Escolar Documentos
Profissional Documentos
Cultura Documentos
The branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to individual remedies for the violations of his rights. II. Scope of administrative law
Administrative law embraces all the law that controls, or is intended to control, the administrative operations of the government. III. Classification of administrative law A. That body of statutes setting up or creating administrative agencies and endowing them with power and duties; B. That body of agency-made law, i.e., rules, regulations and orders promulgated in the exercise of quasi-legislative and quasi-judicial functions; C. That body of legal principles governing the acts of public agents which conflict with private rights; D. That body of determinations, decisions and orders of administrative bodies made in the settlement of controversies arising in their particular fields. Origin and development of administrative law Advantages of the administrative process NATURE OF ADMINISTRATIVE AGENCIES I. Concept A. Definition of administrative agency - An administrative agency is defined as "[a] government body charged with administering and implementing particular legislation. Examples are workers' compensation commissions, x x x and the like. x x x The term 'agency' includes any department, independent establishment,
1. Mandatory statutory requirement intended for the protection of the citizens and by a disregard of which their rights are injuriously affected; 2. Directory if no substantial right depend on it and no injury can result from ignoring it and purpose of legislature can be accomplished in a manner other than that prescribed and substantially, the same results attained. C. Administrative function, defined Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the Policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence
IV. V.
1|Page
In Re: Rodolfo Manzano 166 SCRA 246 Facts: Its a petition file by judge manzano allowing him to accept the appointment by executive order by the governor of ilocos sur Rodolfo farinas as the member of ilocos norte provincial committee on justice created pursuant to presidential order. That his membership in committee will not in any way amount to an abandonment to his present position as executive judge of branch xix, RTC, first judicial region and as a member of judiciary. Issue: What is an administrative agency? Ruling: Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the Policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence The petition is denied. The Constitution prohibits the designation of members of the judiciary to any agency performing quasi-judicial or administrative functions. (Section 12, Article VIII, Constitution.) Insofar as the term "quasi-judicial" is concerned, it has a fairly clear meaning and Judges can confidently refrain from participating in the work of any administrative agency which adjudicates disputes and controversies involving the rights of parties within its jurisdiction. The issue involved in this case is where to draw the line insofar as administrative functions are concerned. "Administrative functions" as used in Section 12 refers to the executive machinery of government and the performance by that machinery of governmental acts. It refers to the management actions, determinations, and orders of executive officials as they administer the laws and try to make government effective. There is an element of positive action, of supervision or control. In the dissenting opinion of Justice Gutierrez: Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon
Fernandez vs Sto. Tomas 248 SCRA 194 Facts: In this Petition for Certiorari, Prohibition and Mandamus with Prayer for a Temporary Restraining Order, petitioners Salvador C. Fernandez and Anicia M. de Lima assail the validity of Resolution No. 94-3710 of the Civil Service Commission and the authority of the Commission to issue the same. Petitioner Fernandez was serving as Director of the Office of Personnel Inspection and Audit while petitioner de Lima was serving as Director of the Office of the Personnel Relations, both at the Central Office of the Civil Service Commission in Quezon City, Metropolitan Manila. While petitioners were so serving, Resolution No. 94-3710 signed by public respondents Patricia A. Sto. Tomas and Ramon Ereneta, Jr., Chairman and Commissioner, respectively, of the Commission, was issued . Issues : (1)Whether or not the Civil Service Commission had legal authority to issue Resolution No. 94-3710 to the extent it merged the OCSS [Office of Career Systems and Standards], the OPIA [Office of Personnel Inspection and Audit] and the OPR [Office of Personnel Relations], to form the RDO [Research and Development Office]; and
2|Page
Lianga Bay Logging, Inc. vs Judge Enage 16 July 1987 Ruling: As recently stressed by the Court, "in this era of clogged court dockets, the need for specialized administrative boards or commissions with the special knowledge, experience and capability to hear and determine promptly disputes on technical matters or essentially factual matters, subject to judicial review in case of grave abuse of discretion, has become well nigh indispensable. Solid Homes vs Payawal 29 August 1989 Ruling: As a result of the growing complexity of the modern society, it has become necessary to create more and more administrative bodies to help in the regulation of its ramified activities. Specialized in the particular fields assigned to them, they can deal with the problems thereof with more expertise and dispatch than can be expected from the legislature or the courts of justice. Reyes vs Caneba Ruling: "(T)he thrust of the related doctrines of primary administrative jurisdiction and exhaustion of administrative remedies is that courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence . Acts of an administrative agency must not casually be overturned by a court, and a court should as a rule not substitute its judgment for that of the administrative agency acting within the perimeters of its own competence." Blue Bar Coconut Phil. Vs Tantuico 29 July 1988 Ruling: The petitioners also question the respondents' authority to audit them. They contend that they are outside the ambit of respondents' "audit" power which is confined to governmentowned or controlled corporations. This argument has no merit. Section 2 (1) of Article IX-D of the Constitution provides that "The Commission on Audit shall have the power, authority and duty to examine, audit, and settle all accounts pertaining to the revenues and receipts of, and expenditures or uses of funds and property,
3|Page
Iron and Steel Authority vs CA 249 SCRA 538 1. Definition of Government of the Republic of the Phils. - refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. 2. Definition of Agency of the government - refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein. 3. Definition of Instrumentality - refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporations. 4. Definition of Administration US vs Dorr 2 Phil 332
E.
1. Those created to function in situations wherein the government is offering some gratuity, grant, or special privilege; (SSS, GSIS,PAO) 2. Those set up to function in situations wherein the government is seeking to carry on certain functions of government; (BIR, LRA, BoC, BI) 3. Those set up to function in situations wherein the government is performing some business service for the public; (Bureau of Posts, PNR, MWS) 4. Those set up to function in situations wherein the government is seeking to regulate business affected with public interest; (LTFRB, ERB, HLURB) 5. Those set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals; (MTRCB, GAB, DDB) 6. Those agencies to set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved. (NLRC, ECC, DAR, COA)
agencies and
Administrative agencies have certain quasi-judicial powers which allows them to interpret and apply rules and regulations.
4|Page
II. Creation, reorganization, and abolition of administrative agencies A. Creation of administrative agencies Eugenio vs CSC 243 SCRA 196 Facts: Petitioner is the Deputy Director of the Philippine Nuclear Research Institute. She applied for a Career Executive Service (CES) Eligibility and a CESO rank, On August 2, 1993, she was given a CES eligibility. On September 15, 1993, she was recommended to the President for a CESO rank by the Career Executive Service Board. All was not to turn well for petitioner. On October 1, 1993, respondent Civil Service Commission2 passed Resolution No. 934359. The resolution became an impediment to the appointment of petitioner as Civil Service Officer, Rank IV.
5|Page
Issue: WON the CSC had the power to abolish the career executive service board. Ruling: No. "Except for such offices as are created by the Constitution, the creation of public offices is primarily a legislative function, In so far as the legislative power in this respect is not restricted by constitutional provisions, it is supreme, and the legislature may decide for itself what offices are suitable, necessary, or convenient. When in the exigencies of government it is necessary to create and define duties, the legislative department has the discretion to determine whether additional offices shall be created, or whether these duties shall be attached to and become ex-officio duties of existing offices. An office created by the legislature is wholly within the power of that body, and it may prescribe the mode of filling the office and the powers and duties of the incumbent, and, if it sees fit, abolish the office." B. Abolition of administrative agencies Busacay v. Buenaventura 93 Phil 787 Facts: Plaintiff Marcelino A. Busacay was a duly-appointed and qualified pre-war toll collector, classified as permanent by the Civil Service Commission, but was laid off due to the destruction of the bridge caused by flood. When the bridge was reconstructed and reopened to traffic, Busacay notified the respondent Provincial Treasurer of his intention and readiness to resume his duties, but he was refused reinstatement. Issue: Whether or not the total destruction of the bridge abolished the position of toll collector. Held: The SC ruled in the negative. All offices created by statute are more or less temporary, transitory or precarious in that they are subject to the power of the legislature to abolish them. But this is not saying that the rights of the incumbents of such positions may be impaired while the offices exist, except for cause. De la Llana v. Alba 112 SCRA 294
Facts: President Ferdinand E. Marcos issued P.D. No. 1341 converting the Phil College of Commerce into a Polytechnic University, defining its objectives, organizational structure and functions, and expanding its curricular offerings. Issue: Whether or not P.D. 1341 did not abolish but only changed, the former PCC into what is now the PUP. Held: No, what took place was a change in academic status of the educational institution not in its corporate life. When the purpose is to abolish a department or an office or an organization and to replace it with another one, the lawmaking authority says so. Neither the addition of a new course offerings nor changes in its existing structure and organization bring about the abolition of an
6|Page
National Land Titles and Deeds Registration Administration vs CSC 221 SCRA 145
Facts: he records show that in 1977, petitioner Garcia, a Bachelor of Laws graduate and a First grade civil service eligible was appointed Deputy Register of Deeds VII under permanent status. Said position was later reclassified to Deputy Register of Deeds III pursuant to PD 1529, to which position, petitioner was also appointed under permanent status up to September 1984. She was for two years, more or less, designated as Acting Branch Register of Deeds of Meycauayan, Bulacan. By virtue of Executive Order No. 649 (which took effect on February 9, 1981) which authorized the restructuring of the Land Registration Commission to National Land Titles and Deeds Registration Administration and regionalizing the Offices of the Registers therein, petitioner Garcia was issued an appointment as Deputy Register of Deeds II on October 1, 1984, under temporary status, for not being a member of the Philippine Bar. She appealed to the Secretary of Justice but her request was denied. Petitioner Garcia moved for reconsideration but her motion remained unacted. On October 23, 1984, petitioner Garcia was administratively charged with Conduct
7|Page
8|Page
Carpio vs Executive Secretary 206 SCRA 290 Facts: The petitioner questioned the constitutionality of R.A. 6975 otherwise known as the PNP Organic law placing the Philippine National Police under the reorganized Department of Interior and Local Government in pursuant to the provision of the constitution that the state shall establish and maintain one police force which is national in scope and civilian in character. The petitioner alleged that the said law limits only the power of the National Police Commission into an administrative control over the PNP, thus, control remained with the Department Secretary under whom both the PNP and NAPOLCOM were placed. Issue Whether or not the control over the PNP is vested soley to the Department Secretary of the DILG. Ruling The Presidential Power of control was held to mean the power of the President to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter. This Presidential power of control over the executive branch of government extends over all executive officers from Cabinet Secretary to the lowliest clerk and has been held by us. Thus, and in short, the Presidents power of control is directly exercised by him over the members of the Cabinet who, in turn, and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department.
