Admin Law Gonzales

ADMINISTRATIVE LAW Atty.
Chan-Gonzaga/Dean Roy II-D 2003-2004
ADMINISTRATIVE LAW Emphasis is to the Emphasis of the law is

problems of administrative made on the organization,
Source: ADMINISTRATIVE LAW: A Text, Neptali regulation rather than operation and management
Gonzales administrative of the different branches of
management. govt and on their
CHAPTER I relations
INTRODUCTION If the relation is between the admin agencies
and the individuals affected by the exercise
What is administrative law? of their rule-making or adjudicatory
The author adopts this definition: activities, this is covered by admin law.
In a narrower sense and as commonly used
today, this is the branch of modern law Administrative Law v. Constitutional Law
under which the executive department of the Admin law Constitutional Law
govt, acting in a quasi-legislative or quasi- Provides the details which Provides the framework of
judicial capacity, interferes with the conduct give the skeleton structure governmental organization
of the individual for the purposes of the characteristics of a
promoting the well-being of the community. finished whole.
(Dean Roscoe Pound) Lays down the secondary Lays down the general
rules w/c limit and qualify rules of govt which are
Embraces all the law that controls, or is intended
to control, the administrative operations of or expand and amplify the fundamental and w/o w/c
govt, and includes the law: general precepts laid down no govt org can survive
W/c provides the structure of govt & by consti to be understood
prescribes the procedure and applied to the needs of
It does NOT include the substantive law w/c layman citizens.
administration is supposed to apply. Treats relations of govt Treats of the relations of
with individual from the the govt with individual
In modern usage, it is concerned with the legal standpoint of the powers of from the latters standpoint.
problem arising out of the existence of agencies govt.
which combine in a single entity legislative, Lays emphasis on duties Lays stress upon rights
executive and judicial powers which, in our
system of law were traditionally kept separate. Admin law complements consti insofar as it
Justice Frankfurter - field of control determines the rules of law relative to the
exercised by law-administering agencies activity of the admin authorities.
other than courts, and the field of control
exercised by courts over them. It supplements consti law insofar as it
regulates the admin org of the govt.
Part of the public law which fixes the
organization and determines the competence of Administrative Law v. Penal Law
administrative authorities and indicates to the Admin law Penal Law
individual remedies for the violation of his Penal sanctions for the Consists of a body of penal
rights. (Goodnow) purpose of enforcing a rule sanctions w/c are applied to
of admin law w/c is the ALL branches of the law,
It is the system of legal principles which settle most common and efficient including admin law.
the conflicting claims of executive and means to enforce such
administrative authority on the one side, and of admin law.
individual or private rights on the other.
(Freund) Mere affixing of a penalty to the violation of
a rule of admin law does not deprive it of its
Law concerning the powers and procedures of administrative character.
administrative agencies including specially the
law governing judicial review of administrative
action. (Prof. Kenneth Culp Davis, this is the
well accepted concept of admin law)
Administrative Law v. International Law
Distinguish Administrative Law from other Admin law International Law
Disciplines Lays down the rules w/c Cannot be regarded as
shall guide the officers of binding upon the officers
Administrative Law v. Law of Public Admin
Admin law Law of Public Admin the administration in their of any govt considered in
Rhys Alexei Y. Murillo Page 1 of 45

ADMINISTRATIVE LAW Atty. Chan-Gonzaga/Dean Roy II-D 2003-2004
actions as agents of the their relation to their own 1) Body of statutes which sets up admin agencies
govt. govt. and endows them with powers and duties.
2) Body of rules, regulations, and orders issued by
EXCEPT: insofar as it has
admin agencies.
3) Body of determinations, decisions and orders of
been adopted into the
such admin authorities made in the settlement of
admin law of the state. controversies arising in their respective fields.
4) Body of doctrines and decisions dealing with the
For Phil. Govt officers to be bound by creation, operation and effect of determinations
mandates of international law, the and regulations of such admin agencies.
Legislature must adopt such principles and
translate it into Philippine law. How did Administrative Law Grow and Develop?
Origin is legislation and proceeds from the
Is Administrative Law a General or Specific increased functions of government.
Law? The multiplication of subjects of govt
It is both. regulations and the increased difficulty of
General Admin Law is that which is administering laws became one of the causes
common to all or to many different types of for its development.
admin agencies. (subj matter of the authors
book) In order to enable admin agencies to perform
their functions efficiently and effectively, the
Special Admin Law law which is provided legislature has granted to them the power to
for and derived from the activity of a adjudicate on cases arising within the scope of
particular admin agency. their activities.
Proceeds from a particular statute or
ordinance creating the individual The Phil used to be under the economic
agency. principle of laissez fair (let live alone)
Applies only to such agency. Ang Tibay v. CIR
Policy of laissez faire has to some extent
What are the Kinds of Administrative Law? given way to assumption by the govt of
1) Statutes setting up admin authorities either by: the right of intervention in contractual
creating boards, commissions, and admin relations that are affected with public
officers or interest.
confiding the powers and duties to existing
boards, commission or officers to: Govt has gone into the control &
amplify, regulation of banking, insurance, public
execute, utilities, foreign exchange, finance,
supervise the operations of, and industry, the professions, health, morals
determine controversies arising under and labor-management relations.
particular laws in the enactment of
which the legislature decided for matters Admin law deals pre-eminently with law in the
of convenience or for quicker or more making, and its growth is traced to its:
efficient administration to withhold the Adjustability to change,
controversies, at least in the first Flexibility in the light of experience,
instance, from the courts of law. Swiftness in meeting new emergency
situations, and
2) Rules, regulations or orders of such Efficiency and expertise.
administrative authorities enacted and
promulgated in pursuance of the purposes for What is the reason for the development of Admin
which they were created or endowed. Law?
It arises out of Necessity. The existence and
3) Determinations, decisions and orders of such powers proceed from:
admin authorities made in the settlement of Increased function of govt
controversies arising in their particular fields Complexity of modern social, economic,
and industrial systems,
4) Body of Doctrines and decisions dealing with Inability of legis or courts to perform their
the creation, operation, and effect of functions directly
determinations and regulations of such admin Necessity for constant supervision by
authorities. experts and specialists and the experience
acquired by such specialist in difficult and
What is the scope of Administrative Law? complicated fields

Flexibility which is the mark of admin 3) Determinations whether the administrative or
process in contrast to leg or judicial process. judicial process provides the appropriate remedy
in a particular situation.
What is the relation of Administrative law to
Traditional Law? In all of these areas, particularly in regard to the
Admin law embraces elements hostile to constitutional rights of persons, the judicial
traditional law and regarded as subversive of the process aims to provide security and safeguards
rule of law. where expediency is served by the expertise and
absence of rigidity in the admin process.
Law and administration are to some extent
antagonistic institutions of the government. What is the Nature of Administration?
Administration may be viewed either as a
Legislature have: function or as an organization.
Entrusted protection of interests to admin
agencies rather than to courts (remember What is Administation as a function?
legis has power to apportion court It is the execution, in non-judicial matters, of
jurisdiction, w/ exceptions of course) the law or will of the state as expressed by the
competent authority. It is the activity of the
Established admin agencies as very impt. executive officers of the govt taken in this
tribunals in the administration of justice, narrow but proper sense.
making decisions sometimes of vast
importance and equal to matters determined It is the government in action as opposed to
by courts. deliberation of the rendering of judicial decision
and can be found in all the manifestations of
Although admin agencies strictly speaking are executive action.
not courts, their creation involves the emergence
of a new system of courts in a broad sense no This has to do with carrying the laws into effect
less significant than the evolution of chancery. their application to the current affairs by way
of management and oversight, including
What is the role of the Courts in relation to investigation, regulation and control, in
Admin Agencies? accordance with and in execution of the
Role of Courts is to: principles prescribed by the lawmaker.
Accommodate administrative process to the
traditional judicial system, What is Administration as an Organization?
Accommodate private rights and public It is that group of aggregate persons in whose
interest in the powers reposed in admin hands, the reigns of government are for the time
agencies, and being.
Reconcile in the fields of admin action,
democratic safeguards & standards of fair Indicates the entire administrative organization
play with the effective conduct of extending down from the Pres to the most
government (that is why they can review humble of his subordinates. It is the totality of
admin decisions in cases of GADALEJ) the executive and administrative authorities.
What are the important aspects of judicial role & Distinguish between Administration and Politics
the search for accommodation? Administation Politics
1) The determinations by the courts of the degree Execution of the policies Policies and expressions of
to which admin agencies may be left free to act and expressions of the state the state will
in their own discretion w/o the declaration of will
standards for such action by the legislature. Subjected to the control of Primary function is the
politics expression of the state will,
2) The extent to which the courts will:
Require in quasi-judicial procedure which with a 2ndary function of
approaches that of courts execution of such will.
Refrain from interference with the admin
process Distinguish between Administration and Law
Be restricted from passing upon the legality Administration Law
or correctness of the action taken by the Achieves public security by Operates by redress or
admin agency preventive measures, and punishment rather than
Review, enforce, or provide relief from, selects a hierarchy of prevention. It formulates
action of an administrative agencies officials to each of whom general rules of action and
definite work is assigned. visits infractions with

penalties. the application of rules of a rigid and permanent
Supervises the action. It leaves individuals free to character.
act, but imposes pains upon
What are the recognized weakness and criticisms
those who do not act in
against Administrative action?
accordance with the Sometimes referred to as the fourth branch of
principles described. govt is attacked as a government of discretion
Governed by the ends Safeguards against and is open to potential abuse and arbitrariness.
rather than the rules and is ignorance, caprices or (Justice Frankfurter)
personal, often arbitrary corruption of magistrates
and subject to abuses. and is impersonal. 1) Tendency towards arbitrariness;
If well exercise, it is Is not quick enough or 2) Lack of legal knowledge and aptitude in sound
extremely efficient, more automatic enough to meet judicial technique
efficient than the rival the requirements of a 3) Susceptibility to political bias or pressure often
brought about by uncertainty of tenure and lack
agency can be. complex social
of sufficient safeguards for independence;
organization. 4) Disregard for the safeguards that insure a full ad
fair hearing;
Admin of Govt v. Admin of Justice 5) Absence of standard rules of procedure suitable
Administration of Administration of to the activities of each agency;
Govt Justice 6) A dangerous combination of legislative,
Officers are called Officers are called Judicial executive and judicial functions
Administrative Officers Officers
Work done is NOT Work consists in the What are the other kinds of Administration?
necessarily the result of decision of controversies Administration is of two kinds: internal and
any controversy, and is not between individuals and external.
merely dependent on the government officers as to
solution of the question the applicability in the
what is the law but made cases in question of a
as a result of consideration particular rule of law. External v. Internal Administration.
of expediency. External Internal
Determination of won they Determination of what law Administration Administration
are competent to act, and is applicable to the facts set Deals with relations Considers the legal aspects
must also decide (in case before them between administrative of public administration in
they are competent to act) agencies and individuals its institutional side, that is
if it is wise for them to act. affected by their quasi- a going concern
legislative and quasi-
What are the advantages of Administrative judicial activities. Includes the legal structure
Action Over Both Legislative and Judicial Action or organization of public
1) Regulation by govt opens a way for action to be
taken in the public interest to prevent future administration, and the
harm where there would be no assurance that legal aspects of
any action would be taken if initiative were left institutional activities.
wholly to interested individuals.
Also involves the legal
2) It provides for action that will be prompt and qualifications for office,
preventive, rather than merely remedial, and will disqualifications,
be based on technical knowledge, which would appointments, etc.
not be available if it were taken through the Deals with the relations of Concerned with the
ordinary courts of law. the administration or its relations of officers with
officers with private each other or with the
3) It ensures that the action taken will have regard
individuals administration itself
for the interests of the general public in a way
not possible if it were only the outcome of a Concerned with problems Concerned with the
controversy between private parties to a law suit. of administrative regulation problems of administrative
management
4) It permits the flexibility of rules for the This is the subject matter of Roughly includes the
prevention of socially hurtful, based on Administrative law in its subjects covered in the
discretion, and makes possible the introduction modern and narrower Law of Public Officers
of order in fields, not advantageously admitting sense.

What is Administrative Law in the Philippine What are some limitations of Admin agencies
Setting? acting as a court?
Administrative regulation of private activities Administrative agencies:
was originally undertaken through regular CANNOT exercise PURELY judicial
departments of the executive branch. functions,
Do NOT have the inherent powers of a
There is an increasing use of regulatory agencies court,
specially created to carry out the legislative Are NOT bound in their proceedings by all
policy regulating specified activities. These the rules applicable to proceeding in court.
agencies are given powers to promulgate rules
and regulations implementing statutes and to What are other natures of Admin agencies?
adjudicate controversies arising therefrom. Some are deemed to be agents of the legislative
branch of the government and not of the
executive branch.
CHAPTER II Some on the other hand are deemed as agents of

CREATION, ESTABLISHMENT AND the executive, or described as executive or
ABOLITION OF ADMINISTRATIVE administrative agencies.
AGENCIES
Some are bodies corporate with legal capacity to
What is the nature (in General) of Administrative sue and be sued in the courts and were held to
Agencies? constitute legal entities with perpetual existence
Admin agency is an indefinite and generic term apart from their members.
and covers boards, commission, departments and
divisions and somewhat less familiar Others are without independent existence but are
designations of office and authority. It may merely regarded as instrumentalities of the
even cover a single officer. government or political divisions thereof.
What is an Administrative Agency?

Used to describe an agency exercising some
significant combinations of executive, It is an organ of government, other than a court
legislative, and judicial powers. and other than a legislature, which affects the
rights of private parties through either
Some assert that administrative is the 4 th adjudication or rule making.
power of govt. Viewed from the standpoint of
any particular act of the agency: It may be called a commission, board, bureau,
It is either executive or in the narrowest office administrator, department, authority,
sense administrative, or legislative, or corporation, administration, division or agency.
judicial, or,
How are administrative agencies Created?
To distinguish it from organs which are They are created whether individual or
purely or essentially legislative or judicial, institutional by:
quasi-legislative or quasi-judicial. 1) Constitutional Provisions
E.g.: CSC, COMELEC, COA
Some partake of the nature of public agencies
acting in the public interests, and their 2) Legislature in legislative enactments
jurisdiction is dependent upon the existence of a E.g. : Bureau of Customs, BIR, NLTC,
public interest, since they are not tribunals for PRC, Court of Agrarian Relations, Phil.
the enforcement of private rights. Patent Office, SEC, Board of
Transportation, Social Security
Mere fact that a statute setting up a commission, Commission, BSP, National Grains
does not itself render the commission a court Authority
even if:
The rules of procedure adopted by such 3) Authority of law
commission provide a mode of procedure Under various govt reorganization acts, the
conforming in many respects to the regular President and the Govt Survey and
practice of the court, or Reorganization Commission had been
authorized and had in fact created
The commission possess or exercises administrative offices and agencies in the
powers and functions resembling those course of the reorganization of the executive
exercised by the courts branch of the govt.

E.g.: defunct Board of Tax Appeals and What is the degree of Control of the Legislature
Regional Offices of the DOLE. over Administrative Agencies?
Legislative power over admin agencies is very
What are the Purposes of Administrative broad, it is the legislative branch that:
Agencies? Promulgates the general policy
1) To dispense certain privileges accorded by the Creates the agency to administer it if none is
govt; already in existence for the purpose
2) To carry on governmental business or functions; Prescribes the mode of appointment, the
3) To carry on or undertake some business service term of office and compensation;
for the public; Fixes its authority and procedure;
4) To regulate certain public callings or business Determines the size of its personnel and
affected with public interest; staff;
5) To promote the general welfare through police Exercises continuing surveillance over its
regulations activities;
6) To determine rights of individuals in certain May investigate its operations for remedial
cases where a strong social policy is involved. or corrective legislation
What are Common Types of Administrative Legislature is more and more in favor of
Agencies? enacting statutes in broad and general wording
1) Agencies created in situations wherein the and leaving details thereof to administrative
government is offering some gratuity, grant, or agencies to fill by rules, orders, regulations and
special privilege the like.
E.g.: Phil. Veterans board (defunct), Board
on pensions for Veterans, NARRA, How are Administrative Agencies Reorganized
Philippine Veterans Administration and Abolished?
Experimentation is frequent in the field of
2) Agencies set up to function in situations wherein administration, and particular admin agencies
the govt is seeking to carry on certain govt are sometimes:
functions. Abolished and new ones created embodying
E.g.: Bureau of Immigration, BIR, Board of the fruits of experience;
Special Inquiry, Board of Commissioners, Reorganized or their functions transferred to
CSC, BSP other agencies.
3) Agencies set up to function in situations wherein Congress has at various times vested powers in
the govt is performing some business service for the President to reorganize executive agencies
the public and redistribute functions and the transfers made
E.g.: Bureau of Posts, Postal Savings Bank, under such are held by the SC to be within the
MWSS, Phil National Railways, Civil authority of President.
Aeronautics Administration
Any doubt as to the authority granted to the
4) Agencies set up to function in situations wherein President and the due exercise thereof, is
the govt is seeking to regulate business affected determined by congressional approval and
with public interests ratification in subsequently recognizing the
E.g.: Fiber Inspection Board, Phil Patent validity of the transfer by making appropriations
Office, Office of the Insurance for the purpose of carrying out the transferred
Commissioner function.
5) Agencies set up to function in situations wherein Constitutionally created admin agencies cannot
the govt is seeking under the police power to be abolished by statute, while admin agencies
regulate private business and individuals created by statute or through the authority of a
E.g.: SEC, Board of Food Inspectors, statute may be validly abolished and reorganized
MTRCB, PRC by the legislature.
6) Agencies set up to function in situations wherein

the govt is seeking to adjust individual
controversies because of some strong social CHAPTER III
policy involved ADMINISTRATIVE AGENCIES AND THE
E.g.: NLRC, Court of Agrarian Relations, PRINCIPLES OF SEPARATION AND
the Regional Offices of DOLE, the Social NON-DELEGATION OF POWERS
Security Commission, Bureau of Labor
Standards, Women and Minors Bureau.

