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UST GOLDEN NOTES 2011

J. ADMINISTRATIVE LAW

the experience, expertise, and power of


dispatch to provide solution thereto.

a. GENERAL PRINCIPLES
Q: What is an instrumentality?
Q: Define Administrative Law?
A: It is a branch of public law fixing the
organization and determines the competence of
administrative authorities, and indicates the
individual remedies for the violation of the rights.
Q: What are the kinds of Administrative Law?

A: An instrumentality refers to any agency of the


national government not integrated within the
departmental framework, vested with special
functions or jurisdiction by law, with some if not
all corporate powers, administering special funds,
and enjoying operational autonomy, usually
through a charter. (Iron and Steel Authority v. CA,
G.R. No. 102976, Oct. 25, 1995)

A:
1.
2.

3.

4.

Statutes setting up administrative


authorities.
Body of doctrines and decisions dealing
with the creation, operation, and effect
of determinations and regulations of
such administrative authorities.
Rules, regulations, or orders of such
administrative authorities in pursuance
of
the
purposes,
for
which
administrative authorities were created
or endowed.
Determinations, decisions, and orders
of such administrative authorities in the
settlement of controversies arising in
their particular field.

b. CREATION OF ADMINISTRATIVE BODIES AND


AGENCIES
Q: What is an administrative agency?
A: It is an organ of government, other than a
court and the legislature, which affects the rights
of private parties either through adjudication or
rule making.
Q: How are agencies created?
A: By:
1.
2.
3.

Constitutional provision
Authority of law
Legislative enactment

Q: Cite reasons for the creation of administrative


agencies.
A: To:
1.
2.
3.
4.

Q: What is an Agency?
A: An agency is 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 rights, privileges,
occupation or business, and officials in the
exercise of the disciplinary powers as provided by
law.
Q: What is the distinction between the two?
A: There is no practical distinction between an
instrumentality and agency, for all intents and
purposes. A distinction, however, may be made
with respect to those entities possessing a
separate charter created by statute.
Q: What is a quasi judicial body or agency?
A: A quasi judicial body or agency is an
administrative body with the power to hear,
determine or ascertain facts and decide rights,
duties and obligations of the parties by the
application of rules to the ascertained facts. By
this power, quasi judicial agencies are enabled to
interpret and apply implementing rules and
regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Question)

c. POWERS OF ADMINISTRATIVE AGENCIES


Help unclog court dockets
mMeet the growing complexities of
modern society
Help in the regulation of ramified
activities of a developing country
Entrust to specialized agencies the task
of dealing with problems as they have

Q: What are the three basic powers of


administrative agencies?
A:
1.

Quasi legislative power or rule making


power

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.

ADMINISTRATIVE LAW
2.
3.

Quasi judicial or adjudicatory power


Determinative power
4.

Q: Distinguish between quasi legislative and


quasi judicial power.
A:
QUASI LEGISLATIVE
Operates on the future

Has general application


Issuance pursuant to the
exercise
of
quasi
legislative power may be
assailed in court without
subscribing
to
the
doctrine of exhaustion of
administrative remedies
(DEAR).
A valid exercise of quasi
legislative power does
not require prior notice
and hearing (except
when the law requires it).
An issuance pursuant to
the exercise of quasi
legislative power may be
assailed in court through
an ordinary action.

QUASI JUDICIAL
Operates based on past
facts
Has
particular
application
(applies
only to the parties
involved in a dispute)
Issuance pursuant to
the exercise of quasi
judicial power may, as a
rule, only be challenged
in court with prior
exhaustion
of
administrative
remedies.
A valid exercise of
quasi judicial
power
requires prior notice
and hearing (except
when the law requires
it)
An issuance pursuant to
the exercise of quasi
judicial function is
appealed to the Court
of Appeals via petition
for review (Rule 43).

1. Quasi Legislative (Rule Making) Power

enforce or suspend the operation of a


law.
Interpretative legislation rules and
regulations construing or interpreting
the provisions of a statute to be
enforced and binding on all concerned
until changed. They have the effect of
law and are entitled to great respect
having in their favor the presumption of
legality. E.g. BIR circulars.

