true
The desire for more effective and flexible preventive remedies has
been a factor in the creation of many administrative agencies which
represent a provocative fusion of different powers of gov’t.
Under existing jurisprudence, the right to appeal from adverse
decisions of the Omb carried with it the stay of the decisions pending
appeal.
It is not undue delegation of power to give the President the power
to suspend the operation of a statute upon the happening of a
contingency the existence of which is left to her ascertainment.
The RTC not the SEC has the original and exclusive juris to hear and
decide an intra-corporate controversy between the homeowners and
the homeowners’ association.
The COA and the CB have concurrent juris to examine and audit of
government banks but the COA audit prevails over the CB.
Admin agencies may enforce subpoenas issued in the course of
investigations, whether or not adjudication or fact finding is involved
and whether or not probable cause is shown and even before the
issuance of a complaint.
While hearings may be held as a GR, a hearing is not a necessary part
of an investigation by an admin agency or official. Hence, a
requirement that there be an investigation carries with it no
command that a quais-judicial hearing be conducted.
Penalties such as fines, surcharges, seizures and sale or destruction of
property are regarded as civil and remedial, rather than punitive in
nature and may therefore be imposed by administrative agencies.
The admin agency has the power of inquisition which is not
dependent upon a case or controversy in order to get evidence, but
can investigate merely on suspicion that the law is being violated or
even just because it wants assurance that it is not.
The exclusive juris of seizure and forfeiture cases involving imported
goods vested in the Collector of Customs precludes a rtc from
assuming cognizance over such matter.
Even where under the RoP of an admin agency, the aggrieved party is
allowed to file a MFR of any order, resolution or decision thereof
such motion is need not be filed first before a special civil action for
certiorari may be availed of.
The question of a person’s Fil citizenship is and should be addressed
in the first instance to the Commissioner of Immi and his authority to
hear the evidence and pass upon said question to enable him to
decide whether or not such person is pre-empted by the courts in a
suit for prohibition.
Filing a complaint in court without waiting for the decision of the
COA from which if adverse or not satisfied therewith, the petitioner
could have appealed to the SC, does not exhaust admin remedies.
Love your neighbour as yourself
false
The power to investigate anomalies include the power to take testimony or
evidence of witnesses whose appearance maybe required by the process of
subpoena.
Agency of the gov’t under 1987 Admin Code refers to any of the various units
of the Government, including a department, bureau, office, or
instrumentality but excluding GOCCs.
The Sec. of the Interior and Local Gov’t has the authority to pass upon the
validity of the election of the Katipunan ng mga Barangay (composed of
popularly elected punong barangays as prescribed by law whose officers are
voted upon by their respective members).
It is a settled principle of administrative law that in determining whether a
board has a quais-judicial power, the authority given should be strictly
construed in order to avoid abuses by the board and consistent with the rule
against unwarranted delegation of legislative power.
The decision of the adjudicator on land violation and preliminary
determination and payment of just compensation shall be appealable to the
DARAB within 15 days from receipt of notice.
The issuance by the PCGG of the writ of sequestration is upon the authority
of at least one Commissioner “when the Comm has reasonable grounds to
believe that issuance thereof is warranted.
The decision of the OMB dismissing the graft case against a respondent
public official operate as a res judicata in the administratvive case against
him before the PCGG for unexplained wealth.
The death of the PO precludes a finding of administrative liability inasmuch
as he could not anymore exercise his right to confront his accuser which is
essential in admin proceedings.
The NPC has appellate jurisdiction over decisions rendered by the NAB and
the RAB.
The Revised Admin Code of 1987 does not contemplate a review of
adjudications exonerating PO and ees from admin charges.
Tenancy relations is extinguished by the expiration of the period in a
leasehold contract or by the sale of the landholding.
The approval and/or clearance by the COA of a gov’t agency’s expenditures is
a finding of its irregularity and reasonableness and thus precludes the Omb
from making a determination of the commission of a crime arising from the
same facts which were the subject of audit exam by the COA.
The issue of a right of way or easement over the private property, as a
necessary incident of the case of tenancy relations, is exclusively within the
jurisdiction
Decisions of the Omb in admin cases may be appealed to the SC by way of
petition for review on certiorari under Rule 45 conformable with Sec. 27 of
RA 6770.
The service of a copy of the decision on the deputized special counsel, acting
as representative of the SG is the proper basis for computing the
reglementary period to file an appeal.
