POLITICAL LAW
ADMINISTRATIVE LAW
- extension of Constitutional 1 — the national government, the interaction of the
three branches of the government
- extension of the national government particularly the executive branch of the
government. In the executive branch, the level of the chief executive (in the guise
of the president) is discussed and his alter egos under the qualified political
agency doctrine or alter ego doctrine. It is an extension of such executive branch
because it deals with the agencies below it. This line agencies are divided into
bureaus or if not bureau, an office, commission, board, authority, etc. They may
belong to the agency or attached to the agency for purposes of budgeting and
general supervision by the executive.
ADMINISTRATIVE AGENCIES
Definition: not courts, not legislative bodies but they are given powers related to
these bodies which are quasi-legislative and quasi-judicial.
- not courts because administrative agencies belong to the executive branch of the
government and perform executive functions/power and administrative functions
while the court perform judicial powers
- they are not legislative bodies like Congress and sanggunians because these
Congress and sanggunians perform legislative functions
- although they do not belong to the court or to the legislative body, they are given
powers similar to these bodies which are Quasi-legislative and Quasi-judicial
powers
- Administrative bodies are created precisely to assist the President in implementing,
carrying out, enforcing the law.
In the creation of administrative bodies, what must be observed is not only due
process but also equal protection of the law clause.
★ Illustrative Example:
When Ninoy Aquino created the Philippine Truth Commission, its creation was
assailed on the ground of denial of equal protection of the law.
Reason: the purpose of creation is to investigate only the previous
administration, so GMA was singled out. Hindi sana ini-specify. SInabi sana
doon “to investigate all past presidents” tapos kahit i-concentrate lang nila
kay GMA, makakalusot 'yun. Pero if on paper, andudoon, three times pa, that
the main purpose is to investigate only the previous administration, then that
would amount to violation of equal protection clause.
MODES OF CREATION
Three Modes on How Administrative Agencies are Created:
1) BY PROVISIONS OF THE CONSTITUTION
- not limited to COA, COMELEC, and CSC; but also CHR, Omb
- the highest administrative agency created under the Constitution is the
Office of the President under Article VII
• Implication if the administrative agency is created by the Constitution
- it cannot be abolished by Congress through a mere enactment of a statute
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ADMINISTRATIVE LAW NOTES
- kaya nung sinabi ni Pantaleon Alvarez, ‘i-didisolve namen ung CHR’, *laughs*
pero when i was having my haircut earlier this morning I was reading the
newspaper ni-retract na pla nya un. Inamin nya na the Congress cannot
abolish a constitutionally created body.
• How will you abolish a constitutionally created body?
- not by law but by constitutional amendment
1) BY A STATUTE
- most administrative agencies are created through this mode
- eg. RA, Presidential Decree
• Implication if the administrative agency is created by a statute
- the same can be abolished by Congress through law
- kaya si Pantaleon Alvarez again, ang sabi nya “We will abolish the Court
of Appeals who issued the TRO” TRO ba yung inissue? Of course, Congress
can abolish the CA because it is a law that created the CA. Pero
nakalimutan ni Alvarez yung limitations of the power to abolish the
judiciary under Article VIII, that it must not impair the security of tenure of
the justices. Did you get it? That is the limitation, right?
2) BY AUTHORITY OF THE LAW
- the one authorized is the President who is authorized by the Administrative
Code
- there is a provision in Administrative Code authorizing the President to create,
establish offices within the Office of the President. So, it can be done through
mere executive issuances
• Implication if the administrative agency is created by the President
- the same can abolish by the President
★ Illustrative example: Buklod ng mga Kawani ng EIIB v. Zamora
- President Erap issued an executive order abolishing the EIIB kaya
ngreklamo yung mga empleyado kasi mawawalan sila ng…? — never
mind the job kasi drop in a bucket lang ang income nila dun.
Mawawalan sila ng delihenxa, right? kaya inabolish ni Erap yan,
pinalitan nya ng Task Force. Kaya lng nag-buklod sila and they
questioned the power of Erap to abolish the EIIB
- SC’s Decision: kayong mga petitioners, you did not do your assignment.
Ang akala ninyo the EIIB was created by law — No!. It was created by
the President and therefore, the President can abolish the same
because the power to create carries with it the power to abolish. Kaya
petition dismissed. The President can also abolish an agency which he
has created.
Two Special Powers of Administrative Agencies
1) Quasi-legislative Power / Rule-making Power
2) Quasi-judicial Power / Adjudicatory Power
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POLITICAL LAW
QUASI-LEGISLATIVE POWER / RULE-MAKING POWER
- the power to promulgate rules and regulations
• Two Kinds of Rules that can be promulgated by administrative agencies
LEGISLATIVE RULES INTERNAL OR INTERPRETATIVE RULES
- has the force and effect of a law - it has no force and effect of law
Implication: it requires publication to Implication: No publication required.
satisfy the requirement of due process
★ Illustrative Example: Pharmaceutical Case
• Ultimate question ask during bar examinations: The petitioners question the rules
promulgated by the administrative agency because it was not publish in violation
of their right to due process. How will you decide on that? How will you attack the
problem?
First thing to do determine whether the rule is a legislative rule or interpretative
rule.
How? (because the examiner will not tell you that such is a legislative rule or
interpretative rule — No! Maiinsulto intelligence nyo, right?)
Tool of Analysis or Tool to Determine
- if the rule and regulation will affect the rights of the general public, then, it
is a legislative rule and therefore it requires publication
- if the rule does not affect the right of the general public but only the
employees of a particular agency of the government, then, it is an
internal rule or an interpretative rule which does not require publication
REQUISITES FOR THE VALIDITY OF A LEGISLATIVE RULE
1) IT MUST BE ISSUED UNDER AUTHORITY OF LAW; THERE MUST BE A LAW AUTHORIZING
IT
- these rules are in the nature of IRR or implementing rules and regulations
- there must be a law authorizing the legislative agency to issue the IRR which
is found in the law itself
eg: towards the end of Election Code, the COMELEC is directed to
