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2. By Authorities of Law
A. GENERAL PRINCIPLES 3. Legislative Enactments


It is a branch of public law fixing the organization and
determines the competence of administrative authorities, 1. Growing complexities of modern life
and indicates the individual remedies for the violation of the 2. Multiplication of number of subjects needing
rights. government regulation
3. Increased difficulty of administering laws
[Pangasinan Transportation Co. vs. Public Service
KINDS OF ADMINISTRATIVE LAW Commission, GR No. 47065 (1940)]
1. Statutes setting up administrative authorities.
2. Body of doctrines and decisions dealing with the
creation, operation, and effect of determinations
and regulations of such administrative authorities.
3. Rules, regulations, or orders of such administrative AGENCIES
authorities in pursuance of the purposes, for which 1. As to Purpose:
administrative authorities were created or a. Government Grant or gratuity, special
endowed. privilege (e.g. Bureau of Lands, Phil. Veterans
4. Determinations, decisions, and orders of such Admin, GSIS, SSS, PAO)
administrative authorities in the settlement of
controversies arising in their particular field. b. Carrying out the actual business of
government (e.g. BIR, Customs, Immigration,
ADMINISTRATION c. Service for public benefit (e.g. Philpost, PNR,
It is the execution, in a non-judicial matters, of the law or will
of the State as expressed by competent authority. d. Regulation affected with Public Interest (e.g.
Insurance Commission, LTFRB, NTC, HLURB)
The group of persons holding the reins of the government for e. Regulation of Businesses and individuals (e.g.
the time being. SEC)

f. Adjustment of Individual Controversies

because of a strong social policy involved

AGENCIES g. Government as private party (e.g. GSIS)

B.1. DEFINITION 2. As to the Organic Law of Creation

It is an organ of government, other than a court and the a. 1987 Constitutional Provisions
legislature, which affects the rights of private parties either
through adjudication or rule making. [Nachura] • Civil Service Commission1

An administrative agency has no discretion whether or not to • Commission on Election 2

implement a law. Its duty is to enforce the law. Thus, if there
is a conflict between the circular issued by the agency and an • Commission on Audit3
EO issued by the president, the latter prevails. [Eastern
Shipping Lines vs. CA, GR No. 116356 (1998)] • Commission on Human Rights4

• Commission on Appointment5
1. By Constitutional Provision

1 (Art. IX B) 4 (Art. XIII, Sec. 17)

2 (Art. IX C) 5 (Art. VI, Sec. 18)
3 (Art. IX B)

• SET6 Commissions


• JBC8
c. Other Constitutional Bodies
• Office of the Ombudsman9
Sandiganbayan, Ombudsman, Office of Special
• NEDA10 Prosecutor

• Agency of Cooperatives 11
• Central Monetary Authority, economic
• Independent Central Monetary Authority and Planning Agency

• National Language Commission 13
• National Language Commission
• National Police Commission 14
• National Police Commission
• Consultative Body on Indigenous Cultural
Communities • Commission on Indigenous Cultural

b. Legislative Enactment/Congressional Statute

d. Regulatory Commission
• SEC, NLRC, Office of Insurance
• SSC Commissioner, Land transportation
Commission, Bureau of Customs, CID, BIR

• PPO e. Public Corporations


• Games and Amusement Board

• Insurance Commission
• Dangerous Drug Board AGENCIES
1. Quasi-legislative (Rule-making) Power
c. Executive Orders 2. Quasi-judicial (Adjudicatory) Power
3. Fact-finding, Investigative, Rate-fixing Power
4. Determinative Power
3. As to Hierarchy:
a. Office of the President and Cabinet
b. Independent Constitutional
This is the exercise of delegated legislative power,
involving no discretion as to what the law shall be, but

6 (Art. VI, Sec. 17) 11 (Art. XII, Sec. 15)

7 (Art. VI, Sec. 17) 12 (Art. XII, Sec. 20)
8 (Art, VIII, Sec. 8) 13 (Art. XIV Sec. 9)
9 (Art IX, Sec. 5) 14 (Art. XII Sec. 20)
10 (Art. XII, Sec. 20)

merely the authority to fix the details in the execution or 2. Cannot make rules or regulations which are inconsistent
enforcement of a policy set out in the law itself. with the provision of the Constitution or statute.
3. Cannot defeat the purpose of the statute.
This is the authority delegated by the law-making body 4. May not amend, alter, modify, supplant, enlarge, or limit
to the administrative agency to adopt rules and the terms of the statute.
regulations intended to carry out the provisions of a law 5. A rule or regulation must be uniform in operation,
and implement a legislative enactment. reasonable and not unfair or discriminatory.


Power of administrative agency to promulgate rules and Potestas delegate non delegare potest means “what has
regulations on matters within their own specialization. been delegated cannot be delegated.


C.1.A KINDS OF ADMINISTRATIVE RULES 1. The law must be complete in itself and must set forth the
AND REGULATION policy to be executed.
2. The law must fix a standard, the limits of which are
1. Supplementary or detailed legislation
sufficiently determinate or determinable to which the
Refers to rules and regulation, which intends to fill in the
delegate must conform. [Pelaez vs. Auditor General
details of the law and to make explicit what is only
general. e.g. Rules and Regulations Implementing the
Labor Code.
1. Defines legislative policy, marks its limits, maps out its
2. Contingent legislation
boundaries and specifies the public agency to apply it;
Refers to rules and regulations made by an
administrative authority on the existence of certain facts
2. Indicates the circumstances under which the legislative
or things upon which the enforcement of the law
command is to be effected. [ABAKADA Guro List vs.
Ermita, G.R. No. 168056 (2005)]
3. Interpretative legislation
Refers to rules and regulations construing or
May be:
interpreting the provisions of a statute to be enforced
1. express
and binding on all concerned until changed. They have
2. implied
the effect of law and are entitled to great respect having
3. embodies in other statutes on the same matter
in their favor the presumption of legality, e.g., BIR
a. Examples of Valid Delegation: [People vs. Vera, G.R.
No. L-45685 (1937)]
EXERCISE OF QUASI‐LEGISLATIVE 1. Fix Tariff, import and export quotas, tonnage
POWER and wharfage fees
2. Emergency powers
1. Promulgated in accordance with the prescribed 3. Delegation to the People at Large.
procedure. 4. Delegation to Local Authorities.
2. Reasonable. 5. Delegation to administrative agencies.
3. Issued under authority of law.
4. Administrative regulations, issued for the purpose of b. What cannot be Delegated:
implementing existing law, pursuant to a valid
delegation are included in the term “laws” under Article 1. Creation of Municipalities (for legislative
2, of the Civil Code and must therefore be published in matter)
order to be effective. 2. Defining a crime [US vs. Ang Tang Ho, G.R. No.
5. It must be within the Scope and purview of the law. 17122 (1922)]
6. Filing with the Office of the National Administrative
Register (ONAR) of the University of the Philippines Law PERMISSIBLE DELEGATION
1. Ascertainment of Facts
LEGISLATIVE POWER 3. Administrative Rule-Making
1. It must be within the limits of the powers granted to
administrative agencies.