Q: What are the requisites for the valid exercise


of quasi legislative power?
A:
1.
2.
3.
4.

5.
6.

Promulgated in accordance with the


Prescribed procedure.
Reasonable.
Issued under Authority of law.
Administrative regulations, issued for
the purpose of implementing existing
law, pursuant to a valid delegation are
included in the term laws under
Article 2, of the Civil Code and must
therefore be published in order to be
effective.
It must be within the Scope and
purview of the law.
Filing with the Office of the National
Administrative Register (ONAR) of the
University of the Philippines Law Center

Note: But mere interpretative regulations, and those


merely internal in nature, i.e. regulating only the
personnel of the administrative agency and not the
public, need not be published (Taada v. Tuvera,
G.R. No. 63915, December 29, 1986)

Q: Define quasi legislative power.


Q: What are the guidelines to rule making?
A: This is the exercise of delegated legislative
power, involving no discretion as to what the law
shall be, but merely the authority to fix the details
in the execution or enforcement of a policy set
out in the law itself.

A:
1.
2.

Q: What are the kinds of quasi legislative


power?

3.

A:

4.
1.
2.

3.

Legislative regulation
Supplementary or detailed legislation
which is intended to fill in the details of
the law and to make explicit what is
only general. e.g. Rules and Regulations
Implementing the Labor Code.
Contingent
legislation
in
which
administrative agencies are allowed to
ascertain the existence of particular
contingencies and on the basis thereof

5.

6.

It must be consistent with the law and


the constitution
It must have reasonable relationship to
the purpose of the law
It must be within the limits of the
power granted to administrative
agencies
May not amend, alter, modify, supplant,
enlarge, limit or nullify the terms of the
law
It must be uniform in operation,
reasonable and not unfair or
discriminatory
Must be promulgated in accordance
with the prescribed procedure

Q: What are the limitations on the exercise of


quasi legislative power?

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Facultad de Derecho Civil
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

UST GOLDEN NOTES 2011


A:
1.

2.

3.
4.

5.

It must be within the limits of the


powers granted to administrative
agencies.
Cannot make rules or regulations which
are inconsistent with the provision of
the Constitution or statute.
Cannot defeat the purpose of the
statute.
May not amend, alter, modify, supplant,
enlarge, or limit the terms of the
statute.
A rule or regulation must be uniform in
operation, reasonable and not unfair or
discriminatory.

Q: May an administrative agency promulgate


rules providing for penal sanction?
A: Yes, provided the following requisites are
complied with:
1. The law must declare the act
punishable;
2. The law must define the penalty;
3. The rules must be published in the
Official Gazette. (The Hon. Secretary
Vincent S. Perez v. LPG Refillers
Association of the Philippines, G.R. No.
159149, June 26, 2006)
Q: Are administrative officers tasked to
implement the law also authorized to interpret
the law?
A: Yes, because they have expertise to do so.
(PLDT v. NTC, G.R. No. 88404, Oct. 18, 1990)
Q: Are constructions of administrative officers
binding upon the courts?
A: Such interpretations of administrative officer
are given great weight, unless such construction is
clearly shown to be in sharp contrast with the
governing law or statute. (Nestle Philippines Inc.
v. CA, G.R. No. 86738, Nov. 13, 1991)
Q: What is the Doctrine of Subordinate
Legislation?
A: Power of administrative agency to promulgate
rules and regulations on matters within their own
specialization.
Q: What is the reason behind the delegation?
A: It is well established in this jurisdiction that,
while the making of laws is a non delegable
activity that corresponds exclusively to Congress,

nevertheless the latter may constitutionally


delegate authority to promulgate rules and
regulations to implement a given legislation and
effectuate its policies, for the reason that the
legislature often finds it impracticable (if not
impossible) to anticipate and provide for the
multifarious and complex situations that may be
met in carrying the law into effect. All that is
required is that the regulation should be germane
to the objects and purposes of the law; that the
regulation be not in contradiction with it, but
conform to the standards that the law prescribes.
Q: What are the limitations on the doctrine of
subordinate legislation?
A:
1.
2.
3.

