Administrative Law[1]

7/28/2019 Administrative Law[1]

1/38


2/38

POLITICAL LAW COMMITTEECHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN: Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon,

Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, RosynAlvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

RECOLETOS NOTESCENTRALIZED BAR OPERATIONS 2006Political Law

5.) The law which provides remedies administrative or judicial, tothose aggrieved by administrative acts or decisions;

6.) The law which governs judicial review of or relief againstadministrative acts or decisions;

7.) The rules, regulations, orders and decisions made byadministrative authorities dealing with the interpretation andenforcement of the laws entrusted to their administration; and,

8.) The body of judicial decisions and doctrines dealing with any of the above.

SOURCES OF ADMINISTRATIVE LAW 1.) Constitution2.) Statutes3.) Judicial decisions4.) Rules, regulations, orders, proclamations

CONCERNS

1.) Protection of private rights2.) Delegated powers and combined powers

DISTINCTIONS

Administrative Law

Lays down the rules which shallguide the officers of theadministration in their actionsas agents of the government.

International Law

Cannot be regarded as bindingupon the officers of anygovernment considered in theirrelation to their own governmentexcept in so far as it has beenadopted into the administrativelaw of the state.

Admin LawGives and carries out plan in itsminutest details;

Treats the rights of theindividual from the standpointof the powers of thegovernment employees on thepowers of government andduties of the citizen.

Constitutional LawPrescribes the general plan orframework of the governmentorganization.

Treats of the rights of theindividual; lays stress upon rights


3/38


4/38


5/38

POLITICAL LAW COMMITTEECHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN: Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon,Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran,

Jaynee Dialola



POWERS OF ADMINSTRATIVE AGENCIES

CLASSIFICATIONS OF ADMINISTRATIVE POWER

Quasi-legislative

Power of SubordinateLegislation; permits the body topromulgate rules intended tocarry out the provisions of particular laws.

Public

Quasi-judicial

Power of Adjudication/ Power of investigation; enables theadministrative body to resolve,in a manner essentially judicial,factual and sometimes evenlegal questions to its primarypower of enforcement of thelaw.Private

Powers to be exercised: Express vs. Implied

Only such powers as are expressly granted to it by law, it is likewise a

settled rule that an administrative agency has also such powers as arenecessarily implied in the exercise of its express powers.

QUASI- LEGISLATIVE POWER

Quasi- legislative power- The authority delegated by the law-making body to the administrative

body to adopt rules and regulations intended to carry out theprovisions of the law and implement legislative policy. It possessed thesame legal force and perhaps with even more efficiency than thestatutes they are supposed to implement.

- This is also known as the POWER OF SUBORDINATE LEGISLATION.

Administrative Rule- Agency statement of general applicability that implements or

interprets a law, fixes and describes the procedures in or practicerequirements of an agency, including its regulations.

Rule Making- An agency process for the formulation, amendments, or repeal of a

rule.

5


6/38


Jaynee Dialola



SOURCE The source is the LEGISLATURE through a VALID DELEGATION.

TESTS OF DELEGATION1.) Completeness Test2.) Sufficient Standard Test

QUASI- JUDICIAL POWER

Quasi-judicial powerHas been defined as the administrative authorities to make

determinations of facts in the performance of their official duties andto apply the law as they construe it to the facts so found.

Reason for the exercise of Quasi-judicial powerEven if not judges, administrative officers can interpret and

apply the law to the facts as ascertained by them because thisfunction is necessary to the discharge of their primary function of regulation.

SOURCE

It is INCIDENTAL to the POWER OF REGULATION rested in theadministrative body but is often EXPRESSLY CONFERRED by thelegislative through specific provisions in the charter of agency.

The power is needed to enable the administrative officers is perform theirexecutive functions.

DETERMINATIVE POWERS

Enabling PowersDirecting Powers

6


7/38


Jaynee Dialola



Directing Powers

Dispensing Powers

Allows theadministrativeagency to relax theoperation of law orexempt from theperformance of ageneral duty.

Examining Powers

Enables it to inspectthe records, premises,and investigate theactivities of persons, orentities, coming underits jurisdiction.

Summary Powers

Those involvingthe use byadministrativeagencies of forceupon persons orthings without thenecessity of previous judicialwarrant.

ENABLING POWERS

Those that permit the doing of an act which the law undertakes toregulate and which would be unlawful without government approval.Ex: issuance of licenses

DIRECTING POWERSOrder the doing or performance of particular acts to ensure compliance

with the law and are often exercised for corrective purposes.

EXERCISE OF POWER

1. DISCRETIONARY

The exercise of administrative power is discretionary, especially asthey involve the interpretation or construction and enforcement of thelaw and the appreciation of factual questions that may be submitted toit for resolution.

2. MINISTERIAL The administrative officer performs a mechanical act that requires no judgment or discretion for its exercise.

7


8/38


9/38


Jaynee Dialola



Rationale of the DOCTRINE

1.) Delegation to administrative agencies The constitution itself allows a certain degree of mixture of the three

governmental powers in administrative agencies. The fact remains thatcertain administrative agencies exercise quasi-legislative and quasi-

judicial powers.

