ADMINISTRATIVE LAW Chapter V

Quasi-judicial as a term applied to the actions or discretions of public administrative officers or bodies required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. Adjudication an agency process for the formulation of a final order, which presupposes compliance with such requirements before such final order is issued. Arbitration the reference of a dispute to an impartial third person for determination on the basis of evidence and arguments presented by the parties who have bound themselves to accept the decision. Voluntary arbitration the referral of a dispute by the parties pursuant to voluntary arbitration clause or agreement to an impartial third person or panel for a final resolution. Involuntary arbitration one compelled by the government to accept the resolution of the dispute through the arbitration of a third party. Jurisdiction the power or capacity conferred by the Constitution or by law to a court or tribunal to entertain, hear and determine certain controversies, and render judgment thereon. Substantive law that part of the law which creates, defines and regulates rights, or which regulates rights and duties which give rise to a cause of action. Adjective or remedial law prescribes the method of enforcing rights or obtaining redress for their invasion. Contested case any proceeding, including licensing, in which the legal rights, duties or privileges asserted by specific parties are required by the Constitution or by law are to be determined after hearing. Licensing includes any agency process involving the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of license. Forum shopping the act of a party against whom an adverse judgment has been rendered in one forum, of seeking another (other than by appeal or the special civil action of certiorari), or of instituting 2 or more actions or proceedings grounded on the same cause on the supposition that one or the other would make a favorable disposition. General appearance any action on the part of defendant or his counsel, except to object solely to the jurisdiction of the court over the person of the defendant, which recognizes the case in court. Special appearance one which seeks to contest solely the jurisdiction of the tribunal over the person of the defendant and which seeks no relief other than the dismissal of the action exclusively on that ground. Summons a writ by which a respondent is notified of the action against him and is asked to file his answer thereto. Subpoena a process directed to a person requiring him to attend and testify at the hearing or trial of the action or at any investigation conducted under the laws of the country. Subpoena duces tecum an order to produce specified documents, and the same is issued upon application of a party by showing clear and unequivocable proof that the documents sought to be produced contain evidence relevant and material to the issue before the agency. Proof beyond reasonable doubt the logical and inevitable result of the evidence on record, exclusive of any other consideration, or moral certainty or that degree of proof which produces conviction in an unprejudiced mind. Clear and convincing evidence measure or degree of proof which will produce in mind of the trier of facts a firm belief or conviction as to the allegations sought to be established. Preponderance of evidence evidence which is of greater weight or more convincing than that which is offered in opposition to. Substantial evidence such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It means such evidence which affords substantial basis from which the fact in issue can be reasonably inferred. Substantive due process responsiveness to the supremacy of reason, obedience to the dictates of justice. Procedural due process a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. Decision the whole or any part of the final disposition not of an interlocutory character, whether affirmative, negative or injunctive in 1

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form, of a quasi-judicial agency in any matter, including licensing, ratefixing and granting of rights and privileges. Promulgation the delivery of the decision to the clerk of court for filing and publication. Review a reconsideration or re-examination or ruling of a subordinate officer by a superior officer or higher administrative agency. Res judicata literally means a matter adjudged; a thing judicial acted upon or decided; a thing or matter settled by judgment.

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CHAPTER V QUASI-JUDICIAL POWER A. In General Voluntary arbitrator a quasi-judicial officer Quasi-judicial power, generally It has been held that quasi-judicial power is incapable of exact definition. Quasi-judicial function may refer to other than that which a court of justice performs, such as that of a public prosecutor who is said to be a quasi-judicial officer because of the nature of his function, but his duty of conducting preliminary investigation to determine the existence of probable cause, to file an information in court, and to prosecute the accused has been described as principally executive in nature and not quasi-judicial. (Take note) Santiago, Jr. v. Bautista: The issue was whether or not the determination by a committee as to who should be ranked 1st, 2nd and 3rd honors among graduating pupils is a quasi-judicial power as to be subject to judicial review by petition for certiorari under Rule 65 of the Rules of Court. The SC ruled that its function does not require quasijudicial adjudication. Before a tribunal, board, or officer may exercise judicial or quasi-judicial acts, it is necessary that there be a law that gives rise to some specific rights of persons or property under which adverse claims to such rights are made, and the controversy ensuing therefrom is brought, in turn, before the tribunal, board or officer clothed with power and authority to determine what the law is and thereupon adjudicate the respective rights of the parties. Quasi-judicial adjudication The resolution of controversies is the raison detre of courts. This essential function is accomplished by 1. The ascertainment of all the material and relevant facts from the pleadings and from the evidence adduced by the parties, and 2. After that determination of the facts has been completed, by the application of law thereto to the end that the controversy may be settled authoritatively, definitely and finally. The function requires 1. Previously established rules and principles 2. Concrete facts, whether past or present, affecting determinate individuals; and 3. Decision as to whether these facts are governed by the rules and principles. The nature of the work of voluntary arbitrator, whether acting alone or in a panel, makes him acquire the status of a quasi-judicial agency, as he acts as a quasi-judicial officer who determines the rights of the parties and renders decision, which is appealable by petition for review to the CA. Under the Labor Code, the parties to a CBA are required to include therein provisions for a machinery for the resolution of grievances arising from the interpretation or implementation of the agreement or company personnel policies. For the purpose, parties to the agreement shall name and designate therein a voluntary arbitrator or a panel of arbitrators, or include a procedure for their selection. B. Jurisdiction Definition The word jurisdiction is derived from the 2 Latin words juris and dico, which mean I speak by the law. Jurisdiction is determined by the statute in force at the time of the commencement of the action. Jurisdiction is either one 1. Over the nature of the action 2. Over the subject matter 3. Over the issues framed in the pleadings 4. Over the person of the parties Jurisdiction over the subject matter refers to the nature of the cause of action and of the relief sought, which is vested by law and which is not acquired by consent or acquiescence of the parties, nor by the unilateral assumption thereof by a tribunal, neither can it be fixed by the will of the parties, nor can it be acquired through, or waived, enlarged or diminished by, any act or omission of the parties, nor can it be conferred by acquiescence of the court or tribunal. Jurisdiction over the person of the petitioner or plaintiff is acquired by the latters filing, the initiatory pleading and paying the required docket or filing fees. Jurisdiction over the person of the respondent or defendant is acquired by the service of summons or by his voluntary submission to the authority of the court or tribunal. 3 These requirements are also applicable to the adjudication of contested cases by quasi-judicial agencies.

