Reviewer - Administrative Law - JL Notes

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San Beda College-Manila

College of Law

JL (Juanico and Limpot) Notes in Administrative Law

JL Notes in Administrative Law

Contributed by: Lyan David Yadj M. Juanico & Kent Joseph B. Limpot, 2S,

S.Y. 2014-2015 Page 1

That in all things, god may be glorified!

ADMINISTRATIVE LAW REVIEWER

CHAPTER 1: GENERAL CONSIDERATIONS

Nature

Administrative Law is that branch of

modern law under which the executive department of the government, acting in

a quasi-legislative or quasi-judicial capacity, interferes with the conduct of

the individual for the purpose of promoting the well-being of the community, as under laws regulating

public interest, professions, trades and callings, rates and prices, laws for the

protection of public health and safety, and the promotion of public convenience.

- Dean Roscoe Pound of Harvard Law School

Administrative Law is that part of

public law which fixes the organization of the government and determines the

competence of the authorities who execute the law and indicates to the

individual remedies for the violation of his rights.

- Professor Frank Johnson Goodnow of Columbia University

Administrative Law is that branch of

the law which deals with the field of

legal control exercised by law administering agencies other than

courts, and the field of control exercised by courts over such agencies.

- Justice Felix Frankfurter of the United States Supreme Court

Two Major Powers of Administrative Agencies:

(1) Quasi-Legislative Authority (Rule-Making Power); and

(2) Quasi-Judicial Power (Adjudicatory Function).

Object and Scope:

Regulation of private right for public welfare

Origin and Development

Origin: Legislation

Justification: Expediency

Doctrine of Separation of Powers

All rules of conduct are supposed to be laid down directly by the legislature, subject to the direct enforcement of the

executive department, and the application or interpretation, also

directly, by the judiciary.

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However, this doctrine is not absolute.

The exception to this rule is the delegation of powers to administrative

agencies.

Reason: With the growing complexity of

modern life, the multiplication of the subjects of governmental regulation and the increased difficulty of administering

the laws, there is a constantly growing tendency towards the delegation of

greater powers by the legislature, and towards the approval of the practice by the courts.

Present Status

Administrative Law is still in a state of flux because of the instability of the

administrative body itself, which is created today, abolished tomorrow and

revived next day.

Sources

(1) Constitutional or statutory enactments creating

administrative bodies - Article IX of the 1987

Constitution - Social Security Act

(2) Decisions of courts interpreting

the charters of administrative bodies and defining their powers, rights, inhibitions, among others,

and the effects of their determinations and regulations.

- Philippine Association of Service Exporters, Inc. vs. Sec. Franklin Drilon

(3) Rules and regulations issued by

the administrative bodies in pursuance of the purposes for which they were created.

- Omnibus Rules Implementing the Labor

Code by the Department of Labor and Employment

- Regulations of the Commission on

Immigration and Deportation

(4) Determinations and orders of the administrative bodies in the

settlement of controversies arising in their respective fields.

- Awards of the National Labor Relations Commission

Administration

As a Function: It refers to the

aggregate of individuals in whose hands

the reins of government are for the time being.

As an Institution: It means the actual

running of the government by the

executive authorities through the enforcement of laws and the implementation of policies.

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Government is the agency or

instrumentality through which the will of the State is formulated, expressed and

realized.

Internal Administration covers those

rules defining the relations of public functionaries inter se and embraces the whole range of the law of public officers.

External Administration defines the

relations of the public office with the public in general.

Distinguished from Law

Law is an impersonal command

provided with sanctions to be applied in case of violation.

Administration is preventive rather

than punitive and is accepted to be

more personal than law.

Example: All of us must pay taxes.

Failure to do so would amount to tax evasion. On the other hand, the Bureau of Internal Revenue announces through

the mass media the deadlines for tax payments. The former characterizes

what the law provides while the latter involves administration.

CHAPTER 2: ADMINISTRATIVE

AGENCIES

Administrative agency is a body

endowed with quasi-legislative and quasi-judicial powers for the purpose of

enabling it to carry out laws entrusted to it for enforcement or execution.

Agency

It is any of the various units of the Government, including a department, bureau, office,

instrumentality, or government-owned or controlled corporation,

or a local government or a distinct unit therein.

Any department, bureau, office,

commission, authority or officer of the National Government

authorized by law or executive order to make rules, issue

licenses, grant rights or privileges and adjudicate cases; research institutions with respect to

licensing functions; government corporations with respect to functions regulating private right,

privilege, occupation or business; and officials in the exercise of

disciplinary power as provided by law.