2.) Necessity for delegationa.) Details and questions beyond the capacity of the legislative to

determine. These are matters which the legislature is incapable of providing or

defining a multitude of details. These are questions which arebeyond determination by the legislature and which must necessarilybe left to the determination of executive or administrative agencies.

b.)Matters requiring some/more specialized knowledge and exercisepossessed by administrative agencies. Administrative agencies specialized in their respective fields can

deal with problems or contingencies with more expertise, efficiencyand dispatch.

REQUISITES of a VALID DELEGATION

1.) Completeness of the statute making the delegation< COMPLETENESS TEST>

2.) Presence of a sufficient standard

CASE LAW: Eastern Shipping Lines, Inc. vs. POEA, 166 SCRA 533(1988)

Doctrine

1.) Delegation is permitted in many instances- The principle of non-delegation of powers is applicable to all the

three major powers of the government but is essentiallyimportant in the case of the legislative power because of themany instances when its delegation is permitted.

9


10/38


Jaynee Dialola



2.) Reasons for the delegation- The increasing complexity of the task of government;- The growing inability of the legislative to cope directly with the

myriad problems demanding its attention;- Specialization has become necessary;- The legislature may not have the incompetence to provide the

required direct and efficacious, specific solutions.3.) Power of subordinate administrative agencies

- It is the power of the national legislature to entrust to theadministrative agencies the authority to issue rules to carry outthe general provisions of the statute.

RULES: Delegation to Administrative Agencies

1.) Administrative agencies do not possess legislative or judicial power in thestrict sense, and such power may not be delegated to them, except whereotherwise provided by the constitution.

2.) Purely Legislative Power- NON-DELEGATED. It must be solely exercised by the legislature, and cannot be delegated.

Mere incidental powers would not suffice.

3.) Delegation of power to make the law vs. Delegation of authority ordiscretion as to execution of the law. The legislature may not delegate the determination of what the law shall

be, to whom it may be applied, or what acts are necessary to effectuatethe law.

What can be delegated is the discretion to determine how the law maybe enforced, not what the law shall be.

4.) Fact-finding Power. Fact-finding power may be confused for putting into effect, suspending

or applying the law. But where delegation to a fact-finding body whichconstitute the fact, the delegation is invalid.

5.) Power of Subordinated Legislation.

The agency may be authorized to fill up the details in promoting thepurposes of the legislation and carrying it to effect.

10


11/38


Jaynee Dialola



6.) SUFFICIENT STANDARD TEST. There must be adequate guideline or limitations in the law to map out

the boundaries of the delegate authority and prevent the delegationfrom running riot.

7.) No hard and fast rule limiting the exercise of delegated authority.

8.) Delegation of a rate-fixing power It must be reasonable and just

9.)COMPLETENESS TEST A Statute must be complete in itself so that by appropriate judicial review

and control, any action taken pursuant to delegated authority may bekept within the defined limits of the authority conferred.

SUFFICIENCY OF STANDARDS

Factors affecting administrative Agencies exercise of discretion1.) Depends upon the Nature of the power exercised.2.) Nature of the right restricted by the power/3.) Within proper regulation or control requires the resting of such discretion.

Personal judgement by the administrative agency is not sufficient standard.

RESTRICTION ON GRANT OF JUDICIAL POWER

RULE:It is recognized that some judicial powers may be conferred upon and

exercised by administrative agencies without violating constitutionalprovisions inhibiting the delegation of judicial power. However, the judicialpower that may be exercised by administrative agencies is a restricted one,limited to what is INCIDENTAL and REASONABLY NECESSARY to the properand efficient administration of the statutes that are committed to them foradministration.

EXCEPTION TO THE RULE REQUIRING STANDARDS OR GUIDES

The following are instances in which uncontrolled discretion may berested on administrative agencies:

1.) In the handling of state property or funds;2.)A power which is not directly or exclusively a legislative one, in the

exercise of which, the state is supreme and may act at its pleasure,

11


12/38


Jaynee Dialola



and which has no relation whatsoever to personal or property rights,may be delegated without any standard to guide its exercise;

3.) In a field which is purely administrative, that is, in regard to a matter of internal administration, standards may be deemed necessary;

4.) The power of the Board to make recommendations which bind no onehas held administrative and met legislative, so that the absence of standards was immaterial;

5.) In matters which are in the nature of privilege as to the using of property, the engaging in occupations, or the committing of acts whichmight well be forbidden altogether, but which under certain conditionsmay be harmless or well-managed;

6.) Where it is impracticable to lay down a definite comprehensive rulesuch as where the regulations turns upon the question of personalfitness.

