Professional Documents
Culture Documents
Object and Scope of Administrative Law regulation of private right for public welfare Origin and Development 1. Origin: legislation; Rationale: expediency 2. Doctrine of separation of powers: All rules and conduct are supposed to be laid down by the legislature, subject to the direct enforcement of the executive department, and the application or interpretation by the judiciary; Remedy: delegation of powers Sources 1. Constitutional or statutory enactments creating administrative bodies a. Article IX, Constitution b. Social Security Act- established the Social Security Commission c. Administrative Code of 1987 2. Decisions of courts interpreting the characters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations a. Artuc v. Commission on Elections b. Maceda v. ERB 3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created a. Omnibus Rules Implementing the Labor Code b. Circulars of the Central Monetary Authority on interest rates c. Regulations of the Commission on Immigration and Deportation d. Rules promulgated by the SEC; Bureau of Patents, Trademarks and Technology Transfer 4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields Page | 1
Agency- any 1) department, 2) bureau, 3) office, 4) commission, 5) authority or officer of the National Government (d-b-ca) authorized by law or executive order to 1) make rules, 2) issue licenses, 3) grant rights or privileges and 4) adjust cases (miga); research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary power as provided by law. 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. Department- refers to an executive department created by law. Bureau- refers to any principal subdivision of any department. Office- refers, within the framework of government organization, to any major functional unit of a department or bureau, including regional offices. - refers to any position held or occupied by individual persons, whose functions are defined by law or regulation. Instrumentality- Malaga v. Penachos, Jr.,: 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, and enjoying operational autonomy, usually through a charter. - includes regulatory agencies. Chartered institutions and governmentowned or controlled corporations o Beja, Sr. v. CA: 3 administrative relationships (Book IV, Chapter 7 of the Administrative Code) 1. supervision 2. control 3. attachment of an agency to a department - refers to the lateral relationship between the department or its equivalent and attached agency or corporation for purposes of policy and program coordination. Purpose: 1. policy 2. program coordination coordination- may be accomplished by the following: 1. having the department represented in the governing board of the attached agency or corporation how? Either as chairman or as a member, with or without voting rights, if this is permitted by the charter 2. having the attached corporation or agency comply with a system of periodic reporting- shall reflect the progress of programs and projects 3. having the department or its equivalent provide general policies through its representative in the board- shall serve as the framework for the internal policies of the attached corporation or agency Page | 3
Page | 5
administrative officers or bodies- required to investigate facts or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them as basis for their official action and exercise of discretion in a judicial nature
o Eastern Telecommunications Phils., Inc. v. International Comm. Corp.: quasilegislative power- issuance of provisional permits or authority on the basis of its determination on the applicants compliance with the requirements it has promulgated; quasi-judicial power- if an issue arises from said determination, a resolution of said contest would partake such nature o Sta. Rosa Realty Devt Corp. v. Amante: TWO-FOLD JURISDICTION OF DAR- 1) executive- pertains to the enforcement and administration of the laws, carrying them into practical operation and enforcing their due observance, 2) judicial- involves the determination of rights and obligations of the parties o Laguna Lake Devt Authority v. CA: the legislature cannot by its mere declaration make a private business or something a public utility which is not in fact as such Legislative Power Quasi-legislative Power 1. the discretion to determine what the law the discretion to determine how the law shall shall be be enforced 2. it cannot be delegated no valid objection can be made as to delegation 3. government by legislation Government by bureaucracy o Tio v. VRB: delegation can be made if it is merely a conferment of authority or discretion as to its execution, enforcement and implementation o PAL Inc., v. Civil Aeronautics Board: a franchise may be derived indirectly from the State through a duly designated agency even to agencies other than those legislative nature Note: the privileges conferred by grant of local authorities as agents for the State constitute as much as legislative franchise as though the grant had been made by an act of the Legislature o Associated Comm., & Wireless Services-United Broadcasting Networks v. NTC: Certificate of Public Convenience Franchise form of regulation through the administrative grant of privilege from the sovereign power agencies Source: legislature Page | 7
3) the legislature is not reqd to provide a detailed standards for action - Tests of Delegation 1. completeness test The law must: a. be complete in all its terms and conditions o U.S v. Ang Tang Ho: the law does not specifically define what such temporary and emergency measures shall remain in force and effect, or when they shall take effect. b. offer a sufficient standard to 1) specify the limits of the delegates authority, 2) announce the legislative policy, and 3) specify the conditions under which it is to be implemented o Calalang v. Williams: Accepted sufficient standards- 1) public interest, 2) simplicity, 3) economy and efficiency and 4) public welfare o Ynot v. IAC: may see fit- consists of a roving commission, thus invalid delegation of legislative power 2. sufficient standard test- standard must be fixed, the limits of which are sufficiently determinate or determinable---to which the delegate must conform in the performance of his functions Sufficient standarda. one which defines legislative policy; b. mark its limits c. maps out its boundaries d. specifies the public agency to apply it e. indicates the circumstances under which the legislative command is to be effected
quasi-judicial power or adjudicatory function - the power of adjudication, enables the administrative body to resolve, in a manner essentially judicial, factual and sometimes even legal questions incidental to its primary power of enforcement of the law - jurisdiction of the administrative body in applying a rule for the past - private in nature - the power of the administrative authorities to make determination of facts in the performance of their official duties and to apply the law as they construe it to the facts so found - incidental to their main function, w/ch is the enforcement of law o Abakada Guro Party List v. Ermita Judicial Power Quasi-judicial Power 1) question of law first, then question of fact question of fact, then question of law 2) the executive acts last, after the judgment is the executive acts first, with the courts acting made and all the legal questions are settled later, whenever warranted, to review its legal findings Page | 8
II.