Department refers to an executive

department created by law.

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Bureau is any principal subdivision of

any department.

Office

It refers, within the framework of government organization, to any

major functional unit of a department or bureau, including

regional offices.

It may also refer to any position held or occupied by individual

persons whose functions are defined by law or regulation.

Instrumentality: [ANFCFAC]

Any agency of the National

Government; Not integrated within the

department framework; Vested with special functions or

jurisdiction by law;

Endowed with some, if not all, corporate powers;

Administering special funds; and

Enjoying operational autonomy,

Usually through a charter.

The term instrumentality includes: (1) Regulatory agencies; (2) Chartered institutions; and

(3) Government-owned or controlled corporations.

Chartered institution refers to any

agency organized or operating under a

special charter, and vested by law with functions relating to specific

constitutional policies or objectives.

3 Administrative Relationships:

(1) Attachment; (2) Supervision and control; and

(3) Administrative supervision.

Attachment refers to the lateral

relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and

program coordination.

The coordination may be accomplished by:

(1) Having the department represented in the governing

board of the attached agency or corporation for purposes, either as chairman or as a member,

with or without voting rights, if permitted by the charter;

(2) Having the attached corporation or agency comply with a system of periodic reporting which shall

reflect the progress of programs and projects; and

(3) Having the department or its equivalent provide general policies through its representative

in the board, that will serve as the framework for the internal policies

of the attached corporation or agency.

Supervision and Control shall include:

(1) Authority to act directly whenever a specific function is entrusted by

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law or regulation to a

subordinate; (2) Direct the performance of duty;

restrain the commission of acts; (3) Review, approve, reverse or

modify acts and decisions of

subordinate officials or units; (4) Determine priorities in the

execution of plans and programs; and

(5) Prescribe standards, guidelines,

plans and programs.

Administrative Supervision shall be

limited to the:

(1) Authority of the department or its

equivalent to generally oversee the operations of such agencies and to insure that they are

managed effectively, efficiently and economically but without

interference with day-to-day activities;

(2) Require the submission of

reports and cause the conduct of management audit, performance

evaluation and inspection to determine compliance with policies, standards and

guidelines of the department; (3) To take such action as may be

necessary for the proper performance of official functions, including rectification of

violations, abuses and other forms of maladministration; and

(4) To review and pass upon budget

proposals of such agencies but may not increase or add to them;

Such authority shall not, however,

extend to:

(1) Appointments and other personnel actions in accordance with the decentralization of

personnel functions under the Code, except when appeal is

made from an action of the appointing authority, in which case the appeal shall be initially

sent to the department or its equivalent, subject to appeal in

accordance with law; (2) Contracts entered into by the

agency in the pursuit of its

objectives, the review of which and other procedures related

thereto shall be governed by appropriate laws, rules and regulations; and

(3) The power to review, reverse, revise, or modify the decisions of

regulatory agencies in the exercise of their regulatory or quasi-judicial functions; and

Government-Owned or Controlled Corporation is any agency organized

as a stock or non-stock corporation

vested with functions related to public needs whether governmental or

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proprietary in nature, and owned by the

government directly or through its instrumentalities, either wholly or, where

applicable, as in the case of stock corporations, to the extent of at least 51% of its capital stock.

Authority has been used to designate

both incorporated and non-incorporated

agencies and instrumentalities of the government.

Nature of an Administrative Agency

It may be regarded as an arm of legislature insofar as it is

authorized to promulgate rules.

It may also be loosely considered

a court because it performs functions of a particular judicial character.

It pertains to the executive department because its principal

function is the implementation of the law.

It is composed of persons who

are experts in the particular field of specialization under its

jurisdiction.

According to the Supreme Court,

the Court Tax Appeals is a special court dedicated exclusively to the study and

consideration of tax problems. It is not an administrative agency.

Various Names: Board, Commission, Authority, Administration, Bureau, Agency,

Council, Committee, Office and

the like.

Creation and Abolition of an Administrative Agency

It is created by: (1) Constitution; or (2) Statute.

It is abolished by:

(1) Constitutional amendment; or (2) Amendment or repeal of its

charter.

