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ADMINISTRATIVE LAW | Atty.

Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

PART I – INTRODUCTORY CONCEPTS airport manager can lease government property to a third person. But it was said
DEFINITION OF ADMINISTRATIVE LAW that it was only the President, in the exercise of its administrative powers.

ADMINISTRATIVE LAW However, there were actually three sources of the Administrative Code for the
The branch of public law that fixes the organization of the government power or authority to lease:
and determines competence of authorities who execute the law and 1. The President
2. Officer authorized by
indicates to individual remedies for the violations of his rights. 3. Those granted by law.
Administrative law embraces all the law that controls, or is intended to
control, the administrative operations of the government. In this case, the airport manager belongs to the third category because there is
a specific law that grants him the authority. Remember leasing of government
SOURCES OF ADMINISTRATIVE LAW property is administrative as opposed to selling that it is strict act or omission.
This case explains why the Administrative Code is not the only source of the
SOURCES OF ADMINISTRATIVE LAW Administrative law.
1. Constitution
2. Statutes DOCTRINE OF SEPARATION OF POWERS
3. Revised Administrative Code of 1917 (old law)
4. Administrative Code of 1987 (new law) Purpose: To prevent concentration of executive, legislative, and judicial
5. Jurisprudence powers to a single branch of government
6. Rules and regulations by administrative agencies
Atty Guji: The Executive branch is perceived to be the most powerful because
that is the one that is proactive. As opposed to the judiciary which is passive,
Q. Is the Revised Administrative Code of 1917 still alive considering that
except the Ombudsman, it is not passive.
there is already the Administrative Code of 1987?
Yes, as was ruled in Mercado v. COA.
How is it attained?
By allocating their exercise to the three branches of government
The Revised Administrative Code of 1917 remains a source of
administrative law. Atty Guji: The characteristics of separation of powers: Co-equal, independent,
Mecano v. COA coordinate. There is such a thing as lending of powers.
Facts: An employee claimed reimbursement for medical expenses but
this was denied because the provision he invoked in the Revised But is it absolute?
Administrative Code of 1917 was omitted in the Administrative Code of No. Sharing and mixing of powers between and among the three
1987. branches is allowed:
1. President - shares legislation through veto
Held: In the absence of express repeal, the omission does not 2. Courts - shares legislation through its power of review that
necessarily mean it is repealed. In the absence of inconsistency between interprets or invalidates laws
the two laws and intent to cover the whole subject matter of the old 3. Congress - shares exercise of executive power through confirmation
law, it was neither impliedly repealed. Thus, the Revised Administrative of appointments and assent to treaties. It also shares judicial power
Code of 1917 remains a source of administrative law. through its power to create inferior courts and regulate number and
pay of judges
Atty Guji: There’s a particular provision explaining how to go about
reimbursement if you incur or you suffer injury in the line of duty. He invoked an THE PRINCIPLE OF CHECKS AND BALANCES
old law, which is the Administrative Code of 1917. COA said it cannot be invoked
because specific provision invoked was not carried over to the Administrative Code Thus, the principle of separation of powers:
of 1987. It was already amended by omission according to COA. (a) allows blending of some of the executive, legislative or judicial
powers in one body
In the absence of express repeal, the provision did not necessarily mean it is
repealed. And in the absence of inconsistency between the two laws and the intent
(b) does not prevent one branch from inquiring into the affairs of other
to cover the whole subject matter of the old law, it was clearly impliedly repealed. branches to maintain the balance of power
Remember StatCon? Implied repeal is frowned upon. In which case, there was no (c) but ensures that it does not encroach on the matters with the
express repeal. So, we go to implied repeal. exclusive jurisdiction of the other branches
An implied repeal only works if there is:
1. Irreconcilable inconsistency, and The principal power of Congress to legislate includes the
2. If the subsequent law was intended to cover the entire prior law. auxiliary power to ensure that the laws it enacts are faithfully
executed
And because the Administrative Code did not specifically repeal the old law, the
Administrative Code of 1917 remains a source of Administrative law. It is still alive. Power of oversight
 Intrinsic in the grant of legislative power
Administrative law may be sourced from statutes other than  Integral to the checks and balances inherent in a democratic system
the Administrative Code. of government
Leveriza v. IAC  It embraces all activities undertaken by Congress to enhances its
Facts: The government leased a parcel of land but it was cancelled by and understanding of and influence implementation of its enactment
the airport manager. It was argued the airport manager has no authority
Atty Guji: Once Congress passes a law, it can still monitor the implantation of the
to cancel; that it is only the department secretary acting for the law. You cannot say that it should be the executive as they are the ones who
president or the airport director by delegated authority who could validly execute the law. It’s not absolute because Congress can still supervise.
cancel the contract.
It concerns post-enactment measures undertaken by Congress to:
Held: Under the Revised Administrative Code, the authority to lease (a) monitor bureaucratic compliance with program objectives
belongs to the President, officer authorized by him or by law. The (b) determine whether agencies are properly administered
authority of the airport manager falls under the third category as it is (c) eliminate executive waste and dishonesty
expressly granted by RA 776. Thus, administrative law may be sourced (d) prevent executive usurpation of legislative authority
from statutes other than the Administrative Code. (e) assess executive conformity with the congressional perception of
public interest
Atty Guji: Administrative Code is not the only sole source of Administrative Law.
There are other statutes. In this case, there was a question of whether or not the
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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

Atty Guji: In other words, they are going to assess whether or not the law is Arnault vs Nazareno
properly imposed, and whether or not enforcement is effective. The rights of persons appearing in and affected by such inquiry
shall be respected.
Categories of Congressional Oversight Function:
1. Scrutiny Facts: During Congressional investigation, the witness refused to answer
2. Investigation questions he claimed to be self-incriminating. The Senate cited him in
3. Supervision contempt and committed him to the custody of the Senate Sergeant-at-
Arms for imprisonment until he answers the questions. The contention
LEGISLATIVE SCRUTINY of the witness is that the Senate has no power to cite him in contempt,
information sought to be obtained is immaterial and does not serve any
Purpose: To determine economy and efficiency in the operation of any intended for legislation. The answer required incriminates him.
government activities
Basis: Power of appropriation which includes the power to specify the Held: The power of inquiry includes the power to enforce it.
project and activity to be funded, exercised through the power of the
purse or power of appropriation. Atty Guji: Because if you invite somebody, and out of courtesy, you just allow
him to refuse to answer, then there is no compulsive factor in legislative
Power of Appropriation or Power of the purse investigation to obtain what is needed. Then there must be this power of
Budget hearing, people from the government, from the executive contumacy to cite them in contempt in case they disrespect to the proceedings.
department appear before the Senate or Congress. Administrative
officials defend their budget proposals. It is the means to review policy SENATE LEGISLATION
in order to use previous appropriation to a certain revenue disbursed. It
is the opportunity for Congress to express confidence or disgust in the Arnault vs Nazareno
performance of a public officer. The power of inquiry includes the power to enforce it. Legislation
presupposes information. Mere request for information is often
Atty Guji: Remember Miriam Defensor-Santiago. What happened was, her son unavailing thus some means of compulsion is essential to obtain what is
was from UP Law, and one thing led to another, his son took his own life because needed. Once an inquiry is admitted or established to be within the
he was so embarrassed by the panel of interviewers from UP Law. The line of jurisdiction of a legislative body to make, the investigating committee
questioning delved not on the credentials of the student but on the mental stability has the power to require a witness to answer any question pertinent to
of the mother. So because, he was bombarded with those questions, he was so that inquiry, subject of course to his constitutional right against self-
embarrassed. Miriam blamed UP for that. A year later, UP went to the Senate
asking for budget. Miriam was there, she tried to ask everyone from UP, and said,
incrimination.
“Ang kapal ng mukha niyong humingi ng pondo sa Senado, sabihin niyo muna
anong ginawa niyo sa anak ko.” The inquiry, must be material or necessary to the exercise of the power.
Hence, the witness cannot be coerced to answer a question that has
But legislative scrutiny does not end in budget hearings. As such, obviously no relation to the subject of the inquiry.
Congress can ask department heads to appear before and be heard on
any matter pertaining to their departments. The witness admitted that the transaction was legal and that he gave
the P440,000 to a representative of Burt in compliance with the latter’s
Atty Guji: Take note, they can only invite but they don’t have compulsive power verbal instruction. Then he refused to reveal the name of the
to make them attend. representative on the ground that it incriminates him. It is not enough
for the witness to say that the answer will incriminate him as he is not
Section 22, Article VI of the 1987 the sole judge of his liability. The danger of self-incrimination must
Department Heads, may upon their own initiative, with the consent of appear reasonable and real to the court.
the President, or upon the request of either House, appear before and
be heard by such House on any matter pertaining to their departments. The fact that the testimony of a witness may tend to show that he has
violated the law is not sufficient to entitle him to the protection. It cannot
Atty Guji: Remember, PGMA, when her administration is about to fall, and a lot be invoked by reason of fanciful excuse, for protection against an
of accusations where thrown against her. There was a time when Congress wants imaginary danger, or to secure immunity to a third person.
to summon her department heads to appear and she denied them access, “they
cannot go there without my consent.” And that is her executive prerogative.
Grounds for contumacy:
POWER OF CONFIRMATION a) Refuses without legal excuse to obey summons;
Who exercises: The Commission is composed of the Senate President, b) Refuses to be sworn or placed under affirmation;
the ex officio Chairman, twelve Senators and twelve members of the c) Refuses to answer any relevant inquiry;
House of Representatives. d) Refuses to produce any books, papers, documents or records that
are relevant to the inquiry and are in the possession of the
Who are subject to confirmation? concerned person;
(a) Nominees of the President e) Acts in a disrespectful manner towards any Member of the
(b) Heads of Executive Departments committee or any misbehavior in the presence of the committee;
(c) Ambassadors, other Public Ministers and Consuls f) Unduly interferes in the conduct of proceedings during meetings.
(d) Officers of the Armed Forces from the rank of Colonel or Naval
Atty Guji: The right against self-incrimination is given primordial consideration
Captain over the right to inquiry. But sometimes, what you can see there is a useless
(e) Other officers whose appointments are vested by the President undertaking. Because if it’s in aid of legislation and you cannot get anything from
under the Constitution the witness, what for?

CONGRESSIONAL INVESTIGATION LEGISLATIVE SUPERVISION


Who exercises: Senate or the House of Representatives or any of its It allows Congress to scrutinize the exercise of delegated law making
committees. authority and permits Congress to retain part of that delegated
authority.
Limitation of congressional investigation
It must be in aid of legislation in accordance with its duly published rules How exercised
and regulations. Though the veto powers when granting the President or an executive
agency the power to promulgate regulations with the force of law.
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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

Atty Guji: Congress creates a law then delegates the administrative body to Atty Guji: Control means you can replace judgement. Higher authority controls
prepare implementing rules and regulations (IRR). But before it will be enforced, the lower authority, whatever the lower authority decides, the higher authority can
it has to be submitted for review. And if we don’t like it, we are going to veto it. replace or nullify it. Supervision is limited to ensuring whether or not the operations
The veto power is not after all exclusive to the President. are in place. Let’s talk about attachment.

These provisions require the President or an agency to present the Beja v. CA


proposed regulations to Congress, which retains a “right” to approve or Facts: An employee of an agency was charged administratively before
disapprove any regulation before it takes effect. It allows Congress to the department it is attached.
participate prospectively in the approval or disapproval of "subordinate
law" or those enacted by the executive branch pursuant to a delegation Held: The department is without jurisdiction over personnel action
of authority by Congress. involving employees of an agency attached to it. Attachment is a mere
lateral relationship between the department and the agency attached to
Atty Guji: Are you familiar with subordinate legislation? Congress makes a law. it for program and policy coordination. As such, the attached agency
It is the law making body. But, that law is without specifics. And you need an retains independence insofar as personnel action and management are
administrative body to provide specifics to fill in the gap. And when the concerned.
administrative body does that that is the power of subordinate legislation. It
actually legislates but subordinate to the power of Congress because Congress can
strike it down with the veto power.
Attachment is only for policy and program coordination
How accomplished?
Example:
1. Representation of the department in the governing board of the
Sec 17.1 of Rep 9189 provides:
attached agency either as chairman or member, with or without
Sec. 17.1. For the May, 2004 elections, the Commission shall
voting rights, if permitted by the charter.
authorize voting by mail in not more than three (3) countries,
2. Periodic reporting by attached agency to the department about the
SUBJECT TO THE APPROVAL OF THE CONGRESSIONAL
progress of programs and projects.
OVERSIGHT COMMITTEE. Voting by mail may be allowed in
3. Providing by the department general policies to serve as framework
countries that satisfy the following conditions:
for the internal policies of the attached agency (Section 38(3),
(a) Where the mailing system is fairly well-developed and secure
Chapter 7, Book IV, Administrative Code of 1987)
to prevent the occasion of fraud;
(b) Where there exists a technically established identification Atty Guji: In attachment, you actually retain your identity. The agency to which
system that would preclude multiple or proxy voting; and, you are attached does not absorb you. You retain your independence. Example,
(c) Where the system of reception and custody of mailed ballots NLRC is attached to DOLE. They are independent from each other. Insofar as
in the embassies, consulates and other Foreign Service personal action is concerned, the agency to which it is attached has no jurisdiction.
establishments concerned are adequate and well-secured. Attachment is only for policy and program coordination.

