Administrative Law Notes

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San Beda College-Manila

College of Law
JL (Juanico and Limpot) Notes in Administrative Law
ADMINISTRATIVE LAW REVIEWER
CHAPTER 1: GENERAL legal control exercised by law

CONSIDERATIONS administering agencies other than
courts, and the field of control exercised
Nature by courts over such agencies.
Administrative Law is that branch of - Justice Felix Frankfurter of the
modern law under which the executive United States Supreme Court
department of the government, acting in
a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of
the individual for the purpose of Two Major Powers of Administrative
promoting the well-being of the Agencies:
community, as under laws regulating
(1) Quasi-Legislative Authority (Rule-
public interest, professions, trades and Making Power); and
callings, rates and prices, laws for the
(2) Quasi-Judicial Power
protection of public health and safety, (Adjudicatory Function).
and the promotion of public
convenience. Object and Scope:
- Dean Roscoe Pound of Harvard Regulation of private right for public
Law School welfare
Administrative Law is that part of Origin and Development
public law which fixes the organization
of the government and determines the Origin: Legislation
competence of the authorities who
Justification: Expediency
execute the law and indicates to the
individual remedies for the violation of Doctrine of Separation of Powers
his rights.
All rules of conduct are supposed to be
- Professor Frank Johnson laid down directly by the legislature,
Goodnow of Columbia University subject to the direct enforcement of the
Administrative Law is that branch of executive department, and the
the law which deals with the field of application or interpretation, also
directly, by the judiciary.
JL Notes in Administrative Law
Contributed by: Lyan David “Yadj” M. Juanico & Kent Joseph B. Limpot, 2S,
S.Y. 2014-2015 Page 1
That in all things, god may be glorified!
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However, this doctrine is not absolute. - Philippine Association of

The exception to this rule is the Service Exporters, Inc. vs.
delegation of powers to administrative Sec. Franklin Drilon
agencies.
(3) Rules and regulations issued by
Reason: With the growing complexity of the administrative bodies in
modern life, the multiplication of the pursuance of the purposes for
subjects of governmental regulation and which they were created.
the increased difficulty of administering - Omnibus Rules
the laws, there is a constantly growing Implementing the Labor
tendency towards the delegation of Code by the Department
greater powers by the legislature, and of Labor and Employment
towards the approval of the practice by - Regulations of the
the courts. Commission on
Present Status Immigration and
Deportation
Administrative Law is still in a state of
flux because of the instability of the (4) Determinations and orders of the
administrative body itself, which is administrative bodies in the
created today, abolished tomorrow and settlement of controversies
revived next day. arising in their respective fields.
- Awards of the National
Sources Labor Relations
Commission
(1) Constitutional or statutory
enactments creating Administration
administrative bodies
- Article IX of the 1987 As a Function: It refers to the
Constitution aggregate of individuals in whose hands
- Social Security Act the reins of government are for the time
being.
(2) Decisions of courts interpreting
As an Institution: It means the actual
the charters of administrative
running of the government by the
bodies and defining their powers,
rights, inhibitions, among others, executive authorities through the
enforcement of laws and the
and the effects of their
implementation of policies.
determinations and regulations.

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Government is the agency or CHAPTER 2: ADMINISTRATIVE

instrumentality through which the will of AGENCIES
the State is formulated, expressed and
realized. Administrative agency is a body
endowed with quasi-legislative and
Internal Administration covers those quasi-judicial powers for the purpose of
rules defining the relations of public enabling it to carry out laws entrusted to
functionaries inter se and embraces the it for enforcement or execution.
whole range of the law of public officers.
Agency
External Administration defines the
relations of the public office with the  It is any of the various units of the
public in general. Government, including a
department, bureau, office,
instrumentality, or government-
owned or controlled corporation,
Distinguished from Law or a local government or a
Law is an impersonal command distinct unit therein.
provided with sanctions to be applied in  Any department, bureau, office,
case of violation. commission, authority or officer of
the National Government
Administration is preventive rather authorized by law or executive
than punitive and is accepted to be order to make rules, issue
more personal than law. licenses, grant rights or privileges
and adjudicate cases; research
Example: All of us must pay taxes. institutions with respect to
Failure to do so would amount to tax licensing functions; government
evasion. On the other hand, the Bureau corporations with respect to
of Internal Revenue announces through functions regulating private right,
the mass media the deadlines for tax privilege, occupation or business;
payments. The former characterizes and officials in the exercise of
what the law provides while the latter disciplinary power as provided by
involves administration. law.
Department refers to an executive
department created by law.

