1)QUASI JUDICIAL POWER

Quasi judicial power— It is the power of the administrative agency to determine question of
facts to which the legislative policy is to apply, in accordance with standards laid down by the
law itself

3 Powers of a Quasi Judicial bodies

1. Formulate their own rules of procedure
- An implied power, as long as it does not violate the fundamental rights and
constitutional prerogatives.
2. Have subpoena power
- Has 2 kinds of subpoena. the power to summon the witnesses to appear before
the quasi judicial body.
- Subpoena duces te cum - power to require production of evidence.
- Subpoena ad testificandum - power to summon the witnesses to testify before
the bodies.
- Inherent in courts. Limited to matters which are authorized. Not all have these
powers. Ask assistance to the court.
3. Have contempt power
- The power to issue against any person natural or artificial, who disrespects the
court or disobeys the court orders
- Must be expressly conferred and only used as sanction
- Not all have this power. Seek the assistance of the court if not have contempt
power and someone disobey and respect the quasi judicial body

2 Conditions for valid exercise of judicial power:

1) Jurisdiction— competence of a body to act on a given matter and decide on certain
questions related to the powers conferred on the admin bodies.
Without this, the body is null and void. No legal effect
2) Due process— observance of the proper proceedings in court which will ensure a fair
play on all the parties before it
Elements of due process:
1. The tribunal quasi judicial body must be duly constituted and impartial
2. Must have due notice and opportunity to be heard to all parties.
3. The procedure of the hearing must be consistent with the essential requirements for fair
due process.
Doctrine of Res Judicata— the final judgement on the merits of court of competent jurisdiction
is conclusive of the rights to the parties.

In the case of res judicata, the matter cannot be raised again, either in the same court or in a
different court. A court will use res judicata to deny reconsideration of a matter. The doctrine of
res judicata is a method of preventing injustice to the parties of a case supposedly finished but
perhaps also or mostly a way of avoiding unnecessary waste of resources in the court system.

Elements of Res Judicata

1. Former judgement or order which is final and has already been reviewed and decided by
the Supreme Court
2. The judgment must be on the merits
3. Decisions are rendered by the court with jurisdiction over the subject matter.

When does the order become final and be considered as res judicata?
- It becomes final and executory 15 days after receipt of a copy thereof of the party
adversely affected.
- Unless before the lapse of the 15 days, an administrative appeal or judicial review has
been perfected .
- The court must affirm the decision of the admin body.
- Only one motion for reconsideration is allowed.

Determinative powers of quasi judicial powers

- power to make determination of facts in the performance of their judicial duties

(A) Enabling powers

those that permit the doing of an act which the law undertakes to regulate and which
would be unlawful without the government approval
(B)Directing powers
order the doing or performance of particular acts to ensure compliance with the law and
are often exercised for corrective purposes

Can all administrative bodies exercise contempt powers?

No, not every administrative body exercises contempt powers. Contempt powers are
judicial and not inherent to administrative bodies. Generally with the RTC, but can be
given to by a law.

Not inherent, but must be expressly granted.

7 Cardinal Rights of due process
1.Right to a hearing and submit evidence
2. The tribunal must consider the evidence presented;
3. The decision must have something to support itself
4) The decision must be based on the evidence presented at the hearing
5) The evidence must be substantial
6) The tribunal, or body or any judges must act on its own independent consideration of
the law
7) The board or body in controversial should, in all controversial questions, render its
decision

If one of these cardinal rights is not present, the decision will still be VALID even if the
other rights are not present, AS LONG AS OTHER RIGHTS ARE THERE

(PSSSSST. paadd sa quasi judicial power hakhak)

2) APPEAL TO THE PRESIDENT

(Adm. Order no. 22 s. 2011)

SECTION 1. Period to appeal. Unless otherwise provided by special law, an appeal to the
Office of the President shall be taken within fifteen (15) days from notice of the aggrieved
party of the decision/resolution/order appealed from, or of the denial, in part or in whole, of a
motion for reconsideration duly filed in accordance with the governing law of the department or
agency concerned.