What are the three broad segments of the study It originated from glossators,
of Administrative Law?
1) Transfer of power from the legislature to Was introduced into the English law through
administrative agencies; the misreading of Bracton, and it developed
2) Exercise of such delegated powers by these as a principle of agency, as established by
agencies; Lord Coke in the English public law in
3) Review of such administrative actions by the decisions forbidding the delegation of
courts judicial power.
In general, how are the principles of separation It found its way into America as an
and non-delegation of powers applied in admin enlightened principle of free govt and has
agencies? become an accepted corollary of the
Laws enacted by the legislature prescribing the principle of Separation of Powers.
powers and functions of administrative agencies
must respect constitutional limitations. What is the ethical basis for the Rule?
Based on the principle of potestas delegate non
It is important to determine whether the transfer potest delegari
violates constitutional inhibitions since admin A delegated power constitutes not only a
agencies are usually vested rule-making and right but a duty to be performed by the
adjudicatory powers similar to legislative and delegate by the instrumentality of his own
judicial powers. judgment and not through the intervening
mind of another.
What are the most common limitations imposed
by the constitution? According to Judge Cooley
Constitutional principles of separation of powers One of the settled maxims in consti law is
and non-delegability of powers. that the power conferred upon the legislature
Prohibits the delegation of legislative power, to make laws cannot be delegated by that
the vesting of judicial officers with non- department to any other body or authority.
judicial functions, as well as the investing of
non-judicial officers with judicial powers. Where the sovereign power of the state has
located the authority, it must remain there,
It is for these reasons that the principles of and by that constitutional agency alone the
separation and non-delegation of powers are laws must be made until the Consti is
intertwined with the 1st & 3rd segments in the changed.
study of admin law.
The power to whose judgment, wisdom, and
What is the effect of the emergence of patriotism this high prerogative has been
administrative agencies in the execution of laws entrusted cannot relieve itself of the
and promulgation of rules and regulations? responsibility by choosing other agencies
It has to a large extent, relaxed the rigidity of the upon which the power shall be devolved, nor
theory of separation of powers by permitting the can it substitute the judgment, wisdom and
delegation of greater power by the legislature patriotism of another body for those to w/c
and vesting a large amount of discretion in the people alone have seen fit to confide this
administrative and executive officials sovereign trust.
What is the Rule of Non-Delegation of Powers? What is the applicability of this Rule to
No department of the govt (legis, exec & Legislative Power?
judiciary) can abdicate authority or escape The rule is applicable to all 3 departments, but
responsibility by delegating any of its power to has found greater persistent application to the
another body. prohibition against the delegation of legislative
power.
EXCEPT: when such delegation is authorized
by Consti. According to Locke:
Legislative neither must nor can transfer the
EFFECT of delegation: It is VOID under the power of making laws to anybody else, or
maxim of potestas delegate non potest delagari place it anywhere but where the people
have.
What is the origin of the Rule of Non-Delegation
of Powers? Rule against delegation of legislative power is
This rule is wholly judge-made. fixed and unalterable, not depending upon the
Justice Laurel in People v. Vera gave the origin existence of an emergency.
as follows:

Unconstitutional delegation of power is not 5) Delegation of power to ascertain facts,
validated by the establishment of: contingencies, or events upon which the
Procedural safeguards; applicability or non-applicability of a law is
Right of judicial review; or made to depend;
Assumption that the officer acts and will 6) Delegation of powers to the people at large,
act for the public good. when such has been reserved in the Constitution;
7) Delegation of power to the executive in the field
Is the prohibition provided by the Rule absolute? of foreign or international relations.
The rule does not embrace every power the
legislature may properly exercise. * Note: Strictly speaking there are only two
Any power NOT legislative in character instances of permissible delegation that is nos. 1&2,
which the legislature may exercise, it may exceptions no. 3-7 are exceptions in a broader sense.
delegate.
What are permissible delegations under the
What the rule precludes is the: Constitution?
(1) Delegation of powers which are strictly and
exclusively legislative; and 1973 Constitution, Art. VIII, Secs. 15 & 17(2)
[these are now contained in Art. VI, Sec. 23(2)
(2) The legislatures abdication of its own & 28(2) of the 1987 Consti respectively]
power and the conferring of such power
upon an administrative agency to be In times of war or other national emergency, the
exercised in its uncontrolled discretion. Natl Assembly (now Congress) may by law authorize
the Prime Minister (now President), for a limited
Supreme essential power that the legis period and subject to such restrictions as it may
CANNOT delegate is the power to make law, at
prescribe, to exercise powers necessary and proper to
least purely substantive law.
Legislature cant delegate to admin agencies carry out a declared national policy. Unless sooner
the determination of: withdrawn by resolution of the Natl Assembly, such
What the law shall be powers shall cease upon its next adjournment.
Whom it may be applied
What acts are necessary to effectuate the The national assembly may by law authorize the
law. Prime Minister to fix within specified limits, and
subject to such limitations and restrictions as it may
The essentials of the legislative function are: impose, tariff rates, import and export quotas, tonnage
The determination of the legislative and wharfage dues, and other duties and imposts.
policy; and
The formulation and promulgation as a In the Emergency Powers Cases, the SC
defined and binding rule of conduct. interpreted Sec. 22(2) of 1935 Consti and ruled:
(stated otherwise, it is the determination of
the legislative policy and legislative The grant of emergency powers to the
approval of a rule of conduct to carry that President in times of war or any other
policy into execution.) national emergency should be for a limited
period. And such powers are
Consti has never been regarded as denying to the Self-liquidating in nature
legislature the necessary resources of flexibility Co-extensive and co-existent with the
and practicality to perform its functions. emergency w/c gave rise to the grant
thereof.
The legislature may delegate to an
administrative agency the exercise of a When Congress is able to meet and regularly
limited portion of its legislative power with perform other duties under the Constitution,
respect to some specified subject matter. an automatical extinction of the law
delegating such emergency powers results.
What are the exceptions to non-delegation of
powers by legis? In one case, Justice Padilla (concurring
1) When permitted by the Constitution itself;* opinion) said that:
2) In case of delegation of legislative powers to To withdraw, terminate or revoke the
local govts* delegation of legislative powers to the
3) Delegation of the power to fill in details; President, a concurrent resolution
4) Delegation of rule-making and adjudicatory would be sufficient.
powers to admin bodies, PROVIDED,
ascertainable standards are set;

The concurrence of the President is Congress is empowered to delegate this
superfluous and unnecessary. legislative power to such agencies in the
territories it may select.
After Congress had made that A territory stands in the same relation to
declaration that the President would no Congress as a municipality or city to a state
longer exercise the legislative powers government.
delegated to him, it partook of a
complete and absolute revocation of the What are the powers usually delegated to Local
delegation of such powers. governments?
1) Part of Police Power of the state
A bill w/c Congress passed revoking 2) Power of Taxation
emergency powers granted by the 3) Power of Eminent Domain
President cannot be vetoed by the latter, 4) Creation of Municipal Offices
and even if vetoed, such bill may at least 5) Establishment of Municipal hospitals, asylums,
be considered as a concurrent resolution poor-houses and other charitable institutions;
of Congress formally declaring the 6) Franchises to use municipal streets
termination of the emergency powers. 7) Incurring of Municipal Indebtedness
(CJ Paras, ponente) 8) Municipal Licenses for Occupations/Privileges
9) Ownership of Public Utilities
Sec. 15 of 1973 Consti (see left) solved the 10) Regulation and Control over Streets
problem by providing that the Natl Assembly 11) Special Assessments and others.
(Congress) need not pass a bill repealing a
statute granting emergency powers and may be What is the exception of Delegation of Power to
withdrawn by mere resolution. Fill Up Details?
If not withdrawn sooner by a resolution, Matters of detail may be left by the legislature to
such powers cease upon the next be filled by rules and regulations to be adopted
adjournment of Congress. or promulgated by executive officers and
administrative boards.
In cases of authority of President to fix tariff Legislature may only make a general
rates, etc., Sec. 17, of 1973 Consti provides that provision and give powers to those who are
the delegated power must be exercised within to act under such general provision to fill up
specified limits and subject to such limitations the details.
and restrictions as it may impose to prevent a
wholesale abdication of authority by the This is the subsidiary power to fill up the details
legislature. or to find facts to carry the legislative declared
policies into effect.
The max and min should be fixed by law Congress may declare its will, and after
and the authority granted to Pres must be fixing a primary standard, devolve upon
exercised within these limits. administrative officers, the power to fill up
the details by prescribing administrative
rules and regulations.
What is the exception of Delegation of Powers to What is the exception of Delegations of Powers to
Local Govts? Admin Bodies?
Rule is sanctioned by the practice that delegation With the increasing complexities of modern life,
to local authorities does not transgress the it was found that neither the legislature nor the
principle of non-delegation. courts were equipped to administer the laws.
Local affairs shall be managed by local
authorities and general affairs by the central Legislature is not always in session and can
authority. agree only on general policies but not on matters
of detail.
The creation of municipalities exercising There is also a danger that too detailed
local self-government has never been held to control and regulation on the part of the
trench upon the rule and is not regarded as a statute creating admin bodies may hamper
transfer of general legislative power but their efficiency and render them impotent in
rather as the grant of authority to prescribe: the face of changing conditions.
Local regulations accdg. to immemorial
practice To enable admin agencies to achieve their
Subject to the interposition of the functions efficiently and effectively, the
superior cases of necessity. legislature has granted to them the power to
adjudicate on cases arising w/n the scope of
their activities.

state of things upon which the law makes, or
SC has constantly held that there is no undue intends to make, its own action to depend.
delegation of powers to admin agencies so long
as the legislature: There are many things upon which wise and
(1) Lays down a policy useful legislation must depend which cannot
(2) Provides a standard by which an be known to the lawmaking power, and
administrative body may be guided. must, therefore, be a subject to inquiry and
determination outside the halls of
While it is not necessary that Congress supply legislation.
administrative officials with a specific formula
for their guidance, it is yet mandatory that What is the exception of Delegation of Powers to
Congress shall lay down by legislative act an the People at Large?
intelligible principle which the agency is bound People in their sovereign capacity have
to follow. voluntarily delegated the power to enact laws to
the legislature, and conversely, no objection may
What are the advantages of Delegation of Power be raised where the people have expressly
to Administrative Agencies? reserved to themselves in the Consti the power
1) It relieves the legislature of a great burden of of decision with respect to certain matters.
work in respect to which it has no special
competence, and thus enables it more largely to Under Art. XVI, Sec. 2 of 1973 Consti (now
direct its attention to matters of general import; Art. XVII, Sec. 3, 1987 Consti) the people
have reserved to themselves the finality of
2) It entrusts the drafting of detailed provisions, decision with respect to approval of any
which are usually of a highly technical changes in the Consti.
character, to the agencies most familiar with the
conditions to be met and which will have the What is referendum?
responsibility of their enforcement; It is the principle or practice of referring
measures passed upon by the legislative to a
3) It permits a great flexibility in adopting the body of voters, or electorate, for approval or
regulations to the different classes of individuals rejection.
or interests affected; and
Also defined as the reservation by the people of
4) It makes possible the prompt modification of a a state, or local subdivision thereof, of the right
provision as soon as experience demonstrates to have submitted for their approval or rejection
that it is unsatisfactory. under certain prescribed conditions, any law or
part of a law passed by the law making body.
What is the exception of Delegation of Power to
Ascertain Facts and Events to determine the Referendum according to weight of authorities is
applicability of the law? not violative of a republican govt.
Congress may enact a law the taking effect of
w/c is made to depend upon the happening of What are the Tests of Validity of Delegation of
future specified contingencies to be determined powers?
by executive or administrative offices/agencies. Two tests have been resorted to by the courts in
deciding delegation of power cases these are:
The power to ascertain the existence of facts or (1) The completeness or incompleteness of the
conditions as the basis of taking into effect of a statute; and
law may be rightfully exercised by Congress (2) The absence or sufficiency of standard.
itself and since it is NOT legislative in character,
it may be delegated. These two tests have apparently been merged
into one as held in Vigan Electric Light Co. Inc.,
Cruz v. Youngberg vs. Public Service Commission & Pelaez vs.
To assert that a law is less than a law Auditor General:
because it is made to depend on a future For a valid delegation, it is essential that the
event or act, is to rob the legislature of the law delegating powers must both be:
power to act wisely for the public welfare a) Complete in itself it must set forth the
whenever a law is passed relating to a state policy to be executed by the delegate;
of affairs not yet developed or to things and
future and impossible to fully know.
b) Fix a standard the limits of which are
Legislature cannot delegate its power to sufficiently determinate or determinable
make the law; but it can make a law to to which the delegate must conform.
delegate its power to determine some fact or

What is the Completeness or Incompleteness of lawful, Justice Hughes provides for three criteria
the Statute Test? that must be met:
A law must be complete in all its terms and (1) The policy must be clearly defined in the
provisions when it leaves the legislative branch language of the statute and not left to the
of govt. discretion of the grantee or delegate
Nothing is left to the judgment of others, or
other appointee or delegate of the (2) The statute must pronounce standards to
legislature. guide the executory behavior of the delegate
or grantee; presumably, such standards
A law is unconstitutional and deemed as an would also have the virtue of giving the
improper delegation of legislative power where: Court something to determine, upon judicial
It is incomplete as a legislation; and review, whether the subordinate action was
Authorizes an executive board to decide ultra vires in relation to the law.
what shall and what shall not be deemed as
an infringement of the law. (3) Formal findings by the delegate or
grantee would be a condition precedent to a
valid exercise of such delegated authority,
assuming that the statute satisfied the above
A statute is COMPLETE when the following are policy and standards criteria.
stated: The delegate must specify in his order
(1) Subject of the law the facts and circumstances that justified
(2) The manner of its application the action that he purported to take
(3) The extent of its operation under the statute delegating to him his
authority to act.
The test of completeness is the question of
whether the provision is sufficiently definite and What is a standard? (Edu v. Ericta)
certain to enable one to know his rights and It is a criterion laid down by the legislature by
obligations. which the policy and the purpose of the law may
It is not improper delegation when the legis be carried out.
already describes in the law what job must
be done, who must do it, and the scope of It defines the legislative policy, marks its limits,
his authority. and maps out its boundaries.
When statutes delegate discretion, is it necessarily It indicates the circumstances under which the
incomplete? legislative command is to be effected.
A statute is NOT necessarily incomplete and an
undue delegation of power because it delegates Some Delegation Cases discussed in the book
discretion. (doctrines only)
Vigan Electric Light Co., Inc. v. Public Service
It becomes incomplete depending upon the Commission
discretion delegated. The true distinction is Consistently with the principle of separation
between the delegation of power: of powers w/c underlie our constitutional
To make the law w/c necessarily involves system, the legislative powers may not be
a discretion as to what the law shall be delegated except to local govts and only as
(improper delegation) to matters purely of local concern.
Conferring authority w/c involves Congress may delegate to admin agencies

discretion as to the execution of the law to the power to supply the details in the
be exercised under and pursuance of the law. enforcement or execution of a policy laid
(valid delegation) down by a law w/c is complete in itself.
The law is not deemed complete unless
What is the Absence of Sufficiency of Standard it lays down a standard or pattern
Test? sufficiently fixed or determinate or at
Even if a statute delegates authority, if it lays least determinable without requiring
down a policy and a definite standard by which further legislation.
the executive or admin officer or board may be
guided in the exercise of his discretionary Without such, there would be no
authority, there is no undue delegation of reasonable means to ascertain whether
legislative power. or not said body has acted w/in the
scope of his authority.
In order for a delegation of legislative power to As a consequence of such absence,
the President or any admin body or officer to be the power of legislation would be

exercised by a branch of govt other (7) In order to protect the international
than the legis as ordained by the reserves to protect the international
Const and violates separation of stability of the peso to maintain monetary
powers. stability in the Philippines to promote a
rising level of production, employment and
Schecter Poultry Co. v. United States real income in the Phil;
The broad discretion granted to the President (8) All educational institutions to observe daily
in approving or prescribing codes of the fair flag ceremony, which shall be simple and
competition is virtually unfettered and such dignified and shall include the playing or
code-making authority is an unconstitutional singing of the Phil Natl Anthem.
delegation of legislative powers. How has the SC applied the aforementioned
Legislative standards in its decisions? (Case
Pelaez v. Auditor General discussions in book)
The authority to create municipal
corporations is essentially and eminently Public Interest as a Standard:
legislative in nature since they are purely
creatures of the statute. PEOPLE v. ROSENTHAL
(68 PHIL 28)
For Congress to validly delegate to another
branch of the govt the power to fill in the Act no. 2581, otherwise known as the Blue Sky
details in the execution, enforcement or Law; requires every person, partnership or corporation
administration of a law it is essential that the
law delegating the powers must be: to obtain a certificate or permit from the Insular
a) Complete in itself; and Treasurer before offering for sale to the public
b) Fix a standard. speculative securities. The Insular Treasurer, under the
law, is empowered to cancel or revoke a certificate or
Without a statutory declaration of policy, permit previously issued by him. Convicted under the
the delegate would in effect, make or penal provision of the law, Rosenthal appealed to the
formulate such policy, which is the essence
SC and argued that Act 2581, insofar as it empowers
of every law.
the insular treasurer to issue and cancel permits or
Without the standard, there would be no certificates is an undue delegation of power .
means to determine whether the delegate has
acted within or beyond the scope of his HELD: The act furnishes the Insular
authority. Treasurer sufficient standard to follow in reaching a
decision regarding the issuance or cancellation of a
What are Legislative Standards which are
certification or permit. He is empowered to issue a
considered adequate in the US and in the
Philippines? permit only when his is satisfied that the applicant has
In the United States: complied with the provisions of the said Act. On the
(1) Just and reasonable; other hand, the authority of the Insular Treasurer to
(2) Unreasonable and Obstruction to cancel or revoke a certificate or permit is expressly
navigation; conditioned upon a finding that such a cancellation is
(3) Public Interest; in the public interest. In view of the intention and
(4) Reciprocally unequal and unreasonable;
purpose of the Act to protect the public against
(5) Public convenience, interest, or necessity;
(6) National Security or defense; speculative schemes which have no more basis than
(7) Unfair Methods of Competition; so many feet of blue sky and against the sale of stock
(8) Tea of an inferior quality; in fly-by night concerns, visionary oil wells, distant
(9) Films are in the judgment and discretion of gold mines, and other like fraudulent exploitation,
the Board of Censors of a moral, educational public interest in this case is a sufficient standard to
or amusing, and harmless character. guide the Insular Treasurer.
In the Philippines:
(1) Public welfare;
(2) Necessary in the interest of law and order;
(3) Public interest;
(4) Justice and equity and substantial merits of Public Convenience and Interest as a
the case; Standard:
(5) Simplicity, economy and efficiency;
(6) Adequate and sufficient instruction; CALALANG v. WILLIAMS

