Application of the Doctrine of Res Judicata

Res judicata refers to the rule that a final judgment or decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and
matters determined in the former suit
The elements of res judicata are as follows: (1) the former judgment or order must be final; (2) the
judgment or order must be on the merits; (3) it must have been rendered by a court having
jurisdiction over the subject matter and the parties; (4) there must be, between the first and the
second action, identity of parties, of subject matter and cause of action
For res judicata to apply, all the above essential requisites must exist.

Administrative Appeal and review

Under EO 292 chapter 4

SECTION 19. Appeal.—unless otherwise provided by law or executive order, an appeal

from a final decision of the agency may be taken to the Department head.

SECTION 20. Perfection of Administrative Appeals.—(1) Administrative appeals under

this Chapter shall be perfected within fifteen (15) days after receipt of a copy of the
decision complained of by the party adversely affected, by filing with the agency which
adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party
and the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his
appeal during the remainder of the period for appeal, reckoned from receipt of the
resolution of denial. If the decision is reversed on reconsideration, the aggrieved party
shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect
his appeal.

(3) The agency shall, upon perfection of the appeal, transmit the records of the case to
the appellate agency.

sECTION 25. Judicial Review.—(1) Agency decisions shall be subject to judicial review
in accordance with this chapter and applicable laws.

(2) Any party aggrieved or adversely affected by an agency decision may seek judicial
review.

(3) The action for judicial review may be brought against the agency, or its officers, and
all indispensable and necessary parties as defined in the Rules of Court.

(4) Appeal from an agency decision shall be perfected by filing with the agency within
fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the reviewing
court a petition for review of the order. Copies of the petition shall be served upon the
agency and all parties of record. The petition shall contain a concise statement of the
issues involved and the grounds relied upon for the review, and shall be accompanied
with a true copy of the order appealed from, together with copies of such material portions
of the records as are referred to therein and other supporting papers. The petition shall
be under oath and shall how, by stating the specific material dates, that it was filed within
the period fixed in this chapter.

(5) The petition for review shall be perfected within fifteen (15) days from receipt of the
final administrative decision. One (1) motion for reconsideration may be allowed. If the
motion is denied, the movant shall perfect his appeal during the remaining period for
appeal reckoned from receipt of the resolution of denial. If the decision is reversed on
reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution
to perfect his appeal.

(6) The review proceeding shall be filed in the court specified by statute or, in the absence
thereof, in any court of competent jurisdiction in accordance with the provisions on venue
of the Rules of Court.

(7) Review shall be made on the basis of the record taken as a whole. The findings of fact
of the agency when supported by substantial evidence shall be final except when
specifically provided otherwise by law.

Action by Administrative appellate tribunal

SECTION 22. Action on Appeal.—The appellate agency shall review the records of the
proceedings and may, on its own initiative or upon motion, receive additional evidence.

Enforcement of Administrative determinations

appeals from administrative tribunals performing quasi-judicial functions are heard by the Court of Appeals
and handled in the same manner as appeals in civil cases from the trial courts. However, certain administrative
agencies have their own rules governing periods for lodging an appeal and the form of the appellate pleading
to be filed. Philippine courts also follow the rule on exhaustion of administrative remedies, which provides that
all administrative remedies must be exhausted first before the courts’ judicial power may be sought

Judicial Review of, or Relief against Administrative Actions

SECTION 25. Judicial Review.—(1) Agency decisions shall be subject to judicial review
in accordance with this chapter and applicable laws.

(2) Any party aggrieved or adversely affected by an agency decision may seek judicial
review.
(3) The action for judicial review may be brought against the agency, or its officers, and
all indispensable and necessary parties as defined in the Rules of Court.

(4) Appeal from an agency decision shall be perfected by filing with the agency within
fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the reviewing
court a petition for review of the order. Copies of the petition shall be served upon the
agency and all parties of record. The petition shall contain a concise statement of the
issues involved and the grounds relied upon for the review, and shall be accompanied
with a true copy of the order appealed from, together with copies of such material portions
of the records as are referred to therein and other supporting papers. The petition shall
be under oath and shall how, by stating the specific material dates, that it was filed within
the period fixed in this chapter.

