Chapter 1- General Considerations

Dean Roscoe Pound that branch of modern law under

which the executive department of the government
acting in a quasi-legislative or quasi-judicial capacity
interferes with the conduct of the individual for purpose
of promoting the wellbeing of the community, as under
laws regulating public interest, professions, trades and
callings, rates and prices, laws for the protection of public
health and safety, and the promotion of public convince.

Examples are the implementing rules and

circulars issued by AA
4. Determinations and orders of the administrative
bodies in the settlement of controversies arising
in their respective fields
2 senses of the word Administration
1. Administration as an Institution the aggregate
of individuals in whose hands the reins of
government are for the time being.
- This are the persons who actually run the
government
- Government- is the agency or instrumentality
through which the will of the state is
formulated, expressed and realized.
2. Administration as a Function - the actual running
of the government through the enforcement of
laws and implementation of policies
- It can be either internal or external
- Internal- covers those rules defining the
relations of public functionaries inter se and
embraces the whole range of the law of
public officers.
o These are the rules laid down in a
particular agency or office like those
prescribing work assignments, job
descriptions, uniforms, procedures
for reports etc.
- External - defines the relation of the public
office with the public in general.
o The rules prescribe affects those
dealing with the office
o Example. Rules of the energy
regulatory commission or POEA

Professor Goodnow- that part of public law which fixes

the organization of the government and determines the
competence of the authorities who execute the law and
indicat4es to the individual remedies for the violation of
his rights.
Justice Frankfurther- branch of law which deals with the
field of legal control exercised by law-administering
agencies other than courts and the field of control
exercised by courts over such agencies.
Basis of AL a consequence of the everlasting
complexities of society and proliferation of problems of
government that cannot readily or effectively be
addressed by the traditional public agencies or solved by
the other disciplines of public law.
Scope- regulation of private right for public welfare
Origin and Development
Origin Doctrine of Separation of powers- all rules of
conduct are supposed to be laid down directly by the
legislature, subject to the direct enforcement of the
executive department, and the application and
interpretation also directly by the judiciary.
*by delegation therefore, the legislature is able to relieve
itself of the responsibility of to legislate directly on
relatively minor matters and of attending as well to the
adjudication of essentially factual questions that more
properly pertain to the executive authorities. In this
manner, the legislature can concentrate on matters of
national or greater significance.
Sources of AL
1. Constitutional or statutory enactments creating
administrative bodies
2. Decision of courts interpreting the charters of
administrative bodies and defining their powers,
rights, inhibitions, among others, and the effects
of their determinations and regulations
3. Rules and regulations issued by the administrative
bodies in pursuance of the purposes for which
they were created

AL as distinguished from Law

L- is an impersonal command provided with sanctions to
be applied in case of violation.
AL- is preventive rather than punitive and is accepted to
be more personal than law.
L- being impersonal is concerned only with obedience to
its mandate and not with the circumstances or excuses of
the violator.
AL- has more sympathetic regard for the individual and
seeks to spare him from the punishment of the law by
persuading him to observes its commands
Chapter 2- Administrative Agencies
Definition a body endowed with Quasi-legislative and
quasi-judicial powers for the purpose of enabling it to

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carry out laws entrusted to it for enforcement or

execution.
Agency- any department, bureau, office, commission,
authority or officer of the national government
authorized by law or executive order to make rules, issue
licenses, grant rights or privileges and adjudicates cases;
research institutions with respect to licensing functions;
government corporations with respect to functions
regulating private right, privilege, occupation or business;
and officials in the exercise of disciplinary power as
provided by law
Malaga vs Penachos jr. Government instrumentality
refers to any agency of the national government not
integrated with in the department framework, vested
with special functions or jurisdiction by law, endowed
with some if not all corporate powers, administering
special funds and enjoying operational autonomy usually
though a charter

Administrative relationships
1. Attachment refers to the lateral relationship
between the department or its equivalent and the
attached agency or corporation for purposes of
policy and program coordination.
2. Supervision and control
3. Administrative supervision
Nature
AA pertains to the executive department because
its principal function is the implementation of the law in
accordance with the policies and instructions laid down by
the legislature.
Creation and abolition
*AA may be created by the constitution or by statute
Types of administrative bodies
1. Those set up to offer some gratuity, grant or
special privileges (Phil veterans Ad)
2. To carry on certain actual business of the
government (BOC)
3. To perform some business service for the public
(Bureau of posts)
4. To regulate business affected with public interest
(LTFRB)
5. To regulate the private business of individuals
under the police power (SEC)
6. To adjust individual controversies because of
some strong social policy involved (NLRC)
7. To make the government a private party (GSIS)

