UST Golden Notes - Administrative Law

UST GOLDEN NOTES 2011
J.ADMINISTRATIVELAW theexperience,expertise,andpowerof
dispatchtoprovidesolutionthereto.
a.GENERALPRINCIPLES
Q:Whatisaninstrumentality?
Q:DefineAdministrativeLaw?
A:Aninstrumentalityreferstoanyagencyofthe
A: It is a branch of public law fixing the national government not integrated within the
organization and determines the competence of departmental framework, vested with special
administrative authorities, and indicates the functions or jurisdiction by law, with some if not
individualremediesfortheviolationoftherights. allcorporatepowers,administeringspecialfunds,
and enjoying operational autonomy, usually
Q:WhatarethekindsofAdministrativeLaw? throughacharter.(IronandSteelAuthorityv.CA,
G.R.No.102976,Oct.25,1995)
A:
1. Statutes setting up administrative Q:WhatisanAgency?
authorities.
2. Bodyofdoctrinesanddecisionsdealing A: An agency is any department, bureau, office,
withthecreation,operation,andeffect commission, authority or officer of the national
of determinations and regulations of government,authorizedbylaworexecutiveorder
suchadministrativeauthorities. to make rules, issue licenses, grant rights or
3. Rules, regulations, or orders of such privileges, and adjudicate cases; research
administrative authorities in pursuance institutions with respect to licensing functions;
of the purposes, for which government corporations with respect to
administrativeauthoritieswerecreated functions regulating private rights, privileges,
orendowed. occupation or business, and officials in the
4. Determinations, decisions, and orders exerciseofthedisciplinarypowersasprovidedby
ofsuchadministrativeauthoritiesinthe law.
settlement of controversies arising in
theirparticularfield. Q:Whatisthedistinctionbetweenthetwo?

b.CREATIONOFADMINISTRATIVEBODIESAND A: There is no practical distinction between an
AGENCIES instrumentality and agency, for all intents and
purposes. A distinction, however, may be made
Q:Whatisanadministrativeagency? with respect to those entities possessing a
separatechartercreatedbystatute.
A: It is an organ of government, other than a
courtandthelegislature,whichaffectstherights Q:Whatisaquasijudicialbodyoragency?
of private parties either through adjudication or
rulemaking. A: A quasijudicial body or agency is an
administrative body with the power to hear,
Q:Howareagenciescreated? determine or ascertain facts and decide rights,
duties and obligations of the parties by the
A:By: application of rules to the ascertained facts. By
1. Constitutionalprovision thispower,quasijudicialagenciesareenabledto
2. Authorityoflaw interpret and apply implementing rules and
3. Legislativeenactment regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Q:Citereasonsforthecreationofadministrative Question)
agencies.

A:To: c.POWERSOFADMINISTRATIVEAGENCIES
1. Helpunclogcourtdockets
2. mMeet the growing complexities of Q: What are the three basic powers of
modernsociety administrativeagencies?
3. Help in the regulation of ramified
activitiesofadevelopingcountry A:
4. Entrust to specialized agencies the task 1. Quasilegislative power or rulemaking
of dealing with problems as they have power
146
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
2. Quasijudicialoradjudicatorypower enforce or suspend the operation of a