promulgate rules and regulations to implement the provision of the Omnibus
Election Code within 90 days
eg: towards the end of the Local Government Code, there is a similar
provision directing the DILG to promulgate rules and regulation to implement
the provisions of the LGC within 90 days
- No law, no IRR.
★ Illustrative Example: Ople v. Torres
- President Ramos attempted to impose a National ID System by issuing
an administrative order. Senator Ople questioned such arguing, “Rules
and regulations must be promulgated under the authority of the law.
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ADMINISTRATIVE LAW NOTES
Mr. President where is the law?” Yun pala the law and the IRR Ramos
made are rolled into one — 2-in-1, right? Can that be done? — No!
Under the separation of powers, it is the Congress who can make the
law and it is the President who implements it.
- Ruling: There must be a law authorizing the issuance of the IRR. The law
and the IRR cannot be rolled into one because under the doctrine of
separation of powers, Congress makes the law and the President
implements it.
- The Philippines is a member of the WHA, the World Health Association, a
private international organization. The WHA came out with a resolution
prohibiting the promotion and advertisement of breastmilk substitute
(eg: infant formula). The Philippines is a signatory to such resolution.
Kaya anong ginawa ni Health Secretary? Nag-issue siya ng IRR to
implement the resolution. Kaya quinestion ito ng pharmaceutical
group, yung mga manufacturer, importers ng infant formula, right? Kasi
kung may pagbawal ng promotion at advertisement, what happens to
their sales? - bababa. What happens to their revenue? — bababa.
Ultimately, what happens to their profit? — bababa. That’s why they
did not take it sitting down, “we have to question the validity to this
one”. So, they hired an expert. How did the expert attack the problem?
— tulad din sa Ople Case, “Mr. DOJ Secretary, where is the law that
your IRR is trying to implement.” “Yung WHA resolution!” “Bakit, law ba
yun?” “Yes!, sabi nya, “it has become a law under the doctrine of
incorporation.”
- SC disagreed: Incorporation as a mode where principles of
international law will become a part of the law of the land covers only
GAPL — only generally accepted principle of international law, not all
kinds of international law can be part of the law of the land by
incorporation and the WHA Resolution is not a GAPL. That’s why it
cannot become a part of the law of the land through incorporation.
- In fact the Supreme Court even went on there, even the mode of
transformation, where an international law becoming a principle of
domestic law, cannot apply. Transformation can be of two kinds: First,
under a treaty clause. Even under the transformation through a treaty
clause cannot make it a part of the law of the Philippines. Reason: The
WHA resolution is not a treaty that is ratified by the President with
concurrence of the Senate. So, even under the 2nd mode, submode. It
is true that we have the Milk Code enacted by Congress but you
cannot find any provision under the Milk Code prohibiting
advertisement and promotion of breastmilk substitute. So, walang
basehan ung IRR mo, walang law na iniimplement and therefore, it was
nullified by the SC. To the pharmaceuticals group, happy days are here
again.
- Ruling: An IRR cannot be based on: (1) an international law which is not
a GAPL or (2) a resolution which is not a treaty. An IRR which does not
implement any law is null and void.
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POLITICAL LAW
2) MUST CONFORM AND NOT CONTRAVENE STATUTES AND EVEN THE CONSTITUTION
• DOCTRINE OF HIERARCHY OF LAWS
There are three levels of laws, the highest is the Constitution, the
second highest are statutes, and the lowest are known as the
subordinate legislation like administrative rules and regulations and
local ordinances
- a lower law cannot amend a higher law
eg: Congress cannot amend the Constitution; in like manner, an
administrative statute cannot amend a statute which is a higher in rank
★ Illustrative example: Boie-Takeda Chemicals, Inc v. De la Serna
- A law was enacted. It was the original 13th Month Pay Law requiring all
private employers to give in addition to their regular pay what we call
13th month pay. Under the same law, there is a formula on how to
compute the 13th month pay, that is, to total all the basic salary in a
given calendar year from January to December divided it by 12. Under
that 13th Month Pay Law, there is an authority of law to promulgate
rules and regulations. Second to the last part thereof says “the DOLE is
hereby directed to promulgate rules and regulations to implement the
provisions of this 13th Month Pay Law. So, the DOLE complied. It
enacted an IRR to implement the 13th Month Pay Law pero anong
ginawa sa 1st version? — binago nya ung formula nung computation.
Bakit? — hnd lang basic, dinadagdag pa commission, dinadagdag pa
bonus, kaya pag tinotal mo yun divided by 12, lalaki ung 13th Month
Pay! What if you have thousands of employees, meaning to say,
additional na ibabayad mo sa empoyees mo, right? So, quinestion ito
ng isang employer, right. Anong reason nya? — the legislative rule
being a subordinate legislation amended the law which is true!
3) IT MUST BE REASONABLE
- meaning to say not UEOC: Unjust, Excessive, Oppressive, Confiscatory, and
therefore reasonable
4) LEGISLATIVE RULES MUST BE PROMULGATED OBSERVING DUE PROCESS OF LAW
- because any exercise of governmental powers will affect the rights of
people, very fundamental yan. So, when an administrative agency exercises
power, whether quasi-legislative or quasi-judicial, it must observe the
rudiments of due process.
DUE PROCESS IN RULE-MAKING/PROMULGATION OF RULES
- there is due process before promulgating, there is due process during the
promulgation, there is due process after promulgation
a) Due Process Before Promulgation: Public Hearing/Public Consultation
- pero ang tunay at totoong katagang ginamit sa batas mismo ay hindi po
public hearing, hindi po public consulation kundi PUBLIC PARTICIPATION na
ang ibig sabihin ay public hearing or public consulation. So, you can use the
terms interchangeably
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ADMINISTRATIVE LAW NOTES
b) Due Process During the Promulgation: Observe the procedure in promulgating
rules
- if the administrative agency is collegial body, who should promulgate the
rules? — it should be the whole board, whole commission and not only the
chairman.
- maraming issuance ang CHED in the past questioned as invalid. Reason: it
was proven that they were mere issuances by the chairman and not by the
whole board. The power to exercise quasi-legislative is not vested in
the Chairman alone; it is vested in the collegial body, in the whole
board. Did you get it? Kaya madaming nainvalidate, right?
