Bagares, Ariane P.

2-Teehankee
Admin Law Midterm Exam

Part I.

1. Give the two (2) requisites for the judicial review of administrative
decision/actions, that is, when is an administrative action ripe for
judicial review? (2pts)

-The two requisites for the proper exercise of the quasi-judicial power
are to wit: (1.) Jurisdiction must be properly acquired by the administrative
body, (2) Due process must be observed in the conduct of the proceedings.
The Courts may only take cognizance of an administrative decision when it
has been first appealed to the administrative superiors up to the highest
level. This power is also known as the Doctrine of Exhaustion of
Administrative Remedies. It is worth noting that administrative agencies
are not always and by the strict requirements of the judicial due process.
In administrative proceedings, the procedural due process has been
recognized to include the right to actual or constructive notice of the
institution of proceedings which may affect a respondent’s legal rights, a
real opportunity to be heard personally or with the assistance of counsel, to
present witnesses and evidence in one’s favor, and to defend one’s right, a
tribunal vested guarantee of honesty as well as impartiality, and a finding
by said tribunal which is supported by substantial evidence submitted for
consideration during the hearing or contained in the records or made
known to the parties affected.

2. A) Explain the doctrine of exhaustion of administrative remedies. (3pts)

B) Give at least seven (7) exceptions to its application. (7pts)

A. Doctrine of Exhaustion of Administrative Remedies

-In view of the foregoing, this doctrine of exhaustion is an
available administrative remedy provided by law, no judicial
resources can be made until such remedies have been availed of
and exhausted.

B. Give at least seven (7) exceptions to its application.

1. When there is a violation of due process.
2. When the issue involved is purely a legal question.
3. When the administrative action is patently illegal amounting to lack
or excess of jurisdiction.
4. When there is estoppel on the part of the administrative agency
concerned.
5. When there is irreparable injury.
6. When the respondent is a department secretary who acts as an alter
ego of the President hears the implied and assumed approval of the
latter.
7. When to require exhaustion of administrative remedies would be
unreasonable.
Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

8. When it would amount to nullification of a claim.

9. When the subject matter is private land in land cases or proceedings.
10. When the rule does not provide a plain speedy and adequate
remedy.
11. There are circumstances indicating the urgency of judicial
intervention.

3. A. Distinguish the doctrine of primary jurisdiction from the

doctrine of exhaustion of administrative remedies. (5pts)

-The doctrine of primary jurisdiction differs from the doctrine of

exhaustion of administrative jurisdiction in a sense that the doctrine of
primary jurisdiction can be applied only where the administrative agency
exercises its quasi-judicial or adjudicatory powers and that it refers to the
competence of a court to take cognizance of a case at first instance while the
doctrine of exhaustion of administrative remedies can be applied only on a
judicial review of decision of administrative agencies made in the exercise
of their quasi-judicial function.

B. Explain the effect of failure to exhaust administrative remedies? (5pts)

-The failure to observe the doctrine of exhaustion of administrative

remedies will deprive the complainant of a cause of action, which is ground
for a motion to dismiss. This is worth noting that this must also be observed
in order to prevent unnecessary and premature resort to the courts.

C. What is the remedy of the defense counsel of the complainant who failed to exhaust
the administrative remedies? (5 pts)

-On the part of the defense counsel, he/she must raise the issue of
non-exhaustion of administrative remedy which is clearly a ground for a
motion to dismiss. Failing to do so means waiving such defense. It is worth
noting that the non-exhaustion is fatal to the cause of action one may avail.

4. A. Enumerate the Cardinal Primary Requirements of Due Process in Administrative

Proceedings? (8pts)

1. The right to a hearing, which includes the right to present one’s case
and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have something to support itself.
4. The evidence must be substantial. Substantial evidence means
reasonable evidence as a reasonable mind accepts as adequate to
support a conclusion.
Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

5. The decision must be based on the evidence presented at the hearing,

or atleast contained in the record and disclosed to the parties
affected.
6. The tribunal or body or any of its judges must act on its own
independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate.
7. The Board or body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved, and the reason for the decision rendered.
8. The officer or tribunal conducting the investigation must be vested
with competent jurisdiction and so constituted as to afford a person
charged administratively a reasonable guarantee of honesty and
impartiality.

