (15) days from notice. The case shall be
deemed submitted for decision upon the filing of the last pleading or
memorandum required by these rules or by the Court itself.

Administrative Findings and constructions generally conclusive

Substantial evidence rule Court will not disturb findings of admin agencies
so long as they are supported by substantial evidence UNLESS
Not supported by substantial evidence
Fraud
Mistake
Illegality
Imposition/collusion
Irregular procedure

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Palpable errors
GAD
Manifest arbitrariness/ capriciousness
Gross misappreciation of evidence
Conflict in factual findings

Finality of administrative action for purposes of review

Only after facts have been properly determined may the appropriate judicial
power be availed of by the party who feels aggrieved thereby.
Threatened or pending action NOT ground for review:
Jurisdiction still with admin agency.
Admin officer in the exercise of judgment and discretion reposed upon
him by law is not subject to control of courts
Determination by subordinates under instructions by superiors are
subject to review by superiors
Court will not render a decree in advance of agencys action.
Fear of improper performance is not ground for court interference.
No injury has been suffered.
Order submitted for approval of superior not final for purposes of review.
Pendency of application for rehearing or recommendation deprives original
order of finality.
There has to be invasion of private rights.
Purely administrative matter may not be interfered with by courts.
Appeal to courts will not lie from an interlocutory order, unless such order
affects merits. Examples of orders falling under this king of determination are:
Directing investigation/ providing for hearing/ requiring corporations to
present data
Denial of motion to change place of hearing
Denial of application for a stay
Dis/approval of compromise agreement
Denial of application for hearing
Administrative appellate tribunals order reversing and remanding a
case to hearing officer
CERTIORARI will lie against admin agencies exercising QJ functions if
due process NOT followed.
Defenses against judicial review
Finality
Primary jurisdiction
Exhaustion of remedies
Ripeness for adjudication
Finality
When determination is not final order:
EXCEPTIONS:
Interlocutory
protect rights
violate Constitution
excessive use of power
Ana Margarita Mortel

Relief to preserve status quo pending action by admin agency

Order not reviewable in any other way

Doctrine of primary jurisdiction

Concept: preliminary resort; applies only where admin agency exercises
adjudicatory function; guide court in determining whether it should refrain from
exercising jurisdiction; applies where claim is originally lodged in courts but
enforcement of claim requires resolution of issues placed within competence of
administrative body.
Reasons:
Take full advantage of administrative expertness
Attain uniformity in application of regulatory laws
Subsequent resort to judicial action not precluded.
Exclusive jurisdiction may be explicit or implicit.
Application:
Where elements of administrative discretion important considerations.
Where reasons for doctrine inapplicable
Application involves exercise of judicial discretion

Issues involve questions of law

Doctrine of exhaustion of administrative remedies
Meaning: where remedy within admin agency is available against an action by
admin agency and can still be availed of, relief must first be sought by availing
this remedy before elevating it for judicial review.
Purpose: to allow admin agency to carry out its functions and discharge its
responsibilities within the specialized areas of its competence before resorting to
judicial review
Reasons:
Promote proper relationship between court and admin agency
(COMITY)
Involves policies of:

Orderly procedure

Avoidance of interference with admin action

Prevention of attempts to swap courts

Less expensive, speedier disposition
Respect for co-equal offices in government
Presumption of regularity of official acts
No other plain, speedy, adequate remedy available
Application of doctrine
Where it is pre-requisite to judicial review (furthermore, only those
decisions made by admin agencies in their QJ function is subject to
exhaustion doctrine)
Where it affects cause of action: it has been held that failure to
exhaust remedies shall affect cause of action and not jurisdiction of
court over subject matter.
Exhaustion must be raised at the earliest time possible, and failure to
raise such on time shall constitute a waiver of such defense.
Only effect is to render action PREMATURE.

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JPLCS

DRIED

DARN

CLRNT

EXCEPTIONS
Questions essentially Judicial
Administrative Remedy is Permissive (statute allows it)
Pure question of Law (where admin competence not needed)
Constitutionality
Small amount that exhaustion will be costly
Utter disregard for Due Process
No plain speedy Remedy
Strong public Interest
Estoppel
Continued and unreasonable Delay
Irreparable Damage by party
Alter Ego Bears approval of President (qualified political agency)
No administrative Review is provided
Insistence on exhaustion will lead to Nullification of claim
Civil action for damages (no other remedy available to him)
Land not part of public domain (and if part of public domain, those
relating to possessory actions)
Special Reasons demanding immediate judicial relief
No Decision rendered
Transcendental issues

Exhaustion v. Primary jurisdiction

Both concerned with promoting proper relationships between court and agency
Exhaustion
Jurisdiction
Applies where claim is cognizable in the Arise when both bodies have jurisdiction
first instance by admin agency ALONE
to pass on a question
Relates to entire proceeding
Usually relates to particular issues in
proceeding
rather
than
entire
proceedings
Suspends entire process pending referral
of such issues to the administrative
agencies
Exhaustion v. Due Process
Difference lies in perspective
Exhaustion
From perspective of court/ ruling tribunal

Due Process
From respective of litigating party against
whom ruling was made

Doctrine of Ripeness for Judicial Review

Determines point at which courts may review administrative action (like
exhaustion)
Basic principle: judicial machinery should be conserved for problems which are
real and present or imminent.
APPLICATION of DOCTRINE:
When interests of plaintiff are subjected to or imminently threatened
with substantial injury
When statute is self-executing (mere existence can cause injury)
Ana Margarita Mortel

Statute or regulation enforceable through criminal prosecution (risk of

criminal penalties should not be exacted as price of challenge)
Debilitating legal uncertainty which may seriously injure private parties.
Plaintiff is harmed by vagueness of statute.
Where no administrative remedy is available despite action being
informal.

Ripeness v. exhaustion
Ripeness
Focus
Nature of the judicial process
Application

Rule-making and adjudication

Exhaustion
Whether party should be required
to pursue admin remedy before
going to court
Adjudication

Ripeness v. primary jurisdiction

Ripeness
Primary Jurisdiction
Timing
What stage may a party secure judicial review?
Initial
Should issue be judicially reviewed?
Who should make initial
decision
decision?
Concurrent
Theres no concurrency to speak of.
Arises only when admin
jurisdiction
and judicial jurisdictions are
concurrent
Scope and extent of judicial review
Types of agency determinations:
Determinations of law (fully reviewable)
Determinations of fact (limited to finding existence of substantial
evidence)
Discretionary determinations (reviewable only as to e/n action was
arbitrary or capricious)
General frame of power:
Keep administrator within valid delegating statute + ascertain w/n
there is warrant in law and facts for said admin determination
Court limited to questions of
Constitutionality

Statutory authority

Basic requisites of proof

Courts CANNOT
answer questions needing exercise of expert judgment

determine w/n action of agency is correct, wise, advisable etc.

grant relief from mere error or honest error in collateral

proceedings

inquire into motives for administrative action

require agency to decde a controversy ina particular way

Judicial review not trial de novo
merely an ascertainment of w/n administrative findings are not unconstitutional/
unlawful/ free from fraud or imposition/ reasonably supported by evidence

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court cannot weigh conflicting evidence of determine credibility of witnesses or

substitute its own judgment fro admin agencys
Questions of abuse of discretion should be based proof admin authorities had
before them and none other.
Admin decisions within their jurisdiction may be set aside only by showing of
GAD, fraud, or error of law.

WORKABLE DIAGRAM for DEFENSES IN TIMELINESS

COURT

Ana Margarita Mortel

BOARD

HO

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