Nizza Butiu (Atty. Ostrea)

ADMINISTRATIVE LAW
REVIEWER
Atty. Ostrea
CHAPTER 1: INTRODUCTION E. DISTINGUISHED FROM INTERNATIONAL LAW
A. CONCEPT OF ADMINISTRATIVE LAW Administrative Law International law
• Admin Law belongs to the field of public law1
• Entire system of laws under which the machinery of the State works and by which Lays down the rules which shall Cannot be regarded as binding
the State performs all government acts guide the officers of the upon officers of any government
• All laws that regulate or control the administrative organization and operations of administration in their actions as considered in their relation to their
the government, including the legislative and judicial branches (not including agents of the government own government, except insofar as
exercise of purely legislative and purely judicial functions, unless it is judicial it has been adopted into the
review of admin acts) administrative law of the state
• Purpose: Regulates private rights
• That part of the law which governs the organization, functions, and procedures of
administrative agencies of the government to which quasi-legislative powers are F. DISTINGUISHED FROM CONSTITUTIONAL LAW
delegated and quasi-judicial powers are granted, and the extend and manner to Administrative Law Constitutional Law
which such agencies are subject to control by the courts.
Gives and carries out the general Prescribes the general plan or
B. SCOPE OF ADMINISTRATIVE LAW plan in its minutes details framework of governmental
Embraces not only the law that governs administrative authorities (Constitution, organization
statutes, judicial decisions, appropriate principles of justice and equity in particular
cases), but also the law made by AAs (rules, regulations, orders, decisions) Treats individuals from the Treats the rights of the individual’
standpoint of the powers of the lays stress upon the rights
C. MEANING OF ADMINISTRATIVE AUTHORITIES government; emphasizes the
All those public officers and organs of the government that are charged with the powers of the government and
amplification, application, and execution of the law, except Congress and regular duties of the citizen
courts
Indicates to individuals, remedies Prescribes limitation on powers of
D. CONCERNS OF ADMINISTRATIVE LAW for the violation of their rights the government to protect the rights
1. Private rights- Protection of private rights of individuals against abuse in their
2. Delegated powers and combined powers- Officers and agencies exercise exercise
delegated powers. This results from a fusion of different types of
governmental powers in certain public officers which are part of the G. DISTINGUISHED FROM CRIMINAL LAW
executive branch of the government including a coercive power over
individuals, since the exercise of this type of power by this type of officer Administrative Law Criminal Law
runs afoul of the fundamental and traditional principle of separation of
powers Administrative rules can be Consists of body of penal sanctions
protected or enforce by penal which are applied to all branches of
sanctions, but are not divested of the law, including admin law
their administrative character
1 Branch of law which regulates the relations of the state with its subject.
ADMIN LAW | OSTREA 2 of 24
H. DISTINGUISHED FROM LAW OF PUBLIC ADMINISTRATION 3. As to its applicability:
1. General administrative law: Of general nature and common to all, or most,
Administrative Law Law of Public Administration AAs. It is chiefly, but not exclusively procedural law (ie. due process,
doctrine of exhaustion of administrative remedies)
Refers only to the external aspect Has to do with the practical 2. Special or particular administrative law: Pertains to a particular agency.
of public administration; narrower management and direction of the Proceeds fro the particular statute creating such agency. Most substantive
branch but constitutes bulk of law various organs of the State and the administrative law falls within this group, and those procedural rules to be
of public administration execution of state policies by the applied only by a given agency in cases falling under its jurisdiction
executive and administrative
officers entrusted with such K. ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
functions. 1. Recognition given as a distinct category of law: Only in the last few
decades with the rapid expansion of AAs and their increased functions that
I. PRINCIPAL SUBDIVISIONS OF ADMINISTRATIVE LAW a substantial body of jurisprudence has developed in the field and general
1. In general: Examined in its internal or external aspect recognition has been given to it as a distinct category of law
• Law of Internal Administration: Treats of the legal relations between the 2. Multiplication of government functions: As modern life became complex,
government and its administrative officers, and of the legal relations that one the subject of government regulations correspondingly increased, which, in
administrative officer or organ bears to another turn, caused a multiplication of government functions, necessitating an
• Considers the legal aspects of public administration on its institutional side enormous expansion of public administration.
(as a going concern) 3. Growth and utilization of AAs: Administrative law developed as the natural
2. Law of external administration: Legal relations between administrative accompaniment of the growth of AAs and their utilization in response to the
authorities and private interests. Four parts: needs of a changing society. One thrust of the multiplication of AAs is that
1. A survey of those powers and duties of administrative authorities that relate the interpretation of certain contracts and agreements and the
directly to private interests determination of private rights under them is no longer a uniquely judicial
2. An analysis of the scope and limits of such powers function exercisable only by our regular courts.
3. Some account of the sanctions attached to, or the means of enforcing, 4. Fusion of different powers of government in AAs:
official determination; 1. Extensive investigation, rule-making, and adjudicating powers
4. Examination of the remedies against official action 2. Vested with power to promulgate rules and regulations to better carry
out some legislative policies, and to decide on controversies within the
J. CLASSIFICATION OF ADMINISTRATIVE LAW scope of their activities
1. As to source: Draws a line between the law that governs or controls them, and 5. A law in the making
that which is made by AAs 6. Philippine Administrative Law: Substantial part derived from American and
1. The law that controls AAs: Constitution, statutes, judicial decisions, Eos of English jurisprudence on this branch of law. It merely has persuasive effect,
the President, AOs of administrative superiors to administrative but not controlling.
subordinates
2. Law made by AAs: Both general regulations and particular determinations. L. SCOPE OF THE ADMINISTRATIVE PROCESS
It constitutes delegation of power embodied in statutory administrative law. • Scope includes the whole of the series of acts of an AA whereby the legislative
1. Examples: Presidential proclamations under flexible-tariff clause, rules delegation of a function is made effectual in particular situations
of practice and decisions of administrative tribunals, cease-and-desist
orders of SEC M. ADVANTAGES OF THE ADMINISTRATIVE PROCESS
2. As to its purpose: 1. Advantages of AAs as compared with executive action: It, where practicable,
1. Adjective or procedural administrative law: Establishes the procedure insures greater uniformity and impersonality of action.
which an agency must or may follow in the pursuit of its legal purpose. 2. Limitation upon the powers of the Courts
Derived from Constitution, statute, or agency regulations 3. Trend toward preventive legislation: The mere existence of other laws such as
2. Substantive administrative law: Derived from same sources under adjective criminal law and law on torts and contracts sometime do not have enough
law, but differ in contents since this establishes primary rights and duties. deterrent effect, that the only thing they can do is to indemnify the person AFTER

the damage has been done. Thus, the desire for more effective and flexible 3. To lend powers of the court to the proper attainment of the valid objectives
preventive remedies has been a factor for the creation of many AAs. of the administrative agency; and
4. Limitations upon effective legislative action: There are limitations inherent in 4. To leave the legislature or the people the remedy for administrative action
the legislative process which make it a practical impossibility for Congress to do which may be unwise or undesirable but within the lawful powers of the
all things it theoretically can do. Thus, delegation of rule-making power to AAs. agency. Courts are not advisers of AAs
5. Limitations upon exclusive judicial enforcement: A single AA can assume
responsibility for the enforcement of policies and can develop, subject to judicial P. A D M I N I S T R AT I O N O F G O V E R N M E N T D I S T I N G U I S H E D F R O M
review, uniform policies in the carrying out of such responsibility. ADMINISTRATION OF JUSTICE
6. Advantages of continuity of attention and clearly allocated responsibility: AAs
Administration of government Administration of justice
have the time and facilities to become and remain continuously informed, and
they can be given unified responsibility for effectuating broader policies laid
down by Congress. Administrative officers Judicial officers
7. Need for organization to dispose of volume of business and to provide the
necessary records Work done is not necessarily, or Work done consists in the
even often, the result of any decisions of controversies between
N. CRITICISMS AGAINST ADMINISTRATIVE ACTION controversy and is not merely individuals and government
1. Tendency towards arbitrariness dependent on the solution of the officers, as to the applicability in the
2. Lack of legal knowledge and aptitude in sound judicial technique question “what is the law” but also case of a particular rule of law
3. Susceptibility to political bias or pressure, often brought about by uncertain a result of consideration of
tenure expediency
4. A disregard for the safeguards that insure a full and fair hearing
5. Absence of standard rules of procedure suitable to the activities of each agency; Q. ADMINISTRATION AS A SEPARATE POWER
and 1. As a function: Administration is the execution of the law or will of the State as
6. A dangerous combination of legislative, executive, and judicial functions expressed by the competent authority. It may be external or internal
• Combined power is given to AAs to allow them to more expeditiously develop and 1. In the proper and narrow sense, it is the activity of the executive officers of
enforce policies, but it also allows them to act more arbitrarily to use ad hoc the government.
solutions and sanctions rather than solutions and sanctions formally prescribed 2. It also had to do with the carrying of laws into effect
by standing laws. 2. As an organization: “The administration” is that group or aggregate of persons
in whose hands the reins of government are for the time being. It is the entire
O. RELATION BETWEEN ADMINISTRATIVE AGENCIES AND COURTS administrative organization extending from the Chief Executive down to the
1. Collaborative instrumentalities of justice most humble of his subordinates.
2. Role of Courts:
1. Accommodate the administrative process to the traditional judicial system R. ADMINISTRATION AS AN ORGANIZATION DISTINGUISHED FROM
2. To accommodate private rights and the public interest in the powers GOVERNMENT
reposed in AAs; and • Government: refers to that institution or aggregate of institutions by which an
3. To reconcile in the field of administrative action democratic safeguards and independent society makes and carries out those rules of action which are
the standards of fair play with the effective conduct of government necessary to enable men to live in a civilized state, or which are imposed upon the
3. Discharge of judicial role: people forming that society by those who possess the power or authority of
1. To maintain the Constitution by seeing that powers are not unlawfully prescribing them
vested in AAs and to maintain the constitutional and statutory rights of • Administration: Refers to the aggregate of those persons in whose hands the
persons by seeing that powers lawfully vested are lawfully exercised but reins of government are entrusted by the people for the time being.
without abdicating their judicial responsibility
2. Give due deference to the role of AAs, and not to usurp or unwarrantedly
limit the powers and functions lawfully vested in them