The mere fact that an officer is required by law 5. Must not restrict, expand, diminish, supplant or modify
(1) to inquire the existence of certain facts, and (2) the law
to apply the law thereto, in order to determine All administrative issuances must be in harmony with
what his official conduct shall be, and the fact that the law and must NOT modify it. In this case, it was an
these acts may affect private rights do not act of administrative legislation. (CIR v. CA)
constitute an exercise of Judicial Power, statutes
may give non-judicial officers the power (i) to EO 146 organized NTC as a 3-man commission. Thus
declare the existence of facts which call all memo circulars negating the collegial nature of
into operation the statute’s provisions, and (ii) to NTC are illegal. Administrative regulations derive their
ascertain appropriate facts as a basis for procedure validity from the statute that they intend to
in the enforcement of particular laws. Such implement. [GMCR v. Bell Telecommunications]
functions are merely incidental to the exercise of
power granted by law to clear navigable streams 6. Action will be set aside if there is an error of law, grave
of unauthorized obstructions. [Lovina v. Moreno, abuse or lack of jurisdiction clearly conflicting with either
G.R. No. L-17821 (1963) ] the letter or the spirit of the law
Sec 16 of RA 6657 provides that deposit must be made
only in cash or in LBP bonds. DAR exceeded the limits
FILLING IN OF DETAILS of its power to enact rules that allowed the opening
For necessity and as a means of enforcement and of a trust account in behalf of the land owner.
execution. [Alegre v. Collector of Customs, G.R. No. Function of promulgating rules and regulations may
L-30783 (1929)] be exercised only for the purpose of carrying the
provisions of the law into effect. Admin regulations
LIMITATIONS ON ADMINISTRATIVE RULE MAKING cannot extend the law and amend a legislative
enactment. [Landbank v. CA]
1. Must be authorized by law
The Legislature has not defined what shall be the 7. The basic law shall prevail as embodiment of the
standard or the type of leaf or manufactured tobacco legislative purpose; rules and regulations cannot go
which may be exported to the United States, or even beyond the laws terms and provisions
specified how or upon what basis the Collector
of Internal Revenue should fix or determine the 8. If there is discrepancy between the basic law and an
standard. All of that power is delegated to the administrative rule, the basic law prevails.
Collector of Internal Revenue. [Olsen v. Aldanese]
9. May not unilaterally impose a new legislative policy
2. Must not amend the law or must not be inconsistent requiring the adjustment of various other contending
with the law. policies.
Memo order is void because it is inconsistent with
law, since the RAC specifically provides for an appeal 10. May not dismantle a regulatory system that was set up
to the commissioner before he can review the case. by law
[Syman v. Jacinto]
11. May not be delegated to a mere constituent unit
3. Must not define a criminal act
The lawmaking body cannot delegate to an executive Publication and Effectivity
official the power to declare what acts should
constitute an offense. It can authorize the issuance of General Rule: In rule making, administrative agencies are not
regulations and the imposition of the penalty directly answerable to the people since administrative
provided for in the law itself. [People v. Macere] officers were not elected by the masses. Hence, there is a need
for publication and public participation.
4. Must be germane to the purpose of the law which it was
meant to implement Exception: Administrative rules and regulations must be
Commission later promulgated the Revised Civil Rules published if their purpose is to enforce or implement existing
which was published on the OG. Sec 5, Rule 6 provided law pursuant also to a valid delegation. [Nasecore v. ERC]
– a prohibition on the appointment of 57year olds and
above in the service. RA 2260 however contained no
provision prohibiting appointment in the Gov’t service
of any person who’s already 57 years old. This
prohibition was entirely a creation of the CSC. Thus
such rules cannot be accorded validity. [Toledo vs.

Admin Code, Sec. 3. Filing Art. 2, NCC (as amended by EO 200)

Law shall take effect after 15 days following the completion of their
Every agency shall file with UP Law Center 3 certified copies of publication either in the Official Gazette or in a newspaper of
every rule adopted by it. Rules in force on the date of the effectivity general circulation in the Philippines, unless otherwise provided.
of this code which are not filed within 3 months from that date
shall not thereafter be the basis of any sanction against any party
or persons.
General Rule: Administrative rules and regulations are
The records officer of the agency, or his equivalent functionary,
shall carry out the requirements of this section under pain of
subject to the publication and effectivity rules of Admin code
disciplinary action. in relation to civil code.

