ADMELEC Reviewer by ELAH V

Case Title

Principle

Leveriza v IAC

The two administrative codes are general laws, as and as between the codes
and special legislations on specific subject matters, the latter prevail as an
exception to the former. It is basic statutory principle that general legislation
must give way to special legislation on the same subject, and generally so
interpreted as to embrace only cases in which the special provisions are not
applicable.
------------------Mistakjes of government personnel in performance of their duties should not
affect public interest. Errors of public officers should never deprive the people of
the right to rectify them and recover what might be lost or bartered away in any
action, deal or transaction.

In Re: Rodolfo U
Manzano, 166 SCRA
246

Administrative functions are those which involve the regulation and control over
the conduct and affair of individuals for their own welfare and the promulgation
of rules and regulations to better carry out the policy of the legislature or such
as are devolved upon the administrative agency by the organic law of its
existence.

Iron and Steel

Authority v CA

The Government of the Republic of the Philippines refers to the corporate

governmental entity through which the functions of government are exercised
throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is made effective in
the Philippines, whether pertaining to the autonomous regions, the provincial,
city, municipal or barangay subdivisions or other forms of local government.
Included in the Government are agencies and instrumentalities thereof. An
agency of the Government refers to any of the various units of the
Government, including a department, bureau, office, instrumentality, or GOCC,
or a local government or a distinct unit therein. Instrumentality refers to any
agency of the National Government, not integrated within 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, institutes and GOCCs.
Incorporated agencies or instrumentalities are vested by law with a juridical
personality distinct from the personality of the Republic. Examples: NPC, PPA,
NHA, Phil. Oil. Company, etc. Non-incorporated agencies or instrumentalities are
those not vested with a juridical personality distinct from the Republic, endowed
by law with some if not all corporate powers. i.e. Sugar Regulatory
Administration.

Luzon Dev. Bank v.

Assoc. of Luzon Dev.
Bank Employees

When the statutory term of a no incorporated agency expires, the powers, duties
and functions as well as assets and liabilities of that agency revert back to, and
are reassumed by, the RP, in the absence of special provisions of law specifying
some other disposition thereof.
An instrumentality is anything used as a means or agency. The terms
governmental agency are instrumentality are synonymous in the sense that
either of them is a means by which the government acts, or by which a certain
governmental act or function is performed. The word instrumentality, with
respect to a state, contemplates an authority to which the state delegates
governmental power for the performance of a state function.
-----------------Arbitration- the reference of a dispute to an impartial third person for
determination on the basis of evidence and arguments presented by the parties
who have bound themselves to accept the decision.
Voluntary arbitration- the referral of a dispute by the parties pursuant to
avoluntary arbitration clause or agreement to an impartial third person or panel
for a final resolution.
Involuntary arbitration is one compelled by the government to accept the
resolution of the dispute through the arbitration of a third party.
------------------The voluntary arbitrator or panel of arbitrators makes the award or decision
which becomes final after a certain period from receipt of the copy of the award
or decision by the parties. By the nature of his functions, a voluntary arbitrator
acts in quasi-judicial capacity. The voluntary arbitrator, whether acting solely or

ADMELEC Reviewer by ELAH V

in a panel, enjoys the status of a quasi-judicial agency by itself.

Republic v CA

The Sugar Regulatory Administration is an example of a non-incorporated

agency, as it is neither a government-owned or controlled corporation, but is an
agency under the Office of the President.
Administrative agencies are government bodies charged with administering and
implementing particular legislations.

Malaga v Panachos

In this case, administrative agency is judicially defined as government

body charged with the
administering and implementing particular legislation examples are
workers compensation
commissions and the like. The term agency includes any department,
independent
establishment, commission, administration, authority or bureau.
Charter institution refers to any agency organized or operating under a specific
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.

Fernandez v Sto.
Tomas

Administrative agencies, boards and commissions are public offices. The term
public office refers to the right, authority and duty, created and conferred by
law, by which, for a given period either fixed by law or enduring at the pleasure
of the appointing power, an individual is invested with some portion of the
sovereign functions of government, to be exercised by that individual for the
benefit of the public.

