ADMIN Reviewer

Administrative Law Reviewer (Atty. Alberto A.
Agra)
CONCERNS OF ADMINISTRATIVE LAW
Chapter I – Introduction  Private rights
o Chief concern is the protection of private rights.
Administrative Law – the entire system of laws which the machinery of the o SUBJECT MATTER – nature and mode of exercise of
State works and by which the state performs government acts. administrative power and the system of relief.
 It includes all the laws that regulate or control the  Delegated powers and combined powers
administrative organization and operations of the government o Generally concerned with agencies with delegated powers and
including the legislative and the executive branches. not with the exercise of the constitutional powers of the
 It provides for the structure of government and the procedure. president.
 It is the law on governmental administration
 It fixes the organization and determines the competence of Administrative Law International Law
administrative authorities and indicates the remedies for the Lays down the rules which guide the not binding upon the officers of the
violation of an individual's rights. officers of the administration in their government considered in relation to
 it is the system of legal principles to settle the conflicting claims of actions as agents of the government their own government except insofar
executive and administrative authority on the one hand and of the as it has been adopted to their
individual or private rights on the other. administrative law.
 It is the part of law which governs the organization,
functions and procedures of administrative agencies of the Administrative Law Constitutional Law
government which quasi legislative powers are delegated and judicial Gives and carries out the general Prescribes the general plan or
powers are granted and the extent and manner to which such plan in minute details framework of the governmental
agencies are subject to the control by the courts. organization
Treats the rights of individuals from Treats of the rights of individuals.
SCOPE OF ADMINISTRATIVE LAW the standpoint of the powers of the The emphasis is on the rights.
 Fixes the administrative organization government
 Law which governs public officers and their rights, duties,
liabilities, election and competence. It emphasizes the powers of the
 It creates administrative agencies defines their powers and government and duties of the citizens
functions, procedures including adjudication. Indicates to the individuals the It prescribes the limitations on the
 Provides the remedies available to aggrieved parties in remedies for the violation of their powers of the government to protect
administrative actions rights the rights of the individuals against
 Governs judicial review of the administrative actions or decisions abuse in their exercise.
 Includes the rules, regulations, orders and decisions made by the Note: Administrative law is necessary the supplement of the
administrative authorities dealing with the interpretation of the law Constitutional Law. But administrative law also complements
and enforcement entrusted to their administration. constitutional law insofar as it determines the rules relative to the
 Judicial decisions dealing with the abovementioned. activity of the administrative authorities.
Note: It is not only the law that governs the administrative authorities, but Administrative Law Criminal Law
also the law made by the administrative authorities whether of general
Note: Criminal law is applied to all branches of the law, including
or particular applicability.
administrative law.
Administrative authorities – all those public officers and organs of the
The most common and efficient way of enforcing an
government charged with the amplification, application and execution of the
administrative rule is by giving it a penal sanction. The mere affixing
law but do not include the doctrine of separation of powers.
of the penalty does not deprive such rule of its administrative character.
Erandio, Athena Louise

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Administrative Law Reviewer (Atty. Alberto A. Agra)
CLASSIFICATION OF ADMINISTRATIVE LAW
Administrative Law Law of Public Administration
The subject matter of administrative It has to do with the practical Classifications and distinctions
law is public administration. management and direction of various SOURCE 1) the law that controls the
organs of the State and the execution administrative authorities
They are apparently synonymous of state policies by the executive and (constitution, statutes, judicial
with each other. But the true field admin offices decisions, executive orders,
of administrative law refers administrative order of superiors to
only to the external aspect of subordinates)
public administration.
2) law made by administrative
It is a narrower branch but authorities (general regulations
constitutes the bulk of public and particular determinations –
administration. delegations of power – Ex.
Presidential proclamations, cease
PRINCIPAL SUBDIVISIONS OF ADMINISTRATIVE LAW and desist orders of SEC, etc.)
 The distinction, however, is relative than absolute for the 2 aspects are PURPOSE 1) Procedural Administrative
so closely interrelated and at many points quite inseparable. law – imposes the procedure to be
Administrative law is primarily concerned with the problems of followed in the pursuit of its legal
administrative regulation than those of management. purpose
 Internal administration – treats the legal relations between the
government and its administrative officers and of the legal relations 2) Substantive administrative
that one administrative officer or organ bears to another. law – establishes the primary rights
o Topics: nature of the public office (de jure or de facto) and and duties
incompatible or forbidden offices, qualifications, APPLICABILITY 1) General administrative law –
disqualifications, appointment, tenure, removal, pension, general in nature and common to all
compensation, organization, legal relation of superior- (constitution, doctrine of exhaustion
subordinate, etc. of administrative remedies, judicial
o Institutional side as a going concern which includes the review)
legal structure or organization of public administration, and
legal aspect of institutional activities. 2) Particular administrative law
 External administration – concerned with the legal relations – pertains to particular agencies
between administrative authorities and private interests. proceeding from the statute creating
o Survey of powers and duties that relate to private interests the individual agency and has little or
o Analysis of the scope and limits of such powers no application except in connection
o Sanctions attached to or means of enforcing, official with such agency.
determinations
o Examinations of the remedies against the official action. - the law is to be applied only to the
cases falling under the agency's
jurisdiction.

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ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW  Limitations upon effective legislative action since there are
 The rapid expansion of the administrative agencies and their increased many administrative functions, which could not be performed by
functions made it possible for the development of administrative Congress.
law as a distinct category of law. o There are limitations, which make it practically an
 Modern life became more complex which caused a multiplication of impossibility for congress to do all the things it theoretically
government functions necessitating an enormous expansion could do (e.g. lack of time, specialized knowledge, lack of staff
of public administration. So, the legislature had to create more and to secure information, complexity of problems, etc.).
more administrative bodies, boards or tribunals specialized in their  Limitations upon exclusive judicial enforcement also is a
particular fields. problem is adjudicatory powers are not given to the agencies since
 There is a need for broad social or governmental control over many courts would vary in their application of the law. There would be
complex conditions and activities which in their detail could not no uniformity in the policy of initiation.
be dealt with directly in an effective manner by the legislature or the o If a single administrative agency can assume the responsibility
judiciary. for enforcement and can develop, subject to judicial review,
 The issues ought to be decided by experts and not by a judge, at uniform policies, in the carrying out the responsibility, it
least not in the first instance or until the facts have been would be more advantageous.
sifted and arranged.  Continuity of attention and clearly allocated responsibility
 Such agencies represent a fusion of different powers of the o the agencies have the time and facilities to become and to
government. remain continuously informed and they can be given a unified
o They are vested with the power to promulgate rules, carry responsibility for effectuating policies.
out the regulations and decide on the controversies  Need for organization to dispose of the volume of business
within the scope of their activities. and to provide the necessary records
 Administrative law is still in its formative stage and is being developed
as part of the traditional system of law. CRITICISMS AGAINST ADMINISTRATIVE ACTION
 Tendencies toward arbitrariness
ADVANTAGES OF ADMINISTRATIVE PROCESS  Lack of legal knowledge and aptitude to adjudicate
 Administrative process – includes the whole time of the series of  Political bias or pressure brought by uncertainty of tenure
acts of an administrative agency whereby the legislative delegation  Disregard of safeguards to ensure fair hearings
of a function is made effectual in particular situations.  Absence of rules of procedure standards
o Embraces matters concerning the procedure in disposition,  Combination of legislative, executive and judicial functions
and the matter in which determinations are made, enforced
and reviewed. RELATION BETWEEN ADMINISTRATIVE AGENCIES AND COURTS
 Advantages of administrative adjudication  They are collaborative instrumentalities of justice.
o It insure greater uniformity and impersonality of action o Although independent, they are collaborate instrumentalities.
 The judicial process is not an alternative to the administrative process. o Court may entertain an action brought before them, but to call
 It is a trend towards preventive legislation. their aid the appropriate administrative agency on questions
o The mere existence of the law will have a deterrent effect. within its administrative competence.
o There is a desire for a more effective and more flexible  They are not hierarchical, nor is the court a super
preventive remedies in the creation of many administrative commission. The court is to accommodate the administrative
agencies. process to the judicial system; accommodate private rights and public
o Prevention is also a major purpose of licensing statutes. interest in the powers reposed in administrative agencies; and to
Licensing is both one of the most burdensome and reconcile in the filed of administrative action, democrative safeguards
one of the most effective forms of regulation. of fair play.

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 The courts must also see to it that the powers are not unlawfully Note: It is both a function (execution of the law) and the totality of the
vested in the agencies and to maintain the constitutional and executive and administrative authorities.
statutory rights of the person.
o They should give due deference to the agencies to ensure that ADMINISTRATION (as an GOVERNMENT
the powers given them are not usurped or unwarrantedly organization)
limited or interfere with the proper exercise of their valid Aggregate of persons in whose hands Institution or aggregate of
powers. the reins of the government are institutions by which an independent
o They should lend the powers of the court to the proper entrusted by the people for the time society makes and carries out those
attainment of the valid objectives of the agency. being. rules of action which are necessary to
o Leave the legislature or the people the remedy for enable men to live in a civilized state
administrative action. or which are imposed upon the
people forming that society boy those
ADMINISTRATION OF ADMINISTRATION OF who possess the power or authority
GOVERNMENT JUSTICE of prescribing them.
Administration of government is Administration of justice is charged
charged to the administrative to the judicial officers Aggregate of authorities which
officers rule a society.
The work done is not necessarily or Decision of controversies between
even often, the result of any individuals and government officers Chapter II – Nature and Organization of Administrative Agencies
controversy and is not merely Status and Characteristics
dependent on the solution of the What is the law applicable to the
question of what is the law but made facts presented before them? CREATION, REORGANIZATION AND ABOLITION OF
also as a result of consideration ADMINISTRATIVE AGENCIES
of expediency.  Some are created by virtue of the constitution but most are created by
legislative enactments. The executive may also create agencies under
They must determine what is the statutes.
law and whether in case they o In creating an administrative agency, there are
are competent to act, if it is wise constitutional restrictions.
for them to act. o Duly executed acts of an administrative agency can have valid
effects beyond the life span of the agency.
ADMINISTRATION AS A SEPARATE POWER  Agencies of statutory origin are subject to expansion or
 The term administration cannot be so plainly defined as it may slightly contraction of their powers and functions, or to
overlap with the legislative and the judicial field. reorganization or abolition at the will of Congress.
 It is a function. It is the execution, in non judicial manner, of o when the purpose is to abolish the agency, and replace it with
the law or will of the state expressed by the competent another, it should specify that the previous agency is abolished
authority. It is the activity of the executive officers of the government. and the replacement to be the new one.
o Has something to do with carrying the laws into effect by way o Congress can delegate the power to create positions (ex.
of management or oversight, investigation, regulation, control President's reorganization power – regarded as valid if it is
in accordance with the principles prescribed by Congress. pursued in good faith).
 As an organization, it is that group or aggregate of persons in
whose hands the reins of the government are for the time MEANING OF ADMINISTRATIVE AGENCY
being. It is the entire administrative organization extending from the  Administrative agency – is the term used to describe an agency
Chief Executive to the subordinates. exercising some significant combination of executive, legislative, and

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judicial powers. It is charged with the administration and  Although they are not courts in the strict sense, they are so in
implementation of a particular legislation. the broad sense since they exercise adjudicatory powers.
o Covers commissions, divisions, bureaus, etc. Their proceedings partake the nature of a judicial proceeding.
o A single officer is also embraced therein. The bulk of the  Their functions are PRIMARILY REGULATORY even if it
administrative law employs a variety of terms to refer to an conducts hearings.
administrative agency.  Certain agencies are deemed to be agents of the legislative branch
o Under the Administrative Code of 1987, agency is used of the government and not of the executive branch while
to refer to any of the various units of the government. others, are deemed agents of the latter.
It can be a national agency (unit of the national government) o They may perform legislative or quasi-legislative functions
or a local agency (if local government). although they are without legislative power in the strict sense.
 They are independent of the executive branch or one not
Administrative agency Court subject to a superior head department (some such as COA,
Generally a large organization staffed Tribunal presided by one ore more CSC, COMELEC).
by men who are deemed to become jurists learned in the law  They are corporate bodies or legal entities. As such, they can sue
something of experts in their or be sued in courts. Others even have perpetual existence apart
particular fields. from their members.
Performs a variety of functions Judicial functions only.
Uses a varying degree of discretion in Governed by fixed rules in arriving at MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES
arriving at decisions and often decisions and bound by the riles that  They are necessarily large. Their staff includes many people
proceeds without being bound by no final adjudication is to be made performing a variety of tasks which must be coordinated, supervised,
technical rules of evidence or until after due notice to the parties directed toward the fulfillment of the agency functions.
procedure with opportunity for a full and fair  They staff are specialized from experience.
hearing. o An agency's background of knowledge and experience and its
equipment for investigation enable it to do much of its work by
STATUS OF CHARACTER OF PARTICULAR ADMINISTRATIVE informal methods without the necessity of formal hearings and
AGENCIES have an impact upon its procedures for formal adjudication
 Generally, they may be said to be agencies of the state or government, and for rule-making.
representing no private interests of their own, but functioning or acting  A particular administrative agency is charged by congress
within the scope of their authority for and on behalf of the government with a particular statutory end.
and as representatives of the public or guardians of their o Generally, they are charged with the responsibility of making
interest and not those of private persons. good to the people a major part of the ends of a democratic
o Vested with the real power to act for the government. government. They cannot take a purely neutral attitude toward
Authority to act with the sanction of government is essential. accomplishment of the task with which they are charged.
o The form or the function of the agency is not determinative o One of its most difficult problem is combining the
of the question whether it is an agency. responsibility of effective enforcement of public policy with fair
 They are not courts or part of the judicial system. play to the private interest which are regulated.
o they cannot exercise purely judicial functions since they do not  Variety of administrative duties.
have the inherent power of a court and are not bound by the
rules applicable to courts. They do not come within the CONSEQUENCES OF CHARACTERISTICS
meaning of "in any court" of a state.  There should be an allocation of functions among the members and
o Their function is not to adjudicate, but to represent a public staff of the agency.
interest.  The major work of the head of an agency is supervision and
direction. They cannot be the specialist in all kinds of work, but
specialists must be immediately available to them.

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o Agencies must be founded upon the reality that many persons o Such powers shall not be delegated except to the extent
in the agency other than the heads, must do the bulk of his authorized by the Constitution.
work, with him supervising.  There are 3 independent constitutional commissions namely: COA,
o Hence, there should be a delegation of function and CSC and COMELEC. These shall exercise powers and functions
authority. It is a predominant feature of their conferred upon them by the constitution and the law. IN addition to
organization and procedure. this, there is also the Ombudsman and the independent
commission on Human Rights.
DELEGATION OF FUNCTION AND AUTHORITY o the state is also mandated to establish an independent
 Types of delegation: monetary authority and an independent economic and
o Delegation of internal management planning agency.
o Delegation of authority to dispose of routine matters
o Delegation of authority to dispose of matter informally or ORGANIZATION OF THE OFFICE OF THE PRESIDENT
initiate formal proceedings  The Office of the President:
o Delegation of authority and function in formal proceedings o Private office – provides direct services to the president and
(includes the authority to conduct formal hearings) attends to functions that are personal or which pertain to the
 Delegation may be a matter of degree and it may be first family.
combined with supervision and control. o Executive office – headed by the executive secretary (office
o It may even involve decentralization through delegation to of executive secretary, deputy executive secretaries and
field offices. assistant executive secretaries), it shall be fully responsive to
the specific needs and requirements of the president
TYPES OF ADMINISTRATIVE AGENCIES to achieve the purposes and objectives of the office.
 Classified according to their purposes o Staff Support System – embraces the offices under the
o Where the government is offering some gratuity, grant or general categories of development and management, general
special privilege (PVA, GSIS, PAO, PMCC) government administration and internal administration.
o Where the government is seeking to carry on certain o Presidential Special Assistants/Advisers System –
functions of the government (BIR, Immigration, LRA) includes special assistants and advisers as may be needed by
o Performing some business service for the public the president providing consultative or advisory services.
(Philippine Postal Corporation, PNR, MWSS NFA, NHA)  Agencies under the Office of the President (referring to those
o Regulate business affected with public interest offices under the chairmanship of the president, under his supervision
(LTFRB, Energy Regulatory Board, HLURB, Bureau of Mines, and control, under his administrative supervision, attached to the
Geosciences, NTC). office of the president for policy and proper coordination, and those
o Where the government seeks, under police power, to not placed under any special department by law.
regulate businesses and individuals (SEC, MTRCB, GAB,  The president has the authority to reorganize the
DDB, BTRCP) administrative structure of the Office of the President.
o Set up to adjust individual controversies because of o He may restructure the internal organization of the office of
some strong policy involved (NLRC, ECC, SSS, SEC, DAR, the president by abolishing, consolidating or merging the units
COA) thereof or transferring functions from one to another.
o He may transfer any function of the office of the president to
Administrative Organization any other department or agency as well as from the
DISTRIBUTION OF POWERS OF GOVERNMENT agency to the office of the president
 Administrative Organization – refers to the administrative o He may transfer agency under the office of the president to any
structure of government including political subdivisions and the other department or agency as well as transfer agencies to the
allocation of powers, functions, and duties to various units or agencies. office.
o POWERS: Traditionally, legislative, executive and judicial

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ORGANIZATION OF DEPARTMENTS  The undersecretary shall advise and assist the secretary in the
 Department – an executive department created by law. It includes formulation and implementation of the department objectives and
any instrumentality having assigned the rank of a department, policies.
regardless of designation or name. o He shall discharge the secretary's functions in case of absence
 Number, purpose and decentralization or inability to discharge or for any cause or in case of vacancy
o Departments can be established as are necessary for the of said office unless otherwise provided by law.
functional distribution of the work of the President  The assistant secretary shall perform duties and functions as may
o They should be organized and maintained to insure their be provided by law or assigned to him by the secretary.
capacity to plan and implement programs in accordance
with the national policies DEPARTMENT SERVICES
o Grouped on the basis of their major functions to  Planning service – services related to planning, programming and
achieve simplicity, economy and efficiency to minimize project development and discharge such other functions as may be
duplications and overlapping. provided by law.
o The functions shall be decentralized to reduce red tape,  Financial and Management Services – advise and assist the
free central officials from administrative details concerning secretary on budgetary, financial and management matters and shall
field operations and relieve them from unnecessary perform other functions as may be provided by law.
involvement in routine and local matters.  Administrative Service – provide the department with economic,
 Department proper efficient an effective services relating to personnel legal assistance,
o Unless otherwise provided, it shall include the Office of the information, records, delivery and receipt of correspondence, supplies,
Secretary (secretary and undersecretary/s with personnel) equipment, collections, disbursement, security and custodial work.
and the staffs directly under it.  Technical Service – take charge of technical assistance essential
o Undersecretaries can be as many as may be provided which does not fall under the 3 other services.
by the Code or law.  Legal service – if the work involves substantial legal work, in which
o If necessary, an assistant secretary may be created case, the administrative service shall not have a legal division. It
o In absence of special provisions, major staff units of each provides legal advice to the department where the workload of the
department shall be the services which shall include the department does not warrant a legal service or a legal division, there
planning service, financial and management service, shall be one or more legal assistants in the Office of the Secretary.
administrative service and when necessary, technical
and legal services. ORGANIZATION OF BUREAUS
 Jurisdiction over bureaus. The departments shall have jurisdiction  Bureau – refers to any principal subdivision or unit of any
over bureaus, offices, regulatory agencies, etc., assigned to it by law. department given or assigned the rank of a bureau, regardless of actual
 Assignment of offices and agencies – the president shall, by name or designation, as in the case of department-wide regional
executive order, assign offices, and agencies not otherwise assigned by offices.
law to any department, or indicate to which department a government o Principal subdivision of the department performing a single
corporation or board may be attached. major function or closely related functions.
o Headed by a director who may have one or more
SECRETARIES, UNDERSECRETARIES AND ASSISTANT assistants as provided by law. It may also have as many
SECRETARIES divisions as are provided by law for the economical, efficient
 The authority and responsibility for the exercise of the mandate of the and effective performance of its functions.
department and for the discharge of its powers and functions shall be  Powers and duties of heads of bureaus or offices
with vested in the Secretary who shall have supervision and o The head of the bureau shall be its chief executive officer and
control over the department. shall exercise overall authority in matters within the
jurisdiction of the bureau.