A permanent register of all rules shall be kept by the issuing agency Effectivity: 15 days after publication, not 15 days from the
and shall be open to public inspection. date of filing with the UP law center. [Republic vs. Express

The fact that the 1993 Revised Rules were filed with the UP Exceptions:
Law Center on February 3, 1993 is of no moment. There is • Different date is fixed by law
nothing in the Administrative Code of 1987 which implies that • In case of imminent danger to public health, safety and
the filing of the rules with the UP Law Center is the operative welfare
act that gives the rules force and effect. The National
Administrative Register is merely a bulletin of codified rules Admin. Code Sec. 5. Publication and Recording
and it is furnished only to the Office of the President, The University of the Philippines Law Center shall:
Congress, all appellate courts, the National Library, other 1. Publish a quarter bulletin setting forth the text of rules
public offices or agencies as the Congress may select, and to filed with it during the preceding quarter; and
other persons at a price sufficient to cover publication and 2. Keep an up-to-date codification of all rules thus
mailing or distribution costs. Still, publication in the Official published and remaining in effect, together with a
Gazette or a newspaper of general circulation is a condition complete index and appropriate tables.
sine qua non before statutes, rules or regulations can take
effect. [Republic v. EXPRESS Telecommunications]

With regard to Memo Circular 98-17,the Administrative code Purpose of Publication: Due Process
of 1987, particularly Section 3, requires each agency to file To give the general public adequate notice of the various
with the Office of the National Administrative Register laws which are to regulate their actions and conduct as
(ONAR) of the UP Law Center three certified copies of every citizens. It would be the height of injustice to punish
rule adopted by it. Administrative issuances not published or or otherwise burden a citizen for the transgression of a law of
registered with the ONAR are ineffective and may not which he had no notice whatsoever.
be enforced. The memo here which provides for penalties for
offenses of exhibiting programs without a valid permit has General Rule: Publication is indispensable especially if the
not been registered with the ONAR. It is the unenforceable rule is general.
since it hasn’t been registered; hence the petitioner is not
bound by said circular and should not have been meted with Exceptions:
the sanction provided. (GMA v. MTRCB) • Interpretative Rules
• Internal Regulations, that is, regulating only
the personnel of the administrative agency and not the
Admin. Code Sec. 4. Effectivity
In addition to other rule-making requirements provided by law not public
inconsistent with this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided unless a different LOI issued by admin. Superior to subordinates
date is fixed by law, or specified in the rule in cases of imminent Other presidential issuances which apply only to particular
danger to public health, safety and welfare, the existence of which persons or class of persons such as administrative and
must be expressed in a statement accompanying the rule. The executive orders need not be published on the assumption
agency shall take appropriate measures to make emergency rules that they have been circularized to all concerned.
known to persons who may be affected by them
But mere interpretative regulations, and those merely
internal in nature, i.e. regulating only the personnel of the
administrative agency and not the public, need not be
published. [Tañada v. Tuvera]

Strict compliance with the requirements of publication

cannot be annulled by a mere allegation that parties were

notified of the existence of the implementing rules

concerned. [RP v. Shell] It supplements the statute by It says what the statute
filling in the details means
Penal Regulation
Legislative regulations have the
force and effect of law Merely persuasive/
Admin. Code Sec. 6. Omission of Some Rules immediately upon going into Received by the courts with
xxxx effect. Such is accorded by the much respect but not
courts or by express provision of accorded with finality
(2) Every rule establishing an offense or defining an act
which, pursuant to law, is punishable as a crime or subject
to a penalty shall in all cases be published in full text.

Need for Previous Notice and Hearing

General Rule: Administrative bodies cannot make penal rules
as they are exclusive to the legislature and cannot be General Rule: Administrative rules of GENERAL application do
delegated. NOT require previous notice and hearing

Exception: Administrative agency can promulgate rules Exception: When the legislature itself requires that the
providing for penal sanction provided the following requisites regulation shall be based on certain facts as determined at an
are complied with: appropriate investigation.
1. The law must declare the act punishable;
2. The law must define the penalty; If the regulation is in effect a settlement of a controversy
3. The rules must be published in the Official Gazette. [The between specific parties, it is considered an administrative
Hon. Secretary Vincent S. Perez v. LPG Refillers adjudication, requiring notice and hearing.
Association of the Philippines]
Power to Amend, Revise, Alter or
The law itself must declare the act as punishable and must Repeal Rules
also define or fix the penalty for the violation. Admin bodies The grant of express power to formulate implementing rules
cannot make penal rules as they are exclusive to the and regulations must necessarily include the power to
legislature and cannot be delegated. For an administrative amend, revise, alter, or repeal the same. [Yazaki Torres
regulation to have the force of penal law: Manufacturing, Inc. vs. CA (2006)]
(1) the violation of the administrative regulation must be
made a crime by the delegating statute itself; and
(2) the penalty for such violation must be provided by the C.2. QUASI-JUDICIAL (ADJUDICATORY)
statute itself [Perez v. LPG]
Interpretative Rules It is the power of administrative authorities to make
determination of facts in the performance of their official
duties and to apply the law as they construe it to the facts so
Administrative agencies in the discharge of their duties are
found. It partakes the nature of judicial power, but is
necessarily called upon to construe and apply the provision
exercised by a person other than a judge.
of law under which they function. They can interpret their
own rules provided:
An administrative body to which quasi‐judicial power has
been delegated is a tribunal of limited jurisdiction and as such
1. Such does not change the character of a ministerial duty.
it could wield only such powers as are specifically granted to
2. It does not involve unlawful use of legislative or judicial
it by its enabling statute. Its jurisdiction is interpreted
strictissimi juris
Administrative officers tasked to implement the law also
It is incidental to the power of regulation but is often
authorized to interpret the law because they have expertise
expressly conferred by the legislature through specific
to do so. (PLDT v. NTC)
provisions in the charter of the agency.
Legislative Rules v. Interpretative
Legislative rules Interpretative rules While administrative agencies are free from the rigidity of
certain procedural requirements, they cannot entirely ignore
Legislative Judicial or disregard the fundamental and essential requirements of