3. Determinativepower law.
4. Interpretative legislation rules and
Q: Distinguish between quasilegislative and regulations construing or interpreting
quasijudicialpower. the provisions of a statute to be
enforced and binding on all concerned
A: until changed. They have the effect of
QUASILEGISLATIVE QUASIJUDICIAL law and are entitled to great respect
Operatesonthefuture Operatesbasedonpast havingintheirfavorthepresumptionof
facts legality.E.g.BIRcirculars.
Has particular
application (applies Q:Whataretherequisitesforthevalidexercise
Hasgeneralapplication
only to the parties ofquasilegislativepower?
involvedinadispute)
Issuance pursuant to the Issuance pursuant to A:
exercise of quasi the exercise of quasi 1. Promulgated in accordance with the
legislative power may be judicialpowermay,asa Prescribedprocedure.
assailed in court without rule,onlybechallenged
2. Reasonable.
subscribing to the in court with prior
3. IssuedunderAuthorityoflaw.
doctrineofexhaustionof exhaustion of
administrative remedies administrative
4. Administrative regulations, issued for
(DEAR). remedies. the purpose of implementing existing
A valid exercise of law, pursuant to a valid delegation are
A valid exercise of quasi included in the term laws under
quasijudicial power
legislative power does Article 2, of the Civil Code and must
requires prior notice
not require prior notice therefore be published in order to be
and hearing (except
and hearing (except effective.
when the law requires
whenthelawrequiresit).
it) 5. It must be within the Scope and
Anissuancepursuantto purviewofthelaw.
An issuance pursuant to
the exercise of quasi 6. Filing with the Office of the National
the exercise of quasi
judicial function is Administrative Register (ONAR) of the
legislative power may be
appealed to the Court UniversityofthePhilippinesLawCenter
assailed in court through
of Appeals via petition
anordinaryaction.
forreview(Rule43). Note:Butmereinterpretativeregulations,andthose
merely internal in nature, i.e. regulating only the
personnel of the administrative agency and not the
1.QuasiLegislative(RuleMaking)Power public, need not be published (Taada v. Tuvera,
G.R.No.63915,December29,1986)
Q:Definequasilegislativepower.
Q:Whataretheguidelinestorulemaking?
A: This is the exercise of delegated legislative
power,involvingnodiscretionastowhatthelaw A:
shallbe,butmerelytheauthoritytofixthedetails 1. It must be consistent with the law and
in the execution or enforcement of a policy set theconstitution
outinthelawitself. 2. Itmusthavereasonablerelationshipto
thepurposeofthelaw
Q: What are the kinds of quasilegislative 3. It must be within the limits of the
power? power granted to administrative
agencies
A: 4. Maynotamend,alter,modify,supplant,
1. Legislativeregulation enlarge,limitornullifythetermsofthe
2. Supplementary or detailed legislation law
whichisintendedtofillinthedetailsof 5. It must be uniform in operation,
the law and to make explicit what is reasonable and not unfair or
onlygeneral.e.g.RulesandRegulations discriminatory
ImplementingtheLaborCode. 6. Must be promulgated in accordance
3. Contingent legislation in which withtheprescribedprocedure
administrative agencies are allowed to
ascertain the existence of particular Q: What are the limitations on the exercise of
contingencies and on the basis thereof quasilegislativepower?
147
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

A: nevertheless the latter may constitutionally
1. It must be within the limits of the delegate authority to promulgate rules and
powers granted to administrative regulations to implement a given legislation and
agencies. effectuate its policies, for the reason that the
2. Cannotmakerulesorregulationswhich legislature often finds it impracticable (if not
are inconsistent with the provision of impossible) to anticipate and provide for the
theConstitutionorstatute. multifarious and complex situations that may be
3. Cannot defeat the purpose of the met in carrying the law into effect. All that is
statute. requiredisthattheregulationshouldbegermane
4. Maynotamend,alter,modify,supplant, to the objects and purposes of the law; that the
enlarge, or limit the terms of the regulation be not in contradiction with it, but
statute. conformtothestandardsthatthelawprescribes.
5. Aruleorregulationmustbeuniformin
operation,reasonableandnotunfairor Q: What are the limitations on the doctrine of
discriminatory. subordinatelegislation?

Q: May an administrative agency promulgate A:
rulesprovidingforpenalsanction? 1. Rulemakingpower
2. Cannot contravene a statute or the
A: Yes, provided the following requisites are constitution
compliedwith: 3. PartakesthenatureofastatuteRules
1. The law must declare the act are not laws but have the force and
punishable; effectoflaws.
2. Thelawmustdefinethepenalty; 4. Enjoys the presumption of legality
3. The rules must be published in the therefore courts should respect and
Official Gazette. (The Hon. Secretary apply them unless declared invalid; all
Vincent S. Perez v. LPG Refillers other agencies should likewise respect
Association of the Philippines, G.R. No. them.
159149,June26,2006)
Q: What is the concept of Contemporaneous
Q: Are administrative officers tasked to Construction?
implement the law also authorized to interpret
thelaw? A:Theconstructionplaceduponthestatutebyan
executiveoradministrativeofficercalleduponto
A: Yes, because they have expertise to do so. executeoradministersuchstatute.
(PLDTv.NTC,G.R.No.88404,Oct.18,1990)
Theseinterpretativeregulationsareusuallyinthe
Q: Are constructions of administrative officers formofcirculars,directives,opinions,andrulings.
bindinguponthecourts?
Note: Contemporaneous construction, while in no
A: Such interpretations of administrative officer case binding upon the courts, is nevertheless
aregivengreatweight,unlesssuchconstructionis entitled to great weight and respect in the
clearly shown to be in sharp contrast with the interpretation of ambiguous provisions of the law,
governing law or statute. (Nestle Philippines Inc. unlessitisshowntobeclearlyerroneous.
v.CA,G.R.No.86738,Nov.13,1991)

