UST GOLDEN NOTES 2011
J.ADMINISTRATIVELAW
a.GENERALPRINCIPLES
Q:DefineAdministrativeLaw?
A: It is a branch of public law fixing the
organization and determines the competence of
administrative authorities, and indicates the
individualremediesfortheviolationoftherights.
Q:WhatarethekindsofAdministrativeLaw?
A:
1. Statutes setting up administrative
authorities.
2. Bodyofdoctrinesanddecisionsdealing
withthecreation,operation,andeffect
of determinations and regulations of
suchadministrativeauthorities.
3. Rules, regulations, or orders of such
administrative authorities in pursuance
of the purposes, for which
administrativeauthoritieswerecreated
orendowed.
4. Determinations, decisions, and orders
ofsuchadministrativeauthoritiesinthe
settlement of controversies arising in
theirparticularfield.
b.CREATIONOFADMINISTRATIVEBODIESAND
AGENCIES
Q:Whatisanadministrativeagency?
A: It is an organ of government, other than a
courtandthelegislature,whichaffectstherights
of private parties either through adjudication or
rulemaking.
Q:Howareagenciescreated?
A:By:
1. Constitutionalprovision
2. Authorityoflaw
3. Legislativeenactment
Q:Citereasonsforthecreationofadministrative
agencies.
A:To:
1. Helpunclogcourtdockets
2. mMeet the growing complexities of
modernsociety
3. Help in the regulation of ramified
activitiesofadevelopingcountry
4. Entrust to specialized agencies the task
of dealing with problems as they have
146
theexperience,expertise,andpowerof
dispatchtoprovidesolutionthereto.
Q:Whatisaninstrumentality?
A:Aninstrumentalityreferstoanyagencyofthe
national government not integrated within the
departmental framework, vested with special
functions or jurisdiction by law, with some if not
allcorporatepowers,administeringspecialfunds,
and enjoying operational autonomy, usually
throughacharter.(IronandSteelAuthorityv.CA,
G.R.No.102976,Oct.25,1995)
Q:WhatisanAgency?
A: An agency is any department, bureau, office,
commission, authority or officer of the national
government,authorizedbylaworexecutiveorder
to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to
functions regulating private rights, privileges,
occupation or business, and officials in the
exerciseofthedisciplinarypowersasprovidedby
law.
Q:Whatisthedistinctionbetweenthetwo?
A: There is no practical distinction between an
instrumentality and agency, for all intents and
purposes. A distinction, however, may be made
with respect to those entities possessing a
separatechartercreatedbystatute.
Q:Whatisaquasijudicialbodyoragency?
A: A quasijudicial body or agency is an
administrative body with the power to hear,
determine or ascertain facts and decide rights,
duties and obligations of the parties by the
application of rules to the ascertained facts. By
thispower,quasijudicialagenciesareenabledto
interpret and apply implementing rules and
regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Question)
c.POWERSOFADMINISTRATIVEAGENCIES
Q: What are the three basic powers of
administrativeagencies?
A:
1. Quasilegislative power or rulemaking
power
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
2.
3.
Quasijudicialoradjudicatorypower
Determinativepower
Q: Distinguish between quasilegislative and
quasijudicialpower.
A:
QUASILEGISLATIVE
Operatesonthefuture
Hasgeneralapplication
Issuance pursuant to the
exercise
of
quasi
legislative power may be
assailed in court without
subscribing
to
the
doctrineofexhaustionof
administrative remedies
(DEAR).
A valid exercise of quasi
legislative power does
not require prior notice
and hearing (except
whenthelawrequiresit).
An issuance pursuant to
the exercise of quasi
legislative power may be
assailed in court through
anordinaryaction.
QUASIJUDICIAL
Operatesbasedonpast
facts
Has
particular
application
(applies
only to the parties
involvedinadispute)
Issuance pursuant to
the exercise of quasi
judicialpowermay,asa
rule,onlybechallenged
in court with prior
exhaustion
of
administrative
remedies.
A valid exercise of
quasijudicial
power
requires prior notice
and hearing (except
when the law requires
it)
Anissuancepursuantto
the exercise of quasi
judicial function is
appealed to the Court
of Appeals via petition
forreview(Rule43).
1.QuasiLegislative(RuleMaking)Power
Q:Definequasilegislativepower.