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Bureau is any principal subdivision of 3 Administrative Relationships:

any department. (1) Attachment;
(2) Supervision and control; and
Office (3) Administrative supervision.
 It refers, within the framework of
government organization, to any Attachment refers to the lateral
major functional unit of a relationship between the department or
department or bureau, including its equivalent and the attached agency
regional offices. or corporation for purposes of policy and
 It may also refer to any position program coordination.
held or occupied by individual
persons whose functions are The coordination may be accomplished
defined by law or regulation. by:
Instrumentality: [ANFCFAC] (1) Having the department

 Any agency of the National represented in the governing
board of the attached agency or
Government;
corporation for purposes, either
 Not integrated within the
as chairman or as a member,
department framework;
with or without voting rights, if
 Vested with special functions or
permitted by the charter;
jurisdiction by law; (2) Having the attached corporation
 Endowed with some, if not all, or agency comply with a system
corporate powers; of periodic reporting which shall
 Administering special funds; and reflect the progress of programs
 Enjoying operational autonomy, and projects; and
 Usually through a charter. (3) Having the department or its
equivalent provide general
The term instrumentality includes: policies through its representative
(1) Regulatory agencies;
in the board, that will serve as the
(2) Chartered institutions; and
framework for the internal policies
(3) Government-owned or controlled
of the attached corporation or
corporations.
agency.
Chartered institution refers to any
agency organized or operating under a Supervision and Control shall include:
special charter, and vested by law with
functions relating to specific (1) Authority to act directly whenever
constitutional policies or objectives. a specific function is entrusted by

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law or regulation to a (4) To review and pass upon budget

subordinate; proposals of such agencies but
(2) Direct the performance of duty; may not increase or add to them;
restrain the commission of acts;
(3) Review, approve, reverse or Such authority shall not, however,
modify acts and decisions of extend to:
subordinate officials or units;
(4) Determine priorities in the (1) Appointments and other
execution of plans and programs; personnel actions in accordance
and with the decentralization of
(5) Prescribe standards, guidelines, personnel functions under the
plans and programs. Code, except when appeal is
made from an action of the
Administrative Supervision shall be appointing authority, in which
limited to the: case the appeal shall be initially
sent to the department or its
(1) Authority of the department or its equivalent, subject to appeal in
equivalent to generally oversee accordance with law;
the operations of such agencies (2) Contracts entered into by the
and to insure that they are agency in the pursuit of its
managed effectively, efficiently objectives, the review of which
and economically but without and other procedures related
interference with day-to-day thereto shall be governed by
activities; appropriate laws, rules and
(2) Require the submission of regulations; and
reports and cause the conduct of (3) The power to review, reverse,
management audit, performance revise, or modify the decisions of
evaluation and inspection to regulatory agencies in the
determine compliance with exercise of their regulatory or
policies, standards and quasi-judicial functions; and
guidelines of the department;
(3) To take such action as may be
necessary for the proper Government-Owned or Controlled
performance of official functions, Corporation is any agency organized
including rectification of as a stock or non-stock corporation
violations, abuses and other vested with functions related to public
forms of maladministration; and needs whether governmental or

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proprietary in nature, and owned by the Council, Committee, Office and

government directly or through its the like.
instrumentalities, either wholly or, where
applicable, as in the case of stock Creation and Abolition of an
corporations, to the extent of at least Administrative Agency
51% of its capital stock.
It is created by:
Authority has been used to designate (1) Constitution; or
both incorporated and non-incorporated (2) Statute.
agencies and instrumentalities of the It is abolished by:
government.
(1) Constitutional amendment; or
Nature of an Administrative Agency (2) Amendment or repeal of its
charter.
 It may be regarded as an arm of
legislature insofar as it is Types of Administrative Agencies:
authorized to promulgate rules. (1) Offer some gratuity, grant or
 It may also be loosely considered special privileges;
a court because it performs - Philippine Veterans
functions of a particular judicial Administration
character. (2) Carry on the actual business of
 It pertains to the executive government;
department because its principal - Bureau of Customs
function is the implementation of (3) Perform some business service
the law. for the public;
 It is composed of persons who - Bureau of Posts
are experts in the particular field (4) Regulate businesses affected
of specialization under its with public interest or public
jurisdiction. utilities;
 According to the Supreme Court, - Land Transport
the Court Tax Appeals is a Franchising and
special court dedicated Regulatory Board
exclusively to the study and (5) Regulate private businesses and
consideration of tax problems. It individuals under the police
is not an administrative agency. power;
 Various Names: Board, - Securities and Exchange
Commission, Authority, Commission
Administration, Bureau, Agency,
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(6) Adjust individual controversies legislature can also abolish them.