(5) The petition for review shall be perfected within fifteen (15) days from receipt of the
final administrative decision. One (1) motion for reconsideration may be allowed. If the
motion is denied, the movant shall perfect his appeal during the remaining period for
appeal reckoned from receipt of the resolution of denial. If the decision is reversed on
reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution
to perfect his appeal.

(6) The review proceeding shall be filed in the court specified by statute or, in the absence
thereof, in any court of competent jurisdiction in accordance with the provisions on venue
of the Rules of Court.

(7) Review shall be made on the basis of the record taken as a whole. The findings of fact
of the agency when supported by substantial evidence shall be final except when
specifically provided otherwise by law.

ADMINISTRATIVE ORDER NO. 07 April 10, 1990

MOTION FOR RECONSIDERATION OR REINVESTIGATION. — Whenever allowable, a motion for

reconsideration or reinvestigation may only be entertained if filed within ten (10) days from receipt of
the decision by the respondent on any of the following grounds:

a) New evidence had been discovered which materially affects the order, directive or
decision.

b) Errors of facts or law, or irregularities have been committed prejudicial to the

interest of the movant.

Only one motion for reconsideration or reinvestigation shall be allowed, and the hearing officer shall
resolved the same within five (5) days from receipt thereof
Concept of Judicial Review

The 1987 Philippine Constitution explicitly vests in the Supreme Court the power of judicial
review which is the authority to examine an executive or legislative act and to invalidate that act
if it is contrary to constitutional principles

Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional.

2. Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.

3. Only SC decisions are precedent, and thus, only SC decisions are binding on all.

Requisites
1. An ACTUAL CASE calling for the exercise of judicial power
2. The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have
had an adverse effect on the person challenging it.
3. The person challenging the governmental act must have ‘STANDING’, i.e. a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result
of its enforcement.
4. The question of Constitutionality must be raised in the first instance, or at the earliest
opportunity.
5. Resolution of the issue of constitutionality is unavoidable or is the very lis mota.

Right to Judicial Review

Right to judicial review is dependent on it requisites in order for it to avail of such relief.
The person challenging the governmental act must have ‘STANDING’, i.e. a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result
of its enforcement

Rules Governing appeals from judgments of quasi-judicial agencies

CIRCULAR NO. 1-91 February 27, 1991

1. Scope. — These rules shall apply to appeals from final orders or decision of the Court of Tax
Appeals. They shall also apply from final orders or decisions on any quasi-judicial agency from
which an appeal is now allowed by statute to the Court of Appeals or the Supreme Court. Among
these agencies are the Securities and Exchange Commission, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology
Transfer, National Electrification Administration, Energy Regulatory Board, National
Telecommunications Commission, Secretary of Agrarian Reforms and Special Agrarian Courts
under RA 6657, Government Service Insurance System, Employees Compensation Commission,
Agricultural Inventions Board, Insurance Commission and Philippine Atomic Energy Commission.

2. Case not covered. — These rules shall not apply to decisions and interlocutory orders of the
National Labor Relations Commission or the Secretary of Labor and Employment under the Labor
Code of the Philippines, the Central Board of Assessment Appeals, and other quasi-judicial agencies
from which no appeal to the courts is prescribed or allowed by statute.

3. Who may appeal and where to appeal. — The appeal of a party affected by a final order, decision,
or judgment of the Court of Tax Appeals or of a quasi-judicial agency shall be taken to the Court of
Appeals within the period in the manner herein provided, whether the appeal involved questions of
fact or of law or mixed questions of fact and law. From final judgments or decisions of the Court of
Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in Rule 45
of the Rules of Court.