A: This is the exercise of delegated legislative
power,involvingnodiscretionastowhatthelaw
shallbe,butmerelytheauthoritytofixthedetails
in the execution or enforcement of a policy set
outinthelawitself.
Q: What are the kinds of quasilegislative
power?
A:
1. Legislativeregulation
2. Supplementary or detailed legislation
whichisintendedtofillinthedetailsof
the law and to make explicit what is
onlygeneral.e.g.RulesandRegulations
ImplementingtheLaborCode.
3. Contingent legislation in which
administrative agencies are allowed to
ascertain the existence of particular
contingencies and on the basis thereof
4.
enforce or suspend the operation of a
law.
Interpretative legislation rules and
regulations construing or interpreting
the provisions of a statute to be
enforced and binding on all concerned
until changed. They have the effect of
law and are entitled to great respect
havingintheirfavorthepresumptionof
legality.E.g.BIRcirculars.
Q:Whataretherequisitesforthevalidexercise
ofquasilegislativepower?
A:
1. Promulgated in accordance with the
Prescribedprocedure.
2. Reasonable.
3. IssuedunderAuthorityoflaw.
4. Administrative regulations, issued for
the purpose of implementing existing
law, pursuant to a valid delegation are
included in the term laws under
Article 2, of the Civil Code and must
therefore be published in order to be
effective.
5. It must be within the Scope and
purviewofthelaw.
6. Filing with the Office of the National
Administrative Register (ONAR) of the
UniversityofthePhilippinesLawCenter
Note:Butmereinterpretativeregulations,andthose
merely internal in nature, i.e. regulating only the
personnel of the administrative agency and not the
public, need not be published (Taada v. Tuvera,
G.R.No.63915,December29,1986)
Q:Whataretheguidelinestorulemaking?
A:
1. It must be consistent with the law and
theconstitution
2. Itmusthavereasonablerelationshipto
thepurposeofthelaw
3. It must be within the limits of the
power granted to administrative
agencies
4. Maynotamend,alter,modify,supplant,
enlarge,limitornullifythetermsofthe
law
5. It must be uniform in operation,
reasonable and not unfair or
discriminatory
6. Must be promulgated in accordance
withtheprescribedprocedure
Q: What are the limitations on the exercise of
quasilegislativepower?
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
147
UST GOLDEN NOTES 2011
A:
1.
2.
3.
4.
5.
It must be within the limits of the
powers granted to administrative
agencies.
Cannotmakerulesorregulationswhich
are inconsistent with the provision of
theConstitutionorstatute.
Cannot defeat the purpose of the
statute.
Maynotamend,alter,modify,supplant,
enlarge, or limit the terms of the
statute.
Aruleorregulationmustbeuniformin
operation,reasonableandnotunfairor
discriminatory.
Q: May an administrative agency promulgate
rulesprovidingforpenalsanction?
A: Yes, provided the following requisites are
compliedwith:
1. The law must declare the act
punishable;
2. Thelawmustdefinethepenalty;
3. The rules must be published in the
Official Gazette. (The Hon. Secretary
Vincent S. Perez v. LPG Refillers
Association of the Philippines, G.R. No.
159149,June26,2006)
Q: Are administrative officers tasked to
implement the law also authorized to interpret
thelaw?
A: Yes, because they have expertise to do so.
(PLDTv.NTC,G.R.No.88404,Oct.18,1990)
Q: Are constructions of administrative officers
bindinguponthecourts?
A: Such interpretations of administrative officer
aregivengreatweight,unlesssuchconstructionis
clearly shown to be in sharp contrast with the
governing law or statute. (Nestle Philippines Inc.
v.CA,G.R.No.86738,Nov.13,1991)
Q: What is the Doctrine of Subordinate
Legislation?
A:Powerofadministrativeagencytopromulgate
rulesandregulationsonmatterswithintheirown
specialization.
Q:Whatisthereasonbehindthedelegation?
A: It is well established in this jurisdiction that,
while the making of laws is a nondelegable
activity thatcorrespondsexclusivelytoCongress,
148
nevertheless the latter may constitutionally
delegate authority to promulgate rules and
regulations to implement a given legislation and
effectuate its policies, for the reason that the
legislature often finds it impracticable (if not
impossible) to anticipate and provide for the
multifarious and complex situations that may be
met in carrying the law into effect. All that is
requiredisthattheregulationshouldbegermane
to the objects and purposes of the law; that the
regulation be not in contradiction with it, but
conformtothestandardsthatthelawprescribes.