because of some strong social Their salaries, emoluments and
policy; and appropriations are subject to the
- National Labor Relations discretion of the legislature.
Commission  They are under the constitutional
(7) Make the government a private control of the President which
party. control cannot be withdrawn or
- Government Service limited even by the legislature.
Insurance System  The courts can review or even
reverse the administrative acts
Doctrine of Qualified Political Agency even of the Chief Executive.
Courts cannot be deprived of
As a rule, the acts of the cabinet
their inherent power to decide all
members are considered as acts of the
questions of law, particularly if
President. The cabinet members are the
they have been initially resolved
alter egos of the President. Under this
by administrative agencies.
doctrine, the power of the President to
reorganize the National Government CHAPTER 3: POWERS OF
may validly be delegated to his cabinet ADMINISTRATIVE AGENCIES
members exercising control over a
particular executive department. Quasi-Legislative
Advantages of Administrative It is otherwise known as the power if

Agencies subordinate legislation and permits the
body to promulgate rules intended to
 They have the expertise. carry out the provisions of particular
 They are adaptable to change laws.
because of their flexible nature.
 Unlike courts of justice, they can It involves the prescribing of a rule for
initiate action and not simply the future and is regarded as public.
wait for their jurisdiction to be
It is the authority delegated by the law-
invoked.
making body to the administrative body
Relation to Other Departments to adopt rules and regulations intended
to carry out the provisions of a law and
 They are agents of the legislature implement legislative policy.
when the exercise the powers
delegated to them. The Reason for this Power: It is impractical
for the lawmakers to provide general
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regulations for various and varying delegate, it will have nothing to do but to
details of management. enforce it.
Administrative Rule Sufficient Standard Test
It is any agency statement of general The law must offer a sufficient standard
applicability that implements or to specify the limits of the delegate’s
interprets a law, fixes and describes the authority, announce the legislative
procedures in, or practice requirements policy, and specify the conditions under
of, an agency, including its regulations. which it is to be implemented. The
following are examples of sufficient
It includes memoranda or statements standards: public interest, simplicity,
concerning the internal administration or economy, efficiency and public welfare.
management of an agency not affecting
the rights of, or procedure available to, Quasi-Judicial
the public.
It is the power of adjudication which
Rule-Making means an agency process enables the administrative body to
for the formulation, amendment, or resolve, in a manner essentially judicial,
repeal of a rule. factual and sometimes even legal
questions incidental to its primary power
Distinguished from Legislative Power of enforcement of the law. It involves the
application of a rule for the past and is
Administrative regulations are intended
regarded as private.
to carry out the legislative policy. The
discretion to determine what the law
It is the power of administrative
shall be is exclusively legislative and agencies to make determinations of
cannot be delegated. The power to facts in the performance of their official
create rules to carry out a policy duties and to apply the law as they
declared by the lawmaker is construe it to the facts so found.
administrative and not legislative.
Tests of Delegation It is merely incidental to their main
function, which is the enforcement of the
Completeness Test law.
The law must be complete in all its Distinguished from Judicial Process
terms and conditions when it leaves the
legislature so that when it reaches the Judicial process focuses on the question
of law, with the questions of fact being
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regarded as of secondary importance Dispensing powers allow the

only. In judicial proceedings, the administrative officer to relax the
executive acts last after judgment is general operation of a law or exempt
made whereas in the exercise of quasi- from the performance of a general duty.
judicial power, the executive acts first, Example: Grant of immunity from suit to
with the courts acting later, whenever state witnesses
warranted, to review its legal findings.
Examining powers enable the
Source administrative body to inspect the
records and premises, and investigate
It is expressly conferred by the the activities of persons or entities
legislature through specific provisions in coming under its jurisdiction. Example:
the charter of the agency. Issuance of subpoenas
Determinative Powers Summary powers are those involving

 Enabling Powers the use by administrative authorities of
 Directing Powers force upon persons or things without the
- Dispensing necessity of previous judicial warrant.
- Examining Example: Killing of a mad dog on the
- Summary loose
Determinative powers enable the Doctrine of Implied Powers
administrative body to exercise its
quasi-judicial authority better. An administrative agency has only such
powers as are expressly granted to it by
Enabling powers are those that permit law and also such powers as are
the doing of an act which the law necessary implied in the exercise of it
undertakes to regulate and which would express powers.
be unlawful without governmental
approval. Example: Issuance of licenses
Directing powers order the doing or

performance of particular acts to ensure
compliance with the law and re often
exercised for corrective purposes.
Example: Common carriers are required
to install safety devices

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CHAPTER 4: THE QUASI- legislative power and is intended to