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oThe head shall appoint personnel to all positions in his bureau  Headed by one assistant regional director, except as may be
in accordance with the law. In case of the line bureau or office, provided by law. He is responsible for the department or agency
the head shall also appoint the second level personnel of the functions in the region.
regional offices unless such power has been delegated. He shall  Whenever the function or activity requires central or inter-regional
also have the authority to discipline the employees in action, the function may be performed by the regional offices under the
accordance with the CSC. supervision and control of the department proper or line bureau
o He may, designate the assistant head to act as chief of any concerned.
division or unit within the organization without additional  A regional office shall: implement laws, policies, programs, etc.
compensation. in the regional area; provide economic, effective and
o He shall prescribe the form and fix the amount of all bonds efficient service to the people; coordinate with regional
executed by private parties pertaining to his bureau or office. offices of other departments bureaus and agencies in the
o Prescribe forms and issue circulars or orders to secure the area; coordinate with local government units in the area;
efficient administration of his bureau perform such other functions as may be provided by law.
o Issue orders regarding administration of its internal affairs o District offices may be established only in cases of clear
 Bureaus are either STAFF OR LINE necessity.
o Staff bureau – primarily perform policy, program
development and advisory functions. It shall avail itself of the DEFINITION OF ADMINISTRATIVE RELATIONSHIP
planning, financial and administrative services in the  Supervision and control – includes the authority to act directly;
department is circumstances so warrant. direct or restrain the performance of an duty/act; review, approve,
 Its director shall: advise and assist the office of modify, reverse acts of subordinates; determine priorities of plans and
the secretary of matters pertaining to his programs; prescribe standards, guidelines, plans and programs.
bureau's specialization; provide advisory and o Unless otherwise provided, the word control contemplates
consultative services to the regional office of supervision and control.
the department; develop plans for the  Administrative supervision – governs the relationship between
attainment of their objective; other duties as the department or its equivalent and regulatory agencies or other
may be provided by law. agencies as may be provided by law.
o Line bureau – directly implement programs adopted o Limited to: general oversight of operations of such agencies to
pursuant to the department's plans and policies. It may have insure proper management; require submission of reports and
staff units as may be necessary. If the bureau is small, only a cause conduction of management audit and evaluations; take
single unit performing combined staff functions may be actions as may be necessary for the proper performance of
provided. official functions; review and pass upon budget proposals but
 Its director shall: exercise supervision and may not increase them.
control over all divisions and other units o Does not include: appointments and other personnel actions
under the bureau; establish policies and except when appeal is made from an action of appointing
standards for the operation; promulgate rules authority; review of contracts entered into by the agency in the
and regulations as may be necessary; other pursuit of its objectives; power to review, reverse, modify, the
duties as may be provided by law. decisions of regulatory agencies in the exercise of their
regulatory or quasi-judicial functions.
ORGANIZATION OF FIELD OFFICES  Attachment – the lateral relationship between department or its
 Regional offices – established according to the law defining field equivalent and the attached agency or corporation for purposes of
service areas. policy and program coordination.
o Administrative regions – NCR, RI-XII o May be accomplished by: having the department represented
o The department or agency shall organize an integrated in the governing board of the attached agency or corporation;
regional office on a department or agency-wide basis. having the attached agency comply with a system of periodic

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reporting; having the department provide general policies made. It shall vest sufficient authority to enable the delegate to
through its representative in the board. discharge his assigned responsibility.
Note: Day to day administration shall be left to the discretion and judgment of LINE BUREAU AUTHORITY
the executive officer of the agency or corporation. If there is a disagreement,  Line bureaus shall exercise supervision and control over their regional
the matter shall be brought to the President. and field offices.
 GOCCs shall submit to the secretary their audited financial statements  They are directly responsible for the implementation of plans and
within 60 days after the close of the fiscal year. programs
o Pending submission, the budget shall be that of the previous  The regional and field offices shall be the operating arms of the bureau
fiscal year. for the direct implementation of the plans and programs.
POWERS AND FUNCTIONS OF DEPARTMENT SECRETARY RELATIONSHIP OF GOCCS TO THE DEPARTMENT

 Advise the president in issuing executive orders, regulations,  GOCCs refer to any agency organized as a stock or non-stock
proclamations and other issuances. corporation vested with functions relating to public needs whether
 Establish the policies and standards for the operation of the governmental or proprietary in nature. And owned by the
department government directly or through its instrumentalities wholly
 Promulgate rules and regulations necessary or at least 50% of the capital stock.
 Promulgate administrative issuances for the administration of the o They are to be attached to the appropriate department
offices under the secretary and for the proper execution of the laws with which they shall have allied functions or as may be
thereto provided by executive order.
 Exercise disciplinary powers over officers and employees o At least 1/3 of the members of the board should be either a
 Appoint all officers and employees of the department except those secretary or undersecretary or assistant secretary.
vested in the President
 Exercise jurisdiction over all bureaus, offices, agencies and Note: During their tenure, the president, VP, members of the cabinet, their
corporations deputies and assistants are not allowed from holding any other office or
 Delegate authority to officers and employees under the direction of the employment.
secretary
RELATIONSHIP OF REGULATORY AGENCIES TO THE
AUTHORITY OF THE DEPARTMENT SECRETARY DEPARTMENT
 He shall have supervision and control over the bureaus, offices,  A regulatory agency refers to any agency vested (expressly) with
agencies under him but: jurisdiction to regulate, administer, and adjudicate matters
o Initiative and freedom of action shall be encouraged affecting substantial rights and interests of private persons.
o With respect to any regulatory function of an agency subject to The principal powers of which are exercised by a commission, board or
department control, the authority of the department shall be council.
governed by the provisions of the Code. His authority shall o It is subject to the administrative supervision of the
not apply to chartered institutions, GOCCs attached to department under which they are placed, except GOCCs
the department. o The heads shall submit an annual report of their budgets, and
work plans to the secretary.
DELEGATION OF AUTHORITY o They may avail the common auxiliary and management
 The authority shall be to the extent necessary for economical, efficient services of the department as may be convenient and
and effective implementation of national and local programs. economical for their operations.
 The delegation shall be in writing and shall indicate to which
office or class of officers and employees the delegation is

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MANDATES OF THE DIFFERENT DEPARTMENTS
 DFA – lead agency for directing and evaluation the total national Chapter III – Powers and Functions of Administrative Agencies
effort in the field of foreign relations In General
 DOF – responsible for the formulation, institutionalization and
administration of fiscal policies MEANING OF POWERS AND FUNCTIONS
 DOJ – provide the government with a principal law agency as legal Powers Functions
counsel and prosecution arm. Refers to the means by which a Where one is bound or which it is
 DOA – promotion of agricultural development and support services function is fulfilled one's business to do.
needed for domestic and export-oriented business enterprises
 DPWH – engineering and construction arm, ensure safety of SOURCES OF POWERS
infrastructures and securing all public works and highways the highest  It does not always come from a single source. It lies in statutes under
efficiency which they claim to act or the constitution.
 DECS now DEPED – responsible for formal and non-formal  The failure to exercise such powers does not forfeit them.
education at all levels, supervise all educational institutions, public or
private and provide for an integrated system of education relevant to SCOPE OF POWERS
the goals of the national development.  Most agencies have investigative, rule-making and determinative
 DOLE – labor and employment; promotion of gainful employment functions or at least 2 of such functions.
opportunities; worker's welfare; promote stable employment relations.  Express and implied powers – Powers are measured and limited
 NATIONAL DEFENSE – guarding against external and internal by the constitution or law creating them or granting their powers, to
threats to national peace and security and provide support for social those conferred expressly or by necessary or fair implication.
and economic development o The successor of an agency which did not possess the power to
 DOH – promotion of health of the people through delivery of health impose fines cannot arrogate unto itself such power in the
services, regulation and encouragement of providers of health goods absence of legislation.
and services o Statutes conferring powers must be liberally
 TRADE AND INDUSTRY – areas of trade, industry and construed to enable them to discharge their
investments functions. They only have such powers are granted to them
 DAR – direction and coordination to the national agrarian reform by law and those which are necessarily implied in the exercise
program extended to transform farm lessees and farm tenants to of its express powers.
owners of economic family-size farms.  Inherent powers
 DILG – exercises general supervision over local governments in o An agency has no inherent powers although implied ones
ensuring autonomy, decentralization and community empowerment. are often spoken of as inherent.
 DOT – promotion of tourism industry, domestic and international. o In the absence of any provision of law, they have no inherent
 DENR – development and disposition, utilization and management of powers to punish for contempt.
the country's national resources; promote sound ecological balance.  Quasi-judicial powers
 DOTC – promotion, development and regulation of dependable and o Powers cannot be merely assumed nor can they be created by
coordinated networks of transportation and communications systems. the courts in the proper exercise of their judicial functions.
 DSWD – care for the physically and mentally handicapped; provide o Agencies are bereft of quasi-judicial powers. Their powers are
welfare packages to its constituents; arrest the further deterioration of dependent upon the provisions of the statute reposing
the socially disabling or dehumanizing conditions of the disadvantaged power in them. They cannot confer it upon
 BUDGET AND MANAGEMENT – formulation and themselves.
implementation of the national budget o They are tribunals of limited jurisdiction. However, they have
 DOST – coordination of scientific and technological efforts. in their favor the presumption of regularity including
 DOE – supervise and control all activities relative to energy those which are quasi-judicial in nature.
exploration, development, distribution and conservation.

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Where the SEC prohibited the double listing of stock securities in NATURE OF POWERS
stock exchanges, the Makati Stock Exchange contends that the  The jurisdiction of the agencies are special (what is specifically
SEC is without the authority to impose and even assuming it granted to them with those implied) and limited
does, that it is illegal, discriminatory and unjust. The permission (constitutional and statutory purposes).
referred to in the case was actually a prohibition.  Powers conferred to them must be commensurate with the duties to be
performed and the purposes to be lawfully effected. When such power
The court ruled that the commission is without the power to impose the is abused, the court may interfere.
prohibition and such results to a violation of constitutional rights. They were  A government agency must respect the presumption of
neither granted by the constitution or by statute the power to prohibit the constitutionality and legality to which statutes and
double listing of stock securities in stock exchanges. administrative regulations are entitled until such is repealed
or amended.
The Board of Communications imposed a fine for injury caused
by a failure of a communications company to transmit WHAT CONSTITUTES ADMINISTRATIVE POWER OR
telegrams. It claimed that as successor in interest of the PSC, it ADMINISTRATIVE FUNCTION
has the same powers as the same provided for in the Public  While it has been said that there is no such thing as an administrative
Service Act, one of which is to issue certificates of public power, in the constitutional sense, such classification is still well-
convenience. established.
 The most important administrative function is the judgment
The court ruled that the board is without jurisdiction. The charges in this and discretion. The power to make rules is administrative although
case do not involve their failure to comply with the certificate of public legislative in nature.
convenience. The charge does not relate to the management of the facilities
and system of transmission of message by the petitioner in accordance with POWERS OF ADMINISTRATIVE AGENCIES CLASSIFIED.
the certificate of public convenience.  As to nature:
o Investigatory
The proper forum for them to ventilate their grievances should be in the o Rule-making powers
courts and not in the Board of Communications. o Adjudicatory powers
The BOT granted provisional permits for the operation of excess Note: the regulatory power of an agency may be either legislative or
taxicab units allegedly despite the lapse of its power to do so judicial in nature. The power to conduct investigations and the power to
under the law. As argued, the petitioners stated that the decree carry out the provisions of law are essentially executive or administrative in
limited the period of the BOT to 6 months. nature but the latter is classified as adjudicatory where it involves the exercise
of judgment and discretion.
The court held that the exercise of the power is not subject to the alleged time
limitation. The reading of the law indicates that it was a step towards the  As to degree of subjective choice
legalization of colorum taxicab operators without the alleged time limitation. o Discretionary
There is nothing in the law which suggests that the power exists only for 6 o Ministerial
months. It merely provides for the withdrawal of the state's waiver of its right
to punish said colorum operators for illegal acts. Discretionary Ministerial
the person may choose which of In respect to which, nothing is left to
There should be a liberal construction of the law in this case. several courses will be followed. discretion.
It is the power or right conferred One performed in response to a duty

upon a person under certain which has been positively imposed by
circumstances, according to the law and its performance required at a

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dictates of their own judgment and time and in a manner or upon obligations of the parties before it.
conscience, and not controlled by conditions specifically designated,
judgment or conscience of others. the duty to perform not being SCOPE AND EXTENT OF POWERS
dependent on judgment and  An administrative agency may initiate an investigation on a complaint
discretion. or on its own motion. They may be required to make investigations as a
mandatory duty.
Investigatory Powers  Investigations are usually held in private.
GENERALLY  They have the power to enter premises and inspect or examine
 It includes the power of an administrative body to inspect the such premises or things or operations therein, particularly
records and premises and investigate the activities of the books and records.
persons or entities coming under its jurisdiction or to  Regulatory bodies have been given the power to prescribe
secure, or to require the disclosure of information by means the forms and methods of accounts, records, and
of accounts, records, reports, statements, testimony of memoranda for the business under their control, power to
witnesses, production of documents or otherwise. inspect books, papers and records, and the power to require
 Some agencies exist for this sole purpose. the filing of reports or statements or answers to specific
 Other agencies possess this power to aid to other powers which they questions.
possess and agencies use such powers to inform themselves of  They do not have the inherent power to require attendance, but this is
particular situations to determine whether they should further take a basic to the power of investigation. Such powers may be validly
action in the execution of particular powers or duties. vested on administrative agencies even for purposes not quasi-judicial.
 Investigation is indispensable to prosecution. o The power to compel will not be inferred from a grant of
 Adjudication – signifies the exercise of power and authority to authority to summon and examine witnesses. It must be
adjudicate upon the rights and obligations of the parties before it. clearly given by statute.
o If the only purpose for investigation is to evaluate evidence  As a general rule, a hearing is not necessary in an investigation
submitted based on the facts, and if the agency is not by an administrative agency or official.
authorized to make a final pronouncement, then there is an  Persons failing to attend, give testimony, produce records at an
absence of judicial discretion and judgment. investigative proceeding may be punished for contempt. But there
must be a statutory grant to punish for contempt.
Special civic action by certiorari was instituted against an  Technical rules of procedure in this administrative agencies are not
administrative agency exercising only investigatory and strictly applied.
advisory powers. The agency concluded that the petitioner made
use of his public office to serve and favor his friends and to Committee created by an executive order of the Mayor of Manila
prosecute the enemies of the latter. The board recommended that to investigate anomalies issued subpoenas and demanded that
he be reprimanded with a warning. witnesses testify under oath. He filed a petition to declare the
person in contempt.
The court held that the board's function is limited to investigation and
making findings. After the investigation, the president, not the integrity The court herein held that the committee was without the authority to issue
board passes upon and adjudicates the rights of the parties. While it is true the subpoenas. Such power was traced from the power of the Mayor to
that the agency has judicial discretion, such discretion is only for the purpose investigate as implied from his power to suspend or remove certain city
of evaluation and for the determination of the disputed facts (not finally employees. However, there is no statutory grant of power to
settle the rights). investigate to petitioner's committee.
Not every function wherein there is judgment and discretion are exercised is Respondent questioned the legality of the subpoena issued by an
a judicial function. The test of judicial function is not the exercise of judicial administrative agency charged with the function, among others,
discretion, but the power and authority to adjudicate upon the rights and to investigate graft and corruption, when there was no charge or

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complaint of violation of law then pending. Rule-Making Powers
GENERALLY
In this case, the committee was with authority to issue the subpoena whether  The essential legislative functions may not be delegated to
or not there is adjudication involved, and whether or not there is probable administrative agencies. What may be granted to them is rule-
cause, even before the issuance of the complaint. It is enough that there is an making power to implement the law it is entrusted to
investigation for a lawful authorized purpose. enforce. It includes the power to amend, revise, alter, and
repeal its rules and regulations.
The agency has the power of inquisition which is not dependent upon a case o An administrative body may implement broad principles laid
or controversy in order to get evidence. The subpoena issued therefore was down in a statute by filling in the details, which the
within the authority of the agency, the demand is not too legislature may neither have time nor competence to provide.
indefinite and the information is relevant.  The statutory grant to make rules is a valid exception to the rule
on non-delegation of legislative power.
Officers of labor union charged with unauthorized disbursement o The statue must be complete in itself
of union funds refused to deliver and deposit certain documents o Fixes the standard, mapping out the boundaries of the
in connection with the court's investigation of the charge. agency's authority to which it must conform.
 It has the force and effect of a law and is binding on the
The court cited the provision of law which states that the member shall be agency and all those dealing with the agency.
entitled to a full and detailed report from their officers and  Statutes operate prospectively only and not retroactively unless
representatives…the books of accounts and other records of the financial there is a legislative intent to the contrary. The same applies to rules
activities of a legitimate labor organization shall be open to inspection by any and regulations.
officer or member thereof.
LEGISLATIVE POWER ON THE ADMINISTRATIVE LEVEL
There is a matter involved which clearly demanded the exercise by the court  Legislative power is the power to make, alter or repeal laws or rules for
of the power of investigation. the future. Operates in the future.
 Rule-making is legislative in character and results in
RIGHT TO COUNSEL IN ADMINISTRATIVE INVESTIGATIONS delegated legislation. It is legislation in the administrative level,
 A party in an administrative inquiry may or may not be assisted by a that is, legislation within the confines of the granting statute, as
counsel, irrespective of the nature of the charges. No duty on such body required by the constitution and its doctrine of non-
to furnish the person with a counsel exists. Hearing here is not a part delegability and separability of certain powers.
of criminal prosecution. The right to counsel is not always o Also called administrative legislation, delegated legislation,
imperative in administrative investigations because such ordinance-making, and quasi-legislation.
merely determine whether there are facts that merit
disciplinary measures against erring public officers and LIMITATIONS ON THE RULE-MAKING POWER
employees.  It may not be used to either abridge the authority given it by congress
 The exclusionary rule does not apply where the admission is made in or the constitution or to enlarge its power beyond the scope intended.
an administrative investigation. o Agencies may only make rules and regulations as are within
the limits of the powers granted to it or what is found in the
IMPORTANCE OF ADMINISTRTIVE INVESTIGATIONS legislative enactment itself, otherwise, they become void.
 The life blood of the administrative process Is the flow of fact, the o It may not make rules which are inconsistent with the
gathering, the organization and the analysis of evidence. It is provisions of the constitution or statute.
imperative for rule making, adjudication and licensing as well as for o it may not amend, alter, modify, supplant, enlarge or expand,
prosecuting, supervising, directing, determining general policy, restrict or limit the provisions or coverage of the statute as this
recommending legislation. power belongs to the legislature.

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o The basic law shall prevail in case of conflict between o It has a statutory grant
the two. o Provides that the rule shall have authoritative force.
o The rule or regulation should be uniform in operation,
reasonable and not unfair or discriminatory. INTERPRETATIVER RULES AND REGULATIONS
 It resembles judicial adjudication. Purport to do no more than
RULES, REGULATIONS, ORDERS OR RULINGS DISTINGUISHED. the interpretation of the statute being administered to say what it
means. Construction of the law.
Rules Regulations Orders or rulings o They are valid in judicial proceedings only insofar as that have
Generally used interchangeably Are actions in which been correctly construed.
there is more of the o Have the force of law.
Usually comprise those actions which the judicial function and o But their interpretations are not conclusive and are set
legislative element predominates in that they which deal with a aside or ignored if found erroneous.
establish a pattern of conduct thereafter to be particular present o The basic law shall prevail in case of conflict.
followed. situation.
Legislative Rule Interpretative Rule
Regulations are nothing more than an Rulings are Nature of subordinate legislation and Product of interpretation of
administrative opinion as to what a statute under interpretations of it has the power to create new and previously existing laws. Merely
construction means. They merely interpret what advisory or advance additional legal provisions that have clarifies or provides guidelines to the
the legislature meant by its statutory opinions and of the the effect of law law they interpret.
language. implementation of the Issued only under express delegation Necessary incident of the
statutes and regulations of law administration or regulatory statute.
themselves. Has the force and effect of law unless Statutory interpretations hence, no
they are ultra vires or statutory sanction.
KINDS OF RULE-MAKING POWERS/RULES AND REGULATIONS unconstitutional
 Rule-making powers: Force and effect of valid statutes Administrative findings of law and
o Supplementary or detailed legislation or rule-making are always subject to judicial
by reason of particular delegation of authority determination. Merely advisory.
o Interpretative legislation or rule making by No vested right if there is a wrongful
construction and interpretation of the statute construction.
o Contingent legislation or determination whether a
statute shall go into effect. Amendatory circular advises employers-members of the SSS
 Administrative rules what, in light of the amendment of the law, they should include in
o Discretionary determining monthly compensation of their employees upon
o Interpretative which social security contributions of the employees should be
o Contingent (legislative) based.
o Internal (to subordinates)
o Penal (with sanctions) The court held that when an administrative agency promulgates rules and
regulations, it makes new law with the force and effect of a valid law. It is
LEGISLATIVE RULES AND REGULATIONS binding as long as the procedure fixed for promulgation is followed and the
 Have the force and effect of law when issued by virtue of a statutory scope is within the law even if the courts are not in agreement. The circular in
grant. question herein is a mere administrative interpretation of the law. It
 Administrative riles may describe the general discretionary policies to was issued only to apprise those concerned. It did not add any duty or
be followed by the agency. detail that was not already in the law mentioned.
 If it is something more than the opinion, then the rule is legislative.

