Administrative Law

- branch of the law which deals with the field of legal control exercised by law-
administering agencies other than courts, and the field of control exercised by
courts over such agencies

 Object and Scope of Administrative Law - regulation of private right for public
welfare

Origin: legislation; Rationale: expediency

Doctrine of separation of powers: All rules and conduct are supposed to be laid
down by the legislature, subject to the direct enforcement of the executive department,
and the application or interpretation by the judiciary; Remedy: delegation of powers

Two Senses
1. Institution- refers to the persons who actually run the government during their
prescribed terms of office
2. Function- actual running of the government by the executive authorities through
the enforcement of laws and the implementation of policies

As an Activity
1. Internal - covers those rules defining the relations of public functionaries inter se
2. External- defines the relations of the public office with the public in general

 Administration may clarify certain ambiguous provisions in statutes through the

issuance of interpretative regulations meant to make it easier for the people to
understand and so obey the law

Chapter II: ADMINISTRATIVE AGENCIES

Administrative Agency- a body endowed with quasi-legislative and quasi-judicial

powers for the purpose of enabling it to carry out laws entrusted to it for
enforcement or execution.
Agency- any 1) department, 2) bureau, 3) office, 4) commission, 5) authority or officer
of the National Government (d-b-ca) authorized by law or executive order to 1)
make rules, 2) issue licenses, 3) grant rights or privileges and 4) adjust cases
(MIGA); research institutions with respect to licensing functions; government
corporations with respect to functions regulating private right, privilege,
occupation or business; and officials in the exercise of disciplinary power as
provided by law.
Chartered institution- any agency organized or operating under a special charter,
and vested by law with functions relating to specific constitutional policies or
objectives.
Department - an executive department created by law.
Bureau - any principal subdivision of any department.
Office - refers, within the framework of government organization, to any major
functional unit of a department or bureau, including regional offices.
Government Instrumentality - any agency of the National Government not
integrated within the department framework, vested with 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.

3 administrative relationships
1. supervision
2. control
3. attachment of an agency to a department
- refers to the lateral relationship between the department or its equivalent
and attached agency or corporation for purposes of policy and program
coordination.

Authority- designates both incorporated and non-incorporated agencies and

instrumentalities of the government.
Government-owned or controlled corporation - to 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 indirectly or though its instrumentalities, either wholly or applicable, as
in the case of stock of corporations, to the extent of at least 51% of its capital
stock
Administrative Rule - any agency statement of general applicability that implements
or interprets a law, fixes and describes the procedures in, or practice
requirements of, an agency, including its regulations.
Rule-making- an agency process for the formulation, amendment, or repeal of a rul
Administrative regulations- intended only to implement the law and to carry out
legislative policy

Nature
- Administrative bodies endowed with quasi-judicial prerogatives are essentially
executive agencies.
- the Court of Tax Appeals exercises exclusive appellate jurisdiction to review on
appeal decisions, orders or resolutions if the RTC in local tax cases originally
dissolved by them in the exercise of their appellate jurisdiction.

Creation
1. constitutional provision
2. legislative enactment
3. authority of law

Criterion
1. primarily regulatory
2. on its rule-making authority it is administrative when it does not have discretion
to determine what the law shall be but merely prescribes details for the
enforcement of the law.
Classification of Administrative Bodies
1. Set up to offer some gratuity, grant or special privileges
2. Carry on certain business of government
3. Perform some business service for public
4. Regulate business affected with public interest
5. Regulate private business and individuals under the police power
6. Adjust individual controversies because of some strong social policy involved
7. Make the government a private party

- can be altered or abolished only by constitutional amendment.