Thereafter, voting by mail in any country shall be ALLOWED Eugenio v. CSC


ONLY upon review and approval of the Joint Congressional Illustration of the above numbers 1 and 3.
Oversight Committee. Representation of the department in the governing board of the
attached agency
It is clear that Congress has already set the necessary standards to guide The Career Executive Service (CES) Board is attached to the Civil Service
the Comelec in identifying the countries where voting by mail can be Commission composed of the CSC Chair as Presiding Officer.
allowed. Since the standards have been defined, all that is left is
enforcement. Providing by the department general policies to serve as
framework for the general policies of the attached agency
Atty Guji: Remember, they set the conditions by which we can allow voting by
mail. But yet, Congress says, you now have the conditions, try to do that, then tell
The functions of the board (CES Board) include promulgation of rules,
us because we are going to review that. Since the standards are clear, Congress standards and procedures on the selection, classification, compensation
says, after the enforcement, we are going to review, subject to our power. and career development of CES members

Macalintal v. Comelec ADMINISTRATIVE AGENCIES


The Constitution has given the Comelec power to enforce and administer REASONS FOR ADMINISTRATIVE AGENCIES
all laws and regulations relative to the conduct of an election. The power
is exclusive. As such, it cannot be subject to review and revision of veto Atty Guji: What if there is no administrative agency? Example HLURB. If there is
by Congress in the exercise of its oversight power. no HLURB, chances are the cases supposedly governed by HLURB will now be
pertained to the regular courts. The regular courts already have lots of cases. And
that is a specialized case, dispute of homeowners. So the regular courts might not
The legislative veto power or congressional oversight power over the be able to handle everything. That’s why we need administrative agencies.
authority of the Comelec and its rules and regulations in order to enforce
election law is unconstitutional. Congress legislates. Can congress enforce that law? No, enforcement pertains to
the executive. But can the President enforce that law by himself? No. He needs
The power of the COMELEC to promulgate implementing rules and administrative agencies.
regulations can only be struck down if it is illegal or constitutes grave
To help unclog court dockets.
abuse of discretion. And the power to strike it down pertains to the
judiciary and not to Congress. Abejo v. De la Cruz
They have special knowledge, experience and capability to hear and
Atty Guji: That is why voting by mail was struck down as unconstitutional. Not determine promptly disputes on technical matters or essentially factual
because voting by mail may not be allowed, it might be in the future, but primarily matters are essential.
because of the participation of the Joint Oversight Committee over the
implementation of the election. It now encroaches on the power of the Comelec Atty Guji: There are cases before the courts that need Commissioners. When you
with regard to election laws. say the court needs commissioners, the court is admitting to its incompetence to
determine the issues to be resolved. Aside from Commissioners, we also have
ADMINISTRATIVE RELATIONSHIPS AMONG AGENCIES administrative bodies.
1. Supervision
2. Control
3. Attachment

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

To cope with the growing complexities of modern society. By authority of law


Solid Homes, Inc. v Payawal Example: The creation of the LTFRB-CAR falls under the third category
They can deal with problems in their particular fields with more expertise which may be decreed through Executive Order issued by the President
and dispatch than the legislature or courts of justice. or by an administrative agency like the Civil Service Commission

NATURE AND MANNER OF CREATION AND ABOLITION By law


Examples:
An attached agency conceived to be autonomous does not lose 1. Presidential Decrees expressly grant the President continuing
its independent character by mere attachment. authority to reorganize the national government. It includes the
power to group, consolidate bureaus and agencies to abolish
Eugenio v. CSC offices, create, transfer, and classify functions.
Facts: The Career Executive Service Board is attached to the Civil Service
Commission which later absorbed it through reorganization. 2. Section 62 of the General Appropriations Act authorizes the
President and Congress to reorganize the department of agency,
Held: An attached agency conceived to be autonomous does not lose its including the power to create an office.
independent character by mere attachment. The CESB is not one of the
offices listed under the Civil Service Commission. As such, the CSC Atty Guji: Why are we saying now that the President has the authority to
cannot absorb it because its authority to reorganize is limited to the create an office? Before, we said, in Biraogo vs. Philippine Truth Commission,
offices under its control as enumerated. that the President is without authority to create an office, but that is in so
far as, the Office of the President is concerned. Here we are talking about
the national government. But this case would tell us that it was error for the
Atty Guji: So the CSC has no jurisdiction. It cannot absorb the identity and absorb
Supreme Court to strike it down as unconstitutional. Pwede actually. It’s just
that particular body.
an adhoc body. If you read the dissenting, you will realize that the Supreme
Court was just afraid of its impact.
Reasons for delegation of legislative power.
Pantranco v. PSC 3. Section 20, Book III of the Administrative Code grants the
Facts: The Public Service Commission approved application of a President residual powers to reorganize the national government.
transportation company to operate additional trucks but subject to
conditions that it is valid for 25 years only and may be acquired by the Larin v. Executive Secretary
government which were argued as total abdication of legislative Facts: The President streamlined the Bureau of Internal Revenue and
functions. The controversy here is that Congress seemed to have abolished the Excise tax Service resulting in the termination of the Asst.
washed its hands and passed the buck to the administrative agency. Commissioner. It was argued that there is no law authorizing the
President to reorganize executive agencies particularly the Bureau of
Held: This is valid subordinate legislation warranted by complexities of Internal Revenue.
modern governments. This multiplication of subjects of government
regulation, and the increased difficulty in administering the laws, there Held: Sec. 48 of RA 7645 directs department heads to identify activities
is a growing tendency to delegate legislative power. no longer essential in the delivery of public services which may be the
basis of the president to scale down, phase out or abolish. This appears
Atty Guji: The Public Service Commission issued a franchise or license to operate to not include the power to create.
but aside from issuing the license, it added that it will be valid only for 25 years.
If you set conditions, you are legislating already. There is total abdication. The SC
acknowledged that the commission is creating laws, but, that is proper and valid Sec. 62. Unauthorized Organizational Chargers – Unless otherwise
because of the doctrine of legislative subordination. Congress is incompetent to created by law or directed by the President of the Philippines, no
anticipate each and every situation that may arise during the implementation of organizational unit or changes in key positions in any department or
the law. If Congress is incompetent, it is the administrative body that has the agency shall be authorized in their respective organization structures
competence. and be funded from appropriations by this Act.

Solid Homes v. Payawal It now grants power to create aside from the residual powers. Likewise,
Facts: A buyer of subdivision lot sued the real estate developer before presidential decrees expressly grant the president continuing authority
the trial court after it failed to deliver certificate of title despite full to reorganize the national government
payment.
Atty Guji: Presidential decrees date back as far as the time of Marcos. They are
Held: It is the National Housing Authority, and not the trial court, that still alive. Even if the President issues an executive order, it is still allowed. That is
has jurisdiction over unsound real estate business practices. As an the rule-making power of the President pursuant to the Ordinance Power of the
administrative body specialized in the particular field assigned to it, it President.
can deal with problems with more expertise and dispatch than Congress
or the courts. Thus, the increasing vesture of quasi-judicial and quasi- Effect of expiration of administrative agency.
legislative powers on administrative bodies. Atty Guji: Expiration of the administrative agency… effect of, What if the
administrative agency died it’s no longer there, what about the effect of its
A public office may be created by the Constitution, by law or by actions… will it survive?
authority of law.
Cebu United Enterprises v Gallofin
Secretary of DOTC v. Mabalot Facts: The Import Control Commission issued import licenses subject to
Facts: By authority of the President, the DOTC Secretary transferred the conditions. But later its term of existence expired.
functions of the DOTC-CAR to the LTFRB-CAR. It was argued it is a
purely legislative act hence not even the president much less the Atty Guji: So nawala ang import commission but nakaissue na siya ug licenses,
secretary can do so. so the question is, what happens to those licenses? Mamatay ba sad sila because
the authority from which it is derived is no longer there.
Held: A public office may be created by the Constitution, by law or by
authority of law. Held: The conditions set forth in the import licenses remain in force and
effect even if the administrative agency that issued it has expired. The
valid acts of an administrative agency survive its own death.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

Atty Guji: That’s the bottomline, so probably the question is ‘kinsa naman mag The difference is that “as it may deem fit” is more encompassing. There is no limit.
enforce karun sir wala naman ang administrative agency?’ Chances are there is It is not a sufficient standard. Whereas, in the standard “as it may deem
another agency that took on the project to continue the commission. necessary", the need should be established to justify it.

Even if the agency has expired, its orders are still valid for as long as they were AGAIN: Source law, congress legislates. It cannot specify that much that is why it
made pursuant, or in conformity of the law. gives a sufficient standard so that it can delegate the power to specify the law to
administrative agencies.
Q. Who enforces the orders which survived after the expiration of the
administrative agency which issued such order? Naa tay mga examples of sufficient standard by which the administrative body
If the agency was merely reorganized or replaced with a new one, the naghimu ug mga regulations and for as long as they are germae to the purpose
of the law they allow.
replacement may be the one to carry out the order. But if it was
abolished, it may be some other agencies which will assume the
responsibility of ensuring compliance of the order. Examples of Sufficient Standards:
1. To maintain monetary stability in the Philippines.
Conversion is not equal to abolition. 2. To promote a rising level of production and real income in the
Philippines. (RA 265)
Crisostomo v. CA 3. Promotion of public safety (Edu v. Ericta)
Facts: The President of the Philippine College of Commerce was 4. Public interest (People v Rosenthal, Pantranco v PSC)
suspended. But later he was ordered reinstated but the PCC was already Atty Guji: It might appear to be broad right? Pero whatever you decide or
converted into the Polytechnic University of the Philippines by the whatever you regulate for as long as it will realize or enforce public interest
President of the Republic. pwede na

Atty Guji: So giconvert. That is an activist university before I don’t know now. 5. Justice and equity (Antamok Gold v. CIR)
Probably more activist than UP. Nagtapuk ang mga linkuranan sa gawas because 6. Simplicity, economy and efficiency (Cervantes v Auditor General)
of the protest of the students, it happened before in San Carlos. 7. Sense and experience of men (Mutual Firm Corp. v Industrial
Commission)
Held: Conversion is not equal to abolition. It merely changed the 8. National security (Hirabayashi v. US)
academic status of the educational institution and not its corporate life. 9. Fair and equitable employment practices (Eastern v POEA)
10. Along the guidelines (De la Llana v. Alba)
Atty Guji: So pwede siya mabalik but the question there is, ‘somebody was
already there… so what happened?’ Atty Guji: So these are guidelines, whatever you do dapat in line with this or
consistent with this.
Take note of the highlighted portion. Conversion is not equal to abolition. It merely
changes the academic status. Example of Insufficient Standard:
To create such other positions as it may deem necessary is a Viola v. Alunan
sufficient standard. Facts; The seized property shall be distributed to charitable institutions
and other institutions as the Chair of the National Meat Inspection
Viola v. Alunan Commission may see fit, in the case of carabaos.
Facts: The Liga ng mga Barangay elected its first, second, third vice-
presidents and auditors for all chapters. It was challenged as Held: The phrase “may see fit” is a generous and dangerous condition.
unconstitutional for being an undue delegation of legislative power. It is laden with perilous opportunities for partiality and abuse, and even
corruption. There is no standard, guidelines or limitations on how to
Atty Guji: You might wonder kadaghan ba ninyu ug officials? Ang nagbuhat distribute, the options are boundless
gyud ana nila is kana ilang staff. So they said na you created lots of offices so
there is undue delegation.
Atty Guji: So now, the Supreme Court is saying that cannot be allowed because
it’s too broad. Kay ngano man? Kay murag the sole discretion belongs to you. Wala
Held: There is no undue delegation of legislative power as no less than kay lain nga standard, kundi imu rang panan-aw. Kabaw ray gilalisan diri ha.
the Local Government Code authorizes the liga board “to create such
other positions as it may deem necessary for the management of the Ang iya ra pangutana kay as you may see fit the question is…
chapter” which is deemed a sufficient standard.
Who are the beneficiaries? What is the criteria by which they are
Atty Guji: So we’re going to talk about sufficient standard, meaning duna kay chosen?
guide. Now what can you do or what you cannot do is guided by that particular
sufficient standard. Here, the Supreme Court said: when it says as ‘it may deem Nganu sila man, nganu di man sila? So very broad diba? So the
necessary’ pwede. In consonance with the sufficient standard. Now you cannot
question the wisdom anymore kay naa may sufficient standard. As it may deem
discretion is so spitting.
necessary man bisan pag magbutang mu ug muse, prince charming… pwede.
Only the officers can answer and they have the sole direction. This is a
First premise is, there is a law. And in delegation, the rule-making power of the roving commission, a wide and sweeping authority which is not
administrative agency. But prior to delegation, there must be that sufficient canalized within the banks that keep it from overflowing. It is an invalid
standard which can be made as a basis by that government agency or delegation of legislative powers
administrative agency to make rules and regulations.
But compare this with “create such other positions as it may deem
Here, when you say ‘to create such other positions as it may deem necessary for
the management of the chapter,’ it validates the action of the Liga ng mga
necessary for the management of its affairs” which was considered
Barangay to include a first, second, vice presidents and auditors from all chapters. sufficient standard.
They added positions that were not necessarily specifically enumerated under the
mother law or source law. But here’s a catch all phrase which says that “for as Atty Guji: What could be the difference? As you may deem fit, as you may deem
long as you deem it necessary, you can create that position.” So, that is a sufficient necessary. What could be the difference?
standard.
When you say: as you deem fit. Murag bahala ka kinsa imu tagaan, pila, gamay
But there is another case which says that when the sufficient standard says “as it ra ba iyaha dako ba iyaha. Karne atu gihisgutan.
may deem fit”, SC said that it is not sufficient standard. In this case, the standard
used is “as it may deem necessary”, SC ruled that it is a sufficient standard. As may deem necessary at least nay standard diba? When you say necessary, it is
quantifiable as opposed to may deem fit na murag ikaw ray nakasabut unsay fit.

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As it may deem necessary – you need to justify. As it may deem fit - it’s Abolition of administrative agency by the President, basis of.
overflowing. The discretion is unlimited.
National Tobacco Adminstration case
Abolition of administrative agency, when valid. Facts: An executive order streamlined (simplified) the National Tobacco
Administration that substantially reduced its personnel. The affected
1. It is carried out by a legitimate body rank and file employees argue an executive order cannot reorganize an
Who or what is that legitimate body? office, bureau or agency attached to a department, it being a legislative
Congress by legislation act.
President by decree
Atty Guji: Because essentially diba? The power to create an office epertains to
Congress. And if you have the power to create you have the power to destroy. So
2. It is done in good faith. now they are asking nganung ang President naman gahimu nawala nata.
When is it done in good faith?
Abolition pursuant to reorganization is in bad faith if any of the Held: The legislative power to abolish does not extend to a bureau,
following is present: office or agency in the executive department which the President may
reorganize pursuant to the power of control.
a. Significant increase in the number of positions (Take note of
the word “significant”) Abolition of administrative agency, effect on security of tenure.
b. An office is abolished but another one created performing Bagaoisan v. NTC
substantially the same functions Termination arising out of valid abolition does not offend security of
c. Incumbents are replaced by less qualified in terms of status tenure because it is one mode of terminating official relations. But
of appointment, performance and merit preference of appointment in favor of affected employees merely entitle
d. Reclassification where the classified offices perform them to priority in consideration, but not to automatic appointment.
substantially the same functions as the original offices
e. Removal violates order of separation Atty Guji: Remember the next in rank rule? Wa lang you are just entitled to
priority in consideration but no vested right to be appointed. So kani giabolish pero
What is that order of separation? there is another office, can they be absorbed? They can depending on the
1. Casuals with less than 5 years of service appointing authority but they have no vested right. In other words, the appointing
2. Casuals with 5 or more years of service authority may actually appointed somebody outside of the abolished office.
3. Employees holding temporary appointments
4. Employees holding permanent appointments In case of abolition of one office and creation of another, outsiders may
be appointed to the newly created office provided they qualify and it is
Atty Guji: First in last out, ang pinakauna nasulod mauy pinakadugay matang- in the best interest of public service.
tang. But here tan-awa:
Atty Guji: Otherwise known as discretion of appointing authority
Important: But regardless of length of service , those in the Example, if there is an office abolished or reorganized, and there is another
same category enumerated above who are least qualified in created, those who were terminated on the basis of the abolition or reorganization,
they do not necessarily have the right of first refusal nor the vested right to be
terms of performance and merit shall be laid first. Thus, the appointed. But in the government, for humanitarian consideration, they are always
order of separation after abolition through reorganization is accommodated, unless there is no basis to be appointed.
dictated not only by length of service, but also by performance
and merit, all things being equal. DOCTRINE OF SEPARATION FROM POWERS

Atty Guji: Ato i-qualify, pananglit you belong in the same category but still made DOCTRINE OF SEPARATION FROM POWERS
to choose. Kay daghan man kaayu mu, let’s say you’re 20 we only need 10 so unsa
man atu i-qualify ana? So we now talk about quality or the performance if they Purpose: To prevent concentration of executive, legislative and judicial
belong to the same category. powers to a single branch of government.

If they are in equal footing, it should be based on merit and fitness. For example, Atty Guji: The executive branch (?) is perceived to be the most powerful because
there are 10 permanent employees, you need to decide which one to fire and that is the one that is proactive, as opposed to the judiciary nga passive except
which one to retain, base it on their merit and fitness. ombudsman, he is not passive.