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 Can, by trial and error, work out specific regulations best calculated to
CONTINGENT RULES AND REGULATIONS achieve the objective.
 Congress may provide that the law shall take effect upon the happening  Certainty of the law is increased
of a future specified contingencies leaving to some other person or  Contingent legislation is a means to block out a policy from coming
body the power to determine when the contingency has arisen. into operation.
ORDINANCE POWER OF THE PRESIDENT REQUISITES FOR VALIDITY OF ADMINISTRATIVE RULES AND
 Issuances of the president: REGULATIONS
o Rules of a general or permanent character in implementation  Issued on the authority of the law
of constitutional or statutory powers in executive orders  Not contrary to the constitution or law
o Particular aspects of governmental operations through  in accordance with the procedure
administrative orders
o Declaration of a status or condition of public moment or Note: In certain cases, notice and hearing or publication may be necessary to
interest through a promulgation satisfy due process.
o Matters administrative in detail through memorandum
orders GRANT OF RULE-MAKING POWERS
o Internal administration matters to agencies or departments  legislative grant
through memorandum circulars  implication of powers expressly granted
o Acts and commands as commander in chief through general
or special orders DETERMINATION OF VALIDITY OF THE RULES
 whether the rule relates to the subject matter on which power to
ADMINISTRATIVE ISSUANCES OF SECRETARIES AND HEADS OF legislate has been delegated
BUREAUS, OFFICES OR AGENCIES  whether the rule conforms to the standards prescribed in the
 Shall be in the form of circulars or orders. delegatory statute
o Circulars – policies, rules, regulations and procedures  whether the rule is invalid on constitutional grounds such as due
pursuant to law applicable to individuals outside the process
government
o Orders – directed to particular officials or employees Note: If interpretative, it should be correctly interpreted and that there be
concerning specific matters including assignments, etc. nothing new added.
 Chronologically numbered
 They shall keep a logbook in which all shall be recorded in TEST OF DETERMINING VALIDITY OF THE RULES
chronological order all official acts.  Invalid if it exceeds authority granted
o It shall be in the custody of the chief administrative officer  Invalid if it conflicts with the governing statute
and open to public for inspection.  Void if it extends or modifies the statute
o The records management and archive offices in the  Void if it has no reasonable relationship to the statutory purpose
general services administration shall provide  Set aside if unreasonable, arbitrary or unconstitutional
assistance.
Philippine Lawyer's Association v. Agrava
SPECIAL ADVANCES OF THE RULE-MAING POWER According to a circular issued by the Director of Patents pursuant to the
 Freed from concern with details Patent Law (which states that he shall have the power to promulgate the
 Additional time to investigate necessary rules and regulations for the conduct of all business in the Patent
 Easier to correct mistakes and meet changing conditions Office), members of the Philippine bar, engineers and other persons with
 Hands are untied from red tape of legislative details sufficient scientific and technical training are qualified to take said
examination. It, in effect, requires members of the Philippine bar in good

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standing to take and pass examinations given by the Patent Office as a all those applying for admission to take the license examinations in
condition precedent to their being allowed to practice before said office. accountancy which prohibits examinees from attending any review class,
briefing, conference or the like conducted by schools, colleges, universities
The court held that the examination required is not authorized by and the like.
any law. It amounts to a requirement to pass an examination on top of
passing the bar exams before they can be allowed to practice before said The court held that the resolution is unreasonable despite its good
patent office. aim. Although their purpose was to preserve the integrity and purity of the
examinations, it cannot be used to conceal constitutional infirmities. On its
Philippine Inter-Island Shipping Association of the Philippines v. face, the resolution is unreasonable. It is unreasonable in that one who is
Court of Appeals caught committing the acts even without any ill motives will be barred from
Executive Order 1088 was issued by Marcos providing for uniform and taking future examinations conducted by the respondent PRC. Also, it is
modified rates for pilotage services rendered to foreign and coastwide difficult to implement in that they cannot possibly keep a watchful eye on
vessels in all private and public ports. It increased the rates of existing every examinee during the 3 days before the examination period. They had
pilotage fees previously fixed by the PPA. However, PPA refused to enforce no authority to dictate on how the examinees should prepare themselves for
it. the exam. They cannot be restrained from taking all the lawful steps needed
to assure the fulfillment of their ambition. It also violates the academic
When UHPAP announced its intention to implement the executive order, in freedom of schools.
effect served as a warning that disciplinary sanctions will be imposed.
However, PPA issued a memorandum which fixed pilotage fees lower than INTERNAL RULES AND REGULATIONS
those provided for by the law.  Such rules and regulation create no relation except between the
superior and subordinate.
The court held that EO 1088 is in the nature of a law and the  They ad administrative in nature and do not pass beyond the
circular issued by the PPA were in the nature of subordinate limits of the department or agency to which they are directed.
legislation in the exercise of delegated power. What determines  Creates no rights against or for third persons.
whether an act is a law or an administrative issuance is not its form but its
nature. As a valid statute, PPA is duty bound to comply with the provisions. It Olsen and Co. v. Herstein and Rafferty
may increase the rates, but it may not decrease them below those mandated Under the provisions of the Tariff Act of 1913 in the US, certain products
by the executive order. Much less could the PPA abrogate the rates fixed and from the Philippines were admitted in their country duty-free. For this
leave the fixing of the rates for pilotage services to the contracting parties as reason, Governor General issued an executive order requiring the adoption
it did. by the Insular Collector of Customs and CIR of such rules and regulations
which will ensure that the government of the US will not be defrauded by a
Philippine exposure who may attempt to introduce to the US articles which
REQUIREMENT OF REASONABLENESS are not products of the Philippines.
 Must bear reasonable relation to the purpose sought to be
accomplished. Invalid if otherwise. The order herein is nothing more or less than a command from a
 Must be supported by good reasons superior to an inferior. Disobedience to or deviation from such an order
 Free from constitutional infirmities or charge of arbitrariness can be punished only by the power to which issued it and if that power fails to
administer the corrective, then the disobedience goes unpunished. Since it is
Note: a liberal interpretation of the rules and regulations of an an internal rule, it is beyond the court's power.
administrative agency is justified in cases where their rigid enforcement will
result in a deprivation of legal rights. PENAL RULES AND REGULATIONS
 They may impose penal sanctions if there is a law granting such
Lupangco v. Court of Appeals authority to them.
PRC issued a resolution as part of its additional instructions to examinees to

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o the law itself must provide for the penalty to be prescribing the suitable rules for the conduct of the examination. Under the
imposed act, it is essential that the examinee shall have no criminal record. T signed
o fix or define the penalty under oath the application form prescribed by the examination and he
o punishable or made a crime under the law itself swore to the facts therein. Hence, he is being prosecuted for perjury.
o must be published in the Official Gazette
 The Administrative Code requires that every rule establishing or He may still be prosecuted since the affidavit was authorized or
defining an act which is punishable as a crime or subject to a penalty required by law and that he knew his answer was false.
shall be published in full txt.
 The lawmaking body cannot delegate to an agency the power to declare People v. Santos
what acts shall constitute a criminal offense and how it shall be S is being charged with violation of Section 28 of the Administrative Order
punished. Prescribing penalties is a legislative function. issued by the secretary of agriculture pursuant to Act 4003 in that he
willfully had his boat operated by his fisherman and ordered them to fish,
People v. Maceren loiter and anchor without permission from the Secretary of Agriculture.
The Secretary of Agriculture and Natural Resources issued an order which However, Act 4003 contains no similar provision prohibiting boars not
restricted the ban against electro fishing to fresh water fisheries pursuant to subject to license from fishing within 3 km of the shoreline of islands and
the fisheries law which punishes: 1) use of obnoxious circumstance; 2) reservations without the permission of the secretary.
unlawful fishing in deep sea; 3) unlawful taking of marine mollusks; 4)
illegal taking of sponges; 5) failure to report the kind and quantity of fish The court held that the provisions in the order is invalid for the
caught and other violations. provisions in the conditional clause is not contained in the law.
Such is an exercise of legislative power which he does not have and therefore,
The court held that the order is invalid for the power to declare such clause is null and void.
what constitutes as a criminal offense cannot be delegated. There is
nothing in the law which punishes such act. The lawmaking body cannot People v. Que Po Lay
delegate to an executive official the power to declare what acts should Appellant was in possession of foreign exchange and failed to sell them to
constitute as a criminal offense. An agency can have only the power expressly the Central bank within one day following the receipt of such foreign
or by necessary implication conferred upon it. exchange as required by Circular 20 in connection with RA 265. He
contends that such circular was not published in the gazette hence, it had no
US v. Panlilio force and effect.
Act 1760 provide penalty for violation of acts relating to quarantining
animals suffering from dangerous or contagious diseases. In this case, in The circular is without force and effect since it was not published
spite of the owner's knowledge of the order declaring his carabaos to be in the Official Gazette as required for their effectivity. The
subject to quarantine for rinderpest, he drove them from place to place in Administrative Code requires that statutes passed by congress shall in the
his hacienda and used them in a manner as if they had not been absence of any special provision, take effect at the beginning of the 15th day
quarantined. after the completion of the publication in the OG. Circular 20, being a issued
for the implementation of the law according to its issuance, has the force and
The act only penalized violation of its provisions and not those effect of law according to settled jurisprudence. Since the public is bound by
rules and regulations issued by the Bureau thereunder. The orders its contents, it must first be published and the people officially and specially,
are not statutes and violation of such orders is not a penal offense unless the must be informed of its contents and penalties.
statute itself somewhere makes violation thereof unlawful and penalizes it.
LEGAL FORCE AND EFFECT OF ADMINISTRATIVE RULES AND
US v. Tupasi Molina REGULATIONS
Act 2169 provides for an examining board for the municipal office and  Legislative rules: It has the force and effect of law and are, just as
provides that, subject to the approval of the Secretary of Commerce, the binding upon all the parties, as if they had been written in the original
director of the constabulary shall prepare an examination manual law itself.

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 Interpretative rules: their validity is subject to challenges in court,
but is entitled to great weight and consideration by the courts. AMENDMENT OR REPEAL OF ADMINISTRATIVE RULES AND
o It is not conclusive and will be ignored if found to be erroneous REGULAITIONS
or in conflict with the letter of the governing statute or the  An agency has the authority to change, alter, amend, or correct the
constitution and other laws. rules and regulations duly promulgated by it, and the fact that it has
o It is important only when the statute itself is ambiguous. been amended does not make it unreasonable.
 Rules of procedure within an agency: are binding on both agency o The change must be made in accordance with the procedural
and respondent parties. requirements
o An agency has no jurisdiction to act unless proper application o Not a retroactive change
is made within the time prescribed by agency rules. o Not bound by the rule of res judicata
o Courts are competent to deter an agency's own interpretation o Parties may voluntarily waive compliance with procedural
of procedural rules when justice so requires. rules (founded on acts as well as verbal declarations).
o Void if they are in conflict with the law.
Hilado v. Collector of Internal Revenue
PRINCIPLES OF ADMINISTRATIVE CONSTRUCTION H filed his income tax return and declared a deductible pursuant to a
 Generally, are also subject to the same principles of construction as circular issued by the Secretary of Finance. However, this was subsequently
applied to the construction of statutes. amended and such deductible was disallowed as a deduction from his gross
o Intention is controlling income.
o Give a construction that will sustain validity
o Penal provisions are to be given a strict construction, but not The court held that the secretary of finance acted within his
contrary to intention authority. A regulation that is merely an interpretation of the statute when
o If involving public administrative agency, there should be a once determined to have been erroneous becomes a nullity. No vested or
strict construction against it. Any ambiguities will be resolved acquired rights can arise from acts or omissions which are against the law or
in favor of the adversary. which infringe upon the rights of others.
o Construed liberally, in general.
Ollada v. Secretary of Finance
EFFECT OF RELIANCE ON RULES Under the National Internal Revenue Code, all corporations and companies
 A person who relies in good faith on agency rule should be harmless whose gross quarterly sales do not exceed 5000 are required to keep a
from loss if that rule is later held invalid or is amended. simplified set of bookkeeping records duly authorized by the secretary. The
o Erroneous interpretations are a nullity and no vested rights secretary amended the rules by requiring the records to be specially
arise since the agency's only power is to rules that would carry designed for each class or kind of trade and prepared by a CPA.
effect the statutory intent.
o Protection is accorded to parties who had relied on an The court held that the resolution is not unreasonable or arbitrary
administrative rule that was subsequently amended or and that regulations issued are subject to amendment or
repealed. The new rule is to be applied prospectively, not in revocation by successors.
retrospect.
Fortich v. Corona
RETROACTIVE OPERATION OF RULES, REGULATIONS AND In a decision, the SC struck down as void the act of the Office of the
RULINGS President in reopening the case through the issuance of the win-win
 Ordinarily, the power to give the rules a retroactive effect is present, resolution which substantially modified its previous decision that had long
provided that doing so does not conflict with the restrictions on the become final and executory, being in gross disregard of the rules and basic
legislative power to make retroactive laws. legal concept that accord finality to administrative determinations.
o Not applied if unreasonable, inequitable, and contrary to the
intention. Procedural rules should be treated with utmost respect and due

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regard since they are designed to facilitate the adjudication of  Furnish one copy to the office of the president, congress, all appellate
cases to remedy the worsening problem of delay in the resolution courts and the national library.
of rival claims and in the administration of justice. The late filing of  An agency shall, as far as practicable, publish or circulate notices
the DAR of the motion for reconsideration cannot be excused in this case of proposed rules and afford interested parties the
since they have not shown a reason for a relaxation of the rules. Hence, the opportunity to submit their views prior to the adoption of any
final and executory character of the OP decision can no longer be rule.
disturbed. Res judicata has set in.  In fixing rates, no rule or final order shall be valid unless the proposed
rates shall be published in a newspaper of general circulation at least 2
Decisions/resolutions/orders of an administrative body which is declared to weeks before the first hearing thereon.
be void on the ground that the same was rendered without or in excess of  Rules on contested cases shall be observed.
jurisdiction or with grave abuse of discretion is by no means a mere
technicality of law or procedure. When OP decision became final and REQUIREMENTS OF NOTICE AND HEARING OR PUBLICATION
executory, vested rights were acquired by the petitioners. Hence, it  Prior notice to and hearing of every affected party is not required since
is no longer a question of technicality, but that of substance and there is no determination of past events or facts to have to be
merit. established or ascertained.
 When a function which is legislative in nature is delegated, the
Separate Opinion: legislature need not require a notice or hearing as a prerequisite to the
By suspending the 15 day period for filing a motion for reconsideration and act of the agency, since the legislature could itself have performed that
reopening the decision, the president clearly exercised his control over an act without notice or hearing particularly where the riles are of general
alter ego within the framework of a constitutional and presidential system of application, procedural, or interpretations.
governance. Under exceptional circumstances, the court has suspended the  When such rules or rates apply to a particular party and are
rules to prevent a miscarriage of justice. In this case, there is no reason to predicated upon a finding of fact which is denied by said
withhold the power to suspend the rules from the president and grant it alone party, the agency making such finding of fact, performs a
to the other branches of the government. function partaking of a quasi-judicial nature that valid
exercise demands a previous notice and hearing to satisfy
FORMAL REQUIREMENTS ON THE PROMULGATION OF RULES the requirements of due process.
AND REGULATIONS  Publication is required as a condition precedent to the effectivity of a
 Every agency shall file with the University of the Philippines, 3 law to inform the public of the contents of the law or rules and
certified copies of every rule adopted by it. regulations before their rights and interests are affected by the same.
o A permanent register of the rules shall be kept and open to Prior publication cannot be dispensed with for the reason that such
public inspection. omission would offend due process.
 The rule shall be effective 15 days from the filing unless a different date o Publication must be in full or it is no publication at all.
is fixed by law or specified in the rule in cases of imminent danger to  Interpretative and internal regulations do not require publication.
health, safety and welfare, the existence of which must be expressed in
a statement accompanying the rule. Eastern Shipping Lines v. Court of Appeals
 UP Law Center shall publish a monthly bulletin setting forth the text of Petitioner assails the constitutionality of EO1088 which fixes the fees for
rules filed with it. pilotage services on the ground that its interpretation and application is left
o Keep a complete index and tables and up to date codification to private persons and that it constituted undue delegation of powers.
 They may omit from the bulletin any rule if the publication would be The order is valid. PPA is duty bound to comply with the provisions of said
unduly cumbersome, expensive or otherwise inexpedient but copies order. PPA may increase rates but may not decrease them below those
of the rule shall be made available to on application to the mandated by EO1088.
agency which adopted it and the bulletin shall contain a
notice stating the general subject matter of the omitted rule.

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Adjudicatory Powers companion recognition that the dockets of our regular courts are
GENERALLY clogged.
 Describes the powers and functions which involve the decision or  Normally defined in the enabling act of the agency.
determination by administrative agencies of the rights, duties, o It depends largely on the provisions of the statute. It is never
obligations of specific individuals and persons, as contrasted with implied.
powers of administrative agencies which involve decisions or  Split jurisdiction is not favored. All controversies relating to the
determinations in the broadest sense, involve persons generally rather subject matter pertaining to its specialization are deemed to be
than specially and usually operate prospectively. included within its jurisdiction.
 Not all determinations by an agency are judicial in nature or quasi-  When there is nothing in the law that would suggest that a particular
judicial. power has been granted, such as the power to decide contractual
 It is the power to hear and determine or to ascertain facts and disputes, the same cannot be exercised. A public official must locate in
decide by the application of rules to ascertained facts. They the statute relied upon, a grant of power before he can exercise it.
are enabled to interpret and apply not only implementing rules and  A court cannot compel an agency to do a particular act or to enjoin
regulations promulgated by them, but also the laws entrusted to their such act which is within the latter's prerogative, except when in the
administration. exercise of its authority, it gravely abuses or exceeds its jurisdiction.
 Exercise of such power must be accompanied with certain formalities
and safeguards characteristic of the judicial process. Philex Mining v. Zaldivia
o Agencies, though, are not considered courts. The Director of Mines dismissed an adverse claim filed by Philex Mining on
the ground that when S located a mining claim, he was the general
Judicial Power Quasi-judicial Power manager of Philex and he was still so when he transferred the claim to Y
Power to hear, try and determine all who was then also an employee of Philex. Hence, both merely acted as
sorts of cases at law and equity which agents of Philex. The dismissal was due to lack of jurisdiction since the issue
are brought before the courts. It is is judicial in character.
the authority to make final of what
the law is and adjudicate the The director has no jurisdiction in this case. There is no question of
respective legal rights or liabilities of fact nor matters requiring technological knowledge and experience. The issue
the contending parties with respect is reserved in conforming with legal rules and standards governing the power
to the matter in controversy. of an agent. The adverse claim here arises from the alleged fiduciary or
Duty is primarily to decide questions Where the function of the agency is contractual relationship between the petitioner and locator of the mine. This
of legal rights between parties with primarily administrative and the is not a mining conflict and it is immaterial whether the mining claim in
respect to the matter in controversy, power to hear and determine question has or has not passed out of the administrative control of the
such being the primary duty and not controversies is granted as an Director of Mines.
merely incidental to regulation or incident to the administrative duty
some other function. Antipolo Realty v. NHA
For failure of AR corporation to develop a subdivision project, Y stopped
There is freedom of action or monthly installment payments as permitted by their contract. AR rescinded
independence and the absence the contract and forfeited all payments made by Y who brought the dispute
of control or coercive influence. to NHA.
EXTENT OF JUDICIAL OR QUASI-JUDICIAL POWERS OF NHA was legally empowered to decide on the matter at issue by
ADMINISTRATIVE AGENCIES virtue of PD 957. It has the authority to decide cases of claims involving
 Their jurisdiction is limited because the need for special competence refund and any other claims filed by the subdivision lot unit buyer against the
and experience has been recognized as essential in the resolution of project owner and cases involving specific performance of contractual and
questions of complex or specialized character and because of the statutory obligations filed by the buyers of subdivision lots against the owner.

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Note: Regulatory or rule-making powers may, in certain instances, merge
into determinative, or adjunctive powers.
Guerzon v. Court of Appeals Generally, prior notice and hearing The determination of facts and the
G and PSP entered into a Service Station Lease for the use and operation of are not essential to govern future applicable law as the basis for the
respondent's properties and equipment for 5 years. When it was about to conduct since there is no exercise of judicial discretion are
expire, PSP informed G that the contract was no longer going to be determination of past events or facts essential.
renewed. G refused to vacate the premises. BEU then issued an order to that have to be established or Due process requirements are to be
vacate pursuant to a presidential decree which confers upon the BEU to ascertained. observed.
impose of collect fine for every violation of the its orders, decisions, rules or
regulations. NATURE OF PARTICULAR ACTS
BEU has no authority to issue such order. The order merely makes a Licensing,  Administrative or quasi-judicial
vague reference to a violation of BEU laws without stating the specific enabling or  Dependent upon the ascertainment of facts by the
provision of law violated. BEU, moreover, has no power to issue the order to approving administrative agency.
vacate since it is only empowered to impose a fine and order the suspension  If it depends upon the ascertainment of the
of the operations of the establishment. existence of certain past or present facts upon which
a decision is to be made and the rights and liabilities
Furthermore, BEU has no power to decide contractual disputes between to be determined, it is quasi-judicial.
gasoline dealers and oil companies in the absence of express provision of law Fixing  Legislative or quasi-judicial
granting such power. The BEU's jurisdiction is limited to cases of violation Rates and  If legislative, giving of prior notice and hearing is not
and non-compliance with any term or condition of any certificate, license, Charges required.
permit issued by it or of any of its orders, decisions, rules or regulations.  If quasi-judicial, prior notice are essential to the
validity of such rates.
Investigative Adjudicative
Purpose is to discover, find out, To settle in the exercise of judicial Note: May be empowered by law to approve provisionally,
learn, or obtain information. It does authority. It implies a judicial when demanded by urgent public need, rates of public
not include the power to decide or determination of a fact and the entry utilities without a hearing.
resolve a controversy involved in the of a judgment.  The rate must be non-confiscatory and established
facts inquired into by application of in the manner provided by the legislature.
the law to the facts established by the  Must not be so low as to be confiscatory or too high
inquiry. as to be oppressive.
Acts which  auditing accounts of a receiver of public moneys
Legislative or Rule-Making Adjudicative are not  determinations of CSC in classification and grading
Resembles a legislature's enactment Declares and enforces liabilities as judicial positions
of statutes. It looks into the future they stand or present or past facts  passing upon a petition to call an election
and changes existing conditions by and under laws supposed to exist.  draft boards
making a new rule to be applied  ascertaining correctness of a tax return
thereafter  parole of prisoners
 transfer of prisoners
 preliminary finding of probable cause
Lays down the general regulations Applies to named persons or to  initial determination as public nuisance
that apply to or affect classes of specific situations  closing and taking charge of banks found to be
persons or situations insolvent

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 violation of terms of collective bargaining agreement NON-DELEGATION OF LEGISLATIVE POWER
 issuance of warrant of distraint in tax cases  The application of such usually arises to the grant of powers pertaining
 deportation of an alien to lawmaking because of many instances when their delegation is
made.
CLASSIFICATION OF ADJUDICATORY POWERS  The general rule is that congress may not delegate to
 enabling powers – grants of denial of permits administrative agencies the legislative powers vested in it
 directing powers – corrective powers of public utility commissions, except when authorized by the Constitution.
definition-valuation, classification, fact finding o An unconstitutional delegation of legislative power is not
 dispensing powers – authority to exempt from or relax a general brought within the limits of permissible delegation by the
prohibition or authority to relieve from an affirmative duty establishment of procedural safeguards, the right to judicial
o licensing power = sets a standard; dispensing power = review, or by the assumption that the officer acts and will act
sanctions a deviation from a standard for the public good.
 summary powers – designate administrative power to apply
compulsion or force against a person or property to effectuate a legal DOCTRINE OF NON-DELEGATION IS NOT ABSOLUTE
purpose without a judicial warrant to authorize such action  It does not preclude a certain degree of admixture of the 3
 equitable powers – power to determine the law upon a particular powers of government in administrative agencies.
state of facts has the right to, and must, consider and make proper  Administrative law is a separate category of law.
application of the rules of equity. o There are questions beyond the determination of the
legislature and which must necessarily be left to the
Chapter IV – Separation of Administrative and Other Powers determination of executive or administrative agencies and the
DOCTRINE OF SEPARATION OF POWERS legislature may authorize others to do those things which
 It obtains not through express provision but by actual division in our might properly, yet cannot understandingly or advantageously,
Constitution. do itself. The rule is one of necessity.
 It is divided among the 3 departments of the government – the o Agencies can deal with the problems with more expertise
legislative, executive and judicial. and dispatch than can be expected from the legislature or
 It does not mean an entire and complete separation of powers or the courts of justice.
functions, which would be impracticable if not impossible. It means a  Requisites of delegation
certain degree of blending or admixture, particularly in o Completeness of the statute
administrative agencies. o Presence of a sufficient standard
 The powers exercised by one should not be exercised by either of the
other departments, and that no department ought to possess, directly
or indirectly, an overruling influence or control over the others. Eastern Shipping Lines v. POEA
KS was awarded with a sum of money by the POEA for the death of her
DOCTRINE OF NON-DELEGATION OF POWERS husband pursuant to a memorandum circular it issued as a standard
 It prohibits the legislative power and the vesting of judicial officers contract to be adapted by shipping companies in the hiring of Filipino
with non-judicial functions. seamen pursuant to EO 797 which authorizes the POEA to "protect Filipino
 What has been delegated can no longer be delegated again seamen's rights to fair and equitable employment" and was given the
 It constitutes not only a right but a duty on the part of the delegate by authority "to make necessary rules and regulations to govern the exercise of
the instrumentality of his own judgment acting immediately upon the its adjudicatory functions"
matter and not through the intervening mind of another. To do
otherwise would be a negation of the duty in violation of the trust The court held that the principle of non-delegation of legislative
reposed in the delegate mandated to discharge directly. power was not violated because the authority is clearly and
expressly espoused in the Executive Order. Delegation is the rule and
non-delegation is the exception. Agencies may implement broad policies laid