(70 PHIL 726) is no undue delegation of power. RA 51 in authorizing

the President, among others, to make reforms and
Commonwealth Act 548 authorized the Dir. Of changes in GOCCs lays down a standard policy that
Public Works, with the approval of the Sec. of Public the purpose shall be to met the exigencies attendant
Works and Communications to promulgate rules and upon the establishment of the free and independent
regulations for the regulation and control of the use and Govt of the Philippines and to promote simplicity,
traffic on national roads. The Dir. of Public Works, economy and efficiency in their operation. The
with the approval of the Sec., and upon the standard was set and the policy fixed. The President
recommendation of the National Traffic Commission, had to carry the mandate. This he did by promulgating
issued an order closing to animal-drawn vehicles, EO 93 which, tested by the rules above cited, does not
certain portions of Rizal Ave and Rosario St., both in constitute an undue delegation of legislative power.
the City of Manila. Petitioner challenges the
constitutionality of said order as having been issued To Maintain Monetary Stability as a Standard:
pursuant to an undue delegation of power.
PEOPLE v. JOLLIFFE
HELD: There is no undue delegation of power. (GR No. L-9552, prom. May 13, 1959)
The authority delegated to the Dir. of Public Works is
not to determine what public policy demands or what On Dec. 7, 1953, when appellant was about to
the law shall be, but merely the ascertainment of facts board a plane of the Pan American World Airways,
and circumstances upon which the application of the four pieces of gold bullion were found in his body.
law is to be predicated. Under the law in question, the There was also found in his possession a $100
promulgation of rules and regulations on the use of travelers check. He was charged with and convicted
national roads and the determination of when and how of violation of RA 265 and sentenced to imprisonment,
long a national road should be closed to traffic, is to be to pay fine and costs, as well as decreeing the forfeiture
made with a view of the condition of the road or the in favor of the Govt of the gold bullion and the
traffic thereon and the requirements of public travelers check. He appealed and among others
convenience and interest. Definite standards are challenged the validity of Circular No. 21 of the
therefore provided in the law. Central Bank on the ground that it is an undue
delegation of powers.
Simplicity, Economy and Efficiency as a HELD: Distinction should be made between

Standard: the delegation of the power to determine what the law
shall be and the delegation of authority to fix the
CERVANTES v. AUDITOR GENERAL
details in the execution or enforcement of a policy set
(GR No. L-4043, prom. May 26, 1952)
out in the law itself. The delegated authority falls
Petitioner was in 1949, the manager on the under the second category for which a reasonable
NAFCO with the salary of P15T a year. By resolution standard has been set. Sec 74 of RA 265 conferred
of the Board of Dir of the said corporation, he was upon the Monetary Board and the President the power
granted quarters allowance of not exceeding P400 a to subject to licensing all transactions in gold and
month. Submitted to the Control Committee of the foreign exchange in order to protect the international
Govt Enterprises Council for approval, said resolution reserve of the Central bank during an exchange crisis
was disapproved on the strength of the and to give the Board and the Govt time in which to
recommendation of the NAFCO auditor concurred in take constructive measures to combat such crisis. The
by the Auditor General. The Govt Enterprises Board is likewise authorized to take such appropriate
remedial measures as are appropriate to protect the
Council was created by the President under EO 93
international stability of the peso whenever the
pursuant to RA 51, which authorizes the President to
international reserve is falling, as a result of the
effect such reforms and changes in GOCCs for the
payment or remittance abroad w/c, in the opinion of the
purpose of promoting simplicity, economy, and
Board, are contrary to the national welfare.
efficiency in operations. Petitioner challenged the
Furthermore, these powers must be construed and
action of the Govt Enter. Council and contended that
exercised in relation to the objectives of the law to
EO 93 is an undue delegation of power.
maintain monetary stability in the Phil and to promote
a rising level of production employment and real
HELD: So long as the legislature lays down a
income in the Phil. These standards are sufficiently
policy and a standard is established by the statute, there

concrete and definite to vest in the delegated authority
the character of administrative details in the
enforcement of the law and to place the grant of said What are the two fundamental concepts that
emerged from the Rule of Delegation of Powers to
authority beyond the category of a delegation of Admin agencies?
legislative power. From the principles governing the rule against
delegation of powers and the exceptions, the two
Simplicity and Dignity as a Standard: fundamental concepts are:
GIL BALBUNA v. SEC OF EDUCATION (1) The legislature MAY NOT confer discretion
(GR No. L-14283, prom. Nov. 29, 1960) in the execution or administration of the
law; and
Petitioners, members of the religious sect
Jehovahs Witnesses challenged the constitutionality
(2) The legislature MUST DECLARE a policy
and FIX a standard in enacting a statute
of RA 1265 by virtue of w/c the Sec. of Education conferring discretionary power upon an
issued Dept. Order No. 8, prescribing compulsory flag administrative agency.
ceremony in all schools as an undue delegation of The agency may be authorized to fill
legislative power. Sec 1 of the said act requires all up the details in promoting the purpose
educational institutions to observe daily flag ceremony, of the legislation and carrying it into
which shall be simple and dignified and shall include effect.
the playing or singing of the Phil National anthem. Sec
Although in general, the power to legislate
2 thereof authorizes the Sec of Educ to issue rules and CANNOT be delegated, the legislature has the
regulations for the proper conduct of the flag right to delegate to designated agencies certain
ceremony. powers of fact-finding and regulation it
possesses as long as legislature:
HELD: The requirements constitute an Fixes the limits within w/c such powers are
adequate standard to wit, simplicity and dignity of the to be exercised.
flag ceremony and the singing of the national anthem
What are the powers vested in the Legislature by
especially when contrasted with other standards
the Consti w/c cannot be delegated to Admin
heretofore upheld by the courts such as public interest, agencies?
public welfare, interest of law and order, justice and The powers to:
equity, and substantial merits of the case, or adequate Declare whether or not there shall be a law
and efficient instruction. That the legislature did not To determine the general purpose or policy
specify the details of the flag ceremony is no objection to be achieved by the law
to the validity of the statute, for all that is required of it To fix the limits within which the law shall
operate
is the laying down of standard and policy that will limit
the discretion of the regulatory agency. To require the Can the Legislature delegate the above powers
statute to establish in detail the manner of exercise of without violating the Constitutional prohibition?
the delegated power would be to destroy the Where the legislature has laid down the
administrative flexibility that the delegation is intended fundamentals of a law (as discussed above, e.g.
to achieve. policy and standard), it may delegate to
administrative agencies the authority to exercise
Where should the Legislative Standard be such legislative power as is necessary to carry
located and found? into effect the general legislative purpose.
It is desirable that it be embodied in the very
provision of the statute delegating the authority, Is there a need for Clear Legislative Intent to
although it may be found elsewhere like when Delegate in cases of delegation of powers?
other provisions are considered. Legislature may confer on admin boards or
bodies quasi-judicial, powers involving the
The purpose of the law may NOT be left out in exercise of judgment and discretion, as an
the ascertainment of the standard. incident to the performance of admin functions.
The standards need not be tested in isolation
but referred to the purpose of the law, its
factual background and its statutory context. Legislature MUST state its intention in
EXPRESS terms that would leave not doubt.
To be valid, the exercise of quasi-judicial

powers conferred must:

Be limited to only those: An officer who is required to exercise his own
Incidental to, or judgment and discretion in making an order is
In connection with the performance of not precluded from utilizing, as a matter of
admin duties; and practical administrative procedure, the aid of
subordinates directed by him to investigate and
NOT amount to conferment of jurisdiction report the facts and their recommendation in
over a matter exclusively vested in courts. relation to the advisability of the order.
Bill Miller v. Atanacio A. Mardo et al. Administrative authorities having the power to
Judicial powers are vested only in the SC determine certain questions after a hearing may
and in such inferior courts as may be make use of subordinates to hold the hearing,
established by law. and make their determinations upon the report of
the subordinates, without violating the principles
The legislature could not have intended to as to fairness of hearing or delegation of powers.
grant such powers to the Reorganization
Commission, an executive body, as the
Legislature MAY NOT and CANNOT
delegate its power to legislate or create CHAPTER IV
courts of justice to any other agency of the POWERS AND FUNCTIONS OF
govt. ADMINISTRATIVE AGENCIES
The legislature must state its intention in What is the Source and Scope of the Powers and
express terms when conferring upon admin Functions of Administrative Agencies?
boards or bodies quasi-judicial powers Powers and functions of Admin agencies are
involving the exercise of judgment and defined either in:
discretion as incident to the performance of (1) Constitution;
admin functions. (2) Legislation; or
(3) Both.
What is Subdelegation in Administrative
Agencies? Admin boards, commissions, and officers have
It is the transmission of authority from the heads no common-law powers.
of agencies to subordinates.
What is the effect if the powers and functions are
Sound principles of organization demand that created by statutes or left only to be defined by
those at the top be able to concentrate their thelegislature?
attention upon the larger more important Such powers are limited only to those that are
questions of policy and practice, and that their conferred expressly or by fair implication.
time be freed, so far as possible, from the
consideration of the smaller and less important An admin officer, has only such powers as are
matters of detail. expressly granted to him and those necessarily
implied in the exercise thereof.
What is the Extent of Permissible Subdelegation
of Authority?
The permissible extent depends primarily upon
the intent of the legislature. Makati Stock Exchange Inc., v. SEC
The test is not whether the Act forbids the
The general principle of delegates potestas non Commission for imposing a prohibition but
potest delegare provides that a delegated power whether it empowers the Commission to
may not be further delegated by the person to prohibit.
whom such power is delegated.
No specific portion of the statute has been
Merely ministerial functions may be delegated cited to uphold this power.
to assistants whose employment is authorized.
It is fundamental that an administrative
There is NO authority to delegate (subdelegate) officer has only such powers as are
acts discretionary or quasi-judicial in nature. expressly granted to him by the statute, and
Authority from the legislature is necessary those necessarily implied in the exercise
to the power of a commission to appoint a thereof.
general deputy who may exercise quasi-
judicial powers. How should the Grant of Powers to Admin
Agencies be Construed?

General language describing the powers and What is the test in Determining the Nature of the
functions of an administrative body may be Power?
construed to extend no further than the specific The test as to whether a power is strictly
duties and powers conferred in the same legislative or whether it is administrative is to
statute. determine whether its exercise involves a
discretion as to:
In determining whether the admin agency has a
certain power, the authority given should be What the law shall be this is a legislative
liberally construed in the light of: powers which cannot be validly delegated to
(1) The purposes for which it is created; and an admin body
The declaration and establishment of the
(2) That which is incidentally necessary to a policy of the law, cannot be delegated to
full exposition of the legislative intent nor exercised by admin agencies.
should be upheld as being germane to
the law. Merely the authority to fix the details in the
execution or enforcement of a policy set
In the construction of a grant of powers, it is a out in the law itself this is merely a
general principle of law that where the end is administrative or quasi-legislative power,
required, the appropriate means are given. and can be validly delegated.
Implication of necessary powers may be The authority to make rules and
especially appropriate in the field of internal regulations to carry out a policy
administration. declared by the lawmakers is
administrative and not legislative.
Powers should NOT be extended by implication
beyond what may be necessary for their just and It is to be remembered that if allowed,
reasonable execution. administrative legislation should be exercised
Official powers cannot be merely assumed within the framework or confines (standards) of
by administrative officers, nor can they be the provisions allowing regulatory powers on the
created by the courts in the exercise of their agency and the policy of the statute w/c it
judicial functions. administers.
What are the Powers usually exercised by Admin What are the General Kinds of Administrative
Agencies? Rules & Regulations?
The powers and functions usually granted to and 1) Supplementary or Detailed Legislation
exercised by administrative agencies are: Rules and regulations issued by reason of
(1) Rule making particular delegation of authority.
(2) Adjudication
(3) Incidental powers such as: 2) Interpretative Rules and Regulations
a. Investigating Rules and regulations constructing or
b. Supervising interpreting the statute being administered
c. Prosecuting
d. Advising 3) Contingent Legislation
e. Declaring Rules and regulations involving
f. Informally adjudicating. determination under a delegated power
whether a statute shall go into effect
What is the Administrative Rule-Making or
Quasi-Legislative Power? What are Supplementary or Detailed
It is the power to: Legislations?
(1) Promulgate rules and regulations or general These are issued by an administrative agency
orders which are legally binding and receive pursuant to a delegated authority to fix the
statutory force upon going into effect; and details in the execution or enforcement of a
policy set out in the law itself.
(2) Formulate interpretative rulings or
regulations w/c do NOT receive statutory They add to the procedural or enforcing
force but are accorded great weight when provisions of substantive law w/c in a sense
questioned in court. involve the exercise of discretion of the
lawmaker in the administrative body, to be
SC has held that an agency that issues rules and exercised within the confines of definite
regulations has in a sense auxiliary or prescribed standards.
subordinate legislative powers and is therefore
legislation on the administrative level.

Often referred to as the filling of details or Clarifying regulations or one indicating the
subjects of interest to carry out the policy method of application of a statute to specific
laid down by the lawmakers. cases is permissible when a statute uses
Ex: CB Circulars regulating transactions ambiguous terms or is of doubtful
involving gold or foreign exchange issued construction.
under RA 265 in order to protect the
international reserves of the Central Bank. What is the effect of Administrative Construction
and Interpretation?
What are Interpretative Rules and Regulations? It provides:
These are the rules and regulations issued by an A practical guide as to how the agency will
administrative authority construing or seek to apply the law; and
interpreting the provision of a statute to be
enforced and they are binding upon all An experienced and informed judgment to
concerned until they are changed. which courts and litigants may properly
resort for guidance.
Official construction of the law and valid if they
properly construe the statute the administrative The construction extends beyond meeting the
agency is bound to enforce. necessities of administration and is given effect
by courts when they are called upon to
E.g.: General Circular Issued by Collector of determine the true construction and
Internal Revenue (providing that all losses of interpretation of such laws.
property during WWII are deductive in the year
of actual loss) is interpretative of Sec. 30(d) of
NIRC. What is the effect of relying upon an
interpretative regulation promulgated by
What are Contingent Legislations? administrative bodies?
These are rules and determinations made by an One who chooses to rely upon an interpretative
administrative authority on the existence of the regulation does so at his own risk, because the
proper occasion for the enforcement or courts may choose not to follow them.
application of the law.
This is pursuant to a delegation of The fact that an interpretation has been made by
authority to determine some facts or state of regulation or otherwise, does not preclude a
things upon which the enforcement of the act subsequent different, but correct, interpretation
depends by the agency.
The Reason behind this is that Congress may What is the effect of an erroneous construction of
enact a law the taking effect of which is made to a statute by an administrative agency?
depend upon the happening of future specified It cannot operate to confer a legal right in
contingencies to be determined by executive or accordance with such construction.
administrative officers or agencies.
Do administrative constructions and
The power to ascertain facts is a power NOT interpretations control a courts decision as to the
essentially legislative and may be delegated. proper construction of the statute?
No. But, generally or in particular
What is Administrative Construction and circumstances, courts give it great weight and
Interpretation? such may have a very persuasive influence and
Admin agencies in the discharge of their duties may actually be regarded by the courts as the
are necessarily called upon to construe and apply controlling factor.
the law under which they function.
In cases of doubt, there is an inclination to adopt
The necessity for the exercise of the power of the administrative construction, which will NOT
construction and interpretation does NOT: be disturbed by the courts EXCEPT for cogent
Change the character of a ministerial duty; and persuasive reasons and clear conviction of
or error.
Involve an unlawful use of legislative or
judicial power. This is particularly true with regard to
regulations enacted pursuant to a broad rule-
Admin agencies may also interpret their own making power existing under a statute
rules which have the force and effect of law. conferring a privilege to be exercised under
regulations prescribed by an administrative
These are appropriate aids toward eliminating agency.
construction and uncertainty in doubtful cases.