4.

Rule making power


Cannot contravene a statute or the
constitution
Partakes the nature of a statute Rules
are not laws but have the force and
effect of laws.
Enjoys the presumption of legality
therefore courts should respect and
apply them unless declared invalid; all
other agencies should likewise respect
them.

Q: What is the concept of Contemporaneous


Construction?
A: The construction placed upon the statute by an
executive or administrative officer called upon to
execute or administer such statute.
These interpretative regulations are usually in the
form of circulars, directives, opinions, and rulings.
Note: Contemporaneous construction, while in no
case binding upon the courts, is nevertheless
entitled to great weight and respect in the
interpretation of ambiguous provisions of the law,
unless it is shown to be clearly erroneous.

2. Quasi Judicial (Adjudicatory) Power


Q: Define quasi judicial power.
A: It is the power of administrative authorities 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 partakes the
nature of judicial power, but is exercised by a
person other than a judge.

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.

ADMINISTRATIVE LAW
Q: How is the jurisdiction of a quasi judicial
agency construed?
A: An administrative body to which quasi judicial
power has been delegated is a tribunal of limited
jurisdiction and as such it could wield only such
powers as are specifically granted to it by its
enabling statute. Its jurisdiction is interpreted
strictissimi juris.

2.a. Administrative Due Process


Q: What is the nature of administrative
proceedings?
A: It is summary in nature.
Q: Is administrative proceedings bound by
technical rules of procedure and evidence?
A: The technical rules of procedure and of
evidence prevailing in courts of law and equity
are not controlling in administrative proceedings
to free administrative boards or agencies from
the compulsion of technical rules so that the
mere admission of matter which would be
deemed incompetent in judicial proceedings
would not invalidate an administrative order.
Note: The rules of procedure of quasi judicial bodies
shall remain effective unless disapproved by the
Supreme Court.

Q: What are the cardinal primary requirements


of due process in administrative proceedings?
A:
1.

2.
3.
4.
5.

6.

7.

Right to a hearing which includes the


right to present ones case and submit
evidence in support
The tribunal must consider the evidence
presented
The decision must be supported by
evidence
Such evidence must be substantial
The decision must be based on the
evidence presented at the hearing or at
least contained in the record, and
disclosed to the parties affected
The tribunal or body of any of its judges
must act on its own independent
consideration of the law and facts of
the controversy in arriving at a decision;
The board or body should render
decision that parties know the various
issues involved and reason for such
decision

8.

Officer or tribunal must be vested with


competent jurisdiction and must be
impartial and honest. (Ang Tibay v. CIR,
G.R. No. L 46496, Feb. 27, 1940)

Note: The essence of procedural due process in


administrative proceedings is the opportunity to be
heard, i.e. the opportunity to explain ones side or
opportunity to seek reconsideration of an adverse
decision.
What the law prohibits is not the absence of
previous notice but the absolute absence thereof
and the lack of opportunity to be heard.

Q: Does the due process clause encompass the


right to be assisted by counsel during an
administrative inquiry?
A: No. The right to counsel which may not be
waived, unless in writing and in the presence of
counsel, as recognized by the Constitution, is a
right of a suspect in a custodial investigation. It is
not an absolute right and may, thus, be invoked
or rejected in criminal proceeding and, with more
reason, in an administrative inquiry. (Lumiqued v.
Exevea, G.R No.. 117565, Nov. 18, 1997)
Q: What is the quantum of proof required in
administrative proceedings?
A: Only substantial evidence that amount of
relevant evidence that a reasonable mind might
accept as adequate to support a conclusion.
Q: When is the requirement of notice and
hearing not necessary?
A:
1.
2.
3.

4.

5.

6.
7.

8.
9.