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down in a statute by filling in the details which the Congress may not have  The completeness test must be adhered to. The statute must be
the opportunity or competence to provide. complete in itself so that by appropriate judicial review and control,
any action taken pursuant to the delegate authority may be kept within
The power granted to POEA in requiring the model contract is not unlimited the defined limits of the authority conferred.
as there is a sufficient standard guiding the delegate in the exercise of the o It is stated in such a way that when it reaches the
authority. It is discoverable in the executive order and it mandates the POEA delegate, the only thing he will have to do is to enforce
to protect the rights of Filipino overseas workers to fair and equitable it.
employment practices. o It is sufficient if it enables the person to know his rights
and obligations thereunder.
 Non-delegation does not apply when permitted by the constitution and
DELEGATION TO ADMINISTRATIVE AGENCIES in case of delegation to local governments.
 They do not have the legislative power and judicial power in the strict
sense. However, limited power may be conferred to carry out the
legislative purpose. US v. Ang Tang
 Those that are purely legislative cannot be delegated, not Act No. 2868 was promulgated by the legislature and authorized the
those merely incidental to some administrative powers. governor general to issue and promulgate temporary rules and emergency
 The legislature may not delegate the determination of what the law measures for carrying out the purpose of regulating and distributing the
shall be, to whom it may be applied, or what acts are necessary to effect sales of palay, rice and corn. For violations of rules promulgated by the
it. What can be delegated is the discretion to determine HOW governor general, a fine or imprisonment was to be imposed. Hence, the
the law will be enforced. governor general issued a fixed price of rice and penalizing violation
 It may delegate the power to make findings of fact. thereof.
 The legislature must declare a policy and fix a standard in
enacting a statute but the agency must be authorized to "fill in The court held that by its very terms, the temporary rules and
the details" measures is left to the discretion of the governor general which
o When the legislature laid down the fundamentals of a law, it amounts to undue delegation of legislative power. They did not
may delegate to administrative agencies the authority to undertake to specify or define under what conditions the governor general
exercise such legislative power as necessary to carry into effect may issue proclamations, does not specify or define the extraordinary
the general legislative purpose. increase in the prices of palay, rice and corn, and does not state how long
o The possibility that it may be exercised in an arbitrary manner such temporary measure was going to be.
in defiance of the policy and standard is not a ground for the
objection to the delegation. Moreover, the law states that it is the violation of the proclamation of the
 There must be adequate guidelines or limitations in the law governor general which is punishable. The governor general cannot,
to map out the boundaries of the delegate authority and determine what act shall constitute a crime or not.
prevent the delegation from running riot.
 It is not necessary that there be a formula. The modern tendency is
to be more liberal in permitting grants of discretion to
agencies. Compania General de Tabacos de Filipinas v. BPUC
 The standard to guide agencies is either express or implied. An order was issued by the BPUC requiring a filing of a detailed report of
o It need not be spelled out specifically. It could be implied from finances and operations in the form set forth in the petition board by virtue
the policy and purpose of the statute. of the law empowering it to, after hearing upon notice, by order in writing,
 In delegating a rate fixing power, the only standard is that the to require every public utility detailed reports"
rate is reasonable and just. Absent an express requirement as to
reasonableness, it is implied. The court held that the BPUC has no authority to issue such order
since it is clear that the statute does not authorizes it to do so. The

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provision does not declare or set out or indicate the information the state Alegre v. Collector of Customs
requires, what is valuable to it, what it needs in order for it to impose correct The administrative Code provides that the Fiber Standardization Board
and just taxation, supervision or control or the facts which the state must shall determine the official standards for the various commercial grades of
have in order to deal justly and equitably with such public utilities and to Philippine fibers that may hereafter be produced in the country for
require them to deal justly and equitably with the State. shipment abroad. It provides that no fiber shall be exported greater than
the amount sufficient to make one bale, without being graded, baled,
inspected and certified as this law provided.
People v. Vera The court held that this is a valid statute. There is no undue delegation
The probation act was promulgated which provides that it shall be of legislative power. It is nothing more than a delegation of administrative
applicable only to those provinces in which the respective provincial boards power in the Fiber Board to carry out the purpose and intent of the law. The
have provided for the salary of a probation officer at the rates not lower legislature itself could not be expected to do the baling, inspecting, itself. The
than those now provided for provincial fiscals. Said officers shall be power to do that would have to be vested in a board or commission.
appointed by the Secretary of Justice and shall be subject to the direction of
the Probation Office.
Edu v. Ericta
The court held that the act does not contain definite standards Administrative Order No 2 is issued by the Land Transportation
thus void. It does not lay down any rule or definite standard by which the Commission, otherwise known as the Reflector Law, which requires that all
officer or board may be guided in the exercise of the discretionary powers vehicles shall not be registered if not equipped with reflectors. The enabling
granted to it. In reality, the act leaves the matters for the various provincial law provides for such authority and further indicates the luminosity
boards to determine for themselves whether the probation law shall apply to intensity, section of dimensions, placement and color of the reflectors to be
their provinces or not at all. All it has to do is decline to appropriate the imposed.
needed amount for the salary of the officer. The time of its taking effect
would be based solely upon the will of the provincial boards and not upon the The court ruled that this is a valid delegation. In the law, it is clear
happening of a certain specified contingency or upon the ascertainment of that the objective is public safety. Such standard may be express or
certain facts or conditions by a person or a body other than the legislature. implied. The court finds it impractible to require that the legislature
anticipate and provide for multifarious and complex situations that may be
met in carrying out the law.
Pelaez v. Auditor General

Executive Order 33 was promulgated by virtue of the Revised Echegaray v. Secretary of Justice
Administrative Code which empowers the president by EO to create The petitioner herein assails the constitutionality of the lethal injection law
municipal corporations. for being in violation of the doctrine of non-delegation of legislative powers.
The court ruled that it is an undue delegation of legislative power
since the authority to create municipal corporations is legislative The court held that the law is valid, but declared certain
in nature. The code does not meet the requirements for a valid delegation of implementing rules and regulations promulgated by the Bureau
the powers to fix the details in the enforcement of a law. It does not enunciate invalid for being in violation of such principle. Such principle admits
the policy to be carried out in implementing it. It only uses the word "public certain exceptions found in the constitution: 1) delegation of tariff powers to
interest" as a measure and it is obvious that such is not a standard which the president; 2) delegation of emergency powers to the president; 3)
meets the requirements settled in jurisprudence for there would be no more delegation to the people at large; 4) delegation to local governments; 5)
limit for the President to do anything which, in his opinion may be required delegation to administrative bodies.
by the public welfare or public interest.
The Lethal Injection law, which changes the mode of carrying out the death
penalty, sufficiently describes what job must be done, who is to do it and

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what is the scope of his authority. It provides standards and specifies the
public agency which will apply it.
Rubi v. Provincial Board of Mindoro
The manual required to be prepared by the director under Section 19 of the The Philippine Legislature enacted Section 2145 of the Administrative Code
implementing rules is a veritable vacuum for it abdicates the power to which gives the provincial governor and the provincial board the
promulgate the manual n the execution procedure to the Director by not discretionary authority as to the execution of the law by using the words
providing for a mode of review and approval thereof. Such renders the "necessary in the interest of law and order" in the statute.
paragraph invalid. Moreover, the requirement of confidentiality of said
manuals even with respect to the convict makes it unduly suppressive. The The court held that discretion may be committed by the legislature
contents of the manuals are matters of public concern. to an executive department or official. Who, but the provincial
governor and the provincial board as the official representatives of the
The rules also adds and provides for the suspension of the implementation of province, are better qualified to judge when such a course is deemed
the death penalty while a woman is pregnant or within 3 years after delivery unnecessary in the interest of law and order. Who but they are fitted to select
when clearly, the RPC only provides for a one year reprieve. This is sites which have the conditions most favorable for improving the people who
tantamount to gender based discrimination sans statutory basis and finds no have the misfortune of being in a backward state.
support form the RPC.
Dissent:
 The law is void since it clearly authorizes 2 authorities to implement People v. Rosenthal and Osmeña
its provisions – the Justice Secretary and the Director of the Bureau The Blue Sky Law was enacted by Congress which requires every person,
of Customs. It can easily spawn legal absurdities and incongruities. partnership or corporation to obtain a certificate or permit from the Insular
The legislative choice is as important as the standard to which Treasurer before offering for sale to the public speculative securities. The
should guide the delegate in making the rules. treasurer was empowered to cancel or revoke a certificate or permit
 It gives the director the power to determine the sequence of events previously issued by him. The petitioners assail the constitutionality of the
before and after the execution which is the most significant aspect of act on the ground that there is no standard fixed for the determination on
the execution process and worse, it ordered that the manual whether or not to grant a certificate or permit.
governing such details shall be confidential and its distribution shall
be limited to prison personnel. The manual denies a convict of the The court held that there is a sufficient standard provided. The act
right to know how he will die. specifically provides that the person, partnership or corporation
applying therefore must comply with the provisions of the act
SUFFICIENCY OF STANDARDS before a permit can be issued. Which only means that the permit shall
 It depends upon the nature of the power exercised and the nature of be issued when the provisions in the enabling law is complied with.
the right restricted by such power. It also depends upon whether or not
the proper regulation or control requires the vesting of such discretion. On the other hand, the authority to cancel a permit was conditioned upon a
 Detailed standards are not required especially in regulatory finding that such cancellation is in the interest of the public. Such
enactments under the police power. The legislature is not standard has been deemed sufficient by the courts and the term is without a
required to provide such a standard as confers the least amount of settled meaning.
discretion, detailed standards in precise and unvarying forms would be
wholly unrealistic and more arbitrary than a general indefinite one. Cervates v. Auditor General
 The personal judgment of the agency, where unrestrained, is not a The Government Enterprises Council was created by the president under an
standard or a sufficient standard. Even where broad standards executive order pursuant to RA No. 51 which authorizes the president to
are laid down, but the statute expressly adds in the words "in the effect reforms and changes in GOCCs for the purpose of simplicity, economy
opinion" of the agency, or expressly confers policy-making and efficiency in their operation. The petitioners contend that this is an
power upon the agency, it is not a standard. undue delegation of power.

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The court held that there is a substantial standard laid down. It Philippine Association of Colleges and Universities v. Secretary
actually lays down a standard policy that the purpose shall be to meet the of Education
exigencies attendant upon the establishment of the free and independent Act No. 2706 was promulgated authorizing the Secretary of Public
government of the Philippines and to promote simplicity, economy and Instruction to maintain a general standard of efficiency in all private
efficiency in their operation. The standard was fixed. schools and colleges of the Philippines. It shall also have the authority to
inspect and regulate all said schools and colleges in order to determine the
efficiency of instruction given in the same.
Mutual Film Co v. Industrial Commission of Ohio Petitioners herein assert that the law leaves everything to the uncontrolled
Section 3 of the enabling law herein authorizes the board to examine and discretion of the Secretary or his department to determine what constitutes
censor motion picture film to be publicly exhibited and displayed in the a general standard of efficiency and what statement of conditions, acts or
state. It states that "only such films as are in the judgment and discretion of factors must be taken into account to determine the efficiency of instruction.
the board of censors, of a moral, educational or amusing and harmless
character shall be passed and approved. It is clear that the sections empower the secretary to prescribe
rules fixing the minimum standards of adequate and efficient
The court held that there is no undue delegation of legislative instruction to be observed by all schools and colleges as may be
powers herein since the statute provides provisions against permitted to operate. The secretary has fixed standards as shown by the
various judgments and its terms, like other terms, get precision memoranda fixing or revising the curricula, the calendars, entrance and final
from the sense and experience of men and become certain and examinations, admission and accreditation, etc. and the system of private
useful guides in reasoning and conduct. The exact specification of the education has been in operation for 37 years. The legislature can validly rely
instance to their application would be as impossible as the attempt would be on the education, experience and training of those in charge of the
futile. Upon such sense and experience, therefore, the law properly relies. department to ascertain and formulate minimum requirements for adequate
instruction as the basis of government recognition of any private school.
People v. Jollife
RA 265 conferred upon the Monetary Board and the President the power to Balbuena v. Secretary of Education
subject to licensing all transactions in gold and foreign exchange in order to RA 1265 requires all educational institutions to observe daily flag
protect the international reserve of the Central Bank during an exchange ceremonies and it authorized the secretary of education to issue rules and
crisis and to give the Board and the government the time in which to take regulations on the proper conduct of flag ceremony.
constructive measures to combat such crisis. The Board was authorized to
take such remedial measures as are appropriate to protect the international That the legislature did not specify the details of the flag ceremony
stability of the peso, when in the opinion of the Board, the international is no objection to the validity of the statute for all that is required
reserve is falling and are contrary to national welfare. is the laying down of standard and policy that will limit the
discretion of the regulatory agency. To require a standard in detail
The standards provided for in the RA are sufficiently concrete and would be to destroy the administrative flexibility that the delegation is
definite to vest authority to fill in the administrative details in the intended to achieve.
enforcement of the law and to place the grant to said authority
beyond the category of undue delegation. It sufficiently marks the field
within which the board is to act so that it may be known whether he has kept
within it in compliance with the legislative will. International Hardwood and Veneer Co v. Pangil Federation
Labor
CA No. 103 is held to empower the court of Industrial Relations to determine

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minimum wages in connection with an industrial dispute. The petitioners Oil Industry through EO 392 (taking into consideration the depletion of the
contend that the act does not indicate in what manner and by what OPSF Fund). Its validity is being assailed on the ground that it does not
standards or in accordance with what rules the court shall determine the provide for a determinate or determinable standard to guide the executive
amount of minimum wage. The wording of the law was that the court shall branch in determining whether to implement the full deregulation phase.
act according to "justice and equity: and substantial merits to the case
without regard to technicalities or legal form. The court upheld the validity of the enabling law, but struck down
EO 392 as the full deregulation phase was based on the depletion
The court held that the words Justice and equity can be regarded of the OPSF Fund. The law did not mention the depletion of the OPSF as a
as sufficient standards and it does not infringe on the doctrine of factor to be given weight by the executive before ordering full deregulation.
separation of powers of the state. As such, the executive rewrote the standards set forth in the RA. The
executive is bereft of any right to alter either by subtraction or addition to the
standards in RA for it has no power to make laws.
Eastern Shipping Lines v. POEA

KS was awarded with a sum of money by the POEA for the death of her RESTRICTION OF GRANT OF JUDICIAL POWER
husband pursuant to a memorandum circular it issued as a standard  Sine the legislature cannot exercise judicial function, it certainly is
contract to be adapted by shipping companies in the hiring of Filipino precluded fro delegating the exercise of judicial functions to
seamen pursuant to EO 797 which authorizes the POEA to "protect Filipino administrative agencies or officers. However, it does not follow
seamen's rights to fair and equitable employment" and was given the that it may not perform functions which are in their nature,
authority "to make necessary rules and regulations to govern the exercise of judicial and possess and exercise quasi-judicial powers.
its adjudicatory functions"  Some judicial powers may be conferred upon and exercised by
administrative agencies without violating constitutional provisions
The court held that the principle of non-delegation of legislative inhibiting the delegation of judicial power.
power was not violated because the authority is clearly and  A restricted or limited judicial power to what is incidental and
expressly espoused in the Executive Order. Delegation is the rule and reasonably necessary to the proper and efficient administration of the
non-delegation is the exception. Agencies may implement broad policies laid statutes are committed to them for administration.
down in a statute by filling in the details which the Congress may not have
the opportunity or competence to provide.
Lovina v. Moreno
The power granted to POEA in requiring the model contract is not unlimited The Secretary of Public Works and Communications caused the removal of
as there is a sufficient standard guiding the delegate in the exercise of the certain dams and dikes in a fishpond owned by L in the municipality of
authority. It is discoverable in the executive order and it mandates the POEA Macabebe, Province of Pampanga. After notice and hearing to the parties,
to protect the rights of Filipino overseas workers to fair and equitable the secretary found the constructions to be a public nuisance in navigable
employment practices. waters and ordered the spouses L to remove closures of Sapang Bulati. They
now allege that this provides the secretary the unrestrained, final and
unappealable authority to pass upon the issues whether a river or stream is
publicly navigable, whether a dam encroaches upon such waters and is
Tatad v. Secretary of Energy constitutive as a public nuisance and whether the law applies to the state of
Act No. 8180 or the Oil Deregulation Law states that the oil industry will be facts.
subject to the monitoring of the Department of Energy. The deregulation
phase was divided into the transition phase and full deregulation phase (on The court held that the RA merely empowers the secretary to
the condition that prices of crude oil are declining and at the time when the remove unauthorized obstructions or encroachments upon
exchange rate of the peso in relation to the US dollar is stable). On Feb 8, streams, constructions that no private person was anyway,
1997, the president implemented the full deregulation of the Downstream entitled to make because the bed of navigable streams is public

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property and ownership thereof is not acquirable by adverse LAW WHERE STANDARD MAY BE EXPRESSED OR CONTAINED
possession. Although it is true that some extent of discretion is still  It may be prescribed in the law itself.
exercised, these functions are merely incidental to the exercise of the o It may be found within the framework of the statute under
power granted by law to clear the rivers and authorities are clear that which the act is to be performed, or may inhere in its subject
they are validly conferrable upon executive officials provided the party matter or purpose.
affected is given the opportunity to be heard.  Standard may be found in other sources
o It may be found in other pertinent legislation or an executive
The law authorized the removal of public nuisances, which, according to the order or in the field of law.
laws, require notice and hearing. It is noteworthy that the law authorizes the o A standard set in one section of a statute may be held to
removal of unauthorized dikes either as public nuisances or as prohibited provide the guide for exercise of power under another section.
constructions and those to appellees clearly are in the latter class. o The standard of common sense and experience of the
members of a film censor board was used by the US Supreme
Court in the determination of when a film is or moral,
educational or amusing and harmless character.
Miller v. Mardo
Under the Reorganization Plan of 20-A pursuant to RA1241, the regional EXCEPTIONS TO RULE REQUIRING STANDARDS OR GUIDES
offices of the department of labor have been given original and exclusive  It is not always necessary to prescribe a specific rule of action to guide
jurisdiction over a) cases falling under the Workmen's Compensation Law; the exercise of administrative discretion.
b) cases affecting money claims arising from violations of labor standards  Uncontrolled may be vested on administrative agencies in the ff. cases:
on working conditions, unpaid wages, underpayment, overtime, separation o Handling of state property funds
pay and maternity leave of employees and laborers and c) all cases for o Power to form and consolidate school districts, and
unpaid wages, overtime, separation pay, vacation pay and payment for substantially the same principle has been stated in regard to
medical services of domestic help. Prior to this, it was not given jurisdiction exclusion of aliens
over cases falling under b and c. o Purely internal administration matters
o Power of board to make recommendations which bind no one
RA 1241, created the Government Survey and Reorganization Commission has been held administrative and not legislative
and empowered it to abolish departments, offices, agencies or functions o Matters which are privileges as to the using of property, etc.
which may not be necessary for the efficient conduct of government service, but which under certain conditions, may be harmless or well
activities and functions. managed.
o Where it is impracticable to lay down a definite comprehensive
The court held that the functions referred to in RA 1241 which rule
could thus be created, obviously refer merely to administrative, o Relates to administration of a police regulation and is
not judicial functions. It was to carry out the reorganization of the necessary to protect the general welfare
executive branch which plainly, did not include the creation of courts. Such  The courts will infer, in the abovementioned cases, that the
conferment cannot be implied from a mere grant of power to a body such as standard of reasonableness is to be applied.
the government survey and reorganization commission to create functions in
connection with the reorganization of the executive branch of the PERMISSIBLE DELEGATION OF LEGISLATIVE POWER UNDER
government. THE CONSTITUTION
 Delegation of legislative power is expressly authorized in the
provisions of the constitution:
o in times of war or emergency, the president may be
authorized by law to exercise powers necessary and
proper to carry out a declared national policy

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o the president may be authorized by congress (by law)
to impose tariff rates, import and export quotas,
tonnage and wharfage dues and other duties or
imposts within the framework of the national development
program of the government
o system of initiative and referendum whereby the people
can directly propose and enact laws or approve or reject any
act or law or part thereof passed by the congress after the
registration of a petition therefor signed by at least 10% of the
total number of registered voters of which every legislative
district must be represented by at least 3% of the registered
voters thereof.
o Local government code
o LGUs shall have the power to create its own sources of
revenue and to levy taxes, fees and charges subject to
guidelines and limitations as the congress may provide
o No PCMB may be created, divided, merged, abolished or its
boundary substantially altered except in accordance with the
criteria established in the LGC and subject to approval of votes
cast in a plebiscite in the political units directly affected.
o Creation of autonomous regions through a plebiscite
called for the purpose. Those who vote favorably, shall be
included in the autonomous region.
 The organic act of the autonomous regions shall
provide for legislative powers over admin
organization, creation of sources of revenue, ancestral
domain and natural resources, personal, family and
property relations, regional urban and rural planning
development, economic social and tourism
development, educational policies, preservation and
development of the cultural heritage and such other
matters as may be authorized by law for the promotion
of the general welfare of the people in the region.
DELEGATION OF LEGISLATIVE POWERS TO LOCAL

GOVERNMENTS
 An exception to the general rule against the delegation of legislative
power sanctioned by immemorial practice permits the central
legislative to make such delegation to local authorities.
o Local affairs shall be managed by local authorities, and general
affairs by the central authority, and hence, while the rule is
also fundamental that the power to make laws cannot be
delegated, the creation of municipalities exercising local self-
government has never been held to trench upon that rule.