Minor changes that do not substantially affect composition, How is it attained?


powers and functions of an agency does not amount to It is attained by allocating their exercise to the three branches of
abolition. government. Separation of powers is independent, coordinate, and co-
Canonizado v. Aguirre equal.
Facts: The PNP was reorganized. It expired the terms of office of the
Atty Guji: That isn’t absolute when you say separation of powers.
incumbent commissioners of the NaPolCom on the basis that it was
already abolished
Q. Are they entirely independent from each other?
No, it not an absolute statement because sharing and mixing of powers
Held: Minor changes that do not substantially affect composition,
between and among the branches is allowed.
powers and functions of an agency does not amount to abolition. As
such, the terms of office of the incumbent commissioners are not
Atty Guji: Take note ha, sharing and mixing of powers but we said separate and
expired, aside from the fact that they are members of the civil service independent from each other. Independent sila but there’s such a thing as
who can only be removed by cause and after due process pursuant to blending of powers.
the security of tenure. Without a valid reorganization, termination in the
form term expiration is unconstitutional. Examples:
Atty Guji: Of course we can contextualize this, gigamit lang ni siya to justify. But 1. The President shares legislation through his veto power.
really standing alone we said that even if we were protecting their security of Atty Guji: Congress enacts a law and the President might not like it and
tenure if there is reorganization valid and in good faith you can terminate as a vetoes the law. That is sharing with the legislative power.
result of reorganization.
A bill becomes a law when the President signs it. Consequently, the
President actually participates in the legislation because he or she is the
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last approving authority, except if he does not sign, and the 30-day period Atty Guji: Pananglit there’s a law passed by congress. Once it becomes a
lapses. By passage of time it becomes a law without the participation of law you might want to say na ‘well congress has no business at all in so far
the President. But normally, there is. as the implementation of the law is concerend’. Congress still can monitor
the implementation and enforcement to guide it in future legislation, so you
2. The Court shares legislation through its power of judicial review cannot say na wa nay labot ang congress because it’s the executive
which interprets or invalidates a law. department that enforces the law. Not absolutely because what they
supervise.
Atty Guji: It is the Supreme Court that has the final say as to how a certain
law is supposed to be construed. D. It concerns post-enactment measures undertaken by Congress to:
1. Monitor bureaucratic compliance with program objectives
3. Congress shares exercise of executive power through 2. Determine whether agencies are properly administered
confirmation of appointments and assent to treaties. It also 3. Eliminate executive ways and dishonesty
shares judicial powers through its power to create inferior courts 4. Prevent executive usurpation of legislative authority
and regulate number and pay of judges. 5. Assess executive conformity with the congressional
perception of public interest.
Atty Guji: But of course you know that it is only the Supreme Court that
is created by the Constitution. Lower courts are by mere legislation. Atty Guji: In other words, the bottomline there is ila tan-awn, they’re going to
assess whether or not the law is properly enforced and whether or not the
There are certain public officers appointed by the President that need the enforcement is effective.
confirmation coming from the Commission on Appointments.
Categories of Congressional oversight functions:
PRINCIPLE OF CHECKS AND BALANCES A. Scrutiny
B. Investigation
PRINCIPLE OF CHECKS AND BALANCES C. Supervision
Purpose: To prevent supremacy of one branch over the other and
secures coordination of various departments.
LEGISLATIVE SCRUTINY
Atty Guji: However, seemingly by perception. It is the executive branch that is Purpose: To determine economy and efficiency of the operation of
Supreme kay kinahanglan siya interviewhun mauy Makita sa media again as government activities
opposed to judiciary na passive you cannot even see the Supreme Court Justice
interviewed by the media, naa na sila spokesperson. Basis: Power to specify the project or activity to be funded.

Thus, the principle of separation of powers: Atty Guji: : Otherwise known as the power of the purse, you know what’s
purse? Pitaka, naa diha ang kaban ng bayan.
1. Allows blending of some of the executive, legislative, or judicial This includes the power of appropriation which includes the power to specify the
powers in one body. project or activity to be funded. It is otherwise known as the power of the purse.
Atty Guji: Take note of the word ‘blending’ because sometimes it may take It is the Congress that holds the purse. It appropriates the budget to all of the
to mean that one is encroaching over the jurisdiction of another. Probably government agencies.
this only means ‘blend’. You have to make the difference.
Exercised through:
2. Does not prevent one branch from inquiring into the affairs of other 1. Power of the purse, and
branches to maintain the balance of power, but ensures that it does 2. Power of confirmation.
not encroach on matters within the exclusive jurisdiction of other
branches.
1 – Power of appropriation or power of the purse through
Atty Guji: So pwede, basta exclusive d ka pwede but once there is that area Budget Hearing
or territory where you can meet halfway, blend your powers pwede, that’s
coordination. A. Administrative officials defend their budget proposals
B. It is the means to review policy and audit the use of previous
For example, one branch asks what the other is doing, it is alright. But it appropriation to ascertain whether they have been disbursed
cannot say ‘you should not have done it this way’ because that is already accordingly
encroachment.
C. It is an opportunity for Congress to express its confidence or
disgust in the performance of a public officer.
POWER OF OVERSIGHT
Atty Guji:
POWER OF OVERSIGHT
The principal power of Congress to legislate includes the auxiliary power Are you familiar with budget proposals? People from the government
to ensure that the laws it enacts are faithfully executed. Power of from the executive department appear befor the congress to defend
oversight pertains to the supervisory power of the Congress to ensure their budget proposals in other words mangayu ug pondo sa congress.
that the laws it legislates are complied with. If you are a government agency that somehow offended a Congressman or a
Senator, for example, then there is a budget hearing, you have to go there and
What do you mean by auxiliary? defend your budget proposal to be included in the next budget.
Extensive, subsidiary, supplemental or incidental.
(Recall what happened to the son of Senator Miriam who committed suicide after
Atty Guji: Principal power to legislate + auxiliary power to ensure faithful applying for admission to the UP Law Center) When the UP representatives went
compliance = power of oversight. to Congress asking for budget increase, and Miriam was there in that committee,
she castigated the UP Law Center representatives.
Power of oversight
A. Intrinsic in the grant of legislative power If you are going to be there, be prepared. Don’t be onion-skinned because for
B. Integral to the checks and balances inherent in a democratic always, they will sting, especially if somehow in the past you offended the
system of government Congress.
C. It embraces all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of its But legislative scrutiny does not end in budget hearings
enactments. As such, Congress can ask department heads to appear before and be
heard by it on any matter pertaining to their departments.

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Atty Guji: Take note ask, they can only invite but they have no compulsive question pertinent to its inquiry, subject to his constitutional right
power to make you attend. against self-incrimination.
However, Section 22, Article VI of the 1987 Constitution provides that
Atty Guji: There has to be a balance between the power of inquiry and the
the “department heads, may upon their initiative, with the consent of right against self-incrimination.
the President, or upon the request of either House, appear before and
be heard on any matter relative to their departments.” So now we can see that the witness can actually invoke the right from start
to finish.
Atty Guji: Remember when GMA prohibited all her secretaries and department
heads from appearing in any investigation conducted by the House of Senate. That 3. The inquiry must be material or necessary to the exercise of the
is her executive prerogative, separation of powers because they cannot compel power. Hence, the witness cannot be coerced to answer a question
attendance in deference to a co-equal branch of the government.
that has obviously no relation to the subject of the inquiry.
2 – Power of Confirmation
Atty Guji: It presupposes now that the witness can actually say I think that
is not relevant to the subject matter, I refuse to answer because it might
Who exercises? incriminate me but if it is now relevant to the subject matter, there is that
The Commission on Appointments composed of: compulsive character relevant naman. Pero it’s a matter of how do you define
1. The Senate President as ex officio chair relevancy, how do you define the subject matter in the first place. Depende
2. Twelve (12) senators, and ra gyud na nila.
3. Twelve (12) representatives
4. The witness admitted that the transaction was legal. That he gave
Atty Guji: There is a ratio and proportion of representation on who are the P440, 000 to a representative of Burt in compliance with the latter’s
majority party and the minority party. verbal instruction. Then he refused to reveal the name of the
representative on the ground that it incriminates him.
Nominees of the President whose positions need confirmation
by the Commission on Appointments: 5. It is not enough for the witness to say that the answer will
1. Ambassadors, other public ministers and consuls incriminate him for he is not the sole judge of his liability.
2. Officers of the armed forces from the rank of colonel or naval Atty Guji: Bottomline is, you are not the sole judge of your liability. You
captain cannot impose it on the one who is asking the question. Just like when you
3. Other officers whose appointments are vested with the President are taking the witness stand. You cannot say that you will not answer the
question because it is a leading question. It is the lawyer who can say that,
under the Constitution not the witness even if the witness is a lawyer.
Atty Guji: All appointments under the Constitution, including Comelec chair
and Commissioners need to be confirmed by the Commission on
Appointments (CoA). 6. The danger of self-incrimination must appear reasonable and real
to the court. The fact that the testimony of the witness may tend
Atty Guji: Is this exclusive? I think I listed all the cases there and you will to show that he violated a law is not sufficient to entitle him to the
know the answer. protection.

CONGRESSIONAL INVESTIGATION Atty Guji: In other words, it is not for you to decide whether that is self-
incriminatory.
Who exercises?
Senate of Representatives or any of its committees. 7. It cannot be invoked by reason of fanciful excuse, for protection
against an imaginary danger, or to secure immunity to a third
Limitations to Congressional Investigations person.
1. Must be in aid of legislation
2. In accordance with its duly published rules and regulations Atty Guji: Diba because he said I don’t want to divulge the date I want to
3. The rights of persons appearing in or affected by such inquiries protect him he’s a third person.
shall be respected.
Grounds for Contumacy (House Rules and Procedures
Arnault v. Nazareno Governing Inquiries in Aid of Legislation):
Facts: During Congressional Investigation, a witness refused to answer
question he claimed to be self-incriminatory. The Senate cited him in 1. Refuses, after being duly summoned, to obey such summons
contempt, committed him to the custody of the Sgt-at-Arms and without legal excuse
imprisoned him until he answers the question.
Atty Guji: Example is Junjun Binay (the son). He doesn’t attend despite
summons so he was cited in contempt. Gipadakop.
The contention of the witness: Senate has no power to cite him in
contempt. The information sought to be obtained was immaterial and 2. Refuses to be sworn or placed under affirmations
does not serve any purpose in aid of legislation. The answer required 3. Refuses to answer any relevant inquiry
incriminates him. 4. Refuses to produce any books, papers, documents or records that
are relevant to the inquiry and are in his/her possession
Supreme Court ruling: 5. Acts in a disrespectful manner towards any member of the
1. The power of inquiry includes the power to enforce. Legislation Committee or commits misbehaviour in the presence of the
presupposes information. Mere request for information are often committee
unavailing as some means of compulsion is essential to obtain Atty Guji: So kani, disrespective. They are investigators the senators the
congressmenso if they think you are disrespecting them they can cite you in
legislative information. contempt, But makit-an nimu sa TV. Seldom do they practice contumacy.
Atty Guji: The power of contumacy to cite in contempt for refusing to
answer a question on the basis of thinking it is self-incriminatory, has to have 6. Unduly interferes in the conduct of proceedings during meetings
that compulsion. Otherwise, there is no point for the hearing.
Atty Guji: Because you know, ang problema man gud didtu kay murag in
2. Once an inquiry is admitted or established to be within the the hierarchy of things, when you say right to self incrimination that’s your
jurisdiction of the legislative body to make, the investigating basic right so the primordial consideration falls on that aspect. Mas ila
committee has the power to require the witness to answer any gitagaan ug respeto ang imung right against self-incrimination kaysa sa ila
power to inquire so murag girespetaran nlng. Pero sometimes all you can

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see there is it’s a useless thing. If it is in aid of legislation but you cant get Held: It is clear that Congress has already set the necessary standards
anything from the witness what for? to guide the Comelec in identifying the countries where voting by mail
may be allowed. Since the standards have been defined, all that is left
LEGISLATIVE SUPERVISION is their enforcement.
It allows Congress to scrutinize the exercise of delegated law-making
authority, and permits Congress to retain part of that delegated Atty Guji: In other words, there is a standard and almost, the law is complete.
authority. So what is left is only enforcement.

Atty Guji: It is only the President that has the veto power, and Congress can The Constitution has given the Comelec power to enforce and administer
override the veto. However, there is an instance when Congress has the power to all laws and regulations relative to the conduct of an election. The power
veto. There is such a thing as subordinate legislation. If Congress enacts a law and is exclusive. As such, it cannot be subject to review and revision or veto
it leaves to the administrative agency the power to formulate implementing rules by Congress in the exercise of its oversight power.
and regulations to fully implement the law, Congress sometimes requires the IRR
to be submitted to it for approval. If Congress does not like that, it vetoes the IRR. The legislative veto power or congressional oversight power over the
That is the veto power of the Congress. Take note that this is an exception.
authority of the Comelec to issue rules and regulations in order to
GR: It is only the President that has the veto power. enforce election laws is unconstitutional.
XPN: When Congress vetoes the IRR submitted to it by the
administrative agency for approval. The power of the Comelec to promulgate implementing rules and
regulations can only be struck down if it is illegal or constitute grave
Question: Veto power pertains to the president, absolute? abuse of discretion.

Atty Guji: And the one that strikes it down is not even Congress, but the Supreme
How exercised? Court. Take note of that exception.
Through its veto power when granting the President or an executive
agency the power to promulgate regulations with the force of law POWERS OF ADMINISTRATIVE AGENCIES
These provisions require the President or an agency to present the POWERS OF ADMINISTRATIVE AGENCIES
proposed regulations to Congress, which retains the right to approve or 1. Quasi-legislative
disapprove any regulation before it takes effect 2. Quasi-judicial
3. Implied powers
It allows Congress to participate prospectively in the approval or
disapproval of “subordinate law” or those enacted by the executive Doctrine of necessary implication and inferences.
branch pursuant to a delegation of authority by Congress
LLDA v. CA
Atty Guji: Are you familiar with subordinate legislation? Congress makes a law Facts: An administrative agency issued a cease and desist order against
but of course that law is without specifics and you need an administrative body to a local government unit from operating an open dumpsite. But it was
provide for the specifics to fill in the gap. And when the administrative body does challenged as without basis because the law merely says it has the
that, that is actually the power of subordinate legislation. It actually legislates but power to “make, alter, modify orders requiring the discontinuance of
subordinate to the power of Congress thus, congress can strike it down therefore pollution”
the VETO power.
Atty Guji: Tan-awa ha, ang power na gigrant sa administrative agency kay kani
Q. Does Congress have the veto power over the Comelec? ra, the power to make, alter, modify orders requiring the discontinuance of
pollution.
Makalintal v. Comelec
Facts: This case is about the constitutionality of RA 9189 (Overseas
Held: While it is a fundamental rule that an administrative agency has
Absentee Voting Act). SC struck down Section 17.1 as unconstitutional
only such powers as are expressly granted, it has also implied powers
insofar as it allows the Joint Oversight Committee of Congress to review
necessary to exercise its express powers
and approve the rules and regulations issued by Comelec. This violates
the independence of the Comelec as mandated by the Constitution. Atty Guji: The principle applied here is Doctrine of Necessary Implication and
Inferences which is otherwise known as common sense.
Section 17 or RA No. 9189 provides:
The only limitation is if there is a prohibition, you cannot do that but as long as it
“Sec. 17. Voting by mail – For the May 2004 elections, the Commission is related to enforce or realize the objective of the authority you cannot do that
shall authorize voting by mail in not more than three (3) countries, even if it is not enumerated or detailed in the order.
subject to the approval of the Congressional Oversight Committee.
Voting by mail may be allowed in countries that satisfy the following The principle of exhaustion of administrative remedies applies
conditions: only when the agency exercises quasi-judicial powers.
(a) Where the mailing system is fairly well-developed and secure to SMART v. NTC
prevent occasion of fraud; Facts: Telecommunication companies challenged the billing rules and
(b) Where there exists a technically established identification system regulations promulgated by the NTC. It was argued to be premature
that would preclude multiple or proxy voting; because of failure to exhaust administrative remedies.
(c) Where the system of reception and custody of mailed ballots in
the embassies, consulates and other Foreign Service Atty Guji: Take note ha, rules and regulations promulgated by NPC so unsa may
establishments concerned are adequate and well-secured. power? Quasi legislative, it was trying to promulgate and make rules so now it was
argued to be premature because of failure to exhaust administrative remedies.
Thereafter, voting by mail in any country shall be allowed only upon
review and approval of the Joint Oversight Committee.” Held: The principle of exhaustion of administrative remedies does not
Atty Guji: Congress enacts a law and it delegates the power to an administrative apply when the administrative agency exercises quasi-legislative power.
agency. But in the delegation of power to formulate the IRR to fully implement the It only applies when it exercises quasi-judicial power.
law, Congress provides for sufficient standard as basis for the administrative
agency to formulate the IRR. But Congress now says that even after you are given
In the same way, the doctrine of primary jurisdiction applies only when
the standard and you have made an IRR based on that standard, that is still subject
to review by Congress. the administrative agency exercises quasi-judicial power

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Atty Guji: It is all about texts. There was a proposal that the name of the recipient
or the receiver of the message or call will be recorded in the billing. TN: There is
a particular remedy when you can say that that is premature because there was a
failure to exhaust administrative remedies. It is available only when the
administrative agency exercises quasi-judicial power.