Urgency of immediate action


Tentativeness of administrative action
Grant or revocation of licenses or
permits to operate certain businesses
affecting public order or morals
Summary abatement of nuisance per se
which affects safety of persons or
property
Preventive suspension of public officer
or employee facing administrative
charges
Cancellation of a passport of a person
sought for criminal prosecution
Summary proceedings of distraint and
levy upon property of a delinquent
taxpayer
Replacement of a temporary or acting
appointee
Right was previously offered but not
claimed

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Facultad de Derecho Civil
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

UST GOLDEN NOTES 2011


2.b. Administrative Appeal and Review
Q: What is the concept of Administrative
Appeal?
A: It refers to the review by a higher agency of
decisions rendered by an administrative agency,
commenced by petition of an interested party.
Note: Administrative appeals are established by the
1987 Administrative Code, which will govern
primarily in the absence of a specific law applicable.
Under the 1987 Administrative Code, administrative
appeals from a decision of an agency are taken to
the Department Head.

Q: What is the concept of administrative review?


A: Administrative appeals are not the only way by
which a decision of an administrative agency may
be reviewed. A superior officer or department
head may upon his or her own volition review a
subordinates decision pursuant to the power of
control.
Administrative reviews by a superior officer are,
however, subject to the caveat that a final and
executory decision is not included within the
power of control, and hence can no longer be
altered by administrative review.
Q: How may administrative decisions be
enforced?
A: It may be enforced.
1. As provided for by law
2. May invoke the courts intervention

2.c. Administrative Res Judicata


Q: Does the doctrine of res judicata apply to
administrative proceedings?
A: The doctrine of res judicata applies only to
judicial or quasi judicial proceedings and not to
the exercise of purely administrative functions.
Administrative proceedings are non litigious and
summary in nature; hence, res judicata does not
apply.

3. Licensing, Rate Fixing and Fact Finding Powers


Q: What is Licensing Power?
A: The action of an administrative agency in
granting or denying, or in suspending or revoking,
a license, permit, franchise, or certificate of public

convenience and necessity.


Administrative Law, 2010)

(De

Leon,

Q: What is the nature of an administrative agencys


act if it is empowered by a statute to revoke a
license for non compliance or violation of agency
regulations?
A: For procedural purposes, an administrative action
is not a purely administrative act if it is dependent
upon the ascertainment of facts by the
administrative agency. Where a statute empowers
an agency to revoke a license for non compliance
with or violation of agency regulations, the
administrative act is of a judicial nature, since it
depends upon the ascertainment if the existence of
certain past or present facts upon which a decision is
to be made and rights and liabilities determined.

Q: Define Rate Fixing Power.


A: It is the power usually delegated by the
legislature to administrative agencies for the
latter to fix the rates which public utility
companies may charge the public. (De Leon,
Administrative Law, 2010)
Q: What does the term rate mean?
A: It means any charge to the public for a service
open to all and upon the same terms, including
individual or joint rates, tolls, classification or
schedules thereof, as well as communication,
mileage, kilometrage and other special rates
which shall be imposed by law or regulation to be
observed and followed by a person.
Note: Fixing rates is essentially legislative but may be
delegated. (Philippine Inter Island v. CA, G.R. No.
100481, January 22, 1997)

Q: How is rate fixing power performed?


A: The administrative agencies perform this
function either by issuing rules and regulations in
the exercise of their quasi legislative power or by
issuing orders affecting a specified person in the
exercise of its quasi judicial power. (De Leon,
Administrative Law, 2010)
Q: May the function of fixing rates be either a
legislative or adjudicative function?
A: Yes. The function of prescribing rates by an
administrative agency may be either a legislative
or and adjudicative function. (De Leon,
Administrative Law, 2010)

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.