Types of Administrative Agencies:

(1) Offer some gratuity, grant or special privileges;

- Philippine Veterans Administration

(2) Carry on the actual business of government;

- Bureau of Customs (3) Perform some business service

for the public;

- Bureau of Posts (4) Regulate businesses affected

with public interest or public utilities;

- Land Transport Franchising and

Regulatory Board (5) Regulate private businesses and

individuals under the police power;

- Securities and Exchange Commission

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(6) Adjust individual controversies

because of some strong social policy; and

- National Labor Relations Commission

(7) Make the government a private party.

- Government Service Insurance System

Doctrine of Qualified Political Agency

As a rule, the acts of the cabinet

members are considered as acts of the President. The cabinet members are the alter egos of the President. Under this

doctrine, the power of the President to reorganize the National Government

may validly be delegated to his cabinet members exercising control over a particular executive department.

Advantages of Administrative Agencies

They have the expertise.

They are adaptable to change because of their flexible nature.

Unlike courts of justice, they can initiate action and not simply wait for their jurisdiction to be

invoked.

Relation to Other Departments

They are agents of the legislature

when the exercise the powers delegated to them. The

legislature can also abolish them.

Their salaries, emoluments and appropriations are subject to the

discretion of the legislature.

They are under the constitutional control of the President which

control cannot be withdrawn or limited even by the legislature.

The courts can review or even reverse the administrative acts

even of the Chief Executive. Courts cannot be deprived of their inherent power to decide all

questions of law, particularly if they have been initially resolved

by administrative agencies.

CHAPTER 3: POWERS OF

ADMINISTRATIVE AGENCIES

Quasi-Legislative

It is otherwise known as the power if

subordinate legislation and permits the body to promulgate rules intended to carry out the provisions of particular

laws.

It involves the prescribing of a rule for

the future and is regarded as public.

It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended

to carry out the provisions of a law and implement legislative policy.

Reason for this Power: It is impractical

for the lawmakers to provide general

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regulations for various and varying

details of management.

Administrative Rule

It is any agency statement of general

applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements

of, an agency, including its regulations.

It includes memoranda or statements concerning the internal administration or management of an agency not affecting

the rights of, or procedure available to, the public.

Rule-Making means an agency process

for the formulation, amendment, or

repeal of a rule.

Distinguished from Legislative Power

Administrative regulations are intended

to carry out the legislative policy. The discretion to determine what the law shall be is exclusively legislative and

cannot be delegated. The power to create rules to carry out a policy

declared by the lawmaker is administrative and not legislative.

Tests of Delegation

Completeness Test

The law must be complete in all its

terms and conditions when it leaves the legislature so that when it reaches the

delegate, it will have nothing to do but to

enforce it.

Sufficient Standard Test

The law must offer a sufficient standard

to specify the limits of the delegates authority, announce the legislative policy, and specify the conditions under

which it is to be implemented. The following are examples of sufficient

standards: public interest, simplicity, economy, efficiency and public welfare.

Quasi-Judicial

It is the power of adjudication which

enables the administrative body to resolve, in a manner essentially judicial,

factual and sometimes even legal questions incidental to its primary power of enforcement of the law. It involves the

application of a rule for the past and is regarded as private.

It is the power of administrative agencies to make determinations of facts in the performance of their official

duties and to apply the law as they construe it to the facts so found.

It is merely incidental to their main function, which is the enforcement of the law.

Distinguished from Judicial Process

Judicial process focuses on the question of law, with the questions of fact being

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regarded as of secondary importance

only. In judicial proceedings, the executive acts last after judgment is

made whereas in the exercise of quasi-judicial power, the executive acts first, with the courts acting later, whenever

warranted, to review its legal findings.

Source

It is expressly conferred by the legislature through specific provisions in the charter of the agency.

Determinative Powers

Enabling Powers

Directing Powers - Dispensing - Examining - Summary

Determinative powers enable the

administrative body to exercise its quasi-judicial authority better.

Enabling powers are those that permit

the doing of an act which the law undertakes to regulate and which would

be unlawful without governmental approval. Example: Issuance of licenses

Directing powers order the doing or

performance of particular acts to ensure compliance with the law and re often

exercised for corrective purposes. Example: Common carriers are required to install safety devices

Dispensing powers allow the

administrative officer to relax the general operation of a law or exempt

from the performance of a general duty. Example: Grant of immunity from suit to state witnesses

Examining powers enable the

administrative body to inspect the

records and premises, and investigate the activities of persons or entities

coming under its jurisdiction. Example: Issuance of subpoenas Summary powers are those involving

the use by administrative authorities of

force upon persons or things without the necessity of previous judicial warrant. Example: Killing of a mad dog on the

loose Doctrine of Implied Powers

An administrative agency has only such

powers as are expressly granted to it by law and also such powers as are

necessary implied in the exercise of it express powers.

