Admin Law Outline
Admin Law Outline
Admin Law Outline
The protection of private rights, subject to the mode of exercise of Government agencies or instrumentality may either be:
administrative power and system of reliefs against administrative
action 1. Incorporated – sometimes with and other times without
capital stock, are vested by law with a juridical personality
Kinds of administrative law distinct from the Republic.
a. Statutes setting up administrative authorities Examples: National Power Corp., PPA, National Housing Authority,
b. Body of doctrines and decisions dealing with the creation, PH National Oil Company, Inc.
operation, and effect of determinations and regulations of
such administrative authorities 2. Non-incorporated – not vested with a juridical personality
c. Rules, regulations, or orders of administrative authorities distinct from the Republic, endowed by law with some if
in pursuance of the purposes for which they were created not all corporate powers.
or endowed
d. Determinations, decisions, and orders of such When the statutory term expires, its duties and functions,
administrative authorities in the settlement of assets and liabilities revert back to or is assumed by the Republic of
controversies arising in their particular fields. the PH in the absence of a law specifying other disposition.
The 1987 Administrative Code did not entirely repeal or modify the Examples: Sugar Regulatory Administration (non-incorporated
Revised Administrative Code and special legislations since what was agency, neither a GOCC but an agency under the Office of the
only repealed or modified are only those “laws, decrees, orders, President.
rules and regulations, or portions inconsistent with the Code.”
Chartered institution – any agency organized or operated under a
The two administrative codes are general laws and as between the specific charter, vested with functions relating to specific
codes and special legislation on specific subject matters, the latter constitutional policies or objectives.
prevails as an exception to the former.
It includes state universities and colleges, and the monetary
Administrative functions – those which involve the regulation and authority of the state.
control over the conducts and affair of individuals for their own
welfare and the promulgation of rules and regulations to better Administration – public officers/employees performing duties and
carry out the policy of the legislature exercise the powers in the administrative set-up of the government.
Administrative framework It refers to the aggregate of the persons in whose hand the reins of
the government are for the time being.
Government of the PH – the corporate governmental entity through
which the functions of the government are exercised which Creation and abolition of agencies
includes:
Public office – refers to the right, authority and duty created and
a. Government agencies – refers to any of the various units of conferred by law, by which, for a given period either fixed by law or
the Government. enduring at the pleasure of the appointing power, an individual is
invested with some portion of the sovereign functions of the
It includes a department, bureau, office, instrumentality, government.
or GOCC, or a local government or district unit.
It includes administrative agencies, boards and commissions.
It is created by the Constitution, by law, by an officer or tribunal 1. Offering some gratuity, grant or special privilege
delegated with power by the legislature. 2. Seeking to carry certain governmental functions
3. Performing business service for the public
Its creation is primarily a legislative function. However, there are 4. Regulating business affected with public interest
offices created by the Constitution. (Examples) 5. Seeks under the police power to regulate private business
and individuals
The legislature may decide what offices are suitable, necessary, or 6. Adjusting individual controversies due to some strong
convenient. social policy involved
7. Conduct investigations and gather evidence for information,
When in the exigencies of the government it is necessary to create recommendation or prosecution of crimes.
and define duties, the legislative department has the discretion to
determine whether additional offices shall be created, attached to CHAPTER 2
and become ex-officio duties of existing offices.
POWERS OF ADMINISTRATIVE AGENCIES
Power to reorganize includes the power to create or abolish
There is a need to allocate the different powers of the government
offices
to prevent any concentration of power in one department.
It is usually practiced by the legislature. However, it is delegated to
Concepts to study:
the President or to another executive body.
a. Separation of powers – one branch is not to invade the
Means of delegation by authorizing reorganization
domain of the other
b. System of checks and balances – no one branch can act
without any participation or check from the other
The process of restructuring the bureaucracy’s branches
organizational and functional set-up, making it more
Doctrine of separation of powers
viable in terms of the economy, efficiency, effectiveness
and responsive to the needs of its public clientele as
It prohibits the delegation of legislative power, vesting judicial
authorized by law
officers with non-judicial functions or investing of non-judicial
Means by which the legislature reorganizes or abolishes
officers with judicial powers
offices, directly or indirectly, by authorizing an executive
department or agency to reorganize its office. Administrative agencies fall under the executive department.
Administrative agencies – government bodies charged with Granted by the legislature with the following powers: ( J A I L E )
administering or implementing particular legislation.
a. Judicial
1. Unclog court dockets b. Administrative
c. Investigatory
They lessen the burden of courts in resolving all controversies d. Legislative
e. Executive
2. Meet the growing complexities of modern society
This is an exception to the general rule of delegation of power
“Public officials possess powers, not rights.” Ministerial duty vs. discretionary power
It means there must be a grant of authority, whether express or Ministerial duty Discretionary power
implied, to justify any action taken by them. - one which is so clear and - by its nature, requires exercise
specific s to leave no room for of judgment
the exercise of discretion in its
A public official exercises power within the law which grants it. The
performance
government is merely an agency through which the will of the state - officer/tribunal performs in a - law imposes a duty a public
is expressed and enforced. Its officials are agents entrusted with the given state of facts, in a officer and gives him the right to
responsibility of discharging its functions. There is no presumption prescribed manner, in decide how and when the duty
that they are empowered to act, there must be a delegation of such obedience to the mandate of shall be performed
authority. legal authority, without regard
to or the existence of his own
Constitutional officials derive their power to act in the fundamental judgment, upon the propriety of
the act done
law itself.
Jurisdiction cannot be implied from the language of the statute, in Discretion is the faculty conferred upon an official by which he may
the absence of a clear legislative intent to that effect. decide a question either way and still be right. It requires the
exercise of judgment.
The grant of judicial or quasi-judicial power to try actions carries
with it all necessary and incidental powers to employ all writs,
Exception: Power to substitute another in his place has been given To ascertain the consequences that will follow in case what the
statute requires is not done or what it forbids is performed.
Discretion means sound discretion exercised not arbitrarily or
wilfully, with regards to what is right and equitable under the Errors in Exercise of Powers
circumstances and law.
“The government can do no wrong.”
MANDATORY & PERMISSIVE DUTIES and POWERS
Why? It only authorizes legal acts by its offices. The errors made by
It depends upon the kind of statute which granted such power. them are not errors or acts of the government.
Statutes can either be mandatory or directory. The government is not estopped by the mistakes of its officers. It
can subsequently correct the mistake or erroneous application of
Q: Why distinguish? the law. A person acquires no vested right in such a mistake.
A: What effect should be given to the mandate of a statute Note: Presumption of regularity
A statute merely operating to confer jurisdiction upon a Issue: Did the framers of the 1987 Constitution intend that the
person according to the dictates of his own judgment or President exercise those specific powers enumerated? Is it the
conscience breadth and scope of executive power?
Non-performance will not vitiate the proceedings but will
Ruling: Such is not the case. It is inaccurate to say that the executive
still sanction the officer to discretionary or administrative
power is only the powers to enforce the laws for the President is the
sanctions.
head of state and head of the government and whatever powers
Q: How to determine if it’s mandatory or discretionary? inhere in such positions pertain to the office unless the Constitution
itself withholds it.
A: No universal rule or absolute test.
Although the Constitution imposes limitations, it maintains intact
The primary object: ascertain legislative intent from all the what is traditionally considered within the scope of executive
surrounding circumstances.