CHAPTER 2: NATURE AND ORGANIZATION OF ADMINISTRATIVE Performs a variety of functions Performs only one function- judicial
AGENCIES
I. STATUS AND CHARACTERISTICS Uses a varying degree of discretion More or less governed by fixed
A. CREATION, REORGANIZATION, AND ABOLITION OF ADMINISTRATIVE in arriving at decisions and often rules in arriving at its decisions and
AGENCIES proceeds without being bound by bound by the rules that no final
1. In general: Some AAs are created by or receive their powers from the technical rules of evidence or adjudication is to be made until
constitutional provisions which may be self-executing, but most are from procedure after due notice to the parties with
legislative enactments. Aside from Congress, the Executive may also create opportunity for a full and fair
AAs, especially investigative agencies and particularly under statutes so hearing
providing.
• Duly executed acts of AA can have valid effects even beyond the life span D. STATUS AND CHARACTER OF PARTICULAR ADMINISTRATIVE AGENCIES
of said agency
1. As public or governmental agencies: They represent no private interests of
2. Administrative agencies of statutory origin: These agencies are subject to
their own, but functioning or acting within the scope of their authority for
expansion or contracting of their powers and functions, or to reorganize or
and on behalf of the government.
abolition at the will of Congress, hamstrung only by constitutional
2. As judicial bodies or courts: They are not courts or judicial bodies or
limitations.
tribunals in the strict sense. AAs cannot exercise purely judicial functions,
• Congress has vested power in the president to reorganize executive they do not have inherent powers of a court (see case on power of certiorari
agencies and redistribute functions (See Pichay v ODESLA), and to
as inherent to judicial function), are not bound in their proceedings by all
particular transfers under such statutes have been held to be within the
rules applicable to court proceedings. However, while not directly so, AAs
authority of the President
exercise adjudicatory powers in the broad sense. The functions of an AA are
• Congress can delegate the power to create positions. This has been primarily regulatory even if it conduct hearings and decides controversies to
settled by decisions upholding the validity of reorganization statutes
carry out its duty, as compared to courts whose primary duty is to
authorizing the President to create, abolish, or merge offices in the
adjudicate upon and protect the rights and interests of private parties.
executive department. Well-settled is the rule that reorganization is
3. As legislative or executive agencies: AAs may be said to be arms and
regarded as valid provided it is pursued in GOOD FAITH
instrumentalities of the legislative branch of the government, and may
perform functions of a legislative or quasi-legislative character, although
B. MEANING OF ADMINISTRATIVE AGENCY
they are without legislative power in the strict sense
• Used to generally describe an agency exercising some significant
• They may also be viewed as part of the executive branch, especially
combination of executive, legislative, and judicial powers
competent to deal with matters within the scope of their authority by
• Under the Admin Code, the term “agency of the Government” is used to refer reason of experience, information, and careful study.
to any of the various units of the Government, including a department, bureau,
4. As independent or subordinate bodies: The term AA or commission is often
office, instrumentality, or GOCC, or a local government or a distinct unit
used either to designate an agency independent of the executive branch or
therein.
one not subject to s superior head of department (CSC, COMELEC, COA) in
• “National agency” refers to a unit of the national Government, and “Local contradistinction to subordinate, the latter term applied to a body whose
agency” refers to a local government or a distinct unit therein
actions are subject to administrative review or revision
5. As corporate bodies of legal entities: Some AAs are bodies corporate with
C. ADMINISTRATIVE AGENCY OR BODY AND COURT; DISTINGUISHED
legal capacity to sue and be sued in courts (BSP)
Administrative agency or body Courts
E. MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES
Generally a large organization A tribunal which is presided by one 1. Size
staffed by men who are deemed to or more jurists learned in the law 2. Specialization
be something of experts in their 3. Responsibility for result: A particular AA is charged by Congress with
particular fields accomplishing a particular statutory end.

1. Productive attitude towards issues: The various agencies taken H. TYPES OF AAs (AAs may fall under more than one type)
together are charged with responsibility for making good to people a 1. Those created to function in situations wherein the government is offering
major part of the ends of democratic governments. This means that some gratuity, grant, or special privilege.
they cannot take a wholly passive attitude towards the issues which 1. Examples are: Philippine Veterans Administration (PVA), GSIS, SSS,
come before them. Unlike courts, they cannot sit passively until some Public Attorney's Office,Philippine Medical Care Commission (PMCC)
plaintiff takes initiative, nor can they take a purely neutral approach 2. Those set up to function in situations wherein the government is seeking
towards accomplishing the task they are charged with to carry on certain functions of government.
• The problem with AAs is the combination of powers delegated to them; 1. Examples are: Bureau of Internal Revenue (BIR), Bureau of Customs,
the problem of combining prosecution and adjudication in the same Bureau of Immigration, Land Registration Authority and most
agency; the problem of combining its responsibility for effective administrative agencies;
enforcement of public policy with fair play to the private interests 3. Those set up to function in situations wherein the government is
which are regulated performing some business service for the public.
4. Variety of administrative duties 1. Examples are: Philippine Postal Corporation, Philippine National
Railways, Metropolitan Waterworks and Sewerage Authority,
F. CONSEQUENCES OF CHARACTERISTICS Government Telephone System, National Electrification Administration,
• Each of the 4 characteristics of AAs to a greater or lesser degree, in turn, National Food Authority, National Housing Authority
contributes to, and necessitates, a highly important characteristic of 4. Those set up to function in situations wherein the government is seeking
administrative procedure: delegation of function and authority to regulate businesses affected with public interest.
• The large staff of an agency, the many duties which the agency is called upon 1. Examples are: Insurance Commission, Bureau of Air Transportation;
to perform, the necessity of harmonizing its affirmative responsibility for Land Transportation Franchising and Regulatory Board (LTFRB), Energy
results with its equally important duty of deciding correctly as between the Regulatory Board, Bureau of Mines and Geo- Sciences, National
parties in each particular case— thus calls for an allocation of functions Telecommunications Commission, Housing and Land Use Regulatory
among the members and staff of the agency Board (HLURB),
• For it becomes obvious at once that the major work of the heads of an agency 5. Those set up to function in situations wherein the government is seeking
is normally supervision and direction. They cannot themselves be specialists under the police power to regulate private businesses and individuals.
in all phases of work, but specialists must be immediately available to them— 1. Examples are: Securities and Exchange Commission (SEC), Movie and
delegation of function and authority be a predominant feature of their Television Review and Classification Board (MTRCB), Games and
organization and procedure. Amusement Board (GAB), Dangerous Drugs Board (DDB), Bureau of
Trade Regulation and Consumer Protection (BTRCP), etc.;
G. DELEGATION OF FUNCTION AND AUTHORITY 6. Those agencies set up to function in situations wherein the government is
1. Types of delegation: seeking to adjust individual controversies because of some strong social
1. Delegation of internal management; policy involved.
2. Delegation of authority to dispose of routine matters; 1. Examples are: National Labor Relations Commission (NLRC),
3. Delegation of authority to dispose of matters informally, or to initiate Employees Compensation Commission (ECC), Social Security
formal proceedings; and Commission, Securities and Exchange Commission (SEC), Department
4. Delegation of authority and function in formal proceedings: Includes of Agrarian Reform (DAR), Commission on Audit
delegation of authority to conduct formal hearings
2. Degree of delegation II. ADMINISTRATIVE ORGANIZATION
1. the statement by agency heads of policies which have crystallized for A. DISTRIBUTION OF POWERS OF GOVERNMENT
routine application by subordinates; 1. Administrative Organization: Administrative structure of the government
2. consideration by agency heads of cases in which the application of including its political subdivisions and the allocation of powers, functions,
established policy is difficult, or in which policy has not crystallized; and and duties to its various units or agencies.
3. the requirement of weekly or even daily reports to agency heads. • Traditional branches: Legislative power, Executive Power, and Judicial
Power