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CHAPTER 4: THE QUASI-

LEGISLATIVE POWER

Nature of Administrative Regulations General Rule: Administrative

regulations and policies enacted by administrative bodies to interpret the law

have the force of law and are entitled to great respect. Exception: Administrative agencies are

not authorized to substitute their own

judgment for any applicable law or administrative regulation with the wisdom or propriety of which they do not

agree. Kinds of Administrative Regulations 1. Legislative rule is in the matter of

subordinate legislation, designed to implement a primary legislation by

providing the details thereof.

In making a legislative rule, the

administrative agency is acting in a legislative capacity,

supplementing the statute, filling in the details, or making the law, and usually acting pursuant to a

specific delegation of legislative power.

Note: The legislative regulation is

issued by the administrative body

pursuant to a valid delegation of

legislative power and is intended to

have the binding force and effect of a law enacted by the legislature itself.

2. Interpretative rule is designed to provide guidelines to the law which the

administrative agency is in charge of enforcing.

It is that which purports to do no more than interpret the statute

being administered, to say what it means. It constitutes the

administrators construction of a statute.

In making an interpretative rule, the administrative agency is

merely anticipating what ultimately must be done by the

courts. The administrative agency is performing a judicial function rather than a legislative function.

Examples: circulars issued by the

Bureau of Internal Revenue (BIR); and

circulars issued by the Bangko Sentral ng Pilipinas (BSP)

Note: Interpretative regulations (in the

absence of ratification by the legislature) have validity in judicial proceedings only to the extent that they correctly

construe the statute. Strictly speaking, it is the statute and not the regulation to which the individual must conform.

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Interpretative regulations are

issued by the administrative body as an incident of its power to

enforce the law and is intended merely to clarify its provisions for proper observance by the people. They are merely persuasive and

are received by the courts with much respect but not finality. They are, at best, advisory for it

is the courts that finally determine

what the law means.

Classification of Legislative Rule/Regulation

1. Supplementary regulation is intended to fill in the details of the law

and to make explicit what is only general. Its purpose is to enlarge upon a statute, subject only to the standards

fixed therein, to ensure its effective enforcement in accordance with the

legislative will. *For more detailed examples, see p. 49

of Philippine Administrative Law by Carlo Cruz.

2. Contingent regulation is so called because it is issued upon the

happening of a certain contingency which the administrative agency is given

the discretion to determine. In issuing this, administrative agencies are allowed to ascertain the existence of particular

contingencies and on the basis thereof

enforce or suspend the operation of a

law.

*For a more detailed example, see p. 50 of Philippine Administrative Law by Carlo Cruz.

Requisites of a Valid Administrative

Regulation (ASPR) 1. Its promulgation must be authorized

by the legislature. 2. It must be within the scope of

authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure.

4. It must be reasonable.

First Requisite

Authority to promulgate the regulation is

usually conferred by the: (1) charter of the administrative body; or

(2) law the administrative body is supposed to enforce.

*For more detailed examples, see pp. 51-52 of Philippine Administrative Law

by Carlo Cruz. Note: There are limitations on the rule-

making power of administrative agencies. When Congress authorizes

promulgation of administrative rules and regulations to implement given legislation, all that is required is that the

regulation be not in contravention with it,

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but conform to the standards that the

law prescribes.

A regulation is binding on the courts as long as the procedure

fixed for its promulgation is followed. Even if the courts may

not be in agreement with its

stated policy or innate wisdom, it is nonetheless valid, provided

that its scope is within the

statutory authority or standard granted by the legislature.

Second Requisite

The regulation promulgated must not be ultra vires or beyond the

limits of the authority conferred. An administrative agency cannot

amend an act of Congress.

The power of administrative

officials to promulgate rules and regulations in the implementation

of a statute is necessarily limited only to carrying into effect what

is provided in the legislative

enactment.

In other words, administrative rules and regulations are intended to carry out, not

supplant or modify, the law.

In case of conflict between a statute and an administrative

regulation, the statute must

prevail. A regulation adopted pursuant to law is law. Conversely, a regulation or any portion thereof not adopted pursuant to law is no law and has

neither the force nor the effect of law.