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PART II - QUASI-LEGISLATIVE POWER tasked to enforce the law, because they cannot enforce the law without construing
it. They have to understand it first before enforcing it. It is actually first interpreted
QUASI-LEGISLATIVE POWER: SUBORDINATE LEGISLATION and construed by administrative agencies.
Atty Guji: We discussed in detail already the quasi-legislative power of
the Comelec to administer elections, so this is just a reiteration of what But that interpretation is binding only until it is nullified by the SC. Once it is the
SC that construes the law, its interpretation is binding. But if it is the administrative
we learned in election insofar as quasi-legislative power is concerned.
agency, it is good as it gets because later on it might be nullified by the SC. Absent
This also would touch on some principles of statutory construction. any nullification by the SC, it is valid and binding.

A. Nature and Definition Conditions for a valid subordinate legislation.


B. Kinds: Interpretative and Legislative Regulation
C. Source: Valid Delegation Sigre v. CA
D. Requisites of Valid Regulation Facts: A land tenant had been paying rental to the landowner with 32
E. Penal Regulations cavans every agricultural year. But he stopped paying rentals to the
F. Construction and interpretation landowner and instead remitted it to LBP pursuant to the Memorandum
Circular issued by the Department of Agrarian Reform. It set guidelines
Power of Subordinate Legislation in the payment of lease rental by farmer-beneficiaries under the land
Administrative bodies are authorized to “fill in the details” which transfer program of PD No. 27.
Congress may not have the opportunity or competence to provide. This
Atty Guji: PD 27 is the Agrarian Reform Law under the Marcos Regime. A
is effected by promulgation of implementing rules known as
presidential decree has the force and effect of law. The question here is, can a
supplementary regulations. Memorandum Circular supersede a Presidential Decree?

NATURE AND DEFINITION It says payment of land rentals terminates on the date the value of land
NATURE AND DEFINITION is established. Thereafter, tenant-farmers pay their lease rentals to the
LBP or its authorized representative.
Administrative regulations and policies enacted by
Atty Guji: There are instances when tenant-farmers make little payments because
administrative bodies to interpret the law have the force and the landlords do not issue receipts. Sometimes, the landlords take advantage. So
effect of law. there is this Memorandum Circular to protect their interests.
Rizal v. NLRC
Facts: An insurance company terminated its employee on the ground of The Court of Appeals nullified the Memorandum Circular as there is
tardiness and unexcused absences. But the Labor Arbiter reinstated him nothing in PD 27 that sanctions it. It is in conflict with PD 816 which
with back wages. The insurance company moved to extend time to file says payment of lease is to be made to the landowner. As a statute, PD
Appeal Memorandum on the last day. The motion to extend was denied 816 prevails over the Memorandum Circular.
by the Labor Arbiter and the appeal was dismissed for being filed out of
Atty Guji: There is another PD that specifically says payment must be to the
time. The Revised Rules of the NLRC says decisions of the Arbiter
landowner, but the intent of the MC here is to protect the interest of the tenant-
become final and executor unless appealed in 10 days and no motion farmers because sometimes their payments are not reflected or not accounted for
for extension is entertained. because they don’t issue receipts.

Atty Guji: Appeal Memorandum shall be filed within 10 days and it is non- Held: The power of subordinate legislation allows administrative bodies
extendible. Motion for Reconsideration is a prohibited pleading in an appeal
to implement the broad policies laid down in the statute by “filling in”
memorandum. In other words, the motion for extension is a prohibited pleading
just like the motion for reconsideration. the details, provided:
1. It is germane to the purpose of the law and
Because what happened here was, labor arbiter decides. In 10 days you need to 2. Conforms to the standard prescribed by law.
file an appeal if you don’t want to finalize the decision and 10 days lang and that
10 days cannot be extended but in this case the employee says that if the labor TN: As an administrative agency you can fill in the detail in the gap of
arbiter and the NLRC insist on that and that will liberalize the rules it actually the law, provided you follow the conditions. Germane means related as
gravely abuses its discretion because according to him under the rules of court
opposed to mundane which means worldly.
daw pwede man you liberalize but here the Supreme Court said that is in so far
the rules of court is concerned but we’re talking about the NLRC rules and
procedure. Atty Guji: What happened is, here is a law PD 27. Katu bitaw karaan na
comprehensive agrarian reform law during the time ni Marcos. It says now that if
you are the tenant you pay the lease to the landowner. So the problem there is
Contention of the Insurance Company: The NLRC gravely abused its ingun sila, ‘why do you stop paying the payment directly to the landowner?’.
discretion for dismissing the case out of technicality. It invoked the Rules Because the MC now says okay diritso na sa banko.
of Court on liberal construction in the interest of substantial justice.
The reason there is according to DAR, sometimes or most of the time kaning
Held: It may be true insofar as the Rules of Court is concerned whereas payment sa tenants given to the landowner they do not issue a receipt. When you
the NLRC Rules of Procedure is clear and leaves no room for do not issue a receipt you cannot account or monitor the expenses so chances are
it comes to a point where supposedly fully paid naka d ka makaprove coz you don’t
interpretation. Administrative regulations and policies enacted by
have a receipt.
administrative bodies to interpret the law have the force and effect of
law thus entitled to great respect. So the DAR made a memorandum circular and let the farmers pay directly to the
bank because in the bank nay accounting klaro kaayu. But they said it has no basis
Atty Guji: NLRC rules and procedure that was created by the NLRC as an in law because the law does not even mention about stocking the payment. But
administrative body and here we say that you have to respect that, it has the force actually it’s not stocking the payment, it is just chattled to the bank, bayran
and effect of law because specific man as a matter of fact motion for gihapun ang owner pero dili directly sa iyaha.
reconsideration is prohibited you go directly for appeal
PD 27 emancipates tenants from the bondage of the soil by transferring
Labor Laws are actually social legislation and so the NLRC is tasked to provide
to them ownership of the land they till. The Memorandum Circular is
subordinate legislation. They actually formulate the IRR, or in this case, the NLRC
Rules of Procedure which actually interprets the law. intended to avoid the situation where payments of lease exceed the
value of the land. It is to remedy the situation where lease payments
In statutory construction, interpretation and construction is the exclusive province are not recorded or monitored because of the refusal of landowners to
of the SC. However, in so far as who first interprets the constitutionality of law is issue receipts to the tenants. In the exercise of the power of subordinate
not really the SC. It could be the President or the Administrative Agency which is

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legislation, administrative bodies are empowered to promulgate rules to compensation rates of positions of foreign-assisted projects including
fill in the gap of the statute to fully implement the law. honoraria rates for detailed personnel”.

Atty Guji: Take note ha broad policies, remember sufficient standards. Normally The DENR certified that its review of reforestation projects undertaken
it’s broad vague even but if it’s capable of determination, reasonable determination by state universities is one of the components of the Forestry Sector
pwede.
Program Loan. Thus, it is a foreign-assisted project. DBM clarified that
So if you are the administrative body here are your standards: You can enact an the honoraria rate should not be based on the CPG since it pertains to
IRR basta germane to the purpose of the law and conforms with the standard locally-funded projects while the NCC pertains to foreign-assisted
prescribed by law even if what your saying there has no direct relation with the projects.
source law.
It is difficult to understand why despite these certifications, the COA
The reason is congress legislates and that law is couched in general terms. There took a rigid and uncompromising posture that the CPG is the applicable
are no specifics yet. Asa man nimu ibutang ang specifics? Sa administrative body
because it has the expertise in the field and because congress actually admits that
criterion for the honoraria to members of the reforestation evaluation
it cannot anticipate each and every situation that arises during the implementation project team of the state university. Administrative regulations and
that’s why administrative agencies kamu bahala. policies enacted by administrative bodies to interpret the law have the
force and are entitled to great respect.
What the SC is saying is that even if it is a mere memorandum circular but if it
actually gives life on the purpose and intent of the law then that is allowed in Atty Guji: When you are going to make guidelines out of the source of law, the
subordinate legislation. If Congress legislates, it cannot anticipate each and every first thing that they refer to is the interpretation of the law because you can never
situation in the field as the law is being enforced. That is why an administrative make a guideline without that interpretation or construction. So this is a result of
agency is better equipped in understanding the situation and they can fill in the interpretation that has the force and effect of law, unless nullified later on by the
gap on law. SC. Because it only says “with great respect”, meaning, it is binding so long as the
SC did not find anything to the contrary.
KINDS OF QUASI-LEGISLATIVE POWER
Interpretative regulations are at best advisory, for it is the
KINDS court that finally determines what the law is.
1. Interpretative regulation
2. Legislative regulation Peralta v. CSC
Facts: A trade specialist in the Department of Trade and Industry
Eslao v. COA received his initial salary. But it was deducted with the amount
Facts: A state university entered into a Memorandum of Agreement with corresponding to his absences during the covered period on Fridays
the Department of Environment and Natural Resources to evaluate hence it included Saturdays and Sundays because he had no
government reforestation operations. The Board of Regents of the State accumulated leave credits. The basis for deduction is the Handbook of
University confirmed the appointments and designations of the state Information on the Philippine Civil Service which states that:
university personnel including the rates of honoraria and per diem. The
Commission on Audit however found that the approved rates of Atty Guji: The law empowers the CSC commissioner to prescribe amend for
suitable rules and regulations that carry out the provisions of the Civil Service Law.
honoraria were higher than the rates in the National Compensation
So kana when you say empowered, gidelegate ang authority. So that’s why the
Circular (NCC) No. 53 thus disallowed. CSC commissioner made the handbook of information of the Philippine Civil Service
that states:
Atty Guji: Because the problem here was State University, nakigcoordinate. There
was a memorandum agreement with the DENR for reforestation project so
“When an employee is on leave without pay on a day before or on a day
ofcourse if you monitor and evaluate the reforestation project there’s a team there
and you have to pay the team. So gibayran, honorarium per diem and COA again immediately preceding a Saturday, Sunday or a Holiday, such Saturday,
unsa may fixation sa COA? Disallowance right? Sunday or a Holiday shall also be without pay.”

Once makakita kag loophole it will declare disallowance. So according to COA, the Atty Guji: Diba, it actually avoids long holiday. Long weekend kay kasagaran
rates are higher not allowed. But the DMB says the legal basis of law is actually kanang giingun nila sa gobyerno ‘mabilis pa daw sa alas kwatro’ diba mawa na
antiquated there’s a new circular that allows or justifies the higher wage. But still ang empleyado. But that’s not true anymore.
the COA did not budge but here the Supreme Court said the DBM is right, it
interpreted the provision of law and COA should yield administrative regulations Now you might be wondering na why are we talking about Saturday, Sunday and
and policies enacted by administrative bodies to interpret the law have the force Holiday na you are supposed to be paid daily. But in the government most of them
of law and they are entitled to great respect. are paid monthly. So kung absent kag Friday wala nakay Saturday Sunday. So is
that correct? Mau ni ang source law:
But take not great respect lang ha it is not binding. It is as good as it gets until
nullified by the Supreme Court. After 6 months of continuous satisfactory service, the Department Head may in
his discretion, grant the employee 15 days vacation leave of absence with full pay
The natural propensity or tendency of auditors is to find disallowance there. If exclusive of Saturdays, Sundays or Holiday for each calendar year of service. In
there is something going to be disbursed from the pockets of the government and addition another 15 days of sick leave is granted exclusive of Saturdays, Sundays
if the auditor will find that there is no legal basis to it, that auditor will stop it. and Holidays.
Because they are fixated to disallowing, that is their job.
The CSC construed this as referring only to employees who have earned leave
credits against which the absences may be charged with pay as its letters speak
The auditor based the disallowance on the Compensation Policy only of leaves of absence with pay. Mau nay position sa Civil Service.
Guidelines (CPG) which provided for lower rates and should apply to the
Memorandum of Agreement. The Department of Budget and The intent and spirit prevail over the letter of the law.
Management (DBM) clarified that the honoraria should be based on NCC
because it pertains to foreign-assisted projects whereas the CPG Before in the government, for example, when you are absent on a Thursday, and
pertains to locally funded projects. But the COA argued that CPG is Friday is a holiday, you cannot avail of a holiday in Saturday and Sunday. It was
meant to discourage you from incurring a long absence or a long vacation. In the
applicable because it does not distinguish between projects locally and
government, we are paid in monthly basis and so even Saturdays and Sundays are
foreign funded. supposedly paid.