ADMINISTRATIVE LAW
Q: If the power to fix rates is exercised as a
legislative function, are notice and hearing
required?
A: Where the rules and/or rates laid down are
meant to apply to all enterprises of a given kind
throughout the country, they may partake of a
legislative character. If the fixing of rates were a
legislative function, the giving of prior notice and
hearing to the affected parties is not a
requirement of due process, except where the
legislature itself requires it. (De Leon,
Administrative Law, 2010)
Q: What if it is exercised as a quasi judicial
function?
A: Where the rules and the rate imposed apply
exclusively to a particular party, based upon a
finding of fact, then its function is quasi judicial in
character.
As regards rates prescribed by an administrative
agency in the exercise of its quasi judicial
function, prior notice and hearing are essential to
the validity of such rates. But an administrative
agency may be empowered by law to approve
provisionally, when demanded by urgent public
need, rates of public utilities without a hearing.
(De Leon, Administrative Law, 2010)
Note: As a general rule, notice and hearing are not
essential to the validity of an administrative action
where the administrative body acts in the exercise of
executive, administrative, or legislative functions;
but where a public administrative body acts in a
judicial or quasi judicial matter, and its acts are
particular and immediate rather than general and
prospective, the person whose rights or property
may be affected by the action is entitled to notice
and hearing. (Philippine Consumers Foundation, Inc.
v Secretary of DECS, G.R. No. 78385, August 31,
1987)

Q: In case of a delegation of rate fixing power,


what is the only standard which the legislature is
required to prescribe for the guidance of
administrative authority?
A: That the rate be reasonable and just.
(American Tobacco Co. v Director of Patents, 67
SCRA 287, 1975)
Q: In the absence of an express requirement as
to reasonableness, may the standard be
implied?
A: Yes. In any case, the rates must both be non
confiscatory and must have been established in

the manner prescribed by the legislature. Even in


the absence of an express requirement as to
reasonableness, this standard may be implied. A
rate fixing order, temporary or provisional though
it may be, is not exempt from the procedural
requirements of notice and hearing when
prescribed by statute, as well as the requirement
of reasonableness. (De Leon, Administrative Law
2010, pp. 164 165)
Q: May the delegated power to fix rates be re
delegated?
A: The power delegated to an administrative
agency to fix rates cannot, in the absence of a law
authorizing it, be delegated to another. This is
experessed in the maxim, potestas delagata non
delegari protest. (Kilusang Mayo Uno Labor
Center v. Garcia, Jr., 39 SCRA386, 1994)
Q: May congress delegate to an administrative
agency the power to ascertain facts as basis to
determine when a law may take into effect or
whether a law may be suspended or come to an
end, in accordance with the purpose or policy of
the law and the standard for the exercise of the
power delegated?
A: Yes. This is not delegation of what the law shall
be, but how the law will be enforced, which is
permissible. Hence the legislature may delegate
to an administrative agency the power to
determine some fact or state of things upon
which the law makes, or intends to make, its own
action depend, or the law may provide that it
shall become operative only upon the
contingency or some certain fact or event, the
ascertainment of which is left to an
administrative agency. (1 Am. Jur. 2d 930 931)
Q: What are the requirements for the delegation
of the power to ascertain facts to be valid?
A: The law delegating the power to determine
some facts or state of things upon which the law
may take effect or its operation suspended must
provide the standard, fix the limits within which
the discretion may be exercised, and define the
conditions therefor. Absent these requirements,
the law and the rules issued thereunder are void,
the former being an undue delegation of
legislative power and the latter being the exercise
if rule making without legal basis. (U.S. v. Ang
Tang Ho, 43 Phil. 1, 1992)
Q: In connection with the evidence presented
before a fact finding quasi judicial body, do the
latter have a power to take into consideration

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Facultad de Derecho Civil
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

UST GOLDEN NOTES 2011


the result of its own observation and
investigation of the matter submitted to it for
decision?
A: A fact finding quasi judicial body (e.g., Land
Transportation Franchising and Regulatory Board)
whose decisions (on questions regarding
certificated of public convenience) are influenced
not only by the facts as disclosed by the evidence
in the case before it but also by the reports of its
field agents and inspectors that are periodically
submitted to it, has the power to take into
consideration the result of its own observation
and investigation of the matter submitted to it for
decision, in connection with other evidence
presented at the hearing of the case (Pantranco
South Express, Inc. v Board of Transportaion, 191
SCRA 581,1991)

d. JUDICIAL RECOURSE AND REVIEW


1. Doctrine of Primary Administrative
Jurisdiction
Q: What is the doctrine of primary jurisdiction or
doctrine of prior resort?
A: Under the principle of primary jurisdiction,
courts cannot or will not determine a controversy
involving question within the jurisdiction of an
administrative body prior to the decision of that
question by the administrative tribunal where:

4. Determinative Powers
Q: Define determinative powers.
A: It is the power of administrative agencies to
better enable them to exercise their quasi judicial
authority.
Q: What consisted determinative powers?
A: DEDE_S
1. Enabling Permits the doing of an act
which the law undertakes to regulate
and which would be unlawful without
government approval.
2. Directing Orders the doing or
performance of particular acts to
ensure the compliance with the law and
are often exercised for corrective
purposes.
3. Dispensing To relax the general
operation of a law or to exempt from
general prohibition, or to relieve an
individual or a corporation from an
affirmative duty.
4. Examining This is also called
investigatory power. It requires
production of books, papers, etc., the
attendance of witnesses and compelling
their testimony.
5. Summary Power to apply compulsion
or force against persons or property to
effectuate a legal purpose without
judicial warrants to authorize such
actions.

1.

The question demands administrative


determination
requiring
special
knowledge, experience and services of
the administrative tribunal;

2.

The question requires determination of


technical and intricate issues of a fact;

3.

The uniformity of ruling is essential to


comply with purposes of the regulatory
statute administered

Note: In such instances, relief must first be obtained


in administrative proceeding before a remedy will be
supplied by the courts even though the matter is
within the proper jurisdiction of a court. The judicial
process is accordingly suspended pending referral of
the claim to the administrative agency for its view.

Q: What are the reasons for this doctrine?


A:
1.

To take full advantage of administrative


expertness; and

2.

To attain uniformity of application of


regulatory laws which can be secured
only if determination of the issue is left
to the administrative body

Q: When is the doctrine inapplicable?


A:
1.

When, by the court's determination, the


legislature did not intend that the issues
be left solely to the initial
determination of the administrative
body.

2.

When the issues


questions of law.

3.

When courts and administrative bodies


have concurrent jurisdiction.

involve

purely

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.

ADMINISTRATIVE LAW
Q: Can the court motu proprio raise the issue of
primary jurisdiction?
A: The court may motu proprio raise the issue of
primary jurisdiction and its invocation cannot be
waived by the failure of the parties to argue it, as
the doctrine exists for the proper distribution of
power between judicial and
administrative
bodies and not for the convenience of the parties.
In such case the court may:
1. Suspend the judicial process pending
referral of such issues to the
administrative body for its review, or
2. If the parties would not be unfairly
disadvantaged, dismiss the case without
prejudiced. (Euro Med laboratories Phil.
vs. Province of Batangas, G.R No.
148706, July 17, 2006)

5.

Q: What are the exceptions to the application of


the doctrine?
A: DELILA PULP MUN Q
1.
2.
3.
4.
5.

6.
2. Doctrine of Exhaustion of Administrative
Remedies
7.
Q: What is the doctrine of exhaustion of
administrative remedies?
A: This doctrine calls for resort first to the
appropriate administrative authorities in the
resolution of a controversy falling under their
jurisdiction and must first be appealed to the
administrative superiors up to the highest level
before the same may be elevated to the courts of
justice for review.
Note: The premature invocation of the courts
intervention is fatal to ones cause of action.
Exhaustion of administrative remedies is a
prerequisite for judicial review; it is a condition
precedent which must be complied with.

Q: What are the reasons for exhausting


administrative remedies?

To avail of administrative remedy


entails lesser expenses and provides for
a speedier disposition of controversies.

8.
9.
10.
11.

12.

13.
14.

Violation of Due process


When there is Estoppel on the part of
the administrative agency concerned
When the issue involved is a purely
Legal question
When there is Irreparable injury
When the administrative action is
patently illegal amounting to Lack or
excess of jurisdiction
When the respondent is a Department
Secretary whose acts as an Alter ego of
the President bears the implied and
assumed approval of the latter
When the subject matter is a Private
land case proceedings
When it would be Unreasonable
When no administrative review is
provided by Law
When the rule does not provide a Plain,
speedy, and adequate remedy
When the issue of non exhaustion of
administrative remedies has been
rendered Moot
When
there
are
circumstances
indicating the Urgency of judicial
intervention
When it would amount to a Nullification
of a claim; and
Where the rule of Qualified political
agency applies. (Laguna CATV Network
v. Maraan, G.R. No. 139492, Nov. 19,
2002)

Q: What is the effect of non exhaustion of


administrative remedies?