★ Illustrative example:
I knew the petitioner who questioned the constitutionality, not only
of the Philsat, ang lumalabas lang sa newspaper Philsat lang ang
quinequestion — No! I have a copy of the petition forwarded to by one
of the petitioners, right? Classmate ko sa college yung isa cumlaude
graduate sa college, right? Na polsci din, right? Who became the
topnotcher in the bar exams, right? No. 2. Ang quinequestion namen
not really the PhilSat, side issue lang yun. Ang talagang qinuequestion
namen ay yung creation of the Legal Education Board who issued the
PhilSat requirement because we believe that it is the Supreme Court not
the LEB who has the authority. Why the Supreme Court? — because
nasa Constitution yun — admission to the bar and legal education is a
requisite to the bar. Yun ang main point nila. Side issue lang yung
PhilSat pero ang lumalabas sa media yung PhilSat lng, right? So, if the
one who created and imposed the PhilSat is invalid, the PhilSat will also
be invalid pero hindi pa inaksyunan ng Supreme Court. It was filed
before the Holy Week daw pero hanggang ngayon, wala pang
action, right? So, of course, the retired Chairman of the LEB, Retired
Justice Aquino invited me also to be member of the Board pero I did
not give it a serious thought. Then, lately I was also invited by the new
LEB Chairman kasi kasama kong Dean yun noon, dean ng Aquinas
University. So, he invited me lately. Hindi ko pa sinasagot, right?
Because I have made up may mind na hindi na tanggapin, right? Even
before I came to know of the petition, right? I made up my mind kaya
hindi ko na siya sinagot. Reason: Magiging Manila based na ako, right?
Eh ngayon nga, weekend-based ako outside Baguio because of the
review. Anyway 6 months lang yun, three days a week ko lng dito,
tuesday, monday, thursday. Friday, saturday, sunday, monday, out ako
plus the travel time. Eh malaking impact na sa pamilya ko yun sinong
maghahatid nung anak ko sa iskul. So, I will be missing my family every
weekend. Eh kung Manila-based ka, whole year ka duon, right? But the
greater reason is I will be disqualified to teach in law school and review
centers because they are under the supervision of the LEB. There will
now be a conflict of interest. Yun lang ang hindi ko matanggap, right?
Because teaching is my first love. In fact, I’m a teacher who happens
to be a lawyer. I love the academe. So, I intend to remain in the
academe until my last breathe. Quinequestion pa pala yung creation
ng LEB dahil yung rules promulgated imposing the PhilSat, there were
only two commissioners who signed and as a collegial body, who
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POLITICAL LAW
apply the rule of the authority. Because at that time madaming pang
bakante, ngayon dalawa na lang ang bakante — no takers. Probably
they may have the same reason hindi na sila makapagturo. So, valid
ba yun, naobserve ba yung majority vote, wala. So, yun din yung isang
argument ng petitioners declaring the PhilSat invalid, right? — there
were only two commissioners who signed imposing it.
a) Due Process After Promulgation: (1) Publication & (2) Filing of 3 Certified
True Copies with the UP Law Center which is our acting national
administrative register kasi wala pa tayong national administrative
register. Under the law, dinesignate lang yung UP Law Center as the
acting national administrative register.
• Where must it be published?
- Under Article 8 of the Constitution, in the Official Gazette or in a
newspaper of general circulation.
• What if it is merely published in the website? Is there a valid publication?
- No. Publication in the website is not the one contemplated under
Article 8 [Neri v. Senate Committee on Accountability of Public
Officers and Investigations]
• What must be published? — the administrative rule
• In what form? — Full Text, hindi pwedeng title lang or gist lang
*Tandaan ninyo ang pinakaimportanteng Due Process, palaging
tinatanong sa bar exams yung—After the promulgation and there are
two of them (1)Publication & (2) Filing
• Bar Question: What is the effect if the IRR was not published — no
publication, no filing?
- the rule will become UNENFORCEABLE, it cannot be a source of right,
it cannot be a source of obligation; as if there is no rule
• Administrative Rules with Penal Santions (2 Additional Requisites)
5) THE LAW MUST DECLARE THE ACT IN THE ADMINISTRATIVE RULES AS ILLEGAL
• Who is the repository of the power to declare an act illegal?
- it is Congress, not administrative bodies
- For administrative bodies to declare the act illegal, that act must also have
been declared by law illegal
- In other words, if it is punishable under the rules, it must also be punishable
under the law
- If there is no law punishing an act, a rule cannot declare it as punishable
★Illustrative example: People v. Maceren
- The Fisheries Code defines illegal act of fishing: the use of obnoxious
substance like cyanide, the use of explosives like dynamite; the use of fine
nets, etc. Pero sa IRR, meron din yung mga yun pero may nadagdag pa
na wala sa batas — electro-fishing. Kaya si X was apprehended of
electro-fishing, kinasuhan for violation of the IRR. Eh magaling yung
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ADMINISTRATIVE LAW NOTES
abogado nya kaya na-acquit siya. Reason: it is not punishable by law, so
it cannot be made as illegal under the legislative rule.
6) The law must provide for the penalties
★ Illustrative example:
So, the first question that arose when Digong issued the EO prohibiting
smoking in public places. Ang first question that is raised is: Are there
penal provisions under the executive order? Even if there are penal
provisions, they are invalid. Reason: it is not the administrative agency
but Congress who should define the law illegal and who should provide
the penalty. Kaya in-eencourage nila yung local government units
through their sanggunian to enact an ordinance because an
ordinance is also a law. If the ordinance penalizes it and declares it
illegal, then, under the executive order, it is valid.
QUASI-JUDICIAL / ADJUDICATORY POWERS
- this is similar but not exactly the same with the function of the court under Article
VIII, Section 1 — referring to the power of the courts to settle actual controversies
involving rights that are legally demandable and enforceable. They perform a
similar function of settling controversies also but distinctions have to made
between administrative agency performing quasi-judicial on one hand and a
court performing judicial functions. Distinctions have to made ah kaya ang salita
at katagang ginamit ko ay similar clinarify ko pa not exactly the same.
- ALL administrative agencies can exercise quasi-legislative power.
- But NOT ALL administrative agencies can exercise quasi-judicial functions.
- Only those expressly granted powers to exercise quasi-judicial functions can