• Special bodies or agencies: Three independent Constitutional 3. Transfer agency under the Office of the President to any other
Commissions (CSC, COMELEC, COA, CHR, Office of the OMB, etc) department or agency as well as transfer agencies to the Office of the
President from other departments or agencies.
B. ORGANIZATION OF THE OFFICE OF THE PRESIDENT (OP Proper and
agencies under it) C. ORGANIZATION OF DEPARTMENTS
1. OP Proper: • Department: refers to an executive department created by law. For purposes
1. Private Office: attend to functions and matters that are personal or of Book IV, this shall include any instrumentality2, as herein defined, having or
which pertain to the First Family; assigned the rank of a department, regardless of its name or designation.
2. Executive Office: refers to the Office of the Executive Secretary, Deputy (Admin Code)
Executive Secretaries, and Assistant Executive Secretaries. The ES 1. Number, purpose, and decentralization
shall, subject to control and supervision of the President, carry out its • Shall have such Departments as are necessary for the functional
functions under the law and other functions as may be delegated by the distribution of the work of the President and for the performance of their
President functions;
3. Common Staff Support System: offices or units under the general • Bureaus and offices under each Department shall be grouped primarily on
categories of development and management, general government the basis of major functions to achieve simplicity, economy and efficiency
administration and internal administration 2. Department proper
4. Presidential Special Assistants/Advisers System: provide advisory or • Unless otherwise provided in the Code or by law, the Department proper
consultative services to the President in such fields and under such shall include the Office of the Secretary and the staff units directly under it.
conditions as the President may determine. • Office of the Secretary consists of the Secretary and Undersecretary/ies,
2. Agencies under the OP: Those offices: together with the personnel in their immediate offices
1. Under the chairmanship of the President, • Every Secretary assisted by such number of Undersecretaries as may be
2. Under the supervision and control of the President, provided by Code or law
3. Under the administrative supervision of the Office of the President, • In the absence of special provisions, the major staff units of each
4. Attached to it for policy and proper coordination, and department shall be the services which shall include: the Planning Service,
5. That are not placed by law or order creating them under any special the Financial and Management Service, the Administrative Service, and
department. when necessary, the Technical and the Legal Services.
3. The President, subject to the policy in the Executive Office and in order to 3. Jurisdiction over bureaus, etc: Each Department shall have jurisdiction over
achieve simplicity, economy and efficiency, shall have continuing authority bureaus, offices," regulatory agencies and government corporations
to reorganize the administrative structure of the Office of the President. assigned to it by law, in accordance with the applicable relationships as
1. Restructure the internal organization of the Office of the President defined in Chapters 7, 8, and 9 of the Admin Code.
Proper, including the immediate Offices, the Presidential Special 4. Assignment of offices and agencies, etc: The President shall, by executive
Assistants/Advisers System, and the Common Staff Support System, order, assign offices 3 and agencies not otherwise assigned by law to any
by abolishing, consolidating or merging units thereof or transferring department, or indicate to which department a government corporation or
functions from one unit to another; board may be attached.'
2. Transfer any function under the Office of the President to any other
Department or Agency as well as transfer functions to the Office of the D. SECRETARIES, UNDERSECRETARIES, AND ASSISTANT SECRETARIES
President from other Departments and Agencies; and • Secretary is given authority and responsibility for the exercise of mandate of
the department and for the discharge of its powers and functions
2Instrumentality refers to an agency of the National Government, not integrated with the department framework vested with special functions or jurisdiction by law, endowed with some if not all
corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or
controlled corporacial charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary
authority of the State.
3Office refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied
by individual persons, whose functions are defined by law or regulation.
• Secretary has power of supervision and control 5. consistent with law, rules and regulations, prescribe the form and fix the
• Undersecretary shall, among others, advise and assist the Secretary in the amount of all bonds executed by private parties to the government under
formulation and implementation of department objectives and policies. In the the laws pertaining to his bureau or office.
absence, inability, or vacancy of the office of the Secretary, he temporary 6. Prescribe forms and issue circulars or orders to secure the harmonious and
discharges his duties, unless otherwise provided by law efficient administration of his bureau or office. Penalties shall not be
• Assistant Secretary performs duties and functions as provided by law and as prescribed in any circular or order for its violations, unless expressly
given him by the Secretary allowed by law
7. issue orders regarding the administration of its internal affairs for the
E. DEPARTMENT SERVICES guidance of or compliance by its officers and employees;
• General rule: Each Department to have the following Department Services: • Bureaus are either staff or line
1. Planning Service: economical, efficient and effective services relating 1. Staff: Primarily perform policy, program development and advisory
to planning, programming, and project development, etc as provided by functions. It shall avail itself of the planning, financial and administrative
law. services in the department proper, if circumstances so warrant.
2. Financial and Management Service: • Director of staff bureau shall:
3. Administrative Service: economical, efficient and effective services (a) Advice and assist Office of Secretary on matters pertaining to Bureau’s
relating to personnel legal assistance, information, records, delivery area of specialization
and receipt of correspondence, supplies, equipment, collections, (b) Provide consultative and advisory services to regional offices of
disbursement, security and custodial work. department
4. Technical Service (c) Develop, plans, programs, operating standards, and techniques for
5. Legal Service: provided where the operations of the department involve attainment of objective and function of bureau
substantial legal work, in which case, the Administrative Service shall (d) Other duties as provided by law
not have a Legal Division. If not need for a Division, there shall be one 2. Line: directly implement programs adopted pursuant to department policies
or more legal assistants in the Office of the Secretary. and plans. It may have staff units, as may be necessary, corresponding to
• Exception: Otherwise provided by law the services of the department proper
• Director of line bureau shall:
F. ORGANIZATION OF BUREAUS (a) Exercise supervision and control over all divisions and other units,
• Bureau: any principal subdivision or unit of any department. For purposes of including regional offices, under the bureau;
Book IV, this shall include any principal subdivision or unit of any (b) Establish policies and standards for the operations of the bureau
instrumentality given or assigned the rank of a bureau, regardless of actual pursuant to the plans and programs of the department;
name or designation, as in the case of department-wide regional offices. (c) Promulgate rules and regulations necessary to carry out bureau
• Each bureau to be headed by a Director who may have one or more Assistant objectives, policies and functions; and
Directors as provided by law. (d) Perform such other duties as may be provided by law.
• It may have as many divisions as provided by law for efficient performance of
its functions G. ORGANIZATION OF FIELD OFFICES
• Powers and duties of heads of bureaus: 1. Regional Offices: Established according to law defining field services area.
1. Shall exercise overall authority in matters within the jurisdiction of the • The administrative regions shall be composed of the National Capital Region
bureau, office or agency, including those relating to its operations, and and Regions I to XII.
enforce all laws and regulations pertaining to it; • Provincial and district offices may be established only by law whenever
2. appoint personnel to all positions in his bureau or office, in accordance with necessary.
law. In case of line bureau or office, he shall also appoint second level 2. Administration: Headed by a Regional Director who may be assisted by one
personnel of the regional offices, unless such power has been delegated. Assistant Regional Director, except as may be provided by law
3. Have authority to discipline employees in accordance with Civil Service Law 3. Supervision: under the supervision and control of the department proper or
4. Designate assistant head to act as chief of any division or unit within the line bureau concerned. The staff bureau or division shall perform primarily
organization, in addition to his duties, without additional compensation advisory or auxiliary functions and exercise in behalf of the department or
agency functional supervision over the regional offices.

4. Organization (c) the power to review, reverse, revise, or modify the decisions of
5. Functions: regulatory agencies in the exercise of their regulatory or quasi-judicial
(a) Implement laws, policies, plans, programs, rules and regulations of the functions.
department or agency in the regional area; 3. Attachment: lateral relationship between the department or its equivalent
(b) Provide economical, efficient and effective service to the people in the and the attached agency or corporation for purposes of policy and program
area; coordination. Coordination may be through:
(c) Coordinate with regional offices of other departments, bureaus and (a) Representation of department in the governing board of the attached
agencies in the area; agency or corporation, either as chairman or member, with or without
(d) Coordinate with local government units in the area; voting rights, if permitted by charter
(e) Perform such other functions as may be provided by law (b) Having attached corporation or agency comply with system of periodic
• District offices- Established in cases of clear necessity reporting
(c) Have the department or its equivalent provide general policies through
H. DEFINITION OF ADMINISTRATIVE RELATIONSHIP its representative in the board, which shall serve as framework for
1. Supervision and control: Control encompass supervision and control, unless internal policies of attached agency or corporation
a different meaning is explicitly provided in the law • Matters of day-to-day administration or those of internal operation left to
(a) act directly whenever a specific function is entrusted by law or discretion of executive officer of agency or corporation. In case of strong
regulation to a subordinate; disagreement between head of attached agency and Secretary is in
(b) direct the performance of duty; restrain the commission of acts; disagreement, and is unable to resolve such, matter may be brought up to
(c) review, approve, reverse or modify acts and decisions of subordinate President for resolution.
officials or units; • Attached GOCCs submit to Secretary of concerned department, their
(d) determine priorities in the execution of plans and programs; and audited financial statements within 60 days from close of fiscal year
(e) prescribe standards, guidelines, plans and programs. • Should the GOCC incur an operating deficit at the close of its fiscal year, it
2. Administrative supervision: Govern relationship between a department or its shall be subject to administrative supervision of the department; and the
equivalent and regulatory agencies or other agencies as may be provided by corporation's operating and capital budget shall be subject to the
law. It is limited to: department's examination, review, modification and approval.
(a) to generally oversee the operations of such agencies and to insure that
they are managed effectively, efficiently and economically but without I. POWERS AND FUNCTIONS OF DEPARTMENT SECRETARY
interference with day-to-day activities; 1. Advise the President in issuing executive orders, regulations, proclamations
(b) to require the submission of reports and cause the conduct of and other issuances, the promulgation of which is expressly vested by law
management audit, performance evaluation and inspection to in the President relative to matters under the jurisdiction of the Department;
determine compliance with policies of department 2. Establish the policies and standards for the operation of the Department
(c) to take such action as may be necessary for the proper performance of pursuant to the approved programs of governments;
official functions, including rectification of violations, abuses and other 3. Promulgate rules and regulations necessary to carry out department
forms of maladministration; and objectives, policies, functions, plans, programs and projects;
(d) to review and pass upon budget proposals of such agencies but may 4. Promulgate administrative issuances necessary for the efficient
not increase or add to them. administration of the offices under the Secretary and for proper execution of
• It shall not extend to: the laws relative thereto. These issuances shall not prescribe penalties for
(a) appointments and other personnel actions in accordance with the their violation, except when expressly authorized by law;
decentralization of personnel functions under the Code, except when 5. Exercise disciplinary powers over officers and employees under the
appeal is made from an action of the appointing authority, in which Secretary in accordance with law, including their investigation and the
case the appeal shall be initially sent to the department or its designation of a committee or officer to conduct such investigation;
equivalent, subject to appeal in accordance with law; 6. Appoint all officers and employees of the Department except those whose
(b) contracts entered into by the agency in the pursuit of its objectives, the appointments are vested in the President or in some other appointing
review of which and other procedures related thereto shall be governed authority. Where the Department is regionalized on a department-wide
by appropriate laws, rules and regulations; and

basis, the Secretary shall appoint employees to positions in the second level M. RELATIONSHIP OF GOCCs TO THE DEPARTMENT
in the regional offices as defined in the Administrative Code; • GOCCs: any agency organized as a stock or non-stock corporation, vested
7. Exercise jurisdiction over all bureaus, offices, agencies and corporations with functions relating to public needs whether governmental or proprietary
under the Department as provided by law and in accordance with the in nature, and owned by the Government directly or through its
applicable relationships as specified in Chapters 7, 8, and 9 of Book IV of instrumentalities either wholly, or, where applicable as in the case of stock
the Code (infra.); corporations, to the extent of at least fifty-one (51) per cent of its capital
8. Delegate authority to officers and employees under the Secretary's direction stock: Provided, That government-owned or controlled corporations may be
in accordance with the Code; and further categorized by the Department of the Budget, the Civil Service
9. Perform such other functions as may be provided by law. Commission, and the Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and responsibilities with
J. AUTHORITY OF DEPARTMENT SECRETARY respect to such corporations.
• The Secretary of a Department shall have supervision and control over the • Attached to the appropriate department with which they have allied functions,
bureaus, offices, and agencies under him, subject to the following guidelines: or as may be provided by EO, for policy and program coordination and general
1. Initiative and freedom of action on the part of subordinate units shall be supervision
encouraged and promoted rather than curtailed, and reasonable opportunity • At least 1/3 of the Members of the Board of such corporations should either
to act shall be afforded these units before control is exercised; be a Secretary, Undersecretary, or Assistant Secretary
2. With respect to functions involving discretion, experienced judgment or • NOTE: During their tenure, members of the Cabinet, and their deputies and
expertise vested by the law upon a subordinate agency, control shall be assistants (i.e., undersecretaries and assistant secretaries), are prohibited,
exercised in accordance with said law; and unless otherwise provided in the Constitution itself, from holding any other
3. With respect to any regulatory function of an agency subject to department office or employment (CONSTI, Art. 7 S13)
control, the authority of the department shall be governed by the provisions
of the Code. The Secretary's authority as provided above shall not apply to N. RELATIONSHIP OF REGULATORY AGENCIES OT THE DEPARTMENT
chartered institutions or government-owned or - controlled corporations • Regulatory agency: refers to any agency expressly vested with jurisdiction to
attached to the department. regulate, administer or adjudicate matters affecting substantial rights and
interest of private persons, the principal powers of which are exercised by a
K. DELEGATION OF AUTHORITY collective body, such as a commission, board or council.
• The Secretary or the head of an agency shall have authority over and • Subject to supervision of department under which they are placed, except
responsibility for its operation. He shall delegate such authority to the bureau when they are government corporations in which case they are governed
and regional directors as may be necessary for them to implement plans and under topic M.
programs adequately. • heads of regulatory agencies shall submit annually, for the approval of the
1. Delegated authority shall be to the extent necessary for economical, Secretary concerned, their budgets and work plans which shall be the basis of
efficient and effective implementation of national and local programs in their day-to-day operations.
accordance with policies and standards developed by each department or • may avail themselves of the common auxiliary and management services of
agency with the participation of the regional directors. the department as may be convenient and economical for their operations.
2. The delegation shall be in writing; shall indicate to which officer or class of
officers and employees the delegation is made; and shall vest sufficient O. MANDATES OF THE DIFFERENT DEPARTMENTS
authority to enable the delegate to discharge his assigned responsibility. • For mandate of each department, refer to page 52-58 of De Leon
L. LINE BUREAU AUTHORITY