Q: What is the Doctrine of Subordinate 2.QuasiJudicial(Adjudicatory)Power
Legislation?
Q:Definequasijudicialpower.
A:Powerofadministrativeagencytopromulgate
rulesandregulationsonmatterswithintheirown A:Itisthepowerofadministrativeauthoritiesto
specialization. makedeterminationsoffactsintheperformance
oftheirofficialdutiesandtoapplythelawasthey
Q:Whatisthereasonbehindthedelegation? construe it to the facts so found. It partakes the
nature of judicial power, but is exercised by a
A: It is well established in this jurisdiction that, personotherthanajudge.
while the making of laws is a nondelegable
activity thatcorrespondsexclusivelytoCongress,
148
POLITICALLAWTEAM:
VILLAMOR.
ADMINISTRATIVE LAW
Q: How is the jurisdiction of a quasijudicial 8. Officer or tribunal must be vested with

agencyconstrued? competent jurisdiction and must be
impartialandhonest.(AngTibayv.CIR,
A:Anadministrativebodytowhichquasijudicial G.R.No.L46496,Feb.27,1940)
powerhasbeendelegatedisatribunaloflimited
jurisdiction and as such it could wield only such Note: The essence of procedural due process in
powers as are specifically granted to it by its administrative proceedings is the opportunity to be
enabling statute. Its jurisdiction is interpreted heard, i.e. the opportunity to explain ones side or
strictissimijuris. opportunity to seek reconsideration of an adverse
decision.

2.a.AdministrativeDueProcess What the law prohibits is not the absence of
previous notice but the absolute absence thereof
andthelackofopportunitytobeheard.
Q: What is the nature of administrative

proceedings?
Q: Does the due process clause encompass the

right to be assisted by counsel during an
A:Itissummaryinnature.
administrativeinquiry?

Q: Is administrative proceedings bound by
A: No. The right to counsel which may not be
technicalrulesofprocedureandevidence?
waived, unless in writing and in the presence of
counsel, as recognized by the Constitution, is a

A: The technical rules of procedure and of
rightofasuspectinacustodialinvestigation.Itis
evidence prevailing in courts of law and equity
not an absolute right and may, thus, be invoked
are not controlling in administrative proceedings
orrejectedincriminalproceedingand,withmore
to free administrative boards or agencies from
reason,inanadministrativeinquiry.(Lumiquedv.
the compulsion of technical rules so that the
Exevea,G.RNo..117565,Nov.18,1997)
mere admission of matter which would be

deemed incompetent in judicial proceedings
Q: What is the quantum of proof required in
wouldnotinvalidateanadministrativeorder.
administrativeproceedings?

Note:Therulesofprocedureofquasijudicialbodies
shall remain effective unless disapproved by the
A: Only substantial evidence that amount of
SupremeCourt. relevant evidence that a reasonable mind might
acceptasadequatetosupportaconclusion.
Q: What are the cardinal primary requirements
ofdueprocessinadministrativeproceedings? Q: When is the requirement of notice and
hearingnotnecessary?
A:
1. Right to a hearing which includes the A:
right to present ones case and submit 1. Urgencyofimmediateaction
evidenceinsupport 2. Tentativenessofadministrativeaction
2. Thetribunalmustconsidertheevidence 3. Grant or revocation of licenses or
presented permits to operate certain businesses
3. The decision must be supported by affectingpublicorderormorals
evidence 4. Summaryabatementofnuisanceperse
4. Suchevidencemustbesubstantial which affects safety of persons or
5. The decision must be based on the property
evidencepresentedatthehearingorat 5. Preventive suspension of public officer
least contained in the record, and or employee facing administrative
disclosedtothepartiesaffected charges
6. Thetribunalorbodyofanyofitsjudges 6. Cancellation of a passport of a person
must act on its own independent soughtforcriminalprosecution
consideration of the law and facts of 7. Summary proceedings of distraint and
thecontroversyinarrivingatadecision; levy upon property of a delinquent
7. The board or body should render taxpayer
decision that parties know the various 8. Replacement of a temporary or acting
issues involved and reason for such appointee
decision 9. Right was previously offered but not
claimed
149