perform that power. (eg: COMELEC, LTFRB, HLURB)
- Even the Commission on Human Rights does not have quasi-judicial functions.
Investigatory lang yung CHR and recommendatory functions; it cannot
adjudicate.
- if an agency is granted such power, that is the only time he can exercise that
power but subject to the requisites of administrative due process.
- No express grant of the power, no exercise of that power.
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POLITICAL LAW
ADMINISTRATIVE AGENCY
DISTINCTIONS PERFORMING QUASI-JUDICIAL
FUNCTIONS
1. Composition - S i n g l i n g o u t C O M E L E C , - always a lawyer because the
majority including the
Chairman must be lawyers,
so only majority
- need not be lawyers but
must be experts in their own
respective fields (kaya eto
ung issue raised against kay
Faeldon ngayon, is he an
expert? lalo na customs
matter, technical pala yan,
may valuation, etc.
- but if you notice most
administrative agencies in
the Philippines are headed
by a lawyer — only in the
Philippines! That means you
are given a wide
opportunity for employment,
once you become a lawyer
2. Functions - can perform a variety of - purely judicial [In Re: Manzano]
functions: quasi-legislative,
quasi-judicial; administrative
- but all these are geared
towards regulation. They are
given these powers as
regulatory powers. It is not
the end itself but the end of
the exercise of those powers
is for purposes of regulation
3. Procedure - p r o m u l g a t e d b y t h e - promulgated by SC
(most important administrative body itself
distinction) - this explains why there are
as many rules of procedure
as there are administrative
bodies because each
administrative bodies is
empowered to create their
own rules and regulation
- liberal interpretation; liberal - general rule: Strict
4. Interpretation
- they are governed by a strict rule
of rules application of the rules
- that’s why administrative
bodies are allowed even to - Can an RTC Judge suspend the
suspend their own rules para
maexpedite lang yung
proceedings
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COURTS PERFORMING JUDICIAL FUNCTIONS
requirement of the constitution
they must be members of the Bar
they cannot perform
administrative; they cannot
perform quasi-judicial, except SC
when they act as PET
on evidence
Rules of Court? — No! He will be
the one who will be
suspended! :D
ADMINISTRATIVE LAW NOTES
TWO STAGES IN THE EXERCISE BY ADMINISTRATIVE AGENCIES QUASI-JUDICIAL
FUNCTIONS
1. THE INVESTIGATION STAGE
- merely ministerial
- thus, it can be delegated usually to hearing officers to do the investigation
(legwork)
- eg: issuance of summons or subpoena; administering an oath; reception of
evidence; marking of evidence
- Reason for being delegable: Doctrine of Sub-delegation of Authority
2. THE DECISION-MAKING STAGE/ ADJUDICATORY PROPER
- involves the use of discretion; discretionary
- therefore, cannot be delegated; it must be performed by the public officer
upon whom the power to decide is reposed
In the exercise of an administrative quasi-judicial function, dito na papasok yung
administrative due process…
TWO ASPECTS OF ADMINISTRATIVE DUE PROCESS
1. PROCEDURAL
a) NOTICE
- need not always be actual, it can also be constructive notice
- of what? — notice of the institution of the administrative proceedings
against a person or entity
b) HEARING
• Two categories/levels
(1) GR: MERE OPPORTUNITY TO BE HEARD
- does not require trial-type hearing or formal type hearing
- it involves only the submission of pleadings like position paper,
memoranda
- limitations: deprive of the right to cross-examine the witness of the
one who accused you
- does not even include the right to have a lawyer
(2) EXC: TRIAL-TYPE OR FORMAL INVESTIGATION TYPE of Hearing may be
conducted
- similar to that of the courts but they are not govern by technical rules
on evidence
- covered: (tatlo pa lang ang required)
(a) discipline of those in the career service employees
(b) discipline of local government officials (elective)
(c) disbarment proceedings
- includes the right to have a lawyer, to subpoena witness and
evidences
2. SUBSTANTIVE/SUBSTANTIAL
a) there must be a tribunal which has the following characteristics: COMPETENT
AND IMPARTIAL
- Tribunal with competent jurisdiction as conferred by law and not by
agreement of the parties
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POLITICAL LAW
• Can you raised the question of jurisdiction first time on appeal?
- Yes, except when you are under estoppel
- Impartial: If the only one who is deciding is partial, the remedy is a motion
to inhibit
b) A DECISION THAT IS SUPPORTED BY SUBSTANTIAL EVIDENCE
- GR: Substantial Evidence — those relevant evidence which a reasonable
mind might accept in order to support a conclusion
- although there is a new emerging quantum of evidence but the
application is not yet very wide — clear and convincing evidence — a
little higher than substantial but not same or higher than proof beyond
reasonable doubt
In relation to the exercise of Quasi-Judicial Function, there are certain issues…
OTHER ISSUES
1. POWER TO AWARD CLAIMS FOR DAMAGES
GR: Administrative agencies CANNOT award claims for damages
Reason: because claims for damages involves a legal question which is
resolved only by courts not administrative agencies
★ Illustrative Example:
- noong uso pa ang telegrama many years ago, nagpadala yung taga-
Baguio ng telegrama sa pinsan nyang nasa Mindanao “Insan, Saturday
dadating ako diyan. Pakimeet mo ako sa airport”. But for one reason or
another, the service provider failed to deliver the telegram. So nung
dumating xa, last trip pa, last flight, there is no pinsan na magsalubong
sa kanya, eh first time nya sa Zamboanga. So, natulog na xa sa airport,
right? Hindi na xa nakatulog actually kasi ang daming kagat ng lamok.
So, sleepless nights, wounded feelings, besmirched reputation,
shattered dreams…So anong ginawa nya? Nagpunta xa sa Board of
Communications at that time (now the NTC) and he filed a claim for
damages. Anong sabi ng Board, they do not have the power. “We can
suspend their franchise, we can revoke, but we cannot award
damages because award of damages involves a legal questions which
is a judicial functions which belongs to the court.”
EXC: The law so provides. The law expressly confers them the power.
Examples:
NLRC in labor cases
HLRUB (if there is a breach of contract between a subdivision developer and
a lot/condominium purchaser)
But I have learned lately that 2 cases of breach of contract one involving a
subdivision the other one a condominium unit were filed at the RTC. So,
tinanong ko ung Clerk of Court, “Louisian graduates ba yun?” — “No, sir. They
are not.” Kasi kung Louisian graduate, nag-under sa aken ang mga yan and
they know that the case is falling under the jurisdiction of the RTC but the
HLURB.
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ADMINISTRATIVE LAW NOTES
