GARBO

Admin: De Leon

CHAPTER VI
JUDICIAL REVIEW OF, RELIEF AGAINST, ADMINISTRATIVE ACTIONS

Concept of Judicial Review determine what the

judicial review judicial scrutiny of matter law means
which arises when such action is brought
into question before a court
agency action includes the whole or part
of every agency rule, license, sanctions,
relief or its equivalent, or denial thereof
(Book VII, Chap. 1, Sec. 2(5))

(1) Collaboration of courts and administrative

agencies.
problem of judicial review of the
action of an administrative agency
necessarily brings the judicial
process into conflict with the
administrative process
both are instruments for realizing
public purposes
(2) Accommodation of administrative process
to the judicial system.
administrative agencies have their
source in necessity, to perform
functions which are beyond the
capacity of the courts, and the role
of the courts in regard to
administrative action is the
accommodation of the
administrative process to the
traditional judicial system and to
reconcile democratic safeguards
and standards of fair play with the
effective conduct of government
one basic approach of judicial
review
o questions of law or validity
are for the court
o questions of fact, policy or
discretion are determinable
by the administrative
agency
when an
administrative
agency renders an
opinion or issues a
statement of policy,
it merely interprets
a pre-existing law
and the
administrative
interpretation is at
best advisory; it is
the courts that

1
GARBO
Admin: De Leon

(3) Policy of the courts. o where legislation provides

not to interfere with the actions of
the government agencies entrusted
with the regulation of activities
coming under their special
knowledge and training or specific
field of expertise
o exception: there is a clear
showing of capricious and
whimisical exercise
judgment or grave abuse of
discretion amounting to
lack or excess
jurisdiction
rationale:
administrative
officials are
presumed to have
familiarized
themselves with all
the considerations
pertinent to the
meaning and
purpose of the law,
and to have formed
an independent,
conscientious and
competent expert
opinion thereon
o ex. grant of licenses,
permits and leases or the
approval, rejection
revocation of applications
therefor
o exceptions
certiorari,
prohibition, and
mandamus
Right to Judicial Review
pertaining to (1) the power and right of the
court to grant the review sought and (2) the
right in the person who invokes the power of
the court
(1) Where right granted by statute.
legislative practice: judicial review
for administrative adjudications
whether required by the
Constitution or not
(a) as provided in the statute
o where right of appeal to the
courts is based and through
proven administrative
practice
(b) as a rule
for an appeal from
decisions of cerain
administrative bodies to the
CA = such bodies co-equal
with the RTC in terms of
role and stature and
logically beyond the control
of the latter
of o the RTC are devoid of any
competence to pass upon
the validity or regularity of
of the seizure and forfeiture
proceedings conducted by
the BOC as it is provided
for in the Tariff and
Customs Code and R.A.
No. 1125, as amended
o actions of the Collector of
Customs are appealable to
the Commissioner of
Customs -> exclusive
jurisdicitno of the Court of
Tax Appeals (CTA) -> CA ->
SC
(2) Where review not provided by statute.
no inherent tight to judicial review of
the action of an administrative
agency
or (a) appeal as a statutory origin
o not a requirement of due
process
o does not mean that there is
no power or right of relief or
review in a proper case
under the general powers
and jurisdication of the
courts
(b) in many situations
o Constitution is held to
require judicial review even
though a statute does not
and even though the
statute attempts to preclude
judicial review
o The courts need no special
provision of law necessary
to confer upon the courts,
authority already
possessed by them under
the Constitution