Held: It is true that the CPG does not distinguish between foreign and Contention of the trade specialist: The General Leave Law in the Revised
local funded projects. The CPG was issued by the DBM in 1980 whereas Administrative Code, the old Civil Service Law, the Civil Service Decree
the NCC was in 1988. As such, it is meant to amend the CPG. Also, the and the Civil Service Rules and Regulations have no specific provision
provisions of the NCC are clear that it is applicable to foreign-assisted
projects only. It was issued “to prescribe/authorize the classification and
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which supports the rule. The deduction without legal basis deprives Kani gibali natu, ganina the Supreme Court sustained the case. Sa katung
property without due process of law. handbook it was actually an opinion lang kay iya man giinterpret ang balaod but
opinion palang because the Supreme Court has not yet decided with finality
Atty Guji: Insofar as Civil Service is concerned, to them what governs now is the whether or not that opinion is concomitant with the law.
Administrative Code of 1987, however, if you look at the Code of 1987 it does not
expressly repeal the Civil Service Act of 1959. If there is no express repeal, there So kani ang nahitabo is that interpretation is incorrect. It is at best advisory
is a chance that the old law may still be alive. For me, my opinion is, the Civil because it is the court that finally determines what the law means so it is not
Service Act of 1959, no matter how old it is, it is still alive so long as there is no binding upon the courts. It may be set aside if there is error of law abusive power
irreconcilable inconsistencies. or lack of jurisdiction or grave abuse of discretion conflicting the letter or spirit of
the law. As such these administrative regulations need not be published.
Contention of the Civil Service Commission: The rule that applies only
So again bottomline is if you interpret the law and out of that interpretation you
to employees paid on a monthly basis rests on the assumption that one make a policy that is merely advisory until the Supreme Court says with finality,
who has no leave credits who absents on a Monday or Friday, could not that ‘okay this is correct’ then that becomes a policy.
be favourably credited with intervening days had the same been working
days. To allow otherwise allows an employee who is on leave of absence Bottom line: If the administrative agency makes a guideline, that is actually the
without pay for along period of time to be entitled to payment of his result of their interpretation which is why we call that Interpretative Regulation.
salary corresponding to Saturdays, Sundays or Holidays.
SOURCE: VALID DELEGATION
It also discourages employees who have exhausted their leave credits
SOURCE: VALID DELEGATION
to absent on a Monday or Friday to have prolonged weekend to the
prejudice of the government and the public in general. While the law
Unbridled discretion delegated to the provincial board.
excludes Saturdays, Sundays and holidays in the computation of leave
credits, it does not however include a case where the leave of absence People v. Vera
is without pay.
Facts: A convict applied for probation under Act No. 4221. The private
prosecution opposed on the ground that Act No. 4221 violates the equal
Issue: Whether the salary representing the intervening days of
protection clause because its application is not uniform throughout the
Saturdays, Sundays and holidays is deducted if the employee is absent
country. Section 11 empowers the provincial boards to make it effective
or on leave without pay on a Friday or Monday?
or otherwise in their respective provinces. It is an undue delegation of
legislative power. The trial court denied the application.
While it was pending however, the CSC amended the policy. The
employee is not deemed absent on the intervening days. This mooted Atty Guji: This is a very old case but best illustrates valid delegation. This is the
the issue. But for reasons of public interest and public policy, the SC very old probation law, I think 1920s but we bring this now because it best
says it is its duty to rule on its validity. illustrates valid or invalid delegation.

Atty Guji: Before that was the rule but it was already amended, however the SC Sa pirmiro palang it says ‘this act shall apply only to those provinces in which the
said that even if the issue is now moot and academic, we are still going to rule respective provincial boards have provided for the salary of the probation officer
because it will be for future guidance. The SC is sometimes very inconsistent, if at ways not lower than those now provided for provincial fiscals’. Take note in
the issue is moot and academic but very controversial, the SC might say, it has those provinces respective provincial board so unsa man na administrative body
been mooted so it is useless to discuss up to this time. But sometimes it says the iya girefer it’s actually referring to the local government unit the province through
case is of transcendental importance so even if it has been mooted, they need to the provincial board. It applies only, and take note buut pasabut diay if the
decide on the issue to serve as guide for the future because it might be repeated. provincial board does not allocate funds or this salary of the probation officer,
there cannot be a probation officer.
Held: The law empowers the CSC Commissioner to prescribe, amend,
Kinsa may magprobation officer kung walay sweldo? You deal with convicts imu
and enforce suitable rules and regulations to carry out the provisions of
girehabilitate how do you do that without the salary. So now, it goes without saying
the civil service law. The law in point says: After at least 6 months of that the law actually says it’s up to the provincial board kung mutake effect ang
continued satisfactory service, the department head may, in his probation law sa ilang probinsya.
discretion, grant an employee 15 days vacation leave of absence with
full pay exclusive of Saturdays, Sundays and holidays for each calendar Because they can say, ‘okay no budget’ and you cannot force them to allocate
year of service. In addition, another 15 days of sick leave is granted funds. So is that valid delegation? It violates equal protection clause because its
exclusive of Saturdays, Sundays and holidays. The CSC construed this application is not uniform throughout the country. Exactly because one province
can say ‘okay we have the budget so the probation law can be applied here’ but
as referring only to employees who have earned leave credits against
what if you allow the province na impoverished na province na walay budget na
which their absences may be charged with pay as its letters speak only no budget so no probation law.
of leaves of absence with full pay.
It cannot be applied uniformly throughout and you cannot argue that ‘basin diay
The intent and spirit prevail over the letter of the law. Government makakwarta mi, makahatag name sa among officer nana mi probation law’ it is
employees, whether or not they have exhausted their leave credits, are nto even the intention of the law because if that happens it now becomes the sole
not required to work on a Saturday, Sunday or holiday. Thus, they discretion of the provincial body to determine whether or not the probation law
can be inforce in the province.
cannot be deemed absent on such non-working days. The law did not
distinguish between those who accumulated leave credits and those who There is a section there in the law which provides that the budget for the Office
exhausted them. When an administrative or executive agency renders of the Commissioner depends on the Commission Board. So if the Commission
an opinion or issues a statement of policy, it merely interprets a pre- does not appropriate the budget then there is no probation for that particular
existing law. It is at best advisory, for it is the court that finally province.
determines what the law means. It is not binding upon the courts. It
may be set aside if there is error of law, abuse of power or lack of Held: The general rule is legislative power cannot be delegated. But
jurisdiction or grave abuse of discretion conflicting the letter or spirit of immemorial practice permits the central legislative body to delegate
the law. As such, these interpretative regulations need not be published. legislative powers to local authorities. The delegation of legislative
power is valid if the law is complete in all its terms and provisions when
Atty Guji: Common sense would tell us that if you are not required to work on a it left the hands of the legislature so that nothing is left for the judgment
Saturday or Sunday, thus you cannot be declared absent on a Saturday or Sunday. of the appointee or delegate of the legislature.
You cannot be deemed absent on such non-working days.
An examination of a variety of cases on delegation of power to
When an administrative or executive agency renders an opinion and issues a
statement of policy it merely interprets the law. administrative bodies shows that the ratio decidendi varies. But it can
be broadly asserted that it revolves around the sufficiency of standard
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in the law to aid the delegate in the exercise of discretion. In some Public safety is a sufficient standard.
cases, it is sufficient, in others, it is insufficient and still in others, it is
Calalang v. Williams
lacking. It is incomplete if it does not lay down any rule of definite
standard by which the administrative body or officer may be guided in Facts: The Reflector Law provides:
the exercise of the power of discretion delegated. What is granted by “(g) Lights and reflector when parked or disabled. – Appropriate parking
Section 11 is a roving commission that enables the provincial board’s lights or flares visible 100m away shall be displayed at a corner of the
arbitrary discretion. vehicle whenever such vehicle is parked on highways or in places that
are not well-lighted or is placed in such manner as to endanger passing
TN: Roving commission means unlimited, unbridled discretion. traffic. Furthermore, every motor vehicle shall be provided at all times
with built-in reflectors or other similar warning devices either pasted,
Section 11 presupposed that if the provincial board does not wish the painted or attached to its front and back which shall likewise be visible
Probation Act to apply, it simply declines appropriation of salary for the at light at least 100m away. No vehicle not provided with any
probation officer. This leaves the entire matter to the provincial board requirements mentioned in this subsection shall be registered.”
to determine, a virtual surrender of legislative power to the provincial
boards. Atty Guji: That’s the source law passed by congress but of course the LTO or
LTFRB can still promulgate rules and regulations. So dunay administrative order
based on that law.
Atty Guji: They said pa gyud na ‘okay if the provincial board says walay kwarta
walay probation officer’ in effect the provincial board actually suspends the
Administrative order number 2 says that no motor vehicles of whatever style or
enforcement of the law and you cannot suspend unless you are congress or the
kind make class or denomination shall be registered if nto equipped with reflectors,
Supreme court by virtue of a TRO.
such reflectors shall either be factory built in or commercial glass reflectors
reflection tape or luminous paint then the luminousity shall have the intensity to
You know what kanang RH law ba, it’s been with the Supreme Court naka TRO
be maintained and visible at all times such that when struck by a beam of light
pana even until now dili pa siya me enforce.
shall be visible 100 meters away.

While delegation allows an administrative body or officer to determine Take note ha that it does not reflect the reflector law dli siya pareha, so they said
the facts according to the terms of the law, the legislature did not na duna may addition especially this one: Another section that prescribes
provide for the operation of the Probation Act contingent upon specified dimension, placement.
facts or conditions to be ascertained by the Provincial board. The
discretion is arbitrary because it is absolute and unlimited. It is not The source law did not provide for this pero ngano man the administrative order
naa man ni siya is that valid?
required to justify refusal to appropriate funds for the salary of probation
officers. A motorist challenged this as unconstitutional because it deprives
Atty Guji: In this case, it depends on the Commission board on whether or not
property without due process.
to appropriate budget for the probationer. And here it does not even require
explanation why they didn’t appropriate in the first place. Atty Guji: Reflector Law is a service law. There is a question there on whether or
not the policy as implemented by the administrative agencies have basis under the
That now is abdication or total surrender of legislative power and it cannot be a Reflector law? Another issue is its constitutionality.
valid delegation of power. It is valid if the law is complete in all its terms.
Held: The law is enacted under the police power to promote public
Kanus-a ta kaingun na valid ang delegation? It is valid if the law is complete in all safety. Police power is the state authority to enact legislation that may
its terms and provisions when left by the hands of congress so that nothing is left interfere with personal liberty or property to promote the general
for the judgement of the appointive delegate of the legislation. In other words the welfare.
law must be complete in itself that when it leaves the hand of congress what it
needs is only enforcement.
Thus, persons and property could be subjected to all kinds of restraints
However, how do you reconcile this when you say that subordinate legislation and burdens in order to secure the general comfort, health and
you’ll fill in the gap. In other words when you fill in the gap there are some missing prosperity of the state. It is the power to prescribe regulations to
words in the law, if there are missing details how can we say that the law is promote the health, morals, peace, education, good order or safety and
complete. How do you reconcile? general welfare of the people.

It means that when we say the law is complete in itself, the law is complete in so Atty Guji: Public safety is a sufficient standard. So it is up to you to formulate
far as the general terms are concerned. Meaning there is guide all ready there is guidelines based on public safety. AO No. 2 is the IRR of the Reflector Law and it
sufficient standard. Dili gihapun siya complete kay you need to fill in the gap of is more specific.
the missing details.
Generally legislative power cannot be delegated except the local governments that
This makes the applicability of the Probation Law dependent not only participate in its exercise. What cannot be delegated is the authority of congress
upon the full discretion of the provincial board, but on its pleasure. While to enact laws, alter or repeal them. If it involves discretion as to what the law shall
it may be argued that the Probation Law may take effect any way at be it cannot be delegated. Because ang discretion sa administrative agency is how
some future time when the Provincial Board appropriates, it still rests to enforce the law not to determine what the law shall be.
solely upon the will of the Provincial Board and not upon the happening If it involves the authority to execute pursuant to the law it can be delegated the
of a contingency. law must be complete in all its terms and conditions and there must be sufficient
standards. The standard may either be express or implied if implied it need not be
Atty Guji: What if the Commission Board now says, well we did not appropriate spelled specifically but for as long as it is verifiable.
because there is no budget in the first place. Can we just appropriate later on? If
that happens, if we allow that, we are actually empowering the Commission Board Remember the distinction between as you may deem fit and as you may deem it
to suspend the enforcement of the law, which it cannot do. necessary? Fit is sole discretion, unfettered but if you say necessary that necessary
is quantifiable and that is the measure. In other words it’s not really your
In effect, the Provincial Board is empowered to suspend the discretion.
enforcement of the law. The power to suspend law pertains to Congress
In the reflector law the onjective of the law is public safety, so anything that you
subject to the condition that when it suspends, it cannot be suspended
do for as long as it is geared towards public safety that can be acceptable. The
as to certain individuals only, leaving the law to be enjoyed by others. principle of non delegation has been constrained to adopt to the growing
The suspension must be general. Thus, Section 11 is an improper and complexities in life thus the birth of the principle of subordinate legislation. While
unlawful delegation of legislative authority to the provincial boards and law making is non delegable the authority to promulgate rules and regulations to
is therefore unconstitutional. implement the law provided it is germane to the purpose of the law and provides
a standard.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

Edu v Ericta MC No. 2 Sec C. Compensation & Benefits. –


Facts: Administrative Order No. 2 (IRR of Reflector Law) says: In case of death of the seamen during the term of his contract, the
“No motor vehicles of whatever style, kind, make, class or denomination employer pays his beneficiaries the following:
shall be registered if not equipped with reflectors. Such reflectors shall
a. P220,000.00 for master and chief engineers
either be factory built-in reflector commercial glass reflectors, reflection
b. P180,000.00 for other officers, including radio operators and
tape or luminous paint. The luminosity shall have an intensity to be
master electrician
maintained visible and clean at all times such that if struck by a beam
c. P130,000.00 for ratings.
of light shall be visible 100m away at night.”
Contention of the employer: This Memorandum Circular violates non-
Another section prescribes dimension, placement and color. This was
delegation of legislative power. There is no statutory authority given to
likewise challenged for being an undue delegation of legislative power.
POEA to promulgate it. Even if there is, the regulations represent
exercise of discretion which cannot be delegated.
Held: Generally. Legislative power cannot be delegated except to local
governments that participate in its exercise. What cannot be delegated
Atty Guji: The issue here is the POEA does not have the authority to promulgate
is the authority of Congress to enact laws, alter and repeal them. If it to give the standard in awarding the death benefits and burial expenses.
involves discretion as to what the law shall be, it cannot be delegated.
If it involves authority to execute pursuant to the law, it can be Held: It is true that legislative discretion as to substantive contents of
delegated. The law must be complete in all its terms and conditions. the law cannot be delegated. What can be delegated is the discretion
There must be sufficient standard that defines legislative policy, marks on how the law is to be enforced and not what the law shall be. Two
its limits, maps out its boundaries and specifies the public agency to tests to determine valid delegation of legislative power:
apply it. The standard may either be express or implied. If implied, it
need not be spelled out specifically. It could be implied from the purpose 1. Completeness Test – the law must be complete in all its terms and
and policy of the act considered as a whole. conditions such that when it leaves Congress, there is nothing else
left for the delegate to do but enforce it.
Atty Guji: Two tests to know proper delegation of legislative power:
1. Completeness test – the law must be complete in itself 2. Sufficient standard test – there must be adequate guidelines in the
2. Sufficient Standard test – the law must have sufficient standard that defines
law to define the boundaries of the delegated authority.
legislative policy, marks its limits, maps out its boundaries and specified the
public agency to apply it.
Atty Guji:
If the law is complete then that can be delegated because you don’t need to Either or ni siya ha, if you don’t pass here and you pass here that’s all right.
determine what the law is. The administrative agency has nothing else to do but If you use sufficient standard, it admits that the law is not complete after all for
enforce the law. But in the enforcement, there is interpretation and if during the as long as there is sufficient standard.
interpretation, there is something missing, the agency can fill in the gap. Rationale
is that Congress cannot anticipate what happens on the field. The reason is the increasing complexity of governmental task and the
growing inability of Congress to cope directly with its myriad problems
In the Reflector Law, the objective of the law is public safety. The demanding its attention. The growth of society has ramified its activities
principle of non-delegation has been constrained to adapt to the growing and created peculiar and sophisticated problems that Congress cannot
complexities of modern life thus the birth of the principle of subordinate be expected to seasonably comprehend. This demands specialized
legislation. While law-making is non-delegable, the authority to legislation. With the myriad of problems besetting society, Congress has
promulgate rules and regulations to implement the law is allowed become incompetent to provide specific solutions. Thus, the need for
provided it is germane to the purpose of the law and conforms with the delegation.
standard of the law.
This justification for delegation of legislative power is applicable to
Two categories of legislative powers: administrative bodies. With the proliferation of specialized activities and
1. Determine what the law should be. their attendant peculiar problem, Congress found it more and more
2. Authority to fix the details in the execution of enforcement of necessary to entrust to administrative agencies the authority to
legislative policy. promulgate rules to carry out the general provisions of the law. This is
the Power of Subordinate Legislation. With this power, administrative
Atty Guji: So katu even if not found in the source law for as long as it is geared bodies are authorized to “fill in the details” which Congress may not
towards public safety pwede. Just like COMELEC, kadumdum mu sa mga have the opportunity or competence to provide. This is effected by
resolutions before? Anything that equalizes opportunities for candidates, rich or promulgation of implementing rules known as supplementary
poor alike but not necessarily found in the language of the law but for as long as
geared towards the equalization of opportunities.
regulations.