LEGISLATIVE POWER have the binding force and effect of a
law enacted by the legislature itself.
Nature of Administrative Regulations
2. Interpretative rule – is designed to
General Rule: Administrative provide guidelines to the law which the
regulations and policies enacted by administrative agency is in charge of
administrative bodies to interpret the law enforcing.
have the force of law and are entitled to
great respect.  It is that which purports to do no
more than interpret the statute
Exception: Administrative agencies are being administered, to say what it
not authorized to substitute their own means. It constitutes the
judgment for any applicable law or administrator’s construction of a
administrative regulation with the statute.
wisdom or propriety of which they do not
agree.  In making an interpretative rule,
the administrative agency is
Kinds of Administrative Regulations merely anticipating what
ultimately must be done by the
1. Legislative rule – is in the matter of courts. The administrative agency
subordinate legislation, designed to is performing a judicial function
implement a primary legislation by rather than a legislative function.
providing the details thereof.
Examples: circulars issued by the
 In making a legislative rule, the Bureau of Internal Revenue (BIR); and
administrative agency is acting in circulars issued by the Bangko Sentral
a legislative capacity, ng Pilipinas (BSP)
supplementing the statute, filling
in the details, or “making the law”, Note: Interpretative regulations (in the
and usually acting pursuant to a absence of ratification by the legislature)
specific delegation of legislative have validity in judicial proceedings only
power. to the extent that they correctly
construe the statute. Strictly speaking, it
Note: The legislative regulation is is the statute and not the regulation to
issued by the administrative body which the individual must conform.
pursuant to a valid delegation of

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 Interpretative regulations are enforce or suspend the operation of a

issued by the administrative body law.
as an incident of its power to
enforce the law and is intended *For a more detailed example, see p. 50
merely to clarify its provisions for of Philippine Administrative Law by
proper observance by the people. Carlo Cruz.
They are merely persuasive and
are received by the courts with Requisites of a Valid Administrative
much respect but not finality. Regulation (ASPR)
They are, at best, advisory for it
is the courts that finally determine 1. Its promulgation must be authorized
what the law means. by the legislature.
2. It must be within the scope of
Classification of Legislative authority given by the legislature.
Rule/Regulation 3. It must be promulgated in accordance
with the prescribed procedure.
1. Supplementary regulation – is 4. It must be reasonable.
intended to fill in the details of the law
and “to make explicit what is only First Requisite
general.” Its purpose is to enlarge upon
a statute, subject only to the standards Authority to promulgate the regulation is
fixed therein, to ensure its effective usually conferred by the:
enforcement in accordance with the (1) charter of the administrative body; or
legislative will. (2) law the administrative body is
supposed to enforce.
*For more detailed examples, see p. 49
of Philippine Administrative Law by *For more detailed examples, see pp.
Carlo Cruz. 51-52 of Philippine Administrative Law
by Carlo Cruz.
2. Contingent regulation – is so called
because it is issued upon the Note: There are limitations on the rule-
happening of a certain contingency making power of administrative
which the administrative agency is given agencies. When Congress authorizes
the discretion to determine. In issuing promulgation of administrative rules and
this, administrative agencies are allowed regulations to implement given
to ascertain the existence of particular legislation, all that is required is that the
contingencies and on the basis thereof regulation be not in contravention with it,

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but conform to the standards that the regulation, the statute must
law prescribes. prevail. “A regulation adopted
pursuant to law is law.”
 A regulation is binding on the Conversely, a regulation or any
courts as long as the procedure portion thereof not adopted
fixed for its promulgation is pursuant to law is no law and has
followed. Even if the courts may neither the force nor the effect of
not be in agreement with its law.
stated policy or innate wisdom, it
is nonetheless valid, provided  As a general rule, letters of
that its scope is within the instruction are simply directives
statutory authority or standard of the President of the
granted by the legislature. Philippines, issued in the
exercise of his/her administrative
Second Requisite power of control, to heads of
departments and/or officers
 The regulation promulgated must under the executive branch of the
not be ultra vires or beyond the government for observance by
limits of the authority conferred. the officials and/or employees
An administrative agency cannot thereof. Being administrative in
amend an act of Congress. nature, they do not have the force
and effect of a law and, thus,
 The power of administrative cannot be a valid source of
officials to promulgate rules and obligation.
regulations in the implementation
of a statute is necessarily limited Third Requisite
only to carrying into effect what
is provided in the legislative General Rule: Prior notice and hearing
enactment. are not essential to the validity of rules
and regulations promulgated to govern
 In other words, administrative future conduct.
rules and regulations are
intended to carry out, not Exceptions:
supplant or modify, the law.
(1) Where the regulation is in effect a
 In case of conflict between a settlement of controversy between
statute and an administrative specific parties, it is considered an

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administrative regulation and so will

require notice and hearing. (Example: Penal Regulations
regulations fixing rates or toll charges)
The power to define and punish a crime
(2) Where the regulation goes beyond is exclusively legislative and may not be
merely providing for the means that can delegated to the administrative
facilitate or render less cumbersome the authorities. While administrative
implementation of the law and regulations may have the force and
substantially increases the burden of effect of law, their violation cannot give
those governed, it behoves the agency rise to criminal prosecution unless the
to accord at least to those directly legislature makes such violation
affected a chance to be heard and, punishable and imposes the
thereafter, to be duly informed, before corresponding sanctions. The
the issuance is given the force and administrative authorities themselves
effect of a law. cannot prescribe such penalties.
*For more detailed examples, see pp. Special Requisites of a Valid