2
GARBO
Admin: De Leon

(3) Where review precluded or restricted by (4) Where review a matter of constitutional
statute. necessity.
rarely that statutes withhold judicial a court will provide for a relief or
review review though no statute
(a) GR (it appears): determination of a specifically provides therefor and
tribunal in a full hearing may be even though a statute attempts to
made final or if an appeal is preclude review
allowed, the matters to be inquired
into an appeal may, in the discretion (a) fundamental concept of the
of the legislature, be limited. supremacy of the law and the
(b) Congress can make an principle of separation of powers
administrative determination final o lodges in the courts
and immune from judicial review inherent authority to
where it gives the aggrieved party a determine the
right to elect in the first place constitutionality of statutes
between administrative or judicial and, therefore that of the
relief. exercise of legislative
(c) administrative determinations on power delegated by
political questions need not be Congress to administrative
submitted to a court for review and agencies
do not fall within the scope of the (b) under the Constitution
judicial power. o judicial power includes the
(d) government is not bound to provide duty of courts to settle
a remedy in the courts. actual controversies and
(e) Congress may restrict review to a the duty to determine
single court in an appeal and it whether or not there has
need not provide for appeal to the been a grave abuse of
SC. discretion amounting to
(f) Congress may place procedural lack or excess of
conditions and restrictions upon the jurisdiction on the parts of
right to judicial review. any branch or
(g) An administrative decision or instrumentality of the
actions shall be subject only to Government
administrative review or shall be
final or conclusive can preclude (5) Where administrative decision has become
judicial review where not final and executory.
constitutional right was involved res judicata is applicable to the
and it involves a decision in the judicial and quasi-judicial acts of
exercise of purely administrative or administrative officers and boards
legislative powers, where the statue acting within their jurisdiction as to
provides exclusive jurisdiction in the the courts having general judicial
agency. powers
(h) There can be no constitutional o forbidding the opening of a
objection to making findings of fact matter once judicially
conclusive if supported by evidence determined by competent
or to a provision that rules, authority
regulations or orders shall not be requisites of res judicata
set aside unless it appears that the 1. final judgment or order;
findings were against the weight of 2. jurisdiction of the court (or
evidence. agency) over the subject
matter and the parties; and
3. identity of parties, identity
of subject matter and
identity of cause of action

3
GARBO
Admin: De Leon

(6) Where administrative decisions declared compelling reasons and in no case

final and unappealable by statute. to exceed another period of 15 days
still subject to judicial review if they
fail the test of arbitrariness, when
so warranted as where want of
jurisdiction, want of substantial
basis (in fact or in law), grave
abuse of discretion, violation of due
process, denial of substantial
justice, fraud or erroneous
interpretation of the law
factual findings of administrative
agencies will be set aside when
they fail the test of arbitrariness or
upon proof of gross abuse of
discretion, fraud or error of law

(7) Where question or issue raised for the first

time on appeal.
GR: no question will be entertained
on appeal unless it has been raised
in the proceeding below
rationale: fairness and due process
basis: estoppel

Rules governing appeals from judgments of

quasi-judicial agenices
quasi-judicial agency or body an organ of
government other than a court and other
than a legislature, which affects the rights of
private parties throught either adjudication
or rule-making
(1) Where to appeal.
CTA within the period and in the
manner provided, whether involving
questions of fact, of law or mixed
R.A. No. 9282 elevated the CTA to
the level of the CA
(2) Period of appeal.
within 15 days from notice of the
award, judgment, final order or
resolution or from the date of its last
publication, if publication is required
by law for its effectivity, or of the
denial of petitioners motion for
reconsideration duly filed in
accordance with the governing law
of the cour or agency a quo
only 1 motion for reconsideration is
allowed
the CA may grant an additional 15
days only within which to file the
petition for review
no further extension shall be
granted except for the most