• Supervision and control over their regional and field offices
• Regional and other field offices shall constitute the operating arm of the
bureau concerned for direct implementation of plans and programs drawn up
in accordance with approved policies

CHAPTER 3: POWERS AND FUNCTIONS OF ADMINISTRATIVE Constitution or specifically granted to them by their enabling statutes
AGENCIES and those as may be necessarily implied in the exercise thereof.
2. Powers within their jurisdiction broad and plenary: powers conferred
A. GENERAL MEANING OF POWERS AND FUNCTIONS on them must be commensurate with the duties to be performed and
the purposes to be lawfully effected.
• Function: That which one is bound or which it is one’s business to do
1. Only when power and authority manifestly abused that a court may
• Power: Means by which a function is fulfilled
interfere
B. SOURCE OF POWERS: 2. Persons dealing with administrative officers or agencies must take
1. Constitution notice of their authority to act and are charged with knowledge of
any limitation on their power
2. Laws
3. Power subject to Constitution, Law, or administrative regulation: AAs
• Not always come from a single source
not authorized to substitute its own judgment for any applicable law or
• Failure to exercise powers granted to administrative agencies does not
administrative regulation with the wisdom or propriety of which it does
forfeit or extinguish them
not agree, at least not before such law or regulation is set aside by the
C. SCOPE OF POWERS: authorized agency of the government.
1. Express and Implied Powers: Either expressed in Statutes or
Constitution and those necessarily implied in the exercise of its express E. WHAT CONSTITUTES ADMINISTRATIVE POWER OR FUNCTION
powers 1. Convenient rather than a technical term
1. Example: In the exercise of its express powers under its charter 2. Powers not explicitly legislative, executive, and judicial: An
administrative power has been said to be any power not explicitly
with respect to pollution cases, a regulatory and quasi-judicial body
allocated in the Constitution, although in its nature, legislative,
has power to issue an ex parte cease and desist order when there
executive, or judicial.
is prima facie evidence to establish that a business exceeds
3. Powers involve exercise of judgment and discretion: Regulatory and
allowable standards set by anti-pollution laws.
control powers of an administrative agency are frequently described as
• Statutes conferring powers on AAs must be liberally construed to
enable them to discharge their assigned duties in accordance with their "administrative" though judicial in nature. The power of an
legislative purpose administrative agency to make rules for the future is administrative,
2. Inherent powers: No inherent powers, although implied may be although legislative in nature, and the application of the law or such
sometimes spoken as inherent rules in particular cases is executive or administrative in nature
1. Example: In the absence of a provision of law, AAs do not possess
F. POWERS OF AAs CLASSIFIED:
inherent power to punish for contempt
1. As to nature:
2. Quasi-judicial powers: Unless expressly empowered, AAs are bereft
of quasi-judicial powers 1. Investigatory:
1. AAs enjoy presumption that they have regularly performed their 1. Scope: include the power of an administrative body to inspect
official functions or duties, including those which are quasi- the records and premises, and investigate the activities of
judicial in nature persons or entities coming under its jurisdiction,' or to secure,
or to require the disclosure of information by means of
D. NATURE OF POWERS: accounts, records, reports, statements, testimony of witnesses,
1. Jurisdiction limited: Possess limited jurisdiction, or purely production of documents, or otherwise
constitutional or statutory powers, and they possess only such powers 2. Some agencies act merely as investigatory of advisory bodies:
and authority as have been specifically conferred upon them by the Solely to secure and provide information or make
recommendations

3. As aid to other powers: use such investigative powers to absence of any statutory grant, for such power is inherently
inform themselves of particular situations to determine judicial in nature.
whether they should take further action, in the execution of 8. Not required to follow technical rules of procedure and
particular powers or duties, such as the determination or evidence:
adjudication of a particular matter (pwede gamitin investigatory 9. Right to counsel not imperative in administrative
powers in rule-making or quasi-judicial functions) investigations because inquiries are conducted merely to
4. Test to determine whether merely investigatory or exercises determine whether there are facts that merit disciplinary
judicial functions: if the only purpose for investigation is to measure against erring public officers and employees, with
evaluate evidence submitted before it based on the facts and the purpose of maintaining the dignity of government
circumstances presented to it, and if the agency is not service. Exclusionary rule under Section 12(3) of the Bill of
authorized to make a final pronouncement affecting the parties, Rights applies only to admissions made in a criminal
then there is an absence of judicial discretion and judgment investigation but not to those made in an administrative
(example is the Integrity Board or its successor, Presidential investigation
Complaints and Action Commission which was found to 10. Importance of Administrative investigations: Investigations
exercise merely investigatory functions since no power to are useful for all administrative functions, not only for rule-
adjudicate upon rights and obligations of parties before it) making, adjudication, and licensing, but also for
5. Scope and extent: exercised within the limits prescribed and prosecuting, for supervising and directing, for determining
bear a reasonable and legitimate relationship to the general general policy, for recommending legislation.
powers granted 2. Quasi-legislative or rule-making powers: power to make
1. Initiation of investigation: An AA may initiate an implementing or interpretative rules or regulations
investigation on a complaint or on its own motion. 1. Definition: Rule making is defined as the agency process of
2. Conduct of investigation: Investigations are usually, and formulating, amending, or repealing a rule
may properly be held in private. 2. Nature: To make rules and regulations. It necessarily includes
3. Inspection and examination: May be granted the power, for the power to amend, revise, alter, or repeal its rules and
specific purposes, to enter premises and inspect or regulations
examine such premises or things or operations therein, 3. Necessity: because of the impracticability of the lawmakers
particularly books and records. providing general regulations for various and varying details of
1. Fact-finding quasi-judicial body: LTO, meron siyang management. In order to adapt to the increasing complexity of
mga field agents and inspectors modern life and variety of public functions. As subjects for
4. Accounts, records, report, statements: Some agencies are government regulation multiply, so does the difficulty of
granted to have access to, for the purpose of examination, administering laws. Hence, specialization even in legislation
and the right to copy, any documentary evidence of any has become necessary
person being investigated or proceeded against." 4. Conditions: It is an exception to the rule on non-delegation of
5. Power to require attendance of witness, or put them under legislative power
oath may be granted to AAs even for purposes not quasi- 1. Completeness test: The statute is complete in itself, setting
judicial forth the policy to be executed by the agency
6. Hearing: Not necessary part of an investigation by an AA 2. Sufficiency of standards test: Said statute fixes a standard,
(di implied sa power of investigation) mapping out the boundaries of the agency's authority to
7. Contempt: An administrative body, however, cannot which it must conform
exercise its power to punish a person for contempt17 in the 3. Due process and equal protection considerations
4. Notice by way of publication and public hearing

5. Statutory requirements 1. Administrative rules may describe the general
6. Reasonableness discretionary policies to be followed by the agency. For
5. Binding force: Has the force and effect of law and binding on example, an agency given broad discretionary powers
the agency and all those dealing with such agency. in respect to the granting of licenses may formulate a
1. A regulation not adopted pursuant to law is no law and has statement of the conditions to be met in order to obtain
no effect of law license
6. Prospective/retroactive application: Principle that a statute 2. Characteristics:
operates prospectively only and not retroactively, unless the 1. The statute has delegated power to the agency to
legislative intent to the contrary is made manifest either by adopt the rule; and
express terms of the statute or by necessary implication 2. It provides that the rule shall, if within the delegated
applies also to AA rules power, have authoritative force
7. Limitations: 2. Interpretative: rule-making by the construction and
1. Not make rules and regulations inconsistent with interpretation of a statute being administered
Constitution, statutes especially the law which created it, or 1. test: Correctness
which are in derogation or, or defeat the purpose of a 2. those which purport to do no more than interpret the
statute statute being administered, to say what it means.
2. It may not, by its rules and regulations, amend, alter, modify, 3. It is performing a judicial function rather than a
supplant, enlarge or expand, restrict or limit the provisions legislative function.
or coverage of the statute as this power belongs to the 4. Interpretative regulations (in the absence of ratification
legislature by the legislature) have validity in judicial proceedings
3. Basic law > rule or regulation implementing it only to the extent that they correctly construe the
4. Must not be unfair or oppressive, partial or discriminatory, statute.
not prohibit but may regulate trade, not unreasonable 5. Administrative interpretation of laws entrusted to them
8. Rules and regulations of an administrative body or officer is entitled to great weight and respect but not
usually comprise those actions of such body or officer in which conclusive to the courts (advisory at best) [Example:
the legislative element predominates in that they establish a interpretation of Sec. of Finance of the word
pattern of conduct thereafter to be followed. On the other hand, “industries”]
some administrative regulations constitute nothing more than 6. Distinguished from legislative:
administrative opinions as to what a statute under construction Legislative Interpretative
means. Thus, regulations may be used in the sense of “rules” or
only in the sense of “interpretative regulations” May embody a new law Clarify or provide guidelines
1. Rules and regulations as distinguished from orders or
determinations Expressly granted May be implied
1. Orders/determination: actions in which there is more of
the judicial function and which deal with a particular Have behind them no statutory sanction
present situation
Valid rules have the same force as valid At best merely advisory, but given great
2. Rules or regulations: actions in which the legislative statutes; always subject to judicial weight
element predominates determination that they are erroneous
9. Kinds of rule-making powers:
1. Supplementary or detailed legislation: rule-making by
reason of particular delegation of authority;