Even if no personal or property rights are involved but only a “privilege”,
notice o hearing is still essential to due process though the power exercised
is recognized as quais-judicial or adjudicatory.
The ordinary requirements of procedural due process cannot be made
subordinate to the necessities of protecting public interest through the
exercise of police power.
The issue of the tiller’s right to retain or remove a home lot cannot be
classified as an agrarian dispute where the home lot is constructed not on
the farm that he is tilling but on the residential lot of the owner.
If a person’s application for a permit to build a house is denied, the proper
remedy for him is to go to court on mandamus.
Like the review of admin decisions by superior admin authority, judicial
review of admin decisions is not a trial de novo because the reviewing
tribunal merely determines that the findings are not in violation of the
Consti or the laws.
The rule applicable to PAGCOR is that to enable it to accomplish its
mandated task to regulate all forms of gambling, a law granting the right to

The trial court need not dismiss but instead take cognizance of and
hear a case which is properly within the authority of an admin
tribunal should the doctrine of EAR be not timely invoked.
A review by the court of an admin finding is limited to the evidence
already presented and excludes the presentation of evidence
aliunde, despite the claim by the petitioner for a reinvestigation of
the grantee’s financial capability and track record is essential yo the
proper determination of the case.
The Regional State Prosecutor exercises admin supervision over city
and provincial prosecutions and thus may not take over the prelim
investigation of a criminal case pending before the latter.
The filing of a MFR, even if not statutorily granted, is an
indispensable requirement to the filing of a special civil action for
certiorari.
The doctrine of res judicata does not apply to the exercise of
administrative powers but only to judicial and quasi-judicial
proceedings.
The remedy of an interest Expressway user who assails the
provisional toll rates as exorbitant, oppressive and onerous is to file a
petition fro review of the adjusted toll rates not with court but with
the DOTC.
The DILG Sec. and not the NPC has the appellate juris over decisions
rendered by RAB and NAB.
Sans an express conferment in the law itself creating the admin
officer, civil immunity from suit cannot be granted by the admin
office.
The decision of the Director of the Land Mgt. Bureau when approved
by the DENR Sec. as to issues of fact is generally conclusive and
cannot be subject o f review by the court.
Even decisions of admin bodies which are declared “final” by law are
not exempt from the judicial review when so warranted.
The provision of law granting authority to the Sec, “ to suspend the
effectivity of any ordinance if in his opinion, the tax therein levied is
unjust or excessive” will not preclude an aggrieved taxpayer from the
filing an action to obtain declaratory judgment on the legality of such
ordinance.
An individual aggrieved by the decision of an auditor of any
government agency in the settlement of a transaction has a period of
6 months from receipt of the decision to appeal to the COA.
An admin officer authorized to take testimony for evidence is
deemed authorized to administer oath, summon witnesses, and
require production of documents.
There is nothing in the law creating the BOI providing that its
decisions may be reviewed only by the CA.
In the exercise by the PCGG of quasi-judicial power, it is a co-equal
body of the trial court.
The BOI has the exclusive authority and jurisdiction to try and hear
cases against an alleged overstaying alien and in the process,
determine also their citizenship.
Maintenance fees to be collected from motorist using the express
way does not require public hearing before the TRB under PD 1112.
There is no denial of procedural due process where the NTC issued an
order granting the motion of BAYANTEL for the revival of its archived
application and the oppositor extelcom was not given the
opportunity to question said motion for revival.
Even though there are infirmities at the mediation and fact-finding
Love your neighbour as yourself
exercise a part of the police power of the state is to be liberally construed
and any doubt must be resolved in favour of the grant to PAGCOR.
GR decisions of the CSC under the CS law and the Sanggunians under the LGC
are final and executory pending appeal.
Being an instrumentality of the government does not exempt PAGCOR from
local taxes in view of the constitutional grant of fiscal autonomy to local
governments vesting them the power to create their own sources of
revenues, taxes, and other charges.
It is only after judicial review is no longer premature that a court may
ascertain un proper cases whether admin action or findings are not in
violation of law or are free from imposition or fraud.
The presidential power of control over departments o fthe executive branch
as local governments includes not only the authority to ensure that rules are
followed, but to lay down such rules and modify or replace them.
Local chief executives exercise operational and admin supervision and
control over PNP units, includingbthe power to direct and oversee police
units except 10 days immediately preceding and following an election.