2. GRANT OF IMMUNITY FROM CRIMINAL AND CIVIL PROSECUTION
GR: Administrative agencies CANNOT grant immunity
Reason: because the power to grant immunity from criminal and civil
prosecution belongs to court
EXC: There is an express grant of the power by law.
Examples:
a) CHR — can grant immunity to those who will volunteer as witness in the
violation of human rights even if they are the violators themselves for as
long as they are the least guilty
b) PCGG — can grant immunity from civil and criminal prosecution in ill-
gotten wealth cases for those who will volunteer as witness even if they
are participants in the ill-gotten wealth acquisition for as long as they are
the least guilty
c) COMELEC — can grant transactional immunity to vote-buying cases
where the seller of the vote, the voter can testify against the vote-buyer
3. POWER TO ISSUE SUBPOENA
- available to administrative agencies even if their charter does not grant
them because there is a general grant coming from the Administrative
Code
4. POWER TO CITE IN CONTEMPT
- If there is no express grant by the law, it cannot be exercise because there is
not general grant under Administrative Code
- it can only be exercised by an administrative body if there is an express grant
by its own charter
Example of Agencies which has the power to cite in contempt:
- COMELEC because the Election Code expressly grants
- There are administrative agencies who do not even have quasi-judicial
power like CHR, like CDA and yet they are given the power to cite in
contempt because the law expressly grants them
• If an administrative agency is given the power to cite in contempt, in what
capacity can it cite a person in contempt?
- only pursuant to the exercise of their quasi-judicial functions, not
administrative function, not quasi-legislative function [expect this to come
out in your exam!]
★ Illustrative Example:
- The COMELEC cited Maestro BEI (Board of Election Inspector). Reason: He
did not obey/follow the rules in the distribution of ballots and other
election paraphernalia. Is the citation by the COMELEC in contempt of
Maestro valid? — No! because COMELEC was not performing quasi-
judicial functions. Distribution of ballots and election paraphernalia is not
Quasi-judicial, it is administrative function. The quasi-judicial function of
the COMELEC is that of deciding election protest. Then and only then can
it cite in contempt. Did you get it?
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POLITICAL LAW
• Suppose an administrative agency wanted to cite in contempt a person but its
charter does not grant that power. What remedy is available to the administrative
agency? Like the Insurance Commission, he does not have a power to cite in
contempt but it has quasi-judicial functions.
- the remedy there is to go to a court of general jurisdiction (RTC) and apply for
contempt para yung court na mismo ang magcite in contempt.
- That remedy is not only with respect to that contempt power, but also other
powers not granted to the administrative agency. Then he can petition the
court to do it for him.
5. RATE-FIXING/POWER TO FIX RATE
- It is the Congress who is the real repository of the power to fix rates through the
enactment of a law
- but it is the most commonly delegated power to agencies because rate-fixing is
technical in nature. Hindi kayang gawin ng Congress, with a lot of imbeciles
there, right? Kaya it is the most common delegated power to administrative
bodies who are experts in their respective fields
- When exercised by Congress, rate-fixing is in the nature of legislative
- When this power is delegated to the administrative agency, it becomes quasi-
legislative.
- BUT rate-fixing when exercised by an administrative body, can also become
quasi-judicial.
Importance of distinguishing Quasi-Legislative from Quasi-Judicial: the requirements
of due process are different
TOOL OF ANALYSIS ON DETERMINING WHETHER THE AGENCY PERFORMS QUASI-
LEGISLATIVE OR QUASI-JUDICIAL
Rule: if the order of the administrative agency applies only to one entity, it is
performing quasi-judicial and the requirements of due process is notice and hearing.
★ Illustrative example: Vigan Case (Landmark Case)
- Vigan Electric Company in the 1960’s. There was an order issued by the
Public Service Commission. Applicable only to Vigan Electric to the
exclusion of all electric companies in the entire Philippines. The Public
Service Commission never conducted any notice or hearing.
- Ruling of the SC: there is denial of due process. Invalidate the order. It is
null and void.
★ Illustrative example: The Philippine Consumer Foundation v. Secretary, DECS
Landmark Case)
- DepEd as the rate-fixer of tuition fee issued an order authorizing all
private schools to increase their tuition fee for as long as the increase
will not exceed 15%. The validity of the order was questioned by the
Consumer Foundation on the ground that DepEd did not conduct
notice and hearing. Is it notice and hearing that must be followed? —
No! because DepEd, in issuing the order, did not performed quasi-
judicial, it performed quasi-legislative because the order applies to all
of the same kind. [expect that to come out in your exam, right? :)]
SICAKING! 2017
ADMINISTRATIVE LAW NOTES
EXCeption to the Rule: Regardless of the power exercised whether quasi-legislative
because it applies to 1 entity or quasi-judicial because it applies to all, if the order
issued involves the revocation of a license, immaterial on what kind of power
because notice and hearing is always mandatory. Lumabas na rin sa bar exam yan.
Under the Administrative Code, when license is revoked, due process must be
observed meaning notice and hearing.
JUDICIAL RECOURSE AND REVIEW — DOCTRINES
1. Doctrine of Exhaustion of Administration Remedy (DEAR)
2. Doctrine of Preliminary Jurisdiction or Preliminary Resort (PJ)
3. Res Judicata
4. Doctrine of Finality of Administrative Action (DFAA)
Applicability: only when the administrative agency is performing Quasi-Judicial
Function
• Bar exam question two years ago: The petitioner questioned the rule issued by
the DENR pursuant to its quasi-legislative function. Ano ang defense ng DENR,
when asked to file an answer to the complaint? — you fail to exhaust
administrative remedy. Is the defense tenable? (baka yun ang tatanungin ko sa
inyo)
- No. The applicability of DEAR is pursuant only to quasi-judicial. Ano ‘yung
quinestion nila? — yung validity of the rules which is pursuant to quasi-
legislative not quasi-judicial
- actual case to decided by the Supreme Court, right?
- kaya kinakanchawan ko ung batchmate ko who is now a senior legal
officer sa DENR in the main office. He is due for promotion as CESO
already. “Kaya ipagbaliban ko muna yung early retirement ko,” sabi nya
because balak na nya mag-early retirement. Tapos yung bunso pa niya
kukuha naman daw ng law. “So, I need to work more to support him,” sabi