Ruling: Since the Secretary of Agriculture was empowered to Also, by this authority, he can modify, alter, or set aside acts or
regulate or ban fishing by trawl, the President, in the exercise of his rulings of a department secretary as he acts for and on behalf of the
power of control, can take over from such authority. President.
The President’s power of control means that it can amend, modify Limitations on the President’s control power
and even supplant entirely different set rules normally done by his
cabinet secretary, head of a bureau or agency. The power of control does not include:
Under the Constitution, all executive and administrative 1. Abolition or creation of an executive office
organizations are adjuncts (assistant or aide) of the executive 2. Suspension or removal of career executive
department. Meaning, the heads of the various executive officials/employees without due process of law
departments are assistants and agents of the chief executive 3. The setting aside, modification, or supplanting of decisions
of quasi-judicial agencies, including that of the Office of
They act as alter egos of the President and whatever acts the President, on contested cases that have become final.
done by them in the regular course of business, are pre-
emptively acts of the Chief executive. Note: All acts of the executive and administrative office or agency,
Heads of the executive departments occupy political other than final decisions rendered in the exercise of its
positions and hold office in an advisory capacity and adjudicatory power in contested cases, are subject to the
should be the President’s bosom confidence. President’s power of control.
The President’s power of control may extend to the power to The Presidential power over local governments is limited by the
investigate, suspend or remove officers/employees who belong to Constitution to the exercise of general supervision to ensure that
the executive department if they are: the local affairs are administered according to law.
1. Presidential appointees Hence, the President cannot interfere with local governments as
2. do not belong to the classified service long as its officers act within the scope of their authority. The
Administrative Code limits its authority to merely “monitoring
This is justified under the principle that the power to remove is
compliance” by local government units of such issuances.
inherent in the power to appoint.
To monitor means “to watch, observe or check”
Note: Pending investigation of an administrative complaint against
a presidential appoint who is a career officer, the President or Supervision, Review and Control
cabinet secretary may detail said officer to any other executive
office, so long as it does not amount to an imposition of disciplinary Supervision – means overseeing or the power or authority of an
action. officer to see that their subordinate officer perform their duties.
Non-application of the President’s power of control The power of control includes the power the alter, modify or nullify
or set aside what a subordinate officer had done in the performance
The President’s power of control does not apply to reviewing, of his duties and substitute judgment.
modifying or setting aside a decision of a subordinate official in the
exercise of his quasi-judicial power after the decision has become However, in supervision, it is a lesser power than control. It does
final. not allow the superior to annul the acts of the subordinate. What he
can do only is to see to it that the subordinate performs his duties in
Why? Public interest requires that proceeds already terminated accordance with the law.
should not be altered at every step.
Review – it is a reconsideration or re-examination for purposes of
Camarines Norte Electric Cooperative, Inc. vs. Torres correction.
The rule stated above extends to a decision of the Office of the If correction is necessary, it must be done by the authority
President that has become final. It can no longer reconsider or exercising control over the subordinate or though the
modify its final decision as it has: instrumentality of the courts of justice.
2. Sec. 28 (2) of Article VI of the 1987 Constitution Local legislative power shall be exercised by:
The Congress may authorize the President to impose tariff rates, 1. Sangguniang panlalawigan: province
import and export quotas, tonnage and wharfage dues, and others 2. Sangguniang panlungsod: city
3. Sangguniang bayan: municipality
within the framework of the national development program of the
4. Sangguniang barangay: barangay
government.
Sangguniang Barangay (Barangay)
3. Certain ordinance powers (Administrative Code of 1987)
It is the smallest legislative body.
Presidential issuances
The power to declare lies the difference between government by In carrying out their quasi-judicial functions, the administrative
legislation and government by bureaucracy. officers or bodies are required to investigate or ascertain the
existence of facts, hold hearings, weigh evidence and draw
Quasi-legislative power vs. Quasi-judicial power conclusions from them as basis for their official action.
Distinction: character in the proceedings rather than the character of In questioning the validity or constitutionality of a rule or
the body conducting the proceedings. regulation issued by an administrative agency, a party need not
exhaust administrative remedies before going to court. –principle
Illustration: A body acting in a legislative capacity having judicial
applies only pursuant to its quasi-judicial function not to its rule-
power does not change the character of the legislative act.
making or quasi-judicial power
QUASI-LEGISLATIVE QUASI-JUDICIAL
Doctrine of primary jurisdiction
(rule-making power) (adjudication)
Act operates in the future rather Adjudication – means a
than on past transactions and determination of rights,
Three types of rule-making powers of administrative agencies It is the delegation of powers purely legislative in nature –
1. Rule-making by reason of particular delegation of authority - a. Power to make the law, determine what the law shall be
power to issue rules and regulations which have the force and to alter or repeal it.
b. Power to declare whether or not there shall be a law to
and effect of law.
determine the purpose/policy to be achieved by the law or
to fix the limits within which the law shall operate
A statute is complete when the subject, the manner, and the extent When a statute prescribes no or inadequate standard for the
of its operation are stated in it. exercise of a delegated legislative power and the rules issued by an
administrative agency to implement the law are null and void, since
Test of completeness: whether the provision is sufficiently definite
Congress abdicated its legislative power.
and certain to enable one to know his rights and obligations –
describes what must be done, who must do it, and the scope of his Illustration: Sec. 1 of E.O. 626A
authority.
Two (2) usual issues with delegation
b. Sufficient standard test – there must be adequate guidelines
or limitations in the law to map out the boundaries of the 1. Against the delegating statute itself – refers to whether or
delegate’s authority and prevent the delegation from not the requisites of valid delegation are present
running riot. (completeness + sufficient standard) If any one is absent,
the statute making the delegation is unconstitutional
The legislature must fix the legal principles which are to control by 2. Against the exercise of the delegated power – pertains to
setting up standards or guides to indicate the extent and prescribe whether or not the rule or regulation conforms with what
the limits of the administrative agency’s discretion. the statute provides and whether the same is reasonable.
If the rule expands or restricts the statute or is unjust or
The standard may be:
unreasonable, the same is invalid.
a. Express – standard may be found within the framework of
Rules or regulations, generally.
the statute under which the act is to be performed
b. Implied – inhere in its subject matter or purpose, and a Rules and regulations are the product of subordinate legislation.
clearly defined field of action may implicitly contain the They are valid and have the force and effect of law.
criteria which must govern the action
In order to be valid, it must be germane to the objects and purposes
These tests are intended to prevent a total transference of of the law, conform to the standards that the law prescribes, must
legislative authority to the delegate. be reasonable and must be related solely to carrying into effect the
general provisions of the law.
The standard must be reasonably adequate, sufficient, and definite
for the guidance of the administrative agency and must also be The rules must not contradict the law, but must conform to the
sufficient to enable those affected to know their rights and standard it prescribes. The rules must be limited to what the law
obligations. provides.
Regulations cannot restrict nor enlarge the law The purpose is to inform the public of its contents.
Fundamental rule: implementing rules cannot add to or distract Q: What need not be published?
from the provisions of the law it is designed to implement.
Interpretative regulations and those merely internal in nature –
Administrative regulations must be in harmony with the provisions regulating only the personnel of the administrative agency (LOI)
of the law which they are intended to carry into effect. The issuance
of an administrative rule or regulation must be in harmony with the Apart from publication, it is also required that the rules and
enabling law. regulations be filed with the U.P. Law Center of the University of the
Philippines (Chapter 2 of Book VII of the 1987 Administrative Code)
If a discrepancy occurs between the basic law and an implementing
rule or regulation, the former prevails since the law cannot be Delegation to ascertain facts
broadened by a mere administrative issuance.