7.) Where the act relates to administration of a police regulation and isnecessary to protect the general welfare, morals and safety of thepublic.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER(under the Constitution)

a. SEC.23, Art. VIIn times of war or other national emergency, the congress may, by the

law, authorize the President, for a limited period and subject to suchrestrictions as it may prescribe, to exercise powers necessary and properto carry out a declared national policy. Unless sooner withdrawn byresolution of the congress, such powers shall cease upon the nextadjournment thereof.

b. SEC.28, Art. VI The Congress may, by the law, authorize the president to fix withinspecified limits, and subject to such limitations and restrictions as it mayimpose, tariff rates, import and export quotas, tonage and wharfage dues,and other duties or imposts within the framework of the nationaldevelopment program of the government.

c. SEC.32, Art. VI The Congress shall, as early as possible, provide for a system of initiativeand referendum, and the exceptions therefrom, whereby the people candirectly propose and enact laws or approve or reject any acts or law or

part thereof passed by the congress or local legislative body after thelegislation of a petition therefor, signed by at least 10 per centum of thetotal number of registered voters, of which every legislative district mustbe represented by at least 3 % of the registered voters thereof.

12


13/38


Jaynee Dialola



d. SEC.3, Art. X The Congress shall enact a local government code, which shall provide fora more responsive and accountable local government structure institutedthrough a system of decentralization with effective mechanisms of recall,initiative, and referendum.

e. SEC. 5, Art. XEach local government unit shall have the power to create its own sourcesof revenues and to levy taxes, fees, and charges, subject to suchguideline and limitations as the Congress may provide, consistent withthe basic policy of local autonomy. Such taxes, fees, and, charges shallaccuse exclusively to the local governments.

QUASI-LEGISLATIVE POWERS

PURPOSEIt is intended to enable the administrative body to implement the

policy of the law and to provide for the more effective enforcement of itsprovisions.

KINDS of ADMINISTRATIVE REGULATIONS

1. LEGISLATIVE rules or regulations- Are accorded by the court or by express provisions of statute, the

force and effect of law immediately upon going into effect.- In such instance, the administrative agency acts in a legislative

capacity. LEGISLATIVE RULES are in the nature of SUBORDINATELEGISLATION, intended to implement the policy of a primarylegislation.

2. INTERPRETATIVE regulations

- Those which purpose to do no more than interpret the statute beingadministered, to say it means.

- It is issued by administrative body, as an incident of its power toenforce the law and is intended merely to clarify its provision forobservance with the legislative will.

13


14/38


Jaynee Dialola



CLASSIFICATION OF LEGISLATIVE REGULATION

a. SUPPLEMENTARY REGULATIONIntended to fill in the details of the law and to make explicitwhat is only general. Its purpose is to enlarge upon statute,subject only to the standards fixed therein, to ensure itseffectivity in accordance with the legislative will.

b. CONTIGENT REGULATIONIt is issued upon the happening of a contingency administrativeagency is allowed to ascertain the existence of particularcontingencies and on the basis thereof enforce or suspend theoperation of a law.

A. REQUISITES: Valid Administrative Regulation1. Its promulgation must be authorized by the legislature;2. It must be within the scope of the authority given by the legislature;3. It must be promulgated in accordance with the prescribed procedure;

and;4. It must be reasonable.

B. PENAL REGULATIONRule: The power to define and punish crime is exclusively LEGISLATIVE

and may not be delegated to the administrative authorities. Whileadministrative regulations may have the force and effect of laws, their

violation cannot give rise to criminal prosecution unless the legislaturemakes such violation punishable and imposes the correspondingsanctions.

Special Requisites:

VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION:1. The law itself must make violation of the administrative regulation

punishable;2. The law itself must impose and specify the penalty for the violation of

the regulation; and;

3. The regulation must be published.

C. CONSTRUCTION AND INTERPRETATION The same rules on the construction and interpretation of statutes are

applied to administrative regulations, with the specific requirement thatthe regulation should be read in harmony with the statute and not inviolation of the authority conferred on the administrative authorities.

14


15/38


16/38


Jaynee Dialola



A. JURISDICTION Jurisdiction is the competence of an office or body to act

on a given or decide a certain question.

It is the LEGISLATURE that has the power to confer jurisdiction upon the administrative body and to limit or expandits authority.

Settled is the rule that a tribunal, board or officerexercising judicial functions acts without jurisdiction if noauthority has been conferred by law to hear and decide the case.Absence, any decision made is NULL and VOID AB INITIO.

It is a well-settled principle in administrative law thatunless expressly empowered, administrative agencies are

BEREFT of QUASI-JUDICIAL POWERS.

1. RULES OF PROCEDUREWhere an administrative body is expressly granted the power of

adjudication, it is deemed also rested with the implied power toprescribe the rules to be observed in the conduct of proceedings.

REQUISITES Where the statute does not require any particular method of

procedure to be followed by an administrative agency, the agencyMAY ADOPT ANY REASONABLE METHOD TO CARRY OUT ITS

FUNCTIONS. Rules must not violate fundamental rights to encroach uponconstitutional prerogatives, the rule making power of the SupremeCourt.

CONSTRUCTION / INTERPRETATION Administrative rules of procedures SHOULD BE LIBERALLY

CONSTRUCTED in order to promote their object and to assist theparties in obtaining just and speedy and inexpensive determinationof their respective claims and defenses.

Courts may not in the guise of interpretation, enlarge the scope of a statue and include therein situations not provided for or intendedby the lawmakers. There is no legal principle which status that alldecisions of quasi-judicial agencies are immediately executory.