SECTION 2. Appeal, how taken. The appeal shall be taken by filing a Notice of Appeal with
the Office of the President, with proof of service of a copy thereof to the department or
agency concerned and the affected parties, and payment of the appeal fee.
SECTION 3. Appeal fee. The appellant shall pay to the Office of the President the appeal fee of
Php1,500.00 within the same period for filing a Notice of Appeal under Section 1 hereof. For
appeals of deportation orders of the Bureau of Immigration, the appeal fee is Php10,000.00.
Pauper litigants, duly certified as such in accordance with the Rules of Court, shall be exempted
from the payment of appeal fee. Exemption from payment of the lawful appeal fees may be
granted by the Office of the President upon a verified motion setting forth valid grounds therefor.
If the motion is denied, the appellant shall pay the appeal fee within fifteen (15) days from notice
of the denial.

SECTION 4. Transmittal of record. Within ten (10) days from receipt of a copy of the Notice of
Appeal, the department or agency concerned shall transmit to the Office of the President the
complete records of the case with each page consecutively numbered and initialled by the
custodian of the records, together with a summary of proceedings thereon from the filing of the
complaint or petition before the office of origin up to transmittal to the Office of the President in
chronological order indicating the action taken, incidents resolved, and listing of all pleadings,
motions, manifestations, annexes, exhibits and other papers or documents filed by the
contending parties, the corresponding orders, resolutions and decisions, as required in
Memorandum Circular (MC)No. 123 (s. 1991).

SECTION 5. Perfection of appeal. The appeal shall be deemed perfected upon the filing of the
Notice of Appeal, payment of the appeal fee, and the filing of the appeal memorandum.

SECTION 6. Period to file appeal memorandum. The appeal memorandum shall be filed
within thirty (30) days from the date the Notice of Appeal is filed, with proof of service of
a copy thereof to the department or agency concerned and the affected parties.

SECTION 7. Appeal memorandum. The appeal memorandum shall be filed in three (3)
copies and shall (a) contain the caption and docket number of the case as presented in the
office of origin and the addresses of the parties; (b) indicate the specific material dates
showing that it is filed within the period prescribed in Section 1 hereof; (c) contain a
concise statement of the facts and issues and the grounds relied upon for the appeal;
and (d) be accompanied by a clearly legible duplicate original or a certified true copy of the
decision/resolution/order being appealed.
SECTION 8. Non-compliance with requirements. The failure of the appellant to comply with
any of the requirements regarding the payment of the appeal fee, proof of service of the appeal
memorandum, and the contents of and the documents which should accompany the appeal
memorandum shall be sufficient ground for the dismissal of the appeal.

SECTION 9. Stay of execution. The execution of the decision/resolution/order appealed from

is stayed upon the filing of the Notice of Appeal within the period prescribed herein, provided
that the stay of execution shall not apply (a) where provided by special law, and (b) in
decisions/resolutions/order of the Department of Interior and Local Government pursuant to AO
No. 23 (s. 1992), as amended. However, in all cases, at any time during the pendency of the
appeal, the Office of the President may direct or stay the execution of the
decision/resolution/order appealed from upon such terms and conditions as it may deem just
and reasonable.

With respect to decisions/resolutions/orders of the Housing and Land Use Regulatory Board,
the appeal will stay the execution for a period cf sixty (60) days from the date of the filing of a
Notice of Appeal within the period set in Section 1, after which the decision/resolution/order
shall be executory unless otherwise ordered by the Office of the President.

SECTION 10. Action on appeal. The Office of the President may require the appellee to file a
comment to the appeal memorandum within fifteen (15) days from notice, or dismiss the appeal
if the Office of the President finds that (a) it has no jurisdiction, (b) the appeal is patently without
merit, (c) the appeal is prosecuted manifestly for delay, or (d) the questions raised in the appeal
are too unsubstantial to require consideration.