Eugenio v CSC

Except such offices as are created by the CONST., the creation of public offices is
primarily a legislative function. In so far as the legislative power in this respect is
not restricted by the constitutional provision, it is supreme, and the legislature
may decide for itself what offices are suitable, necessary to create and define
duties, the legislative department has the discretion to determine whether
additional offices shall be created, or whether these duties shall be attached to
and become ex-officio duties of existing offices. All offices created by the
legislature are wholly within the power of that body, and it may prescribe the
mode of filling the office and the powers and duties of the office holders, and, if
it sees fit, abolish office.
Reorganization is the process of restructuring the bureaucracys organizational
and functional set-up, to make it more viable in terms of the economy,
efficiency, effectiveness and make it more responsive to the needs of its public
clientele as authorized by law.

Simon v. CSC

National Land and

Title Deeds Reg.
Admin. V CSC

Reorganization is the means used by the legislature to reorganize or abolish

offices, which it may do so by law directly or indirectly by authorizing an
executive department or agency to reorganize its office.

De la LLana v Alba

The legislative power to reorganize- and therefore to abolish offices- applies to

all offices, including lower courts, except only those crated by the constitution
itself.

Solid Homes , Inc. V.

Teresita Payawal

Reasons why there has been need for, and a growing number of, specialized
administrative agencies are as follows:
2. To meet the growing complexities of modern society. As problems of modern
society multiply, which can hardly be met by the legislature, administrative
agencies are established to promptly cope up with such problem.
-------------------------------------------------------------------Liberal construction is adopted to enable administrative agencies to discharge
their assigned duties in accordance with the legislative purpose or intent. For
instance, in line with this policy, the Supreme court sustained the competence of
NHA, in the exercise of the jurisdiction vested in it by PD No. 957 and PD No.
1344, to determine the rights of the parties under a contract to sell a subdivision
lot.

ADMELEC Reviewer by ELAH V

Mecano v COA
The Presidents investigatory power emanates from his power of supervison and
control over all executive departments, bureaus, and offices; his power of
supervision over local government units; and his power of appointment of
presidential appointees, which are conferred upon him by the Constitution. His
investigatory power also comes from powers delegated to him by the legislature.
Thus Sec. 64 (c) of the Revised Admin. Code empowers the President:
To order, when in his opinion the good of the public service so requires, an
investigation of any action or the conduct of any person in the Government
service, and in connection therewith to designate the official, committee, or
person by whom such investigation shall be conducted.

Tatad v Secretary of
Dept. of Energy

The above provision has not been repealed by the 1987 Admin. Code, as what it
impliedly repealed or modified are All laws, decrees, orders, rules and
regulations or portions thereof, inconsistent with this Code and the above
quoted Sec. 64 (c) of the Revised Admin. Code is not inconsistent with any
provision of the 1987 Administrative Code.
Two tests have been developed to determine whether the delegation of the
power to execute laws does not involve the abdication of the power to make law
itself. We delineated the metes and bounds of these tests in Eastern Shipping
Lines, Inc. VS. POEA, thus:
There are two accepted tests to determine whether or not there is a valid
delegation of legislative power, viz: the completeness test and the sufficient
standard test. Under the first test, the law must be complete in all its terms and
conditions when it leaves the legislative such that when it reaches the delegate
the only thing he will have to do is to enforce it. Under the sufficient standard
test, there must be adequate guidelines or limitations in the law to map out the
boundaries of the delegate's authority and prevent the delegation from running
riot. Both tests are intended to prevent a total transference of legislative
authority to the delegate, who is not allowed to step into the shoes of the
legislature and exercise a power essentially legislative.
------------------------------------------The delegation of legislative power has become inevitability in the light of the
increasing complexity of th task of government. Thus courts bend as far as
possible to sustain the constitutionality of laws which are assailed as unduly
delegating legislative powers.
---------------------------------------------