Chartered institution any agency organized or operating

under a special charter and vested by law with functions
relating to specific constitutional policies and objectives.
According to the SC:
*agency any various units of the government, including
a department, bureau, office, instrumentality, GOCC or
LGU or a distinct unit therein.
Department- an executive department created by law
Bureau- any political subdivision of any department
Office- any major functional unit of a department or
bureau including regional offices, it may also refer to any
position held or occupied by individual persons whose
functions are defined by law or regulation.
Instrumentality- any agency of the national government
not integrated within the department framework, vested
with 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 (includes the terms, chartered
institution, regulatory agencies and GOCC)
GOCC-any agency organized as a stock or non-stock
corporation vested with functions relating to public needs
whether governmental or proprietary in nature and
owned by the government directly or indirectly or
through its instrumentalities either wholly or where
applicable as in case of stock corporation, to the extent of
at least 51% of its capital stock

If AA is created by the constitution, the administrative

body can only be altered or abolished by constitutional
amendment.
If created via statute, the legislature can amend; repeal its
charter thereby resulting to its abolition.an AA may be
reorganized via:
1. Pursuant to the law establishing it
2. Another law authorizing its reorganization
Abolition is justified if made in good faith and not
attended by grave abuse of discretion
Advantages

2E Administrative Law Notes Darling Sapphire Hefti (2013-2014)

1. Advantage in expertise derived from specialized

training and experience
2. Adaptability to change and ease in reacting to
new and even emergency situations given its
flexible nature because of its basic rule-making
authority and adjudicatory prerogatives
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Relation to regular departments

left to the discretion of the gov gen the law

does not specify or define what such
temporary and emergency measures shall
remain in force and effect or when they shall
take effect. All of these are left to the sole
judgment and discretion of the governor
general. The law is thus incomplete as a
legislation.
2. Sufficient standard test = the law must offer a
sufficient standard to specify the limits of the
delegates authority, announce the legislative
policy and specify the conditions under which it is
to be implemented. The standard is usually
embodied in the law itself, if not the courts will
usually bend over backward to discover it in the
circumstances surrounding the enactment of the
delegating statute.
- Sufficient standard one which defines
legislative policy, marks its limits, maps out its
boundaries and specifies the public agency to
apply it. Indicates the circumstances under
which the legislative command is to be
effected.
- Among the accepted sufficient standards are
o Public interest
o simplicity
o economy and efficiency
o public welfare
- Ynot vs IAC the phrase may see fit is an
extremely generous and dangerous condition,
if condition it is. it is laden with perilous
opportunities for partiality and abuse and
even corruption. One searches in vain for the
usual standard and the reasonable guidelines
or better still the limitations that said officers
must observe when they make their
distribution, there is none. Their option are
apparently boundless there is here a
roving commission a wide and sweeping
authority that is not canalized within banks
that keep it from overflowing in short a
clearly profligate and therefore invalid
delegation of legislative power.

AA acts as an agent and so is bound to obey and

implement the legislative will.
AA pertains to the executive department and so comes
under the constitutional control of the president which
control cannot be withdrawn or limited even by the
legislature
Chapter 3 - Powers of Administrative Bodies
Quasi-Legislative the power of subordinate legislation
and permits the body to promulgate rules intended to
carry out the provision.
*It is the authority delegated by the law making body to
the administrative body to adopt rules and regulations
intended to carry out the provisions of a law and
implement legislative policy.
*PHIC vs Chinese General Hospital and medical center it
is doctrinal in Admin Law that the R&R of admin bodies
interpreting the law they are entrusted to enforce have
the force of law. These issuances are by no means ironclad norms and may be reviewed and nullified by the
courts if found to have been issued not in compliance
with the requisites for their validity.
*Administrative rule- any agency statement of general
applicability that implements or interprets a law, fixes and
describes the procedures in, or practice requirements of,
an agency including its regulations
* Rule-making- means an agency process for the
formulation, amendment or repeal of a rule
*Tio vs Videogram Regulatory Board the true distinction
is between the delegation of power to make the law
which is necessarily involves the discretion as to what it
shall be and conferring authority or discretion as to its
execution to be exercised under and in pursuance of the
law. The first cannot be done; to the latter no valid
objecting may be made.
*Schecter Poultry Corp vs US to be valid, the delegation
must not create what the US SC calls a roving
commission but should be canalized within the banks
that keep it from overflowing
Test of Valid Delegation
1. Completeness test the law must be complete in
all its terms and conditions when it leaves the
legislature so that when it reaches the delegate, it
will have nothing to do but to enforce it.
- US vs Ang tang ho - the promulgation of
temporary rules and emergency measures is

Quasi-Judicial the power of adjudication enables the AA

to resolve in a manner essentially judicial, factual and
sometimes even legal questions incidental to its primary
power of enforcement of the law
* the power of the administrative authorities to make
determinations of facts in the performance of their official
duties to apply the law as they construe it to the facts
found.