9|Page
C. Doctrine of qualified political agency, defined alter ego doctrine; Noblejas vs Salas 67 SCRA 47 Facts: It appears that on several occasions prior to 1968, various land titles (Torrens titles) covering lands situated within the Province of Rizal were amended on the basis of supposed corrective resurveys, by increasing the respective areas covered by said titles. The corresponding certifications of the verifications of these resurveys were issued by the Land Registration Office, headed then by petitioner Noblejas, and subsequently approved by the court, in instances where the subdivision plans were complex, the action of the office being sufficient where the subdivision plans were simple. Allegedly, however, it turned out that the increases in said various amendments were far in excess of the respective corresponding real areas of the lands involve, so much so that even vast portions of lands and waters of the public domain not
10 | P a g e
1. the abolition or creation of an executive office; 2. the suspension or removal of career executive officials or employees without due process of law; 3. the setting aside, modification, or supplanting of decisions of quasi-judicial agencies, including the office of the President, on contested cases to have become final pursuant to law or to rules and regulations promulgated to implement the law; E. Power of supervision Mondano vs Silvosa 97 Phil 143 Facts : The petitioner is the duly elected and qualified mayor of the municipality of Mainit, province of Surigao. On 27 February 1954 Consolacion Vda. de Mosende filed a sworn complaint with the Presidential Complaints and Action Committee accusing him of (1) rape committed on her daughter Caridad Mosende; and (2) concubinage for cohabiting with her daughter in a place other than the conjugal dwelling. On 6 March the Assistant Executive Secretary indorsed the complaint to the respondent provincial governor for immediate investigation, appropriate action and report. On 10 April the petitioner appeared before the provincial governor in obedience to his summons and was served with a copy of the complaint filed by the provincial governor with the provincial board. On the same day, the provincial, governor issued Administrative Order No. 8 suspending the petitioner from office. Thereafter, the Provincial Board proceeded to hear the charges preferred against the petitioner over his objection. The petitioner prays for a writ of prohibition with preliminary injunction to enjoin the respondents from further proceeding with the hearing of the administrative case against him and for a declaration that the order of suspension issued by the respondent provincial governor is illegal and without legal effect. Issue : Whether or not the department head as agent has the direct control and supervision over all bureaus and offices under his jurisdiction Ruling : The department head as agent of the President has direct control and supervision over all bureaus and offices under his jurisdiction as provided for in section 79(c) of the Revised
(and naturally of his alter ego) to interfere in the exercise of such discretion as may be vested by law in the officers of the national government, as well as to act in lieu of such officers. The provisions of the existing law to the contrary notwithstanding, whenever a specific power, authority, duty, function, or activity is entrusted to a chief of bureau, office, division or service, the same shall be understood as also conferred upon the proper Department Head who shall have authority to act directly in pursuance thereof, or to review, modify or revoke any decision or action of said chief of bureau, office, division or service. Accordingly, the law confers upon the Secretary only 'general supervision and control' may not be construed as limiting or in any way diminishing the pervasiveness of the Secretary's power of control which is constitutionally based, since he acts also as alter ego of the President. Acts of the (alter ego) secretary is presumed to be that of the president. D. Limitations on the power of control
11 | P a g e
Ruling: The court granted the petition. While the Secretary of Finance has the power to revise their budget, local governments should be given a large degree of freedom in determining for themselves the propriety and wisdom of the expenses that they make provided that the expenses contemplated are within their financial capacity. The supervisory authority of the President over local governments is limited by the phrase as provided by law and where there is no law in accordance with which said authority is to be exercised, it must be exercised in accord with general principles of law. The Secretary of Finance is an official of the central government, not of provincial governments, which are distinct and separate. The power of general supervision granted to the President over local governments, in the absence of any express provision of law, may not generally be interpreted to mean that hem or his alter ego the Secretary of Finance, may direct the form and manner in which local officials shall perform or comply with their duties. Further, the court ruled that the act of the provincial board in suppressing the positions of three special counsel not being contrary to law, nor an act of maladministration, nor an act of abuse, the same may not be disapproved by the Secretary of Finance acting as a representative of he President by virtue of the latters power of general supervision over local governments.
Rodriguez vs Montinola 94 Phil 973 Facts: An original action of certiorari instituted in the Supreme Court by the Provincial Governor and the members of the Provincial Board of Pangasinan to nullify the disapproval of the Secretary of Finance of their Resolution abolishing the positions of three special counsel in the province, to prohibit the provincial treasurer and the district from paying the salaries if three special counsel and to prevent the latter from continuing to occupy and exercise the functions incident to their positions. Issue: Whether or not the said resolution requires the approval of the Secretary of Finance.
Taule vs Santos 200 SCRA 512 Facts: The Federation of Associations of Barangay Councils (FABC) of Catanduanes decided to hold the election of katipunan despite the absence of five (5) of its members, the Provincial Treasurer and the Provincial Election Supervisor walked out. The President elect Ruperto Taule Vice-President- Allan Aquino Secretary- Vicente Avila Treasurer- Fidel Jacob Auditor- Leo Sales Respondent Leandro L Verceles, Governor of Catanduanes sent a letter to respondent Luis T. Santos, the Secretary of Local Government,** protesting the election of the officers of the FABC and seeking its mullification in view of several flagrant irregularities in the manner it was conducted.
12 | P a g e
Phil. Gamefowl Commission vs IAC 146 SCRA 294 Ruling: The power of review is exercised to determine whether it is necessary to correct the acts of the subordinate. If such correction is necessary, it must be done by the authority exercising control over the subordinate or through the instrumentality of the courts of justice, unless the subordinate motu proprio corrects himself after his error is called to his attention by the official exercising the power of supervision and review over him. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES I. Doctrine of separation of powers
So that the power of the government would not be concentrated in one department (one person or group of persons) that would lead to abuse. C. Blending of powers though each department has their own duties and functions, they nevertheless exercise the same in concert that they can work with other departments and conduct checks and balances regarding the actions of each. Basis for blending of powers: 1. No function is capable of exact definition. Description is only a generalization concerning its principal but not all of its characteristics;
13 | P a g e
14 | P a g e
15 | P a g e
Quasi legislative consists of issuance of rules and regulations; general applicability; and prospective in application; Quasi Judicial refers to orders, rewards or decision; applies to a specific situation; and determination of rights, privileges,etc. (fact finding investigate) Depends on the enabling statute D. Express and implied powers Villegas vs Subido 30 SCRA 498
Facts : The commissioner on Civil Service issued a memorandum which provided for the procedure of removal and suspension of
16 | P a g e
Necessarily implied in the exercise of its express powers It is a fundamental power rule that an administrative agency has only such power as are expressly granted to it by law, likewise an administrative agency has also such power as are necessarily implied in the exercise of its express powers. Polloso vs Gangan 335 SCRA 750 Facts : Petitioner was the project manager of NPC who filed a letter of explanation and appeal from the notice of disallowance issued by the COA. The case stemmed from the hiring of a private lawyer, Atty. Satorre, who was compensated by virtue of a contract entered by the NPC and the former. The COA held several persons liable for payment of the amount due to said lawyer which included herein petitioner. Petitioner contends the nature of services that was contracted with the lawyer. Respondent contends that there was a memorandum prohibiting the hiring of private lawyers without following the necessary procedures required by the COA. Issue : Was the issuance of the COA circular valid and applicable in this case? Ruling : What can be gleaned from a reading of the circular is that government agencies and instrumentalities are restricted in their hiring of private lawyers to render legal services or handle their cases. No public funds will be disbursed for the payment to private lawyers unless prior to the hiring of said lawyer, there is a written conformity and acquiescence from the Solicitor General or the Government Corporate Counsel. It bears repeating that the purpose of the circular is to curtail the unauthorized and unnecessary disbursement of public funds to private lawyers for services rendered to the government. This is in line with the Commission on Audits constitutional mandate to promulgate accounting and auditing rules and regulations including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant or unconscionable expenditures or uses of government funds and properties. Blaquera vs Alcala 295 SCRA 411
17 | P a g e
E.
18 | P a g e
Ruling : Ministerial duty in granting appeal. But deciding on judging on the appeal is discretionary. 1. Ministerial duty, defined - is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment (remedy mandamus) 2. Discretionary power, defined - If the law imposes a duty upon a public officer, and gives him the right to decide how or when the duty shall be performed (remedy certiorari) 3. Importance of knowing distinction to determine the remedies available 4. Delegation of ministerial and discretionary power Binamira vs Garrucho 188 SCRA 154 Facts : Petitioner herein filed a quo warranto seeking reinstatement to the Office of General Manager in the Department of Tourism. In 1986, petitioner was designated by then Minister Gonzales as General Manager of the PTA. The Minister sought the approval of the president which was favored by the latter. In 1990, respondent was the new Secretary of Tourism and asked for the resignation of the petitioner. The president issued a memorandum to Garrucho designating him as General Manager for the reason that petitioner was not appointed by the President as required by PD 564 but only by the Secretary of Tourism which was invalid. Petitioner contends that he was validly appointed to the position since that the act of then Minister Gonzales was also the act of the president which presumes that the act of the department heads were the act of the president. Issue : Whether or not petitioner was validly appointed to his position.
19 | P a g e
Facts: This case sought to set aside and annul the writ of mandamus issued by Judge Savellano, ordering petitioner Meralco Securities Corporation to pay and petitioner Commissioner of Internal Revenue to collect from the former the amount of 51M by way of alleged deficiency corporate income tax, plus interests and surcharges due thereon and to pay private respondents 25% of the total amount collectible as informers reward. Issue: WON the writ of mandamus is correct. Ruling : Thus, after the Commissioner who is specifically charged by law with the task of enforcing and implementing the tax laws and the collection of taxes has after a mature and thorough study rendered his decision or ruling that no tax is due or collectible, and his decision is sustained by the Secretary, now Minister of Finance (whose act is that of the President unless reprobated), such decision or ruling is a valid exercise of discretion in the performance of official duty and cannot be controlled much less reversed by mandamus. A contrary view, whereby any stranger or informer would be allowed to usurp and control the official functions of the Commissioner of Internal Revenue would create disorder and confusion, if not chaos and total disruption of the operations of the government. Agpalo: A directory statute is a statue which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other that prescribed and substantially the same result obtained. G. Error in the exercise of powers 1. Doctrine of non-suability of the state inapplicable the state cannot be sued without its consent. Shauf vs CA 191 SCRA 713
Sarina vs CFI of Bukidnon 24 SCRA 715 Ruling: A mandatory statute is a statute which commands either positively
that something be done, or performed in a particular way, or negatively that something be not done, leaving the person concerned no choice on the matter except to obey.
2. effect
Facts : Petitioner was applying for a position for guidance counselor in a school (navy based) which was denied even though she was qualified. Filed a case against the military officials concerned because of discrimination. The military invoked the nonsuability of the state.