Congress may delegate to the agency the power to ascertain facts as
Official powers cannot be merely assumed by administrative basis to determine when a law may take into effect or whether a law
officers, nor can they be created by the courts in the exercise of may be suspended or come to an end.
their judicial functions.
This is not delegation of what the law shall be, but how the law will
Administrative regulation is intended to supplement the law hence be enforced, which is permissible.
it cannot prevail against the law itself as the Court has interpreted
To be valid, the law delegating the power must provide the
it. The delegate cannot contradict the law from which the
standard, fix the limits within which the discretion may be
regulations derive their very existence
exercised, and define the conditions therefor. Absent these
Rules must be reasonable requirements, the laws and rules issued are void, being an undue
delegation of legislative power.
Illustration: Lupangco vs. CA
Prohibition against re-delegation; exceptions
PRC issued a resolution (Res. No. 105) prohibiting the use of any
review material three days immediately preceding every Doctrine of potestas delegate non delegari protest – What has been
examination day. delegated cannot be delegated.
Why unconstitutional? Infringes the right to liberty guaranteed by The delegated power constitutes not only a right but a duty to be
the Constitution and it violates the academic freedom of schools performed by the delegate of his own judgment and not through the
intervening mind of another.
Rules constituting an offense
The further delegation would negate the duty in violation of the
Administrative bodies have the authority to issue administrative trust reposed in the delegate mandated to discharge it directly.
regulations which are penal in nature where the law itself makes
the violation of the regulation punishable. The regulations may then This rule is particularly applicable where the power is discretionary.
validly spell out the details of the offense.
Subdelegation allowed
A law which empowers an administrative agency to issue rules and
Subdelegation has been justified by sound principles of
regulations which does not provide that violation of such rules shall
organization which demand that those at the top be able to
be unlawful and punishable or even if it does, it does not prescribe
concentrate their attention upon the larger and more important
the penalty for such violation, the administrative agency has no
questions of policy and practice.
power to penalize violation of its rules and regulation. The making
of an act a crime is purely legislative, which the legislature cannot This does not prohibit the administrative agency to use the aid of
delegate. subordinates to investigate and report to him the facts, on the basis
of which the officer makes his decision.
When rules take effect
Rate-fixing is a power given to administrative agencies to fix the Exception: in the absence of a law authorizing it
rates which public utility companies may charge to the public.
C. CONTEMPORARY CONSTRUCTION
The delegation may be sustained only if some standard for its
exercise is provided and that there is a prescribed manner of the Administrative rule vs. Administrative interpretation
exercise of the delegated power.
Q: When is a rule considered a law and when is it a mere
The statute delegating such power must be complete and must fix a interpretation of the law?
sufficient standard.
Administrative rule – as an exercise of its rule-making power
The only standard to prescribe for the guidance of the delegated by the legislature; it has the force and effect of a valid law
administrative agency is that the rate be REASONABLE and JUST. IN
the absence of an express requirement as to reasonableness, the A rule is binding on the courts as long as the procedure fixed for its
standard may be implied. promulgation is followed and its scope is within the statutory
authority granted by the legislature even when the courts are not in
In the exercise of the rate-fixing power given, the agency is limited agreement with the policy.
by the requirements of public safety, public interest, reasonable
feasibility and reasonable rates. Administrative interpretation – It renders an opinion or gives a
statement of policy; merely interprets a pre-existing law; it is
Rate fixing: quasi-legislative or quasi-judicial; when hearing merely advisory for it is the courts that finally determine what the
required law means
The function of prescribing rates may either be legislative or an Since it is merely advisory, it is the courts that finally determine
adjudicative function. what the law means. Hence, it may be set aside by the judicial
department if there is an error of law, abuse of power, lack of
Legislative function: not necessary jurisdiction or gave abuse of discretion
A: rules or rates apply to apply to all enterprises of a given kind Contemporaneous construction – construction placed upon the
throughout the PH; acts are particular and immediate; rights and statute by an executive or administrative officer called upon to
property may be affected by the action execute or administer such statute.
Juasi-judicial function: necessary; meant to apply exclusively to a It necessarily calls for the interpretation of ambiguous provisions.
particular party
Q: Why the need for such construction?
Q: When is it quasi-judicial?
A: To interpret ambiguous provisions and also they are the very first
A: it applies exclusively to a named entity and are predicated upon a officials to interpret the law, preparatory to its enforcement.
finding of facts
The interpretations are in the form of rules and regulations,
The question as to whether the issuance of a rule or order requires circulars, directives, opinions and rulings.
prior notice and hearing depends upon the nature of the power
exercised – quasi-judicial or quasi-legislative. Three (3) types of executive interpretations of the law
Implied – a practice or mode of enforcement of not applying the A: When the rules are merely interpretations of the law since it is
statute to certain situations or if applying it in a particular manner; not considered as “law”.
interpretation by usage or practice
Example: internal rules concerning the personnel of administrative
2. Construction by the Secretary of Justice in his capacity as the agency (LOI) and legal opinions
chief legal adviser of the government
Contemporaneous construction is very probably the true expression
It is in the form of opinions issued upon request of administrative of the legislative purpose especially if it is followed for a
or executive officials who enforce the law. considerable period of time. It is thus entitled to great weight and
respect by the courts in the interpretations if ambiguous provisions
In the absence of judicial ruling and reprobated by the President, of law
opinions of the Secretary of Justice are generally controlling among
administrative and executive officials of the government. Construction of rules and regulations
Note: The President or the Executive Secretary has the power to An administrative agency has the power to interpret its own rules
modify, alter or reverse the construction given by a department and such interpretation becomes part of the rules.
secretary. (by power of control over executive department)
Unless shown to be erroneous, unreasonable or arbitrary, no one is
3. Interpretation handed down in an adversary proceedings in better qualified to interpret the intent of the regulation than the
the form of a ruling by an executive officer exercising quasi- authority that issued it.
judicial power
Reasons why CC is given much weight
Interpretation of an executive officer for enforcement vs. executive
or administrative official in an adversary proceeding Q: Why is contemporaneous construction given or accorded great
weight?
Rationale: There is a distinction because the position of a public
officer, charged with the enforcement of a law, is different from the A: Because it comes from the particular branch of the government
one who must decide a dispute which has a duty to present the case called upon to implement the law thus construed. It is presumed
for the side which he represents. that the officials have familiarized themselves with all the
considerations pertinent to the meaning and purpose of the law,
Forms of interpretation and to have formed an independent, conscientious and competent
expert opinion thereon.
Administrative practice – includes any formal or informal act of the
administrative agency by which it construes, interprets, or applies Their competence, expertness, experience, and informed judgment.
the law. ( C I A).
Unless shown to be clearly erroneous, or attended by abuse of
Rules, circulars, opinions and directives are sometimes power or lack of jurisdiction or grave abuse of discretion, it is
comprehended within the term. probably the true expression of the legislative purpose especially if
it is followed for a considerable period of time.
Rule: Formal or informal interpretation or practical construction of
an ambiguous or uncertain statute or law by an executive Legislative approval of administrative construction
department or other agency is entitled to consideration and the
highest respect from the courts especially when it is long continued The legislature may, by action or inaction, approve or ratify such
and uniform or is contemporaneous with the first workings of the contemporaneous construction.
statute, etc.
Q: How is it manifested?