A:
1.

2.

3.
4.

To enable the administrative superiors


to correct the errors committed by their
subordinates.
Courts should refrain from disturbing
the findings of administrative bodies in
deference to the doctrine of separation
of powers.
Courts should not be saddled with the
review of administrative cases.
Judicial review of administrative cases is
usually effected through special civil
actions which are available only if there
is no other plain, speedy, and adequate
remedy.

A: It will deprive the complainant of a cause of


action, which is a ground for a motion of dismiss.
Q: Is non compliance with the doctrines of
primary
jurisdiction
or
exhaustion
of
administrative remedies a jurisdictional defect?
A: No. Non compliance with the doctrine of
primary jurisdiction or doctrine of exhaustion of
administrative remedies is not jurisdictional for
the defect may be waived by a failure to assert
the same at the earliest opportune time.

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Facultad de Derecho Civil
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

UST GOLDEN NOTES 2011


Q: Distinguish the doctrine of primary
jurisdiction from the doctrine of exhaustion of
administrative remedies.

GR: Courts will not disturb the findings


of administrative agencies acting within
the parameters of their own
competence,
special
knowledge,
expertise, and experience. The courts
ordinarily accord respect if not finality
to factual findings of administrative
tribunals.

A:
DOCTRINE OF
EXHAUSTION OF
ADMINISTRATIVE
REMEDIES

DOCTRINE OF
PRIMARY
JURISDICTION

Both deal with the proper relationships between the


courts and administrative agencies.
Applies where a case is
within the concurrent
jurisdiction of the court
and an administrative
agency
but
the
determination of the
case
requires
the
technical expertise of
the
administrative
agency

Applies where a claim is


cognizable in the first
instance
by
an
administrative
agency
alone

Although the matter is


within the jurisdiction
of the court, it must
yield to the jurisdiction
of the administrative
case

Judicial interference is
withheld
until
the
administrative
process
has been completed

XPN: If findings are not supported by


substantial evidence.
2.

Questions of Law administrative


decisions may be appealed to the courts
independently of legislative permission.
It may be appealed even against
legislative prohibition because the
judiciary cannot be deprived of its
inherent power to review all decisions
on questions of law.

3.

Mixed ( law and fact) when there is a


mixed question of law and fact and the
court cannot separate the elements to
see clearly what and where the mistake
of law is, such question is treated as
question of fact for purposes of review
and the courts will not ordinarily review
the decision of the administrative
tribunal.

3. Doctrine of Ripeness for Review


Q: What is the Doctrine of Ripeness for Review?
A: This doctrine is the similar to that of
exhaustion of administrative remedies except
that it applies to the rule making and to
administrative action which is embodied neither
in rules and regulations nor in adjudication or
final order.
Q: When does the doctrine apply?
A: VICS
1.

2.
3.

4.

When the Interest of the plaintiff is


subjected to or imminently threatened
with substantial injury.
If the statute is Self executing.
When a party is immediately
confronted with the problem of
complying or violating a statute and
there is a risk of Criminal penalties.
When plaintiff is harmed by the
Vagueness of the statute.

4. Doctrine of Finality of Administrative Action


Q: What is the doctrine
administrative action?

Q: What are the instances where the doctrine


finds no application?
A: DEAR PIA
1.

2.

3.

A:

4.

Questions of fact

finality of

A: This doctrine provides that no resort to courts


will be allowed unless administrative action has
been completed and there is nothing left to be
done in the administrative structure.

Q: What are the questions reviewable by the


courts?