2.b.AdministrativeAppealandReview convenience and necessity. (De Leon,
AdministrativeLaw,2010)
Q: What is the concept of Administrative
Appeal? Q:Whatisthenatureofanadministrativeagencys
act if it is empowered by a statute to revoke a
A: It refers to the review by a higher agency of license for noncompliance or violation of agency
decisions rendered by an administrative agency, regulations?
commencedbypetitionofaninterestedparty.
A:Forproceduralpurposes,anadministrativeaction
is not a purely administrative act if it is dependent
Note:Administrativeappealsareestablishedbythe
upon the ascertainment of facts by the
1987 Administrative Code, which will govern
administrative agency. Where a statute empowers
primarilyintheabsenceofaspecificlawapplicable.
an agency to revoke a license for noncompliance
Underthe1987AdministrativeCode,administrative
with or violation of agency regulations, the
appeals from a decision of an agency are taken to
administrative act is of a judicial nature, since it
theDepartmentHead.
dependsupontheascertainmentiftheexistenceof

certainpastorpresentfactsuponwhichadecisionis
Q:Whatistheconceptofadministrativereview?
tobemadeandrightsandliabilitiesdetermined.

A:Administrativeappealsarenottheonlywayby
Q:DefineRateFixingPower.
whichadecisionofanadministrativeagencymay

be reviewed. A superior officer or department
A: It is the power usually delegated by the
head may upon his or her own volition review a
legislature to administrative agencies for the
subordinates decision pursuant to the power of
latter to fix the rates which public utility
control.
companies may charge the public. (De Leon,

Administrative reviews by a superior officer are,

however, subject to the caveat that a final and
Q:Whatdoesthetermratemean?
executory decision is not included within the

power of control, and hence can no longer be
A:Itmeansanychargetothepublicforaservice
alteredbyadministrativereview.
open to all and upon the same terms, including

individual or joint rates, tolls, classification or
Q: How may administrative decisions be
schedules thereof, as well as communication,
enforced?
mileage, kilometrage and other special rates
A:Itmaybeenforced.
whichshallbeimposedbylaworregulationtobe
1. Asprovidedforbylaw
observedandfollowedbyaperson.
2. Mayinvokethecourtsintervention

Note:Fixingratesisessentiallylegislativebutmaybe
delegated. (Philippine InterIsland v. CA, G.R. No.
2.c.AdministrativeResJudicata 100481,January22,1997)

Q: Does the doctrine of res judicata apply to Q:Howisratefixingpowerperformed?
administrativeproceedings?
A: The administrative agencies perform this
A: The doctrine of res judicata applies only to functioneitherbyissuingrulesandregulationsin
judicial or quasi judicial proceedings and not to theexerciseoftheirquasilegislativepowerorby
the exercise of purely administrative functions. issuing orders affecting a specified person in the
Administrative proceedings are non litigious and exercise of its quasijudicial power. (De Leon,
summary in nature; hence, res judicata does not AdministrativeLaw,2010)
apply.
Q: May the function of fixing rates be either a
legislativeoradjudicativefunction?
3.Licensing,RateFixingandFactFindingPowers
A: Yes. The function of prescribing rates by an
Q:WhatisLicensingPower? administrative agency may be either a legislative
or and adjudicative function. (De Leon,
A: The action of an administrative agency in AdministrativeLaw,2010)
grantingordenying,orinsuspendingorrevoking,
alicense,permit,franchise,orcertificateofpublic
150
POLITICALLAWTEAM:
VILLAMOR.
ADMINISTRATIVE LAW
Q: If the power to fix rates is exercised as a themannerprescribedbythelegislature.Evenin