As a general rule, letters of

instruction are simply directives

of the President of the Philippines, issued in the

exercise of his/her administrative power of control, to heads of departments and/or officers

under the executive branch of the government for observance by

the officials and/or employees thereof. Being administrative in nature, they do not have the force

and effect of a law and, thus, cannot be a valid source of

obligation. Third Requisite

General Rule: Prior notice and hearing

are not essential to the validity of rules and regulations promulgated to govern future conduct.

Exceptions:

(1) Where the regulation is in effect a settlement of controversy between

specific parties, it is considered an

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administrative regulation and so will

require notice and hearing. (Example: regulations fixing rates or toll charges)

(2) Where the regulation goes beyond merely providing for the means that can

facilitate or render less cumbersome the implementation of the law and substantially increases the burden of those governed, it behoves the agency

to accord at least to those directly

affected a chance to be heard and, thereafter, to be duly informed, before

the issuance is given the force and effect of a law.

*For more detailed examples, see pp. 72-80 of Philippine Administrative Law

by Carlo Cruz. Fourth Requisite

Administrative regulations must not be unreasonable or arbitrary as to violate due process. If

shown to bear no reasonable relation to the purposes for which

they are authorized to be issued, then they must be held to be invalid.

The regulation must involve the

public welfare and the method employed must be reasonably related to the purposes of the rule

and not arbitrary.

Penal Regulations

The power to define and punish a crime is exclusively legislative and may not be delegated to the administrative

authorities. While administrative regulations may have the force and

effect of law, their violation cannot give rise to criminal prosecution unless the

legislature makes such violation

punishable and imposes the corresponding sanctions. The

administrative authorities themselves cannot prescribe such penalties. Special Requisites of a Valid Administrative Regulation with a

Penal Sanction (PPP)

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. 3. The regulation must be published.

Construction and Interpretation

The regulation should be read in harmony with the statute and not

in violation of the authority conferred on the administrative

authorities.

Administrative regulations are prospective in operation unless

the contrary is clearly intended.

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The interpretation given to a rule or regulation by those charged

with its execution is entitled to the greatest weight by the court construing such rule or

regulation, and such interpretation will be followed unless it appears to be clearly

unreasonable or arbitrary. Enforcement

The power to promulgate administrative regulations carries

with it the implied power to enforce them. This may be effected through judicial action,

as in petitions for mandamus and injunction, or through sanctions

the statute itself may allow the administrative body to impose.

The power to enforce administrative regulations

likewise includes the power to issue opinions and rulings to enable the administrative agency

to properly execute said regulations.

Amendment or Repeal

An administrative regulation may be amended or repealed by the

authorities that promulgated them in the first place.

The administrative regulation may be changed directly by the legislature.

CHAPTER 5: THE QUASI-JUDICIAL POWER

Quasi-judicial power the power of

the administrative agency to determine questions of fact to which the legislative policy is to apply, in accordance with the

standards laid down by the law itself. Quasi-judicial is the term applied to the action, discretion of officers who are required to investigate facts, or ascertain the existence of facts and

draw conclusions from them as a basis for their official action, and to exercise

discretion of a judicial nature. Power of adjudication (as defined by

The Administrative Code of 1987 an agency process for the formulation of a final order. Requisites for the Proper Exercise of

the Quasi-Judicial Power (JD)

1. Jurisdiction must be properly

acquired by the administrative body. 2. Due process must be observed in the

conduct of the proceedings.

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First Requisite

Jurisdiction the competence of an

office or body to act on a given matter or decide a certain question.

Without jurisdiction, the determinations made by the

administrative body are absolutely null and without any legal effect whatsoever. Such

acts are subject to direct and even collateral attack and may be

assailed at any time since they are regarded as invalid ab initio.

A tribunal, board or officer exercising judicial functions acts without jurisdiction if no authority

has been conferred by law to

hear and decide the case. Rules of Procedure

Where an administrative body is

expressly granted the power of adjudication, it is deemed also vested with the implied power to

prescribe the rules to be observed in the conduct of its

proceedings. Doctrine of implication where a

general power is conferred or duty enjoined, every particular power

necessary for the exercise of the one or

the performance of the other is also

conferred.

Where the statute does not require any particular method of procedure to be followed by an

administrative agency, the agency may adopt any

reasonable method to carry out its functions. But to be valid, the

rules must not violate

fundamental rights or encroach upon constitutional prerogatives,

like the rule-making power of the Supreme Court.

The power of administrative agencies to promulgate rules of

procedure does not or cannot be construed as allowing it to grant itself jurisdiction ordinarily conferred only by the Constitution or by the law.