- if created by law, it may be reorganized pursuant to said law providing for its
establishment or another law authorizing said reorganization- if it does not
involve abolition or transfer of offices and is carried out in good faith by the
person, usually the President, authorized to effect the same, the validity of the
same would have to be upheld

Exercise of powers:
1. Discretionary – the power or right conferred upon them by law to act officially
under the circumstances, according to the dictates of their own
judgment/conscience
2. Ministerial- nothing is left to discretion; a duty performed in response to what
has been imposed by law

Qualified Political Agency- the power of the President to reorganize the National
Government may validly be delegated to his cabinet members exercising control over
a particular executive department

Advantages
1. Expertise derived from specialized training and experience
2. Adaptability to change and ease in reacting to a new and even emergency
situations
3. More resilient
4. Initiate action and not simply wait for their jurisdiction to be invoked
5. Proceed to the solution of the problems confided to their attention with more
expeditiousness
6. Created by the legislature to address new social problems and vest in said
agencies broad guidelines for the resolution of said problems

Relation to Regular Departments

1. Legislature - acts as an agent of the law-making body and so is bound to obey
and implement the legislative will
2. Executive - comes under the constitutional control of the President- cannot be
withdrawn or limited even by the legislature
3. Judicial department/courts
a. they cannot be deprived of their inherent power to decide all questions of
law, particularly if they have been initially resolved by the administrative
bodies only
 b. can review, or even reverse, the administrative acts even the Chief of
Executive
- the legality of the acts of the President is under the judicial review because the law
is above the President himself, and the courts seek only to interpret, apply or
implement it.
Note: they may review administrative adjudications only as a last resort and, usually,
only when questions of law are involved

Chapter III
POWERS OF ADMINISTRATIVE AGENCIES

1. Quasi-legislative power / Power of subordinate legislation - authority

delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative
policy.
2. Quasi-judicial power / Power of adjudication - power of administrative
authorities to make determinations of facts in the performance of their official
duties and to apply the law as they construe it to the facts so found. The exercise
of this power is only incidental to the main function of administrative authorities,
which is the enforcement of the law.
3. Determinative powers
a. ENABLING powers - Those that PERMIT the doing of an act which the law
undertakes to regulate and would be unlawful without government approval.
b. DIRECTING powers - Those that involve the corrective powers of public utility
commissions, powers of assessment under the revenue laws, reparations
under public utility laws, and awards under workmen’s compensation laws, and
powers of abstract determination such as definition-valuation, classification
and fact finding
c. DISPENSING powers - Exemplified by the authority to exempt from or relax a
general prohibition, or authority to relieve from an affirmative duty. Its
difference from licensing power is that dispensing power sanctions a deviation
from a standard.
d. SUMMARY powers - Those that apply compulsion or force against person or
property to effectuate a legal purpose without a judicial warrant to authorize
such action. Usually without notice and hearing.
e. EQUITABLE powers - Those that pertain to the power to determine the law
upon a particular state of facts. It refers to the right to, and must, consider and
make proper application of the rules of equity.

Quasi-Legislative Power Legislative Power

only involves the discretion to determine involves the discretion to determine what
how the law shall be enforced. the law shall be.
CAN be delegated. CANNOT be delegated
Tests of Delegation (applies to the power
to promulgate administrative regulations)
Note: the privileges conferred by grant of local authorities as agents for the State
constitute as much as legislative franchise as though the grant had been made by an
act of the Legislature

Certificate of Public Convenience Franchise

form of regulation through the grant of privilege from the sovereign
administrative agencies power

Source: legislature
Notes: The legislature is not req’d to provide a detailed standards for administrative
action

Judicial Power Quasi-judicial Power

1) question of law first, question of fact, then question of law
then question of fact
2) the executive acts the executive acts first, with the courts acting later,
last, after the judgment whenever warranted, to review its legal findings
is made and all the legal
questions are settled Note: administrative officers can interpret and apply the
law to the facts ascertained by them but such
determination is subject to review by courts
eg. NLRC- its decisions are reviewable on certiorari by
the CA, and eventually by the SC

TESTS of Delegation
COMPLETENESS test - law must be complete in all its terms and conditions when it
leaves the legislature so that when it reaches the delegate, it will have nothing to do
but to enforce it.

SUFFICIENT STANDARD test:

a. one which defines legislative policy;
b. mark its limits
c. maps out its boundaries
d. specifies the public agency to apply it
e. indicates the circumstances under which the legislative command is to be
effected

- These two must CONCUR. If one or both are absent, any delegation that occurs
is UNDUE DELEGATION of legislative powers.