No vested right can be acquired on a wrong construction of the law by 1. Must have been issued on the authority of law
2. Must not be contrary to law and Constitution
administrative officials and such wrong interpretation does not place the
3. Must be promulgated in accordance with the
government in estoppel to correct or overrule the same.
prescribed procedure;
3. Contingent legislation or determination: under delegated 4. Must be reasonable
power, whether a statute shall go into effect. 5. Prior notice in hearing (in some cases)
1. Congress may provide that a law (given the apt 7. Internal Rules and Regulations
name "contingent legislation") shall take effect 8. Administrative Rules and Regulations with Penal
upon the happening of future specified Provisions
contingencies leaving to some other person or 1. Law which authorizes the promulgation of such rules
body the power to determine when the specified must itself provide for imposition of penalty for
contingency has arisen. violation
2. Power to ascertain facts which are the basis of the 2. It must fix or define such penalty
law taking effects 3. The violation for which the rules and regulations
4. Presidential Ordinance Power impose a penalty must be punishable or made a crime
1. EOs: Rules of a general or permanent character under the law itself
2. MOs /AOs: matters of subordinate or temporary 4. The rules and regulations must be published int he
interest Official Gazette
3. Proclamations/Memo Circulars: relate to particular 9. Whether the rules, regulations, rulings can operate or shall
aspects of government operations operate retroactively depends on the provisions of the
4. Fixing a date or declaring a status or condition authorizing statutes.
5. Matters relating to internal administration 3. Determinative/Quasi-judicial or adjudicatory: Power to hear
Administative circulars Administrative Orders and determine or ascertain facts and apply the rule of law to the
ascertained facts
Prescribe policies, rules and Directed (internally) to particular 1. Primarily administrative: where the function of the agency is
regulations and procedures offices, officials or employees, primarily administrative and the power to hear and determine
concerning matters such as controversies is granted as an incident to the administrative
assignments, office detail or duty, the power is administrative, or at least it is properly
transfer exercisable by administrative agencies. (adjudicate incidental
to purpose of regulation; ie. CT Torres: HLURB’s capacity to
Apply to individuals and For observance and compliance
organizations outside government adjudicate cases involving SP pursuant to its exclusive authority
to regulate real estate trade and business)
Supplement the law or provide 2. Primarily judicial: Where the duty is primarily to decide
means for carrying them out. questions of legal rights between private parties with respect
5. Procedural rules to the matter in controversy, such decision being the primary
1. Mere tools aimed at facilitating the attainment of object and not merely incidental to regulation or some other
justice. Strict compliance with them is not required in administrative function, the question raised is judicial involving
administrative cases. However, this liberality is subject the exercise of judicial function.
to limitation imposed by the requirements of 3. EXTENT:
administrative due process. 1. Jurisdiction limited: because the need for special
6. Validity of administrative rules and regulations competence and experience has been recognized as

essential in the resolution of questions of complex or 4. Summary: Those that apply compulsion or force
specialized character and because of the companion against a person or property to effectuate a legal
recognition that the dockets of our regular courts have purpose without a judicial warrant to authorize such
remained crowded and clogged. action (e.g., abatement of nuisance, summary restraint
2. Extent depends largely on enabling act: The grant of or levy of property of delinquent taxpayers)
original jurisdiction on a quasi-judicial agency is not 5. Equitable: To determine the law upon a particular state
implied. of facts. Sometimes, statutes expressly confer upon
3. Split jurisdiction not favored: when an administrative administrative agencies certain powers equitable in
body or agency is conferred quasi-judicial functions, all their nature, such as power to appoint a receiver or
controversies relating to the subject matter pertaining power to issue "injunctions"
to its specialization are deemed to be included within
Quasi-Judicial Investigative Quasi-Legislative
its jurisdiction.
1. Example: a complaint for specific performance and adjudge, arbitrate, judge, “Investigate” commonly
annulment of mortgage and damages filed by a decide, determine, resolve, understood, means to
buyer of subdivision lots against the mortgagee, rule on, settle. examine, explore, inquire or
though involving title to, possession of, or interest delve or probe into, research
in, real estate was held well within the jurisdiction on, study.
of the Housing and Land Use Regulatory Board
part of the administrative a part of the administrative
(HLURB) process that resembles a process that resembles a
4. Grant of particular power must be found in the law court's decision of a case. legislature's enactment of
itself: statutes.
5. General policy of the courts to sustain the decision of
administrative authorities not only on the basis of the present or past facts and looks to the future and
doctrine of separation of powers but also for their under laws supposed to exist changes existing conditions
by making a new rule to be
presumed knowledgeability and even expertise in the
applied thereafter to all or
laws they are entrusted to enforce. some part of those subject
1. UNLESS there is GADALEJ thereto.
4. Classification:
1. Enabling: Licensing—PERMITS the doing of an act applies to named persons or apply to or affect classes of
which the law undertakes to regulate and which would to specific situations persons or situations.
be unlawful without gov’t approval
Requires due process General rule: Prior notice
2. Directing: Involves the correcting powers of a public and hearing not essential
utility board or equivalent; powers of assessment
under revenue laws, reparations under public utility
laws, and awards under workmen's compensation 2. As to degree of subjective choice
laws, and powers of abstract determination such as 1. Discretionary: power or right conferred upon them by law of acting
definition-valuation, classification, and fact finding; officially under certain circumstances, according to the dictates of
3. Dispensing: The authority to exempt from or relax a their own judgment and conscience, and not controlled by the
general prohibition, or authority to relieve from an judgment or conscience of others.
affirmative duty 2. Ministerial: one performed in response to a duty which has been
positively imposed by law and its performance required at a time
and in a manner or upon conditions specifically designated, the
duty to perform under the conditions specified not being dependent procedure. Administrative proceedings are not exempt from basic fundamental
upon the officer's judgment or discretion. procedural principles such as due process in investigations and hearings.
1. Ascertainment of facts or conditions upon which the existence 4. Not a litigation between private parties, but a public proceeding looking at public
ends
of a duty arises, does not convert a ministerial act into a
discretionary one C. JURISDICTION
• Jurisdiction is the power to hear and decide a case. It consists of two elements:
G. VOID FOR VAGUENESS DOCTRINE: JOTSM and JOP
• It is a statute that fails to give a person of ordinary intelligence fair notice • Without jurisdiction, AAs acts are void and open to collateral attack
that his contemplated conduct is forbidden • An AA’s jurisdiction and power are those 1) expressly provided and 2) necessarily
• Places a person in jeopardy of an offense without fair warning. implied by law
• It is so indefinite that it encourages arbitrary and erratic arrests. • When an AA acts in a spirit of hostility and unfairness, its decision will be set
• When is it vague: aside regardless of having jurisdiction over the case.
1. It violates due process • The source of jurisdiction is the Constitution or enabling statute
2. It lacks comprehensible standards that “men of common • Waiver/estoppel: An administrative agency cannot enlarge its own jurisdiction nor
can it be conferred jurisdiction by the parties before it. However, active
intelligence must necessarily guess as to its meaning and differ in participation of a party in a case pending against him before a court or quasi-
its application judicial body, is tantamount to a recognition of that court or body’s jurisdiction and
3. It leaves law enforces unbridled discretion to carry out its his willingness to abide by the resolution of the case, and will bar him from
provisions impugning its jurisdiction
4. It must be “utterly vague” in that it cannot be clarified by saving • When a particular statute authorizes an AA to act in a particular situation, it
clause or construction. confers upon such agency the authority to determine whether such situation
exists as to warrant it to act. However, this determination as to jurisdiction is not
SKIPPED CHAPTER 4 conclusive upon courts.
• Expiration of a law may be held not to deprive an AA of jurisdiction to enforce the
statute as to liabilities incurred while the law is in force, where a general saving
CHAPTER 5: ADMINISTRATIVE PROCEEDINGS statute continues such liabilities. If no saving clause, repeal of a statute while
A. GENERALLY: Discussions herein concerned principally with adjudicatory or proceedings are pending and prior to the filing of an order, may remove any
determinative powers of AAs support in law for such order
• A duty imposed upon an AA which requires a quasi-judicial proceeding as a • Doctrine of primary jurisdiction: If the case if such that its determination requires
requisite of action is widely different from ordinary executive action. It is a duty the expertise, specialized skills and knowledge of the proper administrative bodies
which carries fundamental procedural requirements because technical matter are involved, then relief must first be obtained in an
• Administrative proceeding is at end when appeal has been taken to court admin proceeding before a remedy will be supplied by courts even though such
• It is merged in the decree of the court when the agency procured a judicial decree matter is within the proper jurisdiction of a court
enforcing its order
B. CHARACTER OF PROCEEDINGS D. PROCEDURE TO BE FOLLOWED
1. Adversary in nature: this is because the primary purpose of the agency is to • Procedure may be prescribed in law creating the agency or in the rules
protect the public interests promulgated by the agency by authority of law
2. Quasi-judicial or judicial in nature: Proceedings partake the nature of judicial • Rules of Procedure governing proceedings before administrative bodies are to be
proceedings if it involves a) the taking and evaluation of evidence, b) construed liberally to effect just, speedy, and inexpensive settlement and
determination of facts based upon evidence presented, and c) rendering an disposition of disputes
order or decision supported by the facts proved. • In proceedings before AAs, technical rules of procedure and evidence are not
3. Civil, nor criminal, in nature: Civil in nature even though the charge before the binding. They are not bound by the rigid requirements of the rules of court (but
agency is based upon a violation of penal law. In such cases, fairness may must still satisfy requirements under Ang Tibay)
require observance to salutary purposes behind certain rules of criminal

E. RULES ON ADJUDICATION UNDER ADMIN CODE charges against them and to attend scheduled hearings, despite due notice,
• See Book VII, Chapter 3, S10-16, Chapter 4 S19-26 of Administrative Code cannot validly complain of denial of due process.
F. CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS J. SUFFICIENCY OF NOTICE