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C. Administrative Procedure Rules of procedure, generally Every quasi-judicial body or agency has its own rules or procedure, which the body or agency issues as guides in its adjudication of cases filed with it. The Constitution empowers quasi-judicial agencies to issue their own rules of procedure. It provides that rules of procedure of quasi-judicial bodies shall remain effective unless disapproved by the SC. This is an implied grant of power to issue procedural rules. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. Even in the absence of such constitutional provision, or even when the law creating the agency is silent on the matter, a quasi-judicial body has the implied power to promulgate its rules of procedure. Rules of procedure issued by quasi-judicial bodies must not diminish, increase, or modify substantive rights. The term substantive rights includes those which one enjoys under the legal system. The Rules of Court are suppletory to rules of procedure of quasiadministrative agencies. This means that any deficiency or absence of applicable provision in the rules of procedure of administrative agencies governing a given situation may, and must be, filled up by the pertinent provisions of the Rules of Court. Rules subject to SC modification The provision of Sec. 79 of RA 7942, which states that the decision of the Mines Adjudication Board may be appealed by a petition for review by certiorari and question of law may be filed by the aggrieved party with the SC within 30 days from receipt of the order or decision of the Board is not effective, as there is no showing from the face thereof that it was enacted with the advice and concurrence of the SC. Hence, such order or decision may only be appealed to the CA pursuant to Rule 43 of the Revised Rules of Court. Technical rules not applicable The technical rules of procedure and of evidence prevailing in courts of law and equity are not controlling in administrative proceedings. The purpose is to free administrative boards or agencies from the compulsion of technical rules so that the mere admission of matter which would not invalidate an administrative order. But this assurance of flexibility in administrative procedure does not go so far as to justify orders without basis in evidence having rational probative force. Mere uncorroborated hearsay or rumor does not constitute substantial evidence. (Take note) In deciding administrative questions, administrative bodies or officials generally enjoy wide discretion. Technical rules of procedure are not strictly enforced, and due process of law in the strict judicial sense is not indispensable. It is sufficient that the substantive due process requirement of fairness and reasonableness be observed. Administrative rules of procedure should be construed liberally in order to promote their object and to assist the parties in obtaining just, speedy and inexpensive determination of their respective claims and defenses. The formalities usually attendant in court hearings need not be present in an administrative investigation, provided that the parties are heard and given the opportunity to adduce their respective evidence. Justiciable controversy; contested case The assumption of jurisdiction of an administrative agency to adjudicate a controversy requires that there must be an appropriate case which involves a justiciable controversy. A justiciable controversy such as can occasion an exercise of an administrative agencys exclusive jurisdiction as vested by law to it would require an assertion of a right by a proper party against another who, in turn, contest it. It is one instituted by and against parties having interest in the subject matter appropriate for judicial determination predicated on a given state of facts. The controversy must be raised by the party entitled to maintain the action. He is the person to whom the right to seek judicial redress or relief belongs which can be enforced against the party correspondingly charges with having been responsible for, or have given rise to, the cause of action. A person or entity tasked with the power to adjudicate stands neutral and impartial and acts on the basis of the admissible representation of the contending parties. Institution of proceedings In contested cases, where claims are asserted and reliefs are sought, the proceedings are instituted by the filing of a complaint or petition. The complaint may be a formal one, which alleges the ultimate facts and prays for specific reliefs. Where the applicable law or rules of procedure require verification of the complaint or petition, the complainant or petitioner should verify it. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. (Memorize) 4

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1. The rule against forum shopping applies to quasi-judicial proceedings. The complaint should contain a certification under oath (certification