legislative function, are notice and hearing the absence of an express requirement as to
required? reasonableness, this standard may be implied. A
ratefixingorder,temporaryorprovisionalthough
A: Where the rules and/or rates laid down are it may be, is not exempt from the procedural
meant to apply to all enterprises of a given kind requirements of notice and hearing when
throughout the country, they may partake of a prescribedbystatute,aswellastherequirement
legislative character. If the fixing of rates were a of reasonableness. (De Leon, Administrative Law
legislativefunction,thegivingofpriornoticeand 2010,pp.164165)
hearing to the affected parties is not a
requirement of due process, except where the Q: May the delegated power to fix rates be re
legislature itself requires it. (De Leon, delegated?
A: The power delegated to an administrative
Q: What if it is exercised as a quasijudicial agencytofixratescannot,intheabsenceofalaw
function? authorizing it, be delegated to another. This is
experessed in the maxim, potestas delagata non
A: Where the rules and the rate imposed apply delegari protest. (Kilusang Mayo Uno Labor
exclusively to a particular party, based upon a Centerv.Garcia,Jr.,39SCRA386,1994)
findingoffact,thenitsfunctionisquasijudicialin
character. Q: May congress delegate to an administrative
agency the power to ascertain facts as basis to
As regards rates prescribed by an administrative determine when a law may take into effect or
agency in the exercise of its quasijudicial whetheralawmaybesuspendedorcometoan
function,priornoticeandhearingareessentialto end,inaccordancewiththepurposeorpolicyof
the validity of such rates. But an administrative thelawandthestandardfortheexerciseofthe
agency may be empowered by law to approve powerdelegated?
provisionally, when demanded by urgent public
need, rates of public utilities without a hearing. A:Yes.Thisisnotdelegationofwhatthelawshall
(DeLeon,AdministrativeLaw,2010) be, but how the law will be enforced, which is
permissible. Hence the legislature may delegate
Note: As a general rule, notice and hearing are not to an administrative agency the power to
essential to the validity of an administrative action determine some fact or state of things upon
wheretheadministrativebodyactsintheexerciseof whichthelawmakes,orintendstomake,itsown
executive, administrative, or legislative functions; action depend, or the law may provide that it
but where a public administrative body acts in a shall become operative only upon the
judicial or quasijudicial matter, and its acts are contingency or some certain fact or event, the
particular and immediate rather than general and ascertainment of which is left to an
prospective, the person whose rights or property
administrativeagency.(1Am.Jur.2d930931)
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,
Q:Whataretherequirementsforthedelegation
1987) ofthepowertoascertainfactstobevalid?

Q: In case of a delegation of ratefixing power, A: The law delegating the power to determine
whatistheonlystandardwhichthelegislatureis somefactsorstateofthingsuponwhichthelaw
required to prescribe for the guidance of maytakeeffector itsoperationsuspendedmust
administrativeauthority? provide the standard, fix the limits within which
the discretion may be exercised, and define the
A: That the rate be reasonable and just. conditions therefor. Absent these requirements,
(American Tobacco Co. v Director of Patents, 67 thelawandtherulesissuedthereunderarevoid,
SCRA287,1975) the former being an undue delegation of
legislativepowerandthelatterbeingtheexercise
Q: In the absence of an express requirement as if rulemaking without legal basis. (U.S. v. Ang
to reasonableness, may the standard be TangHo,43Phil.1,1992)
implied?
Q: In connection with the evidence presented
A: Yes. In any case, the rates must both be non before a factfinding quasi judicial body, do the
confiscatory and must have been established in latter have a power to take into consideration
151

the result of its own observation and d.JUDICIALRECOURSEANDREVIEW
investigation of the matter submitted to it for
decision? 1.DoctrineofPrimaryAdministrative
Jurisdiction
A: A factfinding quasijudicial body (e.g., Land

TransportationFranchisingandRegulatoryBoard)
Q:Whatisthedoctrineofprimaryjurisdictionor
whose decisions (on questions regarding
doctrineofpriorresort?
certificatedofpublicconvenience)areinfluenced

notonlybythefactsasdisclosedbytheevidence
A: Under the principle of primary jurisdiction,
inthecasebeforeitbutalsobythereportsofits
courtscannotorwillnotdetermineacontroversy
field agents and inspectors that are periodically
involving question within the jurisdiction of an
submitted to it, has the power to take into
administrative body prior to the decision of that
consideration the result of its own observation
questionbytheadministrativetribunalwhere:
andinvestigationofthemattersubmittedtoitfor

decision, in connection with other evidence
1. The question demands administrative
presented at the hearing of the case (Pantranco
determination requiring special
SouthExpress,Inc.vBoardofTransportaion,191
knowledge, experience and services of
SCRA581,1991)
theadministrativetribunal;