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Chapter V – Administrative Proceedings  It is essential to give validity to the determinations of
administrative agencies.
GENERALLY o A void judgment is no judgment at all. It can never become
 The discussions herein are concerned principally with the final and executory. Hence, an appeal is out of the question.
adjudicatory or determinative powers of administrative o It only has powers conferred to it expressly it by necessary
agencies, the manner of their exercise and the validity, operation and implications. But where it acts in a spirit of hostility and
effect of such exercise. unfairness in the examination of a witness, thereby depriving
 Agencies act both in the legislative and judicial capacity. In a him of a full and fair hearing, its decision will be set aside for
single determination, an administrative agency may act both in a it has rendered itself incapacitated to consider and
legislative and a judicial capacity. weigh the evidence impartially.
 Fundamental procedural requirements to be observed. A duty  They are tribunals of limited jurisdiction. It is dependent on the
imposed upon an administrative agency which requires a quasi-judicial enabling law and the terms of the law reposing power in them. They
proceeding as a requisite of action is widely different from an ordinary cannot confer jurisdiction on themselves.
executive action. It carries with it a fundamental procedural  It cannot enlarge its own jurisdiction nor can jurisdiction can
requirement to the end that arbitrary action be excluded. be conferred upon the agency by parties before it. Deviations
 Administrative proceedings are at end when an appeal has been taken from the enabling law cannot be upheld because it is based upon
to court, and it is merged in the decree of court when the agency has agreement, contract, or consent of the parties; nor can they be made
procured a judicial decree enforcing its order. effective by waiver or estoppel.
o However, active participation of a party in a case pending
CHARACTER OF PROCEEDINGS (adversarial, quasi-judicial/judicial, before a quasi-judicial body is tantamount to a
civil, not an action at law) - QuAdCiL recognition of the jurisdiction and a willingness to
 Many proceedings before administrative agencies are adversary in abide by the resolution of the case and will bar said
nature, as in the case of proceedings before the SEC. Every proceeding party form later impugning its jurisdiction.
is adversary in substance if it may result in an order in favor of  When a statute confers an agency to act in a particular situation, it
one person against another and the primary proceeding is necessarily confers upon such agency authority to determine
nonetheless an adversary one because the primary purpose of the whether the situation is such as to authorize the agency to
agency is to protect public interests. act – that is, to determine the coverage of the statute – and this
 It partakes the nature of judicial proceedings if it involves a) taking question need not and in fact, cannot be initially decided by a court.
and evaluation of evidence; 2) determination of facts based o An agency's determination as to its jurisdiction is not
upon the evidence presented; 3) rendering an order or conclusive upon the courts.
decision supported by facts.  Failure of an agency to exercise a power for a long time
 Such proceeding has been held civil in character even though the indicates a practical construction that the power does not
charge before the agency is based upon a violation of a penal law. exist. However, a failure to exercise jurisdiction does not
Fairness may require the observance of the salutary purposes behind result in its loss.
certain rules of criminal procedure. o An agency may decline to exercise jurisdiction over a case.
 It is not an action at law, nor is it a litigation between private  Expiration of a statute may be held not to deprive the administrative
parties. It is a public one looking to public ends. It is neither agency of jurisdiction to enforce the statute as to liabilities incurred
preventive nor compensatory, but are preventive and remedial to while the statute was in force, where a general saving statute continues
implement a public policy. such liabilities. Where there is no saving clause, repeal of a statute
while proceedings are pending and prior to the filing of an order may
JURISDICTION remove any support in law for such order.
 It is the power given by law to hear and determine a case. There must  Agencies are creatures of the law and they have no general
be jurisdiction over the subject matter and over the person. powers but only such as those conferred upon them by law.

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o Where the law confines in an administrative office the
power to determine particular questions or matters
upon the facts presented, the jurisdiction of such office Roxas v. Sayoc
will prevail over the courts. The Collector of Customs declared certain belongings forfeited to the
o However, it may occur that the court has jurisdiction to take government. Subsequently, RA 650, the Import Control Law, authorizing
cognizance of a case where the matter is also judicial in the Collector to do so, expired. R now contends that the Commissioner
character. already lost jurisdiction over the case therefore, the decision was null and
o The doctrine of primary jurisdiction – if the case is such void.
that its determination requires the expertise, specialized skills
and knowledge of the proper administrative bodies because The court stated that a court, once it has acquired jurisdiction
technical matters or intricate questions of facts are involved, over a case, retains it even after the expiration of the law
then relief must first be obtained in an administrative governing the case. The case herein is concerned with the expiration of a
proceeding before a remedy will be supplied by the law, not with the abrogation of law. Having acquired jurisdiction, the mere
courts even though the matter is within the proper expiration of the enabling law did not affect such jurisdiction.
jurisdiction of the court.
La Union Labor Union v. Philippine Tobacco Fluecuring and Feliciano v. Director of Patents
Redrying Corporation An application for Patent was filed with the Patent Office. M filed a motion
Under the Section 9 Article 7, Chapter 3 of the Code of Rules and Procedure to intervene claiming that the applicant inventors sold, bartered and
Promulgated on Jan 1953 by the Secretary of Labor, pursuant to the assigned to him the right to contract or deal with the sale of their invention
Minimum Wage Law, the Wage Administration Service was empowered to through the corporation that they were organizing under his direction and
render a decision binding on the parties in cases involving claims for wages, prayed that the applicants be directed to acknowledge it and another
underpayments and in cases where the parties enter into a written contract before the notary public, to have both contracts recorded in the
agreement to submit their dispute to the WAS for arbitration. LULU (a Patent Office and in the Office of the RD and that a patent be issued in his
union) filed a case for wage differentials with the WAS and the latter name and in the name of the inventors.
rendered a decision in favor of the claimants and ordered the employer to
submit the payroll pertaining to the period covered by the claims. The Director of Patents had no authority to comply with such
prayers. He, in effect, is praying that the director of patents compel the
The court held that the authority of the WAS was limited to applicant inventor to sign the contract executed and signed by the other
conciliation of dispute involving claims for wages. Its ordinary applicant inventor and have said documents acknowledge it. Under the
function was to hear complaints or claims for wages and conciliate the provisions of the Patent Law, the director has no authority to compel.
parties. If possible, and if they are willing to submit their case for arbitration, Such amounts to a judicial function which would require the
to have said parties enter into a written agreement that they submit the case determination or finding by a court of competent jurisdiction as to
for arbitration and decision, and that they would abide by the result of said whether there was a meeting of the minds of the contracting
arbitration, otherwise, all that WAS could do is, if it found the claims parties.
for wages meritorious, is to file the complaint in a competent
court. The law governing the WAS authority requires a written agreement
signed by the parties to submit to arbitration and to abide by the result of the PROEDURE TO BE FOLLOWED
decision flowing from said arbitration. WAS, being without jurisdiction,  Administrative procedure may refer to the procedure performing
its decision is without any legal force and effect. purely executive or ministerial functions or for rule-making
or ministerial functions. The procedure to be followed here is not
the ones prescribed for ordinary civil actions.

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 Procedures are to be construed liberally in order to effect a just, o May take note of judicially cognizable facts and of
speedy and inexpensive settlement and disposition of the disputes generally cognizable technical or scientific fact within its
between the parties. specialized knowledge with opportunity to contest the
o Procedural rules governing service of summons are not strictly facts so noticed.
construed. It may be relaxed to relieve a litigant an  Section 13. The agency shall have the power to require the
injustice not commensurate with his failure to comply attendance of witnesses or the production of books, papers,
with the prescribed procedure. documents and other pertinent data upon request during hearing upon
 The enforcement of statutory rights is not foreclosed by the showing of general relevance.
absence of a statutory procedure. When the statute does not o They may invoke the courts to punish contumacy or refusal as
require any particular method to be followed by an administrative contempt, but not hold a person in contempt if not
agency, the agency may adopt any reasonable method to carry expressly granted by the enabling law.
out its functions.  Section 14. The decision shall become final and executory 15 days
o they are not bound by the rigid requirements of the Rules of after the receipt of a copy by the party adversely affected
Court. What is missing in the rules may be found in the general unless within that period, an appeal or judicial review has been
principles of logic, justice and equity. perfected.
 The important consideration herein is that both parties are o May also file a motion for reconsideration
afforded an opportunity to be heard and they availed  Section 16. Publication and compilation of decisions
themselves of it to present their respective positions on the matter in o Publish and make available for public inspection all
dispute. decisions or final orders in the contested cases.
 A great mass of administrative adjudications are made formally, o Prepare a register or compilation of those decisions
especially where the decision is made upon inspection or tests, or or final orders for the use of the public.
complaints are disposed of by consent or by correspondence. The  Section 17. Licensing procedure
proceedings may not, however, be so informal as to amount o When the grant, renewal or denial is required to be
to a denial of the right to a hearing and a mere general preceded by notice and hearing, the provisions on
discussion without issues drawn is not a hearing. contested cases shall apply insofar as practicable.
o No license may be withdrawn, suspended, revoked or annulled
RULES ON ADJUDICATION UNDER THE ADMINISTRATIVE CODE without notice and hearing except those which are
 Found in Book VII of the Administrative Code. willful violation of pertinent laws, rules and
 Section 10. Every agency shall, in the public interest, encourage regulations or when the general welfare requires
amicable settlement, compromise and arbitration. otherwise.
 Section 11. In any contested case, all parties are entitled to notice  Section 18. When a renewal is made, the existing license shall not
and hearing. expire until the application shall apply insofar as practicable.
o Such notice shall be served at least 5 days before the date
of the hearing and shall state the date, time and place of the  Section 19. An appeal from a final decision of the agency may
hearing. be taken to the department head.
o They shall be given the opportunity to present evidence  Section 20. An appeal shall be perfected within 15 days after the
and, if not precluded by law, informal disposition may be receipt of the copy of the decision of the complained of by the party
made. adversely affected by filing with the agency which adjudicated
 Section 12. The agency may give probative value of evidence commonly the case, a notice of appeal, serving copied upon the prevailing
accepted by reasonably prudent men in the conduct of their affairs. party and appellate agency and paying the required fees.
o Documentary evidence may be received in the form of o If a motion for reconsideration is denied, the movant
copies or excerpts if the original is not available with shall have the right to perfect his appeal during the
opportunity to compare copy with original. remainder of the period for appeal reckoned from the
o Right to cross examine and submit rebuttal evidence receipt of the resolution of the denial. If reversed on

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reconsideration, the aggrieved party shall have 15 days from  All cases involving questions of law shall be submitted and settled by
the receipt of the resolution. the Secretary of Justice as attorney general of the national
o Upon perfection of the appeal, the agency shall transmit the government and as ex officio legal adviser of all GOCCs. His ruling
records of the case to the appellate agency. shall be conclusive.
 Section 21. The appeal shall stay the decision appealed from if  Questions of fact and law: submitted to the Solicitor General (if it
the appellate agency does not direct otherwise. only involves disputes, claims or controversy of the departments or
 Section 23. The decision of the appellate agency shall become final other agencies including GOCCs); and the Secretary of Justice (all
and executory 15 days after the receipt by the parties of the others).
copy.  Determination of factual issues may be referred to an arbitration
 Section 24. Each agency shall have such number of qualified and panel composed of one representative each of the parties
competent members of the bar as hearing officers as may be necessary involved and presided over by a representative of the Secretary of
for the hearing and adjudication. Justice or the Solicitor General (as the case may be).
o No hearing officer shall engage in the performance of o The decision of the SecJus and the SolGen when approved by
prosecuting functions in any contested case or any factually the SecJus shall be final and binding upon the parties
related case. involved.
 Section 25. Agency decisions shall be subject to judicial review o It may be taken to the president where the amount of the claim
against the agency, officers, and all indispensable and necessary parties exceeds 1M. The decision of the president shall be final.
as defined in the Rules of Court.  SecJus shall promulgate the rules and regulations necessary to carry
o The petition for review shall be perfected within 15 out such provisions.
days from receipt of the final administrative decision.
1 motion for reconsideration may be allowed. DUE PROCESS OF LAW IN ADMINISTRATIVE ADJUDICATION
o Made on the basis of the record taken as a whole. When  The right to due process is not merely statutory, it is a constitutional
supported by substantial evidence, shall be final except when right and must be applied to administrative proceedings.
specifically provided otherwise by law.  It simply means an opportunity to explain one's side or an
 Section 26. Transmission of Record. Within 15 days from the service of opportunity to seek a reconsideration of the action or ruling
the petition for review, the agency shall transmit to the court the complained of.
original or a certified copy of the entire records of the proceeding o For as long as the parties are given fair and reasonable
under review. opportunity to be heard and to submit evidence in support of
their arguments before judgment was rendered.
Note: Applicable to all agencies except the congress, judiciary, constitutional o Technical rules of procedure and evidence are not strictly
commissions, military establishments in all matters relating to the Armed applied.
Forces personnel, the board of pardons and parole and state universities and o No violation of due process even if no formal or trial type
colleges. hearing was conducted where the party was given the chance
to explain his side.
CONTROVERSIES AMONG GOVERNMENT OFFICES AND  The standard of due process that must be met in agencies allows a
CORPORATIONS certain latitude as long as the element of fairness is not
 All disputes, claims and controversies, solely between or among the ignored. They are not bound by the rigidity of procedural
departments, bureaus, offices, agencies and instrumentalities of the requirements observed in courts.
National Government including GOCCS, such as those arising from
the interpretation and application of statutes, contracts or REQUISITES OF ADMINISTRATIVE DUE PROCESS
agreements shall be ADMINISTRATIVELY SETTLED OR  The right to notice, be it actual or constructive of the institution
ADJUDICATED in the manner provided for in the Administrative of the proceedings that may affect the person's legal right.
Code.

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 Reasonable opportunity to appear personally or with the foregoing translate to a denial of due process against which the defense of
assistance of a counsel and defend his rights and to introduce failure to take timely appeal will not avail.
witnesses and relevant evidence in his favor
 Tribunal vested with competent jurisdiction INSTITUTION OF PROCEEDINGS
 a finding or decision supported by substantial evidence  Depends on the purpose served by the particular agency and the
presented at the hearing or at least ascertained in the records or governing statute or rules of the agency.
disclosed or made known to the parties affected. o Ex parte application (license, permit, approval or consent,
or the filing of a claim or an application for benefits)
 A party in an administrative case may or may not be assisted by o Filing a charge or complaint by an aggrieved person on
counsel irrespective of the nature of the charges and of the basis of which notice of hearing is issued
respondent’s capacity to represent himself. o Under other statutes, particular admin agencies may institute
o The right to counsel is not imperative in administrative proceedings on their own initiative, motion or
investigations because the inquiries are conducted merely to complaint.
determine whether the facts that merit disciplinary
measures against the party with the purpose of NECESSITY FOR NOTICE AND HEARING
maintaining the dignity of government service.  Depends on the character of the proceeding and the circumstances
 Denial of due process constitutes grave abuse of discretion. involved
 General rule: notice and hearing are not essential to the validity of
administrative action where the administrative body acts in the
Villa v. Lazaro exercise of executive, administrative, or legislative functions
AV was granted a building permit issued by the City Engineer to construct a  When it acts in a judicial of quasi-judicial matter and its acts
funeral parlor but was later enjoined by a decision in court. Instead of filing are particular and immediate rather than general and
an appeal in court, he lodged a complaint with the Human Settlement prospective, the person whose rights or property may be
Regulatory Commission (HSRC) on the same ground. A telegram was sent affected by the action is entitled to notice and hearing.
to him by the commissioner to transmit the proof of location of clearance o Notice to enable a party to be heard and to present evidence is
granted by such office. However AV made no response. not a mere technicality or a trivial matter in any judicial or
quasi-judicial proceedings.
Thereafter, AV received a show cause order signed by the commission o Parties who choose not to avail themselves of the opportunity,
requiring her to show cause why a fine should not be imposed on her or a despite due notice, cannot validly complain of a denial of due
cease and desist order for her failure to show proof of the location process.
clearance. In spite of her communication that she already previously mailed
all the required documents, she received an order, fining her and requiring SUFFICIENCY OF NOTICE
AV to cease operations.  Where the statute provides the manner, form, and time of notice, the
notice must conform to the prescribed provisions at least substantially
The court held that there was a denial of due process herein. While and a statutory provision may not be altered by a rule of the agency.
respondent commission took cognizance of the complaint and required AV to  Due process of law is afforded in admin proceedings by
submit a locational clearance, said respondent did not then or at any time constructive service or notice or process on parties.
before the issuance of the order and writ of execution complained or bother o Notice by publication pursuant to law will sustain jurisdiction.
to put her on notice, formally or otherwise, of Veneracion's complaint. o Procedural rules governing summons are not strictly construed
in admin proceedings. Substantial compliance is sufficient.
Commissioner acted as if the documents sent by AV did not exist at all. True,
only copies were submitted, but ordinary prudence and fairness dictated at WAIVER OF RIGHT TO NOTICE
least some inquiry into their authenticity and this would not have posed any  A failure to comply with the requirements may result in failure to
great difficulty considering their purportedly official origins. All of the acquire jurisdiction.

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 Generally, the right to notice in an administrative
proceeding may be waived. INVESTIGATION AND HEARING DISTINGUISHED
o If a general appearance is mad, jurisdiction over the person is Investigation Hearing
conferred even though there was no proper notice or process. May be held in private and are There are parties and issues of law
o Personal notice is not required where it is impossible to formal proceedings to obtain and of fact to be tried and at the
give such notice. information to govern future actions, conclusion of the hearing, action is
have no parties and are not taken which may affect the
DENIAL OF DUE PROCESS MAY BE CURED proceedings in which action is taken rights of the parties, and parties
 What the law prohibits is not the absence of previous notice, but against anyone. are entitled to be present in person
absolute absence thereof and lack of opportunity to be heard or as has and by counsel, participate in
been stated, it is not the lack of previous notice by the denial of the hearing and entitled to be furnished
opportunity to be head. a record of the proceedings.
o A motion for reconsideration or appeal within the admin
agency is curative in character on the issue of alleged denial of National Union of Printing Workers v. Asia Printing
due process. A party, having had the opportunity to file his D was employed as pressman in the printing establishment of Asia Printing.
comment and memorandum for his defense, which he actually He was dismissed because of his union activities with the National Union of
availed of, or to be heard on his motion for reconsideration Printing Workers of which he was a member. The prosecutor found a prima
which was duly considered by the administrative body, is not facie case. Hence, the prosecutor filed a complaint against Asia Printing
deprived of due process. with the CIR. After hearing, the judge dismissed the complaint for unfair
labor practice. D asserts that since the prosecutor found a prima facie case
ELEMENTS OR ESSENTIALS OF RIGHT TO HEARING against Asia Printing, CIR should have rendered judgment in his favor. He
 An administrative hearing must be fair or as it is frequently stated, further asserts that a preliminary investigation was not required in this
full and fair, or fair and adequate, or fair or open. case and that said procedure was disadvantageous to the petitioner in that
 The right to full hearing includes the right of the party interested it exposed his evidence in advance.
or affected:
o To present his case or defense, and submit evidence oral or The court held that the investigation done by the prosecutor was
documentary, in support thereof different from the hearing conducted by the CIR itself.
o To know the claims of the opposing party and to meet them Consequently, the findings of the prosecutor cannot be made the basis of a
o To cross-examine witnesses for a full and true disclosure of the decision or award. Furthermore, under the law, an investigation is required
facts of the CIR before it an unfair labor practice can be filed and that said
o To submit rebuttal evidence investigation can be done by any member of any agent thereof like the
 An actual hearing is not always essential. As long as he was prosecutor, as in this case. It is only when the charge is filed that the CIR
given the opportunity to defend his interest in due course, he cannot be intervenes by requiring respondent to answer the complaint and then both
said to have been denied due process of law. parties are heard to receive the evidence to be adduced by them.
DUE OF ADMINISTRATIVE BODY TO CONSIDER THE EVIDENCE

PRESENTED REQUIREMENT OF NOTICE AND HEARING BY LAW OR
 The administrative agency must consider the evidence presented. REGULATION
 The body or official must act on its or his own consideration of the law  Where provided by law
and the facts of the controversy, and not simply accept the views of a  Where it is not provided by law, a statute reposing powers in an
subordinate. administrative agency to determine particular questions may be
 He should render his decision in such a manner that the deemed to contain provisions for notice and hearing as required by the
parties to the proceeding can know the various issued due process of law. In the absence of statutory provision, the question
involved and the reasons for the decision rendered. is whether there is a right to notice and hearing is

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determined by the terms of the particular statute and the
attendant circumstances.
 Where provided by regulations
o The agency regulations may so provide. In such case, the Manila Electric Co v. Medina
regulations may be held to embrace all the elements of a fair After hearing on an application of Meralco for increased rate schedules, the
hearing. PSC approved the application. However, they subsequently, without notice
or hearing the applicant, issued an order suspending the effectivity of the
decision.
Bautista v. Workmen's Compensation Commission
The hearing officer herein ordered a dismissal of a claim for compensation Aside from the fact that the enabling law confers no jurisdiction
for repeated non-appearance. The records, however, show that their failure on the PSC to suspend, the same was issued without giving the
was due to lack of notice or that the notice was received after the scheduled party an opportunity to be heard. In effect, the suspension amounted to
date. a denial of due process. Meralco has valuable rights of which it was deprived
without being given a chance to be heard.
The court held that the WCC abused its discretion in ignoring and
passing upon the issue. The very rules of the Commission require the
giving of reasonable notice and hearing to each interested party by service Manila Electric Co. v. PSC
upon him personally or by registered mail of a copy at his last known PSC rendered a decision setting the rates the MERALCO was authorized to
post office address or if he is represented by a counsel, through the latter. charge its customers on the basis, solely, of the report of the General
Claimant was clearly deprived of his day in court. Auditing Office which had audited and examined the Meralco books of
account. Requests for hearing have been denied.
CONSTITUTIONAL REQUIREMENT OF NOTICE AND HEARING The court held that this was in violation of due process in that
 Administrative agencies may not deprive, nor may a statute empower there was no hearing and opportunity to be heard. There could be no
them to deprive a person of his constitutional rights without notice and shortcuts in the disposition of the time-honored principle that no one should
hearing which is adequate and fair. A hearing or opportunity to be be deprived of his constitutional rights without due process.
heard before the citizen is deprived of his rights is absolutely essential
to due process.
 It is only essential when the agency exercises its quasi-judicial
function. In executive or legislative functions, issuing rules and
regulations are not required. Commissioner of Immigration v. Fernandez
C and his 3 brothers were admitted to the Philippines on the ruling of the
Board of Special Inquiry of the BI that they were Filipino citizens. The
Danan v. Aspillera ruling was affirmed by the Board of Commissioners. However, the new
This is a case where a certificate of public convenience was cancelled solely board reversed the decision and issued a warrant of exclusion without
on the basis of the report of an engineer of the Public Service Commission. notice given to C of the exclusion proceedings.
They failed to appear during the hearing allegedly because of an incident
they met on the way to Manila. The court held that this was a violation of due process. The right to
Philippine citizenship had already passed upon by the Board of equally and
The court held that the ex parte revocation was in violation of due duly constituted commissioners. At least, they could have notified C or
process since it was revoked without giving the operator’s exerted efforts to cause his presence, by or through the instrumentalities and
previous notice and opportunity to explain their side. The agency agencies that the government has at its command. The review of the new
has the duty to maintain a due regard for the constitutional rights of parties- Board may breed chaos in the Bureau of Immigration.
litigants.