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Determinative powers
1. Enabling powers those that permit the doing of
an act which the law undertakes to regulate and
which would be unlawful without government
approval.
2. Directing Powers- orders the doing or
performance of particular acts to ensure
compliance with the law are often exercised for
corrective purposes.
3. Dispensing Powers- allows the admin officer to
relax the general operation of the law or exempt
from the performance of a general duty,
4. Summary powers- those involving the use by
admin authorities of force upon persons or things
without the necessity of previous judicial warrant.
5. Examining Powers- enables it to inspect the
records and premises, and investigate the
activities of persons or entities coming under its
jurisdiction. It includes:
a. Issuance of subpoena
b. Swearing in of witnesses
c. Interrogating of witnesses
d. Calling for production of books, papers
and records
e. Requiring that books, papers and records
be made available for inspection
f. Inspection of premises
g. Requiring written answers to
questionnaires
h. Requiring the filing of statements
i. Physical and mental examinations
*the jurisdiction and powers of AA are limited to those
expressly granted or necessarily implied from those
granted in the legislation creating such bodies
LLDA vs CA - AA has:
1. Powers expressly granted to it by law
2. Powers necessarily implied in the exercise of its
express powers
Chapter 4- Quasi Legislative Power

The administrative agency is intended to enable it

to implement the policy of the law and to provide
for the more effective enforcement of its
provisions.

Kinds of Administrative Regulations

1. Legislative is in the matter of subordinate
legislation, designed to implement a primary
legislation by providing the details thereof.

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Accorded by courts of by express

provision of statute the force and effect
of law immediately upon going into
effect.
AA is acting in legislative capacity,
supplementing the statute, filing in the
details or making the law and usually
acting pursuant to a specific delegation of
legislative power

Classification of Legislative regulation

a. Supplementary intended to fill in the details
of the law and to make explicit what is only
general
Purpose- to enlarge upon a statute,
subject only to the standards fixed
therein, to ensure its effective
enforcement in accordance with the
legislative will.
Provides for the specific rules to be
observed
b. Contingent issued upon the happening of a
certain contingency which the administrative
body is given the discretion to determine or
to ascertain under and pursuant to the law,
AA are allowed to ascertain the
existence of particular contingencies
and on the basis thereof enforce or
suspend the operation of law
2. Interpretative- designed to provide guidelines to
the law which the administrative agency is in
charge of enforcing.
Those which purport to do more than
interpret the statute being administered,
to say what it means.
They constitute the administrators
construction of a statute
The AA is merely anticipating what
ultimately must be done by the courts;
they are performing a judicial function
rather a legislative function
Have validity in judicial proceedings only
to the extent that they correctly construe
the statute
Issued by the AA as an incident of its
power to enforce the law and is intended
merely to clarify its provisions for proper
observance by the people
Merely persuasive, it is at best advisory
for it is the courts that finally determine
what the law means

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Requisites of Valid Administrative Regulation

1. Its promulgation must be authorized by the
legislature
- authority is usually conferred by the charter
itself of the AA or by the law it is supposed to
enforce
2. It must be within the scope of the authority given
by the legislature
The regulation promulgated must not be
ultra vires or beyond the limits of the
authority conferred. AA cannot amend
and act of congress.
Limited into carrying into effect what is
provided in the legislative enactment
The law cannot be amended by a mere
regulation
The regulations may not enlarge, alter or
restrict the provisions of the law it
administers; it cannot engraft additional
requirements not contemplated by the
legislature
In case of conflict the law must prevail
As a GR, LOI are simply directives of the
President of the Philippines. Issued in the
exercise of his administrative power of
control. To heads of departments and/or
officers under the executive branch of the
government for observance by the
officials and/or employees thereof
being administrative in nature, they do
not have the force and effect of law and,
thus, cannot be a valid source of
obligation.
3. It must be promulgated in accordance with the
prescribed procedure
GR: does not require previous notice and
hearing
Exception:
i. Where the legislature itself
requires it
ii. Mandates that the regulation
shall be based on certain facts as
determined at an appropriate
investigation
Where the regulation is in effect a
settlement of a controversy between
specific parties it is considered an
administrative adjudication and so will
require notice and hearing
When the administrative rule goes
beyond merely providing for the means
that can facilitate or render less
2E Administrative Law Notes Darling Sapphire Hefti (2013-2014)