Limitations on the exercise of quasi-legislative power

1. it must be within the limits of the powers granted to Administrative agencies
2. cannot make rules or regulations which are inconsistent with the provisions of
the Constitution or statute
3. cannot defeat/ derogate the purpose of the statute
4. may not amend, alter, modify, supplant, enlarge, or limit the terms of the statute
 5. a rule or regulation must be uniform in operation, reasonable and not unfair or
discriminatory

INVESTIGATORY POWER - power to inspect, secure, or require the disclosure of

information by means of accounts, records, reports, statements and testimony of
witnesses.
- Administrative agencies do not have the inherent power to require the
attendance of witnesses but has the power to require the production of books,
etc. The exertion if not expressly provided for by law must be done through
judicial process.
- Neither do they have the inherent power to punish a person who fails to appear
before them for contempt in the absence of any statutory provision granting the
same.

Chapter 4: QUASI-LEGISLATIVE POWER

Kinds of Administrative Regulations

DISTINCTIONS LEGISLATIVE INTERPRETATIVE
Capacity that Legislative Judicial
administrative
agency is acting
in
What It supplements the statute by filling in the It says what the
administrative details statute means
agency is doing
Force and Legislative regulations have the force and Merely
effect effect of law immediately upon going into persuasive/Received
effect. Such is accorded by the courts or by by the courts with
express provision of statute. much respect but not
accorded with finality
how:
i. supplementing the statute
ii. filling in the details
iii. making the law
usually acting in pursuant to a specific
delegation of legislative power
4) issued by the administrative body issued by the
pursuant to a valid delegation of administrative body
administrative body pursuant to a valid as an incident of its
delegation of legislative power power to enforce the
law and is intended
merely to clarify its
provisions for proper
observance by the
people
 Classifications of Legislative Regulation
Supplementary Contingent
1) intended to fill in the details of the law and it is issued upon the happening of a
“to make explicit what is only general” certain contingency which the
administrative body is given the
discretion:
2) purpose- to enlarge upon a statute, subject
only to the standards fixed therein, to ensure
its effective enforcement in accordance with
the legislative will

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable

Need for Previous Notice and Hearing

1. General Rule: Administrative rules of GENERAL application do NOT require
previous notice and hearing.
2. Exception: When the legislature itself requires it and mandates that the
regulation shall be based on certain facts as determined at an appropriate
investigation.
If the regulation is in effect a settlement of a controversy between specific
parties, it is considered an administrative adjudication, requiring notice and
hearing.

Requirement of Publication
Administrative Regulations that MUST be published:
1. Administrative regulations of GENERAL application.
2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative
agency.
 Letters of instruction issued by administrative superiors concerning guidelines
to be followed by their subordinates.

Penal Regulations
 Gen. Rule: violation of administrative regulations cannot give rise to criminal
prosecution; Exceptions:
1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of the
regulation.
3. The regulation must be published.
Gen. Rule- statutes, including administrative rules and regulations, operate
prospective only; Exception- if the legislative intent to the contrary is manifest by
express terms or by necessary implication
 an administrative officer may revoke, repeal or abrogate the acts or previous
rulings of his predecessor in office.

Amendment or Repel - The administrative regulation made thereunder is subject to

amendment or repeal by the authorites that promulgated them in the first place.

Chapter 5
THE QUASI-JUDICIAL POWER
o quasi-judicial- term applied to the action, discretion of officers who are required to
investigate facts, or ascertain the existence of facts and draw conclusions from
them as a basis for their official action, and to exercise discretion of a judicial nature.
o E.O No. 2192, Sec. 2(9): it is an agency process for the formulation of a final order
o DAR- vested with the primary jurisdiction to determine in a preliminary manner the
just compensation for the lands taken under the agrarian reform; RTC- has the
original and exclusive jurisdiction over all petitions for the determination of just
compensation
o the grant of original jurisdiction on a quasi-judicial agency is not implied;