The power of judicial review authorizes SC to weigh the conflicting evidence
and substitute its conclusion for that id the admin body.
The death of the PO precludes a finding of admin liability as the tribunal can
no longer enforce the imposition of a sanction against him.
A decision renedered by the Provincial Agrarian Reform Officer and
confirmed by the DAR Sec. upon the factual issue of tenancy is conclusive
and not subject to review by the courts consistent with the primary
competence if admin bodies.
A conclusion drawn from facts as a factual matter which the courts may not
review.
Courts have no underlying power to scrutinize the acts of administrative
bodies on questions of law and jurisdiction unless the right of review is given
by statute.
The authority of the Dir. of Patents to administer the registration of
trademarks, involves factual matters which may not be passed upon the
court.
RTC has the juris to issue an injunction to enjoin the execution of a decision
of the NLRC.
The remedy of an aggrieved PO who is reassigned by his superior, Reg
Director, to a station different from that specied in his appointment is an
action for Prohi and Injunc in court.
Just like in custodial investigation, the right to counsel is mandatory in admin
proceedings and the admin body is duty-bound to provide the respondent
with counsel.
The law precludes the Off of the Pres from consucting additional hearings on
appeal as its function is limited to determining whether there is evidence in
the administrative records substantial enough to support the subordinate
officer’s findings therein.
Jurisdiction acquired at the time of the filing of the admin case is lost if the
respondent PO dies in office during the pendency of the case.
Notice is required in the preparation of substantive rules where the class to
be affected is large and the questions to be resolved involve the use of
discretion by the rule-making body.
Courts have no underlying power to scrutinize the acts of administrative
bodies on questions of law and jurisdiction unless the right of review is given
by statute.
The NPC has appellate jurisdiction over decisions rendered by the National
Appellate Board and the Regional Appellate Board.
The prohibition against forum-shopping applies to a tribunal which does not
exercise judicial and quasi-judicial power.
The power to punish contempt is exercised as a safeguard for quasi-judicial
officers as persons and not for the functions they exercise.
Jurisdiction acquired at the time of filing of the administrative case is lost if
the respondent public official ceases to be in office during the pendency of
his case.
The CS law does not contemplate a review of decisions exonerating public
stage, the requirement of DP is still satisfied when the affected party
is heard even if only by way of a MFR.
Where the GOCC is represented by the trial court by the Office of the
GOCC in collaboration with its in house LSD the service of a copy of
the decision on the LSD is notice to the GOCC and such notice starts
the period for appeal although GOCC has not received a copy of the
decision.
Even decisions of admin bodies which are declared “final” by law are
not exempt from judicial review when so warranted.
The death of the puboff does not preclude a finding of admin liability
and thus the tribunal can still pronounce him either innocent or
guilty.
GOCCs with original charter are within the scope and meaning of the
term “GRP” if they are performing gov’t or political functions.
The doctrine of PJ applies where a claim is originally cognizable in
courts, but the judicial process has to be suspended pending referral
of issues to the admin agency under a regulatory scheme.
The adjudicative power of the admin tribunal should only be
incidental to its task of executing the law in the specific field of its
expertise.
The filing of a MFR is an indispensable requirement to the filing of a
special civil action or certiorari.
The trial court need not dismissed but instead take cognizance of and
try a case which is properly within the competence of an admin body
should the doctrine of exhaustion of admin remedies be not timely
invoked.
The COA and the CB have concurrent jurisdiction to examine and
audit of gov’t banks, but the COA audit prevails over that of the CB.
The final determination by the sec of finance, upon recommendation
of the BIR of the entitlement of the informer’s reward under the
NIRC, although conclusive pursuant to the gov’t auditing code (PD
1445), may be disallowed in audit by COA.
The unverified complaint filed against the pub officer before the
disciplining authority is not the charge contemplated in the CS Law
and does not commence the admin proceedings but merely a fact-
finding investigation.
From the decision of the Sec. of NR in cases involving conflicting
mining claims, an appeal may be taken to the president whose
decision shall be final and executory.
A conclusion drawn from facts is a conclusion of law which the courts
may review.
In admin proceedings, the right to counsel is not mandatory and the
admin body is not duty-bound to provide the respondent with
counsel.
Where the GOCC is represented in the final court by the Office of the
Government Corporate Counsel (OGCC) in collaboration with its in-
house Legal Service Division (LSD), the service of a copy of the
decision on the LSD is notice to the OGCC and such notice starts the
period for appeal although the OGCC has not received a copy of the
decision.