Q: What are the limitations on the doctrine of
subordinatelegislation?
A:
1. Rulemakingpower
2. Cannot contravene a statute or the
constitution
3. PartakesthenatureofastatuteRules
are not laws but have the force and
effectoflaws.
4. Enjoys the presumption of legality
therefore courts should respect and
apply them unless declared invalid; all
other agencies should likewise respect
them.
Q: What is the concept of Contemporaneous
Construction?
A:Theconstructionplaceduponthestatutebyan
executiveoradministrativeofficercalleduponto
executeoradministersuchstatute.
Theseinterpretativeregulationsareusuallyinthe
formofcirculars,directives,opinions,andrulings.
Note: Contemporaneous construction, while in no
case binding upon the courts, is nevertheless
entitled to great weight and respect in the
interpretation of ambiguous provisions of the law,
unlessitisshowntobeclearlyerroneous.
2.QuasiJudicial(Adjudicatory)Power
Q:Definequasijudicialpower.
A:Itisthepowerofadministrativeauthoritiesto
makedeterminationsoffactsintheperformance
oftheirofficialdutiesandtoapplythelawasthey
construe it to the facts so found. It partakes the
nature of judicial power, but is exercised by a
personotherthanajudge.
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
Q: How is the jurisdiction of a quasijudicial
agencyconstrued?
A:Anadministrativebodytowhichquasijudicial
powerhasbeendelegatedisatribunaloflimited
jurisdiction and as such it could wield only such
powers as are specifically granted to it by its
enabling statute. Its jurisdiction is interpreted
strictissimijuris.
2.a.AdministrativeDueProcess
Q: What is the nature of administrative
proceedings?
A:Itissummaryinnature.
Q: Is administrative proceedings bound by
technicalrulesofprocedureandevidence?
A: The technical rules of procedure and of
evidence prevailing in courts of law and equity
are not controlling in administrative proceedings
to free administrative boards or agencies from
the compulsion of technical rules so that the
mere admission of matter which would be
deemed incompetent in judicial proceedings
wouldnotinvalidateanadministrativeorder.
Note:Therulesofprocedureofquasijudicialbodies
shall remain effective unless disapproved by the
SupremeCourt.
Q: What are the cardinal primary requirements
ofdueprocessinadministrativeproceedings?
A:
1. Right to a hearing which includes the
right to present ones case and submit
evidenceinsupport
2. Thetribunalmustconsidertheevidence
presented
3. The decision must be supported by
evidence
4. Suchevidencemustbesubstantial
5. The decision must be based on the
evidencepresentedatthehearingorat
least contained in the record, and
disclosedtothepartiesaffected
6. Thetribunalorbodyofanyofitsjudges
must act on its own independent
consideration of the law and facts of
thecontroversyinarrivingatadecision;
7. The board or body should render
decision that parties know the various
issues involved and reason for such
decision
8.
Officer or tribunal must be vested with
competent jurisdiction and must be
impartialandhonest.(AngTibayv.CIR,
G.R.No.L46496,Feb.27,1940)
Note: The essence of procedural due process in
administrative proceedings is the opportunity to be
heard, i.e. the opportunity to explain ones side or
opportunity to seek reconsideration of an adverse
decision.
What the law prohibits is not the absence of
previous notice but the absolute absence thereof
andthelackofopportunitytobeheard.
Q: Does the due process clause encompass the
right to be assisted by counsel during an
administrativeinquiry?
A: No. The right to counsel which may not be
waived, unless in writing and in the presence of
counsel, as recognized by the Constitution, is a
rightofasuspectinacustodialinvestigation.Itis
not an absolute right and may, thus, be invoked
orrejectedincriminalproceedingand,withmore
reason,inanadministrativeinquiry.(Lumiquedv.
Exevea,G.RNo..117565,Nov.18,1997)
Q: What is the quantum of proof required in
administrativeproceedings?
A: Only substantial evidence that amount of
relevant evidence that a reasonable mind might
acceptasadequatetosupportaconclusion.
Q: When is the requirement of notice and
hearingnotnecessary?