SECTION 11. Comment. The comment shall (a) point out insufficiencies or inaccuracies in
appellant’s statement of facts and issues and (b) state the reasons why the appeal should be
denied or dismissed. A copy shall be served on the appellant and the department or agency
concerned, with proof of service submitted to the Office of the President.

SECTION 12. Submission for resolution. The appeal shall be deemed submitted for
resolution upon receipt of the comment, unless the Office of the President directs otherwise.
SECTION 13. Memorandum decision. In cases where the facts are in the main accepted by
both parties and easily determinable, and there are no doctrinal complications involved that will
require an extended discussion of the laws involved, the decision on appealed cases may be in
the form of a memorandum decision. The memorandum decision shall adopt by reference the
findings of fact and conclusions of law contained in the decision/resolution/order appealed from,
either by attaching the same to the memorandum decision or by quoting the
decision/resolution/order in the memorandum decision,

SECTION 14. Finality of decision. Decisions/resolutions/orders of the Office of the President

shall, except as otherwise provided for by special laws, become final after the lapse of fifteen
(15) days from receipt of a copy thereof by the parties, unless a motion for reconsideration
thereof is filed within such period. Only one motion for reconsideration by any one party shall be
allowed and entertained, save in exceptionally meritorious cases.

SECTION 15. Executory nature of decision. Notwithstanding an appeal or petition for review
of the decision/resolution/order of the Office of the President to the Court of Appeals or the
Supreme Court, the decision/resolution/order of the Office of the President is executory and the
records will be remanded to the department or agency where the case originated, unless the
Court of Appeals or the Supreme Court issues an order staying the execution of the
decision/resolution/order.

SECTION 16. Withdrawal of appeal. An appeal may be allowed to be withdrawn at any time
prior to the promulgation of a decision/resolution/order of the Office of the President on the
appeal, except when public interest is prejudiced thereby. Upon the approval of the withdrawal
of an appeal, the case shall stand as if no appeal had ever been taken.

SECTION 17. Delegation of authority. (1) Unless otherwise ordered in writing by the
President, the Executive Secretary is authorized to decide and sign decisions/resolutions/orders
in appealed cases. Where exigencies arise, the Executive Secretary may in writing temporarily
designate the Deputy Executive Secretary for Legal Affairs or any Deputy Executive Secretary
to decide and sign decisions/resolutions/orders in appealed cases.

(2) Unless otherwise ordered in writing by the President or the Executive Secretary, the Deputy
Executive Secretary for Legal Affairs may sign resolutions and orders which: (a) are
interlocutory in nature; (b) dismiss appeals filed out of time or over which the Office of the
President has no jurisdiction; (c) dismiss appeals on mutual agreement of the parties, or which
have been withdrawn; and (d) declare a decision/resolution/order in an appealed case as final
and/or executory, and remanding the case to the relevant department or agency.

SECTION 18. Limitation on appeals. Appeals from decisions/resolutions/orders of the

Department of Justice shall continue to be limited to those involving offenses punishable by
reclusion perpetua to death in accordance with MC No. 58 (s. 1993).

SECTION 19. Application of Rules of Court. The Rules of Court shall apply in a suppletory
character whenever practicable and convenient.

SECTION 20. Repealing clause. AO No. 18, as amended, is hereby repealed, and any other
executive order, rule or regulation or any part thereof inconsistent with this Administrative Order
is hereby modified and/or amended accordingly.

SECTION 21. Separability clause. If any provision or part of this Administrative Order is held
invalid or unconstitutional, the provisions not otherwise affected shall remain valid and
subsisting.

SECTION 22. Effectivity clause. This Administrative Order shall take effect fifteen (15) days
from publication in a newspaper of general circulation.

3) JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

- There is already a decision rendered by the administrative body.

How to enforce the administrative decisions?