cumbersome the implementation of the

law and substantially increases the
burden of those governed, it behooves
the agency to accord at least to those
directly affected a chance to be heard and
thereafter, to be duly informed, before
the issuance is given the force and effect
of law.
Philippine international trading
corporation vs COA- publication is a
condition precedent to the effectivity of a
law to inform the public of the contents
of the law or rules or regulations before
their rights and interest are affected by
the same.
Exception to publication:
i. Interpretative regulations that are
internal in nature
a. Admin code provides every agency shall file
with the UP law center 3 certified true copies
of every rule adopted by it. Rules In force on
the date of effectivity of this code which are
not filed within 3 months from that date shall
not thereafter be the basis of any sanction
against any person or persons
b. Admin Issuances which are not published or
filed with the National Administrative Register
as required by the admin code ARE
INEFFECTIVE AND MAY NOT BE ENFORCED
c. Misamis Oriental Association of Coco Traders
Inc vs Department of finance Secretary- in
the same way that laws must have the benefit
of public hearing, it is generally required that
before a legislative rule is adopted there must
be a hearing, in this connection the Admin
law of 1987 provides: Public Participation:
1. If not otherwise required by law, an
agency shall, as far as practicable,
publish or circulate notice of
proposed rules and afford interested
parties the opportunity to submit
their views prior to the adaptation of
any rule
2. In the fixing of rates, no rule or final
order shall be valid unless the
proposed rates shall have been
published in a newspaper of general
circulation at least 2 weeks before the
1st hearing thereon
3. In case of opposition, the rules on
contested cases shall be observed
4. It must be reasonable
Page 5

The regulation must involve the public

welfare and the method employed must
be reasonably related to the purposes of
the rule and not arbitrary.

* * a regulation be not in contravention with but

should conform to the standards that the law
prescribes
** a regulation is binding on the courts as long as the
procedure fixed for its promulgation is followed. Even
if the courts may not be in agreement with its stated
policy or innate wisdom, it is nonetheless valid
Penal Regulations
*the power to define and punish crime is exclusively
legislative and may not be delegated to the administrative
authorities.

Amendment and Repeal

Subject to amendment or repeal by the authorities that
promulgated them in the 1st place. And may be change
directly by the legislature
AAs power to issue regulations is not, once exercised
deemed exhausted. This power may be exercised as often
as it becomes necessary to adjust the regulation to the
changing circumstances surrounding the subject thereof
or the problem sought to be solved or alleviated by the
rule
Chapter 5- Quasi Judicial Powers
What- the power of the AA to determine questions of fact
which the legislative policy is to apply, in accordance with
the standards laid down by the law itself

Special requisites of a valid administrative regulation with

a penal sanction are:

When-it exercises quasi-judicial powers when it performs

in a judicial manner an act which is essentially of an
executive or administrative nature

1. The law itself must make the violation of the admin

regulation punishable
2. The law itself must impose and specify the penalty
for the violation of the regulation
3. The regulation must be published

QJ is the term ap0plied to the action, discretion of officers

who are required to investigate facts, or ascertain the
existence of facts and draw conclusions from them as
basis for their official actions and to exercise discretion of
a judicial nature

Construction and interpretation

*the regulation should be read in harmony with the
statute and not in violation of the authority conferred on
the administrative authorities
*Administrative rules and regulations operations operate
prospectively only, unless the legislative intent to the
contrary is manifest by express terms or by necessary
implication.

EO 292 defines this as an agency process for the

formulation of a final order
SC- QJ is a term that applies to the actions or discretion of
public administrative officers or bodies that are required
to investigate facts, hold hearings and draw conclusions
from them, as a basis for their official action and to
exercise discretion of a judicial nature.
Requisites
1. Jurisdiction must be properly acquired by the
administrative body
2. Due process must be observed in the conduct of
proceedings

* interpretation given by the administrative body to its

own rules, while not binding on the courts, is received
with much respect and will usually be followed except
only where it is clearly arbitrary or unreasonable.
Enforcement

Jurisdiction

*it is established that the power to promulgate

administrative regulations carries with it the implied
power to enforce them. This may be effected through
judicial actions or through petitions for mandamus and
injunction or through sanctions that the statute itself may
allow the Admin body to impose.

Defined as the competence of an office or body to act on

a given matter or decide a certain question

*the power to enforce admin regulations likewise

includes the power to issue opinions and rulings to enable
the AA to properly execute said regulations

Without jurisdiction , determination of AA are null

and without any legal effect whatsoever, and
subject to direct and collateral attack

It is the legislature that has the power to confer

jurisdiction upon the admin body and so limit or expand
its authority.

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Each AA has its own peculiar jurisdiction as

conferred upon it by the specific provisions of its
charter
PCGG vs Pena RTC and CA has no jurisdiction
over PCGG. The commission is a co-equal body
with the RTC and co-equal bodies have no power
to control the other
The law may also allow some AA to award certain
kinds of damages while denying the same power,
for no apparent reason to other AA
o Powers of AA are limited to those
expressly granted and necessarily implied
from those granted in the legislation
creating the body