Subpoena Power

The power to issue subpoena is not inherent in administrative

bodies. These bodies may summon witnesses and require the production of evidence only

when duly allowed by law, and always only in connection with

the matter they are authorized to investigate. This power may be

expressly granted in the charter of the administrative body.

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However, the fact that an administrative body has been

authorized to conduct an investigation does not necessarily mean it can also summon

witnesses and take testimony in the absence of a clear grant of

this power from the legislature.

Contempt Power

Like the subpoena power, the

power to punish for contempt is essentially judicial and cannot

be claimed as an inherent right by the administrative body. To be validly exercised, it must be expressly conferred upon the

body and, additionally, must be used only in connection with its

quasi-judicial as distinguished from its purely administrative or

routinary functions.

As a rule, where a subpoena of

the administrative body is disregarded, the person

summoned may not be directly disciplined by that body. The

proper remedy is for the administrative body to seek the assistance of the courts of justice

for the enforcement of its order. Much less is the contempt power

available to the administrative

body for the purpose of

controlling judicial action. Notice and Hearing

The right to notice and hearing is

essential to due process and its non-observance will as a rule

invalidate the administrative proceedings.

Administrative Due Process

There is no requirement for strict adherence to technical rules as

are observed in truly judicial proceedings because the primordial consideration of

administrative agencies is the promotion of public welfare.

It is basic to due process that the tribunal considering the

administrative question be impartial, to ensure a fair

decision.

In order that the review of the

decision of a subordinate officer might not turn out to be a farce,

the reviewing officer must be other than the officer whose decision is under review.

The opportunity to adduce

evidence is essential in the administrative process, as

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decisions must be rendered on

the evidence presented, either in the hearing, or at least contained

in the record and disclosed to the parties affected.

In administrative proceedings, the quantum of proof necessary for a

finding of guilt is only substantial evidence. Substantial evidence

means such relevant evidence as

a reasonable mind might accept as adequate to support a

conclusion; evidence which affords a substantial basis from which the fact in issue can be

reasonably inferred.

Due process in administrative proceedings does not require

trial-type proceedings similar to those in the courts of justice; and need not necessarily include the

right to cross-examination.

Submission of position papers

may be sufficient for as long as the parties thereto are given the

opportunity to be heard. The essence of due process is

simply an opportunity to be heard or, as applied to administrative proceedings, an opportunity to

explain ones side or an opportunity to seek a

reconsideration of an action or ruling complained of.

However, a trial-type proceeding

can be essential where the findings are necessarily to be

based on the credibility of witnesses or of the complainants.

Elements of Due Process

1. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it.

2. Jurisdiction must be lawfully acquired over the person of the defendant or

property which is the subject of the proceedings. 3. The defendant must be given an

opportunity to be heard. 4. Judgment must be rendered upon

lawful hearing. Administrative Appeals and Review

Unless otherwise provided by

law or executive order, an appeal from a final decision of the administrative agency may be

taken to the Department Head, whose decision may further be

brought to the regular courts of justice, in accordance with the procedure specified by the law.

The appellate administrative agency may even conduct

additional hearings in the appealed case, if deemed necessary.

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Enforcement of Decision

In the absence of any statute

providing for the enforcement of an administrative determination, the same cannot be enforced except possibly by appeal to the

force of public opinion.

Administrative agencies that have

not been conferred the power to enforce their quasi-judicial decisions may invoke court action

for the purpose. Res Judicata

Decisions and orders 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. The principle of res

judicata applies as well to the judicial and quasi-judicial act of public, executive or

administrative offices and boards acting within their jurisdiction as

to the judgments of courts having general judicial powers.

The principle of res judicata applies only to the exercise by

administrative agencies of their quasi-judicial power and may not

be invoked in connection with

their exercise of purely administrative functions. It also

does not apply to judgments based on prohibited or null and void contracts.

An administrative officer may

revoke, repeal or abrogate the acts or previous rulings of his/her predecessor in office. The

construction of a statute by those administering it is not binding on their successors if, thereafter, the

latter becomes satisfied that a different construction should be

given. Exception of Applicability of Res Judicata to Administrative Proceedings

1. labor relations proceedings

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CHAPTER 6: JUDICIAL REVIEW

An administrative decision may

be appealed to the courts of justice only if the Constitution or the law permits it or if the issues

to be reviewed involve questions of law.

Outside of these exceptions,

the administrative decision is no

more reviewable by the courts of justice than are judicial decisions reviewable by administrative

bodies.