When an administrative agency renders an opinion or issues a
statement of policy, it merely interprets a pre-existing law; it is 1. When it re-enacts a statute previously given
merely advisory for it is the court that finally determines what the contemporaneous construction using words of similar
law means. import of the earlier law
4. Legislature has notice or knowledge of a construction placed Exception: The rule is not absolute in the interest of justice and fair
on the statute by an executive officer without repudiating play. (i.e. Tax cases). The principle of justice and good faith dictate
it, its silence is acquiescence equivalent to consent to and operate to create exceptions.
continue the practice; implied approval from failure to
change along standing administrative construction CHAPTER V
(ratihabito acquiparatur mandate)
QUASI-JUDICIAL POWER
Reenactment by legislature
A. IN GENERAL
It is the most common act of legislative approval. It is a persuasive
indication of the adoption by the legislature of the prior Quasi-judicial - the actions or discretions of public administrative
construction. officers or bodies required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw conclusions from them,
To make this principle applicable, the earlier law must be reenacted as a basis for their official action, and to exercise discretion of a
not merely amended and the construction must be in the form of judicial nature
regulation to implement the law and duly published.
The function becomes similar to that of a judge when it goes further
Q: Why is this given much weight? into adjudication or the determination of rights, privileges and
duties resulting in a decision or order which applies to a specific
A: There is an agreement between the two departments of the situation.
government - the executive and legislative - to the meaning of the
law, and it devolves upon the judiciary to give it a deferential Quasi-judicial body - an organ of the government other than a
treatment. court and a legislature, which exercises adjudicative power affecting
the rights of private persons.
Q: When is contemporaneous construction disregarded?
Basic function: adjudicate claims and/or determine rights
1. When there is no ambiguity in the law
Quasi-judicial power, generally.
2. Where the construction is clearly erroneous
It is incapable of exact definition. Quasi-judicial function may refer
3. Where strong reason to the contrary exists to other than that which a court of justice performs. (i.e. Public
prosecutor)
4. Where the court has previously given the statute a different
interpretation. Duty of public prosecutor: conduct preliminary investigation in
determining probable cause, to file an information in court and to
The duty and power to interpret the law is primarily a judicial prosecute the accused has been described as principally executive
function. It is the role of the judiciary to refine and correct the in nature.
interpretation in the context of the interactions of the three (3)
branches of the government. Judicial action – it is the adjudication of the rights of parties who
appear or are brought before the tribunal by notice or process, and
Erroneous construction creates no rights; exceptions. upon whose claims some decisions or judgment is rendered. It
implies impartiality, disinterestedness, a weighing of adverse
The doctrine of estoppel does not preclude correction by the officer claims.
himself, by his successor in office, or by the court in an appropriate
case. Exercise of judicial function: determine what the law is and what
the legal rights of the parties are with respect to a matter in
It creates no vested right on those who relied upon and followed controversy. (State ex rel. Board of Commrs. vs. Dunn)
such construction. Those who benefited from it may not prevent
correction nor excuse themselves from complying with corrected
In the discharge of executive and legislative duties, it is necessary Quasi-adjudication vs. Quasi-legislative functions
that the exercise of discretion and judgment within that subdivision
of the sovereign power which belongs to the judiciary, or at least, Quasi-adjudication (quasi-judicial) function - the determination
which does not belong to the legislative or executive department. of rights, privileges and duties by an administrative agency
resulting in a decision or order affecting a named person and
As to what is judicial and what is not is better indicated in the becoming final and executory after the lapse of a certain period.
nature of the thing rather than its definition.
Note: This does not cover rules and regulations of general
Quasi-judicial adjudication applicability.
The resolution of controversies is the raison d’etre of courts. Q: Why distinguish a rule or regulation issued an administrative
agency in its quasi-legislative and quasi-judicial power?
Q: How do you determine whether or not an act is a discharge of
judicial or quasi-judicial function? As to notice and hearing:
A: By the nature of the act to be performed rather than the office, A. QL: not necessary
board, or body which performs it.
B. QJ: required
The essential function is accomplished by:
As to the determination of appropriate remedy against its
1. Ascertainment of all the material and relevant facts improvident exercise:
(pleadings and evidence adduced by the parties)
A. QL: RTC
2. Application of the law so the controversy may be settled
authoritatively, definitely and finally (This function makes B. QJ: CA
the agency a quasi-judicial body similar to a court of
justice.) Reasons for creation of quasi-judicial agencies
The function requires: Settlement over certain disputes and controversies falling
within the agency’s expertise
1. Previously established rules and principles
Active intervention for matters calling for technical
2. Concrete facts (past or present) affecting determinate knowledge and speed in countless controversies which
individuals and decision whether the facts are governed cannot possibly be handled by regular courts
by the rules and principles
As a result of the growing complexity of the modern society,
Adjudication - an agency process for the formulation of a final more administrative agencies are created to help in the
order which presupposes compliance with such requirements regulation of its ramified activities
before such final order is issued
The need for special competence and experience which is
Quasi-judicial agencies in exercising quasi-judicial power, performs essential to the resolution of questions of complex or
the following functions: ( R A D W D) specialized character
1. Receives evidence To help unclog the dockets and to enable the court to decide
more cases falling within its jurisdiction - special
2. Ascertain the facts therefrom knowledge, experience and capability to hear and
determine promptly disputes on technical matters or
3. Determines what the law is
essentially factual matters
4. What the legal rights of the parties are
The adjudicatory powers and functions delegated to administrative
agencies is to a limited extent only.
5. Decides the controversy and renders judgment thereon
Arbitration - the reference of a dispute to an impartial third person Judicial power - the power to hear and decide causes between the
for determination on the basis of evidence and arguments parties who have the right to sue in courts of law and equity,
presented by the parties who have bound themselves to accept the belongs to the judiciary or the courts
decision. It may be voluntary or involuntary.
An administrative body delegated with quasi-judicial power wield
a. Voluntary arbitration - referral of a dispute by the parties only such powers specifically granted by the enabling statute.
pursuant to a voluntary arbitration clause or agreement to an (strictissimi juris)
impartial third person or panel for final resolution.
The quantum of powers possessed by an administrative agency will
The voluntary arbitrator acts as a quasi-judicial officer who still be limited to that conferred expressly or by necessary or fair
determines the rights of the parties and renders decision. implication in its enabling act (implied powers).
Original jurisdiction: interpretation or implementation of the CBA, Implied powers - those which are necessarily included in, and are
company policies and other labor disputes. therefore of lesser degree than the power granted. It cannot extend
to matters not embraced nor are not incidental thereto.
His decision is appealable by petition for review to the CA within 15
days from receipt. (Rule 43 of the Revised Rules of Court) To be valid, the quasi-judicial prerogatives must be limited only
those incidental to, or in connection with,the performance of
b. Involuntary arbitration - one compelled by the government to administrative duties which do not amount to conferment of
accept the resolution of the dispute through the arbitration of a jurisdiction over a matter exclusively vested in the courts.
third party.
This refers to controversies relating to the subject matter pertaining
B. JURISDICTION to its specialization, for split jurisdiction is not favored.
It is from the Latin words “juris” and “dico”: I speak by the law Estoppel to deny jurisdiction
Jurisdiction - the power or capacity conferred by the Constitution General rule: Jursdiction over the subject matter cannot be
or by law to a court or tribunal to hear and determine certain conferred by the agreement of the parties nor can it be waived.
controversies and render judgment thereon.