20 | P a g e
Issue : Whether or not the non-suability clause applies. Ruling : The principle of non-suability does not apply because the petitioner is questioning the personal judgment or discretion of the officials not their office by virtue of their official capacity. 2. Estoppel inapplicable
Commissioner of Internal Revenue vs CTA 234 SCRA 348 Ruling : Illegal or invalid acts which are in excess of the jurisdiction of administrative agency cannot bind the government, therefore estoppels does not apply. 3. Presumption of regularity
Blue Bar Coconut vs Tantuico 163 SCRA 716 Facts: The President issued PD 232 creating the Philippine Coconut Authority and established a coconut stabilization fund. The members were originally 11 but reduced to 7. Thereafter, respondent chairman of the coconut authority initiated a special coconut end-user companies which included the petitioner. The chairman directed to collect short levies and overpriced subsidies to apply the same to settlement of short levies should they fail to pay. COA agreed to release the subsidy provided they post a bond equal to the amount of the disputed claim. Petitioner contended that it is unacceptable that the COA Chairman and Auditor had no jurisdiction. They caused the withholding of the subsidy case endorsed to the court. Issue: WON respondent COA chairman may disregard the PCA rules and decision had became moot. Ruling : The legal presumption is that official duty has been duly performed; and it is 'particularly strong as regards administrative agencies x x vested with powers said to be quasi-judicial in nature, in connection with the enforcement of laws affecting particular fields of activity, the proper regulation and/or promotion of which requires a technical or special training, 'aside from a good knowledge and grasp of the overall conditions, relevant to said fields, containing in the nation. The consequent policy and practice
De Leon : Investigatory or inquisitorial powers include the power to inspect, secure, require the disclosure of information by means of accounts, records, reports, statements, testimony of witnesses, production of documents, or otherwise. They are conferred on practically all administrative agencies. In fact, the investigatory powers of administrative agencies, or their power and facilities to investigate, initiate action, and control the range of investigation, is one of the distinctive functions which sets them apart from the court.
Carino vs CHR 204 SCRA 483 Facts: Manila public school teachers association (MPSTA) and alliance of concerned teachers (ACT) undertook what they described as mass concerted actions to dramatize and highlight their plight resulting from the alleged failure of the public authorities to act upon grievances that had time and again been bought to the latters attention. As a result of the said action, the DECS secretary dismissed from the service one of the private respondents and the other nine were suspended. Issue: WON the CHR has jurisdiction over certain specific type of cases. 2. Won the CHR can try and decide cases as court of justice even quasi-judicial bodies do? Ruling : The function of receiving evidence and ascertaining facts of controversy is not a judicial function. To be considered such, the faculty of receiving evidence and making factual conclusion in
21 | P a g e
22 | P a g e
23 | P a g e
Pefianco vs Moral 322 SCRA 439 Facts: Ma. Luisa Moral instituted an action for mandamus and injunction before the regular courts against Secretary Gloria, who was later replaced by Secretary Pefianco, praying that she be furnished a copy of the DECS Investigation Committee Report and that the DECS Secretary be enjoined from enforcing the order of dismissal until she received a copy of the said report. Moral was ordered dismissed from the government service. Respondent did not appeal the judgement . Secretary Gloria moved to dismiss the mandamus case for lack of cause of action but the trial court denied his motion, thus elevated the case to the Court of Appeals on certiorari which sustained the trial court. Issue: Whether or not the Court of Appeals erred in dismissing the petition for Certiorari for failure of petitioner to file a motion for reconsideration of the order denying the motion to dismiss. Ruling : A respondent in an administrative case is not entitled to be informed of the findings and recommendations of any investigating committee created to inquire into charges filed against him. He is entitled only to the administrative decision
24 | P a g e
25 | P a g e
The president has the power to issue rules and regulations (executive orders, proclamations, etc.) Sections 23.2, 28.2, Article VI, Constitution
Section 23. 2. - In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. Section 28. 2 - The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts
26 | P a g e
Ruling : Before the issuance of the eo, a resolution by the municipality allowed thrall fishing. Such law is not deemed complete unless it lays down a standard or pattern sufficiently fixed or determinate, or, at least, determinable without requiring another legislation, to guide the administrative body concerned in the performance of its duty to implement or enforce said policy. EO issued by the secretary was valid since that it was part of the agencies functions.
Olsen & Co. vs Aldanese, 43 Phil. 259 Facts: Walter Olsen, a duly licensed domestic corporation engaged in the manufacture and export of cigars made of tobacco grown in the Philippines assailed the constitutionality of Act 2613, allegedly depriving them of their right of exporting cigars to the United States due to the refusal of the Collector of Internal Revenue to issue certificate of origin and that the cigars were not manufactured of long filler tobacco produced exclusively in the province of Cagayan, Isabela or Nueva Viscaya. Issue: Whether or not the Collector of Internal Revenue is authorized to make rules and regulations which are not within the scope of Act 2613. Ruling: The only power conferred to the Collector of Internal Revenue was that a proper standard of the quality of tobacco should be fixed and defined and that all of these who produce tobacco of the same standard would have equal rights and opportunities. Such delegated power the rules and regulations promulgated should be confined to and limited by the power conferred by the legislative act.
27 | P a g e
The authority of the Collector of Internal Revenue to makes rules and regulations is specified and defined to the making of rules and regulations for the classification, marking and packing of leaf or manufactured tobacco of good quality and the handling of it under sanitary conditions. 2. Delegation to the Supreme Court
3.
Delegation to LGUs
Sections 5 and 9, Article X, Constitution Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.
Section 5.5, Article VIII, Constitution Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
Sections 54, 55, 56, 57, Republic Act No. 7160 SECTION 54. Approval of Ordinances . - (a) Every ordinance enacted by the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. (b) The veto shall be communicated by the local chief executive concerned to the Sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it. (c) ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of all its members, be signed by the Punong Barangay.
First Lepanto Ceramics vs CA 231 SCRA 30 Facts: BOI granted First Lepanto to amend certificate of recognition by changing scope of its reg product from glazed floor tiles to ceramic stiles. Mariwasa oppose filed motion for reconsideration. Mariwasa filed petition for review with respondent CA. it is temporarily restrained BOI from implementing decision, 20 days lapsed without respondent court issuing preliminary injunction. Lepanto filed motion to dismiss, court appellate. Jurisdiction over BOI vested with SC. Issue: Whether or not CA has jurisdiction. Held: Yes, E.O 226 grants the right of appeal from decisions of BOI. It simply deals with procedural aspects with court has the power to regulate by virtue of its cons rule-making power. Circular 1-91 repealed or suspended EO 226 in so far as the manner of appeal. Appeals from decisions of BOI, which statutes allowed to be filed with SC, are brought to CA.
28 | P a g e
B. Rationale for the delegation of quasi-legislative power Tatad vs Secretary of DOE 281 SCRA 330
29 | P a g e
30 | P a g e
31 | P a g e
C.
Smart Communications vs NTC G.R. No. 151908, 12 August 2003 Facts: petitioners Isla Communications Co., Inc. and Pilipino Telephone Corporation filed against the National Telecommunications Commission, Commissioner Joseph A. Santiago, Deputy Commissioner Aurelio M. Umali and Deputy Commissioner Nestor C. Dacanay, an action for declaration of nullity of NTC Memorandum Circular No. 13-6-2000 (the Billing Circular). Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines; that the Billing Circular is oppressive, confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law; that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards; and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. Hence, they prayed that the Billing Circular be declared null and void ab initio. Issue :WON the RTC has jurisdiction of the case Held: Petitions are granted. The issuance by the NTC of Memorandum Circular No. 13-6-2000 and its Memorandum dated October 6, 2000 was pursuant to its quasi-legislative or rulemaking power. As such, petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function, the regular courts have jurisdiction to pass upon the same. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. Indeed, the Constitution vests the power of judicial review or the power to declare a law, treaty, international or executive
32 | P a g e
33 | P a g e
34 | P a g e
Ruling: A legislative standard need not be expressed. It may simply be gathered or implied, nor it be found in the law challenged because it may be embodied in other statutes on the same subject as that of the challenged legislation. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title. The title is not required to be an index of the content of the bill. It is a sufficient compliance with the constitutional requirement if the title expresses the general subject and all provisions of the statute are pertinent to that subject. The Reorganization of the remaining administrative regions is pertinent to the general subject of R.A 6734, which is the establishment of the Autonomous Region in Muslim Mindanao. A legislative standard need not be expressed. It may simply be gathered or implied. Nor need it be found in the law challenged because it may be embodied in other statutes on the same subject as that of the challenged legislation. With respect to the power to merge existing administrative regions, the standard is to be found in the same policy underlying the grant to the President in the law. Cervantes vs Auditor General L-4043 26 May 1952 Facts: Petitioner was manager of the national abaca and Fibers Corporation. Its board of directors granted quarter allowances to petitioner. Submitted to the control of the government enterprise council created in EO 93 in pursuance to RA 51 for approval, the resolution was disapproved on recommendation by auditor general. 1. That quarter allowance constituted additional compensation prohibited by NAFCO charter. 2. Financial condition of NAFCO. Reconsideration was denied, hence, this petition for review by certiorari/ Issue: that EO 93 is invalid as based on the law that is unconstitutional being an undue delegation of legislative power to executive. Ruling: the rule that so long as the legislative lays down policy and a standard is established by the statute there is no undue
Facts: Petitioners challenged the validity of a provision of R.A 6734, authorizing the President of the Philippines to merge by administrative determination the regions remaining after the establishment of the Autonomous Region, and the Executive Order issued by the President pursuant to such authority, Providing for the Reorganization of Administrative Regions in Mindanano. Four provinces includes, Lanao del Sur, Maguindanao, Sulu and TawiTawi voted in favor of creating an autonomous region, thus became ARMM. After the plebiscite, E.O 429 as amended by E.O 439 was issued by the Chief Executive providing for the Reorganization of the Administrative Regions in Mindanao. The contentions of the Petitioners contends that R.A 6734 is unconstitutional because 1.) it unduly delegates the legislative power to the President by authorizing him to merge the existing regions. 2.) the power granted is not expressed in the title of the law. Issue: Whether the Congress has provided a sufficient standard by which the President is to be guided in the exercise of the power granted. Whether the grant of power to the President is included in the subject expressed in the title of the law.
35 | P a g e
1. power which is not directly or exclusively a legislative one and has no relation whatsoever to personal or property rights; 2. power to regulate a mere matter of privilege
36 | P a g e
Facts: Eslao, in his capacity as president of the Pangasinan State University asked the SC to set aside the COA decision which denied honoraria and per diems claimed under the National Compensation Circular No. 53 by certain PSU personnel including petitioner. Issue: Whether or not the acts done by the COA in the case at bar are valid. Ruling: COA is not authorized to substitute its own judgment for any applicable law or administrative regulation with the wisdom or propriety of which it does not agree at least not before such law or regulation was set aside by authorized agency of government as unconstitutional or illegal and void. Administrative regulations and policies enacted by administrative bodies to interpret the law have the force of law and are entitled to great respect.
