Professional Documents
Culture Documents
Party be afforded reasonable opportunity to be heard and to submitany evidence he may have in support of the
defense.
In administrative proceedings, it means the opportunity yto explainones side or opportunity to seek a
reconsideration of the action or ruling complained of; a formal or trial-type hearing is not, at alltimes, necessary.
Requirement of notice and hearing in termination cases does not connote full adversarial proceedings, as actual
adversarial proceedings become necessary only for clarification or when there is a need to propound searching
questions to witnesses who give vague testimonies.
Procedural right which employee must ask for since it isnot an inherent right.
Administrative due process dies not necessarily require the assistance of counsel.-
In a request for extradition, the prospective extradite does not face a clear and present danger of loss of property or
employment, but of liberty itself.
The standard of due process that must be met in administrative tribunals allows acertain latitude as long as the
element of fairness is not ignored; even in theabsence of previous notice, there is no denial of due process as long as
the partiesare given the opportunity to be heard.-
opportunity to be heard 2.
Substantial evidence: such relevant evidence as a reasonable mind might accept asadequate to support a conclusion
which is the quantum of proof necessary to prove a change in an administrative case-
To be heard does not mean only verbal agreements in court, one may also beheard through
pleadings.Administrative Determinations where Notice and Hearing are NOT necessary for due process1.
grant of provisional authority for increased rates or to engage in a particular lineof business2.
summary abatement of a nuisance per se which affects the immediate safety of persons/property5.
PinoyLaw.Net Notesbank
Nachura Notes Administrative Law (Kiddy)
Administrative charge of unexplained wealth which may result inforfeiture of the property
Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine
If he voluntarily takes the witness stand, he can be cross-examined, but hemay still invoke the right at the time the
question which calls for ananswer which incriminates him of an offense other than that which ischarged is
asked.Power to Punish Contempt is Inherently Judicial1.
administrative body is engaged in performance of its quasi- judicial powersAdministrative Decisions not Part of the
Legal System
no vested right
Decisions and orders of administrative agencies have upon their finality, the forceand effect of a final judgment
within the purview of the doctrine of res judicata.
Conclusive upon the rights of the affected parties as though the same had beenrendered by a court of general
jurisdiction.
Forbids the reopening of a matter once determined by competent authority actingwithin their exclusive jurisdiction.
question of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a
full-blownhearing2.
LLDA: regulatory and quasi-judicial power in respect to pollution cases and matters affecting the construction of
illegal fishpens, fish cages and other aqua-structures in Laguna de Bay; may issue cease and desist orders-
DECS Regional Director: return to work order; administrative charges; constitutean investigating panel6
PinoyLaw.Net Notesbank
Nachura Notes Administrative Law (Kiddy)
-
Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices-
Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all
such remedies have been availed of and exhausted.Reasons1.
if relief is first sought from a superior administrative agency, resort to courts may be unnecessary2.
judicial review of administrative decisions is usually made through special civilactins, which will not normally
prosper if there is another plain, speedy and adequate remedy in the ordinary course of law
Only decision of administrative agencies made in the exercise of QUASI-JUDICIAL and ADJUDICATORY
POWERS are subject to the rule onexhaustion.
No Where there is competence or jurisdiction vested upon an administrative bodyto act upon a matter, no resort to
the courts may be made before suchadministrative body shall have acted upon the matter.
HLURB
DENR
NTC
DAR
No resort to the courts will be allowed unless the administrative action has beencompleted and there is nothing left
to be done in the administrative structure.7
PinoyLaw.Net Notesbank
Nachura Notes Administrative Law (Kiddy)
A party aggrieved must not only initiate the prescribed administrative proceeding, but must pursue it to its
appropriate conclusion before seeking judicialintervention.Effect of Failure to Exhaust Administrative Remedies-
Doctrine of
Qualified Political Agency
(alter ego doctrine)2.
Administrative remedy is
fruitless
3.
Estoppel
on the part of the Administrative Agency4.
Issue involved is
purely a legal question
5.
Administrative action is
patently illegal
6.
Unreasonable delay
or official inaction7.