What is the effect of a Change in Construction? Is the power to fix Rates Legislative or Quasi-
A construction of a statute by those Judicial?
administering it, even though long continued, is It partakes a legislative character when:
NOT binding on them or their successors IF, Rules and/or rates laid down by an
thereafter, they become satisfied that a different administrative body are meant to apply to all
construction should be given. enterprises of a given kind, throughout the
Philippines. (No previous notice or hearing
RATIO: Prior administrative practice is always is required in these cases.)
subject to change through exercise by the
administrative agency of its continuing rule It partakes a judicial character when:
making power. Rules and/or rates apply:
(1) Exclusively to a particular party
When is Notice and Hearing in the Promulgations (2) It is predicated upon a finding of fact
of Rules and Regulations NOT Required? (based upon a report submitted by the
There is no constitutional necessity for a hearing Gen Auditing Office)
as prerequisite to the promulgation of a general (3) Such fact is denied by said party.
regulation by an admin body.
In the absence of a statutory restriction, an In these cases, SC has held that in making
administrative agency may ascertain in any said findings of fact, the agency performed a
manner it sees fit what rules should be made. function partaking of a quasi-judicial
character w/c demands previous notice and
When the rule is procedural in nature or where hearing for its valid exercise.
the agencys rules are in effect no more than
legal opinions, no notice is required. What are the Requisites for the Validity of
Administrative Rules and Regulations?
Notice is also NOT required in the preparation 1) The rules and regulations must have been issued
of substantive rules where: on the authority of law;
(1) The class to be affected is large 2) The rules and regulations must be within the
(2) Questions to be resolved involve the use of scope and purview of the law; and
wide discretion which has been committed 3) Rules and regulations must be reasonable.
to the rule-making agency
Explain the First Requisite.
When is Notice and Hearing in the Promulgations It is essential that the authority of an admin
of Rules and Regulations Required? agency to issue them must be based upon some
Actual notice and opportunity for hearing may legislative act.
be required if the rule or order is:
(1) directed specifically to a party or a compact There must be a law authorizing it to issue rules
group; and and regulations.
(2) The administrative agency exercises only a
limited degree of discretion. Explain the Second Requisite.
Rules and Regulations must be within the
*Note: The rules (WON hearing is required) are authority conferred upon the admin agency.
subject to the statutory requirements or restrictions A rule which is broader than the statute
upon administrative agencies. empowering the making of the rules cannot
be sustained.
If required, what kind of Notice and Hearing
should administrative agencies employ? Admin authorities must strictly adhere to the
Where notice and hearing are required before the standards, policies, and limitations provided in
promulgation of a regulation, the admin agency the statutes vesting power to them.
concerned is NOT required to conduct a quasi-
judicial proceeding. Regulations are valid only as subordinate rules
when found to be within the framework of the
It is sufficient if it is of the same order as had policy which the legislature has sufficiently
been given by congressional committees when defined.
the legislative process was in the hands of the
Congress. The regulations adopted under legislative
authority must be in execution of or
It need NOT be shown that the rule or order is supplementary to, but not in conflict with, the
supported by evidence taken at the hearing, law itself.
EXCEPT when there is a specific statutory As long as the regulations relate solely to
requirement for such. carrying into effect the provisions of the
law, they are valid.

An administrator has a large range or choice in
The delegated power cannot extend to amending determining what regulations or standards
or adding to the requirements of the statute should be adopted.
itself. One cannot object and claim that another
choice could reasonably have been made, or
It is to be presumed that the regulations adopted that experts disagreed over the desirability
were to carry out only the provisions of the of a particular standard or that some method
statute and NOT to embrace matters not of regulation would have accomplished the
covered, nor intended to be covered thereby. same purpose and would have been less
onerous.
Administrative rules and regulations must be
germane to the object and purpose of the law It is enough that:
and conform to the standards that the law The administrator has acted within the
prescribes. statutory bounds of his authority; and
They cannot supplant the plain and explicit His choice among possible alternatives,
command of the statute. An admin agency adapted to the statutory ends, is one
cannot amend an act of Congress. which a reasonable person could have
made.
Explain the Third Requisite.
Admin agencies may not act arbitrarily and What is the Power to fix Rates and Charges?
capriciously in the enactment of rules and The power to fix or limit the rates or charges
regulations in the exercise of their delegated exacted by public service corporations, such as
powers. railroads and other carriers, telephone
companies, gas, electric, power, and bridge
Whether required by statute or judicial companies may be conferred upon
decisions, the regulations must be reasonable to administrative authorities without involving any
be valid. unlawful delegation of legislative power.
They must be reasonably adapted to secure the Same rule has been applied in the regulation of
end in view, and are invalid if shown to bear no prices in other businesses, personal services and
reasonable relation to the purposes for which commodity prices.
they are authorized to be made.
Authorizing a commission to change existing
Rules and regulations must: rats fixed by legislature itself is valid for in such
(1) Be reasonably directed to the a case, the legislature itself has repealed the
accomplishment of the purposes of the prior enactment, only leaving to the commission
statute under which they are made, to fix the time when such repeal shall become
(2) Tend to its enforcement, or operative.
(3) Be reasonable adapted to secure the end in
view. The only standard that legislature must prescribe
for the guidance of the administrative authorities
The requirement simply means that the is that the rate be reasonable and just.
regulation must be based upon reasonable This standard is implied in the absence of an
grounds that is supported by good reasons. express requirement as to reasonableness.
Reasonableness of rules and regulations are
determined by: Can Administrative Agencies promulgate
a) Their relationship to the statutory Administrative Rules with Penal Sanctions?
scheme they are designed to Any criminal or penal sanction for the violations
supplement, protect and enforce. of such rules and regulations MUST come from
b) Stated objectives of the legislation. the legislature itself.
Admin authorities may NOT initiate such
Whether a regulation is reasonable depends on sanctions.
the character or nature of the conditions to be
met or overcome, and the nature of the subject To declare what shall constitute a crime and how
matter of a rule may affect its reasonableness. it shall be punished is a power vested solely in
Ex: Regulation of activities involving mere the legislature and it may NOT be delegated to
privileges (sale of alcohol, conduct of jai any other body or agency.
alai) is accorded liberal judicial support, and Prescribing of penalties is a legislative
the court is slow to find such regulations function.
unreasonable.
A Commission may not be empowered to
impose such penalties for violations of

duties which it creates under a statute purpose of carrying into effect its general
permitting it to make rules. provisions.
The regulations should NOT extend the
Is the abovementioned prohibition absolute? law itself.
The legislature may validly provide a criminal or
penal sanction for the violation of the rules and When is Publication of Administrative Rules and
regulations which it may empower Regulations Necessary?
administrative authorities to enact. Administrative rules and regulations which are
general in character and which carry criminal
What are the Requisites for the Validity of or penal sanctions, publication is necessary.
Administrative Regulations with Penal
Sanctions? While such are not statutes or law, these are
1) The law authorizing administrative authorities to issued in implementation of the laws
issue rules and regulations must itself declare as authorizing their issuance and have the force
punishable the violation of rules and regulations and effect of law.
issued under its authority.
RATIO: General principle and theory that
2) The law should define or fix the penalty for the before the public is bound by their contents,
violation of rules and regulations. especially their penal provisions, such
regulations must first be published and the
3) Publication in the Official Gazette be made. people officially and specifically informed
of their contents and penalties.
What is an illustration of the above
Requirements? Art. 2, NCC provides that laws are to take effect
15 days following the completion of their
Under Sec 6 of RA 3018 which nationalizes the publication in the OG, UNLESS otherwise
rice and corn industries in the Philippines, the Rice provided.
and Corn Board is authorized to issue such rules
and regulations as may be necessary to carry out the When is Publication of Administrative Rules and
provisions of this Act. Sec. 7 of the same RA Regulations NOT Necessary?
provides: Violation of the provisions of this Act or The requirement above does not apply when the
any rules and regulations issued thereunder shall be administrative regulation:
punished by imprisonment of not less than 5 yrs nor (1) Merely interprets the provision of a law
more than 10 yrs and a fine of not less than 5T no being administered for the proper guidance
more than 10T and immediate deportation. of those concerned; and
In this particular case (requirement #1) it is (2) Merely furnishes the implementing details
the law itself authorizing the issuance of of another regulation already duly published.
rules and regulations and that declares as
punishable the violation of any rules and What is the Legal Force and Effect of
regulations issued thereunder. Administrative Rules and Regulations?
Rules and regulations, and General Orders
It is also the law (requirement #2) which enacted by admin authorities pursuant to the
prescribes the penalty for such violation. powers delegated to them have the force and
effect of law and are:
Binding on all persons subject to them; and
Courts will take judicial notice of them.
People v. Manceren (electro-fishing case)
SC held that admin agencies are clothed Compliance with valid admin rules and
with rule-making power because the regulations is compliance with the law.
lawmaking body finds it impracticable, if
not impossible to anticipate and provide for Regulations in accordance with specific
the multifarious and complex situations that delegated authority in the enabling act have
may be encountered in enforcing the law. uniformly been held to have the force and effect
All that is required is that the regulations of law if found to have been in consonance and
should be germane to the standards that in harmony with the general purposes and
the law prescribes. objects of the enabling or governing acts.
Admin regulations adopted under legislative Rules on procedure, pleading, evidence and
authority must be in harmony with the practice promulgated by an administrative
provision of law, and should be for the sole agency under proper delegatory authority have
the force and effect of law as well.

Do Administrative Interpretative rulings have

statutory force?
Interpretative rulings DO NOT have statutory CHAPTER V
force but are accorded great weight when ADMINISTRATIVE ADJUDICATION
questioned in the court and will not be
overturned unless such are patently erroneous. What is the Adjudicating or Quasi-Judicial
Power of Admin Bodies?
How Should Administrative Rules and It is the power to hear and determine, or
Regulations be Construed? ascertain facts in the enforcement and
Rules made in the exercise of a power delegated administration of a law.
by statute should be construed together with the
statute. In its general sense, it has been defined as any
Same rules of construction which apply to power of an administrative agency other than
statutes also govern the construction and rule-making but including licensing.
interpretation of admin rules and
regulations. Quasi-Judicial v. Judicial Power.
Quasi-Judicial Judicial
If it can fairly be done, the rule should be so Function is primarily Duty is primarily to decide
construed and applied to make it conform to the
administrative and power question of legal rights
powers conferred upon the administrative body,
rather than as being an assumption of power not to hear and determine between private parties,
so conferred. controversies is granted as such decision being the
an incident to the admin primary object and not
NO retroactive application UNLESS the duty merely incidental to
intention to have it so operate clearly appears. regulation or some admin
function.
After an interpretative regulation has been Exercisable by Exercisable only by courts.
ratified by the legislative enactment and was administrative authorities
otherwise valid, a new and different Entrusted with the
Limited as a result of its
interpretative regulation could not be
retroactively applied to the prejudice of an expertise to the determination of all legal
individual who had relied on the former valid ascertainment of the questions.
interpretation. decisive facts
How are Administrative Rules and Regulations Administrative Rule-Making v. Quasi-Judicial

Repealed? Power.
An admin body does not exhaust its power to Administrative Rule- Administrative
make rules and regulations by having made a Making Adjudication
particular enactment. Consists of the issuance of Refers to its end product
It may modify or repeal its rules or rules and regulations called, order, award or
regulations, and a later regulation does NOT decision
revoke an earlier one by implication, if there Admin rule or regulation Applies only to a specific
is nothing in the second one inconsistent has general applicability situation, hence it is
with the continuance of the first. particular and immediate
Where a commission has made an order having Prospective in that it Present determination of
a dual aspect as legislative in one respect and envisages the promulgation rights, privileges and duties
judicial in another, it may not in subsequent of a rule or regulation as of a previous or present
proceedings act in its quasi-legislative capacity generally applicable in the time or concurrence.
and retroactively repeal its own enactment. future
What is the Extent of the Acts of Administrative How are Quasi-Judicial Powers conferred?
Agencies? Legislature may confer on administrative boards
Duly executed acts of admin bodies can have or bodies quasi-judicial powers involving the
legal effects beyond the life span of that body. exercise of judgment and discretion as incident
to the performance of administrative functions.
Rules and regulations issued under a law
expressly providing that they shall be in full What are the limitations of the Quasi-Judicial
force and effect until Congress of the Phil shall Powers?
otherwise provide are good only up to the life (1) The legislature must state its intention in
of the law itself. express terms that would leave no doubt, as
such quasi-judicial prerogatives must be limited Refers to the authority to:
only to those: Exempt from or relax a general prohibition,
a. Incidental to, or Ex: Authority of zoning boards to vary
b. In connection with the performance of the provisions of a zoning statute or
admin duties. ordinance.
- OR -
(2) The grant must not amount to conferment of Relieve from an affirmative duty.
jurisdiction over a matter exclusively vested in Ex: Authority of Public Service
the courts. commission to permit the abandonment
of service by carriers.
What are the Classifications of Adjudicating
Powers? What are Examining Powers?
Adjudicatory or quasi-judicial powers also Also known as investigatory or inquisitorial
called determinative powers are generally powers which include the power to inspect or to
classified into: secure or to require the disclosure of information
(1) Enabling Powers; and by means or accounts, records or otherwise.
(2) Directing Powers.
Powers included in the investigatory or
What are Enabling powers? inquisitorial powers are:
Refer to those powers granted to administrative (1) Subpoena
bodies to permit or allow something which the (2) Swearing of Witnesses
law undertakes to regulate to be done by their (3) Interrogating Witnesses
approval. (4) Calling for Production of books, papers and
records
The chief application of this power is of course, (5) Requiring that books, papers and records be
in the granting or denial of licenses to engage in made available for inspection
a particular business or occupation. (6) Inspection of premises
Examples: (7) Requiring written answers to questionnaires
Power of the Board of Transportation to (8) Requiring reports, periodic or special
issue certificates of public convenience (9) Requiring of filing of Statements
or necessity.
What are Summary Powers?
Power of SEC to permit the issuance of Refer to the authority of administrative agencies
securities to apply compulsion or force against person or
property to effectuate a legal purpose without
Powers of Phil Patent Office to issue judicial warrant to authorize such action.
patents and copyrights, and register
trade-marks and trade names These powers are exemplified by the authority
of admin agencies in the fields of health,
Power of Central Bank to license Banks. banking, agriculture, animals, aliens, game laws,
building regulations, licenses, nuisances,
What are Directing Powers? schools, taxation and other fields.
These include the powers of abstract
determination such as definition, valuation, In the absence of a statutory grant of power,
classification and fact finding and dispensing, admin authorities MAY NOT themselves
examining and summary powers. enforce their determinations, at least not by
Illustrated by: direct and positive action.
Corrective powers of Public Utility
Commissions, Ex: Collector under the NIRC may resort to the
Powers of assessment under the revenue summary proceedings of distraint and levy for
and assessment laws the collection of taxes.
Reparations under Public Utility Laws
Awards under the workmens What is the Nature of the Administrative
compensation laws Proceedings in the Exercise of Quasi-Judicial
Powers?
What are the Kinds of Directing Powers? They partake of the nature of a judicial
Directing powers are further classified into: proceeding.
(1) Dispensing Powers A proceeding requiring the taking and
(2) Examining Powers weighing of evidence, the determination of
(3) Summary Powers facts based upon the consideration of
evidence and the making of an order
What are Dispensing Powers?

supported by findings has a quality consent of the parties, nor can they be made
resembling that of a judicial proceeding. effective by waiver or estoppel.
Described as a proceeding of Quasi-judicial What is the effect on the Jurisdiction of Admin

character. Agencies by the Expiration of a Law providing
for such jurisdiction?
The expiration of a law, unlike abrogation, will
NOT divest an admin body of its lawfully-
acquired jurisdiction over a case.
What is the Necessity of Jurisdiction in Admin
Proceedings? Expiration of statute may be held NOT to
Jurisdiction is essential to give validity to the deprive an admin agency of jurisdiction to
determinations of administrative authorities. enforce the statute as to liabilities incurred while
Without jurisdiction, acts are void and open such was in force, where a general saving
to collateral attack. statute continues such liabilities.
If there is NO saving clause, a repeal of a
RATIO: Admin Authorities are tribunals of statute while proceedings are pending and
limited jurisdiction. prior to the filing of an order may remove
Their jurisdiction is dependent entirely upon any support in law for such order.
the provisions of the statutes reposing power
in them. *NOTE: Simultaneous repeal and re-enactment of
substantially the same statute is regarded at common
If the provisions of the statute are not met law as a substitution and not a repeal.
and complied with, they have no
jurisdiction. What is a substituted statute?
A Substituted statute is construed as a
What are the Sources of Jurisdiction? continuation of the original provisions and the
The limited jurisdiction of these tribunals may jurisdiction of a board is NOT disturbed nor its
proceed from the constitution or statute. order voided.
If established by Constitution Is Due Process required in Administrative

