ADMINISTRATIVE LAW forms of local government. (Sec.

2[1], Introductory
Provisions, Executive Order No. 292)
- Promulgated by Pres. Aquino when she still had legislative
powers pursuant to Article XIII, Section 6 (The incumbent Two Components:
President shall continue to exercise legislative powers until 1) Corporate governmental entity​, through which
the First Congress is convened). the ​functions of government are exercised
throughout the Philippines​.
-took effect in 1989, only after 2 years. 2) Various arms through which ​political authority is
made effective in the Philippines​.
The Code is a general law and incorporates into a unified
document the major structural, functional and procedural Thus, Local Governments are included in the definition of
principles of governance and embodies changes in Government of the Republic of the Philippines.
administrative structures and procedures designed to serve
the people (Ople v. Torres). (a) They are referred to as “​various arms through which
political authority is made effective in the
Q: What is Administrative Law? Philippines​” (Administrative Code)
A: It is a branch of public law ​fixing the organization and
Art. VII, Section 17 Art. X, Section 4
determines the competence of administrative
authorities, and ​indicates the individual remedies for Control power of the Power of General
the violation of the rights. President​ - “The President Supervision​ - “The
In a general sense, “administrative law” embraces all the law shall have control of all President of the Philippines
that controls, or is ​intended to control​, the administrative shall exercise general
executive departments, supervision over local
operations of government.
bureaus and offices. He governments xxx
shall ensure that the laws
Q: What is the subject matter of administrative law? be faithfully executed.”
A: Basically, the subject matter of administrative law is the
nature and mode of exercise of administrative Control​ is the power of the Power of General
power and the ​system of relief against administrative superior to direct the Supervision​ means to
action​. (Political Law Reviewer, Albano, 2008) performance of a duty, generally oversee, see to it
restrain the commission of that the local governments
acts, review, revise, modify, and their officials perform
Q: What is Administrative Power? reverse or alter the their functions in
A: Administrative power is concerned with the work of decisions and even to accordance with law (no
applying policies and enforcing orders as substitute the superior’s more than that)
determined by proper governmental organs​. It own decision.
enables the President to fix a uniform standard of
Control is the very heart of
administrative efficiency and check the official conduct of his the power of the President.
agents. To this end, he can issue administrative orders, rules (Joson V. Torres)
and regulations. (Ople v. Torres, G.R. No. 127685, July 23,
*LGU's are not under the control power of the President. It
1998 [Puno])
falls under the general supervision of the President.

Q: What is an Administrative Order?

(b) They are referred to as “​territorial and political
A: An administrative order is an ​ordinance issued by the
subdivisions of the Republic of the Philippines
President which relates to specific aspects in the
(Article X, Section 1, 1987 Constitution).
administrative operation of government. It must be ​in
“The territorial and political subdivisions of the Republic of
harmony with the law and should be for the ​sole
the Philippines are the ​provinces, cities, municipalities and
purpose of implementing the law and carrying out the
barangays​. There shall be autonomous regions in Muslim
legislative policy. (Ople v. Torres, G.R. No. 127685, July 23,
Mindanao and the Cordilleras.”
1998 [Puno])

*Under the first component, whether the agency is an

Q: What is the Government of the Republic of the
incorporated or unincorporated agency of the government is
Philippines?
included in the definitions.
A: The Government of the Republic of the Philippines refers
to the ​corporate governmental entity through which the
Q. Are government owned or controlled corporations
functions of the government are exercised
(GOCC's) part of the definition of the Government of the
throughout the Philippines​, including, save as the
Republic of the Philippines?
contrary appears from the context, the various arms through
A. It depends, if the GOCC is performing ​governmental
which political authority is made effective in the Philippines,
function​, then it is part of the definition. If the GOCC is
whether pertaining to the autonomous regions, the
performing proprietary function, then it is not part of the
provincial, city, municipal or barangay subdivisions or other
definition.

Administrative Law Reviewer 

Raine Verdan 2018
1
Q: What is an Agency of the Government?
A: Agency of the Government refers to ​any of the various
units of the Government​, including a ​department,
bureau, office, instrumentality, or government-owned or
controlled corporation, or a local government or a distinct
unit therein. (Sec. 2[4], Introductory Provisions, Executive
Order No. 292)
Q: What is a Department?