The right to appeal is not a

constitutional right nor is it embraced in the right to be heard

as guaranteed by due process. As a rule, therefore, the

administrative decision may be validly rendered final and inappealable at the administrative

level without allowing the aggrieved party a final resort to

the courts of justice.

It is generally true that purely

administrative and discretionary functions may not be interfered with by the courts; but when the

exercise of such functions by the administrative officer is tainted by

a failure to abide by the command of the law, then it is

incumbent on the courts to set matters right, with the Supreme

Court having the last say on the

matter.

When it comes to questions of law, administrative decisions

thereon are appealable to the courts of justice even without legislative permission; indeed,

even against legislative prohibition.

Ratio: Judicial tribunals cannot be

deprived of their inherent authority to

decide questions of law, initially or by way of review of administrative decisions. Being inherent, the power

cannot be withdrawn by the legislature through a law making such a decision

final and inappealable.

As to administrative agencies

exercising quasi-judicial or legislative power, there is an

underlying power in the courts to scrutinize the acts of such agencies on questions of law and jurisdiction even though no right

of review is given by statute. Even decisions of administrative

agencies which are declared final by law are not exempt from judicial review when so warranted.

Doctrine of Primary Jurisdiction simply calls for the determination of

administrative questions, which are

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ordinarily questions of fact, by

administrative agencies rather than courts of justice.

Application of the doctrine of primary jurisdiction: The doctrine of primary

jurisdiction applies only to the exercise

by an administrative agency of its quasi-

judicial function. When what is assailed is the validity or constitutionality of a rule or regulation issued by the

administrative agency in the performance of its quasi-legislative

function, the regular courts have jurisdiction to pass upon the same.

The doctrine does not warrant a court to arrogate unto itself

authority to resolve a controversy the jurisdiction over which is initially lodged with an

administrative body of special competence.

Where two administrative agencies share concurrent

jurisdiction with respect to a

particular issue, the settled rule is

that the body or agency that first takes cognizance of the complaint shall exercise

jurisdiction to the exclusion of the others.

A statute may vest exclusive original jurisdiction in an

administrative agency over

certain disputes and

controversies falling within the agencys special expertise.

Doctrine of Exhaustion of Administrative Remedies an

administrative decision must first be appealed to the administrative superiors

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 such

administrative remedies would have first

been exhausted. Reasons for the doctrine:

(1) The administrative superiors, if given

the opportunity, can correct the errors committed by their subordinates.

(2) Courts should as much as possible refrain from disturbing the findings of

administrative bodies in deference to the doctrine of separation of powers.

(3) On practical grounds, it is best that the courts, which are burdened enough

as they are with judicial cases, should not be saddled with the review of administrative cases.

(4) Judicial review of administrative

cases is usually effected through the special civil actions of certiorari, mandamus and prohibition, which are

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available only if there is no other plain,

speedy and adequate remedy.

The underlying principle of the rule on exhaustion of administrative remedies rests

on the presumption that the administrative agency, if afforded

a complete chance to pass upon the matter, will decide the same correctly. Indeed, the filing of a

motion for reconsideration is in fact encouraged before resort is

made to the courts as a matter of exhaustion of administrative remedies, to afford the agency

rendering the judgment an opportunity to correct any error it

may have committed through a misapprehension of facts or misappreciation of the evidence.

The doctrine of exhaustion of

administrative remedies need not be observed when not expressly required by law or when the

statute providing for the administrative remedy is merely

permissive. The rule on exhaustion of administrative remedies applies only where

there is an express legal

provision requiring such

administrative step as a condition precedent to taking action in court. It applies only where the

act of the administrative agency

concerned was performed

pursuant to its quasi-judicial function, and not when the

assailed act pertained to its rule-making or quasi-legislative power.

Exceptions:

(1) When the question raised is purely legal

(2) When the administrative body is in

estoppel (3) When the act complained of is

patently illegal

(4) When there is urgent need for judicial intervention

(5) When the claim involved is small

(6) When irreparable damage will be suffered

(7) When there is no other plain, speedy and adequate remedy

(8) When strong public interest is involved

(9) When the subject of the controversy

is private land (10) In quo warranto proceedings

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(11) When the issues submitted have

become moot and academic Appeal to the President

Of special interest is the question

of whether or not a decision of the Cabinet member has to be

appealed first to the President before it may be brought to a court of justice. Jurisprudence

on this matter is rather INDECISIVE.