It is not the privilege of a party who, to accomplish his purpose, has
It is determined by the statute in force at the time of the affirmed and invoked the jurisdiction of an agency over a particular
commencement of the action. matter to afterwards deny such jurisdiction to escape penalty or
liability imposed by the appellate agency.
It is by the nature of the action, subject matter, issues and person og
the parties. It is a settled rule that a party cannot invoke the jurisdiction of a
court to secure affirmative relief against his opponent and after
Jurisdiction of the subject matter - refers to the nature of the cause failing to obtain such relief, repudiate or question that same
of the action and of the relief sought. It is vested by law; not jurisdiction. (Garments and Textile Export Board vs. CA)
acquired by consent or acquiescence of the parties nor unilateral
assumption by a tribunal Party cannot take inconsistent positions
Jurisdiction over the person of the petitioner/plaintiff - acquired by This is whereby a party or litigant takes a different position from
the filing a complaint, petition or initiatory or appropriate pleading that which he took before an administrative body.
and payment of docket or filing fees
To allow such would sanction a procedure whereby the court would
not review, but determine and decide for the first time, a question
not raised at the administrative forum.
Jurisdiction over the person of the respondent/defendant - acquired
by the service of summon or by voluntary submission to the Rationale: Prior exhaustion of administrative remedies; to give
authority of the court or tribunal. administrative authorities the prior opportunity to decide
controversies within its competence
Summons - a writ by which a respondent is notified of the action
against him and is asked to file his answer Issues not raised in the lower court cannot be raised for the first
time on appeal.
Leeway is given to arrive at a decision as long as the requirements 1. Willful violation of pertinent laws, rules and regulations
of due process have been complied with. They enjoy wide discretion
and it is sufficient that substantive due process requirement of 2. Public safety requires otherwise.
fairness and reasonableness be observed.
Institution of proceedings
A complaint is formal where it alleges the ultimate facts and prays Res judicata requires a decision on the merits by a court of
for specific reliefs. competent jurisdiction and that the decision is final and that the
two actions involve identical parties, subject matter and causes of
Q: How is a complaint verified? action
A: By an affidavit that the affiant has read the pleading and that the Pre-trial conference
allegations are true and correct of his knowledge and belief.
Before a contested case is scheduled for hearing, a pre-trial
The complaint must also be accompanied by a certificate for non- conference (formal or informal) is held among parties to the case.
forum shopping stating that:
Party - a person or agency named or admitted as a party, seeking
1. He has not commenced any action or filed any claim and entitled as of right to be admitted as a party, in any agency
involving the same issues proceeding.
2. If there is such pending action or claim, a complete Pre-trial includes the possibility of an amicable settlement,
statement of its status shall be given simplification of the issues, stipulations or admissions of facts and
of documents to avoid unnecessary proof, advisability for
3. Learned that the same action or claim has been filed or arbitration and the propriety of rendering judgment
pending: report it within five (5) days where his complaint
has been filed Default in administrative case
It is the act of a party against whom an adverse judgment has been 1. Taking and evaluation of evidence
rendered in one forum, of seeking another or of instituting two or
more actions or proceedings grounded on the same cause on the 2. Determining facts based on the evidence presented
supposition that one or the other would make a favorable
disposition. 3. Rendering an order or decision supported by the facts
proved
It is an adverse opinion in one forum, a party seeks a favorable
opinion in another forum, other than appeal or certiorari. Notice of hearing must be served at least five (5) days before the
date of hearing
Test to determine forum shopping
“Notice and hearing” are requirements of procedural due process.
If a party pursues the same cause of action, same issues, parties and The absence of which will render the decision null and void.
subject matter in two different fora.
Essence of procedural process: opportunity to be heard
Q: What is the test to determine whether there is a violation of
forum shopping?
Hearing does not necessarily require a trial-type presentation of Hierarchy of evidence values
evidence. It may be submitted for resolution on the basis of
stipulation of facts, admission of the parties, position papers, Proof beyond reasonable doubt – the logical and inevitable result
affidavits and counter-affidavits. of the evidence on record, exclusive of any other consideration, or
moral certainty or that degree of proof which produces conviction
To be heard does not mean verbal arguments, it can be through in an unprejudiced mind; required conviction of an accused in a
written pleadings. criminal case
Q: When is trial necessary? Clear and convincing – measure or degree of proof which will
produce in mind of trier of facts a firm belief or conviction as to the
A: When facts, upon which the resolution of the case will depend, allegations to be established
are in issue (exception to the exception: waiver)
Preponderance of evidence – evidence which is of greater weight
Subpoena and contempt of court or more convincing than that which is offered in opposition to; it is
evidence which is more convincing to the court as worthy of belief
General rule: When authority is conferred by law upon an than that which is offered in opposition thereto; it means the
administrative officer/non-judicial person, committee or other weight, credit and value of the aggregate evidence on either side;
body to take testimony or evidence, such authority includes the degree of evidence required in civil cases
power to issue subpoena and subpoena duces tecum and to punish
for contempt. It is also known as “greater weight of evidence” or “greater weight
of the credible evidence”
This authority applies only in the exercise of the administrative
agency’s quasi-judicial power and not its administrative or Substantial evidence – such relevant evidence as a reasonable
ministerial functions. mind might accept as adequate to support a conclusion, and its
absence is not shown by stressing that there is contrary evidence on
Subpoena - a process directed to a person requiring him to attend record (direct or circumstantial); it is the evidence required to
and testify at the hearing or trial of the action or at any investigation support a decision in a contested case in an administrative
conducted under the laws of the country proceeding
Subpoena duces tecum - an order to produce specified documents Delegation to receive evidence
which is issued upon application of a party by showing clear and
unequivocable proof that the documents sought to be produced Every agency shall have several qualified and competent members
contain evidence relevant and material to the issue of the bar as hearing officers necessary to hear and adjudicate
contested cases. (Sec. 24 (1), Book VII of the 1987 Administrative
Evidence Code)
The right to cross-examine witnesses implies that no hearsay The above-stated provision gives an implied grant of power to
evidence may be admitted except when the parties waive the same quasi-judicial agencies to delegate to hearing officers the reception
expressly or impliedly. of evidence.
Matters of judicial notice* have three (3) material requisites: Due to the adjudicatory function given, a quasi-judicial body may
delegate the function to receive evidence and perform acts
1. It must be one of common and general knowledge
necessary for the resolution of the factual issues falling within its
2. It must be well and authoritatively settled jurisdiction.
3. It must be known to be within the limits of the jurisdiction of The delegation made is not unconstitutional. Why?
the tribunal
The delegate merely reports the facts found and power is retained
*Judicial notice – a rule in the law of evidence that allows a fact to be introduced into by the quasi-judicial body to approve or reject the report and decide
evidence if the truth of that fact is so notorious or well-known, or so authoritatively the case.
attested, that it cannot be reasonably doubted
C. DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS Violation to any one of the requirements renders any judgment or
order issued null and void.
Due process consists of two (2) concepts:
Note: What due process abhors is not lack of previous notice but the
1. Substantive due process – responsiveness to the absolute lack of opportunity to be heard, since the essence of due
supremacy of reason, obedience to the dictates of justice; process is the opportunity to be heard.
arbitrariness is ruled out and unfairness avoided. It is
freedom from arbitrariness and embodiment of the Administrative due process is recognized to include:
sporting idea of fair play.
