Professional Documents
Culture Documents
minimum requirement
I. Introduction
II. Control of Administrative Action Factors which gave rise to admin. agencies
III. Powers and Functions of Administrative 1) growing complexity of modern life - as
Agencies society gets more complex, there are more
things to regulate
IV. Administrative Procedure
2) the multiplication of the subject of
VI. Judicial Review of Administrative governmental regulation
Decision
3) the increased difficulty of administering the
VII. Modes of Judicial Review law
VIII. Extent of Judicial Review
IX. Enforcement of Agency Action Constitutional status of admin. agencies
PART I. the admin. agency does not strictly belong to
INTRODUCTION one branch.
The agency does not constitute a 4th branch
ADMINISTRATIVE LAW - that branch of public of government because the constitutional
law dealing with the doctrines and principles scheme (separation of powers) only allows 3
governing the powers and procedures of branches of government.
administrative agencies including especially
judicial review of administrative action. Role of Admin. Agencies
Residual Powers
An ADMINISTRATIVE AGENCY is any the powers given to the three branches spill
governmental authority other than a court or over because of the 3 shortfalls. There is a
legislative body performing rule-making or need for a body which would act as a
adjudicatory functions. catching mechanism, otherwise, the three
branches would collapse. The AA supports
the trichotomy of powers.
AGENCY includes:
any department, bureau, office, commission,
authority or officer of the National How do these agencies come into being?
Government authorized by law or executive a) by statute
order to make rules, issue licenses, grant b) by the constitution
rights or privileges, and adjudicate cases;
c) by Executive orders - usually fact-finding
government corporations with respect to agencies
function regulating private right, privilege, or
occupation or business;
CREATED CREATED BY THE
officials in the exercise of disciplinary power
BY CONGRESS CONSTITUTION
as provided by law.
(Sec. 2 (1), Book VII, Admin Code of 1987) 1. can be modified 1. perform more
by congress sensitive functions
2. may be altered 2. underscoring the
Powers of an administrative agency
or abolished independence of
a) rule-making the agency thus,
b) adjudicatory insulate it from
c) licensing (permits) political pressure
d) price/rate-fixing
e) implementing/executory The Chief Executive exercises CONTROL
over agencies and offices which perform
rule-making / adjudicatory functions.
Procedure
If the agency is created by Congress - a) Abolition
consider the law that created it. If the law is isnt effective because the admin. agencies
silent as to the control which the President are needed.
may exercise, the President can only
b) Appropriation
SUPERVISE, i.e., to see to it that the laws
are faithfully executed. isnt effective since appropriations are
always given. If no appropriation is given,
the public would suffer.
Why are administrative agencies necessary?
c) Investigatory
Administrative agencies are necessary due
effective only as an aid in legislation and
to the inadequacies of the executive-
cannot serve the need for constant
legislative-judicial trichotomy.
regulation
The 3 great branches of government lack:
d) Prescription of legislative standards
(1) time; (2) expertise; and (3) organizational
aptitude for governmental supervision. ineffective because the standards should be
flexible and those who make the standards
lack the expertise. The standards must be
The doctrine of separation of powers: EFFECTIVE, SUFFICIENT.
To prevent absolutism. Most of the time, Congress is not definite
Under the doctrine of separation of powers, because of (a) varying conditions and (b)
The Supreme Court cannot assume the differences in the need for regulation
administrative function of supervisory control
over executive officials.
e) Prescription of minimum procedural
In Noblejas v. Teehankee (1963), the requirements
Supreme Court struck down Noblejas claim
There should be a shift to Administrative
that the Commissioner of Land Registration,
standards which allows the agencies to
being entitled to the same compensation,
come up with the standards themselves.
emoluments & privileges as a CFI judge,
can only be investigated and suspended in This can be effected in these ways :
the same manner, and not by the Secretary 1) modify the doctrine
of Justice.) 2) procedural due process
Members of the Supreme Court cannot sit
as a board of arbitrators. (Manila Electric
Congress can prescribe minimum
Co. v. Pasay Transpo, 1932)
procedural requirements which have a
A judge cannot become a member of a general applicability to all agencies. But
provincial committee on justice which even with this, there are sill problems,
performs administrative functions. (In Re: namely;
Rodolfo U. Manzano (1988)
1) Agencies are not bound by the technical
rules of procedure
PART II. 2) agencies need flexibility to act
CONTROL OF
ADMINISTRATIVE ACTION These minimum procedural requirements
may be found in Book 7 of the Admin. Code
CONTROL of 1987.