Rules of Procedure
-

Where an AA is expressly granted the power of

adjudication, its deemed also vested with the
implied power to prescribe rules to be observed
in the conduct of its proceedings.
Angara vs Electoral Commission- Doctrine of
Implication where general power is conferred
or duty enjoined, every particular power
necessary for the exercise of the one or the
performance of the other is also conferred.
Therefore incidental power to promulgate such
rules necessary for the proper exercise of its
executive power must be deemed by necessary
application to have been lodged also
Where the statute does not require any particular
method of procedure, the AA may adopt any
reasonable method to carry out its functions BUT
to be valid, the rules must not violate
fundamental rights or encroach upon
constitutional prerogatives
Administrative rules of procedure should be
construed liberally in order to promote their
object and to assist the parties in obtaining a just,
speedy and inexpensive determination of their
respective claims and defenses.
Provisions of ROC maybe applied suppletorily to
the rules of procedures of AA
Art 8 Sec 5(5) of the consti rules of procedure of
special courts and quasi-judicial bodies shall
remain effective unless disapproved by the SC
Department of agrarian reform adjudication
board vs lubrica-Procedure vs Jurisdiction
Procedure is the means by which the power or
authority of a court to hear and decide a class of
cases is put into action

The Subpoena Power

The power to issue subpoena and subpoena duces tecum
is not inherent in AAthe power must be expressly
granted by the charter
Sec 13 Chp 3 Book 7 of Admin Code, that in any
contested case, the agency shall have the power to
require the attendance of witnesses or the production of
books, papers, documents and other pertinent data. Upon
request of any party before or during any hearing upon
showing of general relevance. The same law adds that.
unless otherwise provided by law, the agency may, in
case of disobedience, invoke the aid of RTC within whose
jurisdiction the contested case falls. The court may punish
contumacy or refusal as contempt.
-

The fact that AA has been authorized to conduct

investigation does not necessarily mean it can
also summon witnesses and take testimony in the
absence of clear grant of this power from the
legislature
Carino vs CHR- investigate vs adjudicate
Investigate-means to examine, explore, inquire or
delve or probe into, research on, study. The legal
meaning of investigate is to follow up step by step
by patient inquiry or observation. To trace or
track; to search into; to examine and inquire into
with care and accuracy
Adjudication- means to adjudge, arbitrate, judge,
decide, determine, resolve, rule on settle. In legal
sense it means to settle in the exercise of judicial
authority. To determine finally

The Contempt Power

The power to punish for contempt is essentially judicial
and cannot be claimed as an inherent right by the admin
body.
To be validly exercised, it must be expressly conferred
upon the body and, additionally must be used only in
connection with its QJ functions
Sec 12 of Rule 71 of the 1997 Rules of Civ Pro- QuasiJudicial agencies that have the power to cite persons for
indirect contempt can only do so by initiating them in the
proper RTC. It is not within their jurisdiction and
competence to decide indirect contempt cases.
Notice and Hearing
Non observance will invalidate the administrative
proceedings

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Essence of Due process in Administrative proceedings is

the opportunity to explain ones side or chance to seek
reconsideration of the action or ruling complained of

Montemayor vs Bundalin - Basic Principles in Admin

Investigations
1. The burden on the complainant to prove by
substantial evidence the allegations of his
complaint
2. In reviewing admin decisions of the executive
branch, the findings of the facts made therein are
to be respected so long as they are supported by
substantial evidence
3. Admin decisions in matters within their exclusive
jurisdiction can only be set aside on proof of gross
abuse of discretion, fraud or error of law.
- This principles negated the power of the
reviewing court to re-examine the sufficiency of
the evidence in the admin case and do not
authorize the court to receive additional evidence
that was not submitted to the AA concerned.

When can N&H be omitted?

1. Urgency of immediate action
2. The tentativeness of the administrative action
3. The fact that the right had been previously
offered but not claimed.
Examples
1. Summary abatement of nuisance per se
2. Preventive suspension of public servant facing
admin charges
3. The summary distrait and levy of property of
delinquent tax payer
4. Replacement of a temporary or acting appointee
5. Padlocking of filthy restaurants or theaters
showing obscene movies
Administrative Due process
PLDT vs Tiamson it is true that administrative and
quasi-judicial bodies like the NLRC are not bound by the
technical rules of procedure in the adjudication of cases.
However, this procedural rule should not be construed as
a license to disregard certain fundamental evidentiary
rules.

