Important Principles in Admin Law

Important principles in admin law
Doctrine of finality of administrative decision

administrative action must have been fully completed first
before a decision of an administrative body may be subjected
to judicial review.
Except:
1. When the administrative officer assumes to act in
violation of the Constitution and other laws;
2. When a questioned order is not reviewable in any
other way, and the complainant will suffer great and
obvious damage if the order is carried out, or when
such relief is expressly allowed by law;
3. When the questioned order is made in excess of
power and therefore a deprivation of a right granted
by the statute.
Doctrine of Exhaustion of Administrative Remedies
calls for resort first to the appropriate administrative
authorities in the resolution of a controversy falling under
their jurisdiction before the same may be elevated to the
courts of justice for review.
Exceptions:
1. When there is a violation of due process;
2. When the question involved is purely legal, or where
the questioned act is patently illegal, arbitrary or
oppressive;
3. When there is an urgent need for judicial
intervention;
4. When the administrative body is in estoppel;
5. When the claim involved is small;
6. When irreparable damage will be suffered;
7. When there is no other plain, speedy and
adequate remedy;
8. When strong public interest is involved;
9. When the subject of the controversy is a private
land.
10. when to require it would be unreasonable
11. when no administrative review is provided by law;
12. where the law of qualified political agency applies;
13. when it has been rendered moot;
Doctrine of Primary Jurisdiction of Prior Resort
dictates that courts cannot determine a dispute on a question
requiring the special knowledge and expertise of the
administrative tribunals. Relief must first be obtained in an
administrative proceeding before a remedy will be supplied by
the courts even though the matter is within the jurisdiction of
the court.
Doctrine of
Doctrine of Primary
Exhaustion of
Jurisdiction
Administrative
Remedies
The admin agency has Both the court and
authority to pass on admin
agency
have
every question raised by jurisdiction to pass on a
a person resorting to question
when
a
judicial
relief
and particular
case
is
enables the court to presented to court, as an
withhold its aid entirely original matter, rather
until the admin remedies than a matter of review.
had been exhausted
The claim or matter is The claim or matter is
cognizable in the first cognizable by both the
instance by an admin court and admin agency
agency
The purpose of the rule Not
concerned
with
is to control the timing of judicial
review
but
judicial
relief
from determines
in
some
adjudicative action of an instances whether initial
agency
action should be taken
by
a
court
or
administrative agency
Doctrine of Qualified Political Agency all executive and
admin organizations are adjuncts of the Executive
Department, the heads of various departments are assistants
and agents of the President, and the acts of the secretaries of
such departments, performed and regulated in the regular
course of business, are presumptively the acts of the
President.
Doctrine of Subordinate Legislation power of admin
agency to promulgate rules and regulations on matters of
their own specialization.
Doctrine of Legislative Approval by Reenactment the

rules and regulations promulgated by the proper admin
agency implementing the law are deemed confirmed and
approved by the legislature when said law was reenacted or
through codification. The legislature is presumed to have full
knowledge of the contents of the regulations then at the time
of re-enactment.
Judicial Relief from Threatened Administrative Action
courts will not render a decree in advance of admin action and
thereby render such nugatory. It is not for the court to stop an
administrative officer from performing his statutory duty for
fear that he will perform it wrongly.
Doctrine of Res Judicata in Administrative Proceedingsthe doctrine of res judicata forbids the reopening of a matter
that has been determined by competent authority. The
prevailing rule is that the doctrine applies only to judicial and
quasi-judicial proceedings and not to the exercise of
administrative functions.
Does not apply to labor relations proceedings
Due Process in Administrative Proceedings admin
tribunals are not bound by the technical rules of evidence and
procedure which governs trial and hearing in the regular
courts of justice. But due process must be observed.
7 Cardinal Rights (Administrative Due Process)
(HEDS BOR)
1. The right to hearing, which includes the right to
present ones case and submit evidence in support
thereof;
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself;
4. The evidence must be substantial;
5. The decision must be based on the evidence
presented at the hearing, or at least contained in the
record and disclosed to the parties affected;
6. The tribunal or body or any of its judges must act on
its or his own independent consideration of the law
and facts of the controversy and not simply accept
the views of a subordinate in arriving at a decision;
and
7. The board or body should render its decision in such
a manner that the parties to the proceeding can
know the various issues involved, and the reason for
the decision rendered.
Requisites of Judicial Review
1. The administrative action has already been full
completed and has therefore become final (doctrine
of finality of admin action);
2. The admin remedies have been exhausted (doctrine
of exhaustion of admin remedies)
Methods of Review of Admin Action
1. Statutory Methods they are those that are
provided by a specific statutory provision. The
manner and extent of its exercise is governed by
statutes.
2. Non-Statutory Methods those methods which
are not expressly provided for by law. They are
resorted to by courts on account of their inherent
power to review such proceedings and to decide
questions of jurisdiction and questions of law.
3. Direct Proceeding a proceeding which includes a
petition for review or relief from a judgment. The
purpose of which is to seek relief other than to set
aside a judgment, although it may involve an attack
on the judgment itself.
4. Collateral Attack through this attack, there is an
attempt to question in a subsequent proceeding, the
conclusiveness or validity of a prior administrative
decision on the ground that the decision is invalid for
lack of jurisdiction over the person or over the
subject-matter, or because the decision was not the
act of admin concerned which is vested with the
power to make the said determination.
Other Principles of Admin Law
1. Admin agencies are not bound by the technical rules
of evidence and procedure.
2. The findings of facts of admin bodies are binding to
the courts if they are supported by substantial
evidence.
3.
4.
Admin bodies can resolve questions of law in the

exercise of their quasi-judicial functions but
a. The same is only an incident to their
primary power of regulation and to perform
executive duties; and
b. Their resolution is subject to judicial review.
Requisites for validity of admin rules and regulations
a. The promulgation of the said rules and
regulations must be authorized by the
legislature;
b. The said rules and regulations must be
within the scope of legislative authority;
c.
5.
The said rules and regulations must be

promulgated in accordance with prescribed
procedure;
d. The admin or regulation must be reasonable
Requisites for the validity of admin rules and
regulations with penal sanctions
a. He law itself which authorizes the
promulgation of rules and regulations must
provide for the imposition of a penalty for
their violation;
b. The said law must fix or define the said
penalty for the violation of the regulation;
c. The said regulation must be published.

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Important principles in admin law

Doctrine of finality of administrative decision

Doctrine of Legislative Approval by Reenactment the

Admin bodies can resolve questions of law in the

The said rules and regulations must be

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