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conditions subject to which it was received, including the
absence to the right of hearing.
 Hearing is only essential when the power exercised is quasi-
Maceda v. Energy Regulatory Board judicial in nature.
The Energy Regulatory Board relaxed its procedures by having all the o However, there are cases when the power is to be exercised
evidence in chief of all applicants for oil price increase on record just before summarily without prior notice or hearing or even notice to
their witnesses are cross-examined. The petitioner herein seeks the the parties affected.
nullification of the order on the ground that the hearings conducted in the o Notice and hearing are not required for: 1) summary
second provisional increase in oil prices did not allow him substantial cross- abatement of a nuisance per se; 2) distraint and levy
examination. upon the property of a delinquent taxpayer; 3)
preventive suspension of a public officer pending
The court held that there was no deprivation of due process investigation.
herein. The order of testimony of both with respect to examination of the o Interlocutory orders may be issued without previous notice
particular witness and to the general course of the trial is within the and hearing.
discretion of the court and the exercise of this discretion in permitting to be o The order granting provisional relief, however, must be based
introduced out of the order prescribed by the rules is not improper. Matters on substantive evidence. Such is akin to a temporary
of rate or price fixing is considered as exercising a quasi-legislative, not a restraining order or a preliminary attachment which are
quasi-judicial power. As such, the agency is not bound by the strict or given ex parte but are subject to the resolution of the
technical rules of evidence governing court proceedings. main case.
 The right to a hearing or right to particular elements of a fair trial may
Padilla Dissent: Full dress hearing is absolutely necessary. The people, be waived.
represented by reputable oppositors, deserve to be given full opportunity to
be heard in their opposition to any increase in the prices of fuel.
Suntay v. People
Sarmiento Dissent: Oil prices are best judged by the political leadership. It is Passport of petitioner who was charged with seduction and left the country
not an economical issue. was cancelled by the Secretary of Foreign Affairs without notice and
hearing.
PROCEEDINGS IN WHICH NO HEARING IS REQUIRED The court held that the cancellation was not whimsical or
 Due process is dependent on the circumstances. While a day in court is capricious. Where the holder of a passport is facing a criminal charge in
a matter of right in judicial proceedings, it is otherwise in our courts and left the country to evade criminal prosecution, the Secretary,
administrative proceedings since they rest upon different principles. in the exercise of his discretion, revoke the passport already issued When
In some instances, even a hearing and notice are not discretion is based upon an undisputed fact, such as the filing of a criminal
required. complaint, hearing may be dispensed with by such officer.
 Only when constitutional rights are claimed does the
constitution require notice and hearing.
o In many cases, to decide whether a right or a privilege is to
be granted, notice and hearing is not necessary in the Bishop v. Galang
absence of an express or implied statutory provision. An application herein for an extension of stay of an alien was denied by the
o If no personal property rights are involved and it is only a DFA on the basis of confidential reports without conducting a formal
privilege, notice or hearing may not be essential. hearing on the application.
o Where a right is granted conditionally and subject to
termination, it may be withdrawn in accordance with the The court held that the extension of stay of aliens is purely
discretionary on the part of the immigration authorities. The

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courts have no jurisdiction to review the purely administrative practice of
immigration authorities of not granting formal hearings in certain cases as DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE
the circumstances may warrant for reasons of practicability. A day in court is  While the power to decide resides solely in the administrative agency
not a matter of right in administrative proceedings. vested by law, this does not preclude a delegation of the power to other
persons such as hearing officer, examiner, etc.
 Essential that judgment and discretion are finally exercised
APPLICABILITY OF RULES GOVERNING JUDICIAL by proper officer.
PROCEEDINGS o It is sufficient that the judgment and discretion be finally
 The provisions of the Rules of Court may be applied suppletorily to exercised by those authorize by the law.
proceedings before an administrative body only in the absence of  Due process requirements must be observed
different and valid statutory or administrative provisions prescribing  Essential that officer acts on his own independent judgment
ground rules for the investigation, hearing and adjudication of cases o One must rely on his independent consideration of the law and
before it. the facts and not simply accept the views or recommendations
 Procedure in agencies are not as strict as that of the court. The of the subordinates in arriving at a decision.
atmosphere is one of expeditiousness, expertness or liberally conceived
remedies.
 Only such as are fundamental and essential like the right of cross- American Tobacco v. Director of Patents
examination are observed. The Director of Patents herein delegated the hearing of the petitioner’s cases
 However, they must act within, and cannot exceed, their jurisdiction, to hearing officers pursuant to an amendment which empowers such
nor entirely dispense with the basic rules on proving allegations. director to do so. Petitioners allege that such is void because under the law,
 It does not empower them to act arbitrarily and even a statutory the director must personally hear and decide inter partes cases.
exemption from the due process guarantee in the exercise of the
powers is not an excuse. The court held that administrative flexibility, as in this case is
 The right to notice and hearing is essential to due process necessary for prompt and expeditious discharge of duties. The law
and its non-observance will, as a rule, invalidate the should be given a construction so as to give the official the flexibility
administrative proceedings. necessary. It could hardly be expected in view that the law requires him to
o The constitutional mandate is deemed fully satisfied where the hear personally each and every case pending his office. Unnecessary
parties are afforded fair and reasonable opportunity to explain and unimportant details often occupy far too much time and energy of heads
their side of the controversy. of agencies. Sub-delegation of power is justified by sound principles
of organization.
Bautista v. Workmen's Compensation Commission

The hearing officer herein ordered a dismissal of a claim for compensation EVIDENCE IN ADMINISTRATIVE PROCEEDINGS
for repeated non-appearance. The records, however, show that their failure  An administrative agency is not bound by the strict rules governing the
was due to lack of notice or that the notice was received after the scheduled reception of evidence in court proceedings.
date. o It may apply such rules or substantially conform to them; or it
may waive them if such a waiver is necessary to ascertain the
The court held that the WCC abused its discretion in ignoring and substantial rights of all the parties to the proceedings.
passing upon the issue. The very rules of the Commission require the o Mere admission of matters which would be deemed
giving of reasonable notice and hearing to each interested party by service incompetent in judicial proceedings would not invalidate the
upon him personally or by registered mail of a copy at his last known administrative determination.
post office address or if he is represented by a counsel, through the latter.  Particular judicial rules
Claimant was clearly deprived of his day in court. o Best evidence rule

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o Principles that transactions between 2 parties should not be  Evidence offered during the hearing
used against a third party o All parties must be fully or fairly appraised of the evidence
o Expert and opinion evidence submitted or to be considered, and nothing can be treated as
o Privilege of witnesses evidence which is not introduced as such unless it is known to
o Proper authentication of records all parties that evidence formally introduced has been received
o The use of interrogatories by the agency, or a fact is properly supplied by official notice or
o The rule as to contradiction of one's witness presumption.
 Essential rules of evidence  Agency files and records
o Even if administrative agencies are not bound by technical o It is improper for the agency to base its decision or findings
rules, this is not to be construed as a license to upon facts gathered from its own filed without introducing the
disregard certain evidentiary rules files in evidence, or upon facts obtained from other cases
o Basic rules that must be observed: evidence must have pending before or previously decided by the tribunal.
probative value, the right allocation of burden of proof, the o But there are cases where they can take judicial notice
degree of proof, the right to know the evidence submitted or to of their records or decisions or may act on the
be considered, to inspect documents, to cross-examine knowledge of matters disclosed to it through its own
witnesses and to offer evidence records.
 Probative value o They may take notice of the data on file or results reached by it
o Evidence must be substantial in other cases where such is made known and there is adequate
o The complainant has the burden of proving, by substantial opportunity for rebuttal.
evidence (not proof beyond reasonable doubt).  Secret of confidential information
o Substantial evidence is more than a mere scintilla. Such o Information cannot be withheld from the parties on the
relevant evidence as a reasonable mind might accept as ground that it is of confidential nature and at the same time
adequate to support a conclusion. used as a basis for the decision.
o Mere corroborated hearsay or rumor does not o In some instances, however, a right to hearing does not
constitute substantial evidence. As a matter of policy, it include the right to know information which must be
must provide for the exclusion of irrelevant, kept secret in the public interest.
immaterial or unduly repetitious evidence that is  Quantum of proof
wholly without probative value. o Substantial evidence even if not overwhelming or
o When 2 conflicting occasions are supported by substantial preponderant as in civil cases. It is more than a mere scintilla
evidence, the administrative bodies may choose which to and is adequate to support a conclusion even if other equally
uphold for that reason, even flip flop on its actual findings reasonable minds might opine otherwise.
without thereby committing grave abuse of discretion. o They may not require proof more than substantial
 Hearsay rule – it is generally held admissible in proceedings before evidence.
administrative agencies, at least for limited purposes especially when o Presumption of regularity does not apply to proceedings
not objected to. resulting in the deprivation of a taxpayer's property.
o In judicial, it may also be used for the purpose of o Withdrawal of a complaint does not automatically
supplementing or explaining any direct evidence. result in the dismissal of an administrative case.
o But it has been held inadmissible if the question at issue
is not a matter of opinion such as valuation of property,
but purely a question of fact which is susceptible of Santos v. Noble
accurate determination. After an assessment was made by the CIR upon the appellant for the
 Admissions and declarations (dying declarations, of deceased payment of amusement taxes, a case was filed against him. However, when
persons against their interests, are admissible) he requested for a reinvestigation, during the hearing, he cannot present
o Self serving declarations are, as a rule, excluded. books because the same could not be produced by the bureau for the reason

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that they were lost while in its possession. more work for the laborers to do in connection with the different jobs given
to them.
The court held that it would be unfair that the previous decision
would simply be affirmed on the basis of the reputable Despite these, the court held that the proper procedure was not
presumption of regularity of performance of the officials. Although followed since the court of industrial relations merely acted on the
it is true that the appellant has the burden to prove his claim, he was strength of the ocular inspection it conducted on the premises of
deprived of the best means of doing it with the loss of his books. The the company. The allegations herein cannot be established by a mere
appellant should be given the opportunity to prove even with secondary inspection of the place of labor especially when conducted at the request of
evidence, his contention that in some respects, the assessment against him an interested party (e.g. the company). The company's financial situation
was incorrect. should not be determinable by such inspection. The financial situation of
the company must be looked into.
Estate of Florencio Buan v. Pampanga Bus Co.

The Estate of PNB applied for certificates of public convenience in the PSC to Halili v. Floro
operate additional trips between Manila and various municipalities and The PSC granted the respondent a regular certificate of public convenience
barrios in Bataan. Some bus companies opposed the applications on the for the operation of an auto-truck service for the transportation of
ground that such approval would only result in a cutthroat and ruinous passengers and freight. Another TPU operator, filed an opposition to the
competition among them. PSC assigned agents to make an on the spot application on the grounds that prior to the way, he had already been
survey of the passenger traffic along the said lines. After hearing, it rendering transportation services along the said route and the grant would
rendered a joint decision denying the application of the certificates applied cause ruinous competition. Testimonial evidence was presented before the
for on the ground that on the said lines, the oppositors are adequate and commission to prove that the passenger buses were overcrowded and
sufficient for the actual needs of the public. overflowing and no sufficient in number, to the great danger and
discomfort of the passengers.
The court held that the factual findings supported by substantial
evidence, as in this case, are binding upon the courts. The court is The court held that the decision under review is contrary to law or
not required to examine the proof de novo and determine for itself whether that it was without jurisdiction of the Commission. The factual
or not the preponderance of evidence really justifies the decision below. An findings in this case were supported by ample evidence binding on the courts.
examination of the reports of the agents reveal that an average of 12-15 The court is not at liberty to substitute our own findings for those of the
passengers were carried by each bus. The sending of the 2 checkers were Commission reasonably supported by the evidence even if the court had
justified. The court is not supposed to interfere except in case of clear abuse. plausible ground to make the modification, which in the present case, the
court does not have.
Philippine Movie Pictures Worker's Association v. Premier

Productions Uy v. Workmen's Compensation Commission
A petition for lay-off was filed because the employer was suffering from The WCC reversed a decision of the hearing officer awarding a claim for
financial losses during the current year. The court deciding the case opted death compensation on the ground that there was no substantial proof of
to make an ocular inspection of the studios and filming premises of the employer-employee relationship. In dismissing the claim, the WCC based its
respondent. The judge even proceeded to interrogate the workers he found decision on its findings that there was no substantial proof that the
in the place and in the presence of the counsel of both parties. Thereafter, deceased was an employee of the respondent at that time of the incident in
during the hearing, those interviewed were allowed to be cross-examined. that the rice mill allegedly operated was not duly registered and that rice
With these ocular inspection and interrogations the judge reached the mill, being an nationalized industry, there could be no way that Uy, an alien
conclusion that the petition for lay-off was justified because there was no may be employed unless duly authorized by the authorities.

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 Finality – There is no general legal principle that mandates that all
The court held that there being no showing that the police officer decisions of quasi-judicial agencies are immediately executory, except
in the present case maliciously or recklessly conducted the when the enabling law provides.
investigation and prepared the police report, the police report o Not immediately executory: SEC, Civil Aeronautics
must be given more probative weight than the biased testimonies Administration
of the private respondent's witnesses. While as a rule, matters of o Immediately executory: CSC, even pending appeal.
credibility and weight to be assigned to a particular item of evidence are
primarily with the Commission, the same is only true where the findings of
the Commission are supported by substantial, credible and competent Indias v. Philippine Iron Mines
evidence. The Court of Industrial Relations dismissed the complaint of the petitioner
for unfair labor practices and indirectly denied his prayer that he be
reinstated as the employee of the company. The hearing examiner
DECISIONS OR ORDERS recommended the dismissal of the case on the ground that the evidence
 Necessity of findings - While the duty to deliberate does not often presented by the complaint did not support the charges of unfair labor
impose the obligation to decide right, it does imply a necessity of practice. "After a perusal of the records of the case, the court finds no
having something to support its decision. A decision or wrong with sufficient justification for modifying the said recommendation, findings and
absolutely nothing to support is a nullity at least when conclusion and consequently, the case is hereby dismissed"
attacked directly.
o the decision must be based on the evidence presented at the The court held that the even if the order did not make its own
hearing or at least contained in the record and disclosed to the discussion of the evidence or its own findings of fact, is valid. Such
parties is not necessary if the court is satisfied with the report of the examiner or
o express findings are necessary or desirable referee which already contains a full discussion of the evidence and the
 so that it may be known what the action of the findings of the fact based thereon. The situation would differ if the court
administrative agency is based as well as to protect disagrees with it. In which case, it should state the reasons for disagreement.
and assure the parties against arbitrariness It would be purposeless to repeat what is stated by the examiner if the court
 to enable the courts to perform their function of review is in full accord with it.
 to give the reviewing court the assistance of an expert
judgment on the matters entrusted to the agency for
initial determination
 Form – must conform to the statutes and the rules of the agency Garcilla v. Court of Industrial Relations
governing the particular proceeding as well as the constitutional Court of Industrial Relations dismissed for lack of merit complaint for
prescriptions reinstatement and recovery of unpaid services, backwages, etc. of the
o They must be in the proper form, authenticated as complainant completely ignoring in the decision, the monetary claims.
prescribed, and must be entered against the proper
party (must inform the party on what is required to be done The court held that the fundamental requirements of due process
and to enable the courts to enforce them). was ignored in this case. The Court of Industrial Relations is a special
o An administrative agency should render its decision in court, not only exercising judicial or quasi-judicial functions in the
such a manner that the parties to the proceeding can determination of disputes between employers and employees, but its
know the various issues involved and the reasons for functions are far more comprehensive. It cannot ignore or disregard the
the decision rendered. fundamental and essential requirements of due process in trial
o Must be grounded on evidence and expressed in a manner that and investigations of an administrative character. It should render
sufficiently informs that parties of the factual and legal basis of its decision in such a manner that the parties' proceeding can know that
the decision. various issues involved, and the reasons for the decision rendered. The
failure to pass upon the monetary claims raised by the petitioner, amounted

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to a disregard of such a cardinal right embraced in due process, namely, that illegally constructed dikes under RO 2056 takes precedence over
the issued raised by a party should not be ignored or left undecided. the fishpond permit.
WHERE ADMINISTRATIVE AGENCY IS A COLLEGIATE BODY

Serrano v. Public Service Commission  The powers and duties of an administrative agency may not be
Petitioner in this case filed an application requesting authority to operate a exercised by the individual members separately. Their acts are
taxicab automobile service in Manila/ He completed the presentation of his official only when done by the members convened in session
evidence while the oppositors presented nothing. Upon the claims, PSC upon a concurrence of at least a majority and with at least a
rendered a decision. However, PSC didn't even bother to refer individually quorum present.
to the petitioner and state why his application is either dismissed or denied. o When the action needed is not of the individual, but of the
It states that "The applications not included in the list granted are either board (official body).
dismissed for lack of interest or failure to prosecute or failure to qualify". o Individual action renders the purpose of the constitution as a
board, nugatory. The legislature organized the board
The court held that there was a denial of due process. Although the PSC is precisely in order that they should deliberate
free from the rigidity of certain procedural requirements, it does not mean that it can collectively and in order that their views and ideas
entirely ignore or disregard the fundamental and essential requirements of due should be exchanged and examined before reaching a
process. Each and every application must be considered strictly on its merits and the conclusion.
relevant facts in support of an order, ruling or decision be carefully inquired into
and clearly set forth. Then, such an arbitrary fiat as the denial or dismissal of an
application without any statement as to why under the evidence, such a result is called POWERS OF ADMINISTRATIVE AGENCIES TO MODIFY THEIR
for is plainly bereft of support in law. Such a conclusion must find support in the DECISIONS
competent evidence before the respondent commission and must be so indicated in  Conditions – subject to reconsideration and changes so long as no
the order. rights have vested and so long as they have not passed beyond the
control of the administrative authorities, as where the determinations
are not final but interlocutory or where the powers and jurisdiction of
the authorities are continuing in character.
Heirs of Santiago Pastoral v. Secretary of Public Works and  Grounds
Communications o Fraud of imposition
For alleged encroachments into the Tulalo River, the Secretary of Public o Mistake
Works issued an order for the removal of the encroachments of the o Surprise
petitioner being illegally constructed, declaring the same as public o Inadvertence
nuisances under the law. Peitioner contend that they have a title over the o Newly discovered evidence
alleged encroachments and a fishpond permit issued by the Bureau of o To meet the changed conditions
Fisheries authorizing them to construct a fishpond on an adjoining parcel of o (whether by reason of statutory provision or by reason of
their property not covered by title was issued. principles applied by the courts)
The court held that the secretary had authority to determine Note: A delay of more than 3 years in acting upon an application for re=hearing
questions of fact such as the existence of a river even inside titled does not deprive the administrative authorities of jurisdiction to grant the
properties. He never declared that the titles of the petitioners over same.
the lots were null and void. Such fact finding power was incidental to the
duty to clear all navigable streams of unauthorized constructions hence, its APPLICATION OF RES JUDICATA
grant does not constitute an unlawful delegation of power. Even so, the river  Res judicata – is the final judgment on the merits rendered by a
being of public nature, cannot be subject to appropriation, even by court of competent jurisdiction. It is conclusive as to the rights of the
prescription. The secretary's more specific authority to remove

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parties, their privies and constitutes as an absolute bar to subsequent DIFFERENT TYPES AND KINDS OF ADMINISTRATIVE APPEAL AND
action involving the same demand, claim or cause of action. REVIEW (those in * are provided by the enabling law)
o Forbids the reopening of the matter once determined by the  Administrative subordinate to administrative superior (where
court acting within its jurisdiction. determinations are made by lower levels of the same agency or
o It is applicable to determinations in the field of department)
administrative law as well as to the courts whenever  *Particular officer or body to another officer or body (in the
consistent with the purpose of the tribunal, board or same agency or in the same administrative system)
officer.  *Trial de novo of matters of fact or discretion and application
 Dependent upon the type of determination and proceedings of a court from an action of an administrative agency (differ
o Applicable to adjudicatory, quasi-judicial and judicial from ordinary judicial functions and makes the court a part of the
functions admin system)
o Not applicable to administrative, executive, legislative,  *Order of a division of a commission or board to a rehearing
ministerial by the full commission
Note: A decision rendered pursuant to an agency's quasi-judicial authority  *Appeal to an officer on an intermediate level and a
which has become final and executory has the force and binding subsequent appeal to the head of the department or agency
effect of a final judgment within the purview of the doctrine of res  *Appeal to the President
judicata. ACTION BY ADMINISTRATIVE APPELLATE TRIBUNAL
o It may not be invoked in labor relations proceedings  Authority to reverse must be exercised sparingly
considering that such are non-litigious and summary in nature o This power must be exercised sparingly and upon a clear
without regard to the technicalities obtaining in the courts of showing of error. Lacking such flaw, the decision of the lower
law. administrative offices should be sustained, if only because they
 Affected by statutory provisions – It is a matter of interpreting have closer access to the problem sought to be resolved.
the enabling statute.  Review must not be arbitrary
o Some statutes may limit or restrict the extent to which an o The review must not be whimsical or arbitrary or devoid of
administrative determination may operate as res judicata. substantial basis.
 As to administrative decisions judicially reviewed – when an o Must be exercised within the limits of the law.
agency's determination has been reviewed by the courts, the res o The president, directly, or through the executive secretary,
judicata, if any attaches to the court's judgment rather than to the may review, affirm, reverse or modify the orders and decisions
administrative decision. A court's judgment rendered in its judicial of a department secretary being his alter ego subject to his
capacity, with respect to such determination operates as res judicata in administrative control.
the same manner as in other judgments.  Review generally de novo – Generally, the review is de novo
o Only valid judgments can be res judicata. Lack of unless the law provides otherwise.
jurisdiction precludes an administrative determination from  Reviewing officer must be other than officer whose decision
being res judicata. is under review
o Otherwise, there could be no different view or there would be
ADMINISTRATIVE APPEAL AND REVIEW no real review of the case
 There is a hierarchy of authorities so that by express provision  Final and executory decisions are not subject to review
of law or otherwise, a review may be had within the o A decision becomes final 15 days after the receipt of a
administrative system itself of the action of lower administrative copy of the decision by the party adversely affected
authorities by their superiors or a particular administrative body is unless within that period, an administrative appeal or
authorized to hear and decide appeals from, and review the judicial review, if proper, has been perfected.
determinations of, certain other administrative bodies or officers. o A final resolution or decision of an agency also binds the office
of the president even if such agency is under the
administrative supervision and control of the latter.