A:
1. Urgencyofimmediateaction
2. Tentativenessofadministrativeaction
3. Grant or revocation of licenses or
permits to operate certain businesses
affectingpublicorderormorals
4. Summaryabatementofnuisanceperse
which affects safety of persons or
property
5. Preventive suspension of public officer
or employee facing administrative
charges
6. Cancellation of a passport of a person
soughtforcriminalprosecution
7. Summary proceedings of distraint and
levy upon property of a delinquent
taxpayer
8. Replacement of a temporary or acting
appointee
9. Right was previously offered but not
claimed
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
149
UST GOLDEN NOTES 2011
2.b.AdministrativeAppealandReview
Q: What is the concept of Administrative
Appeal?
A: It refers to the review by a higher agency of
decisions rendered by an administrative agency,
commencedbypetitionofaninterestedparty.
Note:Administrativeappealsareestablishedbythe
1987 Administrative Code, which will govern
primarilyintheabsenceofaspecificlawapplicable.
Underthe1987AdministrativeCode,administrative
appeals from a decision of an agency are taken to
theDepartmentHead.
Q:Whatistheconceptofadministrativereview?
A:Administrativeappealsarenottheonlywayby
whichadecisionofanadministrativeagencymay
be reviewed. A superior officer or department
head may upon his or her own volition review a
subordinates decision pursuant to the power of
control.
Administrative reviews by a superior officer are,
however, subject to the caveat that a final and
executory decision is not included within the
power of control, and hence can no longer be
alteredbyadministrativereview.
Q: How may administrative decisions be
enforced?
A:Itmaybeenforced.
1. Asprovidedforbylaw
2. Mayinvokethecourtsintervention
2.c.AdministrativeResJudicata
Q: Does the doctrine of res judicata apply to
administrativeproceedings?
A: The doctrine of res judicata applies only to
judicial or quasi judicial proceedings and not to
the exercise of purely administrative functions.
Administrative proceedings are non litigious and
summary in nature; hence, res judicata does not
apply.
3.Licensing,RateFixingandFactFindingPowers
Q:WhatisLicensingPower?
A: The action of an administrative agency in
grantingordenying,orinsuspendingorrevoking,
alicense,permit,franchise,orcertificateofpublic
150
convenience and necessity.
AdministrativeLaw,2010)
(De
Leon,
Q:Whatisthenatureofanadministrativeagencys
act if it is empowered by a statute to revoke a
license for noncompliance or violation of agency
regulations?
A:Forproceduralpurposes,anadministrativeaction
is not a purely administrative act if it is dependent
upon the ascertainment of facts by the
administrative agency. Where a statute empowers
an agency to revoke a license for noncompliance
with or violation of agency regulations, the
administrative act is of a judicial nature, since it
dependsupontheascertainmentiftheexistenceof
certainpastorpresentfactsuponwhichadecisionis
tobemadeandrightsandliabilitiesdetermined.
Q:DefineRateFixingPower.
A: It is the power usually delegated by the
legislature to administrative agencies for the
latter to fix the rates which public utility
companies may charge the public. (De Leon,
AdministrativeLaw,2010)
Q:Whatdoesthetermratemean?
A:Itmeansanychargetothepublicforaservice
open to all and upon the same terms, including
individual or joint rates, tolls, classification or
schedules thereof, as well as communication,
mileage, kilometrage and other special rates
whichshallbeimposedbylaworregulationtobe
observedandfollowedbyaperson.
Note:Fixingratesisessentiallylegislativebutmaybe
delegated. (Philippine InterIsland v. CA, G.R. No.
100481,January22,1997)
Q:Howisratefixingpowerperformed?
A: The administrative agencies perform this
functioneitherbyissuingrulesandregulationsin
theexerciseoftheirquasilegislativepowerorby
issuing orders affecting a specified person in the
exercise of its quasijudicial power. (De Leon,
AdministrativeLaw,2010)
Q: May the function of fixing rates be either a
legislativeoradjudicativefunction?
A: Yes. The function of prescribing rates by an
administrative agency may be either a legislative
or and adjudicative function. (De Leon,
AdministrativeLaw,2010)
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
Q: If the power to fix rates is exercised as a
legislative function, are notice and hearing
required?
A: Where the rules and/or rates laid down are
meant to apply to all enterprises of a given kind
throughout the country, they may partake of a
legislative character. If the fixing of rates were a
legislativefunction,thegivingofpriornoticeand
hearing to the affected parties is not a
requirement of due process, except where the
legislature itself requires it. (De Leon,
AdministrativeLaw,2010)
Q: What if it is exercised as a quasijudicial
function?