There are two conflicting schools of thought:

(1) Appeal to the President is not

necessary because the Cabinet member is after all his alter ego and, under the doctrine of political agency, the acts

of the Cabinet member are the acts of the President.

Doctrine of Qualified Political Agency

the acts of a department secretary, who is considered to be an alter ego of the President, bear the implied or

assumed approval of the latter, and are valid unless the President actually

disapproves them.

(2) Appeal to the President was the final

step in the administrative process and therefore a condition precedent to appeal to the courts.

Effect of Noncompliance

Failure to exhaust administrative remedies does not affect the

jurisdiction of the court and merely results in the lack of a

cause of action which may be a ground for a motion to dismiss.

If this ground to dismiss the court

action is not properly or seasonably invoked, the court may proceed to hear the case. Exhaustion must be raised at the earliest possible time, even

before filing the answer to the complaint or pleading asserting a claim, by a motion to dismiss.

Otherwise, such a ground for dismissal would be deemed

waived.

A failure to exhaust

administrative remedies may also constitute forum shopping

which would likewise result in a dismissal of a simultaneous resort to a regular court for

purposes of obtaining relief. forum shopping exists when

both actions involve the same transactions, same essential

facts and circumstances and raise identical causes of action,

subject matter and issues.

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The court has the discretion to

require the observance of the doctrine and may, if it sees fit,

dispense with it and proceed with the disposition of the case.

At any rate, there is a ruling to the effect that a motion for

reconsideration must be filed before the special civil action for

certiorari may be availed of. Questions Reviewable

(1) Question of fact; and

(2) Question of law.

There is a question of fact

when the doubt or difference arises as to the truth or the

falsehood of alleged facts. When it comes to a question of fact, review of the administrative

decision lies in the discretion of the legislature, which may or

may not permit it as it sees fit. Denial of this remedy does not violate due process for the right

to appeal is generally not deemed embraced in the right to

a hearing.

There is a question of law

when the doubt or difference arises as to what the law is on a

certain state of facts. When it comes to a question of law, the

administrative decision may be

appealed to the courts of justice independently of legislative

permission or even against legislative prohibition.

Questions of Fact

Administrative agencies findings of fact on matters falling under their jurisdiction

are generally accorded respect, if not finality except

only where there is a clear showing of arbitrariness or grave abuse of discretion

The findings of fact of an

administrative agency must be respected so long as they

are supported by substantial evidence, even if such

evidence might not be

overwhelming or preponderant.

General Rule: Factual findings of

administrative agencies, that are

affirmed by the Court of Appeals, are conclusive upon and generally not reviewable by the Supreme Court.

Exceptions:

(1) When the findings are grounded entirely on speculation, surmises or

conjectures

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(2) When the inference made is manifestly mistaken, absurd or

impossible (3) When there is grave abuse of

discretion

(4) When the judgment is based on a misapprehension of facts

(5) When the findings of fact are conflicting

(6) When in making its findings, the Court of Appeals went beyond the

issues of the case, or its findings are contrary to the admissions of both the

appellant and the appellee (7) When the findings are contrary to the

trial court

(8) When the findings are conclusions without citation of specific evidence on which they are based

(9) When the facts set forth in the

petition as well as in the petitioners main and reply briefs are not disputed by the respondent

(10) When the findings of fact are

premised on the supposed absence of evidence and contradicted by the evidence on record

(11) When the Court of Appeals

manifestly overlooked certain relevant facts not disputed by the parties, which,

if properly considered, would justify a different conclusion

The rule that an appellate court may only pass upon errors

assigned, as well as its exceptions, is also applicable to administrative bodies.

Questions of Law

Administrative bodies may be

allowed to resolve questions of law in the exercise of their quasi-judicial function as an

incident of their primary power of regulation.

However, their determination on

this matter is only tentative at

best and, whenever necessary,

may be reviewed and reversed

by the courts in proper cases.

A question of law exists when

the doubt or controversy concerns the correct application

of law or jurisprudence to a certain set of facts; or when the issue does not call for an

examination of the probative value of the evidence presented,

the truth or falsehood of facts being admitted.

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The decision of legal questions is an essentially judicial power

that may not be withheld or withdrawn from the courts by legislation as the power is

inherent in the judiciary.

As a rule, it is only the judicial

tribunal that can interpret and

decide questions of law with finality.

The interpretation of an agency of its own rules should be given

more weight than the interpretation by the agency of the law it is merely tasked to

administer.

Documents

Reviewer - Administrative Law - JL Notes