due process in trials and investigations of an administrative • Holding of an adversarial trial is discretionary. Parties
character. [Ang Tibay vs. CIR (1940)] cannot demand it as a matter of right. [Vinta Marine vs.
NLRC (1978)] But the right of a party to confront and
Essence of Due Process cross-examine opposing witness is a fundamental right
It lies simply in the opportunity to explain one’s side or to which is part of due process. If without his fault, this right
seek reconsideration of the action or ruling complained of. is violated, he is entitled to have the direct examination
What is proscribed is the absolute lack of notice and hearing. stricken off the record. [Bachrach Motors vs. CIR (1978)]
[Office of the Ombudsman vs. Coronel (2006)]
3 Instances When Due Process is
Cardinal Primary Requirements of Due Violated:
Process in Administrative Proceedings 1. Failure to sufficiently explain the reason for the decision
[Ang Tibay vs. CIR (1940)] rendered
1. The right to a hearing which includes the right to present 2. Not supported by substantial evidence
one’s case and submit evidence in support 3. Imputation of a violation and imposition of a fine despite
2. The tribunal must consider the evidence presented absence of due notice and hearing [Globe Telecom vs.
3. The decision must be supported by evidence NTC (2004)]
4. Such evidence must be substantial
5. The decision must be based on the evidence presented Right against Self-incrimination
at the hearing or at least contained in the record, and The respondent may invoke this at the time he is called by the
disclosed to the parties affected complainant as a witness.
6. The tribunal or body of any of its judges must act on its
own independent consideration of the law and facts of He can be cross-examined if he voluntarily takes the witness
the controversy in arriving at a decision; stand, but he may still invoke the right when the question call
7. The board or body should render its decision in such a for an answer, which incriminates him for an offense other
manner that the parties to the proceeding can know the than, that charged. [People vs. Ayson (1989)]
various issues involved, and the reasons for the
decisions rendered. Notice and Hearing
When Required:
In administrative proceedings, due process has been
1. When the law specifically requires it
recognized to include the following:
2. When it affects a person’s status and liberty
[Fabella vs. Court of Appeals (1997)]
(1) the right to actual or constructive notice of the
When not required:
institution of proceedings which may affect a
1. Urgent reasons
respondent’s legal rights;
2. Discretion is exercised by an officer vested with it upon
(2) a real opportunity to be heard personally or with the
an undisputed act
assistance of counsel, to present witnesses and evidence
3. If it involves the exercise of discretion and there is no
in one’s favor, and to defend one’s rights;
grave abuse
(3) a tribunal vested with competent jurisdiction and so
4. When it involves rules to govern future conduct of
constituted as to afford a person charged
persons or enterprises, unless law provides otherwise
administratively a reasonable guarantee of honesty as
5. In the valid exercise of police power
well as impartiality; and
(4) a finding by said tribunal which is supported by Instances when Notice and Hearing is
substantial evidence submitted for consideration during
Required under the Administrative Code
the hearing or contained in the records or made known
to the parties affected. [Fabella vs. Court of Appeals 1. Contested cases [Book VII, Section 3]
(1997)] 2. Certain licensing procedures, involving grant, renewal,
denial or cancellation of a license [Sec.17 (1)]
Note: 3. All licensing procedures, when a license is withdrawn,
• Due process does not always entail notice and hearing suspended, revoked or annulled [Sec. 17 (2)]
prior to the deprivation of a right. Hearing may occur • Note: Notice and hearing is not required in cases of:
after deprivation, as in emergency cases, in which case, o Willful violation of pertinent laws, rules
there must be a chance to seek reconsideration. [UP and regulations
Board of Regents vs. CA (1999)] o When public security, health, safety
• Presence of a party at a trial is not always the essence of require otherwise [Sec. 17 (2)]
due process. All that the law requires is the element of
fairness. [Rivera vs. CSC (1995)]

C.2.B. ADMINISTRATIVE APPEAL AND Admin. Code Sec. 23. Finality of Decision of Appellate
REVIEW Agency.
In any contested case, the decision of the appellate agency
Admin. Code Sec. 16 (1). Publication and Compilation of shall become final and executory fifteen (15) days after
Decision the receipt by the parties of a copy thereof.
(1) Every agency shall publish and make available for public
inspection all decisions or final orders in the adjudication
of contested cases.

A party must prove that it has been affected or aggrieved by

an administrative agency in order to entitle it to a review by
an appellate administrative body or another administrative
Admin. Code Sec. 19. Appeal body.
Unless otherwise provided by law or executive order, an
appeal from a final decision of the agency may be taken to the Doctrine of Qualified Political Agency
Department head.
A decision of the department head generally need not be
appealed to the Office of the President, since the department
head is the alter ego of the President, and the former’s acts
Admin. Code Sec. 20. Perfection of Administrative Appeals are presumably the President’s. However, the doctrine does
1. Administrative appeals under this Chapter shall be not apply when:
perfected within fifteen (15) days after receipt of a copy a) the act is repudiated by the President, or
of the decision complained of by the party adversely b) the act is required by law to be performed specifically
affected, by filing with the agency which adjudicated by the department head
the case a notice of appeal, serving copies thereof upon
the prevailing party and the appellate agency, and
paying the required fees.
The doctrine of res judicata applies only to judicial or quasi
2. If a motion for reconsideration is denied, the movant judicial proceedings and not to the exercise of purely
shall have the right to perfect his appeal during the administrative functions. Administrative proceedings are non
remainder of the period for appeal, reckoned from litigious and summary in nature; hence, res judicata does not
receipt of the resolution of denial. If the decision is apply. [Nasipit Lumber Co. vs. NLRC (1989)]
reversed on reconsideration, the aggrieved party shall
have fifteen (15) days from receipt of the resolution of Requisites:
reversal within which to perfect his appeal. 1. Former final judgment;
2. Rendered by a court of competent jurisdiction;
3. The agency shall, upon perfection of the appeal, 3. Judgment on the merits;
transmit the records of the case to the appellate 4. There being, between the first and second action:
agency. a. identity of parties
b. subject matter and
c. cause of action

• The principle of res judicata may not be invoked in labor

Admin. Code Sec. 21. Effect of Appeal relations proceedings considering that Section 5, Rule
The appeal shall stay the decision appealed from unless XIII, Book V of the IRR of the Labor Code provides that
otherwise provided by law, or the appellate agency directs such proceedings are “non-litigious and summary in
execution pending appeal, as it may deem just, considering nature” without regard to legal technicalities obtaining
the nature and circumstances of the case. in courts of law. [Nasipit vs. NLRC]