A: Where the rules and the rate imposed apply
exclusively to a particular party, based upon a
findingoffact,thenitsfunctionisquasijudicialin
character.
As regards rates prescribed by an administrative
agency in the exercise of its quasijudicial
function,priornoticeandhearingareessentialto
the validity of such rates. But an administrative
agency may be empowered by law to approve
provisionally, when demanded by urgent public
need, rates of public utilities without a hearing.
(DeLeon,AdministrativeLaw,2010)
Note: As a general rule, notice and hearing are not
essential to the validity of an administrative action
wheretheadministrativebodyactsintheexerciseof
executive, administrative, or legislative functions;
but where a public administrative body acts in a
judicial or quasijudicial matter, and its acts are
particular and immediate rather than general and
prospective, the person whose rights or property
may be affected by the action is entitled to notice
and hearing. (Philippine Consumers Foundation, Inc.
v Secretary of DECS, G.R. No. 78385, August 31,
1987)
Q: In case of a delegation of ratefixing power,
whatistheonlystandardwhichthelegislatureis
required to prescribe for the guidance of
administrativeauthority?
A: That the rate be reasonable and just.
(American Tobacco Co. v Director of Patents, 67
SCRA287,1975)
Q: In the absence of an express requirement as
to reasonableness, may the standard be
implied?
A: Yes. In any case, the rates must both be non
confiscatory and must have been established in
themannerprescribedbythelegislature.Evenin
the absence of an express requirement as to
reasonableness, this standard may be implied. A
ratefixingorder,temporaryorprovisionalthough
it may be, is not exempt from the procedural
requirements of notice and hearing when
prescribedbystatute,aswellastherequirement
of reasonableness. (De Leon, Administrative Law
2010,pp.164165)
Q: May the delegated power to fix rates be re
delegated?
A: The power delegated to an administrative
agencytofixratescannot,intheabsenceofalaw
authorizing it, be delegated to another. This is
experessed in the maxim, potestas delagata non
delegari protest. (Kilusang Mayo Uno Labor
Centerv.Garcia,Jr.,39SCRA386,1994)
Q: May congress delegate to an administrative
agency the power to ascertain facts as basis to
determine when a law may take into effect or
whetheralawmaybesuspendedorcometoan
end,inaccordancewiththepurposeorpolicyof
thelawandthestandardfortheexerciseofthe
powerdelegated?
A:Yes.Thisisnotdelegationofwhatthelawshall
be, but how the law will be enforced, which is
permissible. Hence the legislature may delegate
to an administrative agency the power to
determine some fact or state of things upon
whichthelawmakes,orintendstomake,itsown
action depend, or the law may provide that it
shall become operative only upon the
contingency or some certain fact or event, the
ascertainment of which is left to an
administrativeagency.(1Am.Jur.2d930931)
Q:Whataretherequirementsforthedelegation
ofthepowertoascertainfactstobevalid?
A: The law delegating the power to determine
somefactsorstateofthingsuponwhichthelaw
maytakeeffector itsoperationsuspendedmust
provide the standard, fix the limits within which
the discretion may be exercised, and define the
conditions therefor. Absent these requirements,
thelawandtherulesissuedthereunderarevoid,
the former being an undue delegation of
legislativepowerandthelatterbeingtheexercise
if rulemaking without legal basis. (U.S. v. Ang
TangHo,43Phil.1,1992)
Q: In connection with the evidence presented
before a factfinding quasi judicial body, do the
latter have a power to take into consideration
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
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151
UST GOLDEN NOTES 2011
the result of its own observation and
investigation of the matter submitted to it for
decision?
A: A factfinding quasijudicial body (e.g., Land
TransportationFranchisingandRegulatoryBoard)
whose decisions (on questions regarding
certificatedofpublicconvenience)areinfluenced
notonlybythefactsasdisclosedbytheevidence
inthecasebeforeitbutalsobythereportsofits
field agents and inspectors that are periodically
submitted to it, has the power to take into
consideration the result of its own observation
andinvestigationofthemattersubmittedtoitfor
decision, in connection with other evidence
presented at the hearing of the case (Pantranco
SouthExpress,Inc.vBoardofTransportaion,191
SCRA581,1991)
4.DeterminativePowers
Q:Definedeterminativepowers.