Where an administrative body is conferred quasi-judicial functions,
all issues relating to the subject matter pertaining to its specialization
are deemed included within its jurisdiction. While hearings may held
as a general rule, a hearing is not necessary part of an investigation
by an administrative agency or official. Hence, a requirement that
there be an investigation carries with it no command that a quasi-
judicial hearing be concluded.
Penalties such as fines, surcharges, seizures and sale or destruction of
property are regarded as civil and remedial, rather than punitive in
nature and may therefore be imposed by administrative agencies.
The un verified complaint filed against the public officer before the
disciplining authority is not the charge contemplated in the Civil
Service Law and does not commence the administrative proceedings
but merely a fact-finding investigation.
Love your neighbour as yourself
officres and employees from administrative charges.
The SEC and not the RTC has original and exclusive jurisdiction to hear and
decide an intra-corporate controversy between the homeowners and
homeowners association.
It is invalid delegation of power to give the President the power to suspend
the operation of law upon a happening of a contingency the existence of
which is left to her determination.
The constitutional grant of fiscal autonomy to a constitutional office vests it
with full flexibility to formulate and administer its compensation system and
organizational structure.
The decision of the Ombudsman dismissing the graft case against a
respondent public official operate as a res judicata in the administratvive
case against him before the PAGC for unexplained wealth.
The filing of the IR promulgated by the administrative agency with the UP
Law Center is the operative act that gives the rules force and effect............
The service of a copy of the description on the deputized special counsel
acting as representative of the SG, is the proper basis for computing the
reglementary period to file an appeal.
The presidential power of supervision over local governments include not
only the authority to ensure the rules are followed, but to lay down such
rules and modify or replace them.
A new legislative act is necessary, upon the expiration of the statutory term
of a non-incorporated agency for the Republic of the Philippines to reassume
the powers and duties as well as the assets and liabilities of the agency.
the remedy of an interested expressway user who complains that the
provisional toll rates are exorbitant, oppressive and onerous is to file a
petition for review of the adjusted toll rates with the court.
the order of the DECS to phase out Spanish as a subject required for
graduation is violative of the right of Spanish professors to due process as
there were no prior notice and hearing conducted.
The RTC has jurisdiction to issue an injunction to enjoin the execution of the
NLRC decision.
The right to appeal from adverse decisions of the Ombudsman carry with it
the stay of these decisions pending appeal.
The issuance by the PCGG of the writ sequestration is upon the authority of
at least one commissioner “when the Comm has reasonable grounds to
believe that the issuance thereof is warranted”.
Tenancy relation is extinguished by the expiration of the period in a
leasehold contract or by the sale of the landholding.
The decision of the adjudicator on land valuation and preliminary
determination and payment of just compensation shall be appealable to the
DARAB within 15 days from receipt of the notice.
Decisions of the OO in admin cases may be appealed to the SC by way of
petition for review on certiorari under Rule 45 conformable with Sec. 27 of
RA 6770.
The regional state prosecutor exercises supervision over city and provincial
prosecutors and thus he may take over the prelim investigation of a criminal
case pending before the latter.
Publication in the OG is a condition precedent before all admin rules and
regulations can take effect.
From the decision of the Secretary of Natural Resources in cases
involving conflicting mining claims, an appeal may be taken to the
President whose decision shall be final and executory.
There is no denial of procedural due process where the National
Telecommunications Commission (NTC) issued an order granting the
motion of Bayantel for the revival of its archived application and the
oppositor Extelcom was not given the opportunity to question said
motion for revival.
A decision rendered by the Provincial Agrarian Reform Officer and
confirmed by the DAR Secretary upon the factual issue of tenancy is
not conclusive and subject to review by the courts.
In the absence of a legal provision requiring administrative step, the
party aggrieved may go to court for relief without resorting to the
principle of exhaustion of administrative remedies.
The only situation that a relaxation of the mandate for automatic
release of funds may be allowed is where total revenue collections
are insufficient to cover the total appropriations for all entities
vested with fiscal autonomy.
A conclusion drawn from facts is a conclusion of law which the courts
may review.
Where the GOCC is represented in the final court by the Office of the
Government Corporate Counsel (OGCC) in collaboration with its in-
house Legal Service Division (LSD), the service of a copy of the
decision on the LSD is notice to the OGCC and such notice starts the
period for appeal although the OGCC has not received a copy of the
decision.