Note: administrative officers can interpret and apply the law to the facts ascertained by them but such determination is subject to review by courts eg. NLRC- its decisions are reviewable on certiorari by the CA, and eventually by the SC to the power of regulation vested in the expressly conferred by the legislature through charter of agency the administrative officers to perform their
Source: 1) incidental administrative body, 2) specific provisions in the Rationale: to enable executive duties quasi-judicial- merely a convenient way of approving the exercise of judicial power by an administrative officer Determinative powers: 1. enabling powers- those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without the government approval eg. a) issuance of licenses to engage in a particular business b) power of the SEC to
or operation approve the articles of incorporation and by-laws of a corporation c) MTRCB to allow the public exhibition of a movie d) fire or municipal authorities to permit the occupancy of a newlyconstructed building 2. directing powers- order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes eg. a) DENR- may require factories to use certain chemicals to protect the environment b) DOT- may call on common carriers to install specific safety devices to prevent accidents or special seats for the handicapped or disabled c) NLRC- may compel an employer to reinstate an illegally dismissed employee and pay him damages Kinds: (1) dispensing- allows the administrative order to relax the general operation of a law or exempt from the performance of a general duty eg. a) a student excused from P.E for health reasons b) when residential buildings are permitted by the zoning board to remain in an area designated as commercial or industrial c) when persons of draft age are relieved of a combat duty because of their civil status or occupation Page | 9
Effect of the rule-making power of the administrative body: - the active power of the State from its source to the point of application Meaning: to apply the law and so fulfill the mandate of the legislation Kinds of Administrative Regulations Legislative 1) designed to provide guidelines to the law which the administrative agency is in charge of enforcing 2) accorded by the courts or by express provision of statute the force and effect of law immediately going into effect 3) how: i. supplementing the statute ii. filling in the details iii. making the law iv. usually acting in pursuant to a specific delegation of legislative power 4) issued by the administrative body pursuant to a valid delegation of administrative body pursuant to a valid delegation of legislative power 5) intended to have the binding force and effect of a law enacted by the legislature itself Classifications of Legislative Regulation Supplementary Contingent 1) intended to fill in the details of the law and it is issued upon the happening of a certain to make explicit what is only general contingency which the administrative body is given the discretion: to determine or to ascertain, under and pursuant to law, some circumstances on which the law, by its own terms, makes its own action depend; or to find facts or conditions properly prescribed under which a law as passed will or will not operate Effect: applying/suspending a law 2) purpose- to enlarge upon a statute, subject only to the standards fixed therein, to ensure its effective enforcement in accordance with the legislative will Page | 11 Interpretative matter of subordinate legislation, designed to implement a primary legislation by providing the details thereof those which purports to do no more than interpret the statute being administered, to say what it means constitute administrators construction of a statute Note: it is the statute and not the regulation which the individual must conform issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify its provisions for proper observance by the people merely persuasive and is received by the courts with much respect but finality
Requisites of Valid Administrative Regulation (P-SAR): (1) Its promulgation must be authorized by the legislature. Authority to promulgate the regulation- usually conferred by the following: a) the charter itself of the administrative body; or b) the law it is supposed to enforce GENERAL RULE: a regulation is binding on the courts EXCEPTION: if it is in contravention with the standards that the law prescribes o Araneta v. Gatmaitan: By virtue of his constitutional power of control, the President can exercise the rule-making power conferred by the above provisions upon his subordinates in the executive department Administrative rules and regulations are intended to carry out, not supplant or modify the law.