Zambales Chromite vs CA Mockery of Justiceaffirming a decision previously rendered by the same

person. ( ung tao is head of different AA na)
-

Elements of Due Process

1. There must be a court or tribunal clothed with
Judicial Power to hear and determine the matter
before it
2. Jurisdiction must be lawfully acquired over the
person of the defendant or property which us the
subject of the proceedings
3. The defendant must be given the opportunity to
be heard
4. And judgment must be rendered upon lawful
hearing

Ang tibay vs CIR- cardinal rules to be observed in admin

proceedings
1. The right to hearing which includes the right of
the party interested or affected to present his
own case and submit evidence in support thereof
2. The right to have the evidence considered
3. The decision must be supported by evidence
4. Evidence must be substantial
a. Substantial evidence- it means such
relevant evidence as a reasonable mind
might accept as adequate to support a
conclusion
5. The decision must be rendered on the evidence
presented at the hearing or atleast contained in
the record and disclosed to the parties affected
6. AA or Judges must act on its own or his own
independent consideration of the law and facts of
the controversy and not simply accept the views
of a subordinate in arriving a decision
7. In all controversial questions, render its decision
in such a manner that the parities to the
proceeding can know the various issues involve
and the reasons for the decision rendered

In order that the review of the decision of a

subordinate officer might not turn out to be a
farce, the reviewing officer must be other that the
officer whose decision is under review.

Administrative Appeals and Review

Unless otherwise provided by law or EO, and appeal form
a final decision of the AA may be taken to the Department
Head, whose decision may further be brought to the
regular courts of justice, in accordance with the
procedure specified by law.
Enforcement and Decision
Absence any statute providing for the enforcement of an
administrative decision .The same cannot be enforced
except possibly by appeal to the force of public opinion

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It is established that AA that have not been conferred the

power to enforce their QJ decisions may invoke the court
action for the purpose
Res Judicata

courts, BUT when the exercise of such functions the

admin officer is tainted by a failure to abide by the
command of law, then it is incumbent on the courts to set
matters right with the SC having the last say on the
matter.

(before)

Constitutional Commissions (COMELEC, COA, CSC)

GR: Administrative decisions are not considered res

Judicata so as to preclude its subsequent reconsideration
or revocation.

GR: any decision, order or ruling of each commission may

be brought to the SC on certiorari by the aggrieved party
within 30 days from the receipt of a copy thereof

Exception: when the administrative decision has been

affirmed by a court decision, the doctrine of res judicata
attaches

Excp: Unless otherwise provided in this constitution or by

law

Reason: Administrative decision making is a continuing

process; decisions of the previous incumbents of the AA
may be modified or reversed by their successors in the
exercise of their own powers of adjudication.

Sec 9 BP 129 - the CA may review final decisions, orders,

awards or resolutions of RTC and all quasi-judicial bodies
except the COMELEC, COA, CSC and decisions issued
under the labor code of the Philippines and by the central
board of assessment appeals

Modified(now) GR: decisions of AA rendered pursuant to

their QJ authority have, upon their finality the force and
binding effect of a final judgment within the purview of
res judicata
-

This principle applies as well as to the judicial, QJ

acts of public, executive and administrative
offices and boards acting within their jurisdiction
as to judgments of courts having general judicial
powers.
Basis: grounded on fundamental considerations of
public policy and sound practice that, at the risk
of occasional error, the judgment of courts and
award of QJ agencies must become final at some
definite date fixed by law

Exceptions:

Questions of law appealable to the courts of justice even

without legislative permission
Reason: the judicial tribunal cannot be deprived of their
inherent authority to decide questions of law, initially or
by way of review of administrative decisions. Being
inherent, the power cannot be withdrawn by the
legislature through a law making such a decision final and
inappealable
Methods of review
1. Specific
2. General
*in the absence of specific rules governing appeals, ROC
maybe availed of
Industrial power sales inc vs Sinsuat- Standard for review
1. It must be shown that all administrative remedies
prescribed by law or ordinance have been
exhausted
2. The administrative decision may be properly
annulled or set aside only upon clear showing that
the administrative official or tribunal has acted
without or in excess of jurisdiction, or with grave
abuse of discretion.

1. Labor relations proceedings

2. Judgments based on prohibited or null and void
contracts
3. AA exercise of its administrative powers
Chapter 6 Judicial Review
An administrative Decision may be appealed to the courts
of justice only when:
1. The constitution permits
2. The law permits
3. The issues to be reviewed involve questions of
law
*it is generally true that purely administrative and
discretionary functions may not be interfered with by the

2 doctrines in Judicial review

1. Doctrine of Primary Jurisdiction or prior resort
*the courts will not interfere in matters which are
addressed to the sound discretion of the government
agency entrusted with the regulation of activities coming

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under the special and technical training and knowledge of

such agency.
Meaning: the determination of administrative
questions which are ordinarily questions of fact, by
administrative agencies rather than courts of justice.
Sherwill development corporation vs Sitio Sto Nino
the doctrine of primary jurisdiction applies where a claim
is originally cognizable in the courts, and comes into play
whenever, under a regulatory scheme, have been placed
within the special competence of an administrative body;
in such case the judicial process is suspended pending
referral of such issues to the administrative body for its
view. And in such cases, the court cannot arrogate unto
itself the authority to resolve a controversy, the
jurisdiction of which is initially lodged with an
administrative body of special competence.