16


17/38


Jaynee Dialola



2. SUBPOENA POWER

GENERAL RULE: the power to issue subpoena and subpoena ducestecum IS NOT INHERENT in administrative bodies. It is settledthat these bodies may summon witnesses and require theproduction of evidence only when DULY ALLOWED BY LAW, andALWAYS only IN CONNECTION WITH THE MATTER THEY AREAUTHORIZED TO INVESTIGATE.

The fact that an administrative agency has been authorized toconduct an investigation does not necessary mean it can alsosummon witnesses and take testimony in the absence of a cleargrant of this power from the legislature.

Power to InvestigateMeans to EXAMINE, EXPLORE,INQUIRE or PROBE into to conductan official inquiry.

Power to AdjudicateMeans to adjudge, arbitrate, tpsettle finally the rights andduties of the parties.

3. CONTEMPT POWER

- The power to punish for contempt is essentially judicial and cannotbe claimed as an inherent right by the administrative body. To bevalidly exercised, IT MUST BE EXPRESSLY CONFERRED UPON THEBODY and, additionally, MUST BE USEDONLY IN CONNECTION WITHITS QUASI-JUDICIAL as distinguished from its purely administrativeor routinary functions.

- Where a subpoena of the administrative body disregarded, theperson summoned may not directly be disciplined by that body toseek the assistance of the courts of justice for the enforcement of its order.

B. NOTICE AND HEARINGS

- The right to notice and hearing is essential to due process and itsnon-observance will as a rule, invalidate the administrativeproceedings.

17


18/38


Jaynee Dialola



- The ESSENCE of DUE PROCESS in administrative proceedings is theopportunity to explain ones side or a chance to seekreconsideration of the action or ruling complained of.

EXCEPTIONS:

Extreme urgency of immediate action Tentativeness of the administrative action The fact that the right had been previously offered but not claimed.

1.) ADMINISTRATIVE DUE PROCESS

The following are cardinal rights or principles to be observed inadministrative proceedings:

a.) RIGHT TO A HEARING which includes the right of the partyinterested or affected to present his own case and submit evidence

in support thereof;b.) The TRIBUNAL MUST CONSIDER THE EVIDENCE. Must base itsdecision on the evidence presented. Evidence must not bedisregarded.

c.) While the duty to deliberate does not impose the obligation todecide right, it does not impose the obligation to decide right, itdoes imply a necessity which cannot be disregarded, namely, thatof having something to support its decision.

d.) The evidence must be substantial.

e.) The decision must be rendered on the evidence presented at the

hearing or at least contained in the record and disclosed to theparties affected.

MATTERS INVOLVED IN QUASI-JUDICIAL PROCESS: Taking and evaluation of evidence Determining facts based on the evidence presented Rendering an order or decision supported by the facts

C. ADMINISTRATIVE APPEALS AND REVIEW

D. ENFORCEMENT AND DECISION

E. RES JUDICATA

GENERAL RULE: An administrative decision is NOT CONSIDERED RES JUDICATA so as to preclude its subsequent reconsideration or revocation.It is a continuing process.

18


19/38


Jaynee Dialola



NEW RULE: It is now settled in our jurisprudence that the decisions andorders of the 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.

The principle of res judicata applies as well to the judicial and quasi- judicial acts of public, executive or administrative offices and board actingwithin their jurisdiction as to the boards acting within their jurisdiction asto the judgments of courts having general judicial powers.

BASIS: It is grounded on fundamental considerations of public policy andsound practice that, at the risk of occasional error, the judgment of courtsand award of quasi-judicial agencies must become final at some definitedate fixed by law.

EXCEPTION: Principle of Res Judicata It applies only to judicial or quasi-judicial proceedings and not to the

exercise of administrative powers; and, Neither does the doctrine apply to judgment based on prohibited or

null contracts.

19


20/38


21/38


Jaynee Dialola



compensatory, but is preventive and remedial to implement a public

policy.

JURISDICTION - power and authority to hear and decide the case.Elements:

1.) Jurisdiction over the subject-matter; and,2.) Jurisdiction over the person of the defendant.

NECESSITY It is essential to give validity to the determinations of administrative

agencies. Without jurisdiction, their acts are void and open to collateral anddirect attacks.

An administrative tribunal has only such jurisdiction and power as areEXPRESSLY or by NECESSARY IMPLICATION conferred upon it by law.

SOURCE The LAW itself. Administrative agencies are tribunals of limited

jurisdiction.

CONDUCT/WAIVER/ESTOPPELAN ADMINISTRATIVE AGENCY cannot enlarge its jurisdiction nor can it

be the subject of stipulation.DETERMINATION by an administrative agency of its existence is not

conclusive upon courts.

FAILURE TO EXERCISE POWERFailure of an agency for a long time to use an important power

indicates a practical construction that the power does not exist. A FAILURE TO EXERCISE JURISDICTION DOES NOT RESULT IN ITS LOSS. Once, acquired,it is continuously possessed by the administrative tribunal.