• The rule of res judicata, which forbids the reopening of

a matter once judicially determined by competent
Admin. Code Sec. 22. Action on Appeal authority applies as to the judicial and quasi-judicial acts
The appellate agency shall review the records of the of public, executive or administrative officers and boards
proceedings and may, on its own initiative or upon motion, acting within their jurisdiction. The decisions and orders
receive additional evidence. of administrative agencies rendered pursuant to their
quasi-judicial authority have, upon their finality, the
force and binding effect of a final judgment within the
purview of the doctrine of res judicata. (Dulay v. Minister
of Natural Resources)

Admin Code Sec. 11. Notice and Hearing in Contested Cases

Quasi-legislative v. Quasi-judicial 1. In any contested case all parties shall be entitled to notice
Power and hearing. The notice shall be served at least five (5)
Quasi‐Legislative Quasi‐Judicial days before the date of the hearing and shall state the
date, time and place of the hearing.
Operates on the future Operates based on past facts
2. The parties shall be given opportunity to present
evidence and argument on all issues. If not precluded by
law, informal disposition may be made of any contested
Has general application Has particular application case by stipulation, agreed settlement or default.
(applies only to the parties
involved in a dispute) The agency shall keep an official record of its proceedings.

Issuance pursuant to the Issuance pursuant to the exercise

exercise of quasi‐legislative of quasi‐judicial power may, as a
power may be assailed in rule, only be challenged in court
court without subscribing to with prior exhaustion of
the doctrine of exhaustion of administrative remedies.
administrative remedies. Admin Code Sec. 12. Rules of Evidence

In a contested case:
A valid exercise of quasi‐ A valid exercise of quasi‐judicial
power requires prior notice and 1. The agency may admit and give probative value to
legislative power does
hearing. evidence commonly accepted by reasonably prudent
not require prior notice
men in the conduct of their affairs.
and hearing (except
2. Documentary evidence may be received in the form of
when the law requires it).
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity
An issuance pursuant to the An issuance pursuant to the to compare the copy with the original. If the original is
exercise of quasi‐legislative exercise of quasi‐judicial function in the official custody of a public officer, a certified copy
power may be assailed in is appealed to the Court of
thereof may be accepted.
court through an ordinary Appeals via petition for review
action. (Rule 43). 3. Every party shall have the right to cross-examine
witnesses presented against him and to submit rebuttal

The agency may take notice of judicially cognizable facts and

of generally cognizable technical or scientific facts within its
specialized knowledge. The parties shall be notified and afforded
an opportunity to contest the facts so noticed.
Admin. Code Sec. 10. Compromise and Arbitration.
To expedite administrative proceedings involving conflicting rights
or claims and obviate expensive litigations, every agency shall, in
the public interest, encourage amicable settlement, comprise and Admin. Code Sec. 14. Decision
arbitration. Decision. - Every decision rendered by the agency in a contested
case shall be in writing and shall state clearly and distinctly the facts
and the law on which it is based. The agency shall decide each case
within thirty (30) days following its submission. The parties shall be
notified of the decision personally or by registered mail addressed
to their counsel of record, if any, or to them.

Admin. Code Sec. 15. Finality of Order

Finality of Order. - The decision of the agency shall become final
and executory fifteen (15) days after the receipt of a copy thereof
by the party adversely affected unless within that period an
administrative appeal or judicial review, if proper, has been
perfected. One motion for reconsideration may be filed, which shall
suspend the running of the said period.

Note: Administrative agencies have inherent power to not exercise the power to punish for contempt as
conduct investigations and hearings. Power of Adjudication is postulated in the law, for such power is inherently
not inherent. Most Administrative Agencies only have power judicial in nature. [Guevara v. COMELEC]
of investigation and not of Adjudication except in case of
agencies with specific GRANT of ADJUDICATIVE POWER. (e.g. • The power to investigate, to be conscientious and
NLRC, SEC) rational at the very least, requires an inquiry into existing
facts and conditions. The documents required to be
II. POWER TO ISSUE SUBPOENA AND produced constitutes evidence of the most solid
DECLARE CONTEMPT character as to whether or not there was a failure to
comply with the mandates of the law. It is not for this
Court to whittle down the authority conferred
Admin. Code Section 13. Subpoena on administrative agencies to assure the effective
Subpoena. - In any contested case, the agency shall have the power
administration of a statute, in this case intended to
to require the attendance of witnesses or the production of books,
papers, documents and other pertinent data, upon request of any protect the rights of union members against its officers.
party before or during the hearing upon showing of general The matter was properly within its cognizance and the
relevance. Unless otherwise provided by law, the agency may, in means necessary to give it force and effectiveness
case of disobedience, invoke the aid of the Regional Trial Court should be deemed implied unless the power sought to
within whose jurisdiction the contested case being heard falls. The be exercised is so arbitrary as to trench upon private
Court may punish contumacy or refusal as contempt. rights of petitioners entitled to priority. [Catura v. CIR]

• Public Officials exercise powers NOT rights. A labor

Subpoena official’s power to hold a person for contempt for refusal
All agencies with quasi-judicial functions have the power to to comply with its order cannot extend to a CFI judge.
issue a subpoena even if the charter is silent on the power. It [Tolentino v. Inciong]
is implied in investigatory functions. It is the lifeblood
of investigatory power.
Subpoenas may be enforced: OF ARREST
1. Whether or not there is adjudication
1987 Constitution, Art. III Sec. 2.
2. Whether or not there is probable cause The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
3. Before the issuance of a complaint. whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except
The purpose of the subpoena is to discover evidence, not to upon probable cause to be determined personally by the judge
prove a pending charge, but upon which to make one if the after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place
discovered evidence so justifies.
to be searched and the persons or things to be seized.

Test for valid enforcement of

1. within the authority of the agency; The phrase “to be determined personally by the
judge” means to give more responsibility to the judge who
2. The demand is not too indefinite; and will issue the warrant of arrest and be accountable for it.