72-80 of Philippine Administrative Law Administrative Regulation with a
by Carlo Cruz. Penal Sanction (PPP)
1. The law itself must make violation of

Fourth Requisite the administrative regulation punishable.
2. The law itself must impose and
 Administrative regulations must specify the penalty for the violation of
not be unreasonable or arbitrary the regulation.
as to violate due process. If 3. The regulation must be published.
shown to bear no reasonable
relation to the purposes for which Construction and Interpretation
they are authorized to be issued,
then they must be held to be  The regulation should be read in
invalid. harmony with the statute and not
in violation of the authority
 The regulation must involve the conferred on the administrative
public welfare and the method authorities.
employed must be reasonably  Administrative regulations are
related to the purposes of the rule prospective in operation unless
and not arbitrary. the contrary is clearly intended.

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 The interpretation given to a rule The administrative regulation may be

or regulation by those charged changed directly by the legislature.
with its execution is entitled to the
greatest weight by the court CHAPTER 5: THE QUASI-JUDICIAL
construing such rule or POWER
regulation, and such
interpretation will be followed Quasi-judicial power – the power of
unless it appears to be clearly the administrative agency to determine
unreasonable or arbitrary. questions of fact to which the legislative
policy is to apply, in accordance with the
Enforcement standards laid down by the law itself.
“Quasi-judicial” is the term applied to the
 The power to promulgate action, discretion of officers who are
administrative regulations carries required to investigate facts, or
with it the implied power to ascertain the existence of facts and
enforce them. This may be draw conclusions from them as a basis
effected through judicial action, for their official action, and to exercise
as in petitions for mandamus and discretion of a judicial nature.
injunction, or through sanctions
the statute itself may allow the Power of adjudication (as defined by
administrative body to impose. The Administrative Code of 1987 –
“an agency process for the formulation
 The power to enforce of a final order.”
administrative regulations
likewise includes the power to Requisites for the Proper Exercise of
issue opinions and rulings to the Quasi-Judicial Power (JD)
enable the administrative agency
to properly execute said 1. Jurisdiction must be properly
regulations. acquired by the administrative body.
2. Due process must be observed in the
Amendment or Repeal conduct of the proceedings.
 An administrative regulation may

be amended or repealed by the
authorities that promulgated them
in the first place.

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First Requisite the performance of the other is also

conferred.
Jurisdiction – the competence of an
office or body to act on a given matter or  Where the statute does not
decide a certain question. require any particular method of
procedure to be followed by an
 Without jurisdiction, the administrative agency, the
determinations made by the agency may adopt any
administrative body are reasonable method to carry out
absolutely null and without any its functions. But to be valid, the
legal effect whatsoever. Such rules must not violate
acts are subject to direct and fundamental rights or encroach
even collateral attack and may be upon constitutional prerogatives,
assailed at any time since they like the rule-making power of the
are regarded as invalid ab initio. Supreme Court.
 A tribunal, board or officer  The power of administrative

exercising judicial functions acts agencies to promulgate rules of
without jurisdiction if no authority procedure does not or cannot be
has been conferred by law to construed as allowing it to “grant
hear and decide the case. itself jurisdiction ordinarily
conferred only by the Constitution
Rules of Procedure or by the law.
 Where an administrative body is Subpoena Power

expressly granted the power of
adjudication, it is deemed also  The power to issue subpoena is
vested with the implied power to not inherent in administrative
prescribe the rules to be bodies. These bodies may
observed in the conduct of its summon witnesses and require
proceedings. the production of evidence only
when duly allowed by law, and
Doctrine of implication – where a always only in connection with
general power is conferred or duty the matter they are authorized to
enjoined, every particular power investigate. This power may be
necessary for the exercise of the one or expressly granted in the charter
of the administrative body.

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body for the purpose of

 However, the fact that an controlling judicial action.
administrative body has been
authorized to conduct an Notice and Hearing
investigation does not necessarily
mean it can also summon  The right to notice and hearing is
witnesses and take testimony in essential to due process and its
the absence of a clear grant of non-observance will as a rule
this power from the legislature. invalidate the administrative
proceedings.
Contempt Power
Administrative Due Process
 Like the subpoena power, the
power to punish for contempt is  There is no requirement for strict
essentially judicial and cannot adherence to technical rules as
be claimed as an inherent right are observed in truly judicial
by the administrative body. To be proceedings because the
validly exercised, it must be primordial consideration of
expressly conferred upon the administrative agencies is the
body and, additionally, must be promotion of public welfare.
used only in connection with its
quasi-judicial as distinguished  It is basic to due process that the
from its purely administrative or tribunal considering the
routinary functions. administrati ve question be
impartial, to ensure a fair
 As a rule, where a subpoena of decision.
the administrative body is
disregarded, the person  In order that the review of the
summoned may not be directly decision of a subordinate officer
disciplined by that body. The might not turn out to be a farce,
proper remedy is for the the reviewing officer must be
administrative body to seek the other than the officer whose
assistance of the courts of justice decision is under review.
for the enforcement of its order.
Much less is the contempt power  The opportunity to adduce
available to the administrative evidence is essential in the
administrative process, as
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decisions must be rendered on  However, a trial-type proceeding