(2) It must be within the scope of the authority given by the legislature. Boie-Takeda Chemicals, Inc. v. dela Serna: the regulation promulgated must not be ultra vires or beyond the limits of the authority conferred; an administrative agency cannot amend an act of Congress o CIR v. Vda. de Prieto: a regulation that operates to create a rule out of harmony with the statute is a mere nullity. o Pilipinas Kao, Inc. v. CA: no engraftment of additional requirements not contemplated by the legislature In case of conflict, the law MUST prevail. o Republic v. CA: a statute is superior to an administrative directive and the statute cannot be repealed nor amended by the latter. o P v. Maceren: nowhere in the law was electro-fishing was prohibited; hence, the Sec. of Agriculture and the Commissioner of Fisheries were powerless to penalize it. All that is required is that the regulation should be germane to the objects and purposes of the law and that it should conform to the standards that the law prescribes. Rules that subvert the statute cannot be sanctioned. o Metropolitan Traffic Command West Traffic District v. Gonong LOI 43 PD 1605 1) deals with the motor vehicles that have deals with the motor vehicles that have been stalled on a public road deliberately parked in a no-parking area 2) accidental intentional 3) purpose- to discourage the use of public to penalize the driver for his defiance of the streets by motor vehicles that are likely to traffic laws break down Note: it does not include the removal of license plates, or even the confiscation of the license of the offending driver as a penalty for illegal parking o Page | 12
(3) It must be promulgated in accordance with the prescribed procedure. GENERAL RULE: The promulgation of administrative regulations of general application does not require previous notice and hearing; eg, those promulgated to govern future conduct (Abella, Jr. v. CSC) EXCEPTIONS: i. where the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation; ii. administrative adjudication- where the regulation is in effect a settlement of a controversy bet. specific parties iii. regulations fixing rates or toll charges; Except- provisional rates (Republic v. Medina)
Page | 13
(4) It must be reasonable. o Taxicab Operators of Metro Manila v. Board of Transportation: The BOT need not first summon taxicab operators to a conference on public hearing before issuing circulars phasing-out more than 6-year old taxicabs. Dispensing with a public hearing prior to the issuance of the Circulars is neither violative of procedural due process. Fixing by BOT of the lifetime ceiling of 6 years to taxicab is not unreasonable or arbitrary. Fixing lifetime of taxicab to 6 years in Metro Manila due to heavier traffic, safety and comfort of riding public is based on reasonable standards. Non-applicability of phase-out rule on taxis to other vehicles is not violative of equal protection clause. Penal Regulations Gen. Rule: violation of administrative regulations cannot give rise to criminal prosecution; Exception: if the legislature makes such violation punishable and imposes the corresponding sanctions 1) P v. Santos: Act No. 4003 does not contain prohibition punishing fishing w/in 3km from the shoreline w/o written permission from the Sec. of Agriculture; hence it cannot be incorporated with the promulgated rules and regulations.
Special Requisites of a Valid Administrative Regulation with a Penal Sanction (MIP): Page | 15
Amendment or Repel
Chapter 5 THE QUASI-JUDICIAL POWER o o o o Gudminidson v. Cardollo: it is the power of the administrative agency to determine questions of facts to which the legislative policy is to apply, in accordance with the standards laid down by the law itself. PCGG v. Pena: quasi-judicial- term applied to the action, discretion of officers who are required to investigate facts, or ascertain the existence of facts and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature. E.O No. 2192, Sec. 2(9): it is an agency process for the formulation of a final order Land Bank of the Phils., v. Natividad: DAR- vested with the primary jurisdiction to determine in a preliminary manner the just compensation for the lands taken under the agrarian reform; RTC- has the original and exclusive jurisdiction over all petitions for the determination of just compensation Sanado v. CA: quasi-judicial or adjudicatory- if it is dependent upon ascertainment of facts by the administrative agency, upon which a decision is to be made and rights and liabilities determined. DARAB v. Lubrica: the grant of original jurisdiction on a quasi-judicial agency is not implied; DARAB- its limited jurisdiction does not include authority over petitions for Page | 16
o o
Administrative Appeals and Review Gen. Rule: administrative decision cannot be enforced; Exception: unless otherwise provided by law or executive order Enforcement of Decision how?- appeal to the force of public opinion o CAB v. PAL: it is an administrative penalty which administrative officers are empowered to impose without criminal prosecutions. o San Luis v. CA: writ of mandamus- lies to enforce a ministerial duty or the performance of an act which the law specifically enjoins as a duty resulting from office, trust or station. Res Judicata o Brillantes v. Catro: the decisions and orders of administrative agencies rendered pursuant to their quasi-judicial authority, have, upon their finality, the force and binding effect of a final judgment within the purview of the doctrine res judicata; Exceptions- 1) Republic v. CA: when it is repugnant to law, morals, good customs, public order or public policy, 2) Nasipit Lumber Company, Inc. v. NLRC: labor relations proceedings, 3) exercise of administrative powers, 4) judgments based on prohibited or null and void contracts. An administrative officer may revoke, repeal or abrogate the acts or previous rulings of his predecessor in office if he becomes satisfied that a different construction should be given. o Delfin v. Inciong: bringing of the same action in the name of the individual members of the union will not take out the case from the ambit of principle of res judicata. Chapter 6 JUDICIAL REVIEW administrative decision- may be appealed to the courts of justice only 1) if the Constitution or the law permits it or 2) if the issues to be reviewed involve questions of law, Rationale- judicial tribunals cannot be deprived of their inherent authority to decide questions of law, initially by way of review of administrative decisions. - may be validly rendered final and inappealable at the administrative level without allowing the aggrieved party a final resort to the courts of justice. o Chung Fu Industries (Phils.), Inc. v. CA: even decisions of administrative agencies which are declared final by law are not exempt from judicial review when so warranted.