Tanada v Tuvera

Ehre the law sets the standards by which the delegate may exercise the
delegated power, the executive or administrative agency concerned cannot add
thereto and justify the exercise of the delegated power on the basis of all such
enlarged standards.
Laws shall take effect after (15) days following their completion of their
publication in the OG or in a newspaper of general circulation, unless it is
otherwise provided. The phrase otherwise provided means that a shorter or
longer period may be fixed by law from publication, when the law will take
effect.
__________________________
We hold therefore that all statutes, including those of local application and
private laws, shall be published as a condition for their effectivity, which shall
begin fifteen days after publication unless a different effectivity is fixed by the
legislature.
Covered by this rule are presidential decrees and executive orders promulgated
by the President in the exercise of legislative powers whenever the same are
validly delegated by the legislature or, at present, directly conferred by the
Constitution. Administrative rules and regulations must also be published if their
purpose is to enforce or implement existing law pursuant also to a valid
delegation.
Interpretative regulations and those merely internal in nature, that is,
regulating only the personnel of the administrative agency and not the public,
need not be published. Neither is publication required of the so-called letters of
instructions issued by administrative superiors concerning rules or guidelines to
be followed by their subordinates in the performance of their duties.
Accordingly, even the charter of a city must be published notwithstanding that
it applies to only a portion of the national territory and directly affects

ADMELEC Reviewer by ELAH V

inhabitants of that place.
---------------------------------------Rules which are merely interpretations of the law or of the regulations issued to
implement the law need not be published to be effective, the said
interpretations not being considered law. Internal rules concerning the personnel
of the administrative agency and legal opinions, which are at best advisory,
need not be published to be effective.
Ang Tibay v. CIR

The technical rules of procedure and of evidence prevailing in courts of law and
equity are not controlling in administrative proceedings.
----------------------------The cardinal primary rights for Administrative proceedings:
1. Right to a hearing
2. Tribunal must consider the evidence presented
3. Decision must be supported by something
4. Supporting evidence must be substantial
5. Decision must be rendered on the evidence presented
6. Judges must act on his own independent consideration of the law and
facts
7. Decide in manner that parties can know the various issues involved and
the reason for the decision.

Corona v United
Harbor Pilots

The usual attack against the validity of a rule or order of an administrative

agency is that it violates due process of law. Due process consists of procedural
and substantive due process. In essence, procedural due process refers to the
method or manner by which the law is enforced, while substantive due process
requires that the law itself, not merely the procedures by which the law would be
enforced, is fair, reasonable and just.

People v. Maceren

Rule-making power
Rule-making power of administrative agencies refers to the power to issue rules
and regulations which result from delegated legislation in the administrative
level. The grant of rule-making power to administrative agencies is a relaxation
of the principle of separation of powers and is an exception to the nondelegation of legislative powers.

Pocket Bell Inc. v

SEC

Liwayway VinzonsChato vs. Fortune

Tobacco, Corp.
(CIR v CA)

Rules and regulations promulgated in pursuance of the authority conferred upon

the administrative agency by law, partake of the nature of a statute. They have
the force and effect of law. The reason is that statutes are usually couched in
general terms, after expressing the policy, purposes objectives, remedies and
sanctions intended by the legislature. The details and the manner of carrying out
the law are oftentimes left to the administrative agency entrusted with its
enforcement. In this sense, it has been said that rules and regulations are the
product of a delegated power to create new or additional legal provisions that
have the effect of law.
The Court held that under the "sense-making and expeditious doctrine of
primary
jurisdiction ... the courts cannot or will n6t determine a controversy involving a
question which is within the jurisdiction of an administrative tribunal, where the
question demands the exercise of sound administrative discretion requiring the
special knowledge, experience, and seruices of the administratiue tribunal to
determine technical and intricate matters of fact, and a uniformity of ruling is
essential to comply with the purposes of the regulatory statute administered "
In this era of clogged court dockets, the need for specialized administrative
boards or commissions with the special knowledge, experience and capability to
hear and determine promptly disputes on technical matters or essentially factual
matters, subject to judicial review in case of grave abuse of discretion, has
become well-nigh indispensable. Thus, in 1984, the Court noted that "between
the power lodged in an administrative body and a court, the unmistakable trend
has been to refer it to the former.Increasingly, this Court has been committed to
the view that unless the law speaks clearly and unequivocably, the choice
should fall on [an administrative agency.]'
On the first issue, the general rule is that a public officer is not liable for
damages which a
person may suffer arising from the just performance of his official duties and
within the scope
of his assigned tasks. An officer who acts within his authority to administer the
affairs of the
office which he/she heads is not liable for damages that may have been caused