A: Department refers to an ​executive department
created by law​. For purposes of Book IV, this shall include
any instrumentality, as herein defined, ​having or assigned
the rank of a department, regardless of its name or
designation. (Sec. 2[7], Introductory Provisions, Executive
Order No. 292) Ex:​ DOJ, DENR, DOH
Q: What is a Bureau?
A: Bureau refers to any ​principal subdivision or unit of
any department. For purposes of Book IV, this shall
include any principal subdivision or unit of any
instrumentality ​given or assigned the rank of a bureau,
regardless of actual name or designation, as in the case of
department-wide regional offices. (Sec. 2[8], Introductory
Provisions, Executive Order No. 292) Ex: ​BIR under DOF,
NBI under DOJ
Q: What is an Office?
A: Office refers, within the framework of governmental
organization, to ​any major functional unit of a
department or bureau including regional offices. It may
also refer to ​any position held or occupied by
individual persons​, whose functions are defined by law or
regulation. (Sec. 2[9], Introductory Provisions, Executive
Order No. 292) Ex:​ Regional Office of the Bureau of Lands.
Other Agencies
Q: What is a Government Instrumentality? What are
included in the term Government Instrumentality?
A: A government instrumentality refers to ​any agency of
the national government​, not integrated within the
department framework, ​vested with special functions or
jurisdiction by law​, endowed with some if not all
corporate powers, administering special funds,
enjoying operational autonomy​, usually ​through a
charter​. The term ​includes regulatory agencies, chartered
institutions and government-owned or controlled
corporations. (Sec. 2[10], Introductory Provisions, Executive
Order No. 292)
Q: What is a Regulatory Agency?
A: A regulatory agency refers to ​any agency expressly
vested with jurisdiction to ​regulate, administer or
adjudicate matters ​affecting substantial rights and
interest of private persons​, the principal powers of which are
exercised by a collective body, such as a ​commission, board
or council​. (Sec. 2[11], Introductory Provisions, Executive
Order No. 292) Ex: ​PRC, NLRC, SEC, Insurance Commission
Administrative Law Reviewer 
Raine Verdan 2018
Q: What is a Chartered Institution?
A: A chartered institution refers to any ​agency organized
or operating under a special charter​, and ​vested by
law with functions relating to ​specific constitutional
policies or objectives​. This term includes state
universities and colleges and the monetary authority of the
State. (Section 2[12], Introductory Provisions, Executive
Order No. 292) Ex:​ BSP
Q: What is a Government-Owned or Controlled Corporation?
A: Government-owned or controlled corporation refers to
any agency organized as a stock or non-stock
corporation​, vested with ​functions relating to public
needs ​whether governmental or proprietary in nature, and
owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as in the
case of stock corporations, to the extent of ​at least fifty-one
(51) per cent of its capital stock​; x x x (Sec. 2[13],
Introductory Provisions, Executive Order No. 292)
Provided, the GOCC's may be further categorized by the
Department of Budget, Civil Service Commission and the
Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and
responsibilities with respect to such corporations.
Q: When is a Government-Owned or Controlled Corporation
deemed to be performing proprietary function? When is it
deemed to be performing governmental function?
A: Government-owned or controlled corporations may
perform governmental or proprietary functions or both,
depending on the purpose for which they have been created.
If the purpose is to ​obtain special corporate benefits or earn
pecuniary profit​, the function is ​proprietary​. If it is in the
interest of health, safety and for the advancement of public
good and welfare​, affecting the public in general, the
function is ​governmental​. Powers classified as
“​proprietary​” are those ​intended for private advantage
and benefit​. (Blaquera v. Alcala, 295 SCRA 366, 425, Sept. 11,
1998, En Banc [Purisima])
*These instrumentalities are NOT integrated to the
department framework.
*They do not fall within the control power of the president
over the departments.
*Under Article VII, Section 17, Instrumentalities are not
included.
Q: What are administrative agencies?
A: Administrative agencies are ​government bodies
charged with ​administering and ​implementing
particular legislations​. (Republic vs. CA, 200 SCRA 226,
1991)
Q: How are administrative agencies created?
A:
1) By the ​Constitution​,
2) By ​law,​ and
3) By ​authority of law​.