2. Thequestionrequiresdeterminationof
4.DeterminativePowers
technicalandintricateissuesofafact;

Q:Definedeterminativepowers.
3. The uniformity of ruling is essential to

complywithpurposesoftheregulatory
A: It is the power of administrative agencies to
statuteadministered
betterenablethemtoexercisetheirquasijudicial

authority. Note:Insuchinstances,reliefmustfirstbeobtained
inadministrativeproceedingbeforearemedywillbe
Q:Whatconsisteddeterminativepowers? supplied by the courts even though the matter is
withintheproperjurisdictionofacourt.Thejudicial
A:DEDE_S processisaccordinglysuspendedpendingreferralof
1. Enabling Permits the doing of an act theclaimtotheadministrativeagencyforitsview.
which the law undertakes to regulate
and which would be unlawful without Q:Whatarethereasonsforthisdoctrine?
governmentapproval.
2. Directing Orders the doing or A:
performance of particular acts to 1. Totakefulladvantageofadministrative
ensurethecompliancewiththelawand expertness;and
are often exercised for corrective
purposes. 2. To attain uniformity of application of
3. Dispensing To relax the general regulatory laws which can be secured
operation of a law or to exempt from onlyifdeterminationoftheissueisleft
general prohibition, or to relieve an totheadministrativebody
individual or a corporation from an
affirmativeduty. Q:Whenisthedoctrineinapplicable?
4. Examining This is also called
investigatory power. It requires A:
production of books, papers, etc., the 1. When,bythecourt'sdetermination,the
attendanceofwitnessesandcompelling legislaturedidnotintendthattheissues
theirtestimony. be left solely to the initial
5. Summary Power to apply compulsion determination of the administrative
or force against persons or property to body.
effectuate a legal purpose without
judicial warrants to authorize such 2. When the issues involve purely
actions. questionsoflaw.

3. When courts and administrative bodies
haveconcurrentjurisdiction.
152
POLITICALLAWTEAM:
VILLAMOR.
ADMINISTRATIVE LAW
Q:Canthecourtmotuproprioraisetheissueof 5. To avail of administrative remedy

primaryjurisdiction? entailslesserexpensesandprovidesfor
aspeedierdispositionofcontroversies.
A:Thecourtmaymotuproprioraisetheissueof
primary jurisdiction and its invocation cannot be Q:Whataretheexceptionstotheapplicationof
waivedbythefailureofthepartiestoargueit,as thedoctrine?
the doctrine exists for the proper distribution of
power between judicial and administrative A:DELILAPULPMUNQ
bodiesandnotfortheconvenienceoftheparties.
Insuchcasethecourtmay: 1. ViolationofDueprocess
1. Suspend the judicial process pending 2. When there is Estoppel on the part of
referral of such issues to the theadministrativeagencyconcerned
administrativebodyforitsreview,or 3. When the issue involved is a purely
2. If the parties would not be unfairly Legalquestion
disadvantaged,dismissthecasewithout 4. WhenthereisIrreparableinjury
prejudiced.(EuroMedlaboratoriesPhil. 5. When the administrative action is
vs. Province of Batangas, G.R No. patently illegal amounting to Lack or
148706,July17,2006) excessofjurisdiction
6. When the respondent is a Department
SecretarywhoseactsasanAlteregoof
2.DoctrineofExhaustionofAdministrative the President bears the implied and
Remedies assumedapprovalofthelatter
7. When the subject matter is a Private
Q: What is the doctrine of exhaustion of landcaseproceedings
administrativeremedies? 8. WhenitwouldbeUnreasonable
9. When no administrative review is
A: This doctrine calls for resort first to the providedbyLaw
appropriate administrative authorities in the 10. WhentheruledoesnotprovideaPlain,
resolution of a controversy falling under their speedy,andadequateremedy
jurisdiction and must first be appealed to the 11. When the issue of nonexhaustion of
administrative superiors up to the highest level administrative remedies has been
beforethesamemaybeelevatedtothecourtsof renderedMoot
justiceforreview. 12. When there are circumstances
indicating the Urgency of judicial
Note: The premature invocation of the courts intervention
intervention is fatal to ones cause of action. 13. WhenitwouldamounttoaNullification
Exhaustion of administrative remedies is a ofaclaim;and
prerequisite for judicial review; it is a condition 14. Where the rule of Qualified political
precedentwhichmustbecompliedwith. agency applies. (Laguna CATV Network
v. Maraan, G.R. No. 139492, Nov. 19,
Q: What are the reasons for exhausting 2002)
administrativeremedies?
Q: What is the effect of nonexhaustion of
A: administrativeremedies?
1. To enable the administrative superiors
tocorrecttheerrorscommittedbytheir A: It will deprive the complainant of a cause of
subordinates. action,whichisagroundforamotionofdismiss.
2. Courts should refrain from disturbing
the findings of administrative bodies in Q: Is noncompliance with the doctrines of
deferencetothedoctrineofseparation primary jurisdiction or exhaustion of
ofpowers. administrativeremediesajurisdictionaldefect?
3. Courts should not be saddled with the
reviewofadministrativecases. A: No. Noncompliance with the doctrine of
4. Judicialreviewofadministrativecasesis primary jurisdiction or doctrine of exhaustion of
usually effected through special civil administrative remedies is not jurisdictional for
actionswhichareavailableonlyifthere the defect may be waived by a failure to assert
isnootherplain,speedy,andadequate thesameattheearliestopportunetime.
remedy.
153

