Escolar Documentos
Profissional Documentos
Cultura Documentos
Administrative Law
By Asst. Ombudsman Rodolfo M. Elman, CESO lll Ateneo de Davao Law School
Republic of the Philippines (or GRP) as distinguished from National Government *Bacani vs. NACOCO * CB vs. Ablaza Are GOCCs embraced in the term GRP? instrumentality as defined in EO 292 Status of the Manila International Airport Authority (MIAA vs. CA, 495 SCRA 592)
The doctrine applies only whenever it is the court and the administrative agency which have concurrent jurisdiction. The doctrine is inapplicable where there is concurrence of jurisdiction between two disciplining authorities over a case.
Claims/cases over which the HLURB has exclusive jurisdiction (Sec.1, PD 1344) CT Torres vs. Hibionada, 191 SCRA 268 (specific performance for delivery of CT) Home Bankers vs. CA, 547 SCRA 167 (declare void a mortgage of lot xxx and annul a foreclosure sale) Cadimas vs. Carrion, 567 SCRA 103 (mere allegation of relationship bet. owner and buyer: no automatic jurisdiction)
Quasi-Judicial Power
express empowerment by law; merely incidental and in aid of main function the action or discretion to investigate facts and draw conclusions from them as basis for their official action involves: a) taking and evaluating evidence; b) determining facts based upon the evidence presented; and c) rendering an order or decision supported by the facts proved.
Sanado vs. CA, 356 SCRA 546 (Action of POEA to grant, deny, suspend,or revoke license of any private placement agency) Eastern Telecom vs. Intl Communication Corp., 435 SCRA 55 (power of NTC to issue CPCN) Balangauan vs. CA, 562 CRA 186 (A PI is not a quasi-judicial proceeding, and DOJ is not a quasi-judicial agency when it reviews findings of the prosecutor re presence of probable cause) UP Board of Regents vs. CA, 313 SCRA 404 (Board empowered to withdraw conferment of degree founded on fraud). Carino vs. CHR, 204 SCRA 483 (Fact-finding is not adjudication) 2001 BQ
Cases
Cases
General rule: certificate must be signed by all plaintiffs in a case; exception (HLC Construction vs. Emily Homes Homeowners Assn., 411 SCRA 504) Appellate court finds merit or compelling reason for non-compliance with the rule (Ombudsman vs. Valera, 471 SCRA 719) Rule not applicable to agency not exercising judicial or quasi-judicial function (Cabarrus vs. Bernas, 279 SCRA 388) or the cases do not raise identical causes of action (Velasquez vs. Hernandez, 437 SCRA 358)
Quasi-Legislative Power
A relaxation of principle of separation Requirements for validity of rules If issued in excess of rule making authority, no binding effect upon the courts; treated as mere administrative interpretations of the law Mere absence of implementing rules cannot effectively invalidate provisions of law, where a reasonable construction may be given Statute authorizing Pres. to suspend
Cases
Phil. Bank of Communications vs. Commissioner of Internal Revenue, 302 SCRA 241 (Rev. Memo Circular 7-85 inconsistent with the NIRC) Ople vs. Torres, 293 SCRA 141 (AO 308 providing for adoption of a national computerized identification reference system) Dadole vs. COA, 393 SCRA 272 (LBC of DBM setting a maximum limit to additional allowances to be given by LGU to national govt officials)
Lupangco vs. CA, 160 SCRA 848 (PRC resolution prohibiting attendance in accountancy review classes) Confederacion National vs. Quisumbing, 26 January 1988 (MECS Order phasing out Spanish) Sand vs. Abad Santos Educational Inst., 18 July 1980 (Board of Examiners for Nursing regulation for period inspection)
Review Center vs. Exec. Secretary, 583 SCRA 428 (EO 566 authorizing the CHED to supervise the operation of all review centers vis--vis RA 7722) KMU vs. Director General, 487 SCRA 623 (EO 420 directing all government agencies to adopt a unified multi-purpose ID system) British American Tobacco vs. Camacho, 562 SCRA 519 (Revenue issuance empowering the BIR to reclassify cigarette brands) Romulo & Mabanta vs. HDMF, 333 SCRA 777 (HDMF Board Regulations providing both provident/retirement and housing benefits vis-vis RA 7742)
Fiscal Autonomy
entails freedom from outside control ad limitations, other than those provided by law; recognizes the power to levy, assess and collect fees, fix compensation rates not exceeding the highest rates authorized by law and allocate and disburse such sums as may be provided by law or prescribe by them in the discharge of their functions; formulate and implement their organizational structure and compensation of their personnel.
