Political Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ADMINISTRATIVE LAW
Sources of power of administrative agencies:
charter or statute
constitution
Powers of Administrative Agencies
As to their nature:
1. Quasi-legislative power / Power of
subordinate legislation
2. Quasi-judicial
power/Power
of
adjudication
3. Determinative powers (Note: Senator
Neptali Gonzales calls them incidental
powers)
4. Investigatory power (although some
authors include this as part of quasijudicial power, De Leon is of the opinion
that it is separate and distinct, not
merely incidental)
Note: the failure to exercise such powers
granted to them does not forfeit or extinguish
them
As to the degree of subjective choice:
1. Discretionary- the power or right
conferred upon them by law to act
officially under the circumstances,
according to the dictates of their own
judgment/conscience
2. Ministerial- nothing is left to discretion; a
duty performed in response to what has
been imposed by law
Definition of "QUASI-LEGISLATIVE POWER"
It is the authority delegated by the law-making
body to the administrative body to adopt rules
and regulations intended to carry out the
provisions of a law and implement legislative
policy.
Distinctions between Quasi-legislative power
and legislative power
1. LEGISLATIVE power involves the
discretion to determine what the law
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involves the discretion to determine how
the law shall be enforced.
2. LEGISLATIVE power CANNOT be
delegated. QUASI-legislative power
CAN be delegated.
Tests of Delegation (applies to the power to
promulgate administrative regulations)

1. COMPLETENESS test. This means

that the law must be complete in all its
terms and conditions when it leaves the
legislature so that when it reaches the
delegate, it will have nothing to do but to
enforce it.
2. SUFFICIENT STANDARD test. The law
must offer a sufficient standard to
specify the limits of the delegates
authority, announce the legislative policy
and specify the conditions under which it
is to be implemented.
NOTE: These two must CONCUR. If one or
both are absent, any delegation that occurs is
UNDUE DELEGATION of legislative powers.
Exceptions to the rule requiring standards or
guides
handling of state property or funds
when the law does not involve personal
or property rights
matters of internal administration
power of the board to make
recommendation
matters involving privileges (like use of
property, engaging in profession)
regulation or exercise of police power to
protect general welfare, morals and
public policy
Limitations on the exercise of quasilegislative power
1. it must be within the limits of the powers
granted to Administrative agencies
2. cannot make rules or regulations which
are inconsistent with the provisions of
the Constitution or statute
3. cannot defeat/ derogate the purpose of
the statute
4. may not amend, alter, modify, supplant,
enlarge, or limit the terms of the statute
5. a rule or regulation must be uniform in
operation, reasonable and not unfair or
discriminatory
Definition of QUASI-JUDICIAL POWER
It is the power of administrative authorities to
make determinations of facts in the performance
of their official duties and to apply the law as
they construe it to the facts so found. .It
partakes of the judicial, but is exercised by a
person other than a judge.
Determinative Powers [DEEDS]
1. ENABLING powers
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Those that PERMIT the doing of an act which
the law undertakes to regulate and would be
unlawful without government approval.
Ex. Issuance of licenses to engage in a
particular business
2. DIRECTING powers
Those that involve the corrective powers of
public
utility
commissions,
powers
of
assessment under the revenue laws, reparations
under public utility laws, and awards under
workmens compensation laws, and powers of
abstract determination such as definitionvaluation, classification and fact finding
3. DISPENSING powers
Exemplified by the authority to exempt from or
relax a general prohibition, or authority to relieve
from an affirmative duty. Its difference from
licensing power is that dispensing power
sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against
person or property to effectuate a legal purpose
without a judicial warrant authorizing such
action; usually without notice and hearing.
Ex. Abatement of nuisance, summary
restraint, levy of property of delinquent
taxpayers
5. EQUITABLE powers
Those that pertain to the power to determine the
law upon a particular state of facts. It refers to
the right to, and must, consider and make proper
application of the rules of equity.
Ex. Power to appoint a receiver, power to
issue injunctions
Definition of INVESTIGATORY POWER
The power to inspect, secure, or require
the disclosure of information by means of
accounts, records, reports, statements and
testimony of witnesses.
Administrative agencies do not have the
inherent power to require the attendance of
witnesses but has the power to require the
production of books, etc. The exertion if not
expressly provided for by law must be done
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Neither do they have the inherent power
to punish a person who fails to appear before
them for contempt in the absence of any
statutory provision granting the same.

Kinds of Administrative Regulations

DISTINC
TIONS
1. Capacity
that
administrati
ve agency
is acting in
2. What
administrati
ve agency
is doing
3. Force
and effect

LEGISLATIVE
Legislative

It supplements
the statute by
filling
in
the
details
Legislative
regulations have
the force and
effect of law
immediately
upon going into
effect. Such is
accorded by the
courts or by
express
provision of
statute.