Methods of Review An appeal from an agency decision shall be perfected by filing with the agency within 15 days from receipt of a copy thereof a notice of appeal, and with the reviewing courts. If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law. The SC may review the decisions of the Office of the President on questions of law and jurisdiction when properly raised. Page | 22
Doctrines of Judicial Review (1) Doctrine of Primary Jurisdiction- does not warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence; simply calls for the determination of administrative questions o Sherwill Devt Corp. v. Sitio Sto. Nino Residents Assoc., Inc.: 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 body. The judicial process is suspended pending referral of such issues to the administrative body for its view. o Rubio Jr. v. Paras: the body or agency that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of others. o UHC v. Dayrit: a statute may vest exclusive original jurisdiction in an administrative agency over certain disputes and controversies falling within the agencys special expertise. o Smart Comm., Inc v. NTC: objective- to guide a court in determining whether it should refrain from exercising its jurisdiction until after an administrative agency has determined some questions or some aspect of some quest on arising in the proceeding before the court. The administrative process must continue up to the highest level before resort to judicial tribunals may be sought. (2) Doctrine of Exhaustion of Administrative Remedies o Phil. Health Insurance Corp. v. Chinese Gen. Hospital and Medical Center: an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. o Garcia v. CA: if a remedy is available within the administrative machinery, this should be resorted to before resort can be made to the courts. o PCGG v. Pena: courts must allow the administrative agencies to carry out their functions and discharge their responsibilities within the specialized area of their respective competence. o Systems Plus Computer College of Caloocan City v. Local Govt of Caloocan City: before seeking the intervention of courts, it is a precondition that one should first avail of all the means afforded by the administrative processes. Reasons: 1) Carale v. Abarintos: administrative superiors can correct errors committed by their subordinates. 2) Information Technology Foundation of the Phils., v. COMELEC: in deference to the doctrine of separation of powers 3) Sunville Timber Products, Inc. v. Abad: courts should not be saddled with the review of administrative cases; Page | 23
Appeal to President o Land Car, Inc. v. Bachelor Express, Inc: the doctrine of administrative remedies empowers the Office of the President to review any determination or disposition of a department head. o Carpio v. The Executive Secretary: doctrine of qualified political agency- as the President cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members. Effects of Noncompliance: 1) does not affect the jurisdiction of the court; 2) merely results in the lack of a cause of action Remedy- motion to dismiss o Calub v. CA: exhaustion must be raised at the earliest possible time, even before filing the answer to the complaint or pleading asserting a claim, by a motion to dismiss; otherwise, such a ground for dismissal would be deemed waived. Page | 24
Questions Reviewable Question of Fact Question of Law 1) review of administrative decision lies in the may be appealed to the courts of justice discretion of the legislature, which may or may independently of legislative permission or even not permit it as it sees fit against legislative prohibition Rationale- judiciary has an inherent power to review all decisions 2) the right to appeal is generally not deemed embraced in the right to a hearing 3) pertains to the truth or the falsehood of the alleged facts 4) must be respected provided they are supported by substantial evidence even if such evidence might not be overwhelming or even preponderant arises as to what the law is on a certain state of facts it is in the exercise of their quasi-judicial function; incident of their primary power of regulation Note: the interpretation of an agency of its own rules should be given more weight than the interpretation by the agency of the law it is merely tasked to administer (Bagatsing v. Committee on Privatization)
Atlas Consolidated Mining and Devt Corp. v. Factoran: findings of fact should not be disturbed if supported by substantial evidence. Exceptions: 1) denial of due process 2) mistake of law 3) fraud 4) collusion 5) arbitrary action in the administrative proceeding 6) when the procedure which led to factual findings is irregular 7) when palpable errors are committed 8) when grave abuse of discretion, arbitrariness or capriciousness is manifest Atlas Consolidated Mining and Devt Corp. v. Factoran: the reviewing Court cannot re-examine the sufficiency of the evidence as if originally instituted therein, and receive additional evidence, that was not submitted to the administrative agency concerned. Page | 25
Page | 26