A statute attempting to enlarge such Proceedings?
jurisdiction is unconstitutional. Constitutional Guaranty of Due process of law
must be observed in order to preserve personal
Constitutional amendment relating to its and property rights against the arbitrary action of
jurisdiction cannot have a retroactive effect public officials.
so as to embrace a case arising and decided
prior to the amendment. Extends to all whose legal rights may be
involved and concluded by the determination of
If derived from Statutes the board in proceedings.
Jurisdiction is dependent entirely upon the
validity and the terms of the statutes What are the Elements of Administrative Due
reposing power in them. Process?
1) There must be an impartial tribunal constituted
Admin agencies cannot confer jurisdiction to determine the right involved.
on themselves.
2) There must be due notice and opportunity to be
If at least the basic mandatory provisions ad heard.
the condition precedent are not met and
complied with, admin agencies have no 3) The procedure at the hearing must be consistent
jurisdiction. with the essentials of a fair trial.
Can jurisdiction of Admin agencies be affected by 4) Proceedings must have been conducted in such a
the Consent, Waiver or Estoppel of the party way that there will be opportunity for a court to
litigants? determine whether the applicable rules of law
An admin agency CANNOT enlarge its own and procedure were observed.
jurisdiction nor can jurisdiction be conferred
upon the agency by parties before it. What does Administrative Due Process Include?
Right of a party to confront and cross-examine
Deviations from an agencys statutorily opposing witnesses in a judicial litigation or
established sphere of action cannot be upheld before admin tribunals exercising quasi-judicial
because based upon agreement, contract, or

powers is a fundamental right which is a part of 1) Right to a Hearing
due process. Includes the right of the party interested or
affected to present his own case and submit
Due process contemplates notice and evidence in support thereof.
opportunity to be heard before judgment is
rendered affecting ones person or property. Liberty and property of the citizen shall be
There is substantial compliance where the protected by the rudimentary requirements
claimant to the position in question was of fair play.
accorder a full hearing prior to the rejection
of his claim. 2) Tribunal Must Consider the Evidence
Presented
Due process is not denied where the Right to adduce evidence, w/o the
admission of a party in his pleadings corresponding duty on the part of the board
dispenses with the need for a formal hearing. to consider it is a futility.
There is no denial of due process where the 3) Decision must have something to support itself
adverse parties were given the opportunity A decision with absolutely noting to support
to file a motion for reconsideration of an it is a nullity.
order which was issued pursuant to a
petition filed without prior notice to them. 4) Decision must be based on substantial
evidence.
Can Administrative Agencies exercising Quasi- Substantial evidence is more than a mere
Judicial functions delegate to its subordinates the scintilla.
Authority to Hear and Receive Evidence? It means such relevant evidence as a
Power to decide resides solely in the admin reasonable mind might accept as
agency vested by law BUT this does NOT adequate to support a conclusion.
preclude a delegation of the power to hold a
hearing on the basis of which the decision of the Mere uncorroborated hearsay or rumor does
admin agency will be made. (see subdelegation) not constitute substantial evidence.
Admin officer is not precluded from utilizing, as 5) Decision must be rendered on the evidence
a matter of practical admin procedure, the aid of presented
his subordinates to investigate and report to him Decision must be rendered on the evidence:
the facts, on the basis of which he makes his Present at the hearing; or
decisions. At least contained in the record and
disclosed to the parties affected.
It is sufficient that the judgment and discretion
finally exercised are those of the officer The parties are protected in their right to
authorized by law. know and meet the case against them only
by confining the admin tribunal to evidence
Due process or the requirements of fair hearing disclosed by the parties.
do NOT mandate that the actual taking of
testimony be made before the same officer who 6) Tribunal must act on its or their own
will make the decision in the case. It is independent consideration of the law and facts
sufficient that the: of the controversy
a) Party is not deprived of his right to Board or its judges must act on their own
present his own case and submit and not simply accept the views of a
evidence in support thereof; and subordinate in arriving at a decision.
b) The decision is supported by the 7) Decision must be rendered in such a manner
evidence in record that the parties to the proceeding can know the
various issues involved and the ratio for the
There is no abnegation of responsibility on the decision
part of the officer concerned as the actual In all controversial questions, the
decision remains with and is made by said performance of this duty is inseparable from
officer. the authority conferred upon it.
What are the Cardinal Rights to be Respected? What is the Summary of Elements that Must be
The following cardinal primary rights must be Present if Administrative Action is to be
respected in Quasi-judicial proceedings affecting sustained (as given by Walter Dodd)?
life, liberty and property:

1) The administrative body must have acted within action of the Board in the exercise of this power
its authority, that is, within the powers conferred shall be appealable to the Secretary of Health
upon it and in the manner provided by law; whose decision shall be final.
2) There must be notice and an opportunity to be 4) In cases of expiration of the year for which the
heard. tax is due, the provincial treasurer shall advertise
the sale at public auction of the delinquent real
3) There must be a reasonable opportunity to property or so much thereof as may be necessary
know the claims of the opposing party and to to satisfy all taxes and penalties due and the
meet them. costs of sale.
4) A finding may NOT be based on undisclosed Advertisement shall be made by posting a

facts. notice for 3 consecutive weeks at the main
entrance of the provincial building and all
5) The procedure must be consistent with the municipal buildings in the province, and in a
essentials of a fair trial. public conspicuous place in the barrio
wherein the property is situated.
6) The findings must be based on substantial Copy of the notice shall be sent by
evidence and must not be arbitrary and registered mail or by messenger to the
capricious. delinquent taxpayer at his residence if
known to the said treasurer.
7) Mere uncorroborated hearsay or rumor or a mere
scintilla of evidence do not suffice, but there 5) The Collector of Customs shall give the owner
must be such relevant evidence as a reasonable or importer of the property or his agent a written
mind might accept as adequate to support a notice of the seizure and shall give him an
conclusion. opportunity to be heard in reference to the
delinquency which was the occasion of such
What are Examples of Administrative Actions seizure.
Requiring Notice and Hearing?
1) A subject of a foreign power residing in the Phil 6) In case of levy on real estate of a delinquent
shall not be deported, expelled, or excluded from taxpayer for the collection of internal revenue
the Phil or repatriated to his own country by the taxes, a written notice of the levy shall be
President except upon prior investigation mailed to or served upon the delinquent or, if he
conducted by the Pres or his authorized agent, is absent from the Phil, to his agent or the
on the ground upon which such action is manager of the business in respect to which the
contemplated. liability arose, or, if there be none such, to the
occupant of the property in question.
The person concerned shall be informed of
the charge against him and be allowed no 7) Hearing compensation cases shall be held by the
less than 3 days for the preparation for his Commissioner upon his own motion or upon
defense. application of any party interested therein. The
commissioner shall cause reasonable notice of
Also have the right to be heard by himself or such hearing to be given to each party interested,
counsel, to produce witnesses in his own by service upon him personally or mailing a
behalf, and to cross-examine the opposing copy thereof.
witnesses.
All parties in interest shall have the right to
2) The Board of Pharmaceutical Examiners may be present at any hearing in person or by
also revoke a certificate of registration as a counsel or by any other agent or
pharmacist for any cause specified in Sec. 746 of representative, to present such testimony as
the Revised Admin Code, or for unprofessional may be pertinent to the controversy before
conduct, after due notice to the person the Commissioner and to cross examine the
interested, and a hearing which is subject to an witnesses against them.
appeal to the Department Head whose decision
shall be final. 8) Board of Medical Examiners may disapprove
applications for examination or registrations,
3) The power of the Boar of Dental Examiners to reprimand erring physicians, or suspend or
revoke or suspend the validity of a certification revoke registration certificates, if the
of registration of a dentist for the grounds respondents are found guilty after due
specified under the law, or for the employment investigation.
of persons who are duly authorized to do the
work which under this Act , provided that the

What are Examples of Administrative the said workers thereby denying the parties
Determinations Voided of Lack of Notice and affected an opportunity to be heard.
Hearing?
1) An order of the Public Service Commission 9) An order of deportation of an alien on the basis
canceling the certificate of Public Convenience of a charge other than that contained in the
of an operator ex-parte upon petition of a rival warrant of arrest and upon which no opportunity
company without notice and hearing. for a fair hearing was made.
2) An order of the Public Service Commission 10) A tax delinquency sale held on a date other than
revoking the right or authority of an operator that fixed in the notice as advertised, it being a
under its certificate of public convenience to requirement of law that notice of such sale to the
make extra or special trips without notice and delinquent tax-payers and landowners in
hearing. particular, and to the public in general, be made,
non-fulfillment of which vitiates and nullifies
3) Order of the Public Service Commission the sale and if it appears necessary to postpone
granting an applicant a certificate of public the sale indefinitely, new notices to the
convenience after excluding said line from the taxpayers and to the public should be made.
hearing thereby depriving the oppositors of the
right to present evidence in support of their 11) In this case, a workmens compensation award
opposition. was issued without hearing on the failure of the
employer to controvert the claim. Although
4) An order of the Public Service Commission admitting non-convtroversion, the employer
limiting the period of the certificate of public corporation argued that this merely meant that it
convenience of an operator where it appears the accepted the allegation in the claim that the
latter had never been given notice nor given an employee was lost or missing.
opportunity to be heard or present evidence.
Is Notice and Hearing Required in ALL cases of
5) Order of the Public Service Commission altering Administrative Determinations?
the route previously granted to a transportation Not every administrative determination affecting
operator to the prejudice of other operators private individuals requires notice and hearing.
without notice and hearing upon claim that is Only required in order to comply with due
merely a correction of clerical errors in a process of law only when some
decision previously rendered. constitutional right is claimed to be
invaded.
6) A resolution of a municipal council ordering the
elevation of a smoke-stack of an ice plant Notice and Hearing is NOT necessary in the
company within a period of one month from the absence of an express or implied statutory
approval of the said resolution otherwise said provision therefore, and a statute may provide
establishment will be closed or its operation for such determination without requiring notice
suspended, it appearing that no compelling and hearing if::
necessity justifies such summary action and (1) The purpose of an administrative
done without notice and hearing to the party determination is to decide WON a right or
affected. privilege which an applicant does not
possess shall be:
7) Action of the District Engineer and the a) granted to him or
Provincial Governor destroying the dam b) withheld in the exercise of a discretion
constructed by the plaintiff across a certain creek vested by statute,
without any judicial proceeding whatever under
pretense that such private property constitutes a (2) The power exercised is essentially
nuisance. administrative or executive and NOT
judicial or quasi-judicial.
8) A decision of the CIR authorizing a movie
production company to lay off 44 workers on the Even though the power exercised is quasi-
ground that it was suffering financial losses judicial, notice or hearing may not be essential
where it appears that the Presiding Judge to due process of law if no personal or property
thereof, instead of conducting a formal hearing rights are involved.
made an ocular inspection of the premises of the There are many cases in which powers of
company in the course of which he interrogated determination and action of a quasi-judicial
15 laborers on the basis of which the decision character are given to officers entrusted with
was rendered without receiving full evidence to duties of local or municipal administration
determine the cause or motive of the lay off of by which lives and properties of individuals
are affected, and from the very nature of

these duties, they must be exercised without The differences in origin and function of courts
prior hearing or finally and conclusively and of administrative agencies preclude the
without any hearing , or even notice to the wholesale transportation to admin proceedings
parties who may be affected. of the rules or procedure, trial and review which
have evolved from the history and experience of
What are examples of administrative the courts.
determinations that even without prior notice
and hearing are still valid? It is a general rule that they are unrestricted by
1) Summary proceedings of distraint and levy upon the technical or formal rules of procedure which
the property of a delinquent taxpayer for the govern trials before a court.
collection of internal revenue taxes, fees, or The atmosphere of admin tribunals may be
charges, and any increment thereto. one of expeditiousness, expertness, or
liberally conceived remedies.
2) Preventive suspension of officer or employee Ex: Court of Industrial Relations is not
pending investigation narrowly constrained to technical rules
of procedure.
3) Removal of acting or temporary employees The Industrial Act requires it to act
according to justice and equity and
4) Cancellation of a passport where no abuse of substantial merits of the case,
discretion has been committed by the Secretary without regard to technicalities or
of Foreign Affairs legal forms and shall not be bound
bay any technical rules of legal
5) Summary abatement of nuisance per se which evidence but may inform its mind in
affects the immediate safety of person and such manner as it may deem just
property (remember property?) and equitable.
6) Grant or revocation of licenses for permits to Do Admin Agencies exercising powers of

operate certain busnesses affecting public order administrative determination have the authority
or morals, like selling of liquor, or operating of a to promulgate Rules of Procedure?
dance hall, since the legislature did not intend to They may adopt and prescribe the rules of
leave the morals of a neighborhood to be procedure applicable in proceedings before
imperiled while a protracted hearing should hold them.
in abeyance the proper admin action to terminate
r recall a license used to cover immoral or Even if rules of practice have not been provided
disorderly conduct; by the law-making power, admin agencies
exercising judicial or quasi-judicial functions
7) Summary seizure, condemnation or destruction have the authority to establish rules of procedure
by municipal officers without a preliminary under which such functions will be exercised.
hearing of such food which are unfit for human They must be reasonable and not arbitrary.
consumption;
What are Limitations on the Authority to Adopt
8) No hearing is required in the consideration of Rules of Procedure?
any application for the installation, Such promulgated Rules of Procedure cannot
establishment or operation of a radio system, ignore or disregard the fundamental and
unlike those instances specified in Radio Control essential requirements of due process in trials
Law. and investigations of an administrative
character.
9) The oppositor in an application for taxi service
was not able to present evidence in support of As stated, they must be reasonable and not
her opposition because there was a faiure to arbitrary.
notify her of the date of the hearing. The
Supreme Court nevertheless did not find denial How are these Rules of Procedure Interpreted?
of due process as she did not show that she They should be construed liberally in order to
suffered substantial injury and therefore had no promote their object and to assist the parties in
reason to complain. The court placed value on obtaining just, speedy and inexpensive
the fact that she did not move for determinations of their respective claims and
reconsideration and did not ask for new trial for defenses.
presentation of her evidence.
Admin authorities have the power to interpret
What are the Rules of Procedure in their own rules and a certain latitude of
Administrative Determinations? discretion in their application is permitted.

An officer having the power to impose a to a litigation as that term is customarily used
regulation governing the practice of a and should not be so considered unless the
tribunal has power to dispense with such legislature has provided.
regulation for reasons satisfactory to him.
Are the Rules on Pleadings followed in courts
The rules may even be disregarded in any applicable to Administrative Determinations?
particular case without infringing on the The right to some sort of due, adequate and
rights of the litigants provided that: appropriate statement of issues or pleadings may
a. Tribunal must not act in an arbitrary exist under a constitutional or statutory right to a
manner hearing, or under specific provisions of statutes
b. It may not deny an essential right to a or rules or the particular admin agency.
hearing
Sufficiency of an application, claim, petition,
RATIO: Rules are only for the convenience of notice, complaint, charge, rule to show cause, or
the tribunal, as well as of litigants, and are whatever other form an initial statement before
adopted to facilitate the transaction of business, an admin agency or tribunal may take is NOT
and may be suspended or disregarded by the governed by the rules applicable to courts.
tribunal whenever the purposes of justice Pleadings may be informal, and the
requires it. sufficiency of statements therein is not to be
measured by the requirements of a
Can Administrative Agencies issue Ex Parte complaint or initial pleading in a court civil
orders? or criminal proceeding.
Where admin proceedings involve parties,
admin agencies may not simply issue an ex parte What is required under some statutes and rules is
order; it must proceed against the proper parties. a:
a) Brief statement of the facts, or
How are Parties to an Admin Proceeding b) Clear or concise statement of the claims
Determined? or charge upon which the petitioner
Who are, may or must be parties to the relies and of the relief sought.
proceedings is dependent upon the:
Complaint must set out facts sufficient to
(1) Purpose and effect of the proceeding; establish all the essential elements, but it is no
(2) Particular statute under which it is brought; more necessary to plead the law relied on in an
and administrative proceeding than in a judicial
Certain statutes are aimed to provide proceeding.
protection for the public and not remedy
for private wrongs. A statutory provision may provide that a
complaint shall be verified by the oaths of the
(3) Rules of agency. complainants and specify the acts complained
While a private person may request that of, requires that the verification be genuine,
action be taken by an admin agency or a attest the truth of the particular circumstances
charge by such person may be essential alleged, and be based upon personal knowledge
to put the machinery of the agency into of those averring them.
motion, the person at whose instigation
a proceeding is instituted does NOT Proceedings instituted by complaint necessarily
become a party to the proceeding or involve the right of counterpleading or answer,
have any control over it. and the complaint is subject to demurrer on the
ground that it does not state facts sufficient to
Analogy to the law on parties as developed in constitute a cause of action.
judicial proceedings may not be compelling,
particularly when the purpose of the proceeding How is Evidence presented in Administrative
is not the adjudication of private rights. Proceedings?
GEN. RULE: Admin tribunals are NOT bound
The personal merit, motives or conduct of the by the strict or technical rules of evidence
private complainant is immaterial if the practice governing court proceedings even though the
of which he complains is one in which the public administrative agency is acting in an
generally has an interest. adjudicatory or quasi-judicial capacity.
Admission before an admin tribunal of matter
Many admin proceedings are instituted on the which would be deemed incompetent in judicial
complaint or motion of the agency before which proceedings will NOT:
the hearing is had, however it has been held Invalidate the admin order, and
generally that an admin agency is NOT a party