nya, right? Kinanchawan ko siya, “Ano ba naman kayo, hindi nyo alam
yung applicability ng DEAR doctrine, that is, it is applicable only pursuant
to an agency’s quasi-judicial function. Very clear naman na ang
quinesquestion dun sa case na yun ay legislative rule and that is quasi-
legislative and not quasi-judicial. Ang sagot lang nya, “Hmp! Naka-leave
ako nung dinesyunan nila yan.”
FIRST DOCTRINE: DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDY (DEAR)
- it postulates that before a party can go to the court and seek judicial remedy, he
must first avail administrative remedies when so required by law
- if not required by law, one can go straight to the courts
★Illustrative example: Katarungang Pambarangay Law
Two neighbors within the same barangay. Nagsuntukan sila. Eh yung isa mas
magaling kaysa dun sa isa. Mala-Pacquiao yung isa, yung isa wala man lang
kaalam-alam sa boxing kaya he sustained injuries. Following that daw, he
went to the MTC and filed a case of Physical Injuries. Will the court entertain?
— No because of the failure to exhaust administrative remedy, that is, the
Local Government Code which requires barangay conciliation and the
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POLITICAL LAW
complainant failed to exhaust that despite the fact that it is required by law
since two of them are of the same residents of the same barangay
• What is the effect on the case filed if a party fails to avail administrative remedy
when so required by law?
- the case is vulnerable to dismissal on the ground of lack of cause of action
Rationale of DEAR/Reasons:
1. administrative remedies are less expensive and more expeditious
- more expeditious because they are not governed by the technical rules of
evidence and they can even suspend their rules
2. help declog the dockets of the courts
3. to enable the agency to correct its error, if any
★Illustrative example: Katarungang Pambarangay Law
My former student in high school 39/40 years ago when i was teaching in high
school. Sy took the civil service examinations, second grade, sub-professional.
Ano yung requirement? — 72 units in college equivalent to 2nd year and he
passed it. Because of that he was employed at the Baguio-SSS. Kaya one time
nag-aapply ako ng loan, andudoon siya. Eh mabuti naman ‘to
nakaemployed. Then later on, he took the professional examination and he
passed. Because of that and since he has been a senior employee of the
Baguio-SSS, he was designated as the acting head of the SSS in Abra — the
first province in the Philippines arranged alphabetically :) After having
occupied the position for quite sometime, somebody filed a complaint
against him. Ano yung complaint? — that at the time he took the 1st grade,
he was not a college graduate. He misrepresented himself to be a college
graduate. Totoo nga na at that time he took the exam, he was not a college
graduate kasi may isa siyang deficiency. Ano yung deficiency nya? — ROTC.
But he was able to complete it two years after he took the exam. The year
after nung napromote na siya, yun na, finaylan ng complaint. Ano yung
complaint? — gross dishonesty, conduct prejudicial to best interest of the
service plus two other administrative cases. Saan i-finile? -- Regional Office of
the CAR. Ano yung findings ng CAR? — guilty. Ano yung penalty? — dismissal
from service. What is your remedy, if you were the lawyer of Sy? Nadismiss
kliyente mo. Will you just tap his shoulders — pards sorry malas mo eh? Yun
lang ba? Your not performing your job as a laywer. So, anong remedyo? —
meron tayong lahat nito: APPEAL. Pero saan nya inappeal? — doon
nagkamali yung abogado nya — he went straight to the Court of Appeals.
Dapat, under the Rules of Procedure of the Civil Service, the decision of the
Regional Office must first be elevated or appealed administratively to the Civil
Service Commission proper in Manila. Pero yung lawyer nya cguro….anyway,
yung lawyer nya, hindi Louisian kaya masaya ako. Kasi pag Louisian yun,
naku! I will disown him, right? Fortunately, he is not a Louisian. Ang alam siguro
ng lawyer nya that the decision of the Regional Office is now the decision of
the Civil Service Commission proper. Yun siguro yung misconception niya,
kaya dumeretso siya sa court. Nung dumertso xa sa court, anong ginawa ng
CA? — Naturally, dismiss the appeal on grounds of non-exhaustion of
administrative remedies. What is the reason? — to enable the Civil Service
Commission proper to correct error of the Regional Office, if any.
SICAKING! 2017
ADMINISTRATIVE LAW NOTES
EXCeptions to the DEAR: You can go directly to the court; No need to appeal
administratively
There are more than 20 but the following are the two most important exceptions:
1. When the decision of the administrative body is arrived at by the Cabinet
Secretary
- Reason: because the next higher body to whom it shall be appealed is the
Office of the President and so, under the Doctrine of Qualified Political
Agency or Alter-ego Doctrine, the decision of the Cabinet members are
already considered decisions of the President [banggitin nyo ung doctrine
ah!]
EXCeption to the EXCeption: (meaning, appeal to the Office of the President)
- when the law so requires
eg.: land registration cases — because it is the President who can
proclaim whether a land is a military reservation, forest reservation, etc.
through presidential proclamation
2. When the issue raised involves a purely legal question/issues
- because under Article VIII, Section 5, legal issues are resolvable by the courts
eg.: claims for damages
Other exceptions (from Dean Morales’s 2015 notes)
3. administrative remedy is fruitless
4. where there is estoppel on the party of the administrative agency
5. administrative action is patently illegal, amounting to lack or excess of jurisdiction
6. where there is unreasonable delay or official inaction
7. where there is irreparable injury, or threat thereof, unless judicial recourse is
immediately made
8. in land cases, where the subject matter is a private land, including those
acquired by purchase or resale to individuals
9. where law does not make exhaustion a condition precedent to judicial recourse
10. where observance of the doctrine will result in nullification of claim
11. where there are special reasons or circumstances demanding immediate court
action
12. when due process of law is clearly violated
13. when, in extreme case, there is no plain, adequate and speedy remedy
available except to seek judicial protection
14. when the issue is rendered moot and academic
15. when public interest is involved
SECOND DOCTRINE: PRELIMINARY JURISDICTION OR PRELIMINARY RESORT (TWIN
DOCTRINE OF DEAR)
• Similarities with DEAR
1. both of them are administrative remedies provided by law
2. both of them must first be exhausted before going to the court
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POLITICAL LAW ADMINISTRATIVE LAW NOTES