37 | P a g e
Vda de Pineda vs Pena 187 SCRA 22 Supplementary legislation A statute which leaves to the executive the power to fill in the technical details in view of the latters expertise is a recognized delegation of legislative power. Must be in compliance with the enabling law and not 1. Classification of rules and regulations a. Those issued by an administrative superior and directed exclusively to the subordinates --- rules and regulations of internal administration to be observed by subordinate officials for the prompt and efficient dispatch of government business and to facilitate the transactions of the general public with the government; b. Those directed not only to the inferior officers but also and primarily to private individuals, fixing the manner by which the terms of a statute are to be complied with. Types of rule-making powers 2.1. Rule-making by reason of particular delegation of authority (supplementary or detailed legislation)--- refers to the power to issue rules and regulations which have the force and effect of law; 2.2. Rule-making by the construction and interpretation of a statute being administered (interpretative legislation)--refers to the power to interpret and construe the statutes entrusted to them for implementation; 2.3. The ascertainment of facts which will form the basis for the enforcement of a statute (contingent legislation or determination).
Facts: Assailed in this petition for certiorari and prohibition is that part of the decision of the Director of Mines, affirmed by the Minister of Natural Resources, which declared that petitioners have abandoned and lost their rights over their mining claim. This case originated from a protest case for alleged overlapping or encroachment between two mining claims. Petitioners filed with the Bureau of Mines a letter complain against private respondents for alleged overlapping and encroachment of the "Ullmann" claim over the "Ped" claim. The Director of Mines rendered a decision declaring that there was no conflict between the "Ped and "Ullmann and dismissed the petition. Since the protest case was filed after Pres. Decree No. 463 (Mineral Resources Development Decree of 1974) took effect on May 17, 1974, the provisions of the law were made applicable to petitioners. Pres. Decree No. 463 mandates compliance with certain requirements in order for subsisting mining claims, such as the "Ped" claim, to avail of the benefits granted under the Decree. Otherwise, mining rights to the claim will be lost. Issue: (1) whether or not public respondents have jurisdiction to pass upon the validity of the "Ped" claim in a protest case of overlapping of mining claims; and (2) should public respondents have such jurisdiction, whether or not they committed grave abuse of discretion or excess of jurisdiction in declaring petitioners to have abandoned their mining claim. Ruling: Petition dismissed. The public respondent has jurisdiction. Petitioners had filed the protest case pursuant to Pres. Decree No. 463 which vests the Bureau of Mines with jurisdiction over protests involving mining claims [Section 48, Pres. Decree No. 4631. Under the same Decree, Section 90 confers upon the Secretary of Natural Resources, upon recommendation of the Director of Mines, the authority to issue rules, regulations and orders necessary to carry out the provisions and purposes of the Decree. In accordance with the statutory grant of rulemaking power.
2.
G.
38 | P a g e
must be germane to the objects and purposes of the law conform to the standards that the law prescribes must be reasonable must be related to carrying in to effect the general provisions of law UST v. Court of Tax Appeals 93 Phil 376
Facts: The Collector of Internal Revenue notified petitioner that its income as an educational institution was taxable. Later on UST submitted a memorandum before the Sec. of Finance disputing the decision of the latter as regard the taxability of the formers income from tuition fees. The case was elevated before the Board of Tax Appeals in accordance with the rules romulgated by said Board under E.O. No. 401-A, whereby the petitioner questioned the jurisdiction of respondent to take cognizance of the petition for review. Issue: Whether or not E.O. No. 401-A is tainted with invalidity for the reason that it deprives the CFIs of their jurisdiction to take cognizance of cases involving recovery of taxes.
39 | P a g e
Grego vs COMELEC 274 SCRA 481 Facts: Deputy Sheriff Basco was found guilty by the city court of manila of serious misconduct and dismissed from service with forfeiture of all retirement benefits with prejudice to reinstatement to any position in the national or local government, its agencies and instrumentalities or GOCC. Basco run as a councilor in 1988 election won and assume office. In the 1992 election he run again and this time his victory not without unchallenged. A quo warranto was filed against him but was dismissed. At second time petitioner Grego a registered voted file a petition with comelec for disqualification and suspension of his proclamation. Basco was proclaimed and assume office; petitioner filed an urgent motion seeking to annul a hasty and illegal proclamation. Issue: Does Section 40 (b) of Republic Act No. 7160 apply retroactively to those removed from office before it took effect on January 1, 1992? Ruling: There is no provision in the statute which would clearly indicate that the same operates retroactively. It, therefore, follows that [Section] 40 (b) of the Local Government Code is not applicable to the present case. Basco was NOT subject to any disqualification at all under Section 40 (b) of the Local Government Code which, as we said earlier, applies only to those removed from office on or after January 1, 1992. "We reiterate the principle that the power of administrative officials to promulgate rules and regulations in the implementation of a statute is necessarily limited only to carrying into effect what is provided in the legislative enactment. The regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law, and for the sole purpose of carrying into effect its general provisions. By such regulations, of course, the law itself can not be extended. So long, however, as
GMCR vs Bell Telecommunication Phil., Inc. 271 SCRA 79 Facts: Before us are consolidated petitions seeking the review and reversal of the decision1 of the respondent Court of Appeals2 declaring the National Telecommunications Commission (hereafter, NTC) to be a collegial body under Executive Order No. 546 3 and ordering the NTC to heretofore sit and act en bane, i.e., with the concurrence of at least two commissioners, for a valid dispensation of its quasi-judicial functions. Issue: WON NTC is a collegial body Held: We hereby declare that the NTC is a collegial body requiring a majority vote out of the three members of the commission in order to validly decide a case or any incident therein. Corollarily, the vote alone of the chairman of the commission, as in this case, the vote of Commissioner Kintanar, absent the required concurring vote coming from the rest of the membership of the commission to at least arrive at a majority decision, is not sufficient to legally render an NTC order, resolution or decision. Simply put, Commissioner Kintanar is not the National Telecommunications Commission. He alone does not speak for and in behalf of the NTC. The NTC acts through a three-man body, and the three members of the commission each has one vote to cast in every deliberation concerning a case or any incident therein that is subject to the jurisdiction of the NTC.
40 | P a g e
Romulo, Mabanta vs HDMF 333 SCRA 777 Facts: Issue of the validity of the Amendments to the Rules and Regulations Implementing Republic Act No. 7742, which require the existence of a plan providing for both provident/retirement and housing benefits for exemption from the Pag~IBIG Fund coverage under Presidential Decree No. 1752, as amended. Issue: WON the amendments are valid Held: The amendments are null and void insofar as they require that an employer should have both a provident/ retirement plan and a housing plan superior to the benefits offered by the Fund in order to qualify for waiver or suspension of the Fund coverage. Nasipit Lumber Co. vs NWPC 289 SCRA 667
Victorias Milling Co vs Social Security Commission 114 Phil 555 Ratio : When an administrative agency promulgates rules and regulations, in the exercise of its rule making power delegated to it by the legislature, it makes a new law with the force and effect of a valid law. When it renders an opinion, or gives a statement of policy, it merely interprets a pre-existing law, hence, merely advisory. 2. Types of construction/interpretation executive
3.
Requirement of reasonableness a. Bears a reasonable relation to the purpose sought to be accomplished; b. Supported by good reasons; c. Free from constitutional infirmities or charge of arbitrariness Lupangco vs CA 160 SCRA 848
Facts: PRC issued resolution no. 105 that no examine shall attend any review class, briefing, conference, or the like conducted by or shall receive any handouts, review material or any tip from school
a. Construction by an executive officer directly called to implement the law. It may be express (embodied in a circular, directive or regulation) or implied (practice or mode of enforcement of not applying the statute to certain situations; by usage or practice);
41 | P a g e
Asturias Sugar Central vs Commissioner of Customs 29 SCRA 617 Facts: The Bureau of Customs issued an Administrative Order in the silence of the Tariff and Customs Code which extends the period of exportation of a specific containers in which the petitioner was directly affected. The petitioner questioned the said order alleging that the construction of a specific statute by an administrative body must not be observed. Issue: What weight should the court observes in administrative construction. Ruling: The court ruled that where the court of last resort has not previously interpreted the stature, the rule is that the courts will give considerations to construction by administrative or executive departments of the state. The construction of the office charged with implementing and enforcing the provisions of a statute should be given controlling weight. Melendres vs COMELEC 319 SCRA 262 Facts: Petitioner alleges that the COMELEC gravely abused its discretion in issuing and promulgating ex parte the assailed resolution without complying with the provisions of Sections 5 and 6 of Rule 28, Section 1 of Rule 10, Sections 1 to 6 of Rule 14, Sections 1 to 4 of Rule 17 and Section 9 of Rule 18, all of the COMELEC Rules of Procedure. Petitioner were candidates for the position of Barangay Chairman of Barangay Caniogan, Pasig City, in the May 12, 1997 barangay
42 | P a g e
ISSUE: WON the commission erred in ruling that it has no authority under SSC to condone the penalty prescribed by law for late premiums. RULING: No error in the commissioners action. The provision on the SSC precisely enumerates the power of the commission, nowhere from the said powers may it shown that the commissioner is granted expressly or by implication the authority to condone penalties imposed by the act. 3. Construction of administrative rules and regulations Ollada vs Secretary of Finance 109 Phil 1072 Ratio : An administrative body has the power to interpret its own rules and such interpretation becomes part of the rule itself. Unless shown to be erroneous, unreasonable or arbitrary, such interpretation is entitled to recognition and respect from the courts, as no one is better qualified to interpret the intent of the regulation than the authority that issued it. Thus, its interpretation that the rule it issued is not retroactive, not being unreasonable, should be followed.