Constitute ground for reversal where it nature and at the same time be used as a basis
is merely cumulative, or it is shown that for decision by the admin agency.
the admin agency relied upon such
evidence. There are some cases which support the
proposition that in some instances, a right to
Admin tribunals are given great leeway in hearing does not embrace the right to know
hearing and considering a variety of material as information which must be kept secret in the
evidence, and the receipt and consideration of public interest.
incompetence evidence is not a denial of due
process of law. What is the Quantum of Evidence required in
Admin Proceedings?
Rule that admin agencies are not bound by the It must be Substantial Evidence.
strict or technical rules of evidence is More than mere scintilla of evidence.
recognition that admin agencies may relax rules. Such relevant evidence as a reasonable mind
This should not be construed to mean as an might accept as adequate to support a
approval of an utter disregard of rules of conclusion.
evidence where private rights are involved.
What is the Substantial Evidence Rule?
The exemption from strict rules of evidence The judicial inquiry goes no further than to
does not empower an admin agency to act ascertain whether there is evidence to support
arbitrarily. the findings, and the question of the weight of
the evidence in determining issues of fact lies
Can an Admin tribunals in a quasi-judicial with the agency acting within its statutory
proceeding use its own agency files and records authority. (Ang Tibay v. CIR)
without introducing them as evidence?
What is the required Form of Administrative
Courts have generally held that it is improper Determinations?
for an admin agency in a quasi-judicial or Administrative order or determinations must in
adjudicatory proceeding to base its decision or particular cases conform to the statutes
findings upon: governing the particular proceeding. They must
(1) Facts gathered from its own files be in proper form and must be entered against
without introducing the files in the proper party.
evidence, or
(2) Facts obtained from other cases pending 1) They must contain findings sufficiently definite
before, or and certain as to enable the court to review the
(3) Facts obtained from other cases decision intelligently and ascertain if the facts
previously decided by the tribunal afford a reasonable basis for the order.
There are cases however that hold that an admin Findings of quasi-jurisdictional facts by an
agency can take judicial notice of its own administrative agency are not sufficient
records or decisions or may act on the where ascertainment of their existence is left
knowledge of matters disclosed to it through its to conflicting inferences.
own records.
Some cases hold that the use of evidence 2) It must also state the law on which the decision
gathered from its own files is for a limited is based.
purpose of supplementing or checking and The decision must have something to
weighing evidence properly introduced. support itself for an order with absolutely
nothing to support itself is a patent nullity.
Better View: An administrative agency may take
notice of data on file or records reached by it in 3) Order should be sufficiently definite and certain
other cases where: to inform the party what is required to be done,
Such facts is made known from the other and to enable the courts to enforce them.
cases, and
There is adequate opportunity for rebuttal. What is the effect of Administrative Decisions
rendered Beyond the Period provided for in the
How are Secret information and Confidential statute?
Communications to an agency treated? It is usual for statutes to require that
GEN RULE: In adjudicatory proceedings administrative decisions be rendered within a
involving primarily the interests of private prescribed period.
litigants, information cannot be withheld from These requirements are generally directory
the parties on the ground that it is of confidential and NOT jurisdictional.

A decision rendered beyond such period is
NOT necessarily null and void, in the Orders and Determinations of Director of Lands
absence of provision to the contrary. under the Public Land Act (CA 141) are
appealable and subject to review by the Sec of
Ex: Sec. 5(d) of RA 875 provides that unfair Agriculture and Natural Resources.
labor practices cases must be decided w/n 30
days after their submission. It also provides that Decisions and Orders of Director of Mines on
the 30-day period shall be considered mandatory cases pertaining to the reconstitution or
in char. reconstruction of mining records may be
This does not mean that a decision rendered appealed to Sec of Agriculture and Natural
beyond the 30-day pd is null and void. Resources by filing with the Director of Mines a
notice of appeal w/n 30 days after rcpt of the
After a court has acquired jurisdiction over party appealing a copy of such decision/order.
the case, it retains such jurisdiction until the
case is finally disposed of. Any property owner not satisfied in the
assessment of his property, may within 60 days
The 30-day period was designed to provide from the date of receipt by him of the written
the parties to the industrial dispute with notice of assessment, appeal to the Board on Tax
means to compel prompt decisions of the Appeals. If he is not satisfied with the decision
case by the court by a writ of mandamus, of the Board on Tax Appeals he may appeal to
admin complaint or a similar recourse. the Sec. of Finance.
Here, congress did not say that a decision Art. 260 of New labor Code (PD. 442) states that
rendered after the 30 day period would be any party to a Certification election (CE) may
null and void. appeal the order or results of the election of the
BLR on the ground that the rules and regulations
What is the effect of a VOID or INVALID or parts thereof established by the Sec. Of labor
Order? for the conduct of the CE has been violated.
It is not enforceable and may be disregarded or Appeal shall be decided w/n 15 working days.
challenged in a collateral proceeding and it
affords no protection for acts done under it. ART. 264 New Labor Code decisions of the
NLRC on a dispute certified to it shall be final
Can there be Appeals and Reviews of Admin and executory unless appealed to the Sec. of
Decisions? Labor within 10 days from receipt only on
In many admin systems, there is a hierarchy of grounds of GADALEJ.
authorities so that a review may be had within
the system itself of the action of the lower admin Is Compliance with the period provided by law
authorities by their superiors. for perfection of an appeal Mandatory or
Jurisdictional?
Admin review may be provided for where a Compliance with the period provided by law for
court is made a part of an admin scheme with the perfection of an appeal is not merely
supervisory powers of such extent that its action mandatory but also a jurisdictional requirement.
on review is deemed different from its ordinary
judicial functions. Are Dept. Heads Authorized by law to Repeal or
Modify the Decisions of Bureaus or Offices Under
What are some examples of Administrative Their Control?
Appeals and Reviews? Department Heads are authorized by law to have
Decisions of the Collector of Customs in any direct control, discretion and supervision over all
matter presented upon protest or by his action in bureaus and offices under their respective
any case may be reviewed by the Commissioner. jurisdiction and may, any provision of existing
The aggrieved party within 15 days (after law to the contrary notwithstanding, repeal or
notification in writing by the Collector of his modify the decisions of the chief of said bureaus
action or decision), must give written notice and offices when advisable in the public interest.
to the Collector intimidating his desire to [Sec. 79(c) Rev. Admin Code]
have the matter reviewed.
Does the President have the power to control
Collector shall transmit all records of the Executive Depts,, Bureaus and Offices
proceeding to the Commissioner who shall Independent of Statutory Authority,?
approve, modify or reverse the action or Art. VII Sec. 10(1), 1973 Consti [now Art. VII,
decision of the Collector and take such steps Sec. 17, 1986 Consti]:
and make such orders as necessary to
effectuate his order.

President as administrative head, has the b. Rights have already vested in the
constitutional power to control executive meantime by reason thereof
departments, bureaus and offices.
- OR -
The president may exercise his
constitutional power of revision on his own (2) When such administrative determination has
motion, or on the appeal of some individual been the judicially affirmed.
who might deem himself aggrieved by the
action of an administrative official. *NOTE: The courts usually apply it not as res
adjudicata itself but as a specie of equitable estoppel
Does the Principle of Res Adjudicata apply in which produces approximately the same result as
Administrative Proceedings? would application of the rules of res adjudicata.
This has found little systematic consideration
partly due to the fact that the doctrine of res Is the Reopening of Administrative Proceedings
judicata, properly understood, has only a allowed?
narrowly confined area of application in the field Reopening cannot be allowed without legal and
of admin law. plausible grounds.
It tends to breed chaos and lead to an
By way of generalization and only as a broad insecurity of status already established by a
principle subject to exceptions, the principle of previous admin agency.
res adjudicate does NOT apply when:
An arbitrary, abusive and indiscriminate
(1) Administrative determination has been exercise of the right to review even if granted by
issued with respect to a matter wherein an law, will obliterate the right of an individual to
administrative agency has continuing due process a destructive blow to the rule of
jurisdiction; law.
(2) No rights have vested in the meantime by

reason thereof;
CHAPTER V
(3) So long as the case has not yet passed ADMINISTRATIVE ENFORCEMENT
beyond the control of the administrative AND SANCTIONS
authorities as where the:
Determination is not yet final but How are Administrative Determinations
interlocutory Enforced?
Powers and jurisdiction of the Enforceable only in the manner provided by the
admin authorities are continuing in statute.
character. If statute does not provide a remedy for their
enforcement they are unenforceable.
What are the grounds that will enable Admin
agencies to modify their determinations? Some determinations are not to be enforced at
Admin agencies, whether by reason of express all, in the ordinary sense of the term.
statutory provision granting the power of In these cases, their only sanction is the:
revision or by reason of the principles applied by Force of public opinion invoked by the
the others, have the power to modify their fairness of a full hearing,
determinations on the grounds of: Intrinsic justice of the conclusion,
(1) Fraud or imposition strengthened by the official prestige on
(2) Mistake the tribunal
(3) Inadvertence Full publication of any violation of the
(4) Newly discovered evidence decision.
(5) In order to meet the changed conditions
What are the Methods of Enforcement of Admin
When does Res Adjudicata apply to Admin Determinations?
Proceedings? The methods of enforcement of admin
(1) A decision or determination was issued or made determinations are:
in the exercise of essentially judicial function (1) Investigation
involving: (2) Summary Action
a. The grant of some right or privilege (3) Imposition of Administrative Sanctions
intended as a final determination of the (4) Judicial Actions
question itself

What is Investigation as a Method of This power and the power to require the
Enforcement? production of books, papers, documents and
Life blood of the admin process is the flow of other evidence are basic to the power of
fact, the gathering, the organization and the investigations and it is common for statutes to
analysis of evidence. confer such powers to admin agencies.
Investigations are useful for all admin functions, Such powers may be validly vested in admin
not only for rule making, adjudication and agencies even for purposes not quasi-judicial.
licensing, but also for prosecuting, for
supervising and directing, for determining An Admin agency in itself is NOT empowered
general policy, for recommending legislation to compel the attendance and testimony of
and for purposes no more specific than witnesses, and may only do so through judicial
illuminating obscure areas to find out what if process.
anything should be done. It is common for the statutes to provide for
application to a court to:
Admin agency may be authorized to make Enforce obedience to a subpoena of an
investigations, not only in proceedings of a admin agency or
legislative and judicial nature, but also in The giving of testimony before it.
proceedings the purpose of which is to
obtain info upon which future action of a Power to compel a witness to testify will
legis or judicial nature may be taken. NOT be inferred from a grant of authority to
This may require the attendance of summon and examine a witness.
witnesses in proceedings of a purely The power to compel a witness to testify
investigatory nature. must be clearly given by statute.
The book says there is authority to the
They may conduct general inquiries into contrary.
evils for correction, and to report
findings to appropriate bodies and make What is the Power to issue a Subpoena?
recommendations for actions. This aids in the effective exercise of the
Investigatory power.
Investigatory or inquisitorial powers may consist Without the power to summon witnesses and
of the power to inspect or to secure or to require require the production of books, papers and
the disclosure of information by means of documents, investigation may not prosper.
accounts, records, or otherwise.
Subpoena power is thus the coercive arm or
These powers are conferred on practically all feature of investigation.
boards and commissions as an adjunct of their
regulatory powers which may include the *NOTE: This is NOT an inherent power of admin
powers of: (see Chap 4) agencies.
a) Subpoena;
b) Swearing Witnesses Admin agencies may enforce subpoenas issued
c) Interrogating Witnesses in the course of investigations, whether or not
d) Calling for the production of books, adjudication is involved or whether or not
papers and records probable cause is shown even before issuance of
e) Requiring that books, papers and a complaint.
records be made available for inspection It is unlike a warrant where:
f) Inspecting premises A specific charge or complaint of
g) Requiring Written Answers to violation of law should be pending; or
Questionnaires That the order be made pursuant to one
h) Requiring reports, periodic or special is required before its issuance.
i) Requiring the filing of statements.
In the issuance of a subpoena, it is enough
Discuss the power of Admin Agencies to Require that the investigation be for a lawfully
Attendance of Witnesses, Compelling Testimony, authorized purpose.
and Production of Evidence in General.
Admin agency has the power of inquisition
Admin officers do NOT have the inherent power which is NOT dependent upon a case or
to require the attendance of witnesses before controversy in order to get evidence but can
them, put them under oath and require them to investigate merely on suspicion that the law is
testify. being violated or wants an assurance that it is
not.

Upon delegation by a statute of investigative of the Commission and in appropriate case order
and accusatory duties to an admin agency, it search and seizure or cause the search and
may take steps to inform itself as to whether seizure of all documents, papers, files and
there is probable violation of the law. records as well as books of accounts of any
entity or person under investigation for the
What is the Purpose of a Subpoena? proper disposition on cases before it. (Sec. 6(e)
Its purpose is to discover evidence, not to prove PD 902-A)
a pending charge.
Upon discovery of evidence, a charge can be BLR has the power to require the appearance of
made if the evidence so justifies the making any person or the production of any paper,
of one. document or matter relevant to a labor dispute
under its jurisdiction either at the request of any
Its obligation cannot rest on a trial of the value interested party or its own initiative. (Art. 229,
of the testimony sought as it is enough that: PD 442)
(1) The proposed investigation be for a lawfully
authorized purpose; and NLRC shall have the power and authority to
(2) The proposed witness be claimed to have administer oaths, summon the parties to a
information that might shed some helpful controversy, issue subpoenas requiring the
light. attendance and testimony of witnesses or the
production of such books, papers in any
What are the Requisites for the Validity of a investigation or hearing in pursuance of the New
Subpoena? Labor Code. (Art. 218(b) PD 442)
A subpoena meets the requirements of
enforcement if the inquiry is: When authority to take testimony or evidence is
(1) Within the authority of the agency conferred upon an admin officer is it understood
(2) The demand is not too indefinite to comprehend the right to issue subpoena?
(3) The information is reasonably relevant. YES. When authority to take testimony or
evidence is conferred upon an admin officer, any
Does the Right Against Self-Incrimination extend non-judicial person, committee or other body,
to Administrative Investigations? such authority is understood to comprehend the
This constitutionally granted privilege extends in right:
administrative investigations, generally, in scope To administer oaths and summon witnesses
similar to adversary proceedings. Authority to require the production of
documents under a subpoena duces tecum or
Cabal v. Kapunan Jr., otherwise.
Since the Admin charge of Unexplained
wealth may result in the forfeiture of the This authority is subject in all respects to the
property under the Anti-Graft and Corrupt same restrictions and qualifications as applied in
Practices Act, a proceeding criminal or judicial proceedings of similar character.
penal in nature, the complainant cannot call
the responded to the witness stand without Can Subpoena Power be subdelegated?
encroaching upon his constitutional In the absence of express statutory authority,
privilege against self-incrimination. such subdelegation of authority to subordinates
should NOT be inferred.
Any person whether the respondent or a witness
in an admin investigation, may contest an Unlimited authority of an admin officer to
attempt in the investigation that tends to delegate the exercise of subpoena power is NOT
disregard his privilege against self- lightly to be inferred.
incrimination. Capable of oppressive use, especially when
it may be indiscriminately delegated and the
What are Examples of Statutory Grant of subpoena is not returnable before a judicial
Subpoena Powers? officer.
COMELEC has power to summon the parties to
a controversy pending before it, issue subpoena How are Subpoenas Enforced?
and subpoena duces tecum and take testimony in As stated, admin agencies ordinarily do not and
any investigation or hearing before it and cannot have the power to compel the attendance
delegate such power to any officer of the and testimony of witnesses.
Commission who shall be a member of the Phil. The usual procedure is the application by
Bar. (Sec. 185(1), PD 1296) the admin agency or by an interested party
to a court for an order enforcing the
SEC may issue subpoena duces tecum and administrative order or subpoena.
summon witnesses to appear in any proceedings

It is the order of the court which is the basis of is afforded for a later judicial determination of
the obligation, and enforced by contempt legal rights.
proceedings if not obeyed. Summary proceedings to secure prompt
performance of pecuniary obligations to the
Do Administrative Agencies have Contempt govt have been consistently sustained.
Powers?
The power to punish contempt is inherently Ex: Summary proceedings of distraint and
judicial in nature and has always been regarded levy of the property of delinquent taxpayers
as a necessary incident and attribute of the for collection of taxes have never been
courts. successfully questioned.
It may be granted to an admin body only in the What are Administrative Sanctions as a Method
exercise of judicial or quasi-judicial powers. of Enforcement?
The grant or contempt power in the These are Vindicatory parts of a law or those
furtherance of the purely admin function of parts which ordain or denounce a penalty for the
such body has been held to be invalid. violation.
What are Examples of Statutory Grant of These may include revocation of licenses,
Contempt Powers? refusal to renew licenses, refusal to grant
COMELEC or any of the members thereof shall clearance papers, seizure and sale or destruction
have the power to punish contempt provided in of property, rejection of applicants, suspension
Rule 71 under the same procedure and with the or expulsion, restraint of person, imposition of
same penalties provided therein for the violation admin fines and forfeitures.
of any final and executory decision, order, or
ruling of the COMELEC. (Sec. 185(e) PD. These sanctions are regarded as remedial and
1296) civil NOT criminal, and may be imposed by
admin agencies.
NLRC has the power to hold any person in
contempt directly or indirectly against any What are Examples of Administrative Sanctions?
person guilty of misbehaviour in the presence of 1) Suspension, revocation or cancellation of
or so near the Chairman of any member of the certificates of public convenience, after notice
Commission of any Labor Arbiter. Indirect and Hearing by the Public Service Commission;
contempt shall be dealt with by the Commission
or Labor Arbiter in the manner prescribed under 2) Imposition of a fine not exceeding P200/day for
Rule 71 of the Rules of Court. (Art. 218(d) PD every default or violation by any public service
442) of terms and conditions of any certificate or any
order, decisions, and regulations of the Public
Any violation of any order, award, or decision of Services Commission which is empowered to
the Court of Industrial Relations shall, after such impose the same, after due notice and hearing;
has become final, conclusive and executory,
shall constitute contempt of court, provided that 3) Imposition of admin fines and forfeitures by the
the complaint charging the commission of Collector of Customs under the Customs and
indirect contempt of the Court shall be in writing Tariff Code;
signed and filed with the Clerk of Court by the
Attorney of Court. (Sec. 6, CA 103) 4) Imposition and collection of penalties and
surcharges by the Collector of Internal Revenue
What are Summary Powers as a Method of under the NIRC;
Enforcement?
Used to designate the admin power to apply 5) Exclusion and deportation of aliens under the
compulsion or force against person or property provisions of the Immigration Act and as an
to effectuate a legal purpose without a judicial inherent act of the state; and
warrant to authorize such action.
6) Suspension, cancellation, or revocation of
Where only property rights are involved, mere licenses of physicians and dentists under the Phil
postponement of judicial inquiry into liability is Medical Act of 1959 and the Phil Dental Act.
NOT a denial of due process if the opportunity
given for the ultimate judicial determination of Are Admin Agencies given the Power to Enforce
the liability is adequate. their own decisions?
Some agencies may be given the power to
Property rights must yield provisionally to enforce their own decisions without invading the
governmental need where adequate opportunity province of the judiciary.