Cases
CHREA vs. CHR, 444 SCRA 300 (upgrading/creation of FMO and PAO in CHR) CHREA vs. CHR, 496 SCRA 227 (privilege of having its approved annual appropriations released automatically and regularly, but not fiscal autonomy in its extensive sense) CSC vs. DBM, 22 July 2005 (no report, no release DBM policy; P5.8M withheld amount) Re: Clarifying 481 SCRA 1 (DBM has no authority to downgrade SC positions/salary grades)
Guidelines in resolving disputes re interpretation by an agency of its rules (Eastern Telecom vs. ICC, 481 SCRA 163) Non-effectivity of SEC 1990 Circular re applicable filing fee at time of PICOP filing of request (SEC vs. PICOP, 566 SCRA 453) Requisites for validity of admin rules and regulations; Art. 2, Civil Code What need to be published?
Cases
Phil. International Trading vs. COA, 309 SCRA 177 (DBM Circular disallowing payment of allowances) Philsa International Placement Corp. vs. Labor Secretary, 356 SCRA 174 (POEA Circular not filed with the National Administrative Register cannot be basis for imposition of administrative sanctions; a requisite under Secs. 3 & 4, Bk Vll, EO 292) Honasan vs. DOJ Panel, 13 April 2004 (OMBDOJ Joint Circular 95-01 an internal circular)
Republic vs. Express Telecom, 373 SCRA 317 (1978 NTC Rules to apply in the grant of provisional authority to BayanTel despite filing of 1993 Revised Rules with UP Law Center. The National Admin Register is merely a bulletin of codified rules) SEC vs. GMA Network, 575 SCRA 113 (SEC Circular imposing a filing fee for amendments extending corp. existence needs to be published as it implements mandate of RA 3531 and it affects public)
Approval in a TRB resolution of provisional rates of public utilities without hearing and by TRB Directors who did not attend personally the hearing (Padua vs. Ranada, 390 SCRA 666) Independent consideration of law and facts, and not simply rely on dispositive portion of PCAGC Reso (DOH Secretary vs. Camposano, 457 SCRA 440) Decision prepared by a SP Member (Malinao vs. Reyes, 255 SCRA 616)
Singson vs. NLRC, 274 SCRA 358 (Labor Arbiter Aquino promoted to Commissioner as reviewing officer) Tejano vs. Ombudsman, 462 SCRA 568 Republic vs. Express Telecom, 373 SCRA 319 (NTC order reviving archived application of BayanTel) CSC vs. Lucas, 301 SCRA 560 (respondent must be duly informed of charge)
Procedural vs. substantive due process Ruivivar vs. Omb., 565 SCRA 325 (opportunity, on filing MR, to be heard) Gaoiran vs. Alcala, 444 SCRA 420 (unverified complaint filed w/ CHED) NPC vs. NLRC, 272 SCRA 707 (service of summons or order on OSG)
Lumiqued vs. Exevea, 282 SCRA 125 (assistance of counsel in admin proceedings, not absolute requirement) Jurisdiction acquired at time of filing not lost by cessation in office of respondent during pendency of his case Instances of admin determination where notice and hearing are not necessary
Increase in water rates, review by LWUA (Merida Water Dist. vs. Bacarro, 567 SCRA 204) Third party claim questioning the validity of levy in the labor case (Deltaventures Resources vs. Cabato, 327 SCRA 522) OSP a component of OMB (Ombudsman vs. Valera, 471 SCRA 717) RSP has administrative supervision, not control, over CPs and PPs (Aurillo vs. Rabi, 392 SCRA 604) Protests re CARP implementation under exclusive jurisdiction of DAR Secretary (DAR vs. PCPI, 564 SCRA 80)
Cases
Appeal the reassignment order of RM to NIA Administrator and to CA (Corsiga vs. Defensor, 391 SCRA 274) Appeal the monetary award of the DOLE Reg. Director to the Labor Secretary (Laguna CATV vs. Maraan, 392 SCRA 226) Submission of dispute to Lupon for amicable settlement under Sec. 408 LGC (Berba vs. Pablo, 474 SCRA 686) Appeal the LLDA Order re payment of penalty to the DENR Secretary in view of the transfer of LLDA to DENR for admin supervision (Alexandra Condo Corp. vs. LLDA, 599 SCRA 453)
Precepts to remember!
