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2. CONDUCT OF INVESTIGATION Camara – refused to allow the inspection because the inspector lacked search
Principle # 2: due process rights of notice and hearing may be invoked at evaluation warrant.
stage of extradition proceedings. HELD:
SEC. OF JUSTICE v LANTION a. There was no emergency demanding immediate access; in fact, the
inspectors made three tips to the building in an attempt to obtain Camara’s
Facts: consent to the search.
Sec. Franklin Drilon – formed a panel to evaluate the request for extradition by the b. Yet no warrant was obtained and thus Camara was unable to verify either
US government of Mark Jimenez, who is wanted in the US for various crimes. the need for or the appropriate limits if the inspection.
a. one will search in vain the RP-US Extradition Treaty, the Extradition Law Salazar – requested POEA that the personal properties seized be immediately
(PD 1069), as well as American jurisprudence and procedures in returned in the ground that said seizure violate Sec. 2, Art 3 of the Phil. Consti
extradition, for any prohibition against the confinement of two basic due which guarantees right of the people “to be secure in their perons, houses, papers,
process rights of notice and hearing during the evaluation stage of the and effects against unreasonable searches and seizure of whatever nature and for any
extradition proceedings. purpose.” Before POEA could act on the request, Salazar filed suit for Prohibition
b. Jimenez does not only face clear and present danger of loss of property or with SC.
employment, but of liberty as itself, which may eventually lead to his HELD:
forcible banishment to a foreign land. a. The Sec. of Labor (or the POEA Administrator), not being a judge may no
longer issue search or arrest warrants.
3. INSPECTION AND EXAMINATION b. Art. 38, par c of LC, empowering Labor Secretary to issue search and
Principle # 1: no search is required but inspection must be conducted during arrest warrants in illegal recruitment cases is declared unconstitutional.
reasonable hours.
CAMARA v MUNICIPAL COURT 4. ACCOUNTS, RECORDS, REPORTS, or STATEMENTS
Principle: accounts, records, reports, or statements may be required to be delivered
Facts: and deposited with admin body at the hearing.
Camara – was a lessee of the ground floor of an apartment building. CATURA v CIR
San Francisco Health Department – received information that Camara, was using the Facts:
Pablo Catura and Luz Salvador – President and Treasurer, respectively, of Phil. subpoena power of PARGO is confined to mere quasi-judicial or
Virginia Tobacco Admin Employees Assoc (PVTAEA), were charged before the adjudicatory functions would inactive the Agency in its investigatory
CIR with “unauthorized disbursement of union funds.” functions.
CIR – required Catura and Salvador to deliver and deposit all Assoc’s books of 6. HEARING
accounts and other documents related to finances of the union. Principles: in admin investigation, formal or trial-type hearing is not required.
OFFICE of COURT ADM. V CANQUE
Catura and Salvador – filed MR on the grund that the order was beyond the power
CIR to issue. Facts:
HELD: Sylvia Canque (Clerk of Court of Cebu) – was arrested by NBI after an entrance
a. All that the challenged order did was to require said union officers to operation. SC treated the NBI entrapment as admin complaint for grave misconduct.
“deliver and deposit” with CIR all docs related to its finances at the Case was referred to OCA for investigation, report and recommendation. SC, upon
hearing. recommendation of OCA, reassigned case to RTC-Cebu for investigation, report and
b. The docs required to be purchased constitutes evidence of the most solid recommendation.
character as to WON there was a failure to comply w the mandates of the
law. Investigating Judge – found Canque guilty of grave misconduct and recommended
penalty of dismissal.
5. ATTENDANCE OF WITNESSES
Principles: it is common for statues to confer such powers on admin agencies. OCA – recommended that Report of Investigating Judge be set aside and complaint
EVANGELISTA v JARENCIO be reinvestigated upon finding that Canque was not informed of her right to be heard
by herself and counsel during the investigation which allegedly amounted to denial
Facts: of her right to due process.
Presidential Agency on Reforms and Govt Operations (PARGO) – created through HELD:
EO 4, with power to investigate immoral practices, graft and corruptions, and to
investigate any public official or employee. Further, it is vested w power to summon a. The essence of due process is that a party be afforded reasonable
witnesses, administer oaths, take testimony or evidence relevant to its investigation. opportunity to be heard and to presented any evidence he may have in
support of his defense.