43 | P a g e
Chapter 2 RULES AND REGULATIONS Sec. 3. Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule
44 | P a g e
45 | P a g e
Misamis Oriental Association of Coco Traders vs DOF 238 SCRA 63 3. Application, general rule that the issuance of rules and regulations to implement the law does not require that there be prior notice and hearing conducted by the administrative agencies. However, if the statute making the delegation requires such hearing, then one must be conducted before such rules and regulations are issued. On the other hand, if the statute is silent on the matter, a public hearing, if practicable, may be conducted. VI. Adjudicatory Powers a. Quasi-judicial power and quasi-judicial body, defined Quasi-judicial power - This is the power to hear and determine questions of fact to which the legislative policy is to apply and to
46 | P a g e
Filipinas Shell Petroleum Corp. vs Oil Industry Commission 145 SCRA 433
47 | P a g e
Judicial Power is the power to courts of justice to settle actual case of controversies involving legal rights which are demandable and enforceable and to determine whether or not there is grave abuse of discretion. Carino vs CHR 204 SCRA 483 Facts: Some 800 public school teachers, among them members of the Manila Public School Teachers Association (MPSTA) and Alliance of Concerned Teachers (ACT) undertook what they described as amass concerted actions" to "dramatize and highlight' their plight resulting from the alleged failure of the public authorities to act upon grievances that had time and again been brought to the latter's attention. According to them they had decided to undertake said "mass concerted actions" after the protest rally staged at the DECS premises on September 14, 1990 without disrupting classes as a last call for the government to negotiate the granting of demands had elicited no response from the Secretary of Education. Through their representatives, the teachers participating in the mass actions were served with an order of the Secretary of Education to return to work in 24 hours or face dismissal, and a memorandum directing the DECS officials concerned to initiate dismissal proceedings against those who did not comply and to hire their replacements. "For failure to heed the return-to-work order, the CHR complainants (private respondents) were administratively charged on the basis of the principal's report and given five (5) days to answer the charges. They were also preventively suspended for ninety (90) days 'pursuant to Section 41 of P.D. 807' and temporarily replaced. An investigation committee was consequently formed to hear the charges in accordance with P.D. 807." Issue: WON the Commission on Human Rights has jurisdiction, adjudicatory powers over, or the power to try and decide, or hear
48 | P a g e
Administrative Function are those which involve the regulation and control over the conduct and affairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature as such are devoled upon the admin agency by the organic law of existence. Presidential Anti-Dollar Salting Task Force vs CA 171 SCRA 348
49 | P a g e
50 | P a g e
Facts: Two parties, Crispulo Sideco on the one hand, and Leocadio Sarenas and Rufino Sarenas on the other hand, claim the exclusive right to the use of the waters flowing through the estero for irrigation purposes. The claim of Sideco goes back to 1885 when the predecessor in interest of his father constructed a dam in these waters; the use of the dam was afterwards interrupted by outside causes such as imprisonment and war, but again reasserted in 1911, 1915, and 1916. Exactly what the two Sarenas' contention is, is not quite clear on the facts before us. However, it appears that they made application to the Director of Public Works, only to meet with the opposition of Sideco, and that the Director of Public Works, with the approval of the Secretary of Commerce and Communications, granted the two Sarenas the right, in preference to all other persons, to use the waters of the estero Bangad. Sideco then took the proceedings to the Court of First Instance of Nueva Ecija. After trial, judgment was entered, dismissing the complaint and the appeal of Sideco and confirming the decision of the administrative authorities, with the costs against the plaintiff. The further appeal of Sideco to this court, while conceding the correctness of the findings of the trial court, squarely challenges its judgment. Issue: WON Held: Administrative machinery for the settlement of disputes as to the use of waters is provided by the Irrigation Act, as amended. Controversies must be submitted to the Secretary of Commerce and Communications through the Director of Public Works. The "decision" of the Secretary thereon is final "unless appeal therefrom be taken to the proper court within. thirty days after the date of the notification of the parties of said decision. In case of such appeal the court having jurisdiction shall try the controversy de novo." (See. 4.) A more extensive method is also provided, somewhat akin to our cadastral system, which makes it the duty of the Director of Public Works to make a technical examination of streams and to prepare a list of priorities. In the performance of this work, the Director of Public Works or any official especially authorized by him, may examine witnesses under oath, and can issue for this purpose subpoenas and subpoenas duces tecum. (Secs. 8, 41.) Certificates signed by the Secretary of Commerce and Communications are then granted each appropriator. (Secs. 9, 18.) "Appeal" lies from the "decision" of the Director of Public
51 | P a g e
52 | P a g e
P.D. No. 1344, which was promulgated April 2, 1978, and empowered the National Housing Authority to issue writs of execution in the enforcement of its decisions under P.D. No. 957, specified the quasi-judicial jurisdiction of the agency as follows: SECTION 1. In the exercise of its functions to regulate the real estate trade and business and in addition to its powers provided for in Presidential Decree No. 957, the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature: A. Unsound real estate business practices; B. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner developer, dealer, broker or salesman; and C. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner, developer, dealer, broker or salesman. This departure from the traditional allocation of governmental powers is justified by expediency, or the need of the government to respond swiftly and competently to the pressing problems of the modem world.
53 | P a g e
54 | P a g e
55 | P a g e
56 | P a g e
57 | P a g e
VIII.
Ruling: Rule 64 applies only to inferior and superior courts and does not comprehend contempt committed against administrative officials or bodies, unless said contempt is [clearly considered and expressly defined as contempt of court, as is done in paragraph 2 of Sec. 580 of the revised administrative code. The refusal to comply with order of tenancy law, enforcement division is neither contempt nor a penalized offense. Camelo v. Ramos 116 Phil 1152 IX. Power to impose penalties Scotys Department Store v. Micaller 99 Phil 762 Facts: Nena Micaller was employed as a salesgirl in the Scoty's Department Store situated at 615 Escolta, Manila. This store was owned and operated by Yu Ki Lam, Richard Yang, Yu Si Kiao and Helen Yang. Pursuant to section 5(b) of the Industrial Peace Act, Nena Micaller filed charges of unfair labor practice against her above employers alleging that she was dismissed by them because of her membership in the National Labor Union and that, prior to her separation, said employers had been questioning their employees regarding their membership in said union and had interfered with their right to organize under the law. The employers denied the charge. They claimed that the complainant was dismissed from the service because of her misconduct and serious disrespect to the management and her co employees so much so that several criminal charges were filed against her with the city fiscal of Manila who, after investigation, filed the corresponding informations against her and the same are now pending trial in court. The Court of industrial relation ruled in favor of Nina Micaller. Issue: WON the Court of Industrial Relations has jurisdiction to impose the penalties prescribed in section 25 of Republic Act No. 875.
58 | P a g e
Facts: The Accused was convicted of the crime of abused of chastity. He filed an appealed contending that he married the victim therefore his criminal liability should be extinguished. The Attorney-General entered an opposition to said petition wherein, after discussing the scope of article 448 of the Penal Code and Act No. 1773 of the Philippine Legislature amending said article, he concluded that the marriage of the accused with the offended party cannot extinguish his liability as perpetrator of the crime of abuse against chastity. Issue: The question is a purely legal one and sifts down to whether or not section 2 of Act No. 1773 includes the crime of abuse against chastity among those cases in which criminal liability is extinguished by the marriage of the accused with the offended party. Ruling: The intention of our Legislature in enacting said Act No. 1773 was that the marriage of the accused or convict with the offended party should extinguish the criminal liability in the cases of seduction, abduction and rape and those involving offenses included in said crimes, such as frustrated or attempted seduction, abduction or rape. This is clear and logical. If the liability for a crime is extinguished in the graver cases, it must be extinguished, and for a stronger reason, in the lesser crimes. Now then, if the crime of abuse against chastity is not denominated rape, it is only for the lack of the intention to lie, both crimes being identical in every other respect, though of different degrees of gravity. We therefore conclude that the crime of abuse against chastity is included in the crime of rape mentioned in section 2 of Act No. 1773 and, consequently, the marriage of the accused with the offended party in the present case has extinguished his criminal liability. B. Extent of jurisdiction of administrative agencies performing quasi-judicial acts Chin vs LBP 201 SCRA 190 Taule vs Santos 200 SCRA 512 Facts: The Federation of Associations of Barangay Councils (FABC) of Catanduanes decided to hold the election of katipunan despite the absence of five (5) of its members, the Provincial Treasurer and
59 | P a g e
Section 5.5, Article VIII, Constitution Angara vs Electoral Commission 63 Phil 139 Facts: That in the elections of September 17, 1935, the petitioner, Jose A. Angara won. The provincial board of canvassers, proclaimed the petitioner as member-elect of the National Assembly for the said district, for having received the most number of votes, the petitioner took his oath of office. Respondent Pedro Ynsua filed before the Electoral Commission a "Motion of Protest" against the election of the herein petitioner, Jose A. Angara, and praying, among other things, that said respondent be declared elected member of the National Assembly for the first district of Tayabas, or that the election of said position be nullified. Issue: WON the said Electoral Commission acted without or in excess of its jurisdiction in assuming to take cognizance of the protest filed against the election of the herein petitioner notwithstanding the previous confirmation of such election by resolution of the National Assembly? Ruling: The grant of power to the Electoral Commission to judge all contests relating to the election, returns and qualifications of members of the National Assembly, is intended to be as complete
60 | P a g e
Kanlaon Construction Enterprises vs NLRC 279 SCRA 337 Facts: This is a labor case involving Kanlaon for illegal termination of employment of publics respondents. The arbitrations decision is appealed to the NLRC. Public respondents in their appeal questioned the validity of the NLRCs decision on the ground that the NLRC erroneously, patently and unreasonably interpreted the principle that the NLRC and its Arbitration Branch are not strictly bound by the rules of evidence. In brief, it was alleged that the the decision is void for the following reasons: (1) there was no valid service of summons; (2) Engineers Estacio and Dulatre and Atty. Abundiente had no authority to appear and represent petitioner at the hearings before the arbiters and on appeal to respondent Commission; (3) the decisions of the
61 | P a g e
62 | P a g e
A. Substantive and procedural due process, defined DUE PROCESS contemplates notice and opportunity to be heard before judgment is rendered, affecting ones person or property. It is designed to secure justice as a living reality; not to sacrifice it by paying undue homage to formality. For substance must prevail over form. PROCEDURAL DUE PROCESS Consists of the 2 basic rights of notice and hearing, as well as the guarantee of being heard by an impartial and competent tribunal
63 | P a g e
64 | P a g e
65 | P a g e
8.
The right to a hearing which includes the right to present ones case and submit evidence The tribunal must consider the evidence presented The decision must have something to support itself The evidence must be substantial The decision must be based on the evidence presented at the hearing The tribunal or body of any judges must act on its own independent consideration of the law and facts of the controversy The board or body should in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involves and reason for the decision rendered The officer or tribunal conducting the investigation must be vested with competent jurisdiction
66 | P a g e
Issue: WON there was denial of due process Held: The Court held that there was indeed a denial of due process. Mere membership of said teachers in their respective organizations does not ipso facto make them authorized representatives of the organizations. Under the law, the teachers organization possess the right to indicate its choice of representatives. Such right cannot be usurped by the Secretary of Education or the Director of Public Schools or their underlings. The teachers appointed by the DECS as members of its investigating committee was ever designated or authorized by a teachers organization as its representatives in said committee. Hence the failure to comply with the requirement vested no jurisdiction to the committee to hear the case. Respondent teachers were denied of due process.