B. Define Substantial Evidence (2pts)

-Substantial evidence means an evidence that is required to reach a

conclusion in adminstrative proceedings or to establish a fact before
adminstrative and quasi-judicial bodies, means that such relevant evidence
as a reasonale mind might accept as adequate to support a conclusion, and
its absence is not shown by stressing that there is a controray evidence on
record, direct or circumstantial.

5. A. How do the Administrative Agencies acquire jurisdiction over the following: (2pts)

1. Petitioner
-A quasi judicial agency can acquire jurisdiction over the person of
the petitioner by the latter’s voluntary appearance as by his filing a
complaint, petition or any initiatory or appropriate pleading and also
paying the filing fees, if it is required by the agency’s rules.
2. Respondent
-A quasi judicial agency can acquire jurisdiction over the person of
the respondent by the latter’s voluntarily appearing or submitting to the
body by service of summons upon him. His/her appearance may be made
not only by actual acceptance but also by the submission of pleadings with
the tribunal.

B. Define Jurisdiction (3pts)

-Jurisdciton is the power of the court to issue orders and adjucate

cases within the territory of which court or government or agency may
properly exercise its power.

6. What are the tests to determine validity of delegation (2pts)

Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

-There are two tests to determine whether or not there is a valid

delegation of legislative power, the completeness test and the sufficient
standard test. In view of the foregoing, the completeness test states that the
law must be complete in all its terms and conditions when it leaves the
legislative sich that when it reaches the delegate the only thing he will have
to do is to enforce it while in sufficient standard test, there must be
adequate or limitations in the law to map out the boundaries of the
delagate’s authority and prevent the delegation fro running riot.

7. Explain the following principles:

A. potestas delegata non delegari potest? (1pt)
-It means that what has been delegated cannot be delegated.
Generrally, in all cases of delegated authority, where personal trust or
confidence is reposed in the agent and especially where the exerciuse and
application of the power is made subject to his judgement or discretion, the
authority is purely personal and cannot be delegated to another unless
there is special power of substitution either by express or necessarily
implied.

B. Res Judicata (1pt).

-It means that the decision or orders are conlusive upon the rights of
the affected parties as though the same has been rendered by a court of
general jurisdiction.

c. qualified political agency (1pt)

-Under the doctrine of qualified political agency, department
secretaries are alter egos or assistants of the President and their acts are
presumed to be those of the latter unless disapproved or reprobated by
him. Thus, as a rule, an aggrieved party affected by the decision of a cabinet
secretary need not appeal to the Office of the President and may file a
petition for certiorari directly in the Court of Appeals assailing the act of the
said secretary.

d. subordinate legislation (1pt)

-It is the power of delegated authority exercises in issuing rules and
regualtion to carry out the provisions of the stature. By this, the
administrative bodies may implement the broad policies laid down in a
statute by fillin in the details which the Congress may not have the
opportunity or competence to provide.

e. forum shopping
-Forum shopping exists when, as a result of an adverse judgment in
one forum, a party seeks another and possibly favorable judgment in
another forum other than by appeal or special civil action for certiorari.

8. A. Distinguish Quasi-Judicial and Quasi-Legislative Power? (3pts)

Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

-Quasi-judicial power is the power of adjudication which involves the

discretion to determine how the law shall be, merely the authority to fix the
details in the execution or enforcement of a policy set out in the law itself
while the quasi-legiislative power is the power of rule making which have
the authority to hear and decide on cases in the performace of dity and to
enforece its decisions according to the law.