INTERPRE
TATIVE
Judicial

It
says
what
the
statute
means
Merely
persuasive/
Received
by the
courts with
much
respect but
not
accorded
with finality

Requisites of a Valid Administrative

Regulation
1. Its promulgation must be authorized by
the legislature.
2. It must be within the scope of the
authority given by the legislature.
3. It must be promulgated in accordance
with the prescribed procedure.
4. It must be reasonable.
Need for Previous Notice and Hearing
1. General Rule: Administrative rules of
GENERAL application do NOT require
previous notice and hearing.
2. Exceptions:
a. When the legislature itself requires it
and mandates that the regulation
shall be based on certain facts as
determined at an appropriate
investigation.
b. And, if the regulation is in effect a
settlement of a controversy between
specific parties, it is considered an
administrative
adjudication,
requiring notice and hearing.
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Prescribing of Rates
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to
apply to all enterprises of a given kind
throughout the country, prior notice and
hearing is NOT required.
2. QUASI-JUDICIAL
If the rules and rates imposed
apply exclusively to a particular party,
based upon a finding of fact, prior notice
and hearing is REQUIRED.
Requirement of Publication
Administrative Regulations that MUST be
published:
1. Administrative regulations of GENERAL
application.
2. Administrative regulations which are
PENAL in nature.
3. When the law specifically requires
notice and hearing
Administrative regulations that DO NOT NEED
to be published:
1. INTERPRETATIVE regulations
2. INTERNAL
RULES
AND
REGULATIONS
governing
the
personnel of the administrative agency.
3. Letters of instruction issued by
administrative superiors concerning
guidelines to be followed by their
subordinates. (Tanada v. Tuvera)
Special Requisites of a Valid Administrative
Regulation with a PENAL sanction
1. The law itself must make violation of the
administrative regulation punishable.
2. The law itself must impose and specify
the penalty for the violation of the
regulation.
3. The regulation must be published.
Requisites for Proper Exercise of QuasiQuickTime and a
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Judicial Power
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1. Jurisdiction
2. Due process

Requirements of Procedural Due Process in

Administrative Proceedings

1. The right to a hearing, which includes

the right to present ones case and
submit evidence in support thereof.
2. The tribunal must consider the evidence
presented.
3. The decision must be based on facts
and law.
4. The evidence must be substantial.
5. The decision must be rendered on the
evidence presented at the hearing, or at
least contained in the record and
disclosed to the parties affected.
6. The tribunal or body or any of its judges
must act on its or his own independent
consideration of the law and facts of the
controversy and not simply accept the
views of a subordinate in arriving at a
decision.
7. The 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.
NOTE: The rule requiring an admin officer to
exercise his own judgment and discretion DOES
NOT preclude him from utilizing the aid of his
subordinates in the hearing and reception of
evidence.
When an admin agency acts as a collegiate
body, its power and duties CANNOT be
exercised by the members individually.
Exceptions to the Notice and Hearing
Requirement:
1. Urgency of immediate action
2. Tentativeness of the administrative
action
3. Right was previously offered but not
claimed
4. Summary abatement of a nuisance per
se
5. Preventive suspension of a public
servant facing administrative charges
6. Padlocking of filthy restaurants/theaters
showing obscene movies
7. Cancellation of a passport of a person
sought for criminal prosecution
8. Summary proceedings of levy upon
properties of a delinquent taxpayer
9. Replacement of a temporary or acting
appointee
Doctrine
REVIEW

of

RIPENESS

FOR

JUDICIAL

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1. This determines the point at which
courts may review admin action.
2. Application:
a. when the interest of the plaintiff is
subjected
to
or
imminently
threatened with substantial injury
b. if the statute is self-executory
c. when a party is immediately
confronted with the problem of
complying or violating a statute and
there is a risk of criminal penalties
d. when plaintiff is harmed by the
vagueness of the statute
Questions Reviewable on Judicial Review:
1. Questions of FACT
General Rule: Courts will not disturb
the findings of administrative agencies
acting within the parameters of their own
competence.
Exception: If such findings are NOT
supported by substantial evidence.
By reason of their special knowledge,
expertise, and experience, the courts
ordinarily accord respect if not finality to
factual findings of administrative tribunals.
2. Questions of LAW
Administrative
decision
may
be
appealed to the courts independently of
legislative permission.
It may be appealed even against
legislative prohibition because the judiciary
cannot be deprived of its inherent power to
review all decisions on questions of law.
Enforcement of admin determinations/
decisions
Must be in accordance with the manner
prescribed by the statute. Or, if there is no
provision, resort to the courts is necessary for
enforcement.
Doctrine of FINALITY
General Rule: Courts are reluctant to interfere
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its completion or finality. Absent a final order or
decision, power has not been fully and finally
exercised, and there can usually be no
irreparable harm.
Exceptions:
1. Interlocutory order affecting the merits of
a controversy;
2. Preserve status quo pending further
action by the administrative agency;