4. Period of Appeal. — The appeal shall be taken within fifteen (15) days from notice of the ruling,
award, order, decision, or judgment or from the date of its last publication, if publication is required
by law for its effectivity. One (1) motion for reconsideration of said ruling, award, order, decision, or
judgment may be allowed. If the motion is denied, the movant may appeal during the remaining
period for appeal reckoned from notice of the resolution of denial.

5. How Appeal Taken. — Appeal shall be taken by filing a verified petition for review in six (6) legible
copies, with the Court of Appeals, a copy of which shall be served on the adverse party and on the
court or agency a quo. Proof of service of the petition on the adverse party and on the court or
agency a quo shall be attached to the petition.

6. Contents of the Petition. — The petition for review shall contain a concise statement of the facts
and issues involved and the grounds relied upon for the review, and shall be accompanied by a
duplicate original or a certified true copy of the ruling, award, order, decision or judgment appealed
from, together with certified true copies of such material portions of the record as are referred to
therein and other supporting papers. The petition shall state the specific material dates showing that
it was filed within the period fixed herein.

7. Docketing and other fees; exemption therefrom. — Upon filing the petition for review, the
petitioner shall pay to the clerk of the Court of Appeals the docketing and other prescribed fees. In
case the appellant is a laborer, or employee, agricultural lessee or tenant, he may file a verified
motion setting forth said fact and praying that he be exempted from payment of docketing and other
legal fees and the deposit for costs. If the court denies the motion, the appellant shall pay the
docketing and other legal fees within fifteen (15) days from notice of the denial, otherwise the appeal
shall be dismissed.

8. When petition given due course. — The Court of Appeals shall give due course to the petition only
when it showsprima facie that the court, commission, board, office or agency concerned has
committed errors of fact or law that would warrant reversal or modification of the order, ruling or
decision sought to be reviewed. The findings of fact of the court, commission, board, office, or
agency concerned when supported by substantial evidence shall be final.

9. Deposit for Costs. — If the petition is given due course, the petitioner shall deposit with the Court
of Appeals the sum of four hundred pesos (P400.00) for costs within three (3) days from notice by
the clerk of court, unless a different period is fixed by the court. Upon failure of petitioner to make the
deposit within the said period, the petition shall be dismissed.
10. Answer of respondent. — Within ten (10) days from notice that the petition has been given due
course, the respondent may fine an answer to the petition. The answer shall be filed in six (6) legible
copies and accompanied by certified true copies of such material portions of the record referred to
therein together with other supporting papers. The answer shall (a) point out insufficiencies or
inaccuracies in petitioner's statement of facts and issues; and (b) state the reasons why the petition
should be denied or dismissed. Copy thereof shall be served on the petitioner. If no answer is filed,
the Court of Appeals shall render judgment on the basis of the petition.

11. Transmittal of record. — Within fifteen (15) days from notice that the petition has been given due
course, the court, commission, board, office or agency concerned shall transmit to the Court of
Appeals the original or a certified copy of the entire record of the proceeding under review. The
record to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of
Appeals may require or permit subsequent correction or addition to the record.

12. Effect of Appeal. — The appeal shall not stay the order, ruling or decision sought to be reviewed
unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

13. Submission for decision. — The case shall be deemed submitted for decision upon the filing of
the answer or expiration of the period to do so, unless the Court of Appeals sets the case for oral
argument, or requires the parties to submit memoranda.

14. Rules 43 and 44 of the Rules of Court are hereby repealed and superseded by this Circular.

15. This Circular shall take effect fifteen (15) days after its publication in a newspaper of general
circulation.

FOR STRICT COMPLIANCE.

February 27, 1991.

Administrative finds and constructions generally conclusive

conclusive and binding on courts if supported by substantial evidence

G.R. No. 200751, August 17, 2015

MONICO LIGTAS, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

DECISION

“Generally, decisions in administrative cases are not binding on criminal proceedings. This court has
ruled in a number of cases that:

It is indeed a fundamental principle of administrative law that administrative cases are independent
from criminal actions for the same act or omission. Thus, an absolution from a criminal charge is not a
bar to an administrative prosecution, or vice versa. One thing is administrative liability; quite another
thing is the criminal liability for the same act.