EXPIRATION OR REPEAL OF STATUTEExpiration of a statute may be held not to deprive an administrative

agency of jurisdiction to enforce the statute was in force, where a GENERALSAVING CLAUSE continues such liabilities.

DOCTRINE OF PRIMARY JURISDICTION

If the case is such that its determination requires the expertise,specialized skills and knowledge of the proper administrative bodies becausetechnical matters or intricate questions of facts are involved, then relief must

21


22/38


Jaynee Dialola



first be obtained in an administrative proceeding before a remedy will besupplied by the courts even though the matter is within the proper

jurisdiction of the court.

PROCEDURE TO BE FOLLOWED The procedure to be followed by Administrative agencies in theperformance of the INVESTIGATORY, RULE-MAKING orADJIDICATORY power, may be prescribed in the statute creating theagency or in the rules promulgated by the agency by authority of law.

The Rules of Procedure observed by administrative agencies are tobe construed LIBERALLY in order to effect the JUST, SPEEDY, andINEXPENSIVE settlement and disposition of disputes between theparties.Where the statute does not require any particular method of

procedure to be followed by an administrative agency, the agencymay adopt any reasonable method to carry out its functions.

Compromise

Parties make reciprocal concessions,which may be both agreed to avoidlitigation or to put an end to onewhich is pending.

Arbitration

parties submit to a 3 rd personwho is disinterested, theresolution of their case.

NOTICE AND HEARING IN CONTESTED CASES

In any contested case ALL PARTIES shall be entitled to notice andhearing which shall be SERVED AT LEAST FIVE (5) DAYS before the date of the hearing and shall state the date, time and place of the hearing.Substantial compliance would suffice.

RULES OF EVIDENCE The agency may admit and give probative value of evidenceCOMMONLY ACCEPTED BY REASONABLY PRUDENT MAN in theconduct of their affairs.Documentary evidence may be received in the form of COPIES orEXCERPTS, if the original is not available. Secondary evidence isadmissible in administrative proceedings.

22


23/38


Jaynee Dialola



Every party shall have the opportunity- RIGHT- to cross examinewitnesses presented against him to submit rebuttal evidence.

The agency may take notice of judiciary cognizable facts and of

generally cognizable technical or scientific fact within its specializedknowledge.

SUBPOENAIn any contested case, the agency shall have the power to require the

attendance of witnesses or the production of books, papers, documents andother pertinent data; upon the request of any party before or during thehearing upon showing of general relevance.

DECISIONEvery decision shall be in writing and shall state clearly and distinctlythe facts and the law on which it is based.

The agency shall decide each case within thirty (30) days following thesubmission.

FINALITY OF THE ORDER The decision of the agency shall be final and executory fifteen (15)

days after the receipt of the copy thereof by the party adversely affectedunless within the period, an administrative appeal or judicial review has beenperfected. ONLY ONE (1) MOTION FOR RECONSIDERATION MAY BE FILED.

LICENSING PROCEDURE

Except in cases of WILLFUL VIOLATION of pertinent rules andregulations or when PUBLIC SECURITY, HEALTH or SAFETY REQUIRESotherwise, no license may be withdrawn, suspended, revoked or annulledwithout notice and hearing.

ADMINISTRATIVE APPEALUnless otherwise provided by law or executive order, an appeal from a

final decision of the agency may be taken to the Department Head.

23


24/38


Jaynee Dialola



PERFECTION OF ADMINISTRATIVE APPEAL

Administrative appeals shall be perfected within fifteen (15) daysafter receipt of a copy of the decision complained of by the partyadversely affected, by filing with the agency which adjudicated thecase a notice of appeal, serving copies thereof upon the prevailingparty and the appellate agency and paying the required fees.If a motion for reconsideration is DENIED, the movant shall have theright to perfect the appeal during the remaining period for appeal,reckoned from receipt of the resolution of denial. If the decision isreversed on reconsideration, the aggrieved party shall have fifteen(15) days from receipt of the resolution within which to perfect hisappeal.

EFFECT OF APPEAL The appeal shall stay the decision appealed from if the appellate

agency does not direct otherwise, upon such terms as it may deem just.

FINALITY OF THE DECISION OF APPELLATE AGENCY

In any contested case, the decision of the appellate agency shallbecome final and executory fifteen (15) days after receipt by the parties of acopy thereof.

This is WITHOUT PREJUDICE to the right of the aggrieved party to file apetition for review in the regular courts.

HEARING OFFICER

Each agency shall have such number of QUALIFIED and competentmembers of the bar as hearing officers as may be necessary for the hearingand adjudication of contested cases.

No hearing officer shall engage in the performance of prosecutingfunctions in any contested cases or any factually related case.

JUDICIAL REVIEW

Decisions rendered by administrative agency shall be subjected to judicial review.