• How settled: Book 4, Chapter 14 of Administrative Code K. WAIVER OF RIGHT TO NOTICE
• Disputes involving questions of law: Submitted and settled by the SoJ. His ruling • Failure to comply with the requirements as to notice and process may result in a
shall be conclusive and binding on all parties concerned failure to acquire jurisdiction
• Disputes involving questions of fact and law or only facts: • Since notice goes into JOP rather than JOTSM, the cases recognize that, generally,
• SolGen: if it involves departments, bureaus, offices and other agencies of the the right to notice in an administrative proceeding may be waived
National Government as well as GOCCs or entities of whim he is the principal • Personal notice is not required where it is impossible to give such notice to all
law officer or general counsel; parties who may be interested in the matter
• SJ: In all other cases not under SolGen
• Appeal: Decision of SJ and decision of SolGen, when approved by SJ, shall be final L. DENIAL OF DUE PROCESS MAY BE CURED
and binding upon parties. Appeals may be taken to the President where the • What the law prohibits is not the absence of previous notice, but absolute
amount of the claim or value of property exceeds 1M. The decision is final absence thereof and lack of opportunity to be heard
• Administrative agencies are not bound by rigid rules of procedure or technicalities
G. DUE PROCESS OF LAW IN ADMINISTRATIVE ADJUDICATION • Motion for reconsideration or appeal availed of within the AA is curative in
1. Nature: Right to due process is constitutional, and must be observed In judicial character on the issue of alleged denial of due process.
and administrative proceedings to every case which may deprive a person of
life, liberty, or property M. ELEMENTS OR ESSENTIALS OF RIGHT TO HEARING
2. Essence: Basic requirements of notice and real opportunity to be heard. • An administrative hearing, particularly of quasi-judicial nature, must be fair.
Technical rules of procedure and evidence are not strictly applied. • Scope of the right to a full hearing
3. Standard: More flexible standard so that disputes before such bodies may be 1. To present his case or defense, and submit evidence, oral or documentary,
resolved in the most expeditious and inexpensive manner possible in support thereof;
4. Requisites: Ang Tibay standards *see doctrine sheet* 2. To know the claims of the opposing party and to meet them
5. May or may not be assisted by counsels irrespective of the nature of the 3. To cross-examine witnesses for a full and true disclosure of facts
charges and of respondents capacity to represent himself. This is because the 4. To submit rebuttal evidence
inquiries conducted is merely to determine whether there are facts that merit • Actual hearing is not always an indispensable aspect of due process, as well as
disciplinary measures against erring public officers and employees with the cross-examination
purpose of maintaining the dignity of government service.
6. A decision without due process is void N. DUTY OF ADMINISTRATIVE BODY TO CONSIDER THE EVIDENCE PRESENTED
• Administrative agency must consider the evidence presented or at least
H. INSTITUTION OF PROCEEDINGS contained in the records of the case
• Manner in which proceedings are instituted depends upon the purpose served by 1. Independent consideration of the case: The body or official must act on its own
the agency and the governing law or rules of the agency or his own consideration of the law and the facts of the controversy, and not
1. Ex-parte application: Application for license, permit, approval, consent simply accept the view of a subordinate
2. Filing of complaint 2. Clear as to issues involved and reasons for decision: Must render the decision
3. Motu proprio in such a manner that the parties to the proceeding can know the various issues
I. NECESSITY FOR NOTICE AND HEARING involved, and the reasons for the decision rendered.
1. Executive, Administrative or legislative matter: General rule is that notice and
hearing not essential for validity of administrative action O. INVESTIGATION AND HEARING DISTINGUISHED
2. Judicial or quasi-judicial matter: If judicial or quasi-judicial, and its acts are • Investigation: May be held in private and are informal proceedings to obtain
particular and immediate rather than general and prospective, entitled to notice information to govern future actions; have no parties; not proceedings
and hearing. Parties who choose not to avail of the opportunity to answer • Hearings: There are parties; issues of law and of fact; At the conclusion of the
hearing, action is taken which may affect the rights of the parties and parties are

entitled to be present in person and by counsel, participate in the hearing, and 2. Summary proceedings of distraint and levy upon property of a
entitled to be furnished a record in the proceedings. delinquent taxpayer for collection of internal revenue taxes,
fees, charges, increment thereto
P. REQUIREMENT OF NOTICE AND HEARING BY LAW AND REGULATION 3. Preventive suspension of public officer pending investigation
1. Where provided by law: When a statute requires notice and hearing in reaching • In cases of summary action due to urgency, right to a hearing is
an administrative determination, such requisites must be met or the recognized after such event
determination is invalid. An express requirement is not necessary 5. Right to a hearing or right to particular elements of fair trial may be waived.
2. Where not provided by law: The question whether there is right to notice and Thus, failure to attend a hearing, notice of which has been served on party,
hearing is to be determined by the terms of the particular statute and the effects forfeiture of this right.
relevant circumstances. Example, Courts have refused to read a hearing
requirement into a statute which does not specifically provide for a hearing in S. APPLICABILITY OF RULES GOVERNING JUDICIAL PROCEEDINGS
matters involving mere privilege and not a property right. • Although administrative agencies are, as a rule, unrestricted by the technical or
3. Where provided by regulations: Even if a statute or due process of law does not formal rules of procedure applicable to courts in the adjudication of cases, they
require notice and hearing in a particular administrative proceeding of must still act within, and cannot exceed, their jurisdiction, nor entirely dispense
determinative nature, the regulations of the agency frequently so provide. with the basic rules on proving allegations (Ang Tibay must be followed)
Q. CONSTITUTIONAL REQUIREMENT OF NOTICE AND HEARING T. DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE
• Notice and hearing, as the fundamental requirements of procedural due process, 1. Allowed as practical necessity: while the power to decide resides solely in the
are essential only when an AA exercises its QJ function administrative agency vested by law, this does not preclude a delegation of the
• In the performance of its executive or legislative functions, such as issuing rules power to other persons such as a hearing officer, examiner, or investigator, to
and regulations, AA need not comply with the requirements of notice and hearing receive evidence hold a hearing, and make reports on the basis of which the
(with exceptions) decision of the administrative agency will be made.
2. Essential that judgment and discretion are finally exercised by proper officer:
R. PROCEEDINGS IN WHICH NO HEARING IS REQUIRED Rule that requires an administrative officer to exercise his own judgment and
• Depends upon the circumstance. It varies with the subject matter and necessities discretion does not preclude him from utilizing, as a matter of practical
of the situation: administrative procedure, the aid of subordinates.
1. Where the purpose of an administrative determination is to decide whether 3. Essential that due process requirements are observed: As long as a party is not
a right or privilege which an applicant does not possess shall be granted to deprived of his right to present his own case and submit evidence in support
him or withheld in the exercise of a discretion vested by statute, notice and thereof, and the decision is supported by the evidence in the record
hearing is not necessary in the absence of an express or implied statutory 4. Essential that proper officer acts on his own independent judgment: The
provision officer who makes the determinations must personally consider and appraise
2. If no personal or property rights are involved, but only a privilege, notice or the evidence which justifies them.
hearing may not be essential to due process
3. Where a rights is granted conditionally and subject to termination, it may be U. EVIDENCE IN ADMINISTRATIVE PROCEEDINGS
withdrawn in accordance with the conditions subject to which it was 1. Application of strict rules of evidence: not bound by the strict rules governing
received, including the absence of any right to hearing the reception of evidence in court proceedings. The obvious purpose is to free
4. Nature of power exercised: administrative bodies from the compulsion of applying technical rules so that
1. Legislative, executive, administrative, ministerial: Notice and hearing the mere admission of matter which would be deemed incompetent in judicial
not essential (with exceptions) proceedings would not invalidate the administrative determination
2. General rule: Judicial, quasi-judicial, or adjudicatory, or government 2. Essential rules of evidence: While quasi-judicial bodies are not bound by the
engaged in the dispatch of its own internal affairs, notice and hearing technical rules of procedure in the adjudication of cases, this procedure should
essential not be construed as a license to disregard certain evidentiary rules.
1. Exceptions: 1. Among basic essential rules of evidence: giving of evidence under oath,
1. Summary abatement of nuisance per se the principle that evidence must have probative value, the proper allocation
of the burden of proof, the degree of proof, the right to know the evidence

submitted or to be considered, to inspect documents, to cross- examine • Where the action needed is not of the individuals composing a board but of the
witnesses, and to offer evidence in explanation or rebuttal. official body, the members must be together and act in their official capacity, and
3. Probative value: Substantial evidence; such relevant evidence as a reasonable the action should appear in the records of the Board.
mind might accept as adequate to support a conclusion even if other equally
reasonable minds might opine, otherwise X. POWER OF ADMINISTRATIVE AGENCIES TO MODIFY THEIR DECISIONS
4. Hearsay rule: It is a basic rule of exclusion founded upon the necessity of an 1. Conditions: administrative determinations are subject to reconsideration and
opportunity for cross-examination, and the requirement that the substance of changes so long as no rights have vested in the meantime by reason thereof,
the testimony be given under oath. Nevertheless, hearsay evidence is generally and so long as they have not passed beyond the control of the administrative
held admissible in proceedings before administrative agencies, at least for authorities
limited purposes, especially when not objected to 2. Grounds: fraud of imposition, mistake, surprise, inadvertence, or newly
5. Admissions and declarations: Dying declarations, declarations of deceased discovered evidence, or to meet the changed conditions, whether by reason of
persons against their interest, and other admissions and declarations against express statutory provision granting the power of revision or by reason of
interest, have been held admissible in administrative proceedings, but self- principles applied by courts.
serving declarations are, as a general rule, excluded.
6. Evidence offered during hearing: All the parties in an administrative proceeding Y. APPLICATION OF RES JUDICATA
must be fully or fairly appraised of the evidence submitted or to be considered. • Doctrine of res judicata: a final judgment on the merits rendered by a court of
The decision must be rendered on the evidence presented at the hearing, or at competent jurisdiction is conclusive as to the rights of the parties and their privies
least contained in the record and disclosed to the parties affected. and constitutes an absolute bar to subsequent action involving the same demand,
7. Agency files and records: Conflicting jurisprudence, but De Leon said that the claim, or cause of action
better rule is that an administrative agency may take notice of data on file or • res judicata is applicable to determinations in the field of administrative law as
results reached by it in other cases where such is made known and there is well as to courts whenever consistent with the purposes of the tribunal, board, or
adequate opportunity for rebuttal. officer.
8. Secret or confidential information: general rule that in adjudicatory proceedings • Adjudicatory, judicial, quasi-judicial: Doctrine applies
involving primarily the interests of private litigants, information cannot be • Administarive, executive, legislative, ministerial: Doctrine has been held not
withheld from the parties on the ground that it is of confidential nature and at applicable
the same time be used as a basis for decision by the administrative agency. But • Some statutes may limit or restrict the extent to which an administrative
there are cases which support that in some cases, a right to a hearing does not determination may operate as res judicata.
include the right to know information which must be kept secret in the public • Only a valid and final judgment can be res judicata, and lack of jurisdiction either
interest. of the person or of the subject matter precludes an administrative determination
9. An administrative body may not require a degree of proof higher than from being res judicata.
substantial evidence and the rules of administrative due process enunciated in
Ang Tibay Z. ADMINISTRATIVE APPEAL AND REVIEW
• Hierarchy of authorities:
V. DECISIONS OR ORDERS • a review may be had within the administrative system itself of the action of
1. Necessity of findings: The right to adduce evidence, without the corresponding lower administrative authorities by their superiors or
duty on the part of the administrative agency to consider it, is vain. • a particular administrative body is authorized to hear and decide appeals from,
2. Finality: general rule is that they become executory only after they have become and review the determinations of, certain other administrative bodies or officers
final and executory, execution pending appeal being an exception to this general
rule. A judgment becomes final and executory after the lapse of the AA. ACTION BY ADMINISTRATIVE APPELLATE TRIBUNAL
reglementary period of appeal if no appeal is perfected, or an appeal therefrom • No disputing the authority of administrative superiors to reverse the findings of
having been taken the judgment in the appellate court becomes final. their subordinates, this power must be exercised sparingly and only upon a clear
showing of error
W. WHERE ADMINISTRATIVE AGENCY IS A COLLEGIATE BODY • The review must not be whimsical or arbitrary or devoid of substantial basis.
• powers and duties of an administrative agency or board composed of members or • Reviewing officer must be other than officer whose decision is under review
commissioners may not be exercised by the individual members separately • Doctrine of exhaustion of administrative remedies (See Chapter 6)