A: It is the power of administrative agencies to
betterenablethemtoexercisetheirquasijudicial
authority.
Q:Whatconsisteddeterminativepowers?
A:DEDE_S
1. Enabling Permits the doing of an act
which the law undertakes to regulate
and which would be unlawful without
governmentapproval.
2. Directing Orders the doing or
performance of particular acts to
ensurethecompliancewiththelawand
are often exercised for corrective
purposes.
3. Dispensing To relax the general
operation of a law or to exempt from
general prohibition, or to relieve an
individual or a corporation from an
affirmativeduty.
4. Examining This is also called
investigatory power. It requires
production of books, papers, etc., the
attendanceofwitnessesandcompelling
theirtestimony.
5. Summary Power to apply compulsion
or force against persons or property to
effectuate a legal purpose without
judicial warrants to authorize such
actions.
152
d.JUDICIALRECOURSEANDREVIEW
1.DoctrineofPrimaryAdministrative
Jurisdiction
Q:Whatisthedoctrineofprimaryjurisdictionor
doctrineofpriorresort?
A: Under the principle of primary jurisdiction,
courtscannotorwillnotdetermineacontroversy
involving question within the jurisdiction of an
administrative body prior to the decision of that
questionbytheadministrativetribunalwhere:
1. The question demands administrative
determination
requiring
special
knowledge, experience and services of
theadministrativetribunal;
2. Thequestionrequiresdeterminationof
technicalandintricateissuesofafact;
3. The uniformity of ruling is essential to
complywithpurposesoftheregulatory
statuteadministered
Note:Insuchinstances,reliefmustfirstbeobtained
inadministrativeproceedingbeforearemedywillbe
supplied by the courts even though the matter is
withintheproperjurisdictionofacourt.Thejudicial
processisaccordinglysuspendedpendingreferralof
theclaimtotheadministrativeagencyforitsview.
Q:Whatarethereasonsforthisdoctrine?
A:
1. Totakefulladvantageofadministrative
expertness;and
2. To attain uniformity of application of
regulatory laws which can be secured
onlyifdeterminationoftheissueisleft
totheadministrativebody
Q:Whenisthedoctrineinapplicable?
A:
1. When,bythecourt'sdetermination,the
legislaturedidnotintendthattheissues
be left solely to the initial
determination of the administrative
body.
2. When the issues involve purely
questionsoflaw.
3. When courts and administrative bodies
haveconcurrentjurisdiction.
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
Q:Canthecourtmotuproprioraisetheissueof
primaryjurisdiction?
A:Thecourtmaymotuproprioraisetheissueof
primary jurisdiction and its invocation cannot be
waivedbythefailureofthepartiestoargueit,as
the doctrine exists for the proper distribution of
power between judicial and administrative
bodiesandnotfortheconvenienceoftheparties.
Insuchcasethecourtmay:
1. Suspend the judicial process pending
referral of such issues to the
administrativebodyforitsreview,or
2. If the parties would not be unfairly
disadvantaged,dismissthecasewithout
prejudiced.(EuroMedlaboratoriesPhil.
vs. Province of Batangas, G.R No.
148706,July17,2006)
2.DoctrineofExhaustionofAdministrative
Remedies
Q: What is the doctrine of exhaustion of
administrativeremedies?
A: This doctrine calls for resort first to the
appropriate administrative authorities in the
resolution of a controversy falling under their
jurisdiction and must first be appealed to the
administrative superiors up to the highest level
beforethesamemaybeelevatedtothecourtsof
justiceforreview.
Note: The premature invocation of the courts
intervention is fatal to ones cause of action.
Exhaustion of administrative remedies is a
prerequisite for judicial review; it is a condition
precedentwhichmustbecompliedwith.
Q: What are the reasons for exhausting
administrativeremedies?
A:
1. To enable the administrative superiors
tocorrecttheerrorscommittedbytheir
subordinates.
2. Courts should refrain from disturbing
the findings of administrative bodies in
deferencetothedoctrineofseparation
ofpowers.
3. Courts should not be saddled with the
reviewofadministrativecases.
4. Judicialreviewofadministrativecasesis
usually effected through special civil
actionswhichareavailableonlyifthere
isnootherplain,speedy,andadequate
remedy.
5.
To avail of administrative remedy
entailslesserexpensesandprovidesfor
aspeedierdispositionofcontroversies.