B. Cite Examples of accepted sufficient standards (2pts)

-The following are the accepted standard test:
1. Public Interest
2. Simplicity
3. Economy and Efficiency
4. Public Welfare

9. Petition for certiorari under Rule 65 and Petition for Review under Rule 43 (3pts)

-To emphasize, decisions, final orders or resolutions of the CA, in any

case, i.e., regardless of the nature of the action or proceedings involved,
may be appealed to the Court by filing a petition for review under Rule 45 of
the Rules of Court. Through this remedy, the Court reviews errors of
judgment allegedly committed by the CA. On the other hand, a petition for
certiorari under Rule 65 is not an appeal but a special civil action restricted
to resolving errors of jurisdiction and grave abuse of discretion, not errors
of judgment.
Jurisprudence instructs that where a Rule 65 petition alleges grave abuse of
discretion, the petitioner should establish that the respondent court or
tribunal acted in a capricious, whimsical, arbitrary or despotic manner in
the exercise of its jurisdiction as to be equivalent to lack of jurisdiction. An
error of judgment that the court may commit in the exercise of its
jurisdiction is not correctable through the original civil action of certiorari.
The supervisory jurisdiction of a court over the issuance of a writ of
certiorari cannot be exercised for the purpose of reviewing the intrinsic
correctness of a judgment of the lower court—on the basis either of the law
or the facts of the case, or of the wisdom or legal soundness of the decision.

10. A. What is the required standard in the delegation of the rate-fixing power? (2pts)

-The statute making the delegation must be complete and must fix a
sufficient standard. In case of a delegation of rate-fixing power, the only
standard which the legislature is required to prescribe for the guidance of
the administrative authority is that the rate be reasonanle and just.
However, it has been held that even in the absence of an express
requirement as to reasonableness, this standard may be implied.

B. What are the three (3) types of the executive interpretation of the law? (3pts)
Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

1. Construction by an executive or administrative officer directly called

to implement the law.
2. Construction by the Secretary of Justice in his capacity as the chief
legal adviser of the government.
3. Hande down in an adversay proceeding in the form of a ruling by an
executive officer exercising quasi-judicial power.

PART II

1. Section 8 (f) of Republic Act No. 1181 defined compensation for purposes of the
determining of the contributions to the social security system as follows:

Compensation- All remunerations for employment includes the cash values of any
remuneration paid in any medium other than except:

a. that part of the remuneration in excess of 400 received during the month
b. bonuses, allowances or overtime pay
c. dismissal and all other payments which the employer may make, although not legally
required to do so.

This was amended by R.A 1792 and defined compensation as “All remuneration for
employment includes the case value of any remuneration paid in any medium other
than cash except that part of the remuneration in excess of 500 pesos received during
the month. It deleted the second and third exceptions in the original law .

In view of this amendment, the Social Security Commission issued Circular No. 22,
which provides that effective November 1, 1958, all employers in computing the
premiums due the system, will take into consideration and include in the Employee’s
remuneration all bonuses and overtime pay, as well as the case value of the media of
remuneration.

Is there a need to publish circular no. 22 to be effective? Explain. (10pts)

-No, there is no need to publish Circular No. 22 to be effective. In the case at

bar, Sec 18 of the Administrative Code as amended, provides that “Laws
shall take effect after fifteen days following their completion of their
publication in the Official Gazette or in a news paper of general circulation,
unless it is provided.” Here, Circular No. 22 is merely providing an advise to
their employees upon which the social security contributions should be
based. The following does not need publication and Letters of Instructions
issued by adminitrative superiors. In view of the foregoing, Circular No. 22
affects and is internal in nature such does not require presidential approval
and pulication in the Official Gazette for its effectivity.
Bagares, Ariane P. 2-Teehankee
Admin Law Midterm Exam

2. The Maritime Industry Authority (MARINA) issued new rules and regulations
governing pilotage services and fees and the conduct of pilots in Philippine ports. This,
it did without notice, hearing nor consultation with harbor pilots or their associations
whose rights and activities are to be substantially affected. The harbor pilots then filed
suit to have the new MARINA rules and regulations declared unconstitutional for having
been issued without due process.

Rule on the petition filed by the Harbor Pilots. (10pts)

-The petitiion should prosper.

3. What is the ruling in the case of Tañada vs. Tuvera? (10pts)

-The Court ruled that publication in the Official Gazette is necessary
in those cases where the legislation itself does not provide for its effectivity
date, for then the date of publication is material for determining the date of
the effectivity which must be 15 days following the completion of its
publication, but not when the law itself provides for the date when it goes to
effect. Publication of laws is part of substantive due process.

4. A memorandum circular was issued by the Chairman of the National

Telecommunication Commission declaring a single entity. Is the memorandum circular
valid? Explain (10pts)