Garcia vs CA-under the DEAR , recourse through court

action cannot prosper until after all such admin remedies
would have first been exhausted. The doctrine does not
warrant a court to arrogate unto itself the authority to
resolve or interfere in a controversy, the jurisdiction over
which is lodged initially with an AA of special competence.
When the adequate remedy may be had within
the Exec Dept but a litigant fails or refuses to avail himself
of the same. The judiciary shall decline to interfere. The
traditional attitude of the courts is based not only on
convenience but likewise on respect, convenience of
party litigant, and respect for a co-equal office in the govt.
Reasons for the DEAR
1. The administrative superiors, if given the
opportunity, can correct the errors committed by
their subordinates
2. Courts should as much as possible refrain from
disturbing the findings of administrative bodies in
deference to the doctrine of separation of powers
3. On practical grounds, it is best that the courts,
which are burdened enough as they are with
judicial cases, should not be saddled with the
review of administrative cases
4. Judicial review of administrative cases is usually
effected through special civil actions or certiorari,
mandamus and prohibition, which are available
only if there is no other plain, speedy and
adequate remedy.

GMA vs ABS CBN- while its true that the regular

courts are possessed of general jurisdiction over actions
for damages. It would nonetheless be proper for the
courts to yield its jurisdiction in favor of an administrative
body when the determination of underlying factual issues
requires the special competence or competence or
knowledge of the latter
*where 2 AA share concurrent jurisdiction with respect to
a particular issue, the settled rule is that the body or
agency that first takes cognizance of the complaint shall
exercise jurisdiction to the exclusion of the others. The
second case filed should be dismissed on the ground of
forum shopping.
GSIS vs CSC jurisdiction when the law bestows upon a
govt body the jurisdiction to hear and decide cases
involving specific matters, it is to be presumed that such
jurisdiction is exclusive, unless it be proved that another
body is likewise vested with the same jurisdiction, in
which case, both bodies have concurrent jurisdiction over
the matter

Underlying principle: rest on the presumption that the AA,

if afforded a complete chance to pass upon the matter,
will decide the same correctly
Paat vs CA Exception to DEAR

When is Primary Jurisdiction not applicable?

-

AA not in exercise of its quasi-judicial functions

What is assailed is the validity or constitutionality
of a rule or regulation issued by the AA

2. Doctrine of Exhaustion of Admin remedies

(DEAR)
Meaning: an administrative decision must first be
appealed to the administrative superiors up to the highest
level before it may be elevated to a court of justice of
review.

2E Administrative Law Notes Darling Sapphire Hefti (2013-2014)

1. When there is a violation of due process

a. Municipality of La Trinidad vs CFI baguio
the averments indisputably make out a
legal question that is properly addressed
to a regular court of justice rather to an
administrative agency
2. When the issue involved is purely legal
3. When the administrative action is patently illegal
amounting to lack or excess of jurisdiction
a. Laganapan vs Asedillo a mayor who
summarily dismissed an employee
without any semblance of compliance or
even attempt to comply with the
elementary due process.
4. When there is estoppel on the part of AA
concerned
a. Tan vs Veterans Backpay Commission- the
admin body is in estoppel to invoke the
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5.

6.

7.
8.
9.

10.

11.
12.

13.

rule on DEAR considering that in its

resolution. It declared that the opinions
of the Sec of justice were advisory in
nature, which may either be accepted or
ignored by the officer seeking the
opinion, any aggrieved party has the court
for recourse, thereby leading the
petitioner to conclude that only final
judicial ruling in her favor would be
accepted by the commission.
When there is irreparable injury
a. De lara vs Cloribel the rule is
inaaplicable if it should appear that an
irreparable damage and injury will be
suffered by a party if he should await
before taking court action
When the respondent is a department secretary
whose acts as an alter ego of the president bears
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 the
claim
When the subject matter is a private land in land
case proceedings
a. Tiangco vs Lauchang the constested land
was not part of the public domain but of
private ownership acquired by the
government for resale to private persons,
any aggrieved party, such as the one
claiming the preferential right to buy the
lot could bring an action in court without
the need for DEAR
When the rule does not provide a plain, speedy
and adequate remedy
a. National Development Co vs Collector of
CustomsWhen there are circumstances indicating the
urgency of judicial intervention
When the claim involve is small (not part of
PAAT doctrine)
a. Cipriano vs Marcelino-to require the
petitioner to go all the way to the
president of the Philippines on appeal in
the matter of the collection of the small
total of 949.00 would not only be
oppressive but would be patently
unreasonable
When strong public interest is involved (not part
of PAAT doctrine)
a. Arrow Transportation Corporation vs BOT
- the court was impelled to go into the
merits of the controversy at this stage,

not only because of the importance of the

issue raised but also because of the
strong public interest in having the matter
settled
14. In quo warranto proceedings (not part of PAAT
doctrine)
a. Corpus vs Cuaderno- while it may be
desirable that admin remedies by 1st
resorted to, no one is compelled or bound
to do so. As said remedies neither are
prerequisite to nor bar the institution of
quo warranto proceedings.
15. When issues submitted have became moot and
academic (not part of PAAT doctrine)