2
Q: What are the classifications of Administrative Agencies?
A: The most common types of administrative bodies tasked
with the duties and powers of performing ​administrative,
regulatory, investigative, quasi-legislative and
quasi-judicial functions​, or one or any combination thereof,
may be classified as follows:
1) Agencies created to function in situations wherein the
government is ​offering some gratuity, grant, or special
privileges​, like GSIS, SSS;
2) Agencies set up to function in situations wherein the
government is ​seeking to carry on certain
governmental functions​, like the BIR, CSC, Central Bank;
3) Agencies set up to function in situations wherein the
government is ​performing some business service for
the public, like the Bureau of Posts, the Postal Savings
Bank, Metropolitan Waterworks and Sewerage Authority;
4) Agencies set up to function in situations wherein the
government is seeking to ​regulate ​business affected
with public interest​, like Fiber Inspection Board, the
Philippines Patent Office, Office of the Insurance
Commissioner;
5) Agencies set up to function in situations wherein the
government is seeking ​under the police power to
regulate private business and individuals​, like the
SEC, PRC, BFI;
6) Agencies set up to function in situations wherein the
government is seeking to ​adjust individual
controversies because of some strong social policy
involved​, such as NLRC, the Court of Agrarian Relations,
Women and Minors Bureau;
7) Agencies set up to function in situations wherein the
government is ​seeking to conduct investigations and
gather evidence for information, recommendation
or prosecution of crimes​, such as CHR, NBI and he
Prosecutor’s Office. (Political Law Reviewer, Albano, 2008)
Q. What are the administrative relationships involved?
A. (1) Regulatory Agencies - mere administrative
supervision, to oversee with no interference with the
day-to-day operation. Ex: the relationship between NLRC
and Secretary of Labor (Vertical relationship)
(2) ​Chartered Institution/GOCC - attachment, lateral
relationship involving planning and program coordination.
3 Important Administrative Relationships (Section
38, Chapter 7, Book IV)
1) Supervision and Control
“Supervision and Control shall include ​authority to act
directly whenever a specific function is entrusted by law or
regulation to a subordinate​; direct the performance of duty,
restrain the commission of acts; review, approve, reverse or
modify acts and decision of subordinate officials or units;
determine priorities in the execution of plans and
programs; and prescribe standards, guidelines, plans and
programs​. ​Unless a different meaning is explicitly provided
in the specific law governing the relationship of particular
agencies, the word “control” shall encompass supervision
and control as defined in this paragraph.
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2) Administrative Supervision
“Administrative Supervision which shall ​govern the
administrative relationship between a department
or its equivalent and regulatory agencies or other
agencies as may be provided by law​, shall be limited to
the authority of the department or its equivalent to
generally oversee the operations of such agencies
and to ​insure that they are managed effectively,
efficiently and economically but w​ithout interference
with day to day activities​; or require the submission of
reports and cause the conduct of management audit,
performance evaluation and inspection to determine
compliance with policies, standards and guidelines of the
department, to take such actions as may be necessary for the
proper performance of official functions, including
rectification of violations, abuses and other forms of
mal-administration, and to review and pass upon budget
proposals such agencies but may not increase or add to
them.”
3) Attachment
“This refers to the ​lateral relationship between the
department or its equivalent and the attached
agency or corporation for purposes of policy and
program coordination. The coordination may be
accomplished by having the department represented in the
governing board of the attached agency or corporation either
as chairman or as a member, with or without voting rights.
If this is permitted by the charter, having the attached
corporation or agency comply with a system of periodic
reporting which shall ​reflect the progress of programs and
projects and having the department or its equivalent
provide general policies through its representative in the
board, which shall serve as the framework for the internal
policies of the attached corporation or agency.”
Q. Generally, how will you describe the functions of an
administrative agency?
A. The functions of an administrative agency are to enforce,
implement, administer and execute laws.
1. Enabling
2. Directing
3. Dispensing
4. Examining
Q: What are the powers of administrative agencies?
A:
1) Quasi-legislative​ or Rule-making power
2) Quasi-judicial​ or Adjudicatory power
3) Determinative powers
Q: What is the quasi-legislative power of administrative
agencies?