Q: Distinguish the doctrine of primary
jurisdiction from the doctrine of exhaustion of GR: Courts will not disturb the findings
administrativeremedies. ofadministrativeagenciesactingwithin
the parameters of their own
A: competence, special knowledge,
DOCTRINEOF expertise, and experience. The courts
DOCTRINEOF
EXHAUSTIONOF ordinarily accord respect if not finality
PRIMARY
ADMINISTRATIVE to factual findings of administrative
JURISDICTION
REMEDIES tribunals.
Bothdealwiththeproperrelationshipsbetweenthe
courtsandadministrativeagencies. XPN: If findings are not supported by
Applieswhereacaseis substantialevidence.
within the concurrent
jurisdictionofthecourt 2. Questions of Law administrative
Applies where a claim is decisionsmaybeappealedtothecourts
and an administrative
cognizable in the first independentlyoflegislativepermission.
agency but the
instance by an It may be appealed even against
determination of the
administrative agency
case requires the legislative prohibition because the
alone
technical expertise of judiciary cannot be deprived of its
the administrative inherent power to review all decisions
agency onquestionsoflaw.
Although the matter is
within the jurisdiction Judicial interference is 3. Mixed(lawandfact)whenthereisa
of the court, it must withheld until the mixedquestionoflawandfactandthe
yield to the jurisdiction administrative process court cannot separate the elements to
of the administrative hasbeencompleted seeclearlywhatandwherethemistake
case of law is, such question is treated as
question of fact for purposes of review
3.DoctrineofRipenessforReview andthecourtswillnotordinarilyreview
the decision of the administrative
Q:WhatistheDoctrineofRipenessforReview? tribunal.