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o Doctrine of stare decisis ENFORCEMENT OF ADMINISTRATIVE DETERMINATIONS
 Administrative determinations are enforceable only in the manner
provided by statute. If a statute has failed to provide a remedy for their
enforcement, they are unenforceable (unless brought to the courts).
o The legislature may aid enforcement by providing a penalty or
sanction for failure to comply therewith and direct and positive
sanctions.
 Administrative enforcements – agencies may not enforce their
own determinations but statutes frequently invest them with power of
enforcement.
o Revocation
o Suspension
o Refusal to renew license
o Refusal to grant clearance
o Withholding or denying benefits
o Imposing conditions
Note: Administrative penalties such as fines or surcharges, seizures and
sale or destruction of property and forfeitures in internal revenue
cases are civil and remedial. It may be enforced by administrative agencies.
 Judicial enforcement – except as may be provided by the statute,

administrative bodies generally, have no power to enforce their
decisions or orders but such can be enforced by the courts.
o Customarily, enforcement is provided for by the law.
o Upon enforcement proceedings, the court may examine
questions of jurisdiction, regularity of proceedings,
constitutional right or statutory authority.
o But the court does not go into the general fact or
controversy beyond determining whether there is
support in the evidence for the findings.
o The order of administrative agencies receives judicial sanction.
Thereafter, it is the judicial order which is enforced.
 Execution pending appeal
o When the law provides that it is immediately final and
executory pending appeal, it is so.
o Otherwise, execution of decisions takes place only when they
become final and executory.
Weigall v. Shuster
The Collector of Customs imposed a fine upon a captain of a British steamer
for a violation of the Chinese Exclusion Law, in permitting the escape of an
immigrant from his ship and asserted a lien upon her, refusing clearance
papers unless the fine be paid.

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The court held that the collector had no power to impose a fine
when not expressly conferred on the administrative bodies. The Apelaga v. Dizon
fine imposed herein was not one for administrative action because it had to H filed a notice of claim for compensation with the regional office of the
be laid and enforced in accordance with the laws of Congress in which it had Department of Labor for injury sustained by him while under the employ of
authorized such action. the petitioner. The award having been final and executory declared by
WCC, the regional office of the department of labor issued a writ of
execution against the properties of the petitioner pursuant to the
Workman's Compensation Act.
Civil Aeronautics Board v. Philippine Air Lines
The CAB imposed a fine upon AL for making a flagstop without first The court held that because of the amendment of the law, the
obtaining permission from the Board. authority to enforce awards transferred from the courts of justice
to the Regional Administrator and the Workmen's Compensation
The court held that the fine imposed was in the nature of a civil or Commission. It was expressly given to the commission or the duly
administrative action and that CAB had the power to impose fines deputized officials in the Regional Office of the Department of Labor.
for violations of the provisions of the enabling law as may be
necessary to prevent further violation of such provisions, or rules
and regulations so issued. The fine in this case was imposed because of
the violation of the CAB rules on flagstops without previous authority. If Potente v. Saulog Transit
every time the CAB would like to impose a civil penalty on an erring airline P, a former employee filed a claim with the Wage Administration Service
for violation of its rules and regulations, it would have resort to courts of for unpaid overtime compensation, unjust dismissal and vacation and sick
justice in protracted litigations, then it could not serve its purpose of leave pay allegedly due him. An investigator recommended the rendition of
exercising a competent , efficient and effective supervision and control over a decision finding that he was entitled to a sum of money. The acting chief
air carriers in their vital role of rendering public service by affording safe and recommended the approval of this decision and the same was approved. A
convenient air transit. few years later, he filed an action praying for the issuance of a writ of
execution with the CFI.
The court held that an ordinary suit in a court of justice is

Yao Git b. Geraldez required for recovery of unpaid wages. The law creating the WAS
Y was found by the members of the police suspicious and he was placed indicates clearly that an action must be brought in any competent court for
under arrest. To establish his identity, he was required to show his alien the recovery of unpaid wages. The action here refers to an ordinary civil
certificate registration, which he failed to do so, as a result of which the action and such must be brought with the courts, not the WAS. WAS was only
Fiscal filed 2 complaints against him, one for illegal gambling and another authorized to conduct mediation, and if the mediation fails, the
for violation of RA 562 (failure to show alien certificate registration). corresponding complaint shall be brought to court. The mediation was made
as a condition precedent to the institution before any competent court
The court held that the fiscal was without the authority to of an ordinary action for the recovery of the sum of money it
prosecute such claim since the commissioner was given the option considers due the claimant. Only the court can issue such writ of
by law to subject erring alien to administrative fine or endorse his execution.
criminal prosecution. By virtue of the amendment of the law,
commissioner of immigration was given the choice or option to elect and
decide upon the prosecution of the alien. The fiscal may not initiate the
prosecution unless such choice is elected by the commissioner of
immigration.

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Chapter VI – Judicial Review of or Relief Against Administrative terms of the role and statute and logically beyond the control
Actions of the latter.
 Where review is not provided by the statute – there is no
CONCEPT OF JUDICIAL REVIEW inherent right to judicial review of the action.
 Judicial Review – may embrace any form of judicial scrutiny of a o Appeal is a statutory origin and it is not a requirement of
matter which arises when such action is brought into question before a due process.
court. o In many situations, the constitution is held to require judicial
 Collaboration of courts and administrative agencies review even when the law does not provide for it and even if
o It brings the judicial process into conflict with the the law precludes judicial review.
administrative process and presents vital questions as to the o No special provision is necessary to confer upon the
relative roles of administrative agencies and the courts in out courts the authority already possessed by them under
system of government the constitution.
 Accommodation of administrative process into the judicial  Where review precluded or restricted by statute
system o There is a considerable area where legislative discretion may
o The role of the courts is the accommodations of the process grant or withhold, or narrow the scope and extent of judicial
into the tribunal judicial system and to reconcile democratic review, without infringing constitutional commands.
safeguards and standards of fair play with the effective conduct o Congress is constitutionally free to make an
of government. administrative determination final and immune from
o Questions of law or validity are for the court , while questions judicial review where it gives the administrative party
of fact or policy are determinable by administrative a right to elect in the first place between
agencies. They are, at best, advisory for it is the court that administrative or judicial relief.
finally determines what the law means. o The government is not bound to provide a remedy in the
 Policy of the courts courts. It may withhold all remedies or it may provide
o It is their policy not to interfere with the actions of administrative remedy and make it exclusive, however
agencies entrusted with the regulation of activities coming mistaken its exercise is.
under their special knowledge and training unless there is a o Congress may restrict the review to a single court and
clear showing of whimsical exercise of judgment or it need not provide for appeal to the SC.
grave abuse of discretion amounting to lack or excess o Provisions that the agency decision or action shall be subject
of jurisdiction considering that by their nature, they are in only to administrative review or shall be final or conclusive
the position to know the limits of their powers under have also been held to preclude judicial review where no
prevailing circumstances or situations. constitutional right was involved.
o Certiorari, prohibition and mandamus do not lie against o There can be no constitutional objection to making
the legislative and executive branches or the members thereof findings of fact conclusive if supported by evidence or
acting in the exercise of their official functions. to a provision that rules and regulations shall not be
set aside unless it appeals that the findings were
RIGHT TO JUDICIAL REVIEW against the weight of the evidence.
 Has reference to both the power and the right of the court to grant the  Where review is a matter of constitutional necessity – in such
review sought and the right in the person who invokes the power of the situations the court will provide relief or review though no statute
court. specifically provides therefor, and even though it attempts to preclude
 Where the right is granted by the statute it.
o Where it is provided, the right to appeal to the courts is to be o it springs from the concept of supremacy of the law which
determined by looking at the statute. lodges into the courts the inherent authority to determine the
o Where it provides for an appeal to the court of appeals, it constitutionality of statutes and therefore, the constitutionality
means that such bodies are co-equal with the RTC in

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of the exercise of legislative power delegated by congress to
agencies and from the principle of separation of powers.  How appeal taken
o Congress is without authority to nullify rights conferred o By filing a verified petition for review in 7 legible copies
by the constitution or divest the courts of powers vested with the CA with proof of service of a copy thereof on the
in them by the constitution. adverse party on the court or agency a quo.
 Where the administrative decision has become final and o Upon filing, the petitioner shall pay the docketing and
executory other lawful fees and deposit the sum of P500 for
o The doctrine of res judicata applies when the ff. requisites costs. Exemption from payment may be granted by the court
are present: upon a verified motion setting forth the grounds therefor.
 Final judgment or order  Contents of the petition
 Jurisdiction of the court over the subject matter and o Full names of the parties to the case (without impleading the
the parties court or agencies)
 Identity of the parties, subject matter and cause of o Accompanied by a clear legible duplicate original or certified
action. copy of the order or resolution appealed from, with the
 Where administrative decisions declare final and certified true copies of such material portions of the record as
unappealable by statute are referred to therein and other supporting papers.
o Even decisions which are declared by law to be final are not o State all material dates showing that it was filed within the
exempt from judicial review when so warranted as reglementary period
where want of jurisdiction, want of substantial basis in fact or o Contain a sworn certification against forum-shopping
in law, grave abuse of discretion, violation of due process,  Effect of failure to comply with requirements – ground for
denial of substantial justice, etc. dismissal.
o Factual findings of the agencies are not infallible and will be  Action on petition – the CA may require the respondent to file a
set aside when they fail the test of arbitrariness or comment on the petition, not a motion to dismiss, within 10 days from
upon proof of grave abuse of discretion, fraud or error of law. notice.
o The court may dismiss if it finds the same to be patently
RULES GOVERNING APPEALS FROM JUDGMENTS OF QUASI- without merit.
JUDICIAL AGENCIES  Contents of comment – comment shall be filed within 10 days from
 Where to appeal – it may be taken to the court of appeals within the notice in 7 legible copies and accompanied by clear legible certified
period and manner provided by law whether it involves true copies of such material portions referred to therein together with
questions of fact of law, or mixed questions of fact and law. other supporting papers.
 Period of appeal – 15 days from the notice of the award, o Point out insufficiencies or inaccuracies and state the reasons
judgment or final order or resolution or from the date of last why the petition should be denied or dismissed.
publication or of denial of petitioner's motion for  Due course – if the CA finds prima facie that the court or
reconsideration duly filed. agency concerned has committed errors of fact or law that
o Upon proper motion and the payment of the full amount of the would warrant reversal, it may give due course to the petition
docket fees before the expiration of the reglementary period. otherwise, it shall dismiss the same.
o An additional 15 days may be granted within which to file a  Transmittal of record – may require that original or certified true
petition for review. copies of the entire record of the proceedings be transmitted.
o No further extension shall be granted except for the most o May also require subsequent correction or addition to the
compelling reasons and in no case shall it exceed another record.
15 days.  Effect of appeal – it shall not stay the judgment sought to be
reviewed unless the CA shall direct otherwise upon such terms as it
may deem just.

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 Submission for decision – if given due course, the CA may set the
case for oral argument or require the parties to submit memoranda
within a period of 15 days from notice Board of Medical Education v. Alfonso
o the case is deemed submitted for decision upon filing of the Upon recommendation of the Board after 2 teams of inspector reported that
last pleading or memorandum required by the rules or CA. the respondent college fell very much short of the minimum standards set
for medical schools, the DECS ordered the closure of the school. However,
Note: the above rules do not apply to judgments and final orders or the lower court issued an injunction to restrain the implementation of the
resolutions issued under the Labor Code. order of the secretary.
 The CA may only pass upon errors assigned.
No court has competence to substitute its own opinion for that of
ADMINISTRATIVE FINDINGS AND CONSTRUCIONS GENERALLY the DECS secretary. In the first place, there is no law authorizing the
CONCLUSIVE appeal. It is not the function of the court to review the decisions of the
 The reviewing court may be re-examine or weigh once more the factual secretary whether or not the institution fails to meet the norms and
basis and sufficiency of the evidence submitted before the standards required for the permission to operate. The only authority is to
administrative bodies and substitute its own judgment for that of said determined whether or not the secretary acted within the scope of
body or to receive additional evidence that was not submitted to the his powers granted by law and the constitution. It was grave abuse for
administrative agency concerned. the judge to issue the questioned injunction. Courts should not disturb
 Substantial evidence is all that is needed to support an findings of fact by agencies by reason of their special knowledge and
administrative hearing. Courts will not disturb on appeal so long as expertise over matters failing under their jurisdiction. The latter are in a
such findings are supported by substantial evidence. better position to pass judgment on such matters.
o Occasionally, they may delve in such matters for compelling
reasons as where such are not supported by substantial
evidence, or vitiated by fraud, mistake, illegality of
imposition, etc. Gordon v. Veridiano II
o As a corollary, the SC is clothed with ample authority to A report on the "test buy" operation of the FDA prompted the Mayor of
review matters even if they are not assigned as errors Olongapo to revoke summarily the mayor's permit to operate of Y for
in the appeal, if it finds that their consideration is rampant violations of the Dangerous Drugs Act. Acting on the same
necessary to arrive at a just decision of the case. operation, FDA directed the closure of the drugstore for 3 days and the
 If not supported by substantial evidence, the same are not binding on payment of a fine for violation of another law, the Food Drugs and
the courts. Cosmetics Act. Later, FDA lifted the closure order. The lower court ordered
the nullification of the revocation of the mayor's permit and issued an
injunction prohibiting the mayor from doing acts directed towards the
San Miguel Corporation v. Secretary of Labor closure of the drugstore.
Y was dismissed by the SMC for alleged illegal trafficking in company medicines.
NLRC ordered the reinstatement of Y with backwages which decision was affirmed The court held that the FDA license is a condition precedent to the
by the Secretary of Labor. On certiorari, Y contends that the SC as no jurisdiction to
mayor's permit to operate a drugstore. However, while it may appear
review under the principle of separation of powers and that the review was not
provided for in the enabling law. that the applicant has complied with the pertinent laws, this fact alone does
not signify compliance with the particular conditions laid down by the local
The court ruled that the power exists though not expressly given by the authorities. Should the mayor find that the local requirements have not been
statute. There is an underlying power in the courts to scrutinize the act of such observed, the mayor must then, in the exercise of his own authority refuse to
agencies on questions of law and jurisdiction even though there is no right granted grant the permit sought. The power to approve a license includes the power
under the law. It is part of the system of checks and balances which restricts the to revoke it. If the FDA grants a license upon finding that the applicant has
separation of powers and forestalls arbitrary and unjust adjudications. complied with the Food, Drugs and Cosmetics Act, it is only for this violation
that the FDA may revoke the license. By the same token, having granted

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permit upon his ascertainment that the conditions thereof as applied have o Only after facts have been finally determined and a decision
been complied with, it is only for said violations of such conditions that the has been rendered may the appropriate judicial review be
mayor can revoke the permit. availed of by the party who feel aggrieved thereby.
 Threatened or pending action – judicial review is often denied for
In this case, the petitioner cannot claim the superior aptitudes of the FDA in lack of finality where the action of the agency is only anticipated, even
the enforcement of the pharmacy and drug addiction laws. though threatened, or where the action is still pending.
GROUNDS FOR DENYING RELIEF OR REVIEW

 Jurisdiction lies in the administrative agency
Macailing v. Andrada  An officer is not subject to the control of the courts in the exercise of
Over a land dispute, the District Land officer rendered a decision in A's the judgment and discretion which the law reposes on him as part of
favor, but his decision was later reversed by the Director of Lands. In turn, his official functions.
the Secretary reversed the decision of the director of lands. The secretary  Determinations of subordinates acting on orders of their superiors
denied a motion for reconsideration asserting that the decision has already which are under the control and subject to review by their superiors.
been final and executory after the lapse of 30 days from receipt of the  In advance of the agency's action
decision. However, the Asst. Executive Secretary reversed the decision of the  Threatened action
secretary of Agriculture.  Prior to final determination, the party seeking relief has not suffered a
present injury
The court held that in administrative law, an administrative
regulation adopted pursuant to law is law. Then, 30 days after the  Action requiring approval by superior – not final for purposes of
receipt of the decision, such decision becomes final and executory except in review. However, the fact that in some circumstances, the grant of
cases of mistake, inadvertence, etc. It is illogical, unreasonable and unfair for relief might have to be submitted for approval does not detract from
the executive branch of the government to set aside its own administrative the finality of an order denying relief.
rules, unless previously charged beforehand in a specific case for the  Pending of rehearing or administrative appeal
convenience of one of the parties. The decision of the assistant  Rules and regulations – regulations of an administrative agency are
secretary reversing the decision is null and void and of no effect. addressed to and set a standard of conduct for all to whom their terms
apply.
o Such rules, even though arbitrary are not subject to challenge
FINALITY OF ADMINISTRTIVE ACTION FOR PURPOSES OF in a judicial proceeding prior to the time when the action
REVIEW pursuant to such rules constitutes a present invasion of rights.
 Policy of the courts – courts are reluctant to interfere with action of No such invasion exists where such rules and
an administrative agency prior to its completion or finality the reason regulations are advisory only and not enforceable.
being that absent a final order or decision, power has not been fully  Purely administrative matters – may not be interfered with by
and finally exercised and there is usually no irreparable harm. courts.
 Order or decision o Generally true in respect to acts involving the exercise of
o A particular order may be held not subject to review because discretion and findings of fact except where the agency or
it does not constitute an order or it does not meet the official has gone beyond his authority or acted arbitrarily and
standards specifically laid down in the statute without regard to his duty or with grave abuse of discretion.
providing for the review. It could be a mere  Preliminary, procedural and interlocutory determinations
pronouncement or recommendation. o Universal rule: appeal to the courts will not lie from an
o The mere informality of a decision does not prevent interlocutory order unless such order affects the merits.
its review if otherwise final. o Interlocutory – when the substantial rights of the parties in
the action remain undetermined and when the cause is
retained for further action.

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 Denial of application for a stay available to enable a person aggrieved to complain against any tribunal
 Approval or disapproval of compromise agreement exercising judicial functions in character action without or in excess of
 Denial of application for rehearing jurisdiction with grave abuse of discretion. The burden, however, of showing
 Orders directing an investigation essential unfairness must be shouldered by him who claims such injustice.
 Appointing a conservator or conciliator The action taken by CAB did not offend against procedural due process.
 Reversing and remanding a case to take further
testimony.
o Certiorari is available against agencies whether the EXCEPTIONS TO THE DOCTIRNE OF FINALITY
order is interlocutory or not where due process was  The fact that a particular determination is not a final order for
not followed. purposes of statutory review has been held not to preclude the
availability of judicial review:
o to an interlocutory order affecting the merits of the
Nation Multi-Service Labor Union v. Agcaoili controversy
The compulsory arbitrator of the NLRC found respondent A Hotel guilty of o grant relief to preserve status quo
unfair labor practice. Such matter was passed upon by the NLRC and o when essential to protect rights asserted from injury
finally, by the Secretary of Labor. Notwithstanding the finality of the threatened
decision, respondent instituted an action with the CFI with prayer for o when the officer assumes to act in violation of the
preliminary injunction and nullity of the said decision. Without notice and constitution or other laws
hearing, the judge issued a preliminary restraining order. o when not reviewable in any other way but the
complainant will suffer great and obvious damage if
The court held that in this case, the appropriate step to take was to carried out
appeal to the President, as provided for in the enabling law. There o order made in excess of power
was an appeal or remedy both adequate and appropriate. It was in line with  Review allowed by statutory provisions
the executive determination, after the proclamation of martial law, to leave o Settled is the rule that the declaratory judgments law is
the solution of labor disputes as much as possible to agencies and applicable and appropriate in instances where there is no final
correspondingly, limit judicial participation. Prohibition is available decision or rule of an agency which could be reviewed by an
only when there is no remedy by appeal. existing remedy such as an appeal.
o Adjudication of legal rights in controversy between the citizens
and public officials, including members of the admin agencies,
in advance of threatened and erroneous action to the injury of
PAL v. Civil Aeronautics Board the plaintiff.
The Civil Aeronautics Board approved the application of JL for a
provisional permit to operate 4 aircraft effective from the receipt of the TIMING OF APPLICATION TO COURTS
resolution up to a time a decision is rendered by CAB on his application.  Doctrine of primary jurisdiction – determines whether initial
PAL filed a certiorari asserting that CAB failed to hear its evidence and that action should be taken by the court or by the administrative agency
there is no factual basis for the grant of authority. It appears, however, that  Doctrine of exhaustion of administrative remedies – controls
prior to the hearing, notice was sent to PAL and a hearing was held on the the timing of judicial review from adjudicative action of an agency.
profitability of JL's proposed services with PAL represented at such Applied to adjudication, not rule-making.
hearing. CAB asserts that the orders are interlocutory and are non-  Doctrine of ripeness for review – same as exhaustion, in essence,
appealable. except that it applies to rule making and to administrative action which
is embodied neither in rules or regulations nor in adjudication or final
The court held that certiorari is a remedy available against orders.
administrative agencies and that despite this, the requirement of
due process was observed by CAB. It is fundamental that a certiorari is