Q:Whataretheexceptionstotheapplicationof
thedoctrine?
A:DELILAPULPMUNQ
1. ViolationofDueprocess
2. When there is Estoppel on the part of
theadministrativeagencyconcerned
3. When the issue involved is a purely
Legalquestion
4. WhenthereisIrreparableinjury
5. When the administrative action is
patently illegal amounting to Lack or
excessofjurisdiction
6. When the respondent is a Department
SecretarywhoseactsasanAlteregoof
the President bears the implied and
assumedapprovalofthelatter
7. When the subject matter is a Private
landcaseproceedings
8. WhenitwouldbeUnreasonable
9. When no administrative review is
providedbyLaw
10. WhentheruledoesnotprovideaPlain,
speedy,andadequateremedy
11. When the issue of nonexhaustion of
administrative remedies has been
renderedMoot
12. When there are circumstances
indicating the Urgency of judicial
intervention
13. WhenitwouldamounttoaNullification
ofaclaim;and
14. Where the rule of Qualified political
agency applies. (Laguna CATV Network
v. Maraan, G.R. No. 139492, Nov. 19,
2002)
Q: What is the effect of nonexhaustion of
administrativeremedies?
A: It will deprive the complainant of a cause of
action,whichisagroundforamotionofdismiss.
Q: Is noncompliance with the doctrines of
primary jurisdiction or exhaustion of
administrativeremediesajurisdictionaldefect?
A: No. Noncompliance with the doctrine of
primary jurisdiction or doctrine of exhaustion of
administrative remedies is not jurisdictional for
the defect may be waived by a failure to assert
thesameattheearliestopportunetime.
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
153
UST GOLDEN NOTES 2011
Q: Distinguish the doctrine of primary
jurisdiction from the doctrine of exhaustion of
administrativeremedies.
A:
GR: Courts will not disturb the findings
ofadministrativeagenciesactingwithin
the parameters of their own
competence,
special
knowledge,
expertise, and experience. The courts
ordinarily accord respect if not finality
to factual findings of administrative
tribunals.
XPN: If findings are not supported by
substantialevidence.
DOCTRINEOF
EXHAUSTIONOF
ADMINISTRATIVE
REMEDIES
DOCTRINEOF
PRIMARY
JURISDICTION
Bothdealwiththeproperrelationshipsbetweenthe
courtsandadministrativeagencies.
Applieswhereacaseis
within the concurrent
jurisdictionofthecourt
and an administrative
agency
but
the
determination of the
case requires the
technical expertise of
the
administrative
agency
Applies where a claim is
cognizable in the first
instance
by
an
administrative
agency
alone
Although the matter is
within the jurisdiction
of the court, it must
yield to the jurisdiction
of the administrative
case
Judicial interference is
withheld
until
the
administrative process
hasbeencompleted
3.DoctrineofRipenessforReview
Q:WhatistheDoctrineofRipenessforReview?
A: This doctrine is the similar to that of
exhaustion of administrative remedies except
that it applies to the rule making and to
administrative action which is embodied neither
in rules and regulations nor in adjudication or
finalorder.
Q:Whendoesthedoctrineapply?
A:VICS
1. When the Interest of the plaintiff is
subjected to or imminently threatened
withsubstantialinjury.
2. IfthestatuteisSelfexecuting.
3. When a party is immediately
confronted with the problem of
complying or violating a statute and
thereisariskofCriminalpenalties.
4. When plaintiff is harmed by the
Vaguenessofthestatute.
Q: What are the questions reviewable by the
courts?
A:
1. Questionsoffact
Questions of Law administrative
decisionsmaybeappealedtothecourts
independentlyoflegislativepermission.
It may be appealed even against
legislative prohibition because the
judiciary cannot be deprived of its
inherent power to review all decisions
onquestionsoflaw.
3.
Mixed(lawandfact)whenthereisa
mixedquestionoflawandfactandthe
court cannot separate the elements to
seeclearlywhatandwherethemistake
of law is, such question is treated as
question of fact for purposes of review
andthecourtswillnotordinarilyreview
the decision of the administrative
tribunal.
154
2.
4.DoctrineofFinalityofAdministrativeAction
Q: What is the doctrine of finality of
administrativeaction?
A:Thisdoctrineprovidesthatnoresorttocourts
will be allowed unless administrative action has
been completed and there is nothing left to be
doneintheadministrativestructure.