the evidence presented, either in can be essential where the
the hearing, or at least contained findings are necessarily to be
in the record and disclosed to the based on the credibility of
parties affected. witnesses or of the complainants.
 In administrative proceedings, the Elements of Due Process

quantum of proof necessary for a
finding of guilt is only substantial 1. There must be a court or tribunal
evidence. Substantial evidence clothed with judicial power to hear and
means such relevant evidence as determine the matter before it.
a reasonable mind might accept 2. Jurisdiction must be lawfully acquired
as adequate to support a over the person of the defendant or
conclusion; evidence which property which is the subject of the
affords a substantial basis from proceedings.
which the fact in issue can be 3. The defendant must be given an
reasonably inferred. opportunity to be heard.
4. Judgment must be rendered upon
 Due process in administrative lawful hearing.
proceedings does not require
trial-type proceedings similar to Administrative Appeals and Review
those in the courts of justice; and
need not necessarily include the  Unless otherwise provided by
right to cross-examination. law or executive order, an appeal
from a final decision of the
 Submission of position papers administrative agency may be
may be sufficient for as long as taken to the Department Head,
the parties thereto are given the whose decision may further be
opportunity to be heard. The brought to the regular courts of
essence of due process is justice, in accordance with the
simply an opportunity to be heard procedure specified by the law.
or, as applied to administrative The appellate administrative
proceedings, an opportunity to agency may even conduct
explain one’s side or an additional hearings in the
opportunity to seek a appealed case, if deemed
reconsideration of an action or necessary.
ruling complained of.

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Enforcement of Decision be invoked in connection with

their exercise of purely
 In the absence of any statute administrative functions. It also
providing for the enforcement of does not apply to judgments
an administrative determination, based on prohibited or null and
the same cannot be enforced void contracts.
except possibly by appeal to the
force of public opinion.  An administrative officer may
revoke, repeal or abrogate the
 Administrative agencies that have acts or previous rulings of his/her
not been conferred the power to predecessor in office. The
enforce their quasi-judicial construction of a statute by those
decisions may invoke court action administering it is not binding on
for the purpose. their successors if, thereafter, the
latter becomes satisfied that a
Res Judicata different construction should be
given.
 Decisions and orders of
administrative agencies, Exception of Applicability of Res
rendered pursuant to their quasi- Judicata to Administrative
judicial authority, have, upon their Proceedings
finality, the force and binding
effect of a final judgment within 1. labor relations proceedings
the purview of the doctrine of res
judicata. The principle of res
judicata applies as well to the
judicial and quasi-judicial act of
public, executive or
administrative offices and boards
acting within their jurisdiction as
to the judgments of courts having
general judicial powers.
 The principle of res judicata

applies only to the exercise by
administrative agencies of their
quasi-judicial power and may not

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CHAPTER 6: JUDICIAL REVIEW Court having the last say on the

matter.
 An administrative decision may
be appealed to the courts of  When it comes to questions of
justice only if the Constitution or law, administrative decisions
the law permits it or if the issues thereon are appealable to the
to be reviewed involve questions courts of justice even without
of law. legislative permission; indeed,
 Outside of these exceptions, even against legislative
the administrative decision is no prohibition.
more reviewable by the courts of
justice than are judicial decisions Ratio: Judicial tribunals cannot be
reviewable by administrative deprived of their inherent authority to
bodies. decide questions of law, initially or by
way of review of administrative
 The right to appeal is not a decisions. Being inherent, the power
constitutional right nor is it cannot be withdrawn by the legislature
embraced in the right to be heard through a law making such a decision
as guaranteed by due process. final and inappealable.
As a rule, therefore, the
administrative decision may be  As to administrative agencies
validly rendered final and exercising quasi-judicial or
inappealable at the administrative legislative power, there is an
level without allowing the underlying power in the courts to
aggrieved party a final resort to scrutinize the acts of such
the courts of justice. agencies on questions of law and
jurisdiction even though no right
 It is generally true that purely of review is given by statute.
administrative and discretionary Even decisions of administrative
functions may not be interfered agencies which are declared
with by the courts; but when the “final” by law are not exempt from
exercise of such functions by the judicial review when so
administrative officer is tainted by warranted.
a failure to abide by the
command of the law, then it is Doctrine of Primary Jurisdiction –
incumbent on the courts to set simply calls for the determination of
matters right, with the Supreme administrative questions, which are