Instances where a prior MR is unnecessary Similarity/Distinction between doctrine of exhaustion of admin remedies and doctrine of primary jurisdiction Commonality/Distinction between exhaustion of admin remedies and due process concept
Delegation of duties of Department Secretaries as members of NPB (NPC Drivers and Mechanics Assn. vs. NPC, 503 SCRA 138) DENR Secretarys Order transferring regional office from Cotabato City to Koronadal City (DENR Sec. vs. DENR Employees, 409 SCRA 359)
Cases
Presidents directive for development of housing project w/o DENR authorization (Chavez vs. NHA, 530 SCRA 241)
Distinguishing power of control from power of supervision (Bito-onon vs. Fernandez, 350 SCRA 732)
Findings of Facts
General rule and exceptions Bautista vs. Araneta, 326 SCRA 234 (tenancy issue) Fabian vs. Agustin, 14 February 2003 (conflicting factual findings) Matuguina Wood Products vs. CA, 263 SCRA 508
Evidentiary or factual matters not proper grounds in a petition for certiorari under Rule 65 Requisites for petition for certiorari to proper (Alexandra Condo. Corp. vs. LLDA, 599 SCRA 455) All errors or decisions of admin bodies involving questions of law subject to judicial review under Sec. 5 (2e), Art. Vlll of Constitution Mixed questions of facts and law are subject to judicial review (Doctrine of Assimilation of Facts)
Immunities
Admin bodies cannot grant criminal and civil immunities to persons unless the law explicitly confers such power PCGG under EO 14A Apply Art 2028, Civil Code: amicable settlement in civil cases applicable to PCGG cases OMB under Sec. 17 of RA 6770
Three-fold Responsibility
Remedies may be invoked separately, alternately, simultaneously or successively Rule: Admin cases are independent from criminal cases Exception: Law expressly provides for prior final admin determination (Chua vs. Ang, 598 SCRA 232)
Hierarchy of evidentiary values A criminal prosecution will not constitute a prejudicial question even if the same facts are attendant in the admin proceedings (Gatchalian Talents Pool vs. Naldoza, 315 SCRA 406) Administrative offenses do not prescribe (Floria vs. Sunga , 368 SCRA 551) Sec. 20 of RA 6770 refers not to prescription but the discretion given to the OMB.
Desistance will not automatically result to dismissal of admin case. Complainant is a mere witness xxx Rule on anonymous complaints Doctrine of Forgiveness or Condonation Doctrine cannot benefit appointive officer seeking elective office (Omb vs. Torres, 566 SCRA 365)
Gen. Rule: Decisions of admin agencies have, upon their finality, the binding effect of a final judgment w/in purview of res judicata doctrine. Exceptions: a. supervening events make it imperative to modify a final judgment b. its application would sacrifice justice to technicality c. waiver of parties/not timely raised as a defense d. issue of citizenship
PNP
Sec. 6, Art. XVl of 1987 Constitution Power of PLEB to dismiss PNP members upon citizens complaint under Sec. 42 of RA 6975 concurrent with PNP Chief/regional directors under Sec. 45 Appellate jurisdiction of NAPOLCOM thru NAB and RAB Appeals from decision of NAPOLCOM should be with DILG and then with CSC
Criminal cases involving PNP members are w/in exclusive jurisdiction of regular courts. Courtsmartial are not courts
Power to appoint chief of police in the LGU (Andaya vs. RTC, 319 SCRA 696) Exercise of police powers reserved for uniformed PNP personnel; RA 5750 superseded by RA 6975 (Alunan vs. Asuncion, 323 SCRA 623)
AFP
An Act Strengthening Civilian Supremacy over the Military by Returning to Civil Courts the Jurisdiction over Certain Offenses involving AFP Members, Other Persons Subject to Military Law (RA 7055) General Rule: AFP members who commit crimes penalized under RPC, other special penal laws, or local ordinances shall be tried by the proper civil court.