3. The information is reasonably relevant. [Evangelista vs. General Rule: Administrative Agencies cannot issue warrant
Jarencio] of Arrest.
• Art. 38 of the Labor Code is void because only a judge
III. POWER TO CITE FOR CONTEMPT may issue warrants of search and arrest. The POEA
Power to cite contempt can be used for quasi judicial administrator or the Secretary of Labor, not being judges
functions but NOT Ministerial ones. may not issue search or arrest warrants. [Salazar v.
• Although the negotiation has resulted in controversy, it
Exception: Deportation of Illegal and undesirable aliens
merely refers to a ministerial duty which COMELEC has
following the final order of deportation. [Qua Chee Gan v.
performed in its administrative capacity in relation to
Deportation Board]
the conduct of elections ordained your Constitution. It
only discharged a ministerial duty; it did not exercise any
There are two ways of Deporting:
judicial function. Such being the case, it could
a) By Commissioner of Immigration [CA 617, Sec. 37];

b) b) By the President after due investigation [Admin. Code. • Sec. 25 of RA 875, entitled Penalties, provides that any
Sec. 69] person who violates Sec. 3 of this act shall be punished
by a fine of P100-P1000, or by imprisonment of 1 month
• “The Constitution does not distinguish between to 1 year, or both. Any other violation which is declared
warrants in a criminal case and administrative warrants unlawful shall be punished by a fine ranging from P50-
in administrative proceedings.” [Qua Chee Gan v. P500 for each offense, at the court’s discretion. The
Deportation Board] above provision is general in nature since it doesn’t
specify the “court” that may act when the violation
charged calls for the imposition of the penalties. The
• The warrants of arrest issued by the Commissioner are word ‘court’ cannot refer to the CIR, for to give that
void because: (a) the arrests were not administrative meaning would be violative of the safeguards
arrest that are valid but instead were for the sole guaranteed to every accused by the Constitution.
purpose of investigation and before a final order of [Scoty’s Department Store v. Micaller]
deportation had been issued, where the brothers had
been ordered exactly for the purpose of showing cause
why they should not be deported. The consequence • Though it is true that the power to impose fines is
of such orders of arrest is the operation of a judicial function, administrative agencies empowered
the Constitutional limitation that (b) the power by legislation to regulate certain sectors are empowered
to determine probable cause for warrants of arrest is to impose administrative fines. [Civil Aviation Board v.
limited to judges exclusively. [Vivo v. Montesa] PAL]

• Under Sec. 13(3), Art. XI of the 1987 Constitution, the

• The arrest of a foreigner, which is necessary to carry into “recommendation” of Ombudsman after investigation is
effect the power of deportation, is valid only when, as not merely advisory but binding and mandatory. The
already stated, there is already an order of deportation. Ombudsman can determine the administrative liability
To carry out the order of deportation, the President of a public official or employee and direct and compel
obviously has the power to order the arrest of the the head of the office or agency concerned to implement
deportee But, certainly, during the investigation, it is not the penalty imposed. [Ledesma vs. CA (2005)]
indispensable that the alien be arrested. [Santos v.
• Camara has been charged with a crime for his refusal to
1. Interest of Law and Order
permit housing inspectors to enter his leasehold without
2. Public Interest
a warrant. There was no emergency demanding
3. Justice, Equity, and substantial merits of the case
immediate access; in fact, the inspectors made three
4. What is moral, and educational?
trips to the building in an attempt to obtain Camara’s
5. What is sacrilegious?
consent to search. Camara had a constitutional right to
6. Adequate and efficient instruction
insist that the inspectors obtain a warrant to search and
7. Reasonableness as an implied standard
that appellant may not constitutionally be convicted for
8. To promote simplicity, economy or efficiency
refusing to consent to the inspection. [Camara v.
9. Maintain monetary stability
Municipal Court]
VI. Writs of Execution
• The businessman, like the occupant of a residence, has General Rule: Administrative agencies performing quasi-
a constitutional right to go about his business free from judicial functions have the implied power to issue writs of
unreasonable official entries upon his private execution. When the law is silent, presume that the agency
commercial property. (See v. Seattle) has the power to enforce its decisions emanating from its
Quasi-Judicial powers.
Imposition of Fines and Penalties
TEST FOR VALID IMPOSITION: Exception: When the enabling law expressly provides
1. Subject matter must be within the control of otherwise.
Note: If the law is silent, presume that the agency has the
2. Penalty is administrative or civil NOT criminal power to enforce its decisions emanating from its quasi
judicial powers. [Apolega vs. Hizon]
3. Must be expressly conferred to an administrative
official. [Oceanic v. Stranahan]


A license is a special privilege, permission or authority to do
what is within the terms. It is not in any way permanent,
Fact-finding Power vested or absolute. A license granted by the state is
A statute may give to non-judicial officers: revocable. As a consequence of the power to grant licenses,
1. Power to declare the existence of facts which call into the State and its instrumentalities have the power to revoke
operation the statute’s provisions it. The absence of an expiry date does not make it perpetual,
2. May grant them and their subordinate officers the and it cannot last beyond the life of the basic authority under
power to ascertain and determine appropriate facts as a which it was issued. (Gonzalo Sy v. Central Bank of the
basis of procedure in the enforcement of laws Philippines)
3. Functions incidental to the exercise of power granted by
law to clear navigable streams of unauthorized Notice and hearing in licensing is only required if it is a
obstructions. They can be conferred upon executive CONTESTED case. Otherwise, it can be dispensed with.
officials provided the party affected is given the
opportunity to be heard. [(Lovina v. Moreno (1963)] Rate-fixing Power

Investigative Power Admin. Code SEC. 9, Public Participation

… (2) In the fixing of rates, no rule or final order shall be valid unless
Administrative agencies’ power to conduct investigations and the proposed rates shall have been published in a newspaper of
hearings, and make findings and recommendations thereon general circulation at least two (2) weeks before the first hearing
is inherent in their functions is as administrative agencies. thereon.

