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Considering that the questioned regulation would affect the substantive rights of
respondent as explained above, it therefore follows that petitioners should have
applied the pertinent provisions of Book VII, Chapter 2 of the Revised Administrative
Code, to wit:
Section 3. Filing. (1) Every agency shall file with the University of the Philippines
Law Center three (3) certified copies of every rule adopted by it. Rules in force on the
date of effectivity of this Code which are not filed within three (3) months from that
date shall not thereafter be the bases of any sanction against any party of persons.
DADULO vs. CA
Well-settled is the rule that procedural laws are construed to be applicable to actions
pending and undetermined at the time of their passage, and are deemed retroactive in
that sense and to that extent. As a general rule, the retroactive application of
procedural laws cannot be considered violative of any personal rights because no
vested right may attach to nor arise therefrom.
LUPANGCO vs. CA
DUE PROCESS
SANTIAGO vs. Alikpala
First requirement of procedural due process, namely, the existence of the court
or tribunal clothed with judicial, or quasi-judicial, power to hear and determine
the matter before it.
There is the express admission in the statement of facts that respondents, as a court-
martial, were not convened to try petitioner but someone else, the action taken against
petitioner being induced solely by a desire to avoid the effects of prescription; it
would follow then that the absence of a competent court or tribunal is most marked
and undeniable. Such a denial of due process is therefore fatal to its assumed
authority to try petitioner.
NDC vs. Collector of Customs
Even in admin proceeding due process must be observed.
We find this action proper for it really appears that petitioner Rocha was not given an
opportunity to prove that the television set complained of is not a cargo that needs to
be manifested as required by Section 2521 of the Tariff and Customs Code. Under
said section, in order that an imported article or merchandise may be considered a
cargo that should be manifested it is first necessary that it be so established for the
reason that there are other effects that a vessel may carry that are excluded from the
requirement of the law, among which are the personal effects of the members of the
crew. The fact that the set in question was claimed by the customs authorities not to be
within the exception does not automatically make the vessel liable. It is still necessary
that the vessel, its owner or operator, be given a chance to show otherwise. This is
precisely what petitioner Rocha has requested in his letter. Not only was he denied
this chance, but respondent collector immediately imposed upon the vessel the huge
fine of P5,000.00. This is a denial of the elementary rule of due process.
FABELLA vs. CA
In administrative proceedings, due process has been recognized to include the
following: (1) the right to actual or constructive notice of the institution of
proceedings which may affect a respondents legal rights; (2) a real opportunity to be
heard personally or with the assistance of counsel, to present witnesses and evidence
in ones favor, and to defend ones rights; (3) a tribunal vested with competent
jurisdiction and so constituted as to afford a person charged administratively a
reasonable guarantee of honesty as well as impartiality; and (4) a finding by said
tribunal which is supported by substantial evidence submitted for consideration
during the hearing or contained in the records or made known to the parties affected.
In the present case, the various committees formed by DECS to hear the
administrative charges against private respondents did not include a representative of
the local or, in its absence, any existing provincial or national teachers organization
as required by Section 9 of RA 4670. Accordingly, these committees were deemed
to have no competent jurisdiction. Thus, all proceedings undertaken by them
were necessarily void. They could not provide any basis for the suspension or
dismissal of private respondents. The inclusion of a representative of a teachers
organization in these committees was indispensable to ensure an impartial tribunal. It
was this requirement that would have given substance and meaning to the right
to be heard. Indeed, in any proceeding, the essence of procedural due process is
embodied in the basic requirement of notice and a real opportunity to be heard.
Technical rule of procedure are not strictly enforced and due process of law in the
strict judicial sense is not indispensable. It is sufficient that substantive due process
requirement of fairness and reasonableness be observed.
RES JUDICATA
Applying the principle of res judicata or bar by prior judgment, the present
administrative case becomes dismissible.
The Court held that applied the principle of res judicata or bar by prior judgment.