A: It is the power to ​promulgate rules and regulations
to implement a particular law​. It is an ​auxiliary or
subordinate legislative power or it can be considered as
legislation in the administrative lever where ​Congress
delegated such power subject to certain restrictions​.
(Political Law Reviewer, Albano, 2008)
3
Doctrine of Delegation of Powers
General Rule: A power that has already been delegated may
no longer be delegated.
Exceptions: Instances of Permissible Delegation of Powers:
1) Delegation to the ​people through plebiscite and
referendum
2) Delegation of ​emergency powers​ to the President
3) Delegation to the President of ​tariff powers
4) Delegation to ​administrative bodies
5) Delegation to the ​local government
The delegation to administrative bodies simply deals with
Quasi-Legislative powers.
Ex: Under Section 244, NIRC, “The Secretary of Finance,
upon recommendation of the Commissioner shall
promulgate all needful rules and regulations for the effective
enforcement of the provisions of this code.”
This is a delegation to the Secretary of Finance. Without this
delegated authority, the Secretary of Finance may not
exercise the power.
The ​delegation must be valid​. Even if the power has been
delegated, if the delegation is invalid, the exercise of the
power becomes an abdication of powers. Hence, it is not just
a matter of delegating the power. The delegation must be
valid.
Test of a Valid Delegation
1) Completeness Test​: The law delegating the power
must be ​complete in all its terms and
conditions when it leaves the Congress, so when it
reaches the delegates, it will have nothing to do but
to enforce it.
2) Sufficient Standard Test: The law must offer a
sufficient standard, which are ​determinate, or at
least determinable to ​specify the limits of the
delegate’s authority​, ​announce the legislative
policy and specify the conditions under which
is to be implemented.
Q: What are the kinds of administrative rules and
regulations?
A: 1) ​Legislative/ Supplementary - supplements the
statute by filling in the details.
Legislative regulations ​have the force and effect of law
immediately upon going into effect​. The rules and
regulations that administrative agencies promulgate, which
are the product of a delegated legislative power to create new
and additional legal provisions that have the effect of law,
should be within the scope of the statutory authority
granted by the legislature to the administrative
agency​. (Smart Communication vs. NTC)
2) ​Interpretative (Judicial) - says what the statute
means; ​merely advisory​, for it is the courts that finally
determine what the law means. ​Construing or
interpreting the provisions of a statute to be
enforced​.
Intended to clarify or explain existing statutory regulations
under which the administrative body operates.
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3) ​Contingent legislation
Made in the existence of certain facts or things upon which
the enforcement of the law depends.
Q: What is their distinction?
A: If the regulation is merely interpretative, it will not require
publication.
Q: What are the Requisites of a Valid Administrative
Regulation?
A.
1) Its promulgation must be ​authorized by the
legislature
- There is a valid delegation of power.
2) It must be ​within the scope of authority given
by the legislature
- In the exercise of the delegated authority
to promulgate administrative regulations,
the administrative agency cannot amend
the main law it seeks to implement.
Otherwise, the delegate will act in excess of
authority.
3) It must be promulgated ​in accordance with the
prescribed procedure - Publication in the
Official Gazette or in a newspaper of general
circulation
- among the prescribed procedure is the
requirement of:
a. Publication - the clear objective of Article
2 of the NCC is to ​give the general
public adequate notice of the various
laws​, which are to regulate their actions
and conduct as citizens. Without such
notice and publication, there would be no
basis for the application of the maxim
ignorantia legis non excusat. It would be
the height of injustice to punish or
otherwise burden a citizen for the
transgression of a law which he had no
notice whatsoever, not even a constructive
one.
General Rule: Publication is required
not only to laws passed by Congress, but
includes administrative regulations, which
are issued in the exercise of
quasi-legislative power of the
administrative agencies.
Exceptions​:
(1) interpretative regulation
(2) internal regulation
b. Furnish a copy of the administrative
regulation to the UP Law Center
- “Every agency shall file with the UP Law
Center three (3) certified copies of every
rule adopted by it”
- there is nothing in the Administrative
Code of 1987 which implies that the filing
of the rules with the UP Law Center is the
4
 operative act that gives the rules force and
effect.