3. Where review precluded or restricted by statute: if an appeal is allowed, the
CHAPTER 6: JUDICIAL REVIEW OF, OR RELIEF AGAINST, matters to be inquired into on appeal may, in the discretion of the legislature, be
limited.
ADMINISTRATIVE ACTIONS 1. Congress free to make an administrative determination final and immune
A. CONCEPT OF JUDICIAL REVIEW from judicial review where it gives the aggrieved party a right to elect in the
• Judicial review: Ordinarily available only for final administrative actions. Its first place between administrative or judicial relief.
underlying purpose if to assure— on the petition of interested parties— by the 2. When Congress grants a right to resort to the courts by way of appeal, it
intervention of ordinary courts that administrative power is exercised according may restrict review to a single court, and it need not provide for appeal to
to law the Supreme Court.
1. Accommodation of administrative process to the judicial system: 3. Congress may place procedural conditions and restrictions upon the right to
Administrative agencies have their source in necessity, to perform functions judicial review.
which are beyond the capacity of the courts, and the role of the courts in regard 4. Provisions that administrative decision or action shall be subject only to
to administrative action is the accommodation of the administrative process to administrative review or shall be final or conclusive have also been held to
the traditional judicial system and to reconcile democratic safeguards and preclude judicial review where no constitutional right was involved, and in
standards of fair play with the effective conduct of government. regard to a decision in the exercise of purely administrative or legislative
2. Policy of the courts: It is the policy of the courts not to interfere with the actions powers
of government agencies entrusted with the regulation of activities coming under 5. no constitutional objection to making findings of fact conclusive if
their special knowledge and training or specific field of expertise unless there is supported by evidence
a clear showing of capricious and whimsical exercise of judgment or GADALEJ 4. Where review a matter of constitutional necessity: Congress is without
3. Subject to well-settled exceptions, certiorari, prohibition, and mandamus do not authority to nullify rights conferred by the Constitution or to divest the courts of
lie against the legislative and executive branches or the members thereof acting the powers vested in them by the Constitution (remember definition of judicial
in the exercise of their official functions (principle of separation of power) power)
5. Where administrative decision is final and executory: Rule of res judicata
B. PURPOSE OF JUDICIAL REVIEW applies also to judicial and quasi-judicial acts of administrative officers and
• Ensure that agencies do not go beyond their statutory or constitutional powers in boards acting within their jurisdictions as to judgments of courts having general
carrying out their tasks jurisdiction
• Agencies are to implement statutes, not amend nor ignore them 1. Requirements for res judiciata:
• Judicial review serves as important check on legality of action that agencies may 1. Final jugment or order
undertake, and important check on Congress as Congress’ power to delegate is 2. jurisdiction of the court (or agency) over the subject matter and the
subject to Constitutional limitations. parties; and
3. identity of parties, identity of subject matter, and identity of cause of
C. RIGHT TO JUDICIAL REVIEW action.
1. Where right granted by statute: Where judicial review is provided in the statute, 6. Where administrative decisions declared final and unappealable by statute:
the right of appeal to the courts is to be determined by looking at the statute, the They are still subject to judicial review if they fail the test of arbitrariness
valid regulations promulgated pursuant to it, and proven administrative practice
1. where legislation provides for an appeal from decisions of certain D. RULES GOVERNING APPEALS FROM JUDGMENT OF QUASI-JUDICIAL
administrative bodies to the Court of Appeals, it means that such bodies are AGENCIES
co-equal with the Regional Trial Courts, in terms of role and stature, and • For rules governing appeals, see page 370-374 of De Leon
logically beyond the control of the latter E. ADMINISTRATIVE FINDINGS AND CONSTRUCTIONS GENERALLY CONCLUSIVE
2. Where review not provided by statute: There is no inherent right to judicial 1. Factual basis and sufficiency of evidence: reviewing court cannot re- examine or
review of the action of an administrative agency. Appeal is of a statutory origin; weigh once more the factual basis and sufficiency of the evidence submitted
it is not a requirement of due process. The fact, however, that a statute does not before the administrative body and substitute its own judgment for that of said
provide for judicial relief or review does not mean that there is no power or right body or to receive additional evidence
of relief or review in a proper case under the general powers and jurisdiction of
the courts.

2. Courts ordinarily accord great weight and respect, even finality, to factual 4. where an administrative officer assumes to act in violation of the
findings of administrative tribunals. Occasionally however, courts may delve in Constitution and other laws;
such matters for compelling reasons, such as 5. Where such order is not reviewable in any other way and the
1. Fraud, mistake, illegality, imposition or collusion, or where the procedure complainant will suffer great and obvious damage if the order is carried
which led to the factual findings is irregular, or where palpable errors out; and
committed, or GADALEJ, arbitrariness is manifest, gross misappreciation of 6. to an order made in excess of power, contrary to specific prohibition in
evidence, and conflict in the factual findings as to compel a contrary the statute governing the agency and thus operating as a deprivation of
conclusion a right assured by the statute.
3. Administrative construction: same weight and respect is accorded on the 7. If provided under the statute
constructions given by an administrative agency to the law which it is entrusted
to enforce. Not necessarily binding upon courts, but can only set aside on proof G. TIMING OF APPLICATION TO COURTS
of lack of jurisdiction, gross abuse of discretion, fraud, or error of law 1. Doctrine of primary jurisdiction: whether initial action should be taken by a court
4. If the administrative findings of facts are not supported by substantial evidence, or by an administrative agency.
the same are not binding on courts. 2. Doctrine of exhaustion of administrative remedies: to control the timing of
judicial relief from adjudicative action of an agency. It is customarily applied to
F. FINALITY OF ADMINISTRATIVE ACTION FOR PURPOSES OF REVIEW adjudication and not to rule-making.
1. Policy of courts: Courts reluctant to interfere with action of an AA prior to its 3. Doctrine of ripeness for review: In essence, the same as that of exhaustion of
completion or finality. Absent a final order or decision, the power has not been administrative remedies, except that it applies to rule making and to
fully exercised, and there can usually be no irreparable harm administrative action
2. The mere informality of a decision does not prevent review if it is otherwise final.
Letters can constitute an appealable order or determination. Findings may H. DOCTRINE OF PRIMARY JURISDICTION
constitute reviewable “order” • Doctrine of prior resort, or exclusive administrative jurisdiction, or preliminary resort
3. Threatened or pending action: Judicial relief or review is often denied for lack of • “Courts cannot and will not determine a controversy involving a question which is
finality where action of the administrative agency is only anticipated, even within the jurisdiction of an administrative tribunal, especially where the question
though threatened, or where the action is still pending without final disposition. demands the exercise of sound administrative discretion requiring the special
4. Action requiring approval by superior: An order required to be submitted to a knowledge, experience and services of the tribunal to determine technical and
superior for approval is not final for purposes of review. However, the fact that intricate matters of fact and where a uniformity of ruling is essential to comply with
the grant of relief might have to be submitted for approval does not detract from the purposes of the regulatory statute administered.”
the finality of an order denying relief • Applies in AA exercising QJ or adjudicatory functions, not rule-making
5. Purely administrative matters: purely administrative and discretionary functions • This doctrine applies although no Prejudicial question is involved
may not be interfered with by the courts. In general, courts have no supervising • Judicial process suspended pending referral of such issues to administrative body
power over the proceedings and actions of the administrative departments of for its view, not dismissal of the case before the court. Courts may dismiss the
the government. This is generally true with respect to acts involving the exercise case without prejudice if the parties would not be unfairly disadvantaged.
of discretion UNLESS beyond authority or arbitrary • Exclusive jurisdiction may be explicit or implicit: The statute, implicitly or
6. Preliminary, procedural, interlocutory: Appeal to courts will not lie from an explicitly, may give the agency exclusive jurisdiction to make initial determination,
interlocutory order unless such order affects the merits.But certiorari is available and it may give a particular court exclusive jurisdiction to review the administrative
against administrative agencies exercising QJ functions, whether the order is action in a designated way and at a designated time. A mere grant of power to an
interlocutory or not where due process was not followed administrative agency probably carries with it the implicit idea that the agency has
1. Exceptions: exclusive jurisdiction to make the initial determination
1. to an interlocutory order affecting the merits of a controversy;
2. to grant relief to preserve the status quo pending further action by the I. APPLICATION OF THE DOCTRINE
administrative agency; • Whether or not the requirement of prior resort should be imposed is said to
3. when it is essential to the protection of the rights asserted from the depend on the court’s determination whether Congress intended the issues to be
injury threatened; left to the administrative agency for initial determination