1. Right to notice (actual or constructive) of the institution of
It requires that the law itself, not merely the procedures the proceeding that may affect a person’s legal rights
by which the law would be enforced, is fair, reasonable and
just. 2. Reasonable opportunity to appear and defend his rights
2. Procedural due process – this consists of two (2) basic 3. Tribunal which gives a reasonable assurance of honesty and
rights: notice and hearing, as well as the guarantee of impartiality and competent jurisdiction
being heard by an impartial and competent tribunal.
4. A finding or decision by that tribunal supported by
It refers to the method and means by which the law is substantial evidence presented at the hearing, or at least
enforced. contained in the records or disclosed to the parties
affected
Non-observe to these rights will invalidate the
Q: What are the minimum requisites of due process?
proceedings
1. That there be an impartial tribunal to determine the right
A law which hears before it condemns
involved
Due process contemplates notice and opportunity to be heard
2. Due notice and opportunity to be heard be given
before judgment is rendered, affecting one’s person or property. It is
designed to secure justice as a living reality, not to sacrifice it by
3. The procedure at the hearing must be consistent with the
paying undue homage to formality. Substance must prevail over
essentials of a fair trial
form.
4. The proceedings be conducted in such a way that an
Cardinal primary requirements of due process, generally.
opportunity for a court to determine the applicable rules
of law and procedure were observed
1. Right to a hearing
5. Decision or ruling be supported by substantial evidence
2. Tribunal must consider the evidence presented
The rule is where an adjudicative fact is at issue, a trial-type hearing
3. Decision must have something to support itself
ought to be held. Issues of fact cannot be decided without a trial.
4. Evidence must be substantial (substantial evidence)
Cold-neutrality of an impartial judge
5. Decision must be based on the evidence presented
A critical component of due process is a hearing before an impartial
6. The tribunal must act on its own independent and disinterested tribunal.
consideration of the law and facts of the controversy
An officer must refrain from participating in reviewing any decision
rendered or concurred by him in any decision rendered or
concurred by him in another official capacity.
Notice and hearing If the rate-fixing applies to a particular person or entity predicated
on a finding of fact – the administrative agency exercising quasi-
The right to a hearing includes the right to present one’s case and to judicial act – demands notice and hearing.
submit evidence in support.
Whether notice and hearing in proceedings before a public service
In administrative cases, the general rule is that prior notice and commission are necessary depends upon the statutory or
hearing are necessary ONLY where the law so requires. constitutional provisions applicable and upon the nature and object
of such proceedings.
Q: How do you determine that notice and hearing is necessary then?
As a general rule, public utility must be afforded some opportunity
A: Inquiry should be made into the enabling statute which clothes to be heard as to the propriety and reasonableness of rates fixed for
an administrative agency/officer with certain duties and its services by a public service commission.
responsibilities.
Read case: Phil. Communications Satellite Corp. vs. Alcuaz
When prior notice not required
Prior notice in issuance of ex parte or preliminary order
Where the law is silent, prior notice and hearing depends upon the
nature of the power to be exercised or the end to be achieved. General rule: Provisional reliefs (TRO and CDO) may be granted by
quasi-judicial agencies without prior notice or hearing.
Exception: In the exercise of delegated police power, prior notice
and hearing is not necessary for the validity of the action so long as This is also true in disciplinary proceedings since preventive
the aggrieved party is subsequently accorded hearing on the action suspension is not a penalty.
taken.
Opportunity to be heard
Exception to the exception: unless the applicable law so expressly
provides Even if there is notice or opportunity to be heard, there is still
violation of due process where:
Considerations of procedural due process cannot outweigh the evil
sought to be prevented by the exercise of police power. 1. There is no evidence to support the decision
What is sought to be prevented or achieved requires immediate 2. Where evidence other than that presented
action for the public good and interest. during the proceedings or disclosed in the
records was taken into account in rendering the
Examples in the exercise of police power: ruling
a. withdrawal, suspension or annulment of a 3. Where the quasi-judicial body or officer did not
license in cases of willful violation of pertinent possess the cold neutrality of an impartial judge
laws, rules and regulations or when public
security, health or safety so require. 4. Where the administrative officer or body acted
with grave abuse of discretion amounting to lack
b. Abatement of a public nuisance per se or excess of jurisdiction
Nuisance per se – it constitutes a direct menace to public health or Where there is no denial of due process
safety. It may be abated summarily.
Instances:
(Check other examples in the book)
1. A party who has been notified of the hearing but failed to
Notice minimum requirement in summary dismissal attend
2. Where the law does not require notice and hearing before a Q: Why is the right to counsel not imperative in administrative
certain administrative action may be undertaken, but proceedings?
makes such action subject to judicial scrutiny
A: Inquiries are conducted merely to determine whether there are
However, other requirements of due process may not be dispensed facts that merit disciplinary measures against erring public officers
with – decision must have something to support itself and the and employees, with the purpose of maintaining the dignity of the
evidence must be substantial government service.
3. Filing of motion for reconsideration and when it was The right to counsel is not indispensable to due process unless
denied, he appealed to the department secretary; filing for required by the Constitution or the law.
postponement but shield away from it
E. DECISION, APPEAL AND JUDICIAL REVIEW
The absence of previous notice is not of itself a substantial defect.
What the law abhors is the lack of opportunity to be heard. In administrative law, decision is:
Informal proceeding proscribed The whole or any part of the final disposition (whether affirmative,
negative, or injunctive in form) of a quasi-judicial agency in any
Illustration: The party had an informal conduct of an administrative matter including licensing, rate-fixing and granting of rights and
proceeding and he was not able make a timely appeal – the decision privileges. (Sec.2 (8), Book VII, 1987 Administrative Code)
had not been validated since a void judgment could never become
final and could be attacked in any appropriate proceeding. Period to render decision: thirty (30) days following its submission
A party who has been heard on his motion for reconsideration The period is only directory. Hence, failure of the agency to decide
cannot invoke the denial of due process since it has the effect of within that period does not deprive it of jurisdiction. However, the
curing whatever irregularity has been committed in the administrative or judicial officer may be administratively liable as
proceedings. he is enjoined by the code of conduct for public officers.
It cures the defect in the lack of prior notice and hearing and The difference between a mandatory and directory provision is
assumes that the other requirements of due process have been determined on the grounds of expediency. The reason being is that,
complied with. less injury results to the general public by disregarding than
enforcing the letter of the law.
Exception: Any other requirements has not been complied with
Q: When is a case deemed submitted for decision?
One of the cardinal requirements of due process: decision
or ruling of an administrative body must be supported by A: After both parties shall have concluded presentation of their
substantial evidence. evidence or filing of memoranda, if required.
The decision of an administrative agency must be rendered Form of decision: Silence of the law does not excuse them from
on evidence contained in the record and disclosed to the dispensing with such requirements in writing their decisions.
party affected
Due process requires that the parties of the case be informed of
Substantial evidence as basis of decision how it is decided with an explanation of factual and legal reasons
that lead to the conclusions.
The decision must be supported by substantial evidence. Absent
this, the decision is void. Publication of decisions: It shall be the duty of the records officer of
the agency or his equivalent functionary to prepare a register or
Substantial evidence – refers to such relevant evidence as a compilation of those decisions or final orders for use by the public.
reasonable mind might accept as adequate to support a conclusion
or to afford a substantial basis from which the fact in issue can be Relief and Sanction
reasonably inferred
A quasi-judicial agency can grant a particular relief or impose a
Right to counsel, not a due process requirement specific sanction only where the enabling law authorizes the agency
The decision of only one member is void where a quorum of two is Check book Sec. 19 to 22
required. This cannot be ratified and the collegiate body has to meet
and decide the case anew. Effect of Appeal
Their acts are official only when done by the members convened in It shall stay the decision.
session, upon the concurrence of at least a majority.