- Q: Explain the doctrine of due process in administrative
4) It must be ​reasonable
- it must not be unreasonable, whimsical,
oppressive, confiscatory
- must pass the test of reasonableness
TOLEDO v. COMELEC
Attorney Augusto Toledo, at the time of his appointment was
already 57 years old. Upon discovery, COMELEC nullified his
appointment on the ground that a provision in the Civil
Service Rules on Personal Actions and Policies provides that
“no person shall be appointed or reinstated in the service if
he is already 57 years old, unless the President of the
Philippines, President of the Senate, Speaker of the House of
Representatives or the Chief Justice of the Supreme Court, as
the case may be, determines that he possesses special
qualifications and his services are needed.
SC: The provision on 57 year old person in the Revised Civil
Service Rules under R.A. 2260 cannot be accounted validity.
It is entirely a creation of Civil Service Commission, having
no basis in the law itself that it was meant to implement. The
power vested in the Civil Service Commission was to
implement the law or put it into effect, not to add to it, to
carry the law into effect or execution; not to supply perceived
omissions in it. By its administrative regulations, of course,
the law itself cannot be extended; said regulations cannot
amend an act of Congress. The Civil Service Commission is
not the Congress. It may not add anything to the Civil Service
Law.
Q: What is the quasi-judicial power of administrative
agencies?
A: It is the ​power to hear ​and determine or ascertain
facts and decide by the application of rules of law to
the facts and the enforcement and administration of law.
(Political Law Reviewer, Albano, 2008)
Q: What are the requisites of administrative adjudication?
1) ​Jurisdiction​;
2) ​Notice​; and
3) ​Hearing​.
Note​: Not all administrative agencies perform all kind of
functions.
NLRC​ - exercises in general quasi-judicial function
DOLE​ - the agency that administers labor law
SEC - has an executive function and quasi-legislative; no
more quasi-judicial
LTFRB​ - has quasi-judicial function
CSC - has an executive, quasi-legislative and quasi-judicial
power
COMELEC - to administer all laws relative to plebiscite,
referendum, recall
Administrative Law Reviewer 
Raine Verdan 2018
Administrative Due Process
proceedings.
A: ​Due process​, as a constitutional precept, does not always
and in all situations require a trial-type proceeding. Due
process is satisfied when a person is ​notified of the charge
against him and ​given an opportunity to explain or
defend himself​. In administrative proceedings, the filing of
charges and giving reasonable opportunity for the person so
charged to answer the accusations against him constitute the
minimum requirements of due process. The essence of due
process is simply to be heard, or as applied to administrative
proceedings, an opportunity to explain one’s side, or an
opportunity to seek a reconsideration of the action or ruling
complained of. (Ledesma vs. CA, G.R. No. 166780, December
27, 2007)
The ​observance of fairness in the conduct of any
investigation is at the very heart of procedural due process.
The essence of due process is to be heard, and, as applied to
administrative proceedings, this means a fair and reasonable
opportunity to explain one’s side, or an opportunity to seek a
reconsideration of the action or ruling complained of.
Administrative due process ​cannot be fully equated with due
process in its strict judicial sense​, for in the former a formal
or trial-type hearing is not always necessary, and technical
rules of procedure are not strictly applied.(Vivo vs. PAGCOR,
G.R. No. 187854, November 12, 2013)
Q: What are the requisites of administrative due process?
A: The ​requisites of administrative due process​ are:
1) Right to a​ hearing​;
2) Tribunal must consider evidence​ presented;
3) Decision must have something to support
itself;
4) Evidence must be substantial​;
5) Decision must be ​based on the evidence adduced
at the hearing​, or ​at least contained in the record
and disclosed to the parties​;
6) The Board or its ​judges must act on its or their
independent consideration of the facts and the
law of the case, and not simply accept the views of a
subordinate in arriving at a decision.
7) Decision must be rendered in such a manner that
the ​parties to the controversy can know the
various issues involved and the reasons for
the decision rendered​. (Ang Tibay v. CIR)
Q: What is procedural due process?
A: In administrative proceedings, simply means the
opportunity to explain one’s side or the opportunity
to seek a reconsideration of the action or ruling
complained of​.
Q: What are the administrative determinations where notice
and hearing are not necessary for due process?
A:
1) Grant of provisional authority for increased rates, or
to engage in a particular line of business
5
 2) Summary proceedings of distraint and levy upon
the property of a delinquent taxpayer.