the power to change, modify, alter decisions
of subordinates Substantial evidence - such relevant evidence
SUPERVISION which a reasonable mind will accept as
power to oversee adequate to support a conclusion
A. Legislative Functions
Examples of sufficient standards include:
1. Non-Delegation Doctrine
Assumption by Labor Minister over strikes
theoretically puts a check on the legislature
affecting national interest (Free Telephone
from abdicating its duty by delegating its
Workers Union v. Minister of Labor and b. Filling in of details (Alegre v. Collector of
Employment, 1981) Customs)
Reorganization of administrative regions in
ARMM (Chiongbian v. Orbos, 1995) 3. Administrative Rule making
Standard may be implied from other laws,
Administrative rule-making or subordinate
e.g. RA 5435 (simplicity, economy,
legislation
efficiency)
Valid as long as germane, consistent,
Fixing of rates by National
implements the law
Telecommunications Commission
(Philcomsat v. Alcuaz, 1989) The standards Normative and prescriptive in character
used were public safety, public interest, has the force and effect of law; affects
reasonable feasibility and reasonable rates substantive rights
(case to case basis) must not go beyond the standards
WON rate-fixing is legislative or quasi- prescribed by the law.
judicial General in application
Types of Standing:
E. Ripeness
1. provided by law
2. taxpayers' suit
Purpose of the doctrine of ripeness
3. class suit (according to Abbott Laboratories v.
4. suit as members of the Congress Gardner):
1. to prevent courts, thru avoidance of
If the law specifies in an exclusive manner premature adjudication, from entangling
as to who may appeal those who are not themselves in abstract disagreements over
included have no personality to sue. (Ursal v administrative policies
VTA; Acting Collector v. CTA) 2. to protect agencies from judicial interference
One having no right or interest to protect until decision has been formalized and effect
cannot invoke the jurisdiction of the court as felt in a concrete way or the imminence of
party-plaintiff in an action. (Joya v. PCGG) the effect is demonstrable
The issue of standing is a procedural 2-fold test (must concur):
technicality which may be waived if the issue (1) fitness of the issue for judicial decision
of is of transcendental importance to the (question of law, not policy-making)
public. (Kilosbayan v. Guingona) (2) hardship to the parties of withholding such
The Court differentiated concepts of court action
standing and real party-in-interest and
held that Kilosbayan is not a real party in
General ripeness consideration tests
interest because it was not a party to the
according to National Automatic Laundry
contract. (Kilosbayan v. Morato)
and Cleaning Council v. Shultz:
1. WON there is congressional intent
Tests of standing as laid down in Assn of negativing judicial review
Data Processing Service Organization v.
2. Possibility of courts entangling themselves
Camp
in abstract disagreement over administrative
1) Test of injury in fact (economic injury) policies due to premature adjudication
2) Whether or not arguably in the zone of 3. Fitness of issue for judicial determination
interest sought to be protected by the statute and hardship to parties of withholding
consideration
Three elements of the constitutional
minimum requirements of standing:
(1) the plaintiff must have suffered an injury in
fact an invasion of a legally-protected
PART VI.