24


25/38


Jaynee Dialola



APPLICABILITY OF ADMINISTRATIVE RULES OF PROCEDURE

The Rules of Procedure SHALL NOT BE APPLICABLE to:

1.) Congress2.) Judiciary3.) Supreme Court4.) Constitutional Commissions5.) Military establishments in all matters pertaining exclusively to the

Armed Forces of the Philippines (AFP)6.) Board of Pardons and Parole7.) State Universities and Colleges8.) Local Government Units

SETTLEMENT OF DISPUTES AND CONTROVERSIES BETWEEN AND AMONGGOVERNMENT OFFICES

Secretary of Justice

All cases involving ONLY QUESTIONS

OF LAW shall be submitted to andadjudicated by the Secretary of Justice as Attorney General of theNational Government and as EXOFFICIO legal adviser.

Solicitor General

Cases involving MIXED

QUESTIONS OF LAW or ONLYFACTUAL ISSUES.

REQUISITES: ADMINISTRATIVE DUE PROCESS INCLUDES:

1.) The RIGHT TO NOTICE, be it actual or constructive, of the institution of theproceedings that may affect a persons legal right;

2.) REASONABLE OPPORTUNITY TO APPEAR and defend his rights and tointroduce witnesses and relevant evidence in his favor, by testimony orotherwise, and to controvert the evidence of the other party;

3.) A TRIBUNAL so constituted so as to give him reasonable assurance of honesty and impartiality and one of the competent jurisdiction; and

25


26/38


Jaynee Dialola



4.) A finding or decision by that tribunal supported by SUBSTANTIALEVIDENCE presented at the hearing or at least ascertained in the recordsor disclosed to the parties affected.

RIGHT TO COUNSEL IN ADMINISTRATIVE PROCEEDING

It is not imperative in administrative investigations where the inquiriesare conducted merely to determine whether there are facts that meritdisciplinary measures against erring public officers and employees with thepurpose of maintaining the dignity of government service.

Q; How may an administrative proceeding be instituted?A: a.) By EX PARTE application;

b.) By FILING OF A CHARGE or COMPLAINT by an aggrieved party; and,

c.) In some cases, administrative agencies may institute proceedings ontheir

own initiative, motion or complaint.

NECESSITY FOR NOTICE AND HEARING

General Rule: Notice and hearing ARE NOT ESSENTIAL to the validity of administrative action where the administrative body acts in the exercise of

EXECUTIVE, ADMINISTRATIVE or LEGISLATIVE FUNCTIONS.

Exception: If a public administrative body acts in a JUDICIAL or QUASI- JUDICIAL MANNER and its acts are particular and immediate rather thengeneral and prospective, the person whose rights property may be affectedby the action is entitled to notice and hearing.

BASIS: Statute or Constitution.

WAIVER OF RIGHT TO NOTICE

RULE: A failure to comply with the requirements as to notice and processmay result in a failure to acquire jurisdiction.

Generally, the right to notice in an administrative proceeding MAY BEWAIVED .

26


27/38


Jaynee Dialola



DENIAL OF DUE PROCESS MAY BE CURED

In the application of due process clause, what is ought to be safeguardis not lack of previous notice but the denial of the opportunity to be heard.

There is no occasion to impute deprivation of due process where aparty was subsequently heard or given the sufficient opportunity to beheard, especially where he did not raise the issue of denial of due processbefore the agency, for what due process contemplated is fairness or justice,the substance rather than the form being paramount.

ELEMENTS OF RIGHT TO HEARING

The right to a full hearing includes the right of the party interested or

affected to:a.) prevent his case or defense or submit evidence, oral or

documentary, in support thereof;b.) know the claims of the opposing party and to meet them;c.) cross-examine witnesses for a full and true disclosure of the facts;

and,d.) submit rebuttal evidence.

INVESTIGATION

It may be held in PRIVATE.Informal proceeding held tosolicit information.It has NO PARTIES.It is not a proceeding in whichan action may be taken againstanother.

HEARING

There are PARTIES and ISSUESof law and of fact to be tried.At the conclusion of thehearing, AN ACTION IS TAKENwhich may affect the rights of the parties.Parties are entitled to bepresent in person and bycounsel, participate in thehearing and entitled to befurnished a record of theproceeding.

CONSTITUIONAL REQUIREMENT OF NOTICE AND HEARING

Notice and hearing, as the fundamental requirements of proceduraldue process, are essential only when an administrative body exercises itsQUASI-JUDICIAL FUNCTION. In the performance of its executive or legislative

27


28/38


Jaynee Dialola



functions, such as issuing rules and regulations, an administrative body neednot comply with the requirements of notice and hearing.

PROCEEDINGS IN WHICH NO HEARING IS REQUIRED

a.) Where the purpose of an administrative determination is to decidewhether a right or privilege which an applicant does not possessshall be granted to him or withheld in the exercise of discretionvested by statute, notice and hearing is not necessary in theabsence of an express or implied statutory provision therefor and astatute may provide for such determinations without requiringnotice and hearing;

b.) If no personal or property rights are involved, but only a privilege,notice or hearing may not be essential to due process of law eventhough the power exercised is recognized as quasi-judicial or

adjudicatory, particularly where the Statute provides for their judicial review of administrative determination;

c.) Where a right is granted conditionally and subject to termination, itmay be withdrawn in accordance with the conditions subject towhich it was received;

d.) Where the proceeding or power exercised is legislative, executive oradministrative or ministerial in nature;

e.) Summary abatement of nuisance per se which affects theimmediate safety of persons or property;

f.) In summary proceedings of distraint or levy upon the property of delinquent taxpayer; and,

g.) In the preventive suspension of public officer pending investigation.