- According to the law, the decisions of the administrative body are only enforceable in
the manner provided by the statute. It should be provided in the statute of the law
creating the administrative body how decisions will be enforced.
- Absence of these provisions, the decisions of the administrative body cannot be
enforced.
METHODS OF ENFORCEMENT OF ADMINISTRATIVE DECISIONS/DETERMINATIONS
1. Investigation
- Comprise of flow or gathering of facts, organization, and the analysis of evidence
- In lined with quasi judicial power which is the investigatory or inquisitorial powers
of the administrative body.
- Investigatory power consists of the power to inspect, to secure or to require
disclosure of information by means of accounts records or anything that will help
the quasi-judicial body.
- However, this investigative power is not implied, it must be conferred. Most
administrative bodies are conferred with investigative powers because the admin
bodies exercise regulatory powers

What is inclusive in investigative power? (ISII)

- The quasi-judicial body can issue subpoenas (Subpoena duces tecum and subpoena ad
testificandum)
- Swearing of witnesses
- Interrogation of the witnesses
- Inspection of premises and books

(Investigative power must be conferred even if it is not in relation to the exercise of quasi-judicial
powers.)

The quasi-judicial body also in order to enforce their decisions, their quasi-judicial powers, they
have the power to summon and examine witnesses. But this power to summon witnesses
does not include the power to compel a witness to testify because when you compel you
already impose sanctions.

Comparing it with the regular courts, when a court issued a subpoena ad testificandum the
witnesses to appear, otherwise that witness can be held liable for contempt of court or for not
following the order of the court.

Can a quasi-judicial body exercise the power to compel a witness to appear?

 - Yes, but it must be conferred. It must be clearly conferred by the statute that a particular
quasi-judicial body has the power to compel witnesses to appear before it. Otherwise, it
cannot compel a witness.

POWER TO SUBPOENA
1. Subpoena duces ticum - refers to the production of evidence
2. Subpoena ad testificandum - the power to summon witnesses to testify before the body

The power to subpoena a quasi-judicial body is an aid of its investigative power because if there
is no power to subpoena then the investigative power will not prosper.

The power to subpoena of witness to appear is different from a warrant.

WARRANT - it is issued by the court that must state the specific charge which is being filed
against the person against whom the warrant was issued.
POWER TO SUBPOENA - it can only be general and only state the purpose why you are
being summoned to appear or bring the documents. The specific charge may not be
indicated in the subpoena. What is important in subpoena is the PURPOSE why it is being
issued. In general, the purpose of subpoena is to DISCOVER EVIDENCE but not to prove
pending charges.

REQUIREMENTS FOR VALIDITY OF SUBPOENA

- it must be within the authority of the agency
- The demand is not too indefinite
- The information must be reasonably relevant to the issue at hand. Ex. BIR - the
information should be related to tax violation

RIGHT AGAINST SELF INCRIMINATION

- The person’s right not to be compelled to be a witness against himself.

When/How should a subpoena be issued?

1. Either of the parties can request the quasi-judicial body to issue a subpoena against
any person in relation to the labor dispute (if labor issue)
 2. The labor arbiter on its own initiative (if he feels that the testimony or those
documents are very relevant to the issue at hand) can also issue subpoena even
without the request of any of the parties.

Can subpoena powers be delegated?

- No, it cannot be delegated.
- EXCEPTION: if there is an express statutory authority to delegate the power to
subordinates otherwise only the members of a quasi-judicial body can issue subpoena.

Why can it not be delegated?

- Because it will open avenues for oppression and also a statute or a provision in the
law is required that it should be conferred because so that we can avoid indiscriminate
delegation

2. Summary Action or summary power for enforcement

- To secure prompt performance of obligations of the government

3. Imposition of administrative sanctions

- LTO - can issue revocation of licenses or if the driver is delinquent the LTO can
already refuse to renew the driver’s license
- Refuse to grant clearance papers
- Seizure and sale of destruction of property
- Rejection of the applicants
- Suspension or expulsion
- Imposition of administrative fines and forfeitures but they cannot issue a sanction
of imprisonment

Can an administrative agency be allowed to enforce its own decisions?