1.

of

To grant relief to Preserve the status


quo pending further action by the
administrative agency
When it is Essential to the protection of
the rights asserted from the injuries
threatened
Where an administrative officer
Assumes to act in violation of the
Constitution and other laws
Where such order is not Reviewable in
any other way and the complainant will

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.

ADMINISTRATIVE LAW

5.
6.

7.

suffer great and obvious damage if the


order is carried out
To an Interlocutory order affecting the
merits of a controversy
To an order made in excess of power,
contrary to specific prohibition in the
statute governing the agency and thus
operating as a Deprivation of a right
assured by the statute
When review is Allowed by statutory
provisions.

Q: What are the grounds for reversal of


administrative findings?

A: Judicial review is the re examination or


determination by the courts in the exercise of
their judicial power in an appropriate case
instituted by a party aggrieved thereby as to
whether the questioned act, rule, or decision has
been validly or invalidly issued or whether the
same should be nullified, affirmed or modified.
Note: The mere silence of the law does not
necessarily imply that judicial review is unavailable.

Q: What are the requisites of judicial review of


administrative action?
A:
1.

A:
1.
2.
3.
4.

5.

6.
7.

8.

Finding is grounded on speculations or


conjectures
Inferences made are manifestly
mistaken or impossible
Grave abuse of discretion
Misapprehension of facts, or the agency
overlooked certain facts of substance or
value which if considered would affect
the result of the case.
Agency went beyond the issues of the
case and the same are contrary to the
admissions of the parties or the
presented
Irregular procedures or the violation of
the due process
Rights of a party were prejudiced
because the findings were in violation
of the constitution, or in excess of
statutory authority, vitiated by fraud,
mistake
Findings not supported by substantial
evidence

2.

Administrative action must have been


completed (the principle of finality of
administrative action;) and
Administrative remedies must have
been exhausted known as (the
principle of exhaustion of administrative
remedies.)

Q: What are the limitations on judicial review?


A:
1. Final and executory decisions cannot be
made the subject of judicial review.
2. Administrative acts involving a political
question are beyond judicial review,
except when there is an allegation that
there has been grave abuse of
discretion.
3. Courts are generally bound by the
findings of fact of an administrative
agency.
Q: Is the rule that findings of facts by
administrative agencies are binding on the
courts subject to any exceptions?

5. Judicial Relief from Threatened Administrative


Action

A:
GR: Yes.

Q: Can courts render a a decree in advance of


administrative action?

XPN: FIPE GES

A: Courts will not render a decree in advance of


administrative action. Such action would be
rendered nugatory.
It is not for the court to stop an administrative
officer from performing his statutory duty for fear
that he will perform it wrongly.

6. Judicial Review of Administrative Action


Q: What is the concept of judicial review?

1.
2.
3.
4.
5.
6.
7.

Findings are vitiated by Fraud,


imposition, or collusion
Procedure which led to factual findings
is Irregular
Palpable errors are committed
Factual findings not supported by
Evidence
Grave abuse of discretion, arbitrariness,
or capriciousness is manifest
When expressly allowed by Statute; and
Error in appreciation of the pleadings
and in the interpretation of the
documentary evidence presented by
the parties

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II


UNIVERSITY OF SANTO TOMAS
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
Facultad de Derecho Civil
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAY OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

UST GOLDEN NOTES 2011


Q: What are the grounds which would warrant
the reversal of administrative finding?
A: MIGS VIBE
1. Misapprehension of facts, or the agency
overlooked certain facts of substance or
value which if considered would affect
the result of the case
2.

Interferences made are manifestly


mistaken, absurd, or impossible

3.

Grave abuse of discretion

4.

Finding is grounded on Speculations,


surmises, or conjectures

5.

Rights of the parties were prejudiced


because the findings were in Violation
of the constitution, or in excess of
statutory authority, vitiated by fraud, or
mistake

6.

Irregular procedures or violations of


due process

7.

Agency went Beyond the issues of the


case and the same are contrary to the
admissions of the parties or the
evidence presented

8.

Findings not supported by substantial


Evidence.

POLITICAL LAW TEAM:


ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II &
HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS,
CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA
G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L.
VILLAMOR.