Rationale: It is impracticable to anticipate multifarious and complex Memorandum Circular No 2 is one of such administrative regulation
situations during enforcement of the law guided by the mandate to protect the rights of overseas workers to fair
and equitable employment practices which is deemed a sufficient
Two tests to determine valid delegation of legislative power. standard.

Eastern v. POEA Atty Guji: So pwede, even if wala sa executive order, memorandum circular lang
Facts: An overseas worker was killed in an accident in Japan by virtue hatag ka ug burial expenses it has the force and effect of law.
of which his widow was awarded death benefits and burial expenses by
Again delegation? It is an actuation that congress cannot do it alone the courts
the POEA pursuant to EO No. 797 and MC No. 2. But the employer cannot do it alone. Let the administrative body do it because they are experts in
argued that the POEA has no jurisdiction, as it pertains to the SSS the field.
against the State Insurance Fund. EO 797 says that POEA governing
board shall promulgate the necessary rules and regulations to govern its At the end of this lecture you will realize that kaning quasi-legislative power of
exercise of adjudicatory functions pursuant to its mandate to protect the administrative agencies can be summarized in one liner, one phrase ‘subordinate
rights of overseas Filipino workers to fair and equitable employment legislation’ that’s it remember it by this doctrine.
practices.
Take note, it is very important, “the power of subordinate legislation” and
remember this key phrase, do not paraphrase. The standard says fair and
Atty Guji: Take note that it is only an EO and memorandum circular that provides
equitable employment practices. If you die in line of duty, logically, your
burial benefits. “Fair and equitable practices” is a sufficient standard.
beneficiaries should be entitled to some amount of compensation.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

The code-making authority is an unconstitutional delegation of When it is interpretative, it just guides the employees. There are regulations, laws,
legislative power. Thus, unconstitutional. and subordinate legislation that are hard to understand, so what we do is write
the said office to give us guidelines. It then issues an advisory for our guidance.
Shechter v. US It is interpretative in nature and is clearly an internal matter. If it is only for the
benefit of consumption of those inside the administration and does not involve the
Facts: The National Industrial Recovery Act authorizes the President to public, it does not need to be published.
“approve codes of fair competition” for the live poultry industry. It may
be approved upon the application by one or more trade or industrial Presidential Issuances
association if the President finds that: Basis: Ordinance power of the President.
1. The applicant imposes no inequitable restrictions on admission to Authority to issue executive orders, proclamations, administrative orders
membership and that is truly representative. and memorandum, circulars, general or special orders.
2. The code is not designed to promote monopolies or eliminate or
oppress small enterprises or will not discriminate. Atty Guji: Take note na ang president sa panahon ni Marcos, presidential decree
balaod gyud to kay gimerge man there was fusion of legislation and execution
Atty Guji: kani ang nahitabu diri was this. National Industrial recovery act it’s the panahon ni Marcos. Panahon ni Cory diba iya gisupplant ang 1973 consti declare
law then it says okay we authorize the president to approve codes of fair your government revolutionary. In which case she can issue executive order. Did
competition but what the president did was iya gidelegate ang delegated authority. you not realize that your family code is an executive order, Congress did not pass
Pwede man na siya, you can delegate a delegated authority provided duna pa kay that Cory did.
control.
So nganu kabuhat man ang President ana? Why can the president say okay today
Example: Congress tells me make a code, and then I also say Arjie make a code is holiday tomorrow is not ngnau man na? Because of the ordinance power of the
but ikaw na bahala that’s not valid. But when I say Arjie make a code submit it to president, naa siyay law making authority.
me for review that’s valid. Mau nay nahitabo.
Ordinance power of the president: Authority to executive orders, proclamations
administrative orders memorandum circulars general or special orders.
Thus, the birth of the Live Poultry Code.
Atty Guji: Even if the law-making power is vested exclusively with Congress, the
Issue: Valid delegation of legislative power? President can still issue executive orders that have the force and effect of law.
Basis is the Ordinance Power of the President.
Held: This is an unfettered discretion to make whatever laws the
President thinks may be needed or advisable for the rehabilitation and Effectivity of Implementing Rules and Regulations (IRR)
expansion of trade and industry. In approving the Code, the President (Penal or Non Penal)
may impose his own conditions, adding to or taking from what is being 1. Publication
proposed, as “in his discretion” he thinks necessary “to effectuate the 2. Filing with the UP Law Center
policy” declared in the law. Except: When the law dispenses with filing. However, it cannot
dispense with publication. Because it violates due process remember?
Atty Guji: Again kung binisay-un gani ninyu ang phrase na bahala na ka that’s Tanada v Tuvera publication cannot be dispensed you may shorten or
not valid. And take note pag-abut sa exam I’m not going to use the same words. lengthen the 15 day period but you cannot dispense all together.
Im going to use alternative words and again you might be lost in translation.
Nature of administrative rules and regulations
Take note, “in his discretion” and “as it may deemed fit”, that could be unbridled.
A. They have the force and effect of a law
B. Partake the nature of a statute
It likewise authorizes the President to create administrative agencies to
assist him. But their finding or recommendation in the making of the
Rule-making power of a public administrative agency
code is subject to the discretion of the President who may either accept,
It is a delegated legislative power
modify or reject them as he pleases. The authority relates to a host of
different trades and industries thereby extending presidential discretion
Test of validity of delegation of rule-making power
to all varieties of laws. It is a sweeping delegation of legislative power.
Aside from the general statement of rehabilitation, correction and
1. Completeness test – The law must be complete in itself
expansion, it has no standard for any trade, industry or activity. Instead
Atty Guji: Take note – Complete in itself. But it must not be super
of prescribing rules of conduct, it authorizes the making of codes to
complete that it precludes the specific details that only the
prescribe them. The code-making authority is an unconstitutional
administrative agency can identify.
delegation of legislative power

Atty Guji: In this case, it’s as if there is an abdication on the power to legislate 2. Sufficient standard test – The law must fix a standard where
on the part of Congress allowing the President to make the code. That is unbridled, the limits are sufficiently determinate or determinable. Meaning
therefore, there is no sufficient standard. Congress has been lazy in stating that verifiable quantifiable.
Mr. President knows better, that is not allowed.
Take note: In case of discrepancy between the statute and IRR, the
EFFECTIVITY OF PRESIDENTAL ISSUANCES, RULES, ETC. statute prevails.
EFFECTIVITY OF PRESIDENTIAL ISSUANCES, RULES, ETC. Remember liquor ban, the Omnibus election code is very specific that you can only
ban liquor on the eve of election and on the day meaning 2 days ragyud. But the
GR: Publication is required before they take effect . Of course in the MMDA under Tolentino before proposed to the COMELEC why can’t we make it 2
interest of due process. months towards election and so the COMELEC weighed it, it is too long.
XPN: Interpretative or internal in nature not concerning the general
So COMELEC thought okay 5 days towards election day, buhat sa COMELEC 5 days
public.
na of course nidagan sa Supreme Court si Tanduay San Miguel Beer.

Atty Guji: Pananglit, COMELEC election en bank issues a resolution then kami sa Supreme Court issued a TRO and said COMELEC cannot do that because the law
field we cannot understand how do we go about this what do we mean by this. So is very specific on the eve of election and election day it cannot expand the law.
we write COMELEC en bank for clarification then COMELEC en bank answers in the Even if you have the best of intentions.
form of letter of instruction to guide us. That merely interprets a regulation and
does not affect the general public for purposes of guiding the field officers so it
need not be published because it does not involve the general public. For internal Types of administrative rules and regulations
consumption lang, guidance. 1. Enforces the law – Implementing Rules and Regulations (IRR)

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2. Interprets the rule – Letter of Instruction (LOI) – Does not involve provisions of law they are intended to carry into effect. They cannot
the general public in which case publication is not necessary. widen its scope much less amend an act of Congress.
Atty Guji: LOI is only for the consumption of those inside the organization
for their guidelines. It need not be published because the public is not
Atty Guji: Is the employer correct that commissions don’t form part of the basic
salary as basis for the 13th month pay? Yes.
involved.
The Labor Secretary probably thought that anyway presumption is, you do
Test of validity of administrative rules and regulations something in favor of labor it is in favor of labor. An administrative agency cannot
1. Germane to the object of the law expand the definition of basic salary by adding commissions. But if employer gives
2. Conforms to standards prescribed by the law it as a matter of liberality, then it is alright.
3. Sole purpose of carrying into effect general provisions of the law If there is no doubt let the language of the law which is clear be implemented.

REQUISITES OF A VALID REGULATION Republic v. CA


REQUISITES OF A VALID REGULATION Facts: In 1985, the BIR assessed and demanded payment of tax
1. Authorized by law deficiency from a company which did not pay after it availed tax amnesty
2. Promulgated within the scope of authority under an EO. BIR insisted because the implementing memorandum
3. Promulgated in accordance with prescribed procedure limits tax amnesty to assessments made after EO took effect in 1986.
4. Reasonable and fair
5. Duly published Held: The executive order merely provided for a general statement
6. Filed with UP Law Center covering all tax liabilities from 1981-1985. It did not limit its applicability
as it is designed to be in the nature of a general grant of tax amnesty.
I cannot give you hard and fast rule how to answer the exam there are Administrative issuances to enforce the law must be in harmony with it,
a thousand and one ways to kill a cat ana man gyud na siya when you not modify or supplant it.
answer the exam it’s self expression so we cannot issue a hard and fast
Atty Guji: The EO does not limit until 1985. It merely identifies tax liability wage
rule that you should answer this way. We can only give tips and tips do
but it did not really say it cannot be applied outside. It must follow the law, not
not bind you. Expression man na lain lain ug style ang taw. modify.

Authorized by Law. People v. Maceren


Tayug Rural Bank v. Central Bank Facts: the Fisheries Law prohibits “the use of any poisonous or
Facts: Central Bank imposed 10% penalty on past overdue loans of rural obnoxious substance” in fishing. But the administrative order prohibited
banks. But the law does not authorize it thru the Monetary Board to add and penalized electro fishing. The trial court quashed the information on
penalty for past due accounts. the ground that no law was violated since electro fishing is not a
poisonous or obnoxious substance contemplated by law.
Atty Guji: Central Bank what’s that? Administrative body and here’s the law that
is silent about penalty for past due accounts but here the Central bank through Atty Guji: Fisheries law niana ra siya na poisonous or obnoxious pero ang
the monetary board says na if past due na gani 10 percent. Is that valid? administrative law it went further it penalizes electro fishing.

Held: when an administrative agency promulgates rules, it must be in Held: The Fisheries Law does not expressly criminalize electro fishing
pursuance of the procedure or authority conferred by law. When this is hence the administrative order cannot penalize it. The administrative
complied, it partakes the nature of a statute, and its compliance may be agency cannot transcend the bounds demarcated by statute to exercise
enforced by a penal sanction provided by law. Hence, an administrative that power
agency cannot impose a penalty not provided by law, much less one
that applies retroactively. Atty Guji: Source law says it prohibits the use of any poisonous or obnoxious
substance but an administrative order somehow expanded it by penalizing
Atty Guji: Take note ha, penal sanction provided by law. Meaning if the law is electro fishing. If it is about penalty the attitude of the SC is to strike it down as
silent you cannot provide a penal sanction. Hence an administrative agency cannot unconstitutional. Because if you provide penalty that is somehow in the
impose a penalty not provided by law much less one that applies retroactively. In competency of Congress.
other words bottomline there is the spring cannot rise above its source.
How do you compare that with katung burial benefits na ihatag sa POEA it was
The trend or the attitude of the SC is that, when you are an administrative agency, not in the form of pnelaty that was assistance even if not found in the law pwede.
you can promulgate, you can implement rules and regulations. However, if you But here it’s not assistance it was penalty, it criminalizes that’s why there is no
start to provide for penalty, the presumption is that it is invalid because it is not basis in the law. It expands the law.
to be exercised by the administrative agency. They cannot penalize.
Echegaray v. Justice Secretary
But is a case to case basis. Sometimes the SC allowed but sometimes it does not. Facts: A dead man walking challenged the constitutionality of the death
But once it involves penalty, the presumption is it’s an invalid delegation.
penalty law for being cruel and inhuman, arbitrary and unreasonable,
undue delegation of legislative power and unlawful delegation of
Promulgated within the scope of authority.
delegated powers by the Justice Secretary to the Bureau of Corrections
Boie-Takeda v Dela Serna, Philippine Fuji Xerox v Trajano Director.
Facts: Sales Commissions of medical representatives were ordered
included in the computation of 13th month pay. But the employer refused Contention of the dead man walking:
to pay because commissions do not form part of the basic salary as basis The death penalty is cruel and inhuman because it fails to provide drugs,
of the 13th month pay. PD 851 says the 13th month pay is based on basic dosage and procedure to be used for lethal injection. The implementing
salary which should be defined in its common and generally accepted rules are uncertain as to the date of execution, time of notification and
meaning. A rate of pay for standard work period exclusive of such the court which will fix the date of execution.
additional payments as bonuses and overtime. But the Labor Secretary
revised the guidelines on the implementation for the 13 th month pay law. Atty Guji: Echegaray claims that it is inhuman and that it prolongs his agony for
he doesn’t know when he will die. He was the only guy convicted when the death
penalty law was resurrected.
Held: The inclusion of commission in the computation of the 13th month
pay unduly expands the concept of basic salary defined in the 13 th month
Held: The death penalty law says the court which designates the date
pay law. Implementing rules cannot add or detract from the provisions
of execution is the trial court which convicted him. The implementing
of law it is designed to implement. It must be in harmony with the
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rules, when read in conjunction with the law, says the death sentence charge of the administration of the correctional system. But the
is carried out not earlier that 1 year nor later than 18 months from the execution procedure that empowers the Director to prepare the manual
time the death penalty became final and executory, subject to executive to detail procedure prior to, during and after administering the lethal
clemency. injection is invalid.

Atty Guji: SC said there is actually a date but it is a range and not a specific date. Atty Guji: So pwede nimu ipasa, however the qualification here is imu gipasa
This is to afford the President a chance to grant executive clemency. The case was provided again that you retain the power of review imu icontrol if you don’t like
that Echegaray raped his daughter but he never admitted until his death. what they did pwede nimu ilisan.