- If the sanction or penalty determined by the administrative body is only civil in character
and not criminal, the administrative agency can enforce its decisions.
- If it involves penal sanctions or criminal in character the administrative agency cannot
enforce its decisions it should be course through the regular courts so the quasi-judicial
body or admin body can seek the help of the regular court by filing the merit necessary
 petition so that they will be able to implement or enforce the sanctions which is penal in
character.

Are fines and forfeitures criminal in character or penal sanctions?

- No, fines and forfeitures are classified as merely civil and remedial not criminal so an
admin body can enforce it.

4. Judicial Actions/Review
- It involves any matter which arises when such actions is brought into question
before the court
- Role of court : Merley an accommodation of the administrative process
- General rule: only appropriate if it is granted by the statute
- Sometimes it is within the general powers of the regular court and there is no
progression which precludes judicial review.
- A judicial review can be brought only if there is a justiciable right or a right which
a court may enforce

When is judicial review proper?

4 ISSUES:
- Lack of jurisdiction
- Grave abuse of discretion
- Error of law
- Fraud

Is judicial review considered a trial de novo?

- No the court can’t retry but only review the rulings and basis of admin body because a
judicial review is not a trial de novo
PRE FINALS

There’s already a Decision rendered by the AB

How to enforce the ADMIN DEcision

: The decisions are only enforceable by the statute- the absence of this, deem it unenforceable

4
Investigation- the part where a method comprises the gathering, compiling of facts, organization
and analyzation of evidence.- IN line with investigative powers(conferred, not implied)
-includes: the power to issue subpoena
Swearing of witnesses
Interrogation of witnesses
Inspection of premises and books
Can a quasi judicial body execute agdhjfksalf
-yes but it must be clearly conferred by the statute, otherwise, a witness cannot be compelled
right against self incrimination
“no person shall be compelled to be a witness against himself.”
Summary Action

Imposition of admin sanction

Judicial Action

Judicial REview

Involves any matters when such action is questioned

Role of the court- to accommodate judicial process

Sources of Judicial Review

1.Law
2. Statutes
3. General Decisions of Public Law

Can there be judicial review w/out expressed grant?

Yes

When is judicial review proper?

WHen there is
LAck of jurisdiction- bc admin body cannot decide a certain party is criminally liable_ no
jurisdiction. Ex: labor case, employee-employer relationship- went to labor arbiter. If the real
issue is about the loan between parties, then one can go to the court, no longer to exhaust--
then regular courts wherre the case is filed

When there is fraud or collusion

Exhaustion of administrative remedies- means u have first to go through admin procedure b4 to

initiate judicial action
Reason:
1. Law prescribes procedure
2. It is practical, it gives chance the agency to correct their errors
3. Reasons of committee and convenience

Exceptions:
Purely legal question, no facts to consider. w/or not the law applied was proper
Lack of jurisdiction, bc admin body cannot decide a certain party is criminally liable_ no
jurisdiction. Ex: labor case, employee-employer relationship- went to labor arbiter. If the real
issue is about the loan between parties, then one can go to the court, no longer to exhaust--
then regular courts wherre the case is filed
More faster if admin body decides the question- there could be unreasonable delay,then admin
body remedy pede na dae iexhaust

If si exhaustion of remedies daa nagfile na si employer sa court ano na daa gigibuhon kang
employee
-the court will now have jurisdiction and the other party may file a motion to dismiss based on
lack of cause of action
kung na violate daa si exhaustion of remedies, anong grounds for dismissal
-lack of cause of action poooo

subpoena powers regarding sa delegation sa subordinates

judicial review
tas itong ano daa sanctuons na pwede ibigay sakin ng admin body

yung same sa doctrine of exhaustion kung ano raw yung ground for dismissal if hindi nasunod

2 conditions before the case mabring sa regular courts

-final judgment
-notice of appeal /exhaustion

. What right can a person invoke kung ayaw niyang magtestify sa subpoena?
-Right to self- incrimination saka Right not to testify against oneself ata
do all admin bodies have the authority to subpoena