Air Manila vs Balatbat 38 SCRA 489 Facts: PAL's proposal to introduce new Mercury night flights had been referred to a hearing examiner for economic justification, PAL submitted a so-called consolidated schedule of flights that included the same Mercury night flights and this was allowed by Board Resolution No. 139(68). The Board's action was impelled by the authorizations of certain flight schedules previously allowed but were incorporated were about to expire; thus, the consolidated schedule had to be approved temporarily if the operations of the flights referred to were not to be suspended. In short, the temporary permit was issued to prevent the stoppage or cessation of services in the affected areas. The Board, considering the report of the hearing examiner, passed Resolution No. 190 (68) approving, for a period of 30 days starting 31 July 1968, only three or four frequencies of the seven proposed new flights. There is no proof, not even allegation, that in all those hearings petitioner was not notified or give opportunity to adduce evidence in support of its opposition. Issue: WON PAL violated the requisites of administrative due process
67 | P a g e
Held: YES. It was precisely prescribed that "all schedules under the DTS-35 for which no previous approval has been granted by the Board, are hereby referred to a hearing examiner for reception of evidence on its economic justification." It has been correctly said that administrative proceedings are not exempt from the operation of certain basic and fundamental procedural principles, such as the due process requirements in investigations and trials (Asprec vs. Itchon. 16 SCRA 921). And this administrative due process is recognized to include (a) the right to notice*, be it actual or constructive, of the institution of the proceedings that may affect a person s legal rights; (b) reasonable opportunity to appear and defend his rights*, introduce witnesses and relevant evidence in his favor: (c) a tribunal so constituted* as to give him reasonable assurance of honesty and impartiality, and one of competent jurisdiction. and (d) a finding or decision by that tribunal supported by substantial evidence* presented at the hearing, or at least contained in the records or disclosed to the parties affected ADMINISTRATIVE DUE PROCESS C. Necessity for notice and hearing
In administrative cases, the general rule is that prior notice and hearing are necessary only where the law so requires. The inquiry should therefore be into the enabling statute which clothes an administrative agency or officer with certain duties and responsibilities in the discharge of which some persons may adversely affected. Philippine Movie Pictures Wokers Association vs Premiere Productions, Inc., G.R. No. L-5621, 25 March 1953 Facts: The Court of Industrial Relations authorized lay off of workers solely on the basis of an ocular inspection. Issue: WON the Court of Industrial Relations authorize the layoff of workers on the basis of an ocular inspections without receiving full evidence to determine the cause or motive of such a lay off Held: No. The required process has not been followed. The court of quo merely acted on the strength of the ocular inspection it
68 | P a g e
"Administrative due process requires that there be an impartial tribunal constituted to determine the right involved; that due notice and opportunity to be heard be given; that the procedure at the hearing be consistent with the essentials of a fair trial; and that the proceedings be conducted in such a way that there will be opportunity for a court to determine whether the applicable rules of low and procedure were observed.' (42 Arm Jur. p. 451, cited by Neptali Gonzales, p. 183, Philippine Constitutional Law). " Privileges that had long been enjoyed transforms and becomes in the character of ones property. Go vs NAPOLCOM 271 SCRA 447 Facts: This special civil action of certiorari to set aside the decision of the NAPOLCOM: The fact that the Jai alai bookies were operating in the house being occupied by herein respondent-appellant, the apprehension of his wife and brother in two (2) successive raids effected by law enforcement authority and his intercession for the dismissal of the case filed in consequence thereof, are tangible proofs that he was, indeed, an accessory - if not a principal - in said gambling operation. Petitioner maintains that he was not served written charges and informed of the nature of such charges; that no hearing had actually been held by the summary dismissal board: and that at any rate he was not heard. Issue: WON the contention of petitioner is with merit Held: YES. We conclude that petitioner was denied the due process of law and that not even the fact that the charge against him is serious and evidence of his guilt is - in the opinion of his superiors strong can compensate for the procedural shortcut evident in the record of this case. It is precisely in cases such as this that the utmost care be exercised lest in the drive to clean up the ranks of the police those who are innocent are denied justice or, through blunder, those who are guilty are allowed to escape punishment. BILL OF RIGHTS; DUE PROCESS; OBSERVANCE THEREOF REQUIRED IN SUMMARY DISMISSAL.- Petitioner's case was decided under P.D. No. 971, as amended by P.D. No. 1707. While Sec. 8-A of the Decree authorizes summary dismissals "without the
A reviewing official or body tasked to resolve an appeal must refrain from participating in reviewing any decision rendered or concurred by him in another official capacity. The reviewing officer must be other than the officer whose decision is under review, otherwise there would be no different views or there could be no real review of the case, in violation of due process of law.
69 | P a g e
Zamboanga Chromite Mining Co. vs CA 94 SCRA 261 Facts: Director Gozon issued an order dated October 5, 1960 wherein he dismissed the case filed by the petitioners or protestants (Zambales Chromite Mining Co., Inc. or the group of Gonzalo P. Nava). In that case, they sought to be declared the rightful and prior locators and possessors of sixty-nine mining claims located in Santa Cruz, Zambales. On the basis of petitioners' evidence, Director Gozon found that the petitioners did not discover any mineral nor staked and located mining claims in accordance with law. The petitioners appealed from that order to the Secretary of Agriculture and Natural Resources. While the appeal was pending. Director Gozon was appointed Secretary of Agriculture and Natural Resources. Instead of inhibiting himself, he decided the appeal, as if he was adjudicating the case for the first time. Thus, Secretary Gozon exercised appellate jurisdiction over a case which he had decided as Director of Mines. He acted as reviewing authority in the appeal from his own decision. Or, to use another analogy, he acted as trial judge and appellate judge in the same case. We hold that Secretary Gozon acted with grave abuse of discretion in reviewing his decision as Director of Mines. The palpably flagrant anomaly of a Secretary of Agriculture and Natural Resources reviewing his own decision as Director of Mines is a mockery of administrative justice.The Mining Law, Commonwealth Act No. 137, provides: "SEC. 61. Conflicts and disputes arising out of mining locations shall be submitted to the Director of Mines for decision: "Provided, That the decision or order of the Director of Mines may be appealed to the Secretary of Agriculture and Natural Resources within thirty days from the date of its receipt. Issue: WON Petitioners-appellant were deprived of due process when Gozon reviewed his own decision Held: Petitioners-appellants were deprived of due process, meaning fundamental fairness, when Secretary Gozon reviewed his own decision as Director of Mines.
In order that the review of the decision of a subordinate officer might not turn out to be a farce, the reviewing officer must perforce be other than the officer whose decision is under review; otherwise, there could be no different view or there would be no real review of the case. The decision of the reviewing officer would be a biased view; inevitably, it would be the same view since being human, he would not admit that he was mistaken in his first view of the case. E. Prior notice and hearing, essential elements of procedural due process In administrative cases, the general rule is that prior notice and hearing are necessary only where the law so requires. The inquiry should therefore be into the enabling statute which clothes an administrative agency or officer with certain duties and responsibilities in the discharge of which some persons may adversely affected. Essential elements of due process: a. An impartial tribunal b. Due notice and opportunity to be heard be given c. The procedure at the hearing be consistent with the essentials of a fair trial d. The proceedings may be conducted in such a way that there will be opportunity for the court to determine whether the applicable rules of law and procedure e. That the decision or ruling be supported by substantial evidence In administrative proceedings, due process has been recognized to include the following a. The right to actual or constructive notice b. A real opportunity to be heard c. A tribunal vested with competent jurisdiction d. A finding by said tribunal which is supported by substantial evidence Villa vs Lazaro 189 SCRA 34
70 | P a g e
71 | P a g e
72 | P a g e
F.
Notice and hearing, when dispensed with 1. Where there is an urgent need for immediate action, like the summary abatement of a nuisance per se, the preventive suspension of public servant facing administrative charges; Central Bank vs CA 220 SCRA 536
73 | P a g e
2.
Ruling: 1. Yes, The office of the Ombudsman has the power to "investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient." 14 This power has been held to include the investigation and prosecution of any crime committed by a public official regardless of whether the acts or omissions complained of are related to, or connected with, or arise from, the performance of his official duty 15 It is enough that the act or omission was committed by a public official. Hence, the crime of rape, when committed by a public official like a municipal mayor, is within the power of the Ombudsman to investigate and prosecute. 2. No, Prior notice and hearing is a not required, such suspension not being a penalty but only a preliminary step in an administrative investigation. As held in Nera v. Garcia: In connection with the suspension of petitioner before he could file his answer to the administrative complaint, suffice it to say that the suspension was not a punishment or penalty for the acts of dishonesty and misconduct in office, but only as a preventive measure. Suspension is a preliminary step in an administrative investigation. If after such investigation, the charges are established and the person investigated is found guilty of acts warranting his removal, then he is removed or dismissed. This is the penalty. There is, therefore, nothing improper in suspending an officer pending his investigation and before the opportunity to prove his innocence.
74 | P a g e
3. Where the twin rights have previously been offered but the right to exercise them had not been claimed. Where the law is silent on prior notice and hearing as a requirement before an agency action, which refers to the whole or part of every agency rule, order, license, sanction, relief or its equivalent or denial thereof, can be done, compliance with the requirement of prior notice and hearing depends upon the nature of the power to be exercised or the end to be achieved. Prior notice and hearing is not required in the exercise of police power Prior notice and hearing is not required in granting provisional reliefs Asprec vs Itchon 16 SCRA 921 Facts: Respondent Jacinto Hernandez lodged with the Board of Examiners for Surveyors administrative complaint2 for unprofessional conduct against petitioner Cleto Asprec. He requested Asprec to undertake survey on his lot in Port Junction, Ragay, Camarines Sur. That no survey was conducted and that it was a mere copy of one Damian Alham. that Asprec was guilty of deceit and thus violated the Code of Ethics for surveyors. The Board's unanimous decision of October 27, 1959 revoked, and required surrender of, Asprec's certificate of registration as a private land surveyor. A complaint was but was absent in the hearing. Issue: Whether or not petitioner was denied his right to present his case. Ruling: No, petitioner has had more than ample opportunity to defe nd himself before the Board. As he and counsel did not appear at t he last and stipulated date of bearing, he cannot look to the law or to a judicial tribunal to whipsaw the Board into giving him a new on e. He cannot raise his voice in protest against the act of the Board i
As a general rule, a public utility must be afforded some opportunity to be heard as to the propriety and reasonableness of rates fixed for its services by a public service commission
Vigan Electric Light vs PSC 10 SCRA 46 Facts: Republic Act No. 316, granted petitioner Vigan Electric Light Company, Inc., a franchise to construct, maintain and operate an electric light heat and/or power plant for the purpose of generating and distributing light, heat and/or power, for sale within the limits of several Municipalities of the province of Ilocos Sur.