2A | Batch 2014 | 50
DOCTRINE OF PRIMARY JURISDICTION procedure and of impending harm, to permit short-circuiting
 Concept – refers to cases involving specialized disputes which are of the process.
referred to an agency of special competence to resolve the same.
o Applies only when it is exercising quasi-judicial function. APPLICATION OF THE DOCTRINE:
o Courts cannot and will not determine a controversy  Where the elements of administrative discretion important
involving a question within the jurisdiction of an considerations
agency, especially when the question demands the o Prior resort would be required where the elements of the
exercise of sound administrative discretion requiring administrative discretion are often important considerations,
special knowledge, experience and services to such as in cases involving issuance and revocation of licenses
determine technical intricate matters of fact and and the enforcement of licensing rules.
where a uniformity of ruling is essential to comply  Where reasons for doctrine inapplicable
with the purposes of the regulatory statute o When application involves exercise of judicial
administered. discretion – the doctrine of primary jurisdiction is not
o When the controversy is initially lodged in the agency, the inflexible. Whether or not to be imposed is to depend on the
court suspends its action on the case before it pending the determination whether congress intended the issued to be left
outcome of the administrative proceedings even if no to the agency for initial determination. Where the intent is
prejudicial question is involved. absent, the courts are free to determine on the basis of the
o Applies where a claim is originally cognizable in the courts and policy consideration the need of prior resort to administrative
comes into play whenever enforcement of the claim requires determination.
the resolution of issued which under a regulatory scheme, have o Issues involving questions of law – agency
been placed within the special competence of the determinations should be limited to questions of fact and
administrative body. questions requiring the skills of specialists. Questions of law
 Reasons for the doctrine may be determined by in the first instance by the
o To take full advantage of the administrative expertness courts.
o Attain uniformity of application of regulatory laws which can  Where concurrent jurisdiction is conferred – the doctrine is
be secured only if determination of the issue is left to the clearly applicable whenever courts and administrative agencies have
administrative body. concurrent jurisdiction.
 Subsequent resort to judicial action is not precluded
o The doctrine only requires that the issues be addressed to the DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
agencies first rather than to the tribunals for relief if issues  Doctrine of exhaustion of administrative remedies requires
involved are such that they can be presented in the first that where a remedy within an administrative agency is provided or
instance to the former. But subsequent judicial action is still available against the action of an administrative board, body or officer,
allowed. and can still be resorted to by giving the said agency every opportunity
 Exclusive jurisdiction may be explicit or implicit to decide correctly given matter that comes within its jurisdiction,
o The law may give the agency exclusive jurisdiction to make relief must first be sought by availing this remedy before
initial determination and it may give a particular court bringing an action in or elevating it to the courts of justice
jurisdiction to review the action in a designated way at a for review.
designated time. o Allow the agency to first carry out its functions and discharge
o But where it is only implicit, it must clearly appear that its responsibilities within the specialized area of its
intent of congress is to require administrative competence before resort can be made to the courts.
determination, either to the exclusion of judicial o Premature invocation of a court's intervention is fatal
action or in advance of it, and in such case, a strong to one's cause of action.
showing is required, both of the inadequacy of the prescribed

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LEGAL AND PRACTICAL REASONS FOR DOCTRINE o The parties are to take full advantage of the administrative
 Only after the administrative remedies are exhausted at the highest proceedings afforded to them to prevent private litigants from
level within the administrative system may judicial recourse or ousting administrative bodies from the exercise of
intervention be allowed. adjudications properly committed to them.
 It determines what stage a person may secure review of o Only judicial review of decisions of administrative
administrative action and is concerned with promoting proper bodies made in the exercise of their quasi-judicial
relationships between courts and agencies charged with function is subject to the exhaustion doctrine.
particular regulatory duties.  As affecting one's cause of action – the authorities are not in
 It involves a policy of: accord as to whether the application of the doctrine is in the discretion
o Orderly procedure which favors a preliminary administrative of the court or goes to its jurisdiction and does not permit the exercise
sifting process particularly those matters within the of discretion.
competence of the administrative authorities who are o The court may relax the rule and such may be waived by the
presumed to be experts in their respective fields of parties and the proceedings will be entertained by the courts
specialization, and therefore their decisions as a rule should o But in other cases, where the doctrine will apply, the court was
not be disturbed by the courts of justice. held to be without jurisdiction to act and may not relax the rule
o Avoidance of interference of functions. Withhold judicial in its discretion. This is particularly true when the enabling law
action until the administrative process has run its gives exclusive jurisdiction to the agency and in view of the
course. rule that right to appeal is statutory, the appeal is
o Prevention of attempts to resort to the courts in the first dependent on the compliance with the terms of the
instance. stature authorizing the review.
 Availment of administrative remedies entails lesser expenses and o However, in our jurisdiction, failure of a party to exhaust
provides for a speedier disposition of controversies. the procedure in administrative proceedings affects his cause
 Separation of powers (enjoins upon the judiciary a becoming policy of of action, not the jurisdiction of the court over the
non-interference with matters within the competence of the subject matter. Hence, it is a ground for dismissal.
departments). o Exhaustion must be raised at the earliest time possible
 Based also on the convenience of the party litigants even before the filing of the answer to the complaint. Failure to
 Rests upon the presumption that official acts are correct and invoke it operates as a waiver of the objection and the court
lawful and that if an error has been committed, the superiors, if given may proceed with the case as if the doctrine has been observed.
the opportunity, will decide the same correctly or correct any previous
error, if any, committed in the administrative forum, thus rendering Note: the only effect of non-compliance with the doctrine is to render
judicial intervention unnecessary. the action premature.
 Only one aspect of the broader doctrine which requires final
administrative action as a pre-condition or pre-requisite of INSTANCES WHERE THE DOCTRINE HAS BEEN APPLIED
judicial review.  Certiorari cannot be sustained where the administrative remedies were
not exhausted. A motion for reconsideration must be filed first before
Note: The person who has an administrative remedy, must pursue its the special civic action may be availed of.
appropriate conclusion before seeking judicial intervention in order not to only  Remedy of the court cannot be sought when the party failed to file a
give the agency an appropriate opportunity to act and correct alleged errors, motion for reconsideration or an appeal of the case with the
but also to prevent unnecessary and premature resort to the courts. administrative agency or where the request for reconsideration with
the agency has not yet been resolved at the time of the filing with the
APPLICATION OF THE DOCTRINE courts.
 As a prerequisite to judicial review – in some instances, the  Where the person could have appealed it to the president before the
statute makes the exhaustion of remedies a pre-condition of regular courts, there is no exhaustion of administrative remedies.
the right to seek the intervention of courts.

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 It is the duty of the party aggrieved to ascertain what could still be performed by it pursuant to its quasi-judicial function
done by the higher authorities before filing a case in court. is subject to exhaustion.
 It is the legal obligation of the petitioner to appeal to a board who has  Where the questions involved are essentially judicial.
the power to modify or annul an order or circular before resorting to  Where there is estoppel on the part of the party invoking the doctrine
the court. or where the administrative body is in estoppel to invoke the doctrine.
 A suit filed in court to restrain a commissioner from hearing a  If it should appear that an irreparable damage or injury will be suffered
deportation case is premature where no hearing has been conducted by a party unless a resort to the court is immediately made.
and no conclusion was reached in an administrative proceeding. o A preliminary injunction may be granted where it appears that
 Where the petitioners had the opportunity or right to oppose, which in there is a substantial controversy between the parties and one
fact they did, when they filed a motion for reconsideration and later, of them is committing an act or threatening the immediate
when the motion was denied, they appealed to the secretary, there is commission of an act that will cause irreparable injury or
no denial of due process. destroy the status quo of the controversy before a full hearing
o Whether a motion for reconsideration is essential before filing can be had on the merits.
a case in court would largely depend on the pertinent law, the  Where there is no other plain, speedy or adequate remedy in the
rules of procedure and the usual practice in the agency. ordinary course of law
o The urgency of the case can compel the parties to go to court to
EXCEPTIONS TO THE DOCTRINE stop the violations.
 where by the terms of the statute, the administrative remedy is  Where the respondent officer acted in utter disregard of due process as
permissive, not exclusive, cumulative, or concurrent or where there is where one had been dismissed without any administrative charges
grave doubt as to the availability of the administrative remedy, having filed not any investigation conducted.
warranting the conclusion that the legislature intended to allow  Where insistence on its observance would result in the nullification of
judicial remedy even though the administrative remedy has not been the claim being asserted as where the period within which to bring the
exhausted. case to court is limited by law, said period not being interrupted by the
 where the issued involved are not questions of fact but one of pure law filing of any administrative remedy.
and nothing of an administrative nature or where the act is patently  When there is a long continued and unreasonable delay or official
illegal, arbitrary or oppressive or clearly devoid of any color of inaction that will unretrievably prejudice the complainant.
authority or has been performed in excess of jurisdiction or with grave o As in a case where the officials were already given the
abuse of discretion. opportunity to act on the petition for review. The sending of
o Where the questions do not depend upon undisputed facts, the petition for review was held to be substantial compliance
judicial relief may be sought. with the requirement of exhaustion.
o Appeal to the administrative officers would be a futility since  When there are special reasons or circumstances demanding
they cannot decide such issues with finality as they will immediate judicial intervention
ultimately have to be decided by the courts of justice.  Where the amount involved is relatively small so that to require
o Where the issue is purely legal which inevitably calls for the exhaustion would be oppressive and unreasonable
application and interpretation of the law (e.g. Civil Code) the  When no administrative review is provided as a condition precedent to
doctrine has no bearing in the case. the taking of an action in court
 Where the issue raised is the constitutionality of the statute.  In land cases, where the land subject of litigation is not part of public
o But not on the sole fact that the party urges a violation of the domain
rights secured by the constitution in the absence of showing of o The doctrine is not applicable even to private lands acquired
an inadequacy of prescribed administrative relief threatened or by the government by purchase for resale to the individuals
impending irreparable injury.  However, in public land cases, the issues should be confined to
o when what is assailed is the constitutionality of the controversies arising out of the disposition or alienation of public
statute, the regular courts have jurisdiction. But an act lands or to the determination of the respective rights of rival claims to
public lands, and not to possessory actions involving public

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lands which are limited to a determination of who has the actual o Performed in excess of jurisdiction
physical possession. o No due process
 Where the respondent is a department secretary, whose act, as an alter o No other recourse
ego of the president bears the implied or assumed approval of the Note: distrust with the administrative agency alone, unsupported by concrete
latter, unless actually disapproved by him particularly where they are evidence, is not sufficient reason to dispense with the doctrine.
declared as final and unappealable.
o Doctrine of qualified political agency (action of the EXHAUSTION DOCTRINE AND PRIMARY JURISDICTION
department secretary ad the alter ego of the president is DOCTRINE DISTINGUISHED
deemed to be that of the latter and therefore, the failure to
appeal to the office of the president cannot be considered a Exhaustion Doctrine Primary Jurisdiction
violation of the exhaustion rule. Invoked as a defense to judicial Arise where both the court and
o appeal to the president is usually the last step to take. review of an administrative action administrative agency have
o But where the law expressly provides for exhaustion, the not yet deemed complete. Applies jurisdiction to pass on a question
appeal to the president is still proper, even under the doctrine where the claim of matter is which in a particular case is
of qualified political agency. cognizable in the first instance by an presented to the court as an original
 Where the administrative officer has not rendered any decision or administrative agency alone. matter rather than a matter of
made any finding of any sort, the rule of prior exhaustion does not review.
apply. Not applicable where the issue is
o There is an assumption that the body, if given a chance to purely legal within the jurisdiction of Relates to particular issues in a
correct its mistake, may amend his decision on a given matter. the courts. It is also not applicable proceeding rather than the entire
It follows therefore that there has some sort of a decision, that where a party has a right of election proceeding and typically operates
is ripe for review and properly the subject of an appeal to a between an administrative and through a suspension of the
higher administrative body or officer for the principle to judicial remedy. judicial process pending
operate. referral of such issues to the
o Thus, where the director has not rendered any administrative agency.
decision and is in fact just about to conduct an
investigation of a case which happens to be the very act It is applied in the face of statutes
sought to be prevented, the remedies cannot e resorted to purporting to permit a choice of
although available. remedies.
 Where the plaintiff in the civil action for damages has no Both do not apply where the issue, while properly determinable by an
administrative remedy available to him, he is not required to exhaust administrative agency, involves purely a question of law there being no
the remedies before filing a complaint although the same incident question of fact and no question requiring expert judgment.
complained of in the administrative case filed by the defendant is the
subject matter of the action for damages filed by the plaintiff.
o The cause of action in the administrative case is different from Quintos Jr. v. National Stud Farm
the civil case for damages. Plaintiff here is the legitimate owner of a race-horse which he registered
o In the administrative case, it is the government that is the with the NSF thereby entitling it to participate in horse races and
aggrieved party and no award for damages may be granted in sweepstakes. Right before the race, his horse was excluded from taking part
favor if private persons. because apparently, its certificate of registration has been withdrawn or
o The civil action for damages can proceed notwithstanding the cancelled without notice and hearing. He filed a case in court. The TC
pendency of the administrative action. dismissed the case and he was asked to appeal to file a reconsideration to
 Where a strong public interest is involved the Board of Trustees of NSF.
 Other cases
o Where the act is patently illegal The court held that the suit was prematurely instituted. He gave no

2A | Batch 2014 | 54
reason for his failure to exhaust the administrative remedies. The doctrine of
primary jurisdiction or prior resort foes no further than to determine RELATION BETWEEN EXHAUSTION DOCTRINE AND DUE
whether it is the court or the agency that should make the initial decision. PROCESS CONCEPT
The fact that a government authority is empowered to deal with a given type  Exhaustion and due process are separate and distinct concepts , but
gives rise to a presumption that it has exclusive jurisdiction over the matter. they embody linked and related principles.
In this case, the question could have been resolved in a manner satisfactorily Exhaustion Doctrine Due Process
to the parties if the Games and Amusements Board which certainly had the Applies when the ruling court or A violation occurs when a court or
necessary qualifications to view its manifold aspects. In effect, there was an tribunal is not given the opportunity tribunal rules against a party without
unwarranted disregard of the concept of primary jurisdiction. to re-examine its findings and giving him or her the opportunity to
conclusions because of an available be heard.
opportunity that a party seeking
Industrial Enterprises v. Court of Appeals recourse against the court or the
IEI was granted a coal operating contract by the government through the tribunal's ruling omitted to take.
BED. IEI and MMC executed a memorandum of agreement whereby IEI Based on the perspective of the Considered from the point of view of
assigned to MMIC all the former's rights in the 2 coal blocks covered by its ruling of the court the litigating party against whom a
coal operating contract. Subsequently, for alleged violation of the coal ruling was made.
operating contract, IEI filed an action in court for rescission of the
memorandum of agreement with damages. DOCTRINE OF RIPENESS FOR JUDICIAL REVIEW
 Also determines the point at which the courts may review
The court held that BED has jurisdiction over the case. While the administrative action except that it applies to administrative
action herein appears to be an ordinary civil contract cognizable by a civil action other than adjudication.
court, the fact is that the MOA sought to be rescinded is derived form a coal- o judiciary machinery should be conserved for problems which
operating contract and is inextricably tied up with the right to develop coal- are real and present or imminent and should not be
bearing lands. Its action is not merely the rescission of a contract but the squandered on problems which are future, imaginary or
reversion or return to it of the operation of the coal blocks. These remote.
matters fall within the domain of BED which is tasked to establish a o Statutes are invalid only if unconstitutional but that
comprehensive and integrated national program for the exploitation and regulations are invalid only if they are either unconstitutional
development of the country's coal resources. or in excess of statutory authority.
o Statutes have the force of law but that regulations may be
If the case is such that its determination requires the expertise, specialized either legislative, interpretative and interpretative regulations
skills and knowledge of the proper administrative bodies because technical may sometimes lack the force of law.
matters or intricate questions of facts are involved, then the relief must first
be obtained in an administrative proceeding before a remedy will APPLICATION OF THE DOCTRINE
be supplied by the courts even though the matter is within the  An issue is normally ripe for judicial determination when
proper jurisdiction of a court. Since the question of what coal areas interests of the plaintiff are in fact subjected to or
should be exploited and developed and which entity should be granted coal imminently threatened with substantial injury.
operating contracts over said areas involves a technical determination by the  A statute may be ripe for constitutional challenge in advance of official
BED, the doctrine finds application in this case. action, if the statute is self executing (mere existence without
enforcement).
However, the case is not to be dismissed it need only be suspended until  A statute enforceable through criminal prosecution should be subject
after the matters within the competence of the BED are threshed to challenge in a suit for injunction or declaratory judgment brought by
out and determined. a party who is immediately confronted with the problem of complying
or violating.

2A | Batch 2014 | 55
 A debilitating legal uncertainty by reason of which private parties may administrative action is available for the initial decision of some
be injured seriously enough should justify resort to judicial machinery. questions.
 When the plaintiff is substantially harmed by the vagueness of a Function is merely to determine
statute, the vagueness should not be deemed a ground for refusing to which tribunal will make the initial
determine whether the statute is void for vagueness. determination and not which shall
 Instruction issued by an agency where no administrative remedy is make the final determination.
available and the party affected is immediately confronted with the SCOPE AND EXTENT OF JUDICIAL REVIEW
choice between compliance and non-compliance and violation of the  Types of agency determination for purposes of judicial
instruction is a criminal offense. review
 That governmental action is contingent upon the plaintiff's action or o Determinations of law – fully reviewable
upon other evens do not necessarily mean that the action is unripe for o Determinations of fact – review is limited to finding the
challenge, the test is still whether substantial injury to the existence of substantial evidence
plaintiff is present or imminent. o Discretionary determinations – to ascertain whether the action
 When substantial adverse effect upon the plaintiff is neither present was arbitrary or capricious
nor imminent, the issue of legality should normally be deemed unripe  General frame of power
for judicial determination except that the courts should recognize a o Keep the administrator within the valid statute which guides
judicial discretion to decide the issue of legality in special him and keeps him from unreasonable excesses in the exercise
circumstances. of his function and to ascertain whether there is warrant in law
and the facts for what the administrative agency has done.
RIPENESS DOCTRINE AND EXHAUSTION DOCTRINE  Review is limited
DISTINGUISHED o Limited in regard to findings of fact and to expert judgments of
an administrative agency acting within authority.
Ripeness Doctrine Exhaustion Doctrine o It is not the power to determine whether the action is right,
Both are concerned with the timing of judicial review of administrative correct, wise, proper, advisable, expedient, or best fitted to the
action. situation involved.
Focuses upon the nature of the Focuses on the relatively narrow o No relief is available for mere error or honest error by an
judicial process (upon the types of question of whether a party should agency particularly in a collateral proceeding.
functions the courts should perform) be required to pursue an o Agencies are reviewable and reversible for mistake of
administrative remedy before going law or an erroneous view of law.
to court. o The courts will not inquire to motives which impel the action
Applied to rule-making and Applied to adjudicative action of an of agencies for that does not affect the legality or validity of the
administrative action not involving administrative agency action except where it involves fraud, malice, or intentional
rule-making and adjudication. wrongdoing.
o Their determination as to the application of law is accorded
RIPENESS DOCTRIE AND PRIMARY JURISDICTION DOCTRINE great weight. It is presumed that the administrative
DISTINGUISHED determination is correct, legal and just. The burden of proof is
on the party assailing the regularity of official proceedings.
Ripeness Doctrine Primary Jurisdiction
Determine at what stage a party may Determines whether or not the JUDICIAL REVIEW DOES NOT IMPORT TRIAL DE NOVO
secure judicial review of agency should make the initial  It is only an ascertainment of whether the administrative findings are
administrative action decision. not in violation of the constitution or the laws, and are free from fraud
Questions of ripeness and exhaustion Arise only when administrative and or imposition and whether they find reasonable support in evidence.
may arise whenever judicial review of judicial jurisdictions are concurrent

2A | Batch 2014 | 56
o Administrative decision in matters within the executive or writs such as certiorari, mandamus, habeas corpus, quo
administrative jurisdiction can only be set aside on proof of warranto, and prohibition.
gross abuse of discretion, fraud or error of law.
o The trial cannot be a trial de novo since a review of the RELATION BETWEEN 2 METHODS
findings is limited to the evidence already presented before the  When a statute provides a direct method of judicial review of
body. agency action and is applicable, such method of review may be
o The rule bars the presentation of evidence aliunde and regarded as exclusive and to preclude the use of any other non-
limits the court's function to determining whether statutory method.
there is evidence in the administrative records o Some cases hold that it is not exclusive, but rather, must be
substantial enough to support the findings therein. exhausted as a prerequisite to judicial relief by some other
methods.
METHODS OR MODES OF RELIEF OR REVIEW o In some cases, despite the existence of a statutory review,
 direct or collateral (indirect) e.g. damage suits, restitution review by other means is allowed especially as to acts which
 statutory or non-statutory e.g. remedy not made available by a are entirely unwarranted or where exceptional circumstances
statute relating to action of administrative agency or agencies. exist and inadequacy of the statutory remedy may provide a
basis for relief by some other method.
Note: Choice of remedy is a matter of importance since once remedy may be
more expeditious or less burdensome than another and the scope of review
may vary with the remedy.
STATUTORY METHODS OF REVIEW

 where the remedy itself governed by statute
o where the remedy itself is governed by statutory provisions
although the express terms of such statute relating to
administrative agencies make no provision that this remedy
shall be available for the review of agency action.
 Where proceedings in court required by statute for
enforcement of administrative decisions
o Where a statute governing the action of an agency does not
permit the enforcing of an administrative decision except by
proceedings in a court to be instituted by the prevailing party
or the administrative agency itself and these proceedings are
designed for judicial review of the agency action.
 Where direct judicial review afforded by legislation
providing generally for such review
o Direct review proceedings – afforded by legislation
providing generally for review of action of administrative
agency and prescribing the manner and extent of such review
whether by appeal, injunction, declaratory judgment, or a
petition to a court of original jurisdiction.
NON-STATUTORY METHODS OF REVIEW

 In the absence of statutory provisions for review, relief may be had in
appropriate cases by means of the common law prerogative

2A | Batch 2014 | 57

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Administrative Law Reviewer (Atty. Alberto A.

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

POWERS AND FUNCTIONS OF DEPARTMENT SECRETARY RELATIONSHIP OF GOCCS TO THE DEPARTMENT

Erandio, Athena Louise

Erandio, Athena Louise

It is the power or right conferred One performed in response to a duty

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Pelaez v. Auditor General

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Eastern Shipping Lines v. POEA

Erandio, Athena Louise

Erandio, Athena Louise

DELEGATION OF LEGISLATIVE POWERS TO LOCAL

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

DUE OF ADMINISTRATIVE BODY TO CONSIDER THE EVIDENCE

Erandio, Athena Louise

Erandio, Athena Louise

Erandio, Athena Louise

Bautista v. Workmen's Compensation Commission

Erandio, Athena Louise

Erandio, Athena Louise

Estate of Florencio Buan v. Pampanga Bus Co.

Philippine Movie Pictures Worker's Association v. Premier

Erandio, Athena Louise

Erandio, Athena Louise

WHERE ADMINISTRATIVE AGENCY IS A COLLEGIATE BODY

Erandio, Athena Louise

Erandio, Athena Louise

 Judicial enforcement – except as may be provided by the statute,

Erandio, Athena Louise

The court held that an ordinary suit in a court of justice is

Erandio, Athena Louise