Under the said doctrine, a matter that has been adjudicated by a court of competent
jurisdiction must be deemed to have been finally and conclusively settled if it arises in
any subsequent litigation between the same parties and for the same cause. It provides
that a final judgment on the merits rendered by a court of competent jurisdiction is
conclusive as to the rights of the parties and their privies; and constitutes an absolute
bar to subsequent actions involving the same claim, demand, or cause of action. Res
judicata is based on the ground that the party to be affected, or some other with whom
he is in privity, has litigated the same matter in the former action in a court of
competent jurisdiction, and should not be permitted to litigate it again. This principle
frees the parties from undergoing all over again the rigors of unnecessary suits and
repetitious trials. At the same time, it prevents the clogging of court dockets. Equally
important, res judicata stabilizes rights and promotes the rule of law.
While the present case and the administrative case are based on the same essential
facts and circumstances, the doctrine of res judicata will not apply.
There is no identity of causes of action in the cases. While identity of causes of action
is not required in the application of res judicata in the concept of conclusiveness of
judgment, it is required that there must always be identity of parties in the first
and second cases.
Rate-fixing is a legislative function which concededly has been delegated to the SEC
by R.A. No. 3531 and other pertinent laws. The due process clause, however, permits
the courts to determine whether the regulation issued by the SEC is reasonable
and within the bounds of its rate-fixing authority and to strike it down when it
arbitrarily infringes on a persons right to property.
Partakes of the nature of a quasi-judicial function and that having been issued
without previous notice and hearing said order is clearly violative of the due
process clause, and, hence, null and void.
Under the doctrine of primary administrative jurisdiction, courts will not determine a
controversy where the issues for resolution demand the exercise of sound
administrative discretion requiring the special knowledge, experience, and services of
the administrative tribunal to determine technical and intricate matters of fact.
In other words, if a case is such that its determination requires the expertise,
specialized training, and knowledge of an administrative body, relief must first be
obtained in an administrative proceeding before resort to the court is had even if the
matter may well be within the latter's proper jurisdiction.
The objective of the doctrine of primary jurisdiction is to guide the court in
determining whether it should refrain from exercising its jurisdiction until after an
administrative agency has determined some question or some aspect of some question
arising in the proceeding before the court.
The doctrine of primary jurisdiction would ordinarily preclude us from resolving the
matter, which calls for a ruling to be first made by the Board. It is the latter that is
vested by law with exclusive and original jurisdiction to settle any dispute arising
under RA 8291, as well as other matters related thereto.
However, both the GSIS and respondents have extensively discussed the merits of the
case in their respective pleadings and did not confine their arguments to the issue of
jurisdiction. Respondents, in fact, submit that we should resolve the main issue on the
ground that it is a purely legal question. Respondents further state that a remand of
the case to the Board would merely result in unnecessary delay and needless
expense for the parties.
There is a question of law when the doubt or difference arises as to what the law is on
a certain state of facts, and not as to the truth or the falsehood of alleged facts. Said
question at best could be resolved only tentatively by the administrative authorities.
The final decision on the matter rests not with them but with the courts of justice.
EXEMPTION
REPUBLIC vs. CARLITO LACAP
Petitioner is not asking for the reversal of the policies of PCST. Neither is she
demanding it to allow her to take her final examinations; she was already enrolled in
another educational institution. A reversal of the acts complained of would not
adequately redress her grievances; under the circumstances, the consequences of
respondents' acts could no longer be undone or rectified.
Second, exhaustion of administrative remedies is applicable when there is competence
on the part of the administrative body to act upon the matter complained of.
Administrative agencies are not courts; they are neither part of the judicial system, nor
are they deemed judicial tribunals. Specifically, the CHED does not have the power to
award damages. Hence, petitioner could not have commenced her case before the
Commission.
Third, the exhaustion doctrine admits of exceptions, one of which arises when the
issue is purely legal and well within the jurisdiction of the trial court. Petitioner's
action for damages inevitably calls for the application and the interpretation of the
Civil Code, a function that falls within the jurisdiction of the courts.
pinoylawblog.blogspot.com/2013/04/up-civil-law-reviewer.html
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