75 | P a g e
The rule that the filling of a MR of the decision /ruling against a party cures the defect in the lack of prior notice and hearing as to preclude the party from claiming denial of due process assumes that the other requirements of due process have been complied with. However such opportunity is nothing and he is still denied due process, where the decision against him has nothing to support itself, one of the cardinal requirements of due process being that the decision or ruling of an administrative body must be supported by substantial evidence. Medenilla vs CSC 194 SCRA 278 Facts: Petitioner Medenilla is a contractual employee of DPWH as Public Officer II. Later on, she was detailed as Technical Assistant in the office of the assistant secretary for the admin. and manpower management. On Jan. 2, 1989, petitioner was appointed to the contested position of Supervising Human Resource Development Officer. Respondents {being the next-in-rankemployees} jointly lodged a protest before the DPWH task force re-organization contesting the appointment of petitioner. The task force dismissed the protest of the respondents thereby appealing before the Civil Service Commission. The Commission disapproved the appointment of the petitioner reversing the ruling of task force. Petitioner filed a motion for reconsideration before the CSC but to no avail, hence , the petition then was filed before the Supreme Court.
76 | P a g e
77 | P a g e
The doctrine of primary jurisdiction requires that a plaintiff should first seek relief in an administrative proceeding before he seeks a remedy in court, even though the matter is properly presented to the court, which is within its jurisdiction. The court will not determine a controversy: 1. 2. 3. Where the question demands administrative determination requiring special knowledge, experience, and services of the administrative tribunal Where the question requires determination of technical and intricate issues of fact Where uniformity of ruling is essential to comply with the purposes of the regulatory statute administered. Industrial Enterprises vs CA, 184 SCRA 426 Smart Communications vs NTC G.R. No. 151908 12 August 2003 Facts: Petitioners Isla Communications Co., Inc. and Pilipino Telephone Corporation filed against the National Telecommunications Commission, Commissioner Joseph A. Santiago, Deputy Commissioner Aurelio M. Umali and Deputy Commissioner Nestor C. Dacanay, an action for declaration of nullity of NTC Memorandum Circular No. 13-6-2000 (the Billing Circular). Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines; that the Billing Circular is oppressive, confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law; that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards; and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. Hence, they prayed that the Billing Circular be declared null and void ab initio. Issue :WON the RTC has jurisdiction of the case
78 | P a g e
79 | P a g e
Provident Tree Farms vs Batario 231 SCRA 463 Facts : PETITIONER PROVIDENT TREE FARMS, INC. (PTFI), is a Philippine corporation engaged in industrial tree planting. It grows gubas trees in its plantations in Agusan and Mindoro which it supplies to a local match manufacturer solely for production of matches. In consonance with the state policy to encourage qualified persons to engage in industrial tree plantation, Sec. 36, par. (1), of the Revised Forestry Code 1 confers on entities like PTFI a set of incentives among which is a qualified ban against importation of wood and "wood-derivated" products. Private respondent A. J. International Corporation (AJIC) imported four (4) containers of matches from Indonesia, which the Bureau of Customs, and two (2) more containers of matches from Singapore. Upon request of PTFI, Secretary Fulgencio S. Factoran, Jr., of the Department of Natural Resources and Environment issued a certification that "there are enough available softwood supply in the Philippines for the match industry at reasonable price." PTFI then filed with the Regional Court of Manila a complaint for injunction and damages with prayer for a temporary restraining order against respondents Commissioner of Customs and AJIC to enjoin the latter from importing matches and "wood-derivative" products, and the Collector of Customs from allowing and releasing the importations. AJIC moved to dismiss the case asseverating that the enforcement of the import ban under Sec. 36, par. (1), of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs, and direct recourse of petitioner to the Regional Trial Court to compel the Commissioner of Customs to enforce the ban is devoid of any legal basis. Issue : WON the RTC has jurisdiction over the case. Ruling : PTFI's correspondence with the Bureau of Customs contesting the legality of match importations may already take the nature of an administrative proceeding the pendency of which would preclude the court from interfering with it under the doctrine of primary jurisdiction. Under the sense-making and expeditious doctrine of primary jurisdiction . . . the courts cannot or will not determine a controversy involving a question which is within the jurisdiction of an administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special
80 | P a g e
81 | P a g e
Where the administrative agency has no jurisdiction, the doctrine does not apply. It does not apply in any of the exceptions to the doctrine of exhaustion of administrative remedies.
82 | P a g e
Facts: Jose L. Gonzales, a senior teacher civil service eligible, was appointed Principal of the Lambunao High School established in the municipality of Lambunao, Iloilo. Lambunao High School was later converted into a Regional Vocational High School under the name of Iloilo Vocational High School. Gonzales then received a letter from the Secretary of Education appointing him as Head of the Related Subjects Department of the Bureau of Public School. He also received a copy of a letter of the Director of Public Schools addressed to respondent Alfredo Pineda, at the time Principal of the Samar Trade School, appointing him as Principal of the Iloilo Vocational School. When Pineda came to assume the office of Principal of the latter school, Gonzales refused to yield the same to him, and sent a written protest against Pineda's appointment as well as against his own appointment as Head of the Related Subjects Department, addressed to the Superintendent of the Iloilo School of Arts and Trades, who forwarded it without undue delay to the Director of Public Schools by a second indorsement. Without waiting for any action on his protest-in fact even before said protest could be forwarded and submitted to the Director of Public Schools-Gonzales, filed the present petition for prohibition with preliminary injunction in the Court of First Instance of Iloilo to restrain the Secretary of Education and the Director of Public Schools from giving effect to the appointment of Alfredo Pineda as Principal of the Iloilo Vocational School, and to recover damages. After due trial, the lower court rendered the appealed judgment. Appellants claimed that the lower court erred in not holding that the present action was instituted prematurely. Issue: WON the appellee initiated the appropriate administrative proceeding. Ruling: The facts of this case disclose that appellee initiated appropriate administrative procedures to obtain relief from the orders that he considered prejudicial to his rights by means of his first, addressed to the Superintendent of the Iloilo School of Arts and Trades. This protest was forwarded by the latter to the Director of Public Schools, but even before this date appellee instituted the present action. It is, therefore, clear that he did not give his superior officers any opportunity to reconsider the questioned orders before seeking judicial intervention. The rule of exhaustion of appropriate remedies before resorting to the courts to seek relief appears to be of stronger application to the present case where, according to the record, appellant Pineda and the
83 | P a g e
It does not affect the jurisdiction of the court. The only effect of non-compliance with the rule is that it will deprive the complainant of a cause of action, which is ground for a motion to dismiss. Nonexhaustion of administrative remedies is a ground for motion to dismiss or is a defense which may be raised in the answer. De los Santos vs Limbaga 4 SCRA 224 Facts: This is an appeal from an order of the Court of First Instance of Basilan City dismissing a petition for mandamus to compel Limbaga, the engineer of that city, to authorize de los Santos to construct a residential house on the land described in the petition. It is alleged the respondent without any lawful cause refused to grant said permit; and that in view of this refusal, petitioner suffered damages. In his answer, the respondent, represented by the City Fiscal of Basilan, denied the allegations of the petition and interposed the following affirmative defenses: that after a fire which occurred in Lamitan that raged down a major portion of the market site therein, the city government approved the purchase of an additional area to enlarge the said site and that, incidentally, the lot claimed by the petitioner was included in the area; that by virtue thereof, expropriation proceedings had been instituted thereon, hence, the denial of the permit applied for by petitioner. The city fiscal moved to dismiss the petition on the following grounds: that mandamus will not lie since the issuance of the permit applied for was a discretionary and not a ministerial duty on the part of the city engineer to which the trial court agreed. Issue: WON the case will prosper and WON there is compliance with the DEAR.
The rule requiring exhaustion of administrative remedies applies only where the agency exercise judicial or quasi-judicial function. It does not apply in the exercise of its rule-making power or legislative power. Ang Tuan Kai vs Import Control Commission L-4427, 21 April 1952 Facts: The petitioner, a duly registered partnership of Manila, alleges in substance (1) that it had placed orders for textiles amounting to about P340,000 with foreign suppliers which orders were accepted before July 31, 1949; (2) that in November 1950 it requested the respondent to allow importation of the textiles against its quota for 1949 pursuant to circular No. 12 and (3) but that respondent with grave abuse of authority and discretion has denied the request and instead ordered that said orders of Ang Tuan Kai & Co., be charged against the firm's 1951 quota and exchange allocations in pursuant to the order issued previously by the same board. Hence this case.
84 | P a g e
Issue: WON the petitioner has cause of action in the herein case before the court. Ruling: Special civil actions of certiorari and mandamus against the Import Control Commission do not lie if the petitioner has a plain and adequate remedy by an appeal to the President. Certiorari or mandamus against administrative officers should not be entertained if superior administrative officers can grant relief. Thus, the petition is denied. D. Exceptions to the doctrine When there is a violation of due process When the issue involved is purely a legal question When the administrative agency is patently illegal amounting to lack or excess of jurisdiction When there is estoppels on the part of the administrative agency concerned When there is irreparable inquiry When the respondent is a department secretary whose acts as an alter ego of the President hears the implied and assumed approval of the latter When to require exhaustion of administrative remedies would be unreasonable When it would amount to a nullification of a claim When the subject matter is private land in land cases proceedings When the rule does not provide a plain speedy and adequate remedy There are circumstances indicating the urgency of judicial intervention (Paat vs. CA) Sunville Timber Products vs Abad 206 SCRA 482 Facts: The petitioner was granted a Timber License Agreement (TLA), authorizing it to cut, remove and utilize timber within the concession area covering 29,500 hectares of forest land in Zamboanga del Sur, for a period of ten years expiring on September 31, 1992.