Exceptions:
One man cannot take the place of the whole board, nor can his
decision be taken or have the effect of a decision of the board duly 1. unless otherwise provided by law
constituted.
2. appellate agency directs execution pending appeal
Note: Legislative intent – views and ideas should be exchanged and
The perfection of an appeal in the manner and within the period
examined before reaching a conclusion.
prescribed by law is not only mandatory but also jurisdictional.
Ex. National Telecommunications Commission (NTC), Movie and
Decisions may be appealed to higher administrative bodies, where
Television Review Classification Board (MTRCB), Constitutional
the law or regulation so provides.
Commissions
1. affecting the jurisdiction of the court over the subject Once a litigant’s rights have been adjudicated in a valid judgment by
matter a competent court, he should not be granted an unbridled license to
come back for another try.
2. evidently plain or clerical errors within the contemplation
of law Exceptions:
3. consideration of which is necessary in arriving at a just 1. When there are supervening events which make it
decision and complete resolution of the case or to serve imperative for the higher interest of justice, to modify said
the interests of justice or to avoid dispensing piecemeal judgment
justice
2. Waived or not timely raised as a defense as would amount
4. raised in the trial court and are matters of record having to a denial of justice or a bar to the vindication of a
some bearing on the issue submitted which the parties legitimate grievance
failed to raise or the lower court ignored
3. Application would involve the sacrifice of justice to
5. determination of a question properly assigned is technicality
dependent.
4. Does not operate between persons who, having been co-
Administrative review parties in the first case, are opposing parties in the second
case. Exception: individual claims in the first case were
Review – a reconsideration or re-examination of a decision or raised in issue, litigated and determined
ruling of a subordinate officer by a superior officer or higher
administrative agency Note: A judgment dismissing an action because of the pendency of
another action between the same parties and cause does not
Q: Why is the power of review necessary? operate as res judicata since the dismissal is not a judgment on the
merit.
a. To correct the acts of a subordinate
Presumption of legality
CHAPTER VI
Presumption of legality vs. regularity
DOCTRINES OF PRIMARY JURISDICTION AND EXHAUSTION OF
Finality of decision of appellate agency ADMINISTRATIVE REMEDIES
It shall be final and executory fifteen (15) days after the receipt by A. DOCTRINE OF PRIMARY JURISDICTION
the parties of a copy thereof unless a motion for reconsideration is
seasonably filed or petition for review is filed with the CA within Nature and scope
fifteen (15) days from receipt of the decision or of the denial of the
M/R. If the determination of a case requires the expertise, specialized
skills and knowledge of the proper administrative bodies because
Res judicata technical matters or intricate questions of facts are involved, then
relief must first be obtained in administrative proceeding before it
Res judicata defined can come within the proper jurisdiction of a court.
Primary jurisdiction vs. exhaustion of administrative agencies Purposes of the doctrine of primary jurisdiction
Distinction is in the application: 1. To give the administrative agency the opportunity to decide
the controversy by itself
1. Doctrine of primary jurisdiction – claim is originally
cognizable in the courts, the judicial process is suspended 2. To prevent unnecessary and premature resort to the court
pending referral of certain issues to the administrative
agency. General rule: The court cannot compel an agency to do a particular
act or to enjoin such act which is within its prerogative
This comes into play whenever enforcement of the claim
requires the resolution of issues placed within the special Exception: When in the exercise of its authority, it gravely abuses or
competence of an administrative body. exceeds its authority
The doctrine of primary jurisdiction applies in cases filed with Doctrine of primary jurisdiction not applicable (Exceptions)
the trial court, suspending the proceedings until referral to the
1. Where the administrative agency has no jurisdiction
administrative agency
2. Where the claim is substantial and that there are
The application of this doctrine does not call for the dismissal
reasonable grounds to believe that it is correct, judicial
of the case, only SUSPENSION.
intervention is allowed in order to prevent undue
Illustration: Arbitration Law (Sec. 7 of R.A. 876) harassment at the hand of ill-meaning or misinformed
administrative officials
If there is any suit or proceeding with an agreement that
arbitration shall be held, the court shall stay the action or B. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
proceeding.
General rule: Recourse through court action cannot prosper until all
2. Doctrine of exhaustion of administrative agencies – claim is the remedies have been exhausted at the administrative level.
cognizable in the first instance by the administrative
The aggrieved party should first apply for review by a higher
agency alone; judicial interference being withheld until
administrative authority before seeking judicial relief. Otherwise,
the administrative process has run its course and the
the suit may be dismissed for prematurity or lack of cause of action.
agency action is ripe for review
Where the enabling statute indicates a procedure for administrative
This is invoked in petitions for certiorari filed with the CA,
review and a system of administrative appeal or reconsideration,
or in few instances in the trial court, resolving the case on
courts for reasons of law, comity and convenience, will not entertain
Note: Non-exhaustion is a ground for a motion to dismiss or a 2. Rule of qualified political agency applies
defense that may be raised in the answer. If not raised, it is deemed
Department secretary Office of the President
waived.
Rule 43: Final orders/decisions of the Office of the President in the
Rationale for the rule
exercise of its quasi-judicial powers are appealable to the CA by
petition for review on questions of fact, of law or of mixed questions
It ensures and orderly procedure favoring preliminary
of law and fact
shifting process with matters within the competence of an
administrative agency
An appeal from the department secretary to the courts can only be
allowed by petition for certiorari (Rule 65) due to:
The administrative process is intended to provide less
expensive and more speedy solutions to disputes
a. grave abuse of discretion mounting to lack of jurisdiction;
and
It gives the administrative agency the opportunity to act
and correct errors committed in the administrative forum b. There is no plain, speedy and adequate remedy in the
ordinary course of law other than said petition
Separation of powers
3. Issue of non-exhaustion of administrative remedies has
Administrative authorities are in a better position to resolve
been rendered moot
questions addressed to their particular expertise and that errors
committed by subordinates may be rectified by their superiors if 4. Failure of a high government official from who relief is
given a chance to do so. sought to act on the matter
Mere silence of the law does not necessarily imply that judicial In considering a legislative rule, a court is free to make three (3)
review is unavailable, special civil actions may be availed of. inquiries. Whether the rule is:
The mode of review depends upon what the administrative agency 1. Within the delegated authority of the administrative
does – What is the questioned act? agency
Because of this, strong presumption of regularity and correctness is It is faculty conferred upon the official by which he may decide the
accorded their decisions. question before him either way and still be right. In this sense, his
judgment on the matter is not subject to judicial review, even if the
Interference with administrative discretion, to be avoided. same is erroneous.
The discretion given is of such wide latitude that courts will not As a rule, the exercise of discretionary powers of the executive or
interfere unless it is apparent that is used as a shield to a fraudulent quasi-judicial officer is not subject to judicial review and this is
award. applied with strictness.
In reviewing administrative decisions, the findings of facts must be Q: What is the legal basis of this hands-off policy of the judiciary?
respected as long as they are supported by substantial evidence.