A: This doctrine is the similar to that of 4.DoctrineofFinalityofAdministrativeAction
exhaustion of administrative remedies except
that it applies to the rule making and to Q: What is the doctrine of finality of
administrative action which is embodied neither administrativeaction?
in rules and regulations nor in adjudication or
finalorder. A:Thisdoctrineprovidesthatnoresorttocourts
will be allowed unless administrative action has
Q:Whendoesthedoctrineapply? been completed and there is nothing left to be
doneintheadministrativestructure.
A:VICS
1. When the Interest of the plaintiff is Q: What are the instances where the doctrine
subjected to or imminently threatened findsnoapplication?
withsubstantialinjury.
2. IfthestatuteisSelfexecuting. A:DEARPIA
3. When a party is immediately
confronted with the problem of 1. To grant relief to Preserve the status
complying or violating a statute and quo pending further action by the
thereisariskofCriminalpenalties. administrativeagency
4. When plaintiff is harmed by the 2. WhenitisEssentialtotheprotectionof
Vaguenessofthestatute. the rights asserted from the injuries
threatened
Q: What are the questions reviewable by the 3. Where an administrative officer
courts? Assumes to act in violation of the
Constitutionandotherlaws
A: 4. Where such order is not Reviewable in
1. Questionsoffact anyotherwayandthecomplainantwill
154
POLITICALLAWTEAM:
VILLAMOR.
ADMINISTRATIVE LAW
suffer great and obvious damage if the A: Judicial review is the reexamination or
orderiscarriedout determination by the courts in the exercise of
5. To an Interlocutory order affecting the their judicial power in an appropriate case
meritsofacontroversy instituted by a party aggrieved thereby as to
6. To an order made in excess of power, whetherthequestionedact,rule,ordecisionhas
contrary to specific prohibition in the been validly or invalidly issued or whether the
statute governing the agency and thus sameshouldbenullified,affirmedormodified.
operating as a Deprivation of a right
assuredbythestatute Note: The mere silence of the law does not
7. When review is Allowed by statutory necessarilyimplythatjudicialreviewisunavailable.
provisions.
Q: What are the requisites of judicial review of
Q: What are the grounds for reversal of administrativeaction?
administrativefindings?
A:
A: 1. Administrative action must have been
1. Finding is grounded on speculations or completed (the principle of finality of
conjectures administrativeaction;)and
2. Inferences made are manifestly 2. Administrative remedies must have
mistakenorimpossible been exhausted known as (the
3. Graveabuseofdiscretion principleofexhaustionofadministrative
4. Misapprehensionoffacts,ortheagency remedies.)
overlookedcertainfactsofsubstanceor
value which if considered would affect Q:Whatarethelimitationsonjudicialreview?
theresultofthecase. A:
5. Agency went beyond the issues of the 1. Finalandexecutorydecisionscannotbe
case and the same are contrary to the madethesubjectofjudicialreview.
admissions of the parties or the 2. Administrative acts involving a political
presented question are beyond judicial review,
6. Irregular procedures or the violation of except when there is an allegation that
thedueprocess there has been grave abuse of
7. Rights of a party were prejudiced discretion.
because the findings were in violation 3. Courts are generally bound by the
of the constitution, or in excess of findings of fact of an administrative
statutory authority, vitiated by fraud, agency.
mistake
8. Findings not supported by substantial Q: Is the rule that findings of facts by
evidence administrative agencies are binding on the
courtssubjecttoanyexceptions?

5.JudicialRelieffromThreatenedAdministrative A:
Action GR:Yes.

XPN:FIPEGES
Q: Can courts render a a decree in advance of

administrativeaction?
1. Findings are vitiated by Fraud,
A: Courts will not render a decree in advance of imposition,orcollusion

administrative action. Such action would be 2. Procedure which led to factual findings
renderednugatory. isIrregular
3. Palpableerrorsarecommitted
4. Factual findings not supported by

It is not for the court to stop an administrative
Evidence
officerfromperforminghisstatutorydutyforfear
5. Graveabuseofdiscretion,arbitrariness,
thathewillperformitwrongly.
orcapriciousnessismanifest
6. WhenexpresslyallowedbyStatute;and
7. Error in appreciation of the pleadings

6.JudicialReviewofAdministrativeAction
and in the interpretation of the
documentary evidence presented by

Q:Whatistheconceptofjudicialreview?
theparties
155

Q: What are the grounds which would warrant
thereversalofadministrativefinding?

A:MIGSVIBE
1. Misapprehensionoffacts,ortheagency
overlookedcertainfactsofsubstanceor
value which if considered would affect
theresultofthecase

2. Interferences made are manifestly
mistaken,absurd,orimpossible

3. Graveabuseofdiscretion

4. Finding is grounded on Speculations,
surmises,orconjectures

5. Rights of the parties were prejudiced
because the findings were in Violation
of the constitution, or in excess of
statutoryauthority,vitiatedbyfraud,or
mistake

6. Irregular procedures or violations of
dueprocess

7. Agency went Beyond the issues of the
case and the same are contrary to the
admissions of the parties or the
evidencepresented

8. Findings not supported by substantial
Evidence.

156
POLITICALLAWTEAM:
VILLAMOR.

UST Golden Notes - Administrative Law

Загружено:

Сведения о документе

Исходное описание:

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

UST Golden Notes - Administrative Law

Загружено:

Авторское право:

Доступные форматы

UST GOLDEN NOTES 2011

2. Quasijudicialoradjudicatorypower enforce or suspend the operation of a

Q: How is the jurisdiction of a quasijudicial 8. Officer or tribunal must be vested with

counsel, as recognized by the Constitution, is a

Q: If the power to fix rates is exercised as a themannerprescribedbythelegislature.Evenin

Q:Canthecourtmotuproprioraisetheissueof 5. To avail of administrative remedy

A: Courts will not render a decree in advance of imposition,orcollusion

4. Factual findings not supported by

7. Error in appreciation of the pleadings

documentary evidence presented by

Вам также может понравиться