Professional Documents
Culture Documents
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PHILIPPINE CONSUMERS FOUNDATION, INC. VS. SECRETARY OF EDUCATION, CULTURE AND SPORTS
If the rates prescribed by an administrative agency is in the exercise of its quasi-legislative powers, prior notice and hearing is not essential to the validity of its issuance. FACTS: The Task Force on Private Higher Education created by DECS submitted a report recommending an increase in school fees. DECS took note of the report and issued an Order authorizing a 15% to 20% increase as recommended. Petitioner sought for reconsideration on the ground that the increases were too high. Thereafter, the Order was modified reducing the increases to a lower ceiling of 10% to 15%. Petitioner still protested the increases and filed a petition for prohibition, seeking to declare the questioned Department Order unconstitutional for it was issued without any legal basis and for violation of the due process clause for lack of due notice and hearing before issuance. ISSUE: Whether the Department Order is valid? HELD: YES. The power of the DECS, as granted by law, to regulate school fees include the power to prescribe school fees. No other government agency has been vested with the authority to fix school fees and as such, the power should be considered lodged with the DECS if it is to properly and effectively discharge its functions and duties under the law. As to the issue of due process, there is no such violation. The function of prescribing rates by an administrative agency may be either a legislative or an adjudicative function. If it were a legislative function, the grant of prior notice and hearing to the affected parties is not a requirement of due process. As regards rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior notice and hearing are essential to the validity of such rates. When the rules and/or rates laid down by an administrative agency are meant to apply to all enterprises of a given kind throughout the country, they may partake of a legislative character. Where the rules and the rates imposed apply exclusively to a particular party, based upon a finding of fact, then its function is quasijudicial in character. In this case, the Department Order prescribes the maximum school fees that may be charged by all private schools in the country for the school year 1987 to 1988. Hence, it applies to all enterprises of a given kind throughout the country and the issuance of the department order is in the exercise of DECs quasi-legislative power. This being so, prior notice and hearing is not essential to the validity of its issuance.
ISSUE: Whether the respondents should first exhaust administrative remedies? HELD: YES. The doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review. One of the reasons for the doctrine of exhaustion is the separation of powers, which enjoins upon the Judiciary a becoming policy of non-interference with matters coming primarily (albeit not exclusively) within the competence of the other departments. As correctly suggested by the respondent court, however, there are a number of instances when the doctrine may be dispensed with and judicial action validly resorted to immediately. Among these exceptional cases are: (1) when the question raised is purely legal; (2) when the administrative body is in estoppel; (3) when the act complained of is patently illegal; (4) when there is urgent need for judicial intervention; (5) when the claim involved is small; (6) when irreparable damage will be suffered; (7) when there is no other plain, speedy and adequate remedy; (8) when strong public interest is involved; (9) when the subject of the controversy is private land; and 10) in quo warranto proceedings. In this case, the Forest Management Bureau of the DENR should be allowed to rule in the first instance on this controversy coming under its express powers before the courts of justice may intervene. The respondents have failed to satisfactorily establish that the extraordinary circumstances to justify deviation from the doctrine by exhaustion of administrative remedies and immediate resort to the courts. In fact, Sunville has stopped its operations in compliance with the order of the DENR.
MORCOSO V. CA
As an exception to the general rule, administrative remedies need not be exhausted if the agency has no longer jurisdiction. FACTS: Respondent Tirol filed a complaint against Morcoso for recovery of possession of a fishpond situated in Ibajay, Aklan. She alleged that the said fishpond is part of the land she inherited from her father and that she entered into a lease agreement with Morcoso allowing him to lease a portion and develop it into a fishpond. Morcoso was later informed by the BFAR that the land Tirol leased to him is within the area of alienable and disposable public land, thus Morcoso applied for a fishpond permit. Morcoso refused to surrender possession of the fishpond. Morcoso assailed the jurisdiction of the trial court because of a pending administrative case before the BFAR regarding their conflicting claims. The trial court ruled in favor of Tirol. CA affirmed said decision. ISSUE: Whether the trial court had jurisdiction over the case? HELD: YES. As an exception to the general rule, administrative remedies need not be exhausted if the agency has no longer jurisdiction. The doctrine requiring prior exhaustion of administrative remedies before recourse to courts is inapplicable because the fishpond in dispute is private and not public land. The plaintiffs have sufficiently established that they and their predecessors-in-interest have been in possession of the land in question under claim of ownership for a very long period of time. The fishpond not having been part of the public domain, the trial court correctly adjudged Tirol as the rightful owner thereof.
NFA VS. CA
The doctrine of administrative remedies is inapplicable where there is
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urgency or irreparable damage. FACTS: Earlier, the NFA conducted a public bidding to award security contracts for the protection of its facilities. Among those awarded were the private respondents. When David became the new Administrator of the NFA, he caused the review of all security contracts and created a Prequalification Bids and Awards Committee (PBAC). When the time of the bidding came, some bids were disqualified for failure to comply with documentary requirements including those of Respondents. Respondents Lanting Security and Watchman Agency filed complaints with the RTC to restrain the Administrator from proceeding with the public bidding. During the pendency of the writ of preliminary injunction, David terminated the contracts of the security agencies and engaged the services of seven new agencies. Respondents filed another complaint to restrain the NFA from terminating their services. The lower court ruled in favor of Respondents. On appeal to the SC, the NFA contends that respondents did not exhaust administrative remedies and hence, their complaint is premature. ISSUE: Whether the Respondents should have first exhausted administrative remedies? HELD: NO. The doctrine of exhaustion of administrative remedies is subject to some limitations and exceptions. In the case at bar, respondents contracts were terminated in the midst of bidding preparations and their replacements hired barely five days after. An appeal to the NFA Board or Council of Trustees and the Secretary of Agriculture as mandated by the provisions of the Administrative Code was not a plain, speedy and adequate remedy in the ordinary course of law. The urgency of the situation which necessitated a recourse to the courts is justified.
had been joined and any of the following grounds were shown to exist: (1) When there is reasonable ground to believe that the respondent has committed the act or acts complained of; (2) When the evidence of culpability is strong; (3) When the gravity of the offense so warrants; or (4) When the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. (2) The regional trial court had no jurisdiction over the special civil action and gravely abused its discretion in refusing to dismiss the case. If the Mayor thought that preventive suspension was unjustified and politically motivated, he should have sought relief first from the Secretary DILG and not from the courts. Mayor Melgar's direct recourse to the courts without exhausting administrative remedies was premature.
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