3. Essential to the protection of the rights

asserted from the injury threatened;
4. Officer assumes to act in violation of the
Constitution and other laws;
5. Order not reviewable in any other way;
6. Order made in excess of power
Doctrine of PRIMARY JURISDICTION
1. Courts cannot or will not determine a
controversy,
which
requires
the
expertise,
specialized
skills
and
knowledge of the proper administrative
bodies because technical matters of
intricate questions of fact are involved.
2. Relief must first be obtained in an
administrative proceeding before a
remedy will be supplied by the court,
despite the matter is within the proper
jurisdiction of a court.
Doctrine of PRIOR RESORT
When a claim originally cognizable in the courts
involves issues, which under a regulatory
scheme are within the special competence of an
administrative agency, judicial proceedings will
be suspended pending the referral of these
issues to the administrative body for its view.
NOTE: The doctrines of primary jurisdiction and
prior resort have been considered to be
interchangeable.
Doctrine
of
EXHAUSTION
OF
ADMINISTRATIVE REMEDIES
General Rule: An administrative decision must
first be appealed to the administrative superiors
up to the highest level before it may be elevated
to a court of justice for review.
NOTE: The premature invocation of a courts
intervention is fatal to ones cause of action
Reasons:
1. to enable the administrative superiors to
correct the errors committed by their
subordinates.
2. courts should refrain from disturbing the
findings of administrative bodies in
deference to the doctrine of separation of
powers.
3. courts should not be saddled with the
review of administrative cases.
4. judicial review of administrative cases is
usually effected through special civil
actions which are available only if there is
no other plain, speedy and adequate
remedy.

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Exceptions:
1. when the question raised is purely
legal, involves constitutional questions
2. when the administrative body is in
estoppel
3. when act complained of is patently
illegal
4. when there is urgent need for judicial
intervention
5. when claim/ amount involved is small
6. when irreparable damage is involved
7. when there is no other plain, speedy ,
adequate remedy
8. when strong public interest is involved
9. when the subject of controversy is
private land
10. in quo warranto proceedings
11. when the administrative remedy is
permissive, concurrent
12. utter disregard of due process
13. long-continued and unreasonable delay
14. when no administrative review is
provided
15. respondent is a department secretary
(DOCTRINE
OF
QUALIFIED
POLITICAL AGENCY ALTER EGO
DOCTRINE)
Substantial evidence defined to mean not
necessarily preponderant proof as required in
ordinary civil cases but such kind of relevant
evidence which a reasonable mind might accept
as adequate to support a conclusion.

Tudtud v. Caayon ,454 SCRA 10 (March 28,

2005)
Ratio:
Civil Service Commission Resolution
No. 99-1936 classifies simple neglect of
duty as a less grave offense and
imposes the penalty of suspension of 1
month and 1 day to 6 months for the
first offense.
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(Uncompressed)
decompressor31,
Lim v.Dumlao, 454TIFF
SCRA
196 (March
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2005)
Ratio:
Unjustified failure to comment on an
administrative complaint constitutes
gross misconduct and insubordination.

MMDA v. Garin, 456 SCRA 176 (April 15, 2005)

Ratio:
Only where there is a traffic law or
regulation validly enacted by legislature
or those agencies to whom legislative
powers have been delegated that the
MMDA may confiscate and suspend or
revoke drivers licenses in the exercise
of its mandate of transport and traffic
management, as well as the
administration and implementation of all
traffic enforcement operations, traffic
engineering services and traffic
education programs.
Republic Act No. 7924 does not grant
the MMDA with the police power, let
alone the legislative power, and that all
its functions are legislative in nature.
The laudable intentions regarding the
creation of the MMDA are limited by its
enabling law which the Court can but
interpret MMDAs efforts must be
authorized by a valid law, or ordinance,
or regulation arising from a legitimate
source.

Bagano v. Hontanosas, 458 SCRA 59 (May 6,

2005)
Ratio:
When the law or rule is so elementary,
as that which written motions to be
heard, not knowing about it constitutes
gross ignorance of the law even in the
absence of malicious intent.
Mendoza v National Police Commission ,460
SCRA 399 (June 21, 2005)
Ratio: In cases where the decision rendered by
a bureau or office is appealable to the Civil
Service Commission, the same may initially be
appealed to the Department and finally to the
Commission.
Concerned Taxpayer v Doblada*, 470 SCRA
218 (September 20, 2005)
Ratio:
The prescription provided for in RA 3019
does not apply in administrative cases
administrative offenses do not prescribe.

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