Requisites for Proper Exercise of Quasi-Judicial Power

1. Jurisdiction - be properly acquired by the administrative body
2. Due process

JURISDICTION- competence of an office or body to act on a given matter or to decide

a certain question

Legislature- has the power to confer jurisdiction upon the administrative body and so
limit or expand its authority
- in the exercise of quasi-judicial functions, the Commission is a co-equal body with
the RTC and co-equal bodies have no power to control the other
CHR- may investigate; fact finding- not adjudication
- CHR cannot try and decide cases as courts of justice or even quasi-judicial
bodies do.

o regular court- has the power to adjudicate cases involving violations of rights
which are legally demandable and enforceable.
o the jurisdiction and powers of administrative agencies are limited to those
expressly granted or necessarily implied form those granted in the legislation
creating such body; any order without or beyond jurisdiction is void and
ineffective.
o administrative agencies are bereft of quasi-judicial powers unless expressly
empowered.
 Rules of Procedure
- doctrine of implication- where an administrative body is expressly granted the
power of adjudication; it is deemed also vested with the implied power to prescribe
the rules to be observed in the conduct of its proceedings.
- the agency may adopt any reasonable method to carry out its functions.
- the rules must not violate fundamental rights or encroach upon constitutional
prerogatives.
- administrative rules of procedure- should be construed liberally;
- the provisions of the Rules of Court may be applied suppletorily to the rules of
procedure of administrative bodies exercising judicial powers unless otherwise
provided by law or the rules of procedure of the administrative agency concerned.
- Art. 8, Sec. 5(5): rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the SC.
- the power of administrative agencies to promulgate rules of procedure does not or
cannot be construed as allowing it to “grant itself jurisdiction”; Rationale- rules of
procedure- remedial in nature; cover only rules on pleadings and practice

The Subpoena Power

- not inherent
- may summon witnesses and require the production of evidence only 1) when
duly allowed by law, and 2) always only in connection with the matter they are
authorized to investigate
- may be expressly granted in the charter of the administrative body, eg. NLRC,
CSC
o authority to conduct an investigation does not necessarily mean it can also
summon witnesses and take testimony in the absence of a clear grant of this
power from the legislature

The Contempt Power

- essentially judicial and cannot be claimed as an inherent right by the administrative
body.
o A labor official’s power to hold a person for contempt for refusal to comply with
its order cannot extend to a CFI judge; remedy of administrative official-
seek a dismissal of the case before the court precisely on the ground that the
matter did not fall within the domain of the powers conferred on it.
o the power to hold in contempt must be exercised on the preservative principle.
o quasi-judicial agencies that have the power to cite persons for indirect
contempt can only do so by initiating them in the proper RTC.

Due process must be observed in the conduct of the proceedings.

- Notice and hearing- essential to due process
Rationale- they may claim the right to appear therein and present their side or
refute the position of opposing parties
Gen. Rule: denial of the right to notice and hearing will render the administrative
proceedings null and void for denial of due process; Exceptions:
1) urgency of the immediate action,
2) tentativeness of the administrative action,
3) the right had previously been offered but not claimed, eg. summary abatement of
a nuisance per se

Administrative Due Process

 Administrative tribunals are unrestricted by the technical or formal rules of
procedure which govern trials before a court, especially where the
administrative order has the effect of only prima facie evidence.
 technical rules of procedure and evidence- cardinal rules which must be
observed by the hearing officers in order to comply with the due process
requirements of the Constitution.