Uses. Quirico Evangelista – issued subpoena to Fernando Manalastas, Public Sercice b. Technical rules of procedure and evidence are not strictly applied to admin
Officer of Manila. proceedings. Thus, admin due process cannot be fully equated w due
process it its strict judicial sense. A formal or trial-type hearing is not
Manalastas – instead of obeying subpoena, filed w CFI-Manila Pet for prohibition required.
contenting that Pargo’s subpoena power is exercisable when it is performing quasi-
judicial or adjudicatory function. Contempt Proceedings
Principle No. 1 Power to punish contempt must be
Judge Hilarion Jarencio – granted the Pet. Thus, Usec. Evangelista went to SC. expressly granted to administrative
HELD: body
a. The subpoena is well within the legal competence of PARGO to issue Carmelo v. Ramos
pursuant to EO 4(5) which empowered it to “summon witness...relevant to
the investigation.” Facts:
b. Subpoena power operates in all functions of PARGO. It is not merely Jesus Carmelo – tasked by virtue of an EO issued by the Mayor of Manila to
exercisable in quasi-judicial or adjudicatory function. To hold that head a committee to investigate anomalies involving certain personnel, issued
subpoenas to Armando Ramos, bookkeeper, to appear in connection with an Held:
administrative case but Ramos refused. Carmelo filed in CFI Manila a petition to
declare Ramos in contempt. CFI ruled that there is no law empowering Comelec through task force Maguindanao was exercising its quasi judicial
committees created by municipal mayors to issue subpoenas and demand power in pursuit of truth behind the allegations of massive fraud during the
witnesses to testify under oath elections in Maguindanao
Carmelo – appealed to the SC invoking Sec. 580 RAC “when authority to take To withhold the power to punish individuals who refuse to appear during fact-
testimony or evidence is conferred upon, any.. committee… such authority finding investigation would render nugatory the COMELECS investigative
shall.. comprehend the right to administer oaths and summons witnesses… Any power, which is an essential incident to its constitutional mandate to secure the
one who, without lawful excuse, fails to appear upon summons… shall be conduct of honest and credible elections
subject to discipline as in case of contempt of court…”
Held: Contempt Proceedings
Principle No. 2 When granted, the power to punish
One who invokes Sec. 580 must show he has authority to take testimony or
contempt may be exercised only when
evidence before he can apply to courts for punishment of hostile witness
administrative body is performing
quasi-judicial functions
Nothing in the EO about such grant of power
Masangkay vs. COMELEC
Only power to investigate which does not imply delegation of power to take
testimony or evidence of witnesses whose appearance may be required by due
Facts:
process of law
Benjamin Masangkay (Provincial Treasurer of Aklan) –was charged before the
COMELEC with contempt for having opened 3 ballot boxes containing official
Contempt Proceedings and sample ballots not in the presence of division superintendent of schools,
Principle No. 2 Effectiveness of quasi-judicial power provincial auditor and representatives of NP, LP and Citizen’s Party, as required
hinges on its authority to compel in a COMELEC Resolution
attendance of parties and compel
attendance of parties and their Masangkay – elevated the case to SC contending that even if he can be held
witnesses at hearings guilty of contempt, the decision is null and void for lack of valid power on the
Bedol vs. COMELEC part of the Commission to impose such disciplinary penalty
Held:
Facts:
Comelec task force – tasked to conduct factfinding investigation of allegation of When COMELEC exercises ministerial functions, it cannot exercise the power
fraud and irregularities in the conduct of the May 24, 2007 elections in to punish contempt because such power is inherently judicial in nature
Maguindanao
The resolution which COMELEC tried to enforce and for whose violation the
Lintang Bedol (PES for Maguindanao) – refused to appear during hearing and to charge for contempt was filed against Masangcay merely call for the exercise of
answer questions before the task force. Was found guilty of contempt of the an administrative or ministerial function for they merely concern the procedure
Commission and meted 6 months imprisonment. He filed MR, which was to be followed in the distribution of ballots and other election paraphernalia
denied. He elevated to the SC contending that COMELEC sitting as National among the different municipalities.
Board of Canvassers, was performing administrative not quasi-judicial
functions. He argued that the COMELEC, in that capacity, could not punish him
for contempt
Contempt Proceedings
Principle No. 2 When granted, the power to punish
contempt may be exercised only when
administrative body is performing
quasi-judicial functions
Goairan vs. Alcala
Facts:
Florian Gaoiran (Head Teacher, Angadanan Agro-Industrial College) was
charged by Edmon Castillejo (Administrative officer of the same school), before
the CHED , for mauling him while he was performing his duties. Appended to
the complaint were verified criminal complaints filed by Castillejo and sworn
statements of his witnesses for assault to person in authority. Gaoiran was
preventively suspended for 90 days. He sought reconsideration contending that a
complaint was not under oath citing EO 292
Angel Alcala – dismissed Goairan from service, Gaoiran filed a petition with the
RTC, which ruled in his favor. On appeal, CA reversed RTC.
Held:
The verified complaint that Castillejo filed against Goairan, as well as the sworn
statements of his witnesses could very well be considered as constituting the
complaint against him
Government agency is given wide latitude in the scope of its exercise of its
investigative powers. After all, in administrative proceedings, technical rues of
procedure and evidence are not strictly applied