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ordinarily questions of fact, by certain disputes and

administrative agencies rather than controversies falling within the
courts of justice. agency’s special expertise.
Application of the doctrine of primary Doctrine of Exhaustion of

jurisdiction: The doctrine of primary Administrative Remedies – an
jurisdiction applies only to the exercise administrative decision must first be
by an administrative agency of its quasi- appealed to the administrative superiors
judicial function. When what is assailed up to the highest level before it may be
is the validity or constitutionality of a rule elevated to a court of justice for review.
or regulation issued by the Recourse through court action cannot
administrative agency in the prosper until after all such
performance of its quasi-legislative administrative remedies would have first
function, the regular courts have been exhausted.
jurisdiction to pass upon the same.
Reasons for the doctrine:
 The doctrine does not warrant a
court to arrogate unto itself (1) The administrative superiors, if given
authority to resolve a controversy the opportunity, can correct the errors
the jurisdiction over which is committed by their subordinates.
initially lodged with an
administrative body of special (2) Courts should as much as possible
competence. refrain from disturbing the findings of
administrative bodies in deference to the
 Where two administrative doctrine of separation of powers.
agencies share concurrent
jurisdiction with respect to a (3) On practical grounds, it is best that
particular issue, the settled rule is the courts, which are burdened enough
that the body or agency that first as they are with judicial cases, should
takes cognizance of the not be saddled with the review of
complaint shall exercise administrative cases.
jurisdiction to the exclusion of the
others. (4) Judicial review of administrative
cases is usually effected through the
 A statute may vest exclusive special civil actions of certiorari,
original jurisdiction in an mandamus and prohibition, which are
administrative agency over

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available only if there is no other plain, concerned was performed

speedy and adequate remedy. pursuant to its quasi-judicial
function, and not when the
 The underlying principle of the assailed act pertained to its rule-
rule on exhaustion of making or quasi-legislative
administrative remedies rests power.
on the presumption that the
administrative agency, if afforded Exceptions:
a complete chance to pass upon
the matter, will decide the same (1) When the question raised is purely
correctly. Indeed, the filing of a legal
motion for reconsideration is in
fact encouraged before resort is (2) When the administrative body is in
made to the courts as a matter of estoppel
exhaustion of administrative
remedies, to afford the agency (3) When the act complained of is
rendering the judgment an patently illegal
opportunity to correct any error it
may have committed through a (4) When there is urgent need for
misapprehension of facts or judicial intervention
misappreciation of the evidence.
(5) When the claim involved is small
 The doctrine of exhaustion of
administrative remedies need not (6) When irreparable damage will be
be observed when not expressly suffered
required by law or when the
statute providing for the (7) When there is no other plain, speedy
administrative remedy is merely and adequate remedy
permissive. The rule on
exhaustion of administrative (8) When strong public interest is
remedies applies only where involved
there is an express legal
provision requiring such (9) When the subject of the controversy
administrative step as a condition is private land
precedent to taking action in
court. It applies only where the (10) In quo warranto proceedings
act of the administrative agency

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(11) When the issues submitted have Effect of Noncompliance

become moot and academic
 Failure to exhaust administrative
Appeal to the President remedies does not affect the
jurisdiction of the court and
 Of special interest is the question merely results in the lack of a
of whether or not a decision of cause of action which may be a
the Cabinet member has to be ground for a motion to dismiss.
appealed first to the President
before it may be brought to a  If this ground to dismiss the court
court of justice. Jurisprudence action is not properly or
on this matter is rather seasonably invoked, the court
INDECISIVE. may proceed to hear the case.
Exhaustion must be raised at the
There are two conflicting schools of earliest possible time, even
thought: before filing the answer to the
complaint or pleading asserting a
(1) Appeal to the President is not claim, by a motion to dismiss.
necessary because the Cabinet member Otherwise, such a ground for
is after all his alter ego and, under the dismissal would be deemed
doctrine of political agency, the acts waived.
of the Cabinet member are the acts of
the President.  A failure to exhaust
administrative remedies may also
Doctrine of Qualified Political Agency constitute forum shopping
– the acts of a department secretary, which would likewise result in a
who is considered to be an alter ego of dismissal of a simultaneous
the President, bear the implied or resort to a regular court for
assumed approval of the latter, and are purposes of obtaining relief.
valid unless the President actually
disapproves them.  forum shopping – exists when
both actions involve the same
(2) Appeal to the President was the final transactions, same essential
step in the administrative process and facts and circumstances and
therefore a condition precedent to raise identical causes of action,
appeal to the courts. subject matter and issues.