interest which is
MODES OF JUDICIAL REVIEW
(a) concrete and particularized and
(b) actual or imminent, not conjectural or
hypothetical Judicial Review
(2) there must be a causal connection between WON it is available is the threshold issue
the injury and the conduct complained of If not available - end of litigation
the injury has to be fairly traceable to the If available - determine the specific
challenged action of the defendant, and not mode of review which must be invoked
Excludes the NLRC
A. Provisions of Law Mentions only one constitutional body: CSC
Listing not exclusive - ejusdem generis
Art. 9A, Sec 7, Constitution: SC retains the special civil action for
Decisions of the COA, COMELEC, and CSC certiorari if there is grave abuse of discretion
may be brought to the SC on CERTIORARI amounting to lack or excess of jurisdiction
within 30 days from receipt of copy of decision As to AAs exercising quasi-judicial functions,
The constitution uses the word may, there is an underlying power in the courts to
meaning review is not mandatory by only scrutinize the acts of agencies on questions
discretionary. of law and jurisdiction even though no right
of review is given by the statute. (Meralco
Securities v. CBAA)
BP 129
Authority of CA to review decisions of quasi-
B. Certiorari
judicial agencies is EXCLUSIVE (if such is
listed in law or if its charter so indicates) Two Kinds of Certiorari
If it is not listed, its decisions can be 1. Simple or Ordinary (Rule 45) - errors of
reviewed by the RTC through the special judgment; questions of law
civil action for certiorari under Rule 65 2. Special Civil Action (Rule 65) - errors of
jurisdiction;
Book VII, Section 25, Administrative Code of - SC has original jurisdiction, concurrent
1987 with the RTC
Agency decisions shall be subject to judicial Purpose: to nullify or set aside the
review in accordance with this chapter and proceedings
applicable laws. (par. 1) Requisites:
WHO MAY SEEK JUDICIAL REVIEW: 1. a) Lack of jurisdiction or
Any party aggrieved or adversely affected by b) grave abuse of discretion amounting to
an agency decision. (par.2) lack or excess of jurisdiction
WHEN TO APPEAL: 2. There is no other plain, speedy, adequate
Within fifteen (15) days from receipt of a remedy
copy (par. 4) 3. Agency or tribunal is performing judicial or
HOW: quasi-judicial functions
File petition for review (par.4)
WHERE TO FILE: C. Prohibition
In the court specified by statute or, in the Requisites:
absence thereof, in any court of competent 1. Lack of jurisdiction or grave abuse of
jurisdiction in accordance with the provisions discretion
on venue of the Rules of Court. (par. 6) 2. No other plain, speedy, or adequate remedy
3. Agency or tribunal is performing quasi-
Petition for Review - question of fact and law judicial and ministerial functions
Must comply with 4. The act to be enjoined is yet to be
The time period performed
Docket fees Purpose
Notice To stop or prohibit proceedings from
going on
If proceedings are already finished - do
SC Revised Administrative Circular 1-95
not use prohibition as by then it would
(Rule 43, 1997 Rules of Procedure) be moot and academic
Grants CA with exclusive jurisdiction to
review decisions of 19 AAs.
Unlike certiorari, prohibition is more 1. existence of a justiciable controversy -
expansive as it caters to quasi-judicial and capable of determination
purely ministerial duties 2. between persons whose interests are
D. Mandamus adverse
Requisites: 3. party seeking declaratory relief must
1. Prove clear and controlling right - not have a legal interest in the controversy
questionable and not subject to dispute 4. issue is ripe for adjudication
2. Duty of the person to whom mandamus
is directed is MINISTERIAL, not Citizenship cannot be declared in an action
discretionary for declaratory relief. (Azajar v. Ardalles)
3. No plain, speedy, adequate remedy DR must precede breach so as to avoid
under the ordinary course of law multiplicity of suits. (De Borja v. Villadolid)
Is it possible to ask for a writ of mandamus DR not available to a taxpayer who
against an agency exercising discretionary questions his tax liability. (National Dental
powers? Supply v. Meer)
Yes, when the writ of mandamus is in
order to compel the agency to exercise
F. Habeas Corpus
or use its discretion but it will not
prescribe the action to be taken by the In what cases will habeas corpus pertinent
board/officer (Policarpio v. Phil Veterans in administrative cases?
Board) Deportation cases
If there is a capricious exercise of such It is a plain, speedy, adequate remedy to
discretion, the remedy is CERTIORARI secure release of persons under custody
Success of petition depends on the legality
WHEN IS MANDAMUS NOT PROPER: of the detention
1. to control or review the exercise of discretion WHC would still issue even if the person is
of a public officer (Blanco v. Board of already released if the release is conditional
Examiners) such as when there is surveillance, there is
limitation in the place where he can go, etc.
2. to compel issuance of visa (Ng Gioc Liu v.
Secretary of Foreign Affairs) Detention is legal if it is reasonable (Mejoff v.
Director of Prisons)
3. to enforce contractual obligations (Province
of Pangasinan v. Reparations Commission) Bail renders a WHC moot and academic as
the bail bond gives him liberty. (Co v.
4. where there is no clear legal right as the
Deporation Board; Lucien Tran Van Nghia v.
source of the "right" is not authorized (Cruz
Liwag) Note though that in Crim Pro we
v. CA)
were taught that WHC may still issue
5. to compel tax assessment not due (Meralco despite the granting of bail when there is still
Securities v. Savellano) effective detention.