It has been held however that the doctrine need not be

observed when not expressly required by law or when the
statute providing for the admin remedy is merely
permissive
DEAR applies only where there is an express legal
provision requiring such administrative step as a condition
precedent to taking action in court
Appeal to the President
AO no 18 series of 1987 sec 7 appeals to the office of
the presidents allows second motions for
reconsideration in exceptionally meritorious cases
Admin Circular 1-95 of the SC- appeals from judgments or
final orders of the office of the president may be taken to
the CA.
Carpio vs the executive secretary
Heart of the meaning of the chief executive- the power of
control- is 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.
Doctrine of Qualified Political Agency - which recognizes
the establishment of a single executive. All executive and
administrative organizations are adjuncts of the Exec
dept. the heads of the various executive depts. are
assistants and agents of the chief executive, and, except
in cases where the chief executive is required by the
constitution or law to act in person or the exigencies of
the situation demand that he act personally, the
multifarious executive and administrative functions of the
chief executive are performed by and through the
executive departments, and the acts of the secretaries of
such departments, performed and promulgated in the
regular course of business are unless disapproved or

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reprobated by the chief executive presumptively

the acts of the chief executive.
Effect of Non compliance
Does not affect the jurisdiction of the court
The only effect of non-compliance with this rule is that it
will deprive the complainant of a cause of action, which is
a ground for motion to dismiss. If not invoked at the
proper time, this ground is deemed waived and the court
can take cognizance of the case and try it
Should be raised at the earliest possible time
Forum shopping exist when both actions involve the
-

Same transaction
Same essential facts and circumstances
Raise identical cause of actions, subject matter
and issues

The court has discretion to require the observance of the

doctrine and may, if it sees fit, dispense with it and
proceed with the disposition of the case
Reviewable questions
1. Questions of Facts review of the administrative
decision lies In the discretion of the legislature
which may or may not permit.
- When the doubt or difference arises as to the
truth or the falsehood of the alleged facts.
- Findings of facts by AA, following a hearing are
binding upon the courts and will not be disturbed
except when the board or official has gone
beyond his statutory authority, exercised
unconstitutional powers or clearly acted
arbitrarily and without regard to his duty or with
grave abuse of discretion
- Grave abuse of Discretion- when there is
capricious and whimsical exercise of judgment as
is equivalent to lack of jurisdiction, or when the
power is exercised in an arbitrary or despotic
manner by reason of passion, prejudice, or
personal hostility, or to a virtual refusal to
perform the duty enjoined, or to act at all in
contemplation of law.
GR: AA findings of fact on matters falling under their
jurisdiction are generally accorded respect, if not
finality
Reason: by reason of the special knowledge and
expertise of said AA over matters falling under their
jurisdiction. They are in a better position to pass
judgment thereon.
2E Administrative Law Notes Darling Sapphire Hefti (2013-2014)

Exception:
1. When the findings are grounded entirely on
speculations, surmises or conjectures
2. When the inference made is manifestly mistaken,
absurd or impossible
3. When there is grave abuse of discretion
4. When the judgment is based on misapprehension
of facts
5. When the finding if facts are conflicting
6. When in making its findings, the CA when beyond
the issues of the case of its findings are contrary
to the admission of both the appellant and the
appellee
7. When the findings are contrary to the trial court
8. When the findings are conclusions without
citation of specific evidence on which they are
based
9. When the facts set forth in the petition as well as
in the petitioners main and reply briefs are not
disputed by respondent
10. When the findings of facts are premised on the
supposed absence of evidence and contradicted
by the evidence on record
11. When the CA manifestly overlooked certain
relevant facts not disputed by parties, which if
properly considered, would justify a different
conclusion.
The findings of Facts of AA should be respected so
long as they are supported by substantial evidence,
even if such evidence might not be overwhelming or
even preponderant.
Atlas Consolidated Mining Development Corp vs
Factoran - the reviewing court cannot re-examine the
sufficiency of the evidence as if originally instituted
therein, and receive additional evidence, that was not
submitted to the AA concerned.
2. Questions of Law the administrative decision
may be appealed to the courts of justice
independently of legislative permission or even
against legislative prohibition
- There is question of law when the doubt or
difference arises as to what the law is on a certain
state of fact
When an AA renders an opinion or issues a statement
of policy, it merely interprets a pre-existing law and
the administrative interpretation is at best advisory
for it is the courts that finally determine what the law
is.
The courts may and will with more freedom, annul
administrative interpretations of law and substitute
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their own reading of the statute under consideration

if they believe it has not been correctly applied.

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