....
Thus, considering the difference in the quantum of evidence, as well as the procedure followed and the
sanctions imposed in criminal and administrative proceedings, the findings and conclusions in one
should not necessarily be binding on the other. Notably, the evidence presented in the administrative
case may not necessarily be the same evidence to be presented in the criminal cases.82 (Emphasis
supplied, citations omitted)

However, this case does not involve an administrative charge stemming from the same set of facts
involved in a criminal proceeding. This is not a case where one act results in both criminal and
administrative liability. DARAB Case No. VIII-319-SL-2000 involves a determination of whether there
exists a tenancy relationship between petitioner and private complainant, while Criminal Case No. R-225
involves determination of whether petitioner committed theft. However, the tenancy relationship is a
factor in determining whether all the elements of theft were proven by the prosecution.

Finality of Administrative action for purposes of review

SECTION 23. Finality of Decision of Appellate Agency.—In any contested case, the decision of
the appellate agency shall become final and executory fifteen (15) days after the receipt by the
parties of a copy thereof
sECTION 25. Judicial Review.—(1) Agency decisions shall be subject to judicial review in
accordance with this chapter and applicable laws.
(2) Any party aggrieved or adversely affected by an agency decision may seek judicial review.
(3) The action for judicial review may be brought against the agency, or its officers, and all
indispensable and necessary parties as defined in the Rules of Court.
(4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen
(15) days from receipt of a copy thereof a notice of appeal, and with the reviewing court a
petition for review of the order. Copies of the petition shall be served upon the agency and all
parties of record. The petition shall contain a concise statement of the issues involved and the
grounds relied upon for the review, and shall be accompanied with a true copy of the order
appealed from, together with copies of such material portions of the records as are referred to
therein and other supporting papers. The petition shall be under oath and shall how, by stating
the specific material dates, that it was filed within the period fixed in this chapter.
(5) The petition for review shall be perfected within fifteen (15) days from receipt of the final
administrative decision. One (1) motion for reconsideration may be allowed. If the motion is
denied, the movant shall perfect his appeal during the remaining period for appeal reckoned
from receipt of the resolution of denial. If the decision is reversed on reconsideration, the
appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal.
(6) The review proceeding shall be filed in the court specified by statute or, in the absence
thereof, in any court of competent jurisdiction in accordance with the provisions on venue of the
Rules of Court.
(7) Review shall be made on the basis of the record taken as a whole. The findings of fact of the
agency when supported by substantial evidence shall be final except when specifically provided
otherwise by law.
Exceptions to Doctrine of Finality
Well-settled is the rule that a judgment that has acquired finality "becomes immutable and
unalterable, and may no longer be modified in any respect, even if the modification is meant to
correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it
or by the Highest Court of the land."35 The rationale of this doctrine is to avoid delay in the
administration of justice and in order to put an end to judicial controversies.

The doctrine of finality of judgment is grounded on fundamental considerations of public policy and
sound practice,

and that, at the risk of occasional errors, the judgments or orders of courts must become final at some
definite time fixed by law; otherwise, there would be no end to litigations, thus setting to naught the
main role of courts of justice which is to assist in the enforcement of the rule of law and the
maintenance of peace and order by settling justiciable controversies with finality.

Nonetheless, this doctrine may be relaxed in order to serve substantial justice in case compelling
circumstances that clearly warrant the exercise of the Court’s equity jurisdiction are extant. Thus, like
any other rule, it has exceptions, such as: (1) the correction of clerical errors; (2) the so-called nunc pro
tunc entries which cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances
transpire after the finality of the decision rendering its execution unjust and inequitable. After all, the
rules of procedure intend to promote the ends of justice, thus, their strict and rigid application must
always be eschewed when it would subvert its primary objective.