CARDINAL RIGHTS OR PRINCIPALS TO BE OBSERVED IN ADMINISTRATIVE

PROCEEDINGS:
1. Right to a hearing- includes the right of the party interested or affected to present
his own case and submit evidence in support thereof;
2. The tribunal must consider the evidence presented;
3. The evidence must have something to support its decision;
4. The evidence must be substantial- relevant evidence as a reasonable mind might
accept as adequate to support a conclusion; rationale- to free administrative
boards from the compulsion of technical rules
5. The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected; boards of
inquiry- their report and decision are only advisory
6. The court of industrial relations or any of its judges, therefore, must act on its or
his own independent consideration of the law and facts of the controversy, and
not simply accept the views of a subordinate in arriving at a decision;
7. The court of industrial relations should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know the various
issues involved and the reasons for the decisions rendered
The burden is on the complainant to prove by substantial evidence the
allegations in his complaint.
Administrative decisions of the executive branch of the government must be
respected so long as they are supported by substantial evidence.
Administrative decisions in matters within the executive jurisdiction can only
be set aside on proof of 1) gross abuse of discretion, 2) fraud, or 3) error of
law.
o the reviewing officer must be other than the officer whose decision is under
review.
o nemo potest esse simul actor et judex- No man can be at once a litigant and
judge.
o the law does not require another notice and hearing for a review of the decision
of the board of special inquiry on the basis of the evidence previously
presented.
 o no denial of due process if petitioners received notice of the scheduled
investigation the day before said date of the hearing or investigation
o there was denial where the decision was rendered against a person who was
not a party to or even notified of the proceedings taken before a labor arbiter.
o hearing is essential before a fine may be imposed.

Reqt’s of Quasi-Judicial Proceeding

1) taking and evaluation of evidence,
2) determining facts based on the evidence presented,
3) rendering an order or decision supported by the facts proved

o findings of fact of administrative departments are generally accorded respect,

if not finality, by the courts.
o the officer who makes the determination must consider and appraise the
evidence which justifies them.
o no denial of the right to due process on the basis of position papers submitted
by the parties.
o the vote alone of the Chairman of Commission is not sufficient to legally render
an NTC order, resolution or decision.
o where opportunity to be heard either through oral arguments or through
pleadings is accorded, there is no denial of due process.
o appeal/motion reconsideration- remedy to cure defects in procedural
process
o Gen. Rule- trial-type proceeding is not required; Exception- where the findings
are necessarily to be based on the credibility of the witnesses or complaints.

ELEMENTS OF DUE PROCESS:

1. There must be a court or tribunal clothed with judicial power to hear and
determine the matter before it;
2. Jurisdiction must be lawfully acquired over the person of the defendant or
property which is the subject of the proceedings;
3. The defendant must be given an opportunity to be heard; and
4. Judgment must be rendered upon lawful hearing.
1. the judge must not only be impartial but must also appear to be impartial
as an added assurance to the parties that his decision will be just.
2. complainants have the burden of proving by substantial evidence the
allegations in their complaints.

Administrative Due Process: Requirements

1. Right to Notice, be it actual or constructive
2. Reasonable opportunity to appear and defend his rights and to introduce
witnesses
3. Impartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence
Exceptions to the Notice and Hearing Requirement
1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Right was previously offered but not claimed
4. Summary abatement of a nuisance per se
5. Preventive suspension of a public servant facing administrative charges
6. Padlocking of filthy restaurants/theaters showing obscene movies
7. Cancellation of a passport of a person sought for criminal prosecution
8. Summary distraint and levy of properties of a delinquent taxpayer
9. Replacement of a temporary or acting appointee

Administrative Appeals and Review

 Gen. Rule: administrative decision cannot be enforced; Exception: unless
otherwise provided by law or executive order

Enforcement of Decision
 how?- appeal to the force of public opinion
o it is an administrative penalty which administrative officers are empowered
to impose without criminal prosecutions.
o writ of mandamus- lies to ‘enforce a ministerial duty or the performance
of an act which the law specifically enjoins as a duty resulting from office,
trust or station.

Res Judicata
o the decisions and orders of administrative agencies rendered pursuant to their
quasi-judicial authority, have, upon their finality, the force and binding effect of
a final judgment within the purview of the doctrine res judicata; Exceptions- 1)
when it is repugnant to law, morals, good customs, public order or public policy,
2) labor relations proceedings, 3) exercise of administrative powers, 4)
judgments based on prohibited or null and void contracts.
 An administrative officer may revoke, repeal or abrogate the acts or
previous rulings of his predecessor in office if he becomes satisfied that a
different construction should be given.
o bringing of the same action in the name of the individual members of the union
will not take out the case from the ambit of principle of res judicata.