• Where an affirmative indication of legislative intent does not clearly appear, courts 5. Where there is estoppel on the part of the party invoking the doctrine,"' or where
are free to determine on basis of policy considerations the need of prior resort to the administrative body is in estoppel to invoke the doctrine
administrative determination 6. If it should appear that an irreparable damage or injury will be suffered by a party
• However, prior resort should be limited to questions of fact and those requiring unless resort to the court is immediately made.
skills of administrative specialist. Questions of law may be determined in the first 7. Special circumstances, where there are no other plain, speedy, or adequate
instance by courts. remedy in the ordinary course of law
• Doctrine is clearly applicable whenever courts and AAs have concurrent 8. Where respondent officer acted in utter disregard of due process
jurisdiction 9. Where insistence on its observance would result in the nullification of the claim
being asserted
J. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES 10. When there is long continued and unreasonable delay or official inaction that will
• Requires that where a remedy within an administrative agency is provided or unretrievably prejudice the complainant
available against the action of an administrative board, body, or officer, and can still 11. Special reasons or circumstances demanding immediate judicial intervention
be resorted to by giving the said agency every opportunity to decide correctly a 12. Where amount is relatively small so that to require exhaustion would be
given matter that comes within its jurisdiction, relief must be first sought by availing oppressive and unreasonable
this remedy before bringing an action in or elevating it to the courts of justice for 13. When no administrative review is provided as condition precedent to taking the
review. action in court
• Premature invocation of court’s intervention is fatal to one's cause of action. 14. In land cases, where and subject of litigation is not part of public domain
Absent any finding of waiver or estoppel, the complaint is susceptible of dismissal 15. Where the respondent is a Department Secretary whose acts, as an alter ego of
for lack of cause of action the President, bear the implied or assumed approval of the latter, unless actually
disapproved by him (Doctrine of qualified political agency)
K. LEGAL AND PRACTICAL REASONS FOR THE DOCTRINE 16. Where administrative officer has not rendered any decision, or made any final
1. Orderly procedure finding
2. Avoidance of interference with functions of the AA by withholding judicial action 17. Where plaintiff in the civil action for damages has no administrative remedy
until the administrative process has run its course available to him
3. Lesser expenses and speedier disposition of controversies 18. Strong public interest
4. Comity arising from separation of powers 19. Other cases- controverted act is patently illegal, or was performed without or in
excess of jurisdiction, or where there is no due process observed, or the
L. APPLICATION OF THE DOCTRINE protestant has no other recourse, requiring exhaustion would be unreasonable,
• Applies only to judicial review of decisions in the exercise of QJ functions when issue of non-exhaustion rendered moot, etc.
• Authorities are not in accord whether the application of the doctrines lies in the
court’s discretion or goes into its jurisdictions, so does not permit discretion O. EXHAUSTION DOCTRINE AND PRIMARY JURISDICTION DOCTRINE
• Exhaustion must be raised at the earliest time possible, even before filing the DISTINGUISHED
answer to the complaint or pleading asserting a claim by a motion to dismiss.
Exhaustion doctrine Doctrine of primary jurisdiction
Failure to invoke at proper time operates as waiver
invoked as a defense to judicial review arise where both the court and
M. INSTANCES WHERE DOCTRINE HAS BEEN APPLIED
of an administrative action not as yet administrative agency have jurisdiction
N. EXCEPTIONS TO DOCTRINE deemed complete to pass on a question which in a
1. Where by the terms of the statute authorizing an administrative remedy, such particular case is presented to the court
remedy is permissive or where the administrative remedy is not exclusive but as an original matter, rather than a
merely cumulative or concurrent to a judicial remedy, or there is grave doubt as matter of review
to the availability of the administrative remedy
2. Where the issue involves not a question of fact, but one of pure law
3. Where the issue raised is the constitutionality of the statute under which the
administrative agency acts, or providing the administrative remedy
4. Where questions involved are essentially judicial

by a party who is immediately confronted with the problem of complying or
applies where the claim or matter is applied in the face of statutes
cognizable in the first instance by an purporting to permit a choice of violating
administrative agency alone. In such remedies. 4. A debilitating legal uncertainty by reason of which private parties may be injured
case, judicial interference is withheld seriously enough
until the administrative process has run 5. When the plaintiff is, in fact, substantially harmed by the vagueness of a statute
its course 6. Informal administrative action, where no administrative remedy is available and
the party affected is immediately confronted with the choice between
not applicable where the issue is purely compliance and non-compliance, and violation of the instruction is a criminal
legal, and where a party has a right of
offense.
election between administrative and
judicial remedy 7. test still is whether substantial injury to the plaintiff is present or imminent
8. courts should recognize a judicial discretion to decide the issue of legality in
Does not apply where the issue involves purely question of law there being no special circumstances.
question of fact or question requiring expert judgment
S. RIPENESS DOCTRINE AND EXHAUSTION DOCTRINE DISTINGUISHED
P. RELATION BETWEEN EXHAUSTION DOCTRINE AND DUE PROCESS Exhaustion doctrine Ripeness
Exhaustion doctrine Due process
Focus on the relatively narrow question Focus is upon the nature of the judicial
of whether a party should be required to process
Applies when the ruling court or tribunal a violation occurs when a court or
pursue and administrative remedy
is not given the opportunity to re- tribunal rules against a party without
before going to court
examine its findings and conclusions giving him or her the opportunity to be
because of an available opportunity heard Customarily applied to adjudicative Applied to rule-making and
that a party seeking recourse against action administrative action not involving rule-
the court or the tribunal's ruling omitted making and adjudiation
to take.
based on the perspective of the ruling considered from the point of view of the Concerned with timing of judicial review of administrative action
court or tribunal litigating party against whom a ruling
was made
Gives “opportunity” T. R I P E N E S S D O CT R I N E A N D P R I M A RY J U R I S D I CT I O N D O CT R I N E
DISTINGUISHED
Q. DOCTRINE OF RIPENESS FOR JUDICIAL REVIEW Primary jurisdiction Ripeness

• determines the point at which courts may review administrative action (just like
exhaustion) Determines whether the court or
• judicial machinery should be conserved for problems which are real and present or agency should make the initial decision
imminent, and should not be squandered on problems which are future, imaginary arise only when administrative and Questions of ripeness and exhaustion
or remote judicial jurisdictions are concurrent for may arise whenever judicial review of
the initial decision of some questions. administrative action is available.
R. APPLICATION OF DOCTRINE
1. when interests of. the plaintiff are, in fact subjected to or imminently threatened Function is to determine which tribunal question is whether the court will refuse
with substantial injury. shall make the initial determination and to act at all
2. A statute may be ripe for constitutional challenge in advance of official action, if not which shall make the final
determination
the statute is self-executing, that is, if the mere existence of the statute on the
books without enforcement, in fact, causes substantial injury to plaintiff. Determine at what stage a party may secure judicial review of administrative
3. A statute or regulation which is enforceable through criminal prosecution should action
be subject to challenge in a suit for injunction or declaratory judgment brought
Y. NON-STATUTORY METHODS OF REVIEW
U. SCOPE AND EXTENT OF JUDICIAL REVIEW • The fact that a statute does not provide for judicial review of action of an
• General proposition: courts cannot or will not disturb the action of an administrative agency does not preclude the courts from providing such as is
administrative agency which is within its jurisdiction or not beyond its powers or necessary or required.’
authority, and which is not contrary to law or which has a reasonable basis, and is • In the absence of a statutory provision for review, relief may be had in appropriate
not arbitrary or capricious, or an abuse of discretion, and, as to findings of fact, cases by means of the common law or prerogative writs such as certiorari,
regardless of whether or not they are consistent with the preponderance of mandamus, habeas corpus, quo warranto, and prohibition.
evidence so long as there is some evidence upon which the findings could be
made Z. RELATION BETWEEN THE TWO METHODS
1. Determination of law: Fully reviewable; administrative determination of • Where a statute relating to the administrative agency provides a direct method of
questions of law is persuasive and has strong presumption of correctness. judicial review of agency action and is applicable, such method of review may be
However, interpretation and application still court’s prerogative regarded as exclusive and to preclude the use of any other or non-statutory
2. Determination of facts: Limited to finding of existence of substantial evidence. method.
However, a conflict between factual finding of appellate administrative tribunal • Some cases hold, not that the statutory method of review is exclusive, but that it
and quasi-judicial office will necessitate review of such findings and records to must be exhausted as a prerequisite to judicial relief by some other methods.
determine which conclusions are more conformable to evidentiary facts.
3. Mixed questions of law and fact: An administrative finding on a mixed question AA.QUESTIONS OPEN TO REVIEW
of fact and law is subject to judicial review, on which the court may substitute its BB.GROUNDS WHICH WOULD WARRANT REVERSAL OF ADMINISTRATIVE
judgment for that of the administrative agency. Where there is a mixed question FINDINGS
of law and fact and the court cannot separate the elements to see clearly what 1. The conclusion is a finding grounded on speculations, surmises and
and where the mistake of law is, such question is treated as a question of fact conjectures;
for purposes of review and the courts will not ordinarily review the decision of 2. The inferences made are manifestly mistaken, absurd, or impossible;
the administrative tribunal. 3. There is a grave abuse of discretion;
1. If jurisdictional or constitutional facts: Subject to judicial review 4. The judgment is based on misapprehension of facts or the findings of facts are
4. Discretionary determinations: Reviewable only to ascertain whether the action conflicting;
was arbitrary 5. The agency (or the Court of Appeals) overlooked certain facts of substance and
• Decisions of AA are reviewable and reversible for mistake of law or erroneous value which if considered would affect the result of the case or justify a different
view of the law conclusion;
• Courts will not inquire into motives except fraud, malice, or intentional wrongdoing 6. The findings are conclusions without citation of specific evidence on which they
• The determination of an administrative agency as to the operation, are based;
implementation and application of law which it is entrusted to enforce is accorded 7. The findings of facts are premised on the supposed absence of evidence and
great weight. It is presumed legal and correct contradicted by the evidence on record;
V. JUDICIAL REVIEW DOES NOT IMPORT TRIAL DE NOVO CC.LIABILITY OF ADMINISTRATIVE AGENCIES AND OFFICERS
• Judicial review of executive or administrative decisions does not import a trial de 1. General rule: Judicial immunity from suit extends to government officials in
novo {i.e., a review of the evidence all over again) but only an ascertainment of respect to their acts of discretionary, judicial, or quasi-judicial nature
whether the administrative findings are not in violation of the Constitution or of the 2. Except:
laws and are free from fraud or imposition, and whether they find reasonable 1. Erroneous action, taken without hearing, results in positive injury to a person
support in evidence. and there is no other redress than by an action against the officer
2. Acting without jurisdiction, regardless of good faith
W. METHODS OR MODES OF RELIEF OR REVIEW 3. Dishonesty, bad faith, malice
1. Direct or collateral
2. Statutory or non-statutory
X. STATUTORY METHODS OF REVIEW

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ADMINISTRATIVE LAW

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L. LINE BUREAU AUTHORITY

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F. CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS J. SUFFICIENCY OF NOTICE

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Q. DOCTRINE OF RIPENESS FOR JUDICIAL REVIEW Primary jurisdiction Ripeness

X. STATUTORY METHODS OF REVIEW

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