Imposition of a penalty for violation of law has
been held as a judicial function which may Some statutes make available mandamus and
NOT be reposed in an admin agency. injunction as methods of Judicial Enforcement.
For example, Legislature cannot leave the What are Examples of Statutory Provisions on
amount of penalty between fixed limits, to Judicial Enforcement?
case-by-case determination by a tax Observance of the orders, decisions and
commission, this being exactly the same regulations of the Public Service Commission
function which a court would exercise in and the terms and conditions of any certificate
imposing a fine upon conviction of a crime. may also be enforced by mandamus or
injunction in appropriate cases, or by action to
When is an Admin Agency Allowed to enforce its compel the specific performance of the orders,
own Decisions? decisions, and regulations so made, or o the
If the sanction (penalty) invoked is civil and duties imposed by law upon such public service:
NOT criminal, it may be applied by an Admin Provided, that the Commission may compromise
Agency. any case that may arise under this Act in such
manner for such amount as it may deem just and
Authorizing an admin agency, after hearing and reasonable. (Sec. 22, Public Service Act)
findings of non-observance of an order, to
publish the names of those failing to observe Upon application of the SEC, the CFI of Manila
such order does not attempt to confer shall also have the jurisdiction to issue
unconstitutional authority to usurp the judicial mandatory injunctions commanding any person
function by imposing a penalty. to comply with the provisions of the Securities
Act or any order of the Commission made in
Such information would be public pursuance thereof. (Sec. 31(e) Securities Act.)
knowledge and could be printed in any
newspaper irrespective of the consent, or Board of Medical Examiners may file an action
authorization of the admin agency. to enjoin any person illegally practicing
medicine from the performance of any act
In the absence of specific provisions of law, constituting practice of medicine if the case so
penal sanctions for the violation of admin rules, warrants until the necessary certificate therefore
regulations and determinations, are enforceable is secured. Any such person who, after having
through the machinery of the regularly been so enjoined continues in the illegal practice
constituted court. of medicine shall be punished for contempt of
court.
There is NO constitutional principle which
prohibits the legislature from authorizing admin Can Judicial Enforcement be had through
agencies from imposing administrative as Criminal Prosecutions?
distinguished from criminal sanctions like fines Independently of such specific statutory
and forfeitures. provisions, judicial enforcement is also had
Such sanctions are regarded as merely civil through criminal prosecutions for the violation
and remedial rather than criminal or of the provisions of statutes and of the rules and
punitive in nature. regulations issued thereunder if made a crime by
Good examples are internal revenue and the law itself and penalty therefore specially
custom cases. provided by law.
What is Judicial Enforcement as a Method of

Enforcement?
Admin orders CANNOT be enforced in the CHAPTER VII
courts of justice in the absence of an express JUDICIAL REVIEW
statutory provision for that purpose.
What is the Meaning of Judicial Review of
Some statutes, generally provide for the judicial Administrative Actions?
enforcement of admin orders: In connection with the action of and admin
(1) Sometimes by provisions for transfer of agency, judicial review is used generally to
admin records and decision to a court embrace any matter which arises when such
for the entry of a judgment and decree; action is brought into question before a court.
and
What are the Basic Concepts of Judicial Review?
(2) Sometimes by actions for penalties for The problem of judicial review of administrative
violation of orders or by actions to actions necessarily brings the judicial process
enforce reparation awards.

into conflict with the admin process and presents Most often, the right to Judicial Review is
vital questions as to the relative roles of admin granted by statute.
agencies and the courts in our govt.
It may also exist under the general powers of
Both admin agencies and courts are considered the courts when the legislature has not precluded
collaborative governmental instrumentalities of judicial review expressly or impliedly in an area
justice rather than rivals or competitors. where the courts have such power AND where:
Admin agency have their source in necessity A justiceable right exists; or
to perform functions which are beyond the A right which the courts may enforce
capacity of the courts
What are the proper questions to be asked in
The role of the courts in regard to admin cases of Judicial Review of Administrative
action is the accommodation of the admin Actions? (1 question broken down into diff. aspects)
process to the traditional judicial system and 1) May this party,
to reconcile democratic safeguards and 2) At this time,
standards of fair play with the effective 3) In this particular proceeding,
conduct of govt. 4) In this particular court, obtain
5) Any review of these specific issues about this
One basic approach to judicial review: admin proceeding, and if so,
Questions of law or validity are for the 6) How much review on each issue will this court
COURT; give?
Questions of fact, policy, or discretion are
determinable by the ADMIN AGENCY. The questions above give rise to further inquiries
such as:
Total concept of Judicial Review is, and (1) What type of hearing,
necessarily must be, a matter which is highly (2) What type of record
fluid. (3) What type of decision, have been given by
Judicial review of administrative action has the agency in this case.
developed gradually from cases to case, in These last 3 questions raise the critical
response to the pressures of particular problem of the basic prerequisites for the
situations, the teachings of experience, and meaningful exercise of judicial review.
the guidance of ideals and general
principles, and influence of legislation. May Administrative Determinations be Made
Final and Irreviewable?
When courts are confronted with judicial review Judicial Review of Admin Action may be
cases of admin actions they: granted or withheld as Congress chooses
Often speak of judicial review and EXCEPT when the Constitution requires
especially the scope of judicial review in judicial review.
terms of administrative agencies generally;
Often apply the same rules to different types When the law confers exclusive and final
of admin agencies jurisdiction upon the executive departments of
Sometimes hold expressly that the extent of the govt to dispose of particular questions, their
review in regard to a particular agency is the judgment or the judgment of that particular
same as that in regard to a specific agency. department are NO more reviewable by the
courts.
The following militate against the generalization
of administrative action and precludes too much In such cases there is no violation of due
into any one decision of judicial review by the process.
courts: Due process does not require that a decision
Continuing growth of admin law, made by an appropriate tribunal shall be
Different fields in which admin agencies reviewable by another.
operate, and
Variety of their functions and purposes, and The safeguard of due process has been
Variety in the manner in which legislature in complied with so long as:
different statutes has distributed the a) the trier of facts shall be an
responsibilities of law enforcement as impartial tribunal
between the courts and administrative b) No findings shall be made except
agencies. upon due notice and opportunity to
be heard
How is the Right to Judicial Review Granted to c) Procedure at the hearing shall be
the Courts? consistent with the essentials of a
fair trial

d) It shall be conducted in such a way power in the courts to scrutinize the acts of
that there will be an opportunity for such agencies on questions of law and
a court to determine whether the jurisdiction even though no right of review
applicable rules of law and is given by the statute.
procedure were observed.
What is the purpose of judicial review even if it is
Authority of Congress to withhold judicial not granted by the statute?
review over cases involving grants, benefits, or Purpose of judicial review is to keep the admin
privileges, where the state accords something agency within its jurisdiction and protect
to an individual in which he has no pre-existing substantial rights of parties affected by its
legal right is beyond question. decisions.
Determinations of Admin bodies on such
questions may be made final and conclusive, It is a part of a system of checks and balances
however mistaken its exercise may be. restricting the separation of powers and
forestalling arbitrary and unjust adjudications.
What are the Main Sources of Judicial Review?
Judicial Control or review of administrative Generally, when is Judicial Review proper?
actions may proceed from any of the following: (1) Lack of Jurisdiction
(1) Constitutional Provisions (2) Grave Abuse of Discretion
(2) Validly enacted Legislation (3) Error of law,
(3) Doctrines developed by the courts (4) Fraud or Collusion.
themselves, independently or statutory
provisions. What may the Courts do in exercise of Judicial
Review?
In the Philippines, the basis for judicial review The courts may declare an action or resolution
may be: of administrative authority to be illegal because:
(1) Constitution (1) It violates or fails to comply with some
Sec. 11, Art. XII-C of 1973 Consti [now Art. mandatory provisions of law; or
IX-A, 1987 Consti] (2) It is corrupt, arbitrary and capricious
any decision, order, or ruling of the
COMELEC may be brought to the Does the Legislative have Control over Judicial
SC on certiorari by the aggrieved Review?
party within 30 days from his In the absence of constitutional provisions,
receipt of a copy thereof. legislative control over judicial review is
absolute.
Sec. 2(2) of Art. XII-D of 1973 Consti [now
Art. IX-A, 1987 Consti] Legis may grant or withhold judicial review of
unless otherwise provided by law, admin actions and determine when judicial
any decision, order or ruling of the review is available and under what circumstance
COA may be brought to the SC on if granted are questions that depend on the
certiorari by the aggrieved party particular enactment under which judicial review
withing 30 days from his receipt of is authorized.
a copy thereof.
(2) Statutes What are Conditions for the Exercise of Judicial
Decisions of Agrarian Relations, Review?
Philippine Patents Office, SEC, Before Judicial Review of Administrative
Social Security Commission, NLRC Determinations may be had, it is required:
(1) Principle of Finality of Administrative
(3) General Principles of Public Law Action
Decisions of deportation, That the Administrative action has
immigration, public lands, and already been fully completed, and
postal authorities, and of the therefore, final; and
numerous professional boards, are
likewise reviewable by the courts. (2) Doctrine of Exhaustion of Administrative
Remedies
Can there be Judicial Review in the Absence of All administrative remedies have been
Statutory Authority? exhausted.
In San Miguel Corporation v. Secretary of
Labor What is the Principle of Finality of the
Generally understood that as to admin Administrative Action?
agencies exercising quasi-judicial or
legislative powers, there is an underlying

The principle states that courts are reluctant to
interfere with administrative action prior to its (2) Until the admin authority has acted, the
completion and in this sense not final. complainant can show no more than an
apprehension that such agency will
Courts are averse to review interim steps in an perform its duty wrongly
admin proceeding, and preliminary or This is a fear which the courts
procedural orders of an admin body, primarily cannot act upon
on the ground that such a review would afford
opportunity for constant delay. (3) That it is not for the court to stop an
admin officer from performing his
What are the Exceptions to and Limitations on statutory duty for fear he will perform it
the Doctrine of Finality? wrongly;
Doctrine of finality of admin action as a
requisite for review is NOT only concerned with (4) That admin officer to whom public
the completeness of the admin action; but also duties are confided by law is not subject
Involves immediacy of impact of such to the control of the courts in the
action as has been taken; and exercise of the judgment and discretion
The impingement of that action upon which the law reposes in hims as part of
asserted rights. his official functions
UNLESS: such duties are of a
The considerations above operate to limit or purely ministerial character and
create exceptions to the requirement that judicial involve no exercise discretion
intervention be withheld until admin action has and no other grounds.
reached its complete development.
In such instances, judicial relief for review What is the Doctrine of Exhaustion of Admin
at an initial or intermediate stage of the Remedies?
judicial process is permitted. This requires that when an admin remedy is
provided by law, relief must be sought by
It is also recognized that judicial review may be exhausting this remedy before the courts will
available as to an interlocutory order affecting act.
the merits of a controversy, and that a court my
grant relief to preserve the status quo pending No recourse can be had until all such remedies
further action by the admin agency. have been exhausted and special civil actions
agst admin officers should not be entertained if
Under Equity Jurisdiction, judicial intervention superior admin officers could grant relief.
prior to the completion of admin action may be
invoked when: IMPT: SC has held that exhaustion of admin
Essential to the protection of the rights remedies is necessary ONLY when required by
asserted or law, and that ignorance of the existence of such
The admin officer assumes to act in admin remedy is no excuse.
violation of the Consti and other laws or
Such order is not reviewable in any other Does the Non-Exhaustion of Admin Remedies
way and the complainants will suffer great Prevent Judicial Review?
and obvious damage if the order is carried GENERALLY, non-exhaustion of admin
out; or remedies would prevent judicial review.
Such relief is expressly allowed by law. Unless the process of admin decision-making
has been completed, a case is not ready for
Doctrine of Finality DOES NOT preclude judicial review.
exercise of the general discretion of the court to
set aside an order made in excess of power, Exhaustion of admin remedies imports recourse
contrary to specific prohibition in the statute to the highest admin authority.
governing the agency and thus operating as a
deprivation of a right assured by the statute. Does Exhaustion of Admin Remedies Include the
Appeal to the President?
Can there be Judicial Relief from Threatened Under the system of government that we have,
Admin Action? exhaustion of remedies theoretically envisages
Judicial relief from threatened or pending appeal from the head of a bureau or office to the
admin action has been DENIED on several department head and finally to the President of
grounds among them: the Philippines.
(1) The courts will not render a decree in
advance of the admin action and there The Presidents Constitutional Control Power
render such action nugatory; over all departments, bureaus, and offices places