Contention of the dead man walking: There is undue delegation of No undue delegation from Justice Sec to Prisons Dir. AO 1987 states
legislative power because the power delegated to the Justice Secretary that Bureau of Corrections is a mere constituent unit of the Department
to promulgate rules and regulations on the subject of lethal injection of Justice.
was likewise delegated to the Prisons Director.
Atty Guji: It was not delegated at all because in the 1st place they belong to one
Atty Guji: The issue here is that the delegation is given to the Justice Secretary DOJ. But something is wrong there the execution procedure from manual to detail
but the latter himself delegated the power to the Prison Director. procedure prior to, during and after administering the lethal injection is invalid.
They are pin pointing each other as to who is at fault.
Held: The rule is that what has been delegated cannot be delegated or
potestas delegate non delegari potest. It virtually abrogates the Power of Justice Secretary to promulgate the
manual to the Prisons Director. It does not provide for a mode of review
Exceptions. and approval by the Justice Secretary who is the rule-making authority
1. Delegations of tariff powers to the president under Section 28(2) identified by the death penalty law and the administrative superior who
Article VI, 1987 Constitution should stamp imprimatur of a manual prepared by a constituent unit.
2. Delegation of emergency powers to the president under Section
23(2) Article VI, 1987 Constitution The suspension of execution of death sentence under the implementing
3. Delegation to the people at large (This refers to people’s initiative. rules is likewise invalid. The Revised Penal Code suspends the death
We can propose law) penalty while a woman is pregnant or within 1 year after delivery. But
4. Delegation to local governments. It talks about local legislations. the implementing rules suspends the death penalty while a woman is
5. Delegation to administrative bodies. pregnant or within 3 years following the date of sentence. Since the 3-
6. Empowering the Justice Secretary in conjunction with the Health year reprieve does not find support in the Revised Penal Code, it
Secretary and the Prisons Director to promulgate rules and expands the death penalty law.
regulations on the subject of lethal injection is a form of delegation
Atty Guji: When should the death sentence be executed? RPC provides that it
of legislative authority to administrative bodies. has to be suspended if the woman is pregnant or within one year after delivery.
But the IRR says 3 years following the date of sentence. It is not in the source law
It is subject to the following Requisites: (RPC). So SC found it invalid because it somehow expanded the law which is not
allowed.
1. It must be complete in itself – it must set forth the policy to
be executed, carried out or implemented by the delegate These two provisions being invalid, respondents are enjoined from
2. It must fix a standard – the limits sufficiently determinate or enforcing the death penalty law until the implementing rules and
determinable, to which the delegate must conform in the regulations are appropriately amended revised or corrected according to
performance of his functions. this section.

Considering the scope and definiteness of the death penalty law, it Duly Published.
sufficiently describes what is the job to be done, who is to do it and
Republic v. Medina
what is the scope of authority. It is executed under authority of the
Facts: The PSC approved the application of Meralco for rates adjustment
Prisons Director who shall take steps to ensure the administration of
which was challenged for lack of notice of hearing. The Public Service
lethal injection causes instantaneous death by personnel trained prior to
Act grants it discretion to approve rates proposed by public services
the performance of such task. Requiring detail greater than that does
provisionally without need of hearing. But it appears that the notice of
not serve any useful purpose. A delegated legislative power is proper
hearing was published in 2 newspapers for 10 days but the hearing
even if the standard appears general provided it is capable of reasonable
started ahead on the 6th day and the rates were approved on the 11 th
application.
day.
Requiring detail greater than that does not serve any useful purpose.
TN: There must be notice of hearing for 10 days.
Atty Guji: What does this mean? It means that source law complete only in so
far as general statement is concerned. Incomplete in so far as detail. But you Held: If the PSC is empowered to approve provisional rates even
cannot be too detailed. without a hearing, a fortiori (with more reason) it may act on such
rates upon a 6-day notice.
There is a law and it is complete already but lacks the necessary specifics that is
why there is subordinate legislation. But if you are too specific rather than the Atty Guji: You may not be allowed to dispense with the publication of the notice
ordinary specific, that is not necessary. of hearing but you can shorten that. There is already substantial compliance just
like in Tanada v. Tuvera.
A delegated legislative power is proper even if the standard appears
general provided it is capable of reasonable application. Phil Consumers Foundation v. Education Secretary
Facts: the Department of Education, Culture and Sports issued a
Atty Guji: Sufficient standards such as public interest, public safety, equitable Department Order authorizing 15-20% increase in school fees. This was
practices etc., they are general but are capable of reasonable application so they challenged as unconstitutional on the grounds of lack of legal basis and
are reasonable standard. violation of due process.
There is no undue delegation of legislative power from the Justice Atty Guji: This was challenged as unconstitutional. What was the challenge? Ang
Secretary to the Prisons Director for the simple reason that under the authority man gud sa DEPED was to regulate so regulate raman kaha why are you
Administrative Code of 1987, the Bureau of Corrections is a mere authorizing increase? Increase is not part and parcel of regulation.
constituent unit of the Department of Justice. The DOJ is tasked to take
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Contention: Lack of legal basis because the authority to regulate school


fess does not always include the power to increase them

Held: The Education Act of 1982 vests the DECS with the power to
promulgate rules regulating the educational system of the country. It is
also charged with rule-making authority to promulgate the necessary
rules and regulations. The authority to prescribe school fees may not
have been expressly granted to it. But in the absence of a law stating
otherwise, this power includes the power to increase school fees. Since
no other government agency is vested with power to prescribe school
fees, it defaults to the Department of Education, Culture and Sports.

Atty Guji: Again doctrine of necessary implication, wala siyay gispecify na


increase but when you regulate it actually includes authorizing increase. Because
if it’s not the DEPED that authorizes increase who else? So dapat DEPED gyud by
virtue of the Doctrine of Necessary implication

DECS has the power to prescribe school fees and now it increases. Is increasing
the fees included in the power to prescribe? The contention there was that the
power must be somewhere else, not expressly stipulated under the law. But the
question is, if it is not DECS, who will? So, there’s no one else but DECS.

Contention: Lack of due process because the Department Order was


issued without notice and hearing to the parents and students.

Held: The power to prescribe fees is either quasi-legislative or quasi-


judicial. Remedies differ depending if quasi-legslative or quasi-judicial.

Take note of the difference: It is quasi-legislative when the rules are


meant to apply to all enterprises of a given kind throughout the
country. If you implement IRR as such quasi na siya.

As such, prior notice and hearing to affected parties is not a


requirement of due process. (It is for everybody in so far as the
prescription of school fees)

You cannot invoke that but of course publication is still necessary but
here we’re talking about notice of hearing to affected parties.

It is quasi-judicial when the rules apply exclusively to a particular party,


based upon a finding of fact. As such, prior notice and hearing are
essential to the validity of the rules. (This case is quasi-legislative
because it is not intended for a particular person) Meaning there is
adversarial proceedings.

Bottomline: Quasi legislative doctrine of subordinate legislation and the


tests are sufficiency test and completeness test.

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PART III - QUASI-JUDICIAL POWER Atty Guji: So if you have a problem with the service given to you by a
DEFINITION telecommunications company at that time, the remedy is not to file that with the
PSC but with the regular courts. Jurisdiction is expressly granted or necessarily
implied by law. We are again haunted here by the doctrine of necessary implication
QUASI-JUDICIAL POWER and inferences.
The power to hear and determine questions of fact to which the
legislative policy is to apply and to decide in accordance with the Due Process.
standards to enforce and administer the law.
Utto v. Comelec
Atty Guji: This is just a reiteration of the Quasi-Judicial Powers. Remember Facts: The Comelec en banc voided the proclamation of the mayor who
Comelec has Quasi-Judicial powers. In Admin law, we have to just magnify some argued his right to due process was denied because the twin-notice
concepts. Quasi-means semi “mura-mura”. Quasi-Judicial, you are like a judge but requirement of prior notice and hearing was not observed.
not actually a judge.
Held: Even if it was not observed, the twin-notice requirement does not
Acts in the exercise of quasi-judicial power, enumerated. apply if the proclamation was void ab initio. In administrative
The incidents of quasi-judicial power proceedings, due process simply means an opportunity to be heard and
to reconsider or to explain, either written or verbal.
It is required to:
1. Investigate and ascertain the existence of Facts, hold hearings, This rule applies a fortiori if the respondent chose not to avail of the
weigh evidence opportunity to answer charges because of the belief that the disciplining
authority is without jurisdiction.
2. Draw conclusions from them as basis of their official function
and exercise discretion in a judicial nature. It determines Facts Atty Guji: Administrative proceedings are summary in nature. Those procedural
then applies the law on the given set of Facts. due process elements or steps enunciated in “Ang Tibay” case, that does not
necessarily hold true for all cases because today what we are saying is, for as long
3. Limitation: But an administrative body cannot assume as there is an opportunity to be heard, give it to the respondent, that would be
jurisdiction over a case pending in the regular courts. enough.
Atty Guji: You cannot encroach, if it is pending in the regular courts, wait
for the pending case to be dismissed. Also, wait for the party to file it with There is already substantial compliance insofar as substantial procedural due
you. process is concerned. You cannot invoke “I have the right to counsel”, “I have the
right to cross-examine witnesses”. As long as you were given an opportunity to
Even if it was filed with the judicial courts but it turns out that it is the present your side, that would be enough.
wrong venue, the administrative agencies cannot just take it away from
the courts unless the courts themselves dismisses it for lack of jurisdiction
When we say “a fortiori” it means that with more reason. In this case, he thinks
or the higher court says “you have no jurisdiction”. Once it is dismissed,
that the authority has no jurisdiction so he snubbed altogether and did not appear.
that is already the time that the case can be filed in the administrative
Normally, if you know that there is no jurisdiction, you file a motion to dismiss or
agency. But the administrative agency cannot just encroach or tell the court
reserve the question of jurisdiction.
that “you have no jurisdiction, give it to us.” It cannot be done.
Quasi- judicial courts are supposed be passive. Except when you talk about Garcia v. Pajaro
the Ombudsman because it is supposed to be active.
Facts: An administrative case was filed by the treasurer against the
4. Administrative agencies are neither part of the judicial system revenue collector who refused to attend the scheduled hearings despite
nor are they deemed judicial tribunals. notice because he believes it is the mayor who has authority to discipline
5. Even if it performs quasi-judicial functions, it does not depart him.
from its basic nature as an administrative agency.
Held: When a party refuses to answer the charges against him, he
Atty Guji: This is because it is just one of the many functions of an
cannot invoke denial of due process. The refusal to attend the scheduled
administrative agency
hearings, despite notice, is at his own peril.
United Residents of Dominican Hills v CLSP
They remain with the executive branch. As such, they cannot impose Atty Guji: Because he thinks that there was no jurisdiction, thus he did not attend.
The proper way should have been to attend, and then question jurisdiction.
their judgment upon the judiciary.
If you question jurisdiction: appear and then question jurisdiction. Do not snob it
REQUIREMENTS FOR A VALID EXERCISE OF JURISDICTION altogether, otherwise, it is deemed a waiver

REQUIREMENTS FOR A VALID EXERCISE


Rivera v. CSC
1. Jurisdiction
Facts: The Merit System Protection Board (MSPB) ruled on the motion
2. Due process
for reconsideration filed by the manager who was found guilty of grave
misconduct and acts prejudicial to the best interest of the service by the
Jurisdiction.
LBP. It was appealed to the CSC which sustained the original decision
The power to hear and decide a case.
of the LBP.
Globe Wireless Ltd. v. Public Service Commission
Facts: An international telecommunications company operates a The manager argued he was denied due process because the MSPB
franchise granted by law which failed to deliver a message abroad. A Chair (Mr. X) that ruled on the motion for reconsidered is now the CSC
case was filed before the PSC which found it liable for unsatisfactory Commissioner who ruled on the appeal.
service.
Held: The reviewing officer must be other than the officer whose
Held: The law authorizing franchise limited the jurisdiction of the PSC decision is under review else there could be no different view.
“only with respect to the rates” charged to the public and it does not
include acts of negligence. Atty Guji: At the first level, X ruled on his motion for reconsideration but X was
promoted to the appealing authority. Thus, when the case was raised for appeal,
it resulted to a situation where the person who ruled it in the lower level is to
The jurisdiction of administrative agencies is limited to those expressly review his own findings in the appellate level.
granted or necessarily implied by law.
This is very unprocedural as it violates due process for you to review your own
findings. This applies even if you were part of a collegial body because still, you
were part of that collective decision. This would defeat the purpose of review.
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So out of propriety, the most that you can do is inhibit. Held: It constitutes defiance, disobedience or resistance of a lawful
Unless if it is a motion for reconsideration, it can be filed in the same tribunal process, order or command of the Ombudsman thus making her liable
because it is not really a review, it is for reconsideration of their view. for indirect contempt.
RELATED POWERS Atty Guji: The Ombudsman deputized the prosecutor to file a case for rape, the
prosecutor on the other hand, decided that the case was not of rape so she filed
RELATED POWERS a case for acts of lasciviousness instead.
Powers could either be express or implied, but we also have the Related
Powers. One of the defenses is that the Ombudsman cannot cite her in contempt since
they don’t have jurisdiction over her. Ombudsman said, since you were deputized,
1. Power to promulgate rules of procedure
you are under our direct control and supervision thus you cannot deviate from our
2. Subpoena power order.
3. Contempt power
Her actions constituted defiance of the superior order thus the Ombudsman
Power to promulgate rules of procedure. proceeded and cited her in contempt.

Provident Tree Farm v. Batario


QUANTUM OF PROOF
Facts: The BOC banned the importation of wood, wood products or
wood-derived products. But its jurisdiction was challenged because the QUANTUM OF PROOF
Tariff & Customs Code does not outline the enforcement of the import
Atty Guji: We already talked about the different levels of quantum of
ban.
proof. Remember, the highest level is overwhelming evidence.
Held: The absence of rules of procedure does not diminish jurisdiction Lamyera v. Pangilinan
over the subject matter. Where the law does not require any particular Facts: A janitor was dismissed from service by the mayor due to absence
rule of procedure to be followed by an administrative agency, it may without leave on the strength of the certification by a personnel officer
adopt any reasonable method to carry out its function. that the janitor did not report for work one month. This was affirmed by
the CSC.
Atty Guji: Apply here the doctrine of necessary implication. There is no clear basis
in the law for you to promulgate rules and procedure. The law is silent. If the law Held: While findings of fact of administrative agency must be respected,
is silent, you cannot be crippled by the mere silence of the law.
it must be supported by substantial evidence. Certification of the
How do we carry out our functions? Just use a reasonable method. For other personnel officer does not amount to substantial evidence, especially
government agencies, they actually adopt the rules of procedure of other agencies against the allegations that the janitor was prevented from signing the
or they can also adopt, by suppletory character, the Rules of Court. So if the rules log book, replaced by another and forced to resign.
are silent, a reasonable method can be used to carry out its function.
Atty Guji: Bottom line here, the janitor was oppressed. There was conspiracy
Subpoena and contempt powers must be granted by law. between the mayor and the personnel officer. The janitor wanted to work but he
was prevented to work. He cannot login or logout so exactly he did not have any
Carmelo v. Ramos evidence for attendance of work. Substantial evidence should be considered in a
Facts: The mayor created a committee to investigate anomalies in case to case basis but in this case the SC said that there is no substantial evidence.
licensing. The committee subpoenaed a private citizen to appear before It is grave oppression.
it but he refused hence a case for contumacy was filed before the trial
court. And when it is supported by substantial evidence, even if not
overwhelming or preponderant, it must be respected, except
Held: Subpoena and contempt powers must be granted by law. when there is grave abuse of discretion, fraud or error of law.
Whatever power claimed by the committee comes from the power of
the mayor to investigate as implied from the power to suspend or ERB v. CA
remove employees. There is no statutory grant of power to investigate. Facts: The ERB approved the application for a gasoline retail outlet in a
trading area but it was reversed by the Court of Appeals because it
Atty Guji: It was just the mayor doing the extra mile by creating a committee to results in ruinous competition and its feasibility study is already stale.
investigate anomalies. The person then did not appear after being summoned.
Held: The power to determine whether a gasoline station benefits the
Is that contumacious?
No, it isn’t because the LGUs (mayors, even provincial boards) do not have the
oil industry and public interest lies with the ERB and not the appellate
power to cite you for contumacy because there is no such grant under the law. court.