Chapter 6: JUDICIAL REVIEW

 administrative decision- may be appealed to the courts of justice only 1) if the

Constitution or the law permits it or 2) if the issues to be reviewed involve
questions of law, Rationale- judicial tribunals cannot be deprived of their
inherent authority to decide questions of law, initially by way of review of
administrative decisions.
- may be validly rendered final and inappealable at the administrative level
without allowing the aggrieved party a final resort to the courts of justice.
o even decisions of administrative agencies which are declared “final” by law
are not exempt from judicial review when so warranted.
Methods of Review
 An appeal from an agency decision shall be perfected by filing with the agency
within 15 days from receipt of a copy thereof a notice of appeal, and with the
reviewing courts.
 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.
 The findings of fact of the agency when supported by substantial evidence shall
be final except when specifically provided otherwise by law.
 The SC may review the decisions of the Office of the President on questions of
law and jurisdiction when properly raised.
o 1) it must be shown that all the administrative remedies prescribed by law
or ordinance have been exhausted, 2) administrative decision may be
properly be annulled or set aside only upon a clear showing that the
administrative official or tribunal has acted without or in excess of
jurisdiction, or with grave abuse of discretion.

Doctrine of RIPENESS FOR JUDICIAL REVIEW

1. This determines the point at which courts may review admin action.
2. Application:
a. when the interest of the plaintiff is subjected to or imminently threatened with
substantial injury
b. if the statute is self-executory
c. when a party is immediately confronted with the problem of complying or
violating a statute and there is a risk of criminal penalties
d. when plaintiff is harmed by the vagueness of the statute

Questions Reviewable
Question of Fact Question of Law
1) review of administrative may be appealed to the courts of justice
decision lies in the discretion of independently of legislative permission or even
the legislature, which may or against legislative prohibition
may not permit it as it sees fit Rationale- judiciary has an inherent power to
review all decisions
2) the right to appeal is generally
not deemed embraced in the
right to a hearing
3) pertains to the truth or the arises as to what the law is on a certain state of
falsehood of the alleged facts facts
4) must be respected provided it is in the exercise of their quasi-judicial function;
they are supported by incident of their primary power of regulation
substantial evidence even if such
evidence might not be Note: the interpretation of an agency of its own
overwhelming or even rules should be given more weight than the
preponderant interpretation by the agency of the law it is merely
tasked to administer
 o findings of fact should not be disturbed if supported by substantial evidence.
Exceptions:
1) denial of due process
2) mistake of law
3) fraud
4) collusion
5) arbitrary action in the administrative proceeding
6) when the procedure which led to factual findings is irregular
7) when palpable errors are committed
8) when grave abuse of discretion, arbitrariness or capriciousness is
manifest
o the reviewing Court cannot re-examine the sufficiency of the evidence as if
originally instituted therein, and receive additional evidence, that was not
submitted to the administrative agency concerned.
o administrative agencies which have acquired expertise because their
jurisdiction is confined to specific matters are generally accorded not only
respect but even finality.
o the opinions and rulings of officials of the government called upon to execute or
implement administrative laws command respect and weight.
 Gen Rule: factual findings of administrative agencies that are affirmed by
the Court of Appeals are conclusively upon and generally not reviewable
by this Court.

Exceptions:
1. When the findings are grounded entirely on speculation, surmises or
conjectures;
2. When the interference made is manifestly mistaken, absurd or impossible;
3. When there is grave abuse of discretion;
4. When the judgment is based on a misapprehension of facts;
5. When the findings of fact are conflicting;
6. When in making its findings, the court of appeals went beyond the issues of the
case, or its findings are contrary to the admissions of both appellant and the
appellee;
7. When the findings are contrary to the trial court;
8. When the findings are conclusions without citation of specific evidence on which
they are based;
9. When the facts set forth in the petition as well as in the petitioner’s main and
reply briefs are not disputed by respondent;
10. When the findings of fact are premised on the supposed absence of evidence
and contradicted by the evidence on record; and
11. When the ca manifestly overlooked certain facts not disputed by the parties,
which if properly considered, would justify a different conclusion.