Where an administrative body is conferred quasi-judicial functions,
all issues relating to the subject matter pertaining to its specialization
are deemed included within its jurisdiction. While hearings may held
as a general rule, a hearing is not necessary part of an investigation
by an administrative agency or official. Hence, a requirement that
there be an investigation carries with it no command that a quasi-
judicial hearing be concluded.
Penalties such as fines, surcharges, seizures and sale or destruction of
property are regarded as civil and remedial, rather than punitive in
nature and may therefore be imposed by administrative agencies.
The un verified complaint filed against the public officer before the
disciplining authority is not the charge contemplated in the Civil
Service Law and does not commence the administrative proceedings
but merely a fact-finding investigation.
From the decision of the Secretary of Natural Resources in cases
involving conflicting mining claims, an appeal may be taken to the
President whose decision shall be final and executory.
There is no denial of procedural due process where the National
Telecommunications Commission (NTC) issued an order granting the
motion of Bayantel for the revival of its archived application and the
oppositor Extelcom was not given the opportunity to question said
motion for revival.
Love your neighbour as yourself
The remedy of an aggrieved party from resolutions of the Ombudsman
finding pc in criminal cases, when tainted with grave abuse of discretion, is
to file an original action for certiorari under Rule 65 with the CA.
A respondent puboff in an admin case cannot be convicted of the lesser
offense of neglect of duty on the original charge of grave misconduct.
The remedy of an aggrieved puboff who is reassigned by his superior, a
regional director, to a station different from that specified in his
appointment___ is an action fro prohibition and injunction in court.
Publication in the Official Gazette or in a newspaper of general circulation is
a condition precedent before all administrative rules and regulations can
take effect.
In the absence of a formal complaint, the POEA cannot on its own initiative
conduct the necessary proceeding for the cancellation or suspension of the
license of any private placement agency on any of the grounds mentioned
therein.
Even where under the rules of procedure of an administrative agency, the
aggrieved party is allowed to file a motion for reconsideration of any order,
resolution or decision thereof, such motion need not be filed first before the
special civil action for certiorari may be availed of.
The approval and/or clearance by the COA of a government agency’s
expenditure is a finding of its regularity and reasonableness and thus
precludes the Ombudsman from making a determination of the commission
of a crime arising from the same facts which are the subject of audit
examination by the COA.
A review of an administrative finding by the court cannot be limited to the
evidence already presented and includes the presentation of evidence
aliunde, especially when the purpose thereof is essential to the proper
determination of the case.
The issue of the tiller’s right to retain or remove a home lot cannot be
classified as an agrarian dispute where the home lot is constructed not on
the farm that he is tilling but on the residential lot of the owner.
The term agency of the government under the 1987 Administrative Code
refers to any various units of the Government, including a department,
bureau, office or instrumentality, but excluding government owned and
controlled corporations.
The Regional State Prosecutor exercises supervision over city and provincial
prosecutors and thus he may take over the preliminary investigation of
criminal case pending before the latter.
The remedy of an interested Expressway user who complains that the
provisional toll rates are exorbitant, oppressive or onerous is to file a
petition for review of adjusted toll rates with the courts.
The authority of the Director of Patents to administer the registration of
trademarks, including his determination on the matter of similarity and
dissimilarity of tradenames, involves factual matters which may not be
passed upon by the court.
The death of the public officer precludes the finding of administrative
liability inasmuch as he could not anymore exercise his right to confront his
accuser which is essential in administrative proceedings.
It is a settled principle of administrative law that in determining whether a
board has a quasi-judicial power, the authority given should be strictly
construed in order to avoid abuses by the board and consistent with the rule
against unwarranted delegation of legislative power.
 The general rule is that the decisions of the Civil Service Commission (CSC)
under the Civil Service Law and the Sanggunians under the Local
Government Code are not yet final and executory pending appeal. GR
decisions of the CSC under the CS law and the Sanggunians under the LGC
are final and executory pending appeal. (di ako sure nito-inconsistent)

The Securities and Exchange Commission (SEC) – and not the Regional Trial
Court (RTC) has the original and exclusive jurisdiction to hear and decide an
intra-corporate controversy between the homeowners and the
homeowner’s association. HLURB

Dp- due process

PJ primary jurisdiction...

Love your neighbour as yourself