3) Cancellation of a passport where no abuse of
discretion is committed by Secretary of Foreign
Affairs.
4) Summary abatement of a nuisance per se which
affects the immediate safety of persons or property
5) Preventive suspension of a public officer or
employee pending investigation of administrative
charges filed against him.
Administrative Appeal and Review
Q: What is administrative review?
A: Review is a ​reconsideration or re-examination of a
decision or ruling of a subordinate officer by a superior
officer or higher administrative agency​. The power of
review is exercised ​to determine whether it is
necessary to correct the acts of a subordinate and ​to
see to it that he performs his duties in accordance
with law​. (Casino vs. CA, 204 SCRA 449)
Review by a ​superior officer ​or ​department head ​may
be undertaken motu proprio if the decision has not yet
become final, in exercise of his control power over the acts of
a subordinate. He ​may also undertake the review when the
aggrieved party appeals the decision to him​, pursuant to the
agency’s rules of procedure. (Administrative Law, Law on
Public Officers and Election Laws, Agpalo, 2005)
Administrative Res Judicata
Q: What is the doctrine of res judicata?
A: Under the ​doctrine of res judicata​, a matter that ​has
been adjudicated by a court of competent
jurisdiction ​must be ​deemed to have been finally and
conclusively settled if it arises in any subsequent litigation
between the ​same parties and for the ​same cause​. It
provides that a final judgment on the merits rendered by a
court of competent jurisdiction is conclusive as to the rights
of the parties and their privies; and constitutes an absolute
bar to subsequent actions involving the same claim,
demand, or cause of action​.
Res judicata is based on the ground that the ​party to be
affected​, or some other with whom he is in privity, ​has
litigated the same matter in the former action in a
court of competent jurisdiction​, and ​should not be
permitted to litigate it again​. This principle frees the
parties from undergoing all over again the rigors of
unnecessary suits and repetitious trials. At the same time, it
prevents the clogging of court dockets. Equally important,
res judicata stabilizes rights and promotes the rule of law.”
(Judge Basilla vs. Becamon, A.M. No. MTJ-02-1404.
December 14, 2004)
Res judicata in administrative decisions: Two Concepts:
1) ​Bar by prior judgment - When between the first case
where the judgment was rendered, and the second case
Administrative Law Reviewer 
Raine Verdan 2018
where such judgment is invoked, there is ​identity of parties​,
subject matter and ​cause of action​. When the three identities
are present, the ​judgment on the merits rendered in
the first constitutes an absolute bar to the
subsequent action​.
2) ​Conclusiveness of judgment - Where between the first
case wherein Judgment is rendered and the second case
wherein such judgment is invoked, there is only identity of
parties but there is no identity of cause of action, the
judgment is conclusive in the second case, only as to those
matters actually and directly controverted and determined,
and not as to matters merely involved therein. Under this
rule, ​if the record of the former trial shows that the
judgment could not have been rendered without deciding
the particular matter​, it will be ​considered as having
settled that matter as to all future actions between
the parties​, and if a judgment necessarily presupposes
certain premises, they are as conclusive as the judgment
itself. (Ocho vs. Calos, G.R. No. 137908. November 22, 2000)
Q: What are the requisites for res judicata to apply?
A: For res judicata to apply, the following requisites must be
present:
1) the former judgment or order must be ​final​;
2) it must be a judgment or order on the merits, that
is, it was rendered ​after a consideration of the
evidence or stipulations submitted by the
parties at the trial of the case
3) it must have been ​rendered by a court having
jurisdiction over the subject matter and the
parties; and
4) there must be, ​between the first and second actions​,
identity of parties​, of ​subject matter​, and of
cause of action​; this requisite is satisfied if the
two actions are substantially between the same
parties. (Abelita vs. Doria, G.R. No. 170672, August
14, 2009)
Fact-Finding, Investigative, Licensing And
Rate-Fixing Powers
Q: What is the investigative power of administrative
agencies?
A: The investigatory powers of some agencies are ​limited to
only information gathering as basis ​to recommend
appropriate action by other government agencies or
to focus public opinion on matters of vital concern​,
like the Human Rights Commission; other agencies are
granted investigatory powers for prosecution purposes, such
as the offices of public prosecutor and the Ombudsman; still
others exercise them, like the Securities and Exchange
Commission, in the regulation or private corporations. The
enabling act defines the extent of such investigatory powers.