Questions Reviewable on Judicial Review:

1. Questions of FACT - The general rule is that courts will not disturb the findings
of administrative agencies acting within the parameters of their own
competence so long as such findings are supported by substantial evidence. By
 reason of their special knowledge, expertise, and experience, the courts
ordinarily accord respect if not finality to factual findings of administrative
tribunals.
2. Question of LAW - Administrative decision may be appealed to the courts
independently of legislative permission.
It may be appealed even against legislative prohibition because the
judiciary cannot be deprived of its inherent power to review all decisions on
questions of law.

Doctrine of Finality - Courts are reluctant to interfere with action of an administrative

agency prior to its completion or finality, the reason being that absent a final order or
decision, power has not been fully and finally exercised, and there can usually be no
irreparable harm.
EXCEPTIONS: Interlocutory order affecting the merits of a controversy;
Preserve status quo pending further action by the administrative agency;
Essential to the protection of the rights asserted from the injury threatened;
Officer assumes to act in violation of the Constitution and other laws; Order not
reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that courts cannot or will not determine a controversy which
requires the expertise, specialized skills and knowledge of the proper
administrative bodies because technical matters of intricate questions of fact
are involved.
2. Relief must first be obtained in an administrative proceeding before a remedy
will be supplied by the court even though the matter is within the proper
jurisdiction of a court.

Doctrine of Prior Resort - When a claim originally cognizable in the courts involves
issues which, under a regulatory scheme are within the special competence of an
administrative agency, judicial proceedings will be suspended pending the referral of
these issues to the administrative body for its view.

Note: The doctrines of primary jurisdiction and prior resort have been
considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

- Under this doctrine, an administrative decision must first be appealed to the
administrative superiors up to the highest level before it may be elevated to a
court of justice for review.

Reasons:
1. to enable the administrative superiors to correct the errors committed by
their subordinates.
2. courts should refrain from disturbing the findings of administrative. bodies in
deference to the doctrine of separation of powers.
3. courts should not be saddled with the review of administrative cases
 4. judicial review of administrative cases is usually effected through special civil
actions which are available only if there is no other plain, speedy and
adequate remedy.
Others:
1) law
2) comity
3) convenience
o administrative agency, if afforded a complete chance to pass upon the
matter, will decide the same correctly.
o the premature intervention of courts is fatal to one’s cause of action.

Exceptions
1. Question raised is purely legal, involves constitutional questions
2. Administrative body is in estopped
3. Act complained of is patently illegal
4. Urgent need for judicial intervention
5. Claim involved is small
6. Irreparable damage is involved
7. No other plain, speedy, adequate remedy
8. Strong public interest is involved
9. Subject of controversy is private land
a. In quo warranto proceedings
b. When the administrative remedy is permissive, concurrent
c. Utter disregard of due process
d. Long-continued and unreasonable delay
e. Amount involved is relatively small
f. When no administrative review is provided
g. Respondent is a department secretary (DOCTRINE OF QUALIFIED
POLITICAL AGENCY – ALTER EGO DOCTRINE)

Substantial evidence – defined to mean not necessarily preponderant proof as

required in ordinary civil cases but such kind of relevant evidence which a reasonable
mind might accept as adequate to support a conclusion.
Appeal to President
o the doctrine of administrative remedies empowers the Office of the President
to review any determination or disposition of a department head.
o doctrine of qualified political agency- as the President cannot be expected
to exercise his control powers all at the same time and in person, he will have
to delegate some of them to his Cabinet members.

Effects of Noncompliance:
1) does not affect the jurisdiction of the court;
2) merely results in the lack of a cause of action
Remedy- motion to dismiss
o exhaustion must be raised at the earliest possible time, even before filing the
answer to the complaint or pleading asserting a claim, by a motion to
dismiss; otherwise, such a ground for dismissal would be deemed waived.
 A failure to exhaust administrative remedies may also constitute forum
shopping- exists when both actions involve the same transactions, same
essential facts and circumstances and raise identical causes of action,
subject matter and issues.
 a motion for reconsideration must be filed before the special civil action for
certiorari may be availed of.