It includes power to inspect the records and premises, and

investigate the activities of persons or entities coming under
its jurisdiction, or to secure, or to require the disclosure of Admin. Code Sec. 2
information by means of accounts, records, reports, (3)"Rate" means any charge to the public for a service open to all
statements, testimony of witnesses, production of and upon the same terms, including individual or joint rates, tolls,
classifications, or schedules thereof, as well as commutation,
documents, or otherwise.
mileage, kilometerage and other special rates which shall be
imposed by law or regulation to be observed and followed by any
Licensing Power person.

Admin. Code Sec. 17. Licensing Procedure.

When the grant, renewal, denial or cancellation of a license is
required to be preceded by notice and hearing, the provisions Note: Generally, the power to fix rates is a quasi-legislative
concerning contested cases shall apply insofar as practicable. function. It only becomes judicial when the rate is applicable
only to an individual.
Except in cases of willful violation of pertinent laws, rules and
regulations or when public security, health, or safety require
otherwise, no license may be withdrawn, suspended, revoked or The Administrative Code specifically requires notice and
annulled without notice and hearing. public hearing in the fixing of rates.

• The power to fix rate cannot be delegated to a common

carrier or other public service. The latter may propose
Admin. Code Sec. 18. Non-expiration of License new rates, but they will not be effective without the
Where the licensee has made timely and sufficient application for approval of administrative agency. [KMU vs. Garcia]
the renewal of a license with reference to any activity of a continuing
nature, the existing license shall not expire until the application • In fixing rate, the ff. must be considered:
shall have been finally determined by the agency.
1. The present valuation of all the property of a public
2. The fixed assets.
Admin. Code Sec. 2
(10)"License" includes the whole or any part of any agency permit,
certificate, passport, clearance, approval, registration, charter,
membership, statutory exemption or other form of permission, or
regulation of the exercise of aright or privilege.

(11)"Licensing" includes agency process involving the grant, renewal,

denial, revocation, suspension, annulment, withdrawal, limitation,
amendment, modification or conditioning of a license.

4. DETERMINATIVE POWER 15 injury as a result of the governmental act that is being

It is the power of administrative agencies to better enable
them to exercise their quasi‐judicial authority.
The technical rules on standing comes from the general
doctrine of separation of powers as there is a need for
Determinative Powers consist of: an actual case or controversy before judicial
1. Enabling review becomes available.
Permits the doing of an act which the law
undertakes to regulate and which would be 3. Whether the forum is a proper forum
unlawful without government approval.

Ex. Issuance of licenses to engage in a particular 4. Whether the timing for the filing of the case is proper
5. Whether the case is Ripe for adjudication
2. Directing
Orders the doing or performance of particular acts EXTENT OF JUDICIAL REVIEW
to ensure the compliance with the law and are A. Question of Law
often exercised for corrective purposes.
A question of law exists when the doubt or controversy
concerns the correct application of law or jurisprudence to a
3. Dispensing
certain set of facts; or when the issue does not call for an
To relax the general operation of a law or to exempt
examination of the probative value of the evidence
from general prohibition, or to relieve an individual
presented, the truth or falsehood of facts being admitted.
or a corporation from an affirmative duty.
Administrative decisions may be appealed to the courts
4. Examining independently of legislative permission. It may be appealed
This is also called investigatory power. It requires even against legislative prohibition because the judiciary
production of books, papers, etc., the attendance cannot be deprived of its inherent power to review all
of witnesses and compelling their testimony. decisions on questions of law.

5. Summary What may be questioned?

Power to apply compulsion or force against persons 1. Constitutionality of the Statute creating the agency and
or property to effectuate a legal purpose without granting its powers;
judicial warrants to authorize such actions. 2. Validity of the agency action if this transcends the limit
established by law;
Ex. Abatement of nuisance, summary destraint, 3. Correctness of the agency’s interpretation and
levy of property of delinquent tax payers application of the law.

D. JUDICIAL RECOURSE • Any action of the Director of Lands which is based upon
a misconstruction of the law can be corrected by the
AND REVIEW courts. The question of law herein is Ortua’s citizenship.
[Ortua v Singson Encarnacion]

1. Whether the enabling law permits judicial review • “[A] decision rendered by the Director of Lands and
When the law is silent, generally, judicial review is approved by the Secretary upon a question of fact is
available. Since administrative agencies have a narrower conclusive and not subject to be reviewed by the
view of the case, and its existence derogates the judicial courts.” But this does not apply when the decision of the
prerogative lodged in the courts by the constitution, Director was NOT approved, but was revoked by the
judicial review is needed to offer these considerations. Secretary. [Mejia v. Mapa]

2. Whether the parties has legal standing

Means a personal and substantial interest in the case
such that the party has sustained or will sustain direct • The argument against “majority” is contrary to the
findings of fact of the lower court, which was based on a

15 Nachura

list of the salesmen or agents affiliated to the Union. Court shall deem conclusive and cannot be compelled to
Hence, said findings may not be disturbed in this overturn this particular factual finding. [German Marine
proceeding for review by certiorari. [Ysmael v. Santos] Agencies v. NLRC]