(Administrative Law, Law on Public Officers and Election
Laws, Agpalo, 2005)
6
Doctrines
1) Doctrine of Qualified Political Agency
The members of the cabinets are deemed alter egos of the
President so that their ​decision and acts performed in
the regular course of business are deemed acts or
decisions of the President ​unless reprobate by the
President.
2) Exhaustion of Administrative Remedy
Whenever there is an available administrative remedy
provided by law, ​no judicial recourse can be made
until all such remedies have been availed of and
exhausted.
Q: What is the doctrine of exhaustion of administrative
remedies?
A: When a plain, adequate and speedy remedy is afforded by
and within the executive department of the government the
courts will not interfere until at least that remedy
has been exhausted. The administrative remedies
afforded by law must first be exhausted before resort can be
had to the courts, especially when the administrative
remedies are by law exclusive and final. Some matters and
some questions are by law delegated entirely and absolutely
to the discretion of particular branches of the executive
department of the government. When the law confers
exclusive and final jurisdiction upon the executive
department of the government to dispose of particular
questions, their judgments or the judgments of that
particular department are no more reviewable by the courts
than the final judgment or decisions of the courts are subject
to be reviewed and modified by them. (Lamb vs. Phipp, G.R.
No. L-7806, July 12, 1912)
The thrust of the rule on exhaustion of administrative
remedies is that ​the courts must allow the
administrative agencies to carry out their functions
and discharge their responsibilities within the
specialized areas of their respective competence. It is
presumed that an administrative agency, if afforded an
opportunity to pass upon a matter, will decide the same
correctly, or correct any previous error committed in its
forum. Furthermore, reasons of law, comity and convenience
prevent the courts from entertaining cases proper for
determination by administrative agencies. Hence,
premature resort to the courts necessarily becomes
fatal to the cause of action of the petitioner. (Gonzales
vs. CA, G.R. No. 106028, May 9, 2001)
Q: What are the exceptions to the doctrine of exhaustion of
administrative remedies?
A: The doctrine of exhaustion of administrative remedies and
the corollary doctrine of primary jurisdiction, which are
based on sound public policy and practical considerations,
are not inflexible rules. There are many accepted exceptions,
such as::
a. when there is a ​violation of due process​;
b. when the issue involved is a ​purely legal
question​;
Administrative Law Reviewer 
Raine Verdan 2018
c. when the administrative action is ​patently illegal
amounting to lack or excess of jurisdiction​;
d. when there is ​estoppel on the part of the
administrative agency concerned;
e. when there is ​irreparable injury​;
f. when the respondent is a Department Secretary
whose ​acts as an alter ego of the President bears
the implied and assumed approval of the latter;
g. when to require exhaustion of administrative
remedies would be ​unreasonable​;
h. when it would amount to a ​nullification of a
claim​;
i. when the ​subject matter is a private land in
land case proceedings;
j. when the rule ​does not provide a plain, speedy,
adequate remedy​;
k. when there are circumstances indicating the
urgency of judicial intervention​;
l. when ​no administrative review is provided by
law​;
m. where the ​rule of qualified political agency
applies​; and
n. when the ​issue of non-exhaustion of
administrative remedies has been rendered
moot. (Laguna CATV Network, Inc. vs. Maraan,
G.R. No. 139492, November 19, 2002)
3) Doctrine of Primary Jurisdiction or Prior
Resort
The courts cannot and will not resolve a controversy
involving a question, which is ​within the jurisdiction of
an administrative tribunal.
Q: What is the doctrine of primary jurisdiction?
A: The doctrine of primary jurisdiction holds that if a case is
such that ​its determination requires the expertise,
specialized training and knowledge of an
administrative body, relief must first be obtained in
an administrative proceeding before resort to the courts
is had even if the matter may well be within their proper
jurisdiction. It applies where a claim is originally cognizable
in the courts and comes into play whenever enforcement of
the claim requires the resolution of issues which, under a
regulatory scheme, have been placed within the special
competence of an administrative agency. In such a case, the
court in which the claim is sought to be enforced ​may
suspend the judicial process pending referral of such issues
to the administrative body for its view or, if the parties
would not be unfairly disadvantaged​, dismiss the case
without prejudice. (Euro-Med Laboratories, Phil., Inc. vs.