85 | P a g e
86 | P a g e
87 | P a g e
Smart Communications vs NTC G.R. No. 151908 12 August 2003 Facts: petitioners Isla Communications Co., Inc. and Pilipino Telephone Corporation filed against the National Telecommunications Commission, Commissioner Joseph A. Santiago, Deputy Commissioner Aurelio M. Umali and Deputy Commissioner Nestor C. Dacanay, an action for declaration of nullity of NTC Memorandum Circular No. 13-6-2000 (the Billing Circular). Petitioners allege that the NTC has no jurisdiction to regulate the sale of consumer goods such as the prepaid call cards since such jurisdiction belongs to the Department of Trade and Industry under the Consumer Act of the Philippines; that the Billing Circular is oppressive, confiscatory and violative of the constitutional prohibition against deprivation of property without due process of law; that the Circular will result in the impairment of the viability of the prepaid cellular service by unduly prolonging the validity and expiration of the prepaid SIM and call cards; and that the requirements of identification of prepaid card buyers and call balance announcement are unreasonable. Hence, they prayed that the Billing Circular be declared null and void ab initio. Issue :WON the RTC has jurisdiction of the case
88 | P a g e
Held: Petitions are granted. The issuance by the NTC of Memorandum Circular No. 13-6-2000 and its Memorandum dated October 6, 2000 was pursuant to its quasi-legislative or rulemaking power. As such, petitioners were justified in invoking the judicial power of the Regional Trial Court to assail the constitutionality and validity of the said issuances. What is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the performance of its quasilegislative function, the regular courts have jurisdiction to pass upon the same. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. Indeed, the Constitution vests the power of judicial review or the power to declare a law, treaty, international or executive agreement, presidential decree, order, instruction, ordinance, or regulation in the courts, including the regional trial courts. 25 This is within the scope of judicial power, which includes the authority of the courts to determine in an appropriate action the validity of the acts of the political departments. 26 Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
Marinduque Iron Mines v. Sec. of Public Works 8 SCRA 179 Facts: It appears from the allegations of the petition that the petitioner was denounced before the Port and Harbor Board, Manila for making certain constructions near the mouth of Calat-an Creek in Sipalay, Negros Occidental; that on September 11, 1958, petitioner was served with copy of the charges filed against it by two investigators of respondent Secretary of Public Works and Communications who conducted an investigation of said charges; that on the basis of this investigation, respondent Secretary rendered a decision dated January 16, 1959 ordering the petitioner herein to remove the causeway illegally constructed at the mouth of the Calat-an River and restore the bed of said river to its original condition within thirty days from receipt of copy of the decision,
89 | P a g e
Bueno vs Patanao 9 SCRA 794 Facts: On April 29, 1958, Pedro B. Patanao commenced Special Civil Case No. 48 with the Court of First Instance of Agusan, against Valeriano, C. Bueno and one Juanito Merin, for injunction and damages. In his amended petition, Patanao alleged that on March 10, 1958 the respondents therein disturbed him in his, possession of his timber concession by illegally entering the same and cutting and hauling logs therein; that when he went to the area to stop said respondents and their laborers, truckers and loggers from cutting and hauling logs "he was met with riot guns, pistols and other firearms"; and that defendants were able to cut no less than one million board feet of exportable logs worth not less than $64,000.00 and would be able to cut and haul even a bigger amount in the space of one month as they had allegedly concentrated all their logging machineries and equipment with the apparent intention of illegally denuding the forest area covered by his license. Patanao thus urged the court below to issue a writ of preliminary injunction so as to enjoin the respondents, their agents, laborers and lawyers, from entering the area and cutting and hauling logs therein pending trial and, after trial, to make the injunction final and permanent, and to condemn said respondents liable in an amount of not less than P175,000. 00 as actual and moral damages, attorney's fees and costs. Ruling: At first glance, petitioner's argument appears to be tenable. True, the common boundary of the parties was verified by the Bureau of Forestry way back in March 1955. It seems, however, that while petitioner Bueno had endeavored to respect the verification report, respondent Patanao had refused to conform thereto, so much so that the conflict was brought anew to the attention of the Director of Forestry who has formally taken a hand therein. On or about April 8, 1958, before Patanao instituted Civil Case No. 48 with the respondent court, he was officially requested to designate a representative to accompany Forestry officials in the verification of the common boundary line between him and petitioner (Exhibit 8, letter addressed to Patanao by Anastacio G. Sison, officer-incharge, Esperanza Forest Station, Agusan, p. 5; Opposition to Urgent Motion to Dissolve Writ of Preliminary Injunction, dated, July 23, 1958.) That said boundary dispute is still pending in the Bureau of Forestry at the filing of this petition is shown by the letter of the District Forester of Agusan, now in the
90 | P a g e
Facts: On 2 September 1985, the Municipal Government of Muntinlupa (hereinafter, Municipality), Metro Manila, thru its then Mayor Santiago Carlos, Jr., entered into a contract with the KILUSANG BAYAN SA PAGLILINGKOD NG MCA MAGTITINDA SA BAGONG PAMILIHANG BAYAN NG MUNTINLLUPA, INC. (KBMBPM) represented by its General Manager, Amado Perez, for the latter's management and operation of the new Muntinlupa public market. The contract provides for a twenty-five (25) year term commencing on 2 September 1985, renewable for a like period, unless sooner terminated and/or rescinded by mutual agreement of the parties, at a monthly consideration of Thirty-Five Thousand Pesos (P35,000) to be paid by the KBMBPM within the first five (5) days of each month which shall, however, be increased by ten percent (10%) each year during the first five (5) years only. Following his assumption into office as the new mayor succeeding Santiago Carlos, Jr., petitioner Ignacio Bunye, claiming to be particularly scandalized by the "virtual 50-year term of the agreement, contrary to the provision of Section 143, paragraph 3 of Batas Pambansa Blg. 337," and the "patently inequitable rental," directed a review of the aforesaid contract.3 He sought opinions from both the Commission on Audit and the Metro Manila Commission (MMC) on the validity of the in strument. In separate letters, these agencies urged that appropriate legal steps be taken towards its rescission. The letter of Hon. Elfren Cruz of the MMC even granted the Municipality authority "to take the necessary legal steps for the cancellation. rescission of the above cited contract and make representations with KBMBPM for the immediate transfer/takeover of the possession, management and operation of the New Muntinlupa Market to the Municipal Government of Muntinlupa." Consequently, upon representations made by Bunye with the Municipal Council, the latter approved on 1 August 1988 Resolution No. 45 abrogating the contract. To implement this resolution, Bunye, together with his co-petitioners and elements of the Capital Command of the Philippine Constabulary, proceeded, on 19 August 1986, to the public market and announced to the general public and the stallholders thereat that the Municipality was taking over the management and operation of the facility, and that the stallholders should thenceforth pay their market fees to the Municipality, thru the Market Commission, and no longer to the KBMBPM. Issue: Whether or not the petitioners in the first case failed to follow the doctrine of exhaustion of admin remedies.
91 | P a g e
Ruling: As to failure to exhaust administrative remedies, the rule is well-settled that this requirement does not apply where the respondent is a department secretary whose acts, as an alter ego of the President, bear the implied approval of the latter, unless actually disapproved by him.69 This doctrine of qualified political agency ensures speedy access to the courts when most needed. There was no need then to appeal the decision to the office of the President; recourse to the courts could be had immediately. Moreover, the doctrine of exhaustion of administrative remedies also yields to other exceptions, such as when the question involved is purely legal, as in the instant case, or where the questioned act is patently illegal, arbitrary or oppressive. Such is the claim of petitioners which, as hereinafter shown, is correct. Almine vs CA 177 SCRA 796
92 | P a g e
93 | P a g e
Sunga v. NLRC 173 SCRA 338 Facts: Sunga, et al. filed before the NLRC a complaint against ACD Computer Services and Cabel for illegal dismissal and non-payment of certain benefits. The labor arbiter rendered a decision sustaining the petitioners' position. The labor arbiter, then, upon motion of the petitioners, issued a writ of execution to enforce said decision. The following day, the sheriff served a notice of garnishment to the Commercial Bank of Manila after which the total amount of P15,031.85 was garnished. This amount has already been turned over to the petitioners. A levy on execution was made upon the properties found in the respondents' office premises. ACD Group Inc., an American firm based in California, U.S.A., through its Chairman, Dulay filed a third-party claim in the NLRC case on the ground that it is the real owner of the computers levied upon and scheduled for auction. This third-party claim was denied. ACD Computer Services and Cabel filed before the NLRC a petition for relief from judgment in NLRC-NCR Case No. 6-2423-86 with prayer for the issuance of writ of preliminary injunction and/or restraining order. The NLRC then issued the questioned resolutions incidental to Injunction Case. The petitioners filed before the NLRC a motion to dismiss and/or answer to the petition on the ground that a petition for relief is not a remedy granted under the Labor Code and NLRC Rules. Without waiting for the NLRC's resolution on their motion to dismiss, the petitioners filed the present petition. This petition seeks to annul the three NLRC resolutions, to prohibit the NLRC from taking further proceedings in Injunction Case and to direct the NLRC to dismiss said injunction case and to order the full execution of the decision. The Solicitor General recommends that the petition be dismissed for being premature, applying the doctrine of exhaustion of administrative remedies. He further stressed the jurisdiction of the NLRC and its exercise of sound discretion. Issue: WON the Soc Gens position is tenable. Ruling: The Court gave due course to this petition on a finding, among others, that the instant case falls under the exceptions to the general rule. The doctrine of exhaustion of administrative
94 | P a g e
Sabello v. DECS 100 SCRA 623 Facts: Petitioner Sabello, was the Elementary School Principal of Talisay and also the Assistant Principal of the Talisay Barangay High School of the Division of Gingoog City. The barangay high school was in deficit at that time due to the fact that the students could hardly pay for their monthly tuition few. Since at that time also, the President of the Philippines who was earnestly campaigning was giving aid in the amount of P2,000.00 for each barrio, the barrio council through proper resolutions alloted the amount of P840.00 to cover up for the salaries of the high school teachers, with the honest thought in mind that the barrio high school was a barrio project and as such therefore, was entitled to its share of the RICD fund in question. The only part that the herein petitioner played was his being authorized by the said barrio council to withdraw the above amount and which was subsequently deposited in the City Treasurer's Office in the name of the Talisay Barrio High School. That was a grave error on the part of the herein petitioner as it involves the very intricacies in the disbursement of government funds and of its technicalities. Thus,
95 | P a g e
Facts: Montes was charged with negligence in the performance of duty (Dredge No. 6 under him bad sunk because of water in the bilge, which he did not pump out while under his care). the Commissioner of Civil Service exonerated him, on the basis of findings made by a committee. But the Civil Service Board of Appeals modified the decision, finding petitioner guilty of contributory negligence in not pumping, the water from the bilge, and ordered that he be considered resigned effective his last day of duty with pay, without prejudice to reinstatement at the discretion of the appointing officer. Montes then filed an action in the Court of First Instance of Manila to review the decision, but the said court dismissed the action on a motion to dismiss, on the ground that petitioner had not exhausted all his administrative remedies before he instituted the action. The law which was applied by the lower court is Section 2 of Commonwealth Act No. 598, which provides: The Civil Service Board of Appeals shall have the power and authority to hear and decide all administrative cases brought before it on appeal, and its decisions in such cases shall be final, unless revised or modified by the President of the Philippines. Issue: WON the lower court erred in applying Commonwealth Act No. 598 in the instant case. Sec 2 of
Ruling: There is no duty imposed on a party against whom a decision has been rendered by the Civil Service Board of Appeals to appeal to the President, and that the tendency of courts has been not to subject the decision of the President to judicial review. It is further argued that if decisions of the Auditor General may be appealed to the courts, those of the Civil Service Board of Appeals need not be acted upon by the President also, before recourse may be had to the courts. It is also argued that if a case is appealed to the President, his action should be final and not reviewable by the courts because such a course of action would be derogatory to the high office of the President. The judgment appealed from is thus affirmed.
96 | P a g e