So can they issue a subpoena? Atty Guji: The ERB has the specialized expertise insofar as the grant of gasoline
Yes but it is without legal force or compulsion. So what it really is is an invitation. station franchise is concerned. If it is about safety and public convenience, the
agency that is in the best position to determine that is the ERB and not the CA,
Can you refuse? except if there is grave abuse of discretion.
Yes.
Substantial evidence, defined.
Is there a consequence?
No because this is a mere invitation. You can snob that. Rubberworld v. NLRC
Facts: An employee was dismissed due to stock cards discrepancies. But
Hence, the Ombudsman has contempt power because Section the employee filed a case for unfair labor practice because the dismissal
15(g) of the Ombudsman Act gives it the power to “punish for is a mere result of his refusal to disaffiliate from the union.
contempt, in accordance with the Rules of Court and under the
same procedure and the same penalties provided therein.” Held: Unfair labor practice was belied by the fact the employee pursued
the case alone where normally he is supported by the union. There is
Lastimosa v. Vasquez
likewise no proof of affiliation, much less the existence of the union.
Facts: The ombudsman ordered a prosecutor to show cause why she
There is no substantial evidence which is defined as such relevant
should not be punished for contempt after filing a case for acts of
evidence as a reasonable mind might accept as adequate to support a
lasciviousness, instead of attempted rape.
conclusion.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

Atty Guji: Unfair labor practice can only be forwarded if there is a union. There Atty Guji: You have to make a distinction.
is no union in the first place. It must be within reason for you to assume that that If penalty is public censure or reprimand, suspension of not more than one month’s
is adequate to support you conclusion. salary ― final (unappealable) and executory
If penalty is higher ― not final (still appeallable) but immediately executory
ENFORCEMENT AND EXECUTION
Suspension for one year without pay is not enumerated as immediately
ENFORCEMENT AND EXECUTION final and unappealable. That an appeal prevents finality and execution
depends on whether the law expressly says so.
Lapid v. CA
Facts: A governor was suspended by the Ombudsman for 1 year after Since the governor was charged before the Ombudsman, the
he was found guilty of conspiracy with other officials for illegal quarrying Ombudsman Act applies.
and collecting fees without the benefit of an ordinance. If before the Office of the President, the LGC applies.
If before the CSC, the Administrative Code applies.
The governor filed a petition for review before the Court of Appeals and
prayed for injunctive relief but it did not act on it. Thus, the governor Caveat: Administrative Order No. 17 dated September 15, 2003
went to the SC which likewise did not grant the injunctive relief and amending Section 7, Rule III of the Rules of Procedure of the Office of
instead required parties to comment. On the same day, the CA acted the Ombudsman says the decision is final, executory and unappealable
and denied it. Thus, the DILG enforced the decision. where the respondent is:
1. Absolved of the charge
Issue: Whether the one-year suspension is immediately executory?
2. Convicted where penalty is:
a. Public censure or reprimand
Held: It depends. If the law creating the administrative agency states
b. Suspension of not more than one month
that its orders or decisions are immediately final and executory, an
c. Or a fine equivalent to one month salary
appeal does not stay its execution.
In all other cases, the decision may be appealed to the CA under Rule
Whereas the Administrative Code of 1987 says:
43. But such “appeal shall not stop the decision from being executory.
“An appeal shall not stop the decision from being executory, and in case
In case the penalty is suspension or removal and the respondent wins
the penalty is suspension or removal, the respondent shall be considered
such appeal, he shall be considered as having been under preventive
as having been under preventive suspension during the pendency of the
suspension and shall be paid the salary and such other emoluments that
appeal in the event he wins an appeal.”
he did not receive by reason of the suspension or removal.”
Sec. 68 of the LGC says: “An appeal shall not prevent a decision from
Atty Guji: The only way that a decision is prevented from being executory is when
being final and executory. The respondent shall be considered as having there is a restraining order.
been placed under preventive suspension during the pendency of the
appeal in the event he wins such appeal. In the event the appeal results
The Ombudsman rules of procedure are procedural in nature
in his exoneration, he shall be paid his salary and such other
thus may be applied retroactively to cases pending and
emoluments during the pendency of the appeal.
unresolved at the time of passage.
Atty Guji: GR: When you say preventive suspension, the rule that “there is no
Villasenor v. Ombudsman
pay for no work” applies.
XPN: What we are talking here about is appeal and it says here that if you are Facts: Two electrical inspectors were dismissed and suspended for one
later on exonerated, consider the period when you were placed under prevention. year by the Ombudsman for violation of code of conduct and ethical
standards for public officials and employees for negligence resulting in
Why are we saying here that you are entitled to salary in case of a hotel fire that killed 74 persons.
exoneration? Because in exoneration, you are not intended to be placed under
preventive suspension (you were actually dismissed already pursuant to the Despite their appeal form their suspension and dismissal, the
executed ruling of the lower court) but you were considered to have been placed
ombudsman enforced the decision.
under preventive suspension.

So in case you’re exonerated, you are innocent of the charge, you are entitled to But they argued that the AO that amended the rule does not apply to
salary. But if it is purely preventive suspension, you are not entitled to salary. them because it took effect 3 months after the decision was issued and
3 years after it was enforced. Hence, it cannot be applied retroactively.
But Section 27 of the Ombudsman Act says:
“Any order, directive or decision imposing the penalty of public censure HELD: While Art. 4 of the Civil Code provides that laws shall not have
or reprimand, suspension of not more than one month’s salary shall be retroactive effect, it does not apply to rules of procedure of the courts.
final and unappealable. Being retroactive in nature, they apply to actions pending and
unresolved at the time of their passage.
In all administrative disciplinary cases, orders, directives or decisions of
the Office of the Ombudsman may be appealed to the Supreme court As a general rule, no vested right attaches or arises from procedural
by filing a petition for certiorari within ten (10) days from receipt of the laws and rules, hence retroactive application does not violate any right.
written notice of the order, directive or decision or denial of the motion The Ombudsman rules of procedure are procedural in nature thus may
for reconsideration in accordance with Rule 45 of the Rules of Court be applied retroactively to cases pending and unresolved at the time of
passage.
The Rules of Procedure of the Ombudsman likewise says:
“In case of conviction where the penalty imposed is public censure or There is no such thing as vested interest in an office or even an absolute
reprimand, suspension of not more than one month, or a fine equivalent right to hold it. No one has vested right in an office except constitutional
to one month salary, the decision shall be final and unappealable.” offices which provide for special immunity as regards tenure and salary.

In all other cases, the decision shall become final after the expiration of
ten (10) days from receipt thereof by the respondent x xx”.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

DOCTRINE OF PRIMARY JURISDICTION OR PRIOR RESORT Garcia v. Court of Appeals


Facts: A complaint was filed against an administrator of the Philippine
DOCTRINE OF PRIMARY JURISDICTION OR PRIOR RESORT Coconut Authority (PCA) for alleged irregularities. The PCA Governing
Board created an Investigation Committee which recommended
PSUMW v Samar Mining. Cited in Abejo v dela Cruz administrative charges against and preventively suspending the
Under the sense-making and expeditious doctrine of primary administrator.
jurisdiction, the courts cannot or will not determine a controversy
involving a question which is within the jurisdiction of an administrative But the administrator filed several motions and pleadings that unduly
tribunal where the question demands exercise of sound discretion delayed the case hence the Investigation Committee ruled that the delay
requiring the special knowledge, experience and services of the be not counted in the period of preventive suspension.
administrative tribunal to determine technical and intricate He went to court for injunctive relief.
matters of fact, and a uniformity of ruling is essential to comply with
the purposes of the regulatory statute administered. Held: The immediate recourse to the court is premature and precipitate
(rushed). Apart from the fact that the investigation was still ongoing,
Atty Guji: If it is about the expertise of an administrative body, it is the there is still an administrative remedy from the decision of the PCA
administrative body that has primary jurisdiction. Governing Board, that is, an appeal to the CSC.
If the case was filed before the regular court for example, and seemingly the
regular court has no jurisdiction because the issue pertains to an administrative Under the doctrine of exhaustion of administrative remedies, direct
agency because it is under their expertise, it does not necessarily follow that it is recourse to court does not prosper until after all administrative remedies
transferred right away to that administrative agency. You may file a motion to are first exhausted. The remedy is not to halt the proceedings but to
dismiss the case for lack of jurisdiction. If it is dismissed then probably your take part, assert and vindicate the rights in administrative proceedings
opponent can transfer the case to the administrative agency. Again, administrative
agencies must be passive. Atty Guji: It could also be a ground for dismissal because of prematurity. You
have to exhaust all available administrative remedies before going to court. The
When you think about it, it actually is a remedy available in favor of the regular reason there is to screen filing of cases before the court because of clogged court
courts so when the regular court says they have no jurisdiction, because the dockets.
Doctrine of Primary Jurisdiction pertains to a specialized administrative agency, it
can dismiss it right away, on its own for lack of jurisdiction. Under the doctrine of exhaustion of administrative remedies, direct
recourse to court does not prosper until after all administrative
Thus, jurisdiction over unsound real estate practices pertains remedies are first exhausted.
to the National Housing Authority, and not the courts, the
former having been granted regulatory authority with quasi- Atty Guji: This is actually a live defense against the clogging of the court dockets.
Why do we have the administrative agencies? To declog the court dockets. Usa ka
judicial functions.
kalusot.

Antipolo Realty v. NHA So if specialized cases gane na ----- Administrative agencies.


Facts: A buyer of a subdivision unit stopped paying after the developer So in other words, if still you have a remedy available before you reach the
failed to beautify the subdivision per contract to sell. After the buyer administrative agencies, imoha gyud ng gamiton. You have to exhaust that
refused to pay, the developer rescinded the contract to sell but it was before going to court.
reinstated by the NHA which jurisdiction is now assailed by the
The remedy is not to halt the proceedings but to take part, assert
developer.
and vindicate the rights in administrative proceedings.
Atty Guji: Except of course, the following exceptions:
Held: NHA is vested by statute exclusive jurisdiction over certain
disputes falling within its special expertise. EXCEPTIONS TO DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
But the doctrine of primary jurisdiction does not necessarily divest the
court from jurisdiction. It merely suspends the proceedings pending 1. Due process is violated
referral to the administrative body. 2. Issue involves pure question of law
3. Administrative action is patently illegal amounting to lack or
Where a claim is originally cognizable in the courts and comes into play excess of jurisdiction
whenever enforcement of a claim requires the resolution of issues which 4. Estoppel on the part of the administrative agency concerned
under a regulatory scheme have been placed within the special 5. There is irreparable injury
competence of an administrative body. In such case the judicial process 6. Respondent is a department secretary whose acts, as an alter ego
is suspended pending referral to the administrative body. of the president, bears implied and assumed approval of the latter
Atty Guji: Kay if you are a department secretary, you are the alter ego of
Atty Guji: It depends – sometimes the court will dismiss, sometimes the court the President. So you are more or less, co-equal of the President. If you
does not. Here, it actually means that it can be referred to commissioners. There are more or less, co-equal to the President, wala na’y laing taas. Where do
are questions there that cannot be resolved by the court on the simple basis that you go after that? So you go to court.
the court has no expertise. For example, court appoints a commissioner for land
disputes.
7. Exhaustion is unreasonable
8. Exhaustion amounts to nullification of claim
In the Doctrine of Primary Jurisdiction, it is not a hard and fast rule. It
9. Subject matter is a private land in land case proceeding
could either be:
10. The rule does not provide a plain, speedy and adequate remedy
1. The court dismisses due to lack of jurisdiction; or
11. There are circumstances indicating the urgency of judicial
2. Suspends the proceedings and refer the matter to the
intervention.
commissioners
Atty Guji: Again, if there’s “urgency”, it might result to irreparable
damage, you can go directly to court. However, what is very important is
EXHAUSTION OF ADMINISTRTIVE REMEDIES you must allege the urgency.
Otherwise, it will be dismissed.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
Under the doctrine of exhaustion of administrative remedies, direct Dismissed jud na if wala ka ni-justify why you did not resort to other
recourse to court does not prosper until after all administrative remedies administrative remedies. Justify why in fact it shows.
are first exhausted.

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ADMINISTRATIVE LAW | Atty. Ferdinand Gujilde | Notes by EH407 2015-16 | Updated by EH407 2016-17

12. When strong public interest is involved


13. In quo warranto proceedings
14. When the claim involved is small

When is there strong public interest?


Buklod ng Kawani ng EIIB v. Zamora
When it involves question relating to the status and existence of a public
office, it must be settled without delay.

Dario v. Mison
When it involves question relating to validity of reorganization, its
serious implications in the administration of civil service and rights of
public servants, which resolution is needed for stability in public service.

Atty Guji: Public Interest is not exactly defined under the law and jurisprudence
so it is case to case basis. Public interest involves the common good.

Take note that the key phrase “public interest” is vague. So it’s a case to case
basis. You have to establish and convince the court that the case involves strong
public interest. Take note, not only “public interest” but qualified by “strong”
public interest.

When is there pure question of law?


When doubt or differences arise as to what the law is on certain state
of facts. What is the law applicable to the set of facts.

Atty Guji: In other words, there is no more argument in so far as the facts are
concerned.

“But what is the law applicable?” If that is the question, that is now the remedy
of pure question of law. But if maglalis pa gane mo sa facts, then that is not pure
question of law.

When is there question of fact?


There is question of fact when the doubt or differences arise as to the
truth or falsity of the alleged facts. Here, there is still a debate as to the
facts.

Castro v. Gloria
Facts: A public school teacher was dismissed for disgraceful and immoral
conduct. But he argues it warrants suspension only for first time
offenders

HELD: When the issue asks what the applicable law is, it is a pure
question of law. As such, it is an exception to the doctrine of exhaustion
of administrative remedies.

Atty Guji: In this case, he is not actually questioning the findings of facts. He is
actually trying to say that he is a first time offender and therefore only merits
suspension, not dismissal. That is a question of law. We are now trying to discern
what penalty is applicable for established set of facts. Take note about this ha.
This is very important.

The challenge here is how to decipher whether or not it invokes


questions of fact or questions of law.

FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES, EFFECTS


1. It renders the action premature, meaning the claimed cause of
action is not ripe for judicial determination hence there is no cause
of action to ventilate in court.
Atty Guji: In which case, the court will outrightly dismiss that. Moto proprio
the court can dismiss for failure to resort to administrative remedies. But
sometimes, the court may play safe and wait for the other party to bring that
up as an affirmative defense or motion to dismiss

2. Results in lack of cause of action.


3. It results in dismissal for failure to comply with a condition
precedent. ( Sec. 1, Rule 16, Revised Rules of Court)

Atty Guji: Bottomline here is that, the very purpose by which you establish
resorting to administrative remedies is to help declog the court dockets. And if you
cut short the administrative remedies available to you, the court will refuse, it will
dismiss the case.

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