4
GARBO
Admin: De Leon
(3) How to appeal taken.
by filing a verified petition for review
in 7 legible copies with the CA with
proof of service of a copy thereof on
the adverse party and on the court
or agency a quo
original copy for the CA shall be
indicated as such by the petitioner
petitioner shall pay the docketing
and other lawful fees and deposit
the sum of Php 500 for costs to the
Clerk of Court of the CA
o exemption may be granted
by the CA upon a verified
motion setting forth valid
grounds therefor
o if denied, the petitioner
shall pay within 15 days
from the denial by the CA
(4) Contents of petition.
(a) full name of the parties without
impleading the court or agencies
either as petitioners or respondents;
(b) concise statement of facts and
issues and the grounds;
(c) clearly legible duplicate original or
certified true copy of the award,
judgment, final order or resolution
appealed from, with certified true
copies of such material portions of
the record as are referred to therein
and other supporting papers;
(d) state all the specific material dates
showing that it was filed within the
reglementary period provided
therein; and
(e) sworn certification against forum
shopping as required by Revised
Circular No. 28-91.
(5) Effect of failure to comply with requirement.
sufficient ground for the dismissal of
the petition
(6) Action on the petition.
CA may require the respondent to
file a comment on the petition, not a
motion to dismiss, within 10 days
from notice
Court may dismiss such if it finds it
without merit, prosecuted manifestly
for delay or that the question raised
are to unsubstantial to require
condsideration
(7) Contents of comment.
filed within 10 days from notice in 7
legible copies and accompanied by
clearly legible certified true copies
of such material portions of the
record referred to therein together
with other supporting papers
point out insufficiencies or
inaccuracies in petitioners
statement of facts and issues, and
state the reasons why the petition
should be denied or dismissed
copy shall be served on the
petitioner, and proof of service shall
be filed with the CA
(8) Due course.
filing of the comment or other
pleadings or documents or upon the
expiration of the period for filing ->
prima facie evidence from the
record that the court or agency
concerned has committed error of
fact or law that would warrant a
reversal or modification of the
award, judgment, final order or
resolution sought to be reviewed
otherwise, dismiss the same
binding with the CA if the findings of
fact of the court or agency is
supported by substantial evidence
(9) Transmittal of record.
within 15 days from notice that the
petition has been given due course
CA may require the court or agency
to transmit the original or a legible
certified true copy of the entire
record of the proceedings under
review
the record may be abridged by
agreement of all parties to the
proceeding
CA may require or permit
subsequent correction of or addition
to the record
(10)Effect of appeal.
shall stay the award, judgment, final
order or resolution sought to be
reviewed
o exception: the CA shall
direct otherwise upon such
terms as it may deem just
5
GARBO
Admin: De Leon
(11)Submission for decision.
CA may set the case for oral
argument or require the parties to
submit memoranda
o memoranda within a period
of 15 days from notice
deemed submitted for decision
upon the filing of the last pleading
or memorandum required by the
rules or by the CA
Note: does not apply to judgments
and final orders or resolutions
issued under the Labor Code (LC)
The appellate court may only pass
upon errors assigned, as well as its
exceptions.
It is the discretion of the CA to have
the original records of the
proceedings under review to be
transmitted to it in appeals form
quasi-judicial bodies.
An appeal taken to the SC or to the
CA by a wrong or inappropriate
mode warrants a dismissal. (SC
Circular No. 2-90)
Administrative findings and constructions
generally conclusive.
(1) Factual basis and sufficiency of evidence.
reviewing court cannot re-examine
or weigh once more the factual
basis and sufficiency of the
evidence submitted before the
administrative body and substitute
its own judgment or to receive
additional evidence that was not
submitted to the agency
substantial evidence such
relevant evidence as a reasonable
mind might accept as adequate to
support a conclusion (Ang Tibay v.
Court of Industrial Relations)
factual findings of the NLRC are
accorded respect and even finality,
particularly when they coincide with
those of the Labor Arbiter
(a) GR: The courts will not disturb on
appeal the factual findings of
administrative agencies acting
within the parameters of their own
competence so long as such
findings are supported by
substantial evidence.
o particularly when passed
upon and upheld by the CA
which is normally the final
arbiter of questions of fact
(b) courts accord great weight and
respect, even finality, to factual
findings of administrative tribunals
because it is within their special
competence (because of clogged
court dockets also)
veracity of falsehood of
alleged facts
HOWEVER courts may not
follow this for compelling
reasons:
1. where such findings are
not supported by
substantial evidence or
are vitiated by fraud,
mistake, illegality,
imposition or collusion;
2. where the procedure
which led to the factual
findings is irregular; or
where palpable errors
are committed;
3. where grave abuse of
discretion, arbitrariness
or capriciousness is
manifest;
4. where a gross
misappreciation of
evidence can be shown
5. conflict in the factual
findings as to compel a
contrary conclusion.
SC can review matters,
even if they are not
assigned as errors in the
appeal
o if it finds that their
consideration is
necessary to arrive
at a just decision of
the case
(2) Administrative construcitons.
same weight and respect is given
by administrative agency
not binding upon the courts
can only be set aside on proof of
lack of jurisdiction, gross abuse of
discretion, fraud, or error of law
(3) Conflicting versions of factual matter.
their discretion to determine which
party deserves credence on the
basis of evidence received
6
GARBO
Admin: De Leon

not supported by substantial Finality of administrative action for purposes of

evidence, not binding on the courts
review.
(1) Policy of courts
courts are reluctant to interfere with
action of an administrative agency
prior to its completion or finality
o reason: power has not
been fully and finally
exercised, and usually no
irreparable harm

(2) Order or decision.

judicial review of orders, any order,
final orders, final agency action or
final decisions

(a) review may be denied as to mere

pronouncement or recommendation
not acted upon
(b) mere informality of a decision does
not prevent its review if it is
otherwise final
o ex. letter may constitute an
appealable order or
determination

(3) Threatened (anticipated) or pending action.

Grounds in denying relief or
review
(4)
(5)