ADMELEC Reviewer by ELAH V

to another, as it
would virtually be a charge against the Republic, which is not amenable to
judgment for monetary claims without its consent. However, a public officer is
by law not immune from damages in his/her personal capacity for acts done in
bad faith which, being outside the scope of his authority, are no longer protected
by the mantle of immunity for official actions.
Specifically, under Sec. 38, Book I, Administrative Code, civil liability may arise
where there is bad faith, malice, or gross negligence on the part of a superior
public officer. And, under Sec. 39 of the same Book, civil liability may arise
where the subordinate public officers act is characterized by willfulness or
negligence. In Cojuangco, Jr. V. CA, a public officer who directly or indirectly
violates the constitutional rights of another, may be validly sued for damages
under Article 32 of the Civil Code even if his acts were not so tainted with malice
or bad faith.
Thus, the rule in this jurisdiction is that a public officer may be validly sued in
his/her private
capacity for acts done in the course of the performance of the functions of the
office, where
said public officer: (1) acted with malice, bad faith, or negligence; or (2) where
the public
officer violated a constitutional right of the plaintiff.

ADMELEC Reviewer by ELAH V

1. A ministerial duty is one which is so clear and specific as to leave no room for the exercise of
discretion in its performances.
- The duty is ministerial only when the discharge of the same requires neither the exercise of
official discretion nor judgment.
A discretionary duty is that which by its nature requires the exercise of judgment.
- The faculty conferred upon an official by which he may decide a question either way and still
be right.
2. The government can do no wrong
- Mistakes or errors of government personnel or officers are not errors or acts of he
government.
- Government is not bound by the errors committed by its agents.
3. Presumption of regularity
- Acts done in the performance of official duties are protected by the presumption of good
faith, and even mistakes committed by such public officers are not actionable as long as it is
not shown that they were negligence amounting to bad faith.
4. Doctrine of Primary Jurisdiction or Prior Resort
- Dictates that courts cannot determine a dispute on a question requiring the special
knowledge and expertise of the administrative tribunals.
- If the case therefore is such that its determination requires the expertise, specialized skills
and knowledge of the proper administrative bodies because technical matters or intricate
questions of facts are involved.
- Then relief must first be obtained in an administrative proceeding before a remedy will be
supplied by the courts even though the matter is within the jurisdiction of a court.
5. A. Supplementary or detailed legislation
- They are rules and regulations to fix the details in the execution and enforcement of a
policy set out in law.
B. Interpretative
- They are rules and regulations construing or interpreting the provisions of a statute to be enforced
and they are binding on all concerned until they are changed.
- They have the effect of law and are entitled to great respect; they have in their favor the
presumption of legality.
- The erroneous application of the law by public officers does not bar a subsequent correct
application of the law.
C. Contingent
- they are rules and regulations made by an administrative authority on the existence of
certain facts or things upon which the enforcement of the law depends.
6. Doctrine of Qualified Political Agency
- Department secretaries are alter egos or assistants of the President and their acts are
presumed to be those of the latter, unless disapproved or reprobated by him.
- Pursuant to this doctrine, it has been held that a party aggrieved by an order or decision of a
department secretary may directly file the appropriate action against the department
secretarys action without violating the doctrine of exhaustion of administrative remedies
because his action, as the Presidents alter ego, deemed to be that of the Preisdent.