WAIVER OF RIGHT

The right to a hearing or the right to particular elements of a fair trialmay be waived.

DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE

RULE: While the power to decide resides SOLELY in the administrativeagency vested by law, this does not preclude a delegation of the power tohold a hearing on the basis of which the decision of the administrativeagency will be made.

28


29/38


30/38


Jaynee Dialola



RULES OF EVIDENCE IN ADMINISTRATIVE PROCEEDINGS

An administrative agency is NOT BOUND by the strict rules governingthe reception of evidence in court proceeding.

The obvious purpose is TO FREE ADMINISTRATIVE BODIES from thecompulsion of applying technical rules so that the mere admission of mattersthat would be deemed incompetent in judicial proceedings would notinvalidate the administrative determination.

THE FOLLOWING JUDICIAL RULES DO NOT APPLY TO ADMINISTRATIVEPROCEEDINGS:

a.) Best evidence ruleb.) Res inter colios acta - transaction between two (2) parties should not

be used against a 3 rd party.c.) Res gestaed.) Expert and opinion rulee.) Privileges of witnessesf.) Proper authentication of records

g.) Use of interrogatoriesh.) Rule as to contradiction of ones own witness

ESSENTIAL RULES OF EVIDENCE APPLICABLE TO ADMINISTRATIVEPROCEEDING

a.) Giving of evidence under oath;b.) Evidence must have probative value;c.) Proper allocation of burden of proof;d.) Right to know evidence submitted or to be considered;

e.) Inspection of documents;f.) Cross-examination of witnesses; and,g.) Officer evidence in explanation or rebuttal.

BURDEN OF PROOF .

In administrative proceedings, the complainant has the burden of proving by substantial evidence, the allegations .

30


31/38


32/38


Jaynee Dialola



SECRET OR CONFIDENTIAL INFORMATION

It is a GENERAL RULE that in adjudicatory proceedings involvingprimarily the interests of private litigants, information cannot be withheldfrom the parties on the ground that it is of confidential nature and at thesame time be used as a basis for decision by administrative agency.

REASONS: Necessity of Express Findings

a.) so that it may be known upon what the action of the administrativeagency is based as well as to protect and assure the parties againstcareless and arbitrary action;

b.) to enable the courts to perform their function of review, particularly todetermine whether the administrative agency has kept within its jurisdiction and decide the cases upon the evidence and the law; and,

c.) to give the reviewing court the assistance of an expert judgment onmatters entrusted to the agency for initial determination.

FORM OF DECISION

NO particular form is required, unless otherwise provided by thestatute.It would suffice if it is definite and certain in order to inform the partywhat is required to be done and to enable the courts in the proper caseto force them.An administrative body should render its decisions in such a mannerthat the parties to the proceeding can know the various issues involvedand the reasons for the decisions rendered, which necessarily wouldrequire a finding of fact.

ADMINISTRATIVE AGENCY IS A COLLEGAITE BODY

The powers and duties of an administrative agency or board,composed of members or commissioners, may not be exercised by theindividual members thereof separately. Their acts are official only when doneby the members convened in session, upon a concurrence of at least amajority and with at least a quorum present.

POWER OF ADMINISTRATIVE AGENCIES TO MODIFY THEIR DECISIONS

RULE: Administrative determinations are subject to reconsideration andchanges so long as no rights have vested in the meantime by reasonthereof, and so long as they have not passed beyond the contract of

32


33/38


Jaynee Dialola



the administrative authorities, as where the determinations are notfinal but interlocutory or the powers and jurisdiction of theadministrative authorities are continuing in character.

GROUNDS:a.) fraud in impositionb.) mistakec.) surprised.) inadvertencee.) newly discovered evidencef.) to meet changing situations/conditions, whether by reason of express

statutory provisions granting power of revision or by reason of principles applied by courts.

DOCTRINE OF RES JUDICATA The principle of res judicata embraces two (2) concepts:

a.) Bar by former judgment;b.) Conclusiveness of judgment.

REQUISITES:

a.) it must be a final judgment;b.) the court which resolved it must have jurisdiction over the

subject matter and the parties;

c.) there must be identity between the two (2) cases, the parties,subject matter and cause of action.

RULES IN APPLYING THE DOCTRINE

The doctrine has been applied to administrative action that has beencharacterized by the courts as ADJUDICATORY, JUDICIAL or QUASI-

JUDICIAL, while to administrative determinations of ADMINISTRATIVE,EXECUTIVE, or MINISTERIAL nature, the rules of res judicata have been

held to be inapplicable. The decision or order of the administrative agency rendered pursuantto its QUASI-JUDICIAL power which has become FINAL and EXECUTORY,has the force and binding effect of RES JUDICATA.

The decision or order is as CONCLUSIVE UPON THE RIGHTS of theaffected parties as though a court of general jurisdiction had renderedthe same.