Exception: Where the civil court, before arraignment, has determined the offense to be service connected, then the offending soldier shall be tried by a court martial. Exception to the exception: Where the President, in the interest of justice, directs before arraignment that any such crime shall be tried by the proper civil court. Lt. Gonzales et al vs. Abaya, 498 SCRA 446 *Necessity of delineation of jurisdiction between civil courts and courts martial
Gen. Rule: OSG represents the govt and its instrumentalities. ~Actions in the name of the RP or its instrumentality, if not initiated by the SolGen, will be summarily dismissed. Exceptions: 1. When the govt office is adversely affected by contrary stand of OSG (Orbos vs. CSC, 12 Sept. 1990) 2. SolGen deputizes legal officers xxx (Sec. 35, Ch. 123. Bk lV, EO 292)
Gen. Rule: SolGen can represent a public official in all civil, criminal and special proceedings when such proceedings arise from the latters acts in his official capacity. Exception: Such official or agent is being charged criminally or being sued civilly for damages arising from a felon.
Cases
Telcom Dir. Pascual vs. Judge Beltran, 505 SCRA 559 Urbano vs. Chavez & Co vs. Chavez, 183 SCRA 347 NPC vs. NLRC, 272 SCRA 706 (proper basis for computing the reglementary period to file an appeal) Republic vs. Desierto, 389 SCRA 452 (petition under Rule 65 by RP thru PCGG w/o OSG participation re OMB dismissal of graft case vs. Cojuangco et al.)
Referral of certain complaints to the proper disciplinary authority (Sec. 23(2), RA 6770) Magna Carta Act for Public School Teachers (RA 4670) Higher Education Modernization Act (RA 8282) *CSC vs. Sojor, 05/22/08
Penalty
The penalty of dismissal from the service carries with it cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service. Exception: entitled to leave credits earned
Preliminary Investigation
DOJ prosecutors may investigate cases against public officials in their capacity as either Deputized Ombudsman Prosecutors or regular prosecutors. However, the choice has been made in favor of the former capacity (as Deputized OMB Prosecutor) in the OMB-DOJ Joint Circular No. 95-01, which together with AO No. 08, provides for automatic deputization. OMB retains control and supervision if charge is related to office. DOJ Prosecutors rule with finality if charge is not related to office.
The fact that petitioners accounts and vouchers had passed in audit is no ground to enjoin the fiscal from conducting PI to determine their criminal liability for malversation. A finding of probable cause does not derive its veracity from the COA findings but from the OMBs independent determination (Dimayuga vs. OMB, 20 July 2006).
Preventive Suspension
Section 13, RA 3019 Nature: mandatory after determination of validity of information
COA
Constitutional mandate Coverage of COAs jurisdiction COA and Central Bank have concurrent jurisdiction to examine and audit govt banks, but COA audit prevails for 2 reasons xxx Entitlement of informers reward as determined by BIR and DOF, although conclusive on the executive agencies, is not binding on COA (Commissioner of Internal Revenue vs. COA, 218 SCRA 204)
COA cannot payment of back wages to employees, w/c had been decreed pursuant to a final CSC decision (Cagatin vs. COA, 21 March 2000) COA disallowance of extension of foreign consultants services (NHA vs. COA, 226 SCRA 65) COA classification as to who were entitled to the social amelioration benefits (Cruz vs. COA, 368 SCRA 85)
PCGG
Empowered to bring proceedings for forfeiture of property allegedly acquired unlawfully before Feb. 25, 1986; those acquired after that date is vested in OMB. Ramas position as Commanding General of the Phil. Army not sufficient (Republic vs. Sandiganbayan, 407 SCRA 13) Sec. 4(b) of EO 1 declared unconstitutional (Sabio vs. Chair Gordon, 504 SCRA 704)
Central Bank
Actions of the MB in proceedings on insolvency are final and executory and may not be set aside except upon convincing proof the action is plainly arbitrary and made in bad faith. Close now and hear later policy ~no prior notice and hearing required ~prerequisites to MB action to close down a bank and appoint receiver ~rationale
Agrarian dispute: any tenurial arrangement leasehold, tenancy, stewardship or otherwise over lands devoted to agriculture. Tenancy relation cannot be extinguished by mere expiration of period in leasehold contract; or by the sale, or transfer of legal possession of the land. Home lot is incident to a tenants rights, even if constituted on residential lot of landowner and not on the farm.
end