him in a position to reverse, modify, or affirm a
decision or ruling by a head of a department In GENERAL, the two principles are applied in
bureau or office. situations in which a like result could be
reached.
The progress of an admin case in the ordinary In some instances, the doctrine of
course of law is an upward step-by-step exhaustion of remedy may not be available
progression to the office of the President in a particular court, but the lack of finality
Calo v. Fuertes of admin action may not yet be urged.
Withdrawal of an appeal to the President
before he could act on it is tantamount What are some of the Reasons for the Doctrine of
to not appealing at all. Exhaustion?
1) If the relief is first sought from a higher or
A subsequent petition for certiorari and superior admin agency, resort to courts may
prohibition cannot prosper because such prove unnecessary, saving the delay and expense
withdrawal was fatal, as the appeal to of litigation, and preventing the courts from
the President is the last step the being swamped by resort to them in the first
aggrieved party should take in an admin place.
case
2) If a mistake is committed in the initial steps of
Dimaisip v. CA the admin activity or by an admin agency, it
Failure to appeal from a decision of the should be given the chance to correct such error,
Sec of Agriculture and Natural and if such mistake is not corrected therein,
Resources to the Pres does no preclude relief may be obtained from the higher admin
the plaintiff from taking the case to the authorities.
court, in view of the theory that the Sec.
is a mere alter-ego of the President. 3) The principle of comity and convenience
If the appeal to the Pres is not requires the courts to stay their hands until the
necessary in order that the case may admin processes have been completed.
be taken to court, the highest admin
authority (in this case the Sec) had 4) Finally, since judicial review of admin actions is
already spoken. usually had through special civil actions, such
proceedings cannot ordinarily lie if there is an
To require the filing of a formal appeal, or any plain, speedy, and adequate
motion for reconsideration of the remedy in the ordinary course of law.
decision of the Exec Sec. would What are some of the Exceptions to the Doctrine
have been a useless formality. of Exhaustion?
1) Where it plainly appears that the administrative
remedy would be of no value and fruitless, the
When is appeal to the President indispensable? party seeking judicial relief does not have to
Appeal to the President is indispensable where it complete administrative procedures before
rests not only upon the power of control of the resorting to the courts.
President over departments, bureaus, and offices
but upon a statute expressly providing for the 2) When there estoppel on the part of the
right of appeal to the President. administrative agency claiming the benefit of the
doctrine.
When is appeal to the President NOT
indispensable? 3) When no administrative action is possible
It is NOT necessary where the statute does not because the question involved is purely a legal
provide so. question.
In these cases, appeal to the President from a
decision of a Dept. Head is optional 4) When the administrative action for which the
relief is sought is patently illegal amounting to
Distinguish between the Principle of Finality and lack of jurisdiction.
Exhaustion.
Doctrine of exhaustion is merely one aspect of 5) When there is unreasonable delay or official
the broader doctrine of finality which requires inaction.
final administrative action as prerequisite of
judicial review. 6) When there is an irreparable damage or injury or
threat thereof unless resort to the court is
Principle of Finality of admin action is thus immediately made.
broader in scope and application than the
doctrine of exhaustion of remedies.
7) When the doctrine of qualified political agency
applies. Distinguish the Doctrine of Prior Resort from
Exhaustion.
8) In extreme cases where there is no other plain, Exhaustion Doctrine operates where an admin
speedy, or adequate remedy in the ordinary agency has the authority to pass on every
course of law. question raised by a party resorting to judicial
relief and enables the court to withhold its aid
9) In land case, the doctrine applies ONLY to lands entirely until admin remedies have been
of the public domain in pursuance of the Public exhausted.
Land Act. The rule is inapplicable to private a) The doctrine cannot apply to defeat a right
lands, not even to those acquired by the Govt of election which a party may have (such as
by purchase for resale to individuals. when given expressly by the statute)
between an admin and judicial remedy.
10) When there are special reasons or circumstances
demanding immediate court action. Doctrine of Prior Resort operates to shut out
from courts only the determination of certain
11) Where the law does not make an administrative issues in a proceeding of which it admittedly has
remedy a condition precedent to judicial resort. jurisdiction.
a) The doctrine is applied in the face of the
12) In cases where the observance of the exhaustion statutes purporting to permit a choice of
requirement would result in the nullification of remedies.
the claim being asserted
13) In case when there is nothing left to be done but What are the Limitations on Prior Resort?
to go to court. Doctrine does not apply in relation to a question
where the following circumstances concur:
a) What is involved is not a question of fact,
but one of pure law;
What is the Doctrine of Primary Administrative
Jurisdiction or Prior Resort? b) The question is determinable apart from the
This doctrine holds that courts cannot and will exercise of administrative discretion
NOT determine a controversy: (meaning admin discretion is not essential to
a) Involving a question which is within the the determination of the question.)
jurisdiction of the administrative tribunal;
c) Requisite uniformity of determination is
b) Such administrative tribunal has not yet attainable otherwise than by confining
rendered a decision of that question; determination of the question to the admin
tribunal.
c) The question demands the exercise of sound
administrative discretion requiring the What are the Classifications of Methods of
special knowledge, experience, and services Obtaining Relief from or a Review of
of the administrative tribunal; Administrative Actions?
1) Statutory or Non-Statutory Methods;
d) The purpose of such discretion is to 2) Direct or Collateral methods.
determine technical and intricate matters of
fact; and a What are Statutory/Non-Statutory Methods?
Statutory Methods
e) Uniformity of ruling is essential to comply Those available pursuant to specific
with the purposes of the regulatory statute statutory provision.
administered. Manner and extent of which are expressly
governed by statutes or rules.
The doctrine therefore requires prior resort to
the appropriate admin agency before the Non-Statutory Methods
jurisdiction of the courts can be invoked. Those which are not expressly provided for
(hmm isnt this similar to doctrine of finality?) by statutes but which the courts supply by
their reason inherent power to review such
What are the reasons for the Doctrine of Prior proceedings upon questions of jurisdiction
Resort? and questions of law.
1) To take full advantage of administrative Questions of law and jurisdiction are of
expertise; a judicial nature, whether the tribunal
2) To attain uniformity of application of regulatory was exercising a judicial function or a
laws. purely admin function.

Appeal to SC for denial of registration of a
What are Direct/Collateral Methods? mark or trade name, or renewal of
Direct Proceedings registration or any cancellation proceeding
One designed by law for a review or relief (Sec. 33, RA 165)
from a judgment and other proceedings the
primary purpose of which is some relief or 7) Judicial Review of Decisions of the Collector of
result other than the setting aside of the Internal Revenue, Commissioner of Customs or
judgment. Provincial or City Board of Assessment Appeals
An attack on the judgment may be Appeal in CTA within 30 days. (Sec.11, RA
incidentally involved. 1125)
Collateral Attack Appeal decision of CTA in a Petition for

There is an attempt to question in a Review to the SC
subsequent proceeding the conclusiveness or
validity of a prior admin decision on the Where the Statute provides the Method of review
ground that the decision is invalid and void is that to the exclusion of other methods?
for: Where the statute setting up the admin agency
a) Lack of jurisdiction over the person, or makes specific methods for judicial review of
b) Lack of jurisdiction over the subject the agencys determination, that method is
matter, or ordinarily exclusive.
c) Because the determination attacked was
not the act of the body vested with If statutory methods of direct judicial review are
power to make the determination. available, the use of non-statutory methods is
not likely to be permitted by the Court.
What are Examples of Statutory Methods of
Review? EXCEPTION: Where under a statute providing
1) Judicial Review of Decisions of COMELEC for direct review of the decision of a specified
May be brought to SC on certiorari {Sec. 11, admin agency, orders of a certain type are not
Art. XII-C of 1973 Consti [now Art. IX-A, reviewable, judicial review may be available by
1987 Consti]} non-statutory review proceedings, particularly
where exceptional circumstances exist.
2) Judicial Review of Decisions of COA
Brought to SC on certiorari {Sec. 2(2) of Art. What are Examples of Non-Statutory Methods?
XII-D of 1973 Consti [now Art. IX-A, 1987 Where no specific statutory method is provided
Consti]} or where the method provided does not cover the
particular situation desired to be judicially
3) Judicial Review of Decision of the Court of reviewed or resolved, relief may be had in
Agrarian Relations appropriate cases by means of common-law or
Brought to SC on questions of law and may prerogative writs of: (a.k.a special civil actions)
be brought to SC for findings of fact, only a) Certiorari
when the decision is not supported by b) Mandamus
substantial evidence. (RA 1267, as amended c) Habeas Corpus
by RA 1409, Sec. 13) d) Quo Warranto
e) Prohibition.
4) Judicial Review of Decisions of the Public
Service Commission What are some of the non-statutory methods of
By Certiorari or by Petition for Review (CA review of admin determinations in the Phil?
146, Sec. 36) 1) Judicial Review of Decisions of Immigration
Authorities
5) Judicial Review of Decisions of the SEC SC asserted that courts have jurisdiction to
Brought to SC on a petition for review after review decisions of immigration authorities
the objection to the order of SEC has first on the exclusion of aliens ONLY when
been urged before the latter. (CA 83, Sec. there has been an abuse on their part such
35), (Rule 43, Sec. 4, Rules of Court) as:
a) When a person who does not belong to
6) Judicial Review of Decisions of the Phil. Patent the excluded class has been denied
Office admission;
Appeal to the SC for decisions on b) When a person seeking admission has
registration of a design, cancellation of a not been given a fair, full and free
patent, obtaining compulsory licenses. (Sec. hearing; or
61, RA 165) c) When there is no proof at all against the
right of the applicant for admission.

Such action when based upon a
When the applicants are under detention, misconstruction of the law can be
habeas corpus may be utilized to test its corrected by the courts.
legality.
4) Judicial Review of Decisions of Examining
2) Judicial Review of Decisions of Deportation Boards
Authorities The powers of govt boards of examination
Decisions of deportation authorities are to pass upon the qualifications of applicants
final, unless: to various professions are in some respects
a) There has been an abuse of discretion or quasi-judicial.
power, or In the performance of their duties, they
b) Where they have acted in open violation may have to consider and finally
of the law; determine questions of a purely legal
c) There has been no fair hearing. character.
A person sought to be deported is entitled to If a remedy is granted, such as appeal to

a fair, full and impartial hearing and must be higher admin authorities, the law
informed of the ground of deportation. creating such boards will be valid, even
If the evidence presented relates to though no appeal to the courts is
grounds other than that on which the provided.
proceeding is based, he cannot be Where the law provides that the
deported. results of the examination are to be
submitted for confirmation to the
When the persons sought to be deported are Dept. Sec., it is not the ministerial
under detention, habeas corpus proceedings function of the latter to blindly
is the proper remedy. confirm the results and he may set
aside the examination if he finds
3) Judicial Review of Determination of Land that it was attended by irregularities.
Authorities
Decisions of Sec of Agriculture and Natural The decision of the Dept. Sec will
Resources upon a question of fact is not be set aside by the court
conclusive and NOT subject to judicial UNLESS it appears that such was
review unless: exercised with manifest injustice or
grave abuse.
a) It is shown that such was rendered in
consequence of fraud, imposition or 5) Judicial Review of Decisions of Postal
mistake other than error of judgment in Authorities
estimating the value or effect of The performance of the duty of determining
evidence. whether a publication contains printed
This is regardless of whether or not matter of a libelous character as to be
such is consistent with the excluded from the mail rests with the
preponderance of evidence so long Director of Posts and involves the exercise
as there is some evidence upon of his judgment and discretion.
which the finding in question could Courts will not interfere UNLESS: the
be made. court is clearly of the opinion that it was
patently wrong.
Ex: Decisions rendered as a
consequence of fraud and What are Examples of Collateral Methods?
misrepresentations and are thus Some of the usual methods of review of a
rendered with grave abuse of collateral nature are:
discretion in that they were based (1) By injunction
upon fictitious facts or mere (2) By declaratory judgments
inferences from an alleged (3) By damage suits against administrative
investigation which the parties were officers
not heard and of which there is no (4) By actions for restitution
record, and contrary to the findings
made in other investigation to which In General, What are Grounds for Review in the
they were parties, may be judicially absence of valid statutory provisions or other
reviewed. affecting the scope and extent of judicial review?
1) Where the determination is beyond the powers
b) The decision relates to a question of which could constitutionally be vested in or
law. exercised by an administrative authority;
The reason and the justice of the case is
2) Where the determination is without or in excess clear and plain.
of the statutory powers and jurisdiction of the
administrative authority; The ruling of an admin authority on
questions of law, while not as conclusive as
3) Where the determination is an exercise of its findings of fact, it is nevertheless
powers so arbitrary or unreasonable as virtually persuasive and given weight and carries
to transcend the authority conferred, or is with it a strong presumption of correctness,
otherwise an abuse of discretion, or in disregard especially where:
of the fundamental rules of due process of law, A system of law has been built up in one
as required by constitutional or statutory administrative agency, or
directions, or in an otherwise irregular The opinion of an administrative board
proceeding, or is tainted with matters which in which there are professional men is
disclose fraud, mistake, bad faith, corruption or fortified by judgment and experience.
collusion; or
Questions of Fact
4) Where the determination is based upon an error GEN Rule: In the absence of statutory
of law. directions to the contrary, and of any vital
defect such as with respect to jurisdiction
What is the Scope of Judicial Review? and procedure, Administrative findings of
Judicial Review of executive or admin decisions fact are conclusive upon the courts, if
does not import a trial de novo. supported by substantial or competent
It is only the ascertainment of whether the evidence.
executive findings are:
Not in violation of the Constitution or of Courts may be expressly or impliedly
the laws, precluded from reviewing the findings of
Free from fraud or imposition, and facts of an administrative agency.
Whether they find reasonable support in
the evidence. Examples of statutes that expressly
preclude such review:
So long as the findings of fact are supported by a) Minimum Wage Law review of the
substantial evidence, even if not overwhelming SC of findings of order of Sec. of
or preponderant, the administrative decision Labor is limited to questions of law
should be respected. and the findings of fact by Sec
It is not for the reviewing court to weigh the supported by substantial evidence is
conflicting evidence, determine the conclusive. (Sec. 7(a) RA 602)
credibility of the witness or otherwise
substitute its own judgment for that of the b) Public Land Act Decision of Dir
admin agency on the sufficiency of of Lands approved by Sec. of
evidence. Agriculture and Natural Resources
as to questions of fact is conclusive.
These principles negate the power of a (Sec. 4, CA 141)
reviewing court to re-examine the sufficiency of
evidence in an admin case as if originally Ex of statutes that impliedly preclude
instituted therein and do not authorize the court such review:
to receive additional evidence that was not a) Court of Industrial Relations Act
submitted to the admin agency concerned. confines review of the decisions of
the industrial court to questions of
law (Sec. 15, CA 103)
What are Questions Subject to Review? However, A judicial review of the

Questions of Law findings of fact even in the above
Subject to judicial review upon which the instances may be made when there is:
courts may substitute their own judgment for Fraud,
the administrative determination where: Imposition
An error of the administrative agency Mistake other than error of
upon a question of law results, or is judgment in estimating the value or
likely to result in the miscarriage of effect of evidence
justice, or is a material error, or Error in appreciation of the
Administrative action is clearly or pleadings and in the interpretation
palpably wrong, or of the documentary evidence
presented by the parties.
It is broad enough and capable of sufficient
A review of the findings of fact of flexibility in its application to enable the
administrative agency may be expressly reviewing court to correct whatever
allowed by statute. ascertainable abuses may arise in the admin
Ex: SC is given jurisdiction to review adjudication.
the determinations of the Public Service On the other hand, it is review of such
Commission when it clearly appears that breadth as is entirely consistent with
there was no evidence before the effective administration.
Commission to support reasonably such
determination. This rule provides for review of rationality of a
determination and is a test of reasonableness and
However, SC is bound by the not of rightness of agency findings of fact.
findings of fact of the Commission It does not mean that the reviewing court
and, although it can modify such will weigh the evidence or substitute its
decision, the SC is not authorized to judgment for the considered judgment of the
weigh the conflicting evidence and administrative tribunal.
substitute its conclusion.
It means that the:
SC can only ascertain whether there a. Court will apply the only available objective
was evidence to reasonably support test to determine whether the admin tribunal
the decision. did in truth exercise such considered
judgment; and that the
Mixed Questions of Law and Fact
This arises where there is difficulty in b. Court will insist upon such relevant
separating reviewable questions of law from evidence as a reasonable mind might accept
non-reviewable questions of fact. as adequate to support a conclusion.
An Admin finding on a mixed question of The rule requires that the determinations of fact
fact and law is subject to judicial review, on should be upheld unless arbitrary or clearly
which the court may substitute its judgment wrong, and ruling supported by substantial
for that of the admin agency. evidence should be sustained unless they rest on
erroneous legal foundations.
It is to be noted that Admin determinations
upon such mixed questions of fact and law Insular Life Assurance Co., Ltd, Employees
carries a strong presumption of its Association NATU v. Insular Life Assurance
correctness and courts will not ordinarily Co., Ltd.
review it. Findings of fact of the Court of Industrial
Relations if supported by substantial
Courts usually apply Brandeis Doctrine of evidence bind the SC.
Assimilation of Facts w/ respect to mixed
questions of law and fact. RATIO: Rule of substantial evidence, rather
Where what purports to be a finding than the rule of preponderance of evidence
upon a question of fact is so involved applicable in ordinary civil cases, governs
with and depended upon a question of the Court of Industrial Relations in its
law as to be in substance and effect a findings of fact.
decision of the latter, the Court will,
order to decide the legal question, Substantial evidence refers to such relevant
examine the entire record, including the evidence as a reasonable mind might accept
evidence if necessary as it does in cases as adequate to support a conclusion.
coming from the highest court of the
State. (Justice Brandeis, St. Joseph Stock Substantiality of the evidence depends on its
Yards Co. v. US) quantitative as well as its qualitative
aspects. To be considered as substantial,
Under this doctrine, the more important said evidence should primarily be credible.
question assimilates the other.
Findings of fact NOT supported by
What is the Substantial Evidence Rule when substantial and credible evidence DO NOT
applied to Judicial Review? bind SC.
This is a compromise between theories of broad
or de novo review and restricted review or Is Judicial Review Considered Trial de Novo?
complete abstention. Judicial Review of executive or admin decisions
does not import a trial de novo.

It is only the ascertainment of whether the
executive findings are:
Not in violation of the Constitution or of
the laws,
Free from fraud or imposition, and
Whether they find reasonable support in
the evidence.
To assume that after administrative decision has

been rendered the courts are free to retry the
case de novo is to misconceive the fundamental
mission of judicial review.
It is not for the reviewing court to weigh the

conflicting evidence, determine the credibility of
the witnesses, or otherwise substitute its own
judgment for that of the admin agency on the
sufficiency of evidence.
As stated countless of times, Admin
decision in matters within the executive
jurisdiction can only be set aside on proof of
gross abuse of discretion, fraud or error of
law.
Godbless! La na time to encode the digests Sensya

na mejo mahaba reviewer

Admin Law Gonzales

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ADMINISTRATIVE LAW Atty.

Chan-Gonzaga/Dean Roy II-D 2003-2004

ADMINISTRATIVE LAW Emphasis is to the Emphasis of the law is

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CHAPTER II Some on the other hand are deemed as agents of

What is an Administrative Agency?

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6) Agencies set up to function in situations wherein

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Conferring authority w/c involves Congress may delegate to admin agencies

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(70 PHIL 726) is no undue delegation of power. RA 51 in authorizing

Simplicity, Economy and Efficiency as a HELD: Distinction should be made between

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To be valid, the exercise of quasi-judicial

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Do Administrative Interpretative rulings have

How are Administrative Rules and Regulations Administrative Rule-Making v. Quasi-Judicial

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Described as a proceeding of Quasi-judicial What is the effect on the Jurisdiction of Admin

If established by Constitution Is Due Process required in Administrative

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4) A finding may NOT be based on undisclosed Advertisement shall be made by posting a

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6) Grant or revocation of licenses for permits to Do Admin Agencies exercising powers of

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(2) No rights have vested in the meantime by

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What is Judicial Enforcement as a Method of

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Collateral Attack Appeal decision of CTA in a Petition for

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A person sought to be deported is entitled to If a remedy is granted, such as appeal to

What are Questions Subject to Review? However, A judicial review of the

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To assume that after administrative decision has

It is not for the reviewing court to weigh the

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