33


34/38


Jaynee Dialola



The principle of res judicata may not be invoked in labor relationsproceedings considering that they are non-litigious and summary innature without regard to legal technicalities obtaining in courts of law.Where an administrative determination has been reviewed by thecourts, the res judicata, if any, attaches to the courts judgment ratherthan to the administrative decision.Only a valid and final judgment can be res judicata, and lack of

jurisdiction either of the person or of the subject matter precludes anadministrative determination from being res judicata.

ADMINISTRATIVE APPEAL AND REVIEW HIERARCHY: Types of Administrative Appeal

1.) That which inheres in the relation of administrative superior toadministrative subordinates where determinations are made at lowerlevels of the same agency or department;

2.) That embraced in the statutes which provide for a determination to bemade by a particular officer or body subject to appeal, review or re-determination by another officer or body in the same agency or in thesame administrative system;

3.) That in which the statute makes or attempts to make a court a part of theadministrative scheme by providing in terms or effect that the court, onreview of the action of an administrative agency, shall exercise powers of such extent that they differ from ordinary judicial functions and involve atrial de novo of matters of fact or discretion and application of theindependent judgment of the court;

4.) That in which the statute provides that an order made by a division of acommission or board has the same force and effect as if made by thecommission subject to a rehearing by the full commission, for therehearing is practically an appeal to another tribunal;

5.) That in which the statute provides for an appeal to an officer on anintermediate level with subsequent appeal to the head of the departmentor agency; and,

6.) That embraced in statutes which provide for appeal at the highest level,namely the President.

OTHER RULES regarding REVIEW/APPEAL

34


35/38


Jaynee Dialola



a.) The review must not be whimsical or arbitrary or devoid of substantialbasis;

b.) It must be exercised within the limits of the law, if substantive rights areto be protected and justice is to be uphold;

c.) The reviewing officer must be other than the officer whose decision isunder review;

d.) Decisions/ orders which have become final and executory are not subjectto review- stare decisis et non quieta movere.

ENFORCEMENT OF ADMINISTRATIVE DETERMINATIONS

RULE: Administrative determinations are enforceable only in themanner provided by statute. In the absence of statute, administrativeauthorities may not enforce thei own determinations.

METHODS OF ENFORCEMENT

1.) focusing of public opinion;2.) revocation, suspension or a refusal to renew license;3.) refusal to grant clearance papers;4.) withholding or denying benefits;5.) imposing conditions;6.) seizure and sale or destruction of property;7.) exclusion and deportation aliens;

8.)suspension, revocation or cancellation of certificates of publicconveniences;9.) imposition and collection of penalties and surcharges; and,10.)imposition of administrative fines and forfeitures.

LEGISLATIVE ENFORCEMENT

It is within the competence of the Congress to impose appropriateobligations and sanction their enforcement by reasonable moneypenalties giving to executive officers the power to enforce suchpenalties without the necessity of invoking judicial power.Congress is without power to authorize a purely administrative officialto determine whether the crime defined by law has been committedand so to inflict punishment.Administrative penalties such as fines, surcharges, seizures and sale ordestruction of property and forfeitures in internal revenue cases are

35


36/38


Jaynee Dialola



regarded as civil and remedial rather than criminal or punitive innature.

JUDICIAL ENFORCEMENT

RULE: Except as may be otherwise provided by statute, administrativeagencies generally have no power to enforce decisions or orders whichcan only be done by the courts.

PRIMARY OBJECT: To enable such agency, by invoking the power of the court,to mobilize the judicial authority in carrying out the policy of the statute.Such provision constitutes courts and administrative agencies collaborativeinstrumentalities of justice and not business rivals

JUDICIAL REVIEW

GENERAL RULE: No inherent right to appeal.

An Administrative decision may be appealed to the courts of justiceonly if the Constitution or the law permits it or if the issues to be reviewedinvolve question of law.

It is a recognized principle that courts of justice will generally notinterfere in executive and administrative matters which are addressed to thesound discretion of the governent agencies.

EXCEPTIONS:

In the caes of the Constitutional Commissions, it is provided thatunless provided in this Constitution or by law, any decision, order or

ruling of the Commission may be brought to the Supreme Court oncertiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof.When it comes to questions of law, administrative decisions areappeallable to the courts of justice even without legislative permission.

BASIS: Inherent power of the Judiciary

36


37/38


38/38


Jaynee Dialola



likewise vested with the same jurisdiction, in which case, both bodies haveconcurrent jurisdiction.

REASON:

To ensure consistency in administrative findings and also because of conceded expertise of the administrative agencies as compared to

judicial tribunals.Doctrine of Separation of Powers.

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

An administrative decision must first be appealed to the administrativesuperiors up to the highest level before it may be elevated to a court of

justice for review.

Recourse through court action cannot prosper until after all suchremedies would have first been exhausted.

RATIONALE: When an adequate remedy may be had within the Executive

Department of the Government, but nevertheless a litigant fails or refuses toavail himself of the same, the judiciary shall decline to interfere

Documents

Administrative Law[1]