Q: What are the instances where the doctrine
findsnoapplication?
A:DEARPIA
1. To grant relief to Preserve the status
quo pending further action by the
administrativeagency
2. WhenitisEssentialtotheprotectionof
the rights asserted from the injuries
threatened
3. Where an administrative officer
Assumes to act in violation of the
Constitutionandotherlaws
4. Where such order is not Reviewable in
anyotherwayandthecomplainantwill
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
ADMINISTRATIVE LAW
5.
6.
7.
suffer great and obvious damage if the
orderiscarriedout
To an Interlocutory order affecting the
meritsofacontroversy
To an order made in excess of power,
contrary to specific prohibition in the
statute governing the agency and thus
operating as a Deprivation of a right
assuredbythestatute
When review is Allowed by statutory
provisions.
Q: What are the grounds for reversal of
administrativefindings?
A:
1. Finding is grounded on speculations or
conjectures
2. Inferences made are manifestly
mistakenorimpossible
3. Graveabuseofdiscretion
4. Misapprehensionoffacts,ortheagency
overlookedcertainfactsofsubstanceor
value which if considered would affect
theresultofthecase.
5. Agency went beyond the issues of the
case and the same are contrary to the
admissions of the parties or the
presented
6. Irregular procedures or the violation of
thedueprocess
7. Rights of a party were prejudiced
because the findings were in violation
of the constitution, or in excess of
statutory authority, vitiated by fraud,
mistake
8. Findings not supported by substantial
evidence
5.JudicialRelieffromThreatenedAdministrative
Action
Q: Can courts render a a decree in advance of
administrativeaction?
A: Courts will not render a decree in advance of
administrative action. Such action would be
renderednugatory.
It is not for the court to stop an administrative
officerfromperforminghisstatutorydutyforfear
thathewillperformitwrongly.
6.JudicialReviewofAdministrativeAction
Q:Whatistheconceptofjudicialreview?
A: Judicial review is the reexamination or
determination by the courts in the exercise of
their judicial power in an appropriate case
instituted by a party aggrieved thereby as to
whetherthequestionedact,rule,ordecisionhas
been validly or invalidly issued or whether the
sameshouldbenullified,affirmedormodified.
Note: The mere silence of the law does not
necessarilyimplythatjudicialreviewisunavailable.
Q: What are the requisites of judicial review of
administrativeaction?
A:
1. Administrative action must have been
completed (the principle of finality of
administrativeaction;)and
2. Administrative remedies must have
been exhausted known as (the
principleofexhaustionofadministrative
remedies.)
Q:Whatarethelimitationsonjudicialreview?
A:
1. Finalandexecutorydecisionscannotbe
madethesubjectofjudicialreview.
2. Administrative acts involving a political
question are beyond judicial review,
except when there is an allegation that
there has been grave abuse of
discretion.
3. Courts are generally bound by the
findings of fact of an administrative
agency.
Q: Is the rule that findings of facts by
administrative agencies are binding on the
courtssubjecttoanyexceptions?
A:
GR:Yes.
XPN:FIPEGES
1. Findings are vitiated by Fraud,
imposition,orcollusion
2. Procedure which led to factual findings
isIrregular
3. Palpableerrorsarecommitted
4. Factual findings not supported by
Evidence
5. Graveabuseofdiscretion,arbitrariness,
orcapriciousnessismanifest
6. WhenexpresslyallowedbyStatute;and
7. Error in appreciation of the pleadings
and in the interpretation of the
documentary evidence presented by
theparties
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
155
UST GOLDEN NOTES 2011
Q: What are the grounds which would warrant
thereversalofadministrativefinding?
A:MIGSVIBE
1. Misapprehensionoffacts,ortheagency
overlookedcertainfactsofsubstanceor
value which if considered would affect
theresultofthecase
2. Interferences made are manifestly
mistaken,absurd,orimpossible
3. Graveabuseofdiscretion
4. Finding is grounded on Speculations,
surmises,orconjectures
5. Rights of the parties were prejudiced
because the findings were in Violation
of the constitution, or in excess of
statutoryauthority,vitiatedbyfraud,or
mistake
6. Irregular procedures or violations of
dueprocess
7. Agency went Beyond the issues of the
case and the same are contrary to the
admissions of the parties or the
evidencepresented
8. Findings not supported by substantial
Evidence.
156
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS
:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