A: Separation of powers or the so-called doctrine of political
Q: What are the instances in which the administrative decision may question
be set aside? (Exceptions)
Political question – a question of policy. It refers to questions that
A: proof of grave abuse of discretion, fraud or error of law are to be decided by the people in their sovereign capacity, or in
regard to which full discretionary authority has been delegated to
Apart from the requirements of substantial evidence rule, the lack the executive branch of the government.
of which empowers the court to review findings of quasi-judicial
agencies, the following are instances: It is concerned with issues dependent on the wisdom, not legality, of
an act or measure.
a. Petition for review under Rule 43
Illustration
b. Petition for certiorari, prohibition and mandamus under
Rule 65 President grants pardon. The determination of a violation thereof
rests exclusively in the sound judgment of the Chief Executive.
c. Petition for review to the SC under Rule 45 (Wilfredo Sumulong Torres Case)
Judicial interference in technical matters. When judicial review is allowed.
The courts are prohibited from issuing injunction or restraining A: When it concerns the validity of the exercise of discretionary
orders against administrative acts on controversies involving facts power. Whether it is within the limits prescribed by the
or exercise of discretion in technical cases. Constitution. In this case, it does not constitute a modification or
correction of the act of the President, nor does it constitute
Why? To allow such would disturb the smooth functioning of the
interference with the functions of the President.
administrative machin6ery.
In support thereof, the SC has been conferred an “expanded
But, on issues outside of this dimension and questions of law, courts
jurisdiction” to determine whether or not they have acted within
are not prevented from exercising their power to restrain or
bounds of the Constitution. This expanded judicial power covers
prohibit administrative acts
“appropriate cases, even the political question” (Sec.1, Art. VIII)
It does not apply to questions of law OR to matters which do not
Final decision beyond judicial review
involve discretionary acts or technical matters, nor to anomalies
committed by administrative officers or to non-compliance with Decisions and orders of administrative agencies, rendered pursuant
bidding requirements, for the law cannot be used as shield from to their quasi-judicial authority, have upon their finality, the force
judicial scrutiny against irregularities committed by administrative and binding effect of a final judgment within the purview of the
agencies. doctrine of res judicata.
Judicial review of presidential discretion The right to appeal is only a statutory right. It is exercised only in
the manner and in accordance with the provision of law. Failure to
C. PETITION FOR REVIEW UNDER RULE 43 OF RULES OF COURT Certiorari – deals exclusively with grave abuse of discretion, which
may not exist even when the decision is otherwise erroneous
Petition for review as a mode of appeal
Writ of certiorari – an extraordinary remedy
A petition for review is a mode of appeal from the decisions or final
orders of quasi-judicial agencies exercising quasi-judicial functions In a special civil action of certiorari, the Court will not engage in
filed with the CA pursuant to Sec.9 of B.P. Blg. 129 and Rule 43 of review of the facts found nor even of the law as interpreted or
the Revised Rules of Court applied unless the errors of fact or of law are so patent and gross
and prejudicial as to amount to a grave abuse of discretion or an
It includes appeals from any quasi-judicial agency in the exercise of exces de pouvoir on the part of the administrative agency
quasi-judicial functions. It involves questions of fact, of law, or
mixed questions of fact and law. Period of appeal
(Question of fact and law, defined) A: It shall be taken within 15 days from notice of the award,
judgment, final order or resolution, or from the date of its last
If a statute provides that a decision of a quasi-judicial body is publication, if publication is required by law for its effectivity or
appealable directly to the SC, if enacted without the advice and denial of petitioner’s motion for new trial or reconsideration (Sec.4)
concurrence of the latter, is not effective and the appeal must be
taken to the CA under Rule 43.
In using Rule 43, there must first be exhaustion of administrative How appeal taken
remedies and that the final order or decision has been rendered in
the exercise of its quasi-judicial function. By filing a verified petition for review in 7 legible copies with the CA
within 15 days from notice of judgment or final order or denial of a
Excluded from the coverage of Rule 43 motion for new trial or reconsideration
Decisions of the COMELEC and COA shall be appealable by means of The original copy of the petition intended for the CA shall be
petition for certiorari under Rules 64 and 65 filed with the SC indicated in the face and proof of service to the adverse party and
within thirty (30) days from notice. court or agency a quo must be attached to the original copy of said
petition. Payment of docketing and other lawful fees and deposit the
Petition for review vs. Petition for certiorari sum of P500.00 for costs shall be made to the clerk of court to the
CA.
Petition for Review (Rule 43) Petition for Certiorari (Rule 65)
It is an ordinary appeal from a It is a special civil action seeking Contents of petition
final order or decision of a to nullify or modify an order or
quasi-judicial body to the CA resolution of an administrative The petition for review shall:
after exhausting administrative agency exercising judicial or
agencies quasi-judicial functions which
1. State the full names of the parties to the case
acted without or in excess of
jurisdiction or grave abuse of
2. Concise statement of the facts and issues and the grounds
discretion amounting to lack of
jurisdiction relied upon for review
No appeal, or any plain, speedy,
and adequate remedy in the 3. Accompanied by a clearly legible duplicate original or a
ordinary course of law certified true copy of the award, judgment, final order or
resolution appealed from and other supporting papers
Filed 15 days from receipt of the Filed within 60 days from
decision or resolution denying a receipt of the questioned 4. Sworn certification against forum shopping
motion for reconsideration judgment, order or resolution
with the SC, CA, or the RTC Note: The petition shall state the specific material dates showing
Questions of fact, of law, or Questions of law that it was filed within the period fixed therein.
mixed questions of fact and law
May review errors of fact or Errors of jurisdiction Certification against forum shopping
errors of judgment
Effect of failure to comply with requirements Rule: Findings of fact of administrative agencies are entitled to great
weight, if not finality, if supported by substantial evidence, or
It shall be a sufficient ground for the dismissal of the petition. negatively stated if the findings are not shown to be unsupported by
evidence.
What if petitioner filed a petition for certiorari instead of a petition
for review? Dismissal of the petition is warranted Executive decisions are conclusive on questions of fact and not
subject to review by the courts in the absence of fraud, imposition
Substantial compliance with the requirements is sufficient. Hence, a
or mistake other than error of judgment in estimating the value or
petition which substantially complies with the requirements of Rule
effect of evidence.
43 should be given due course.
Exceptions to substantial evidence rule
The rules must be interpreted and applied to attain, not defeat, the
ultimate purpose of all rules of procedure, which is to achieve 1. Factual findings of the administrative agency and
substantial justice as expeditiously as possible the initial fact-finding agency are conflicting;
The findings of fact of the court or agency, when supported by 9. Findings are conclusions without citation of the
substantial evidence, shall be binding on the CA. specific evidence on which they are based; and
Substantial evidence rule; findings are generally binding. 10. Findings are premised on the absence of
evidence but such findings are contradicted by
the evidence on record
Within fifteen (15) days from notice that the petition has been given Error of jurisdiction – one where the act complained of was issued
due course, the CA may require the court or agency concerned to by the
transmit the original or a legible certified true copy of the entire
record of the proceeding under review. (Sec.11)
The appeal shall not stay the award, judgment, final order or
resolution sought to be reviewed unless the CA shall direct
otherwise upon such terms as it may deem just. (Sec.12 of Rule 43)
This provision does not allow execution pending appeal unless the
applicable law so provides, and even when the law authorizes
execution pending appeal, the CA may stay the execution upon such
terms as it may deem just.
If the petition is given due course, the CA may set the case for oral
argument or require the parties to submit memoranda within a
period of fifteen (15) days from notice. The case shall be deemed
submitted for decision upon the filing of the last pleading or
memorandum required by these Rules or by the CA (Sec. 13)