Distinctions and Differences DEAR PJ

The only EXCEPTION (wala sa law books eto ah): if the one asking for
reopening is Estelito Mendoza. He is just like Jesus Christ who can order Lazarus
Issues raised there is no technical there is always a technical
to rise again in life
issue issue involved
Ano yung layman’s term doon? ‘Wag na muli naten buksan ang mapait na
nakaraan”; “Move on!”
• When must these issues be resolved first being technical in nature?
- it must first be referred to the appropriate administrative body who has the - Of court it applies to the court.
expertise to resolve the issue
- if filed in court, the court will not take cognizance of the case, especially if there • Is the doctrine of res judicata applicable also to administrative agencies?
is a technical issue identified. That technical issue must first be referred to the - Yes. It is equally applicable to administrative bodies
administrative body for resolution before the legal issue will be resolved by the
court EXC: (res judicata does not apply to the decisions arrived at by an administrative
body)
★Illustrative example: Industrial Enterprises Case - when the issue involved is citizenship. Citizenship resolved by administrative bodies
A and B are applicants to a mining concession. Sinong nanalo sa kanila? — are not, as a general rule, res judicata
A, natalo si B. Pero si A, anong ginawa nya? — he assigned his right to C. Kaya
nagcomplain si B. He went to the court but the court said there is a technical EXC to the EXC: (go back to the general rule that it is res judicata)
issue involved here; it is not only whether the assignment is valid or not. What is If the following three elements are present:
the technical issue that must be resolved? — whether the assignee C has the 1. there is a full-blown hearing
technical capability to undertake mining exploration. If has no capability to 2. there was a participation during the hearing of the Sol-Gen
undertake mining exploration, then wala na yung isyung whether there is valid 3. the decision of the administrative body on citizenship has already been affirmed
assignment or not because in the first place, he is not capable. Who can by the Supreme Court
determine whether a party/corporation is capable of undertaking mining
exploration? — it is the Bureau of Mines. LAST (4TH) DOCTRINE: DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION (DFAA)
Distinctions and DEAR DFAA
• How will you know if there is a technical issue?
- discern it from the facts of the case Differences
- Pag hindi mo mahanap sa salita, sa words ng problem duon, the last resort is number of remedies to one remedy only there is a series of remedies
identify the agency involved and the nature of the agency will imply that the undertake before that must be undertaken and
issue raised is technical in nature. going to the court completed before turning
- For instance, Bureau of Customs. Technical yun, right? kasi may mga right to the court for judicial
computations sa valuations, etc. remedy

Distinctions and ★Illustrative Example:

DEAR PJ
Differences - Police officer Joaquin Tuazon (sa Probinsyano, the longest running teleserye) is
engaged in drugs and eventually, human trafficking. Let’s assume that the
Effect of non- vulnerable to the judicial proceedings will Internal Affairs Service (IAS) of the PNP took cognizance of the case. He is found
observance dismissal merely be suspended, meaning, guilty. Ano yung penalty nya? — dismissal from service. You have to appeal the
the court will refuse to take case, where? — NAPOLCOM. If the NAPOLCOM affirms, from NAPOLCOM to
cognizance of the case Secretary of DILG. If the Secretary of DILG affirm the decision of NAPOLCOM,
ripe na ba pumunta sa court? — not yet, meron pang isa, ano yun? — Civil
THIRD DOCTRINE: RES JUDICATA Service Commission, did you get it? Then from there, nakompleto na lahat, you
What is the principle of res judicata? can now go to the court, specifically the Court of Appeals.
- very similar to the doctrine of finality of judgment
- under res judicata, yung literal meaning nya “let the case rest”; hindi pwede na Nothing is left to be done in the administrative aspect. That’s the only time when you
na-close na yung case, irereopen mo na naman! Bakit? can seek for judicial remedy.
- it proscribe the reopening of the case, once it has become final and executory
because at one point in time, a case must terminate.
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POLITICAL LAW
DECISIONS OF ADMINISTRATIVE BODIES
In courts under Article VIII, Section 14, when the court decides a case, the decision
must contain not only the facts of the case but also the law upon which the decision
is based
• Does that rule apply also in administrative bodies? -- equally applicable
Rule: In the performance of Quasi-Judicial function, “every decision of an agency
shall be in writing and shall state the facts and the law on which it is based” [Book VII,
Section 14]
ADMINISTRATIVE LAW NOTES
Lacking the essential attribute of a decision, the acts in question were at
best interlocutory orders that did not attain finality nor acquire the effects of a
final judgment despite the lapse of the statutory period of appeal.
Rationale: (same as with the court)
1. to satisfy the requirements of due process to both parties, the losing party and the
prevailing party
2. to facilitate appeal and review
- because you cannot review a one-liner decision, eg.: “This instant case is
hereby dismissed for lack of merit (period)”

★Illustrative Example: Naguiat v. NLRC APPELLATE JURISDICTION

The NLRC did not discuss or give any explanation for holding Naguiat
Enterprises and its officers jointly and severally liable in discharging Clark Field
Administrative Judicial
Taxi, Inc’s liability for payment of separation pay.
(courts)
SC: The decisions, however concisely written, must distinctly and clearly set Issue/Decision
forth the facts and law upon which they are based. This rule applies as well to Original Appellate Jurisdiction
dispositions by quasi-judicial and administrative bodies. Jurisdiction Jurisdiction

★Illustrative Example: Pp v. Baring Intra-corporate controversy no longer SEC RTC

A decision need not be a complete recital of the evidence presented. So
long as the factual and legal basis are clearly and distinctly set forth supporting May nag-import, nasa crate
the conclusions drawn therefrom, the decision arrived at is valid. ‘yun. Dineclare nila na wagwag
Nonetheless, in order to effectively buttress the judgment arrived at, it is coming from Hong Kong. Pero
imperative that a decision should not be simply limited to the dispositive portion nung ininspect ng Bureau of
but must state the nature of the case, summarize the facts with references to the Customs because of a tip,
record, and contain a statement of the applicable laws and jurisprudence and naku, brand new iphone lahat.
the tribunal’s assessments and conclusions on the case. This practice would So, there is misdeclaration of
better enable a court to make an appropriate consideration of whether the items. It is subject to seizure and
dispositive portion of the judgment sought to be enforced is consistent with the forfeiture proceedings.
findings of facts and conclusions of law made by the tribunal that rendered the
decision. Who in the Bureau of Customs
Compliance with this requirement will sufficiently apprise the parties of the are empowered to undertake
various issues involved but more importantly will guide the court in assessing seizure and forfeiture Collector of Customs
whether the conclusion arrived at is consistent with the facts and the law. proceedings? Customs Commissioner
In the case at bar, the trial court’s decision may cast doubt as to the guilt of
accused-appellant. Such doubt may be engendered not by the lack of direct Yung isang kliyente naman
evidence against accused-appellant but by the trial court’s failure to fully napunta sayo, “Attorney, eto
explain the correlation of the facts, the weight or admissibility of the evidence yung problema ng anak ko,
presented for or against the accused, the assessments made from the evidence pina-enroll ko na, kumuha ng
presented, and the conclusions drawn therefrom after applying the pertinent birth certificate, ang nasa
law as basis of the decision. pangalan “Baby Boy” pero ang
pangalan naman nya “Ricardo
★Illustrative Example: Pilipinas Kao, Inc v. CA D. Arsagon” Ano yung “D”? —
The constitutional and statutory mandate that "no decision shall be Dalisay, Ricardo Dalisay
rendered by any court of record without expressing therein clearly and distinctly Arsagon.
the facts and the law on which it is based, applies as well to dispositions by
quasi-judicial and administrative bodies. What agency will you go?
(Correction of Entries: First Local Civil
Name) Registrar

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POLITICAL LAW ADMINISTRATIVE LAW NOTES

Administrative Judicial Administrative Judicial

(courts) (courts)
Issue/Decision Issue/Decision
Original Appellate Jurisdiction Original Appellate Jurisdiction
Jurisdiction Jurisdiction Jurisdiction Jurisdiction

Bumili si X ng condominium unit. If administrative body is RTC

It must be delivered within 12 performing quasi-legislative (under some
months/1year. But 1 year has functions rules of
elapsed, in fact, 2 years na, procedure,
hindi pa rin nadedeliver as per concurrently
contract, fully paid na sya. with the CA)

San siya mag-claim for damage

and enforcement of rights? HLURB

GR: Decisions of administrative • When is the decision of the NAPOLCOM appealable to the CSC?
bodies are appealable to… …Court of
- the general rule, in career service, is if the penalty is more than 30 days of
- Out of the three Appeals suspension
constitutional commission,
- but for the PNP, only if the penalty is dismissal or demotion of the PNP officer that
it is the CSC whose it can be appealable to the CSC
decision is appealable to
the CA

Decisions of NLRC (GR) Court of —! —

Appeals

EXC: Decisions of COMELEC Supreme

and COA Court

Decision of the Ombudsman:

a) if administrative case (GR) a) Court of

Appeals
b) if criminal case (EXC)
b) Supreme
Court

EXC: Decisions of:

- BIR
- Bureau of Customs (BOC),
specifically, Customs
Commissioner
- Central Board of Assessment Court of Tax
Appeals (CBAA) Appeals
- Secretaries of Trade and
Finance,

*when they are performing a

quasi-judicial functions

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