C. Question of Discretion

• The determination of W/N the accident arose out of, or Discretionary Ministerial
in the course of Valek’s employment is a question of law
Power or right conferred upon A response to a duty which has
that is cognizable by the courts. The question of whether agencies to act officially under been positively imposed by law
or not an employer-employee relationship existed certain circumstances according and its performance required at
between Valek and BPMI is also a question of law. All to the dictates of their own a time and in a manner or upon
that is required is that the "obligations or conditions" of judgment and conscience and conditions specifically
employment create the "zone of special danger" out of not controlled by the judgment designated. Not dependent
which the injury arose. [O’Leary v. Brown Pacific Maxon] of others upon the officer’s judgment or
B. Question of Fact
Power to make a choice among Nothing is left to discretion. It is
A question of fact exists when the doubt or difference arises permissive action or policies. a simple definite duty arising
as to the truth or falsehood of facts or when the query invites Person or persons exercising it under conditions admitted or
calibration of the whole evidence considering mainly the may choose which of several proved to exist
credibility of the witnesses, the existence and relevancy of courses of action should be
specific surrounding circumstances, as well as their relation
to each other and to the whole, and the probability of the
situation. Reviewing courts can look into determinations of
fact by lower courts ONLY if the same are unsupported by General Rule: Courts have no power to substitute their own
substantial evidence. Questions of law, however, are always judgments with that of the administrative official because it
reviewable by higher courts. is a recognition of the expertise of the agency.
General Rule: Finality is attached to findings of fact of some Exception: When there is grave abuse of discretion.
agencies when these findings are supported by substantial
evidence and as long as there is no grave abuse of discretion. Grave abuse of discretion is present “when there is a
capricious and whimsical exercise of judgment as is
Exception: If findings are not supported by substantial equivalent to lack of jurisdiction, such as where the power
evidence. Question of fact is raised when the issue involved is exercised in an arbitrary or despotic manner by reason of
is: passion or personal hostility, and it must be so patent and
1. W/N a certain thing exists; or gross as to amount to an evasion of positive duty or to a
2. W/N an event has taken place; or virtual refusal to perform the duty enjoined or to act at all
3. Which versions of events, among 2 or more, are correct
in contemplation of law.” In other words, the tribunal or
administrative body must have issued the assailed decision,
• Employees were dismissed for pilferage. Substantial order or resolution in a capricious or despotic manner.
evidence rule is that findings of fact will not be disturbed [Duco v. COMELEC]
on appeal as long as they are supported by substantial
evidence. [Gonzales v. Victory Labor Union]

• Just because there was a difference or erroneous

appreciation of the competing facts
• The SC is bound by the finding of facts of the CTA, which presented before the officer, the court will not
enjoys wide discretion in construing tax statutes. The substitute its judgment with that of the PSC. No grave
CTA is dedicated exclusively to the study and abuse of discretion is present. The only time when it
consideration of tax problems and has necessarily could be reversed (1) such order is without reasonable
developed an expertise on the subject. The CTA’s support in evidence (2) such was rendered in violation of
determination of insulating oil as within the meaning of the law. [Laguna Tayabas Bus v. PSC]
insulators is thus accorded respect. [Acting
Commissioner v. Meralco]
• Whether or not petitioners actually paid the balance of
the sickness wages to private respondent is a factual
question. In the absence of proof that the labor arbiter There is a concurrence of jurisdiction between the court and
or the NLRC had gravely abused their discretion, the the administrative agency such that there is a choice as to

which body the relief shall be sought. This doctrine does not administrative body for its view. (Industrial Enterprises
apply where the law grants exclusive jurisdiction to a body. v. CA)

1. Admin body and regular court have concurrent and D.2. EXHAUSTION OF ADMINISTRATIVE
original jurisdiction REMEDIES
2. Question to be resolved requires expertise of This doctrine calls for resort first to the appropriate
administrative agency administrative authorities in the resolution of a controversy
falling under their jurisdiction and must first be appealed to
3. Legislative intent on the matter is to have uniformity in the administrative superiors up to the highest level before
rulings. the same may be elevated to the courts of justice for review.

4. Administrative agency is performing a quasi-judicial Reasons:

function not rule making or quasi-legislative function. 1. To enable the administrative superior
to correct the errors committed by
Doctrine is inapplicable when: their subordinates.
1. Agency has exclusive jurisdiction 2. Courts should refrain from disturbing the findings of
administrative bodies in deference to the doctrine of
2. Issue is not within the competence of the admin body to separation of powers.
act on 3. Courts should not be saddled with the review
of administrative cases
3. Issue involved is clearly a factual question.
Exceptions (Laguna CATV Network v. Maraan):
a. Violation of due process
• Courts will not intervene if the question to be resolved b. When there is estoppel on the part of the administrative
is one which requires the expertise of administrative agency concerned
agencies and the legislative intent on the matter is c. When the issue involved is a purely Legal question
to have uniformity in the rulings. It can only occur where d. When there is Irreparable injury
there is a concurrence of jurisdiction between the court e. When the administrative action is patently illegal
and the administrative agency. It is a question of the amounting to lack or excess of jurisdiction
court yielding to the agency because of the latter’s f. When the respondent is a Department Secretary whose
expertise, and does not amount to ouster of the court. acts as an Alter ego of the President bears the implied
[Texas v. Abilene] and assumed approval of the latter
g. When the subject matter is a private land case
• Doctrine of Primary Jurisdiction does not apply when the h. When it would be Unreasonable
questions are purely legal; administrative agencies have i. When no administrative review is provided by Law
no competence to act on such questions. The doctrine j. When the rule does not provide a Plain, speedy, and
only calls for application when there is such competence adequate remedy
to act on the part of an administrative body. [Phil Global k. When the issue of non-exhaustion of administrative
Communications v. Relova] remedies has been rendered Moot
l. When there are circumstances indicating the Urgency of
judicial intervention
• However, if the case is such that its determination m. When it would amount to a nullification of a claim; and
requires the expertise, specialized skills and knowledge n. Where the rule of qualified political agency applies.
of the proper administrative bodies because technical
matters or intricate questions of facts are involved, then
relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the
courts even though the matter is within the proper ADMINISTRATIVE DECISIONS
jurisdiction of a court. This is the doctrine of General rule: The courts will not interfere with the decision
primary jurisdiction. It applies "where a claim is of administrative bodies or officials in their exercise of their
originally cognizable in the courts, and comes into administrative functions.
play whenever enforcement of the claim requires the
resolution of issues which, under a regulatory scheme, Exceptions:
have been placed within the special competence of an 1. Has gone beyond his statutory authority
administrative body, in such case the judicial process is 2. Exercised unconstitutional powers
suspended pending referral of such issues to the

3. Clearly acted arbitrarily and without regard to his duty

or with grave abuse of discretion
4. The decision was vitiated by fraud, imposition or
5. When judicial review is valid despite finality of
Administrative decisions
6. Decision is wrong
7. Lack of Jurisdiction
8. Not based upon any reasonable interpretation of law.