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 The court has the discretion to administrative decision may be

require the observance of the appealed to the courts of justice
doctrine and may, if it sees fit, independently of legislative
dispense with it and proceed with permission or even against
the disposition of the case. legislative prohibition.
 At any rate, there is a ruling to Questions of Fact

the effect that a motion for
reconsideration must be filed  Administrative agencies’
before the special civil action for findings of fact on matters
certiorari may be availed of. falling under their jurisdiction
are generally accorded
Questions Reviewable respect, if not finality except
only where there is a clear
(1) Question of fact; and showing of arbitrariness or
(2) Question of law. grave abuse of discretion
 There is a question of fact  The findings of fact of an

when the doubt or difference administrative agency must
arises as to the truth or the be respected so long as they
falsehood of alleged facts. When are supported by substantial
it comes to a question of fact, evidence, even if such
review of the administrative evidence might not be
decision lies in the discretion of overwhelming or
the legislature, which may or preponderant.
may not permit it as it sees fit.
Denial of this remedy does not General Rule: Factual findings of
violate due process for the right administrative agencies, that are
to appeal is generally not affirmed by the Court of Appeals, are
deemed embraced in the right to conclusive upon and generally not
a hearing. reviewable by the Supreme Court.
 There is a question of law Exceptions:

when the doubt or difference
arises as to what the law is on a (1) When the findings are grounded
certain state of facts. When it entirely on speculation, surmises or
comes to a question of law, the conjectures

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(11) When the Court of Appeals

(2) When the inference made is manifestly overlooked certain relevant
manifestly mistaken, absurd or facts not disputed by the parties, which,
impossible if properly considered, would justify a
different conclusion
(3) When there is grave abuse of
discretion  The rule that an appellate court
may only pass upon errors
(4) When the judgment is based on a assigned, as well as its
misapprehension of facts exceptions, is also applicable to
administrative bodies.
(5) When the findings of fact are
conflicting Questions of Law
(6) When in making its findings, the  Administrative bodies may be

Court of Appeals went beyond the allowed to resolve questions of
issues of the case, or its findings are law in the exercise of their
contrary to the admissions of both the quasi-judicial function as an
appellant and the appellee incident of their primary power
of regulation.
(7) When the findings are contrary to the
trial court  However, their determination on
this matter is only tentative at
(8) When the findings are conclusions best and, whenever necessary,
without citation of specific evidence on may be reviewed and reversed
which they are based by the courts in proper cases.
(9) When the facts set forth in the  A question of law exists when
petition as well as in the petitioner’s the doubt or controversy
main and reply briefs are not disputed concerns the correct application
by the respondent of law or jurisprudence to a
certain set of facts; or when the
(10) When the findings of fact are issue does not call for an
premised on the supposed absence of examination of the probative
evidence and contradicted by the value of the evidence presented,
evidence on record the truth or falsehood of facts
being admitted.

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 The decision of legal questions

is an essentially judicial power
that may not be withheld or
withdrawn from the courts by
legislation as the power is
inherent in the judiciary.
 As a rule, it is only the judicial

tribunal that can interpret and
decide questions of law with
finality.
 The interpretation of an agency of

its own rules should be given
more weight than the
interpretation by the agency of
the law it is merely tasked to
administer.

S.Y. 2014-2015 Page 25

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San Beda College-Manila

JL (Juanico and Limpot) Notes in Administrative Law

ADMINISTRATIVE LAW REVIEWER

CHAPTER 1: GENERAL legal control exercised by law

JL (Juanico and Limpot) Notes in Administrative Law

However, this doctrine is not absolute. - Philippine Association of

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

Government is the agency or CHAPTER 2: ADMINISTRATIVE

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

Bureau is any principal subdivision of 3 Administrative Relationships:

Instrumentality: [ANFCFAC] (1) Having the department

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

law or regulation to a (4) To review and pass upon budget

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

proprietary in nature, and owned by the Council, Committee, Office and

JL (Juanico and Limpot) Notes in Administrative Law

(6) Adjust individual controversies legislature can also abolish them.

Advantages of Administrative It is otherwise known as the power if

JL (Juanico and Limpot) Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

regarded as of secondary importance Dispensing powers allow the

Determinative Powers Summary powers are those involving

Directing powers order the doing or

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

CHAPTER 4: THE QUASI- legislative power and is intended to

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

 Interpretative regulations are enforce or suspend the operation of a

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

administrative regulation and so will

*For more detailed examples, see pp. Special Requisites of a Valid

1. The law itself must make violation of

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

 The interpretation given to a rule The administrative regulation may be

 An administrative regulation may

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

First Requisite the performance of the other is also

 A tribunal, board or officer  The power of administrative

 Where an administrative body is Subpoena Power

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

body for the purpose of

JL (Juanico and Limpot) Notes in Administrative Law

decisions must be rendered on  However, a trial-type proceeding

 In administrative proceedings, the Elements of Due Process

JL Notes in Administrative Law

JL (Juanico and Limpot) Notes in Administrative Law

Enforcement of Decision be invoked in connection with