The Province of Batangas, G.R. No. 148106, July 17, 2006)
Primary jurisdiction involves matters that demand the
special competence of administrative agencies. It may occur
that the Court has jurisdiction to take cognizance of a
particular case, which means that the matter involved is also
judicial in character. However, if the case is such that its
determination requires the expertise, specialized skills and
knowledge of the proper administrative bodies because
technical matters or intricate questions of facts are involved,
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then relief must first be obtained in an administrative Bases for Judicial Review:
proceeding before a remedy will be supplied by the courts 1) Constitution
even though the matter is within the proper jurisdiction of a 2) Statutes
court. (Industrial Enterprises, Inc. vs. CA, G.R. No. 88550, 3) General principles of law.
April 18, 1990)
Methods of obtaining Judicial Review: Classes:
4) Doctrine of Finality of Administrative Action 1) Statutory or Non-statutory:
The doctrine of finality of judgment is grounded on the a. Statutory - available ​pursuant to specific
fundamental principle of public policy and sound practice statutory provisions​.
that, at the risk of occasional error, ​the judgment of b. Non-statutory - where there is ​no
courts and the award of quasi-judicial agencies must express statute granting review relief is
become final on some definite date fixed by law​. The obtained
only ​exceptions to the general rule are the correction of i. by means of the ​common law
clerical errors, the so-called nunc pro tunc entries which remedies​, or
cause no prejudice to any party, void judgments​, and ii. by the ​prerogative writs of
whenever ​circumstances transpire after the finality of the certiorari, mandamus,
decision which render its execution unjust and inequitable​. habeas corpus, quo warranto
None of the exceptions is present to warrant a review. or prohibition​.
2. Direct or collateral
In Peña v. Government Service Insurance System, we held a. Direct - attempt to question in
that: subsequent proceedings the administrative
x x x it is axiomatic that final and executory judgments can action for ​lack of jurisdiction, grave abuse
no longer be attacked by any of the parties or be modified, of discretion,​ etc.
directly or indirectly, even by the highest court of the land. b. Collateral - relief from administrative
Just as the losing party has the right to file an appeal within action sought in a proceeding the primary
the prescribed period, so also the winning party has the purpose of which is ​some relief other than
correlative right to enjoy the finality of the resolution of the the setting aside of the judgment, although
case. an attack on the judgment may be
The rule on finality of decisions, orders or resolutions of a incidentally involved​.
judicial, quasi-judicial or administrative body is "not a
question of technicality but of substance and merit,"the Questions which may be subject of judicial review:
underlying consideration therefore, being the protection of 1. Questions of Law - doubts or differences ​arise
the substantive rights of the winning party. Nothing is more as to what the law is on a certain state of
settled in law than that ​a decision that has acquired finality facts​.
becomes immutable and unalterable and ​may no 2. Questions of Fact - Factual findings of
longer be modified in any respect even if the modification administrative agencies are ​generally conclusive
is meant to correct erroneous conclusions of fact or law and upon the courts if supported by substantial
whether it will be made by the court that rendered it or by evidence​; thus Courts are precluded from
the highest court of the land. (Angeles vs. Gaite, G.R. No. reviewing questions of fact, ​except​:
176596, March 23, 2011) a. When ​expressly allowed by statute
b. Fraud, imposition or mistake other
Beja Jr. v. Court of Appeals than error of judgment in evaluating the
An attached agency enjoys more autonomy than an agency evidence
placed under administrative supervision. It is free from c. Error in appreciation of the
departmentalized control. Likewise, an agency under pleadings and in the interpretation
administrative supervision has more autonomy than an of the documentary evidence
agency placed under supervision and control. presented by the parties.
3. Mixed Questions of Law and Fact
Judicial Review of Administrative Decisions
Except when the Constitution requires or allows it, ​judicial
review may be granted or withheld as Congress
chooses​.
Judicial review of administrative decisions cannot be denied
the courts when there is an allegation of grave abuse of
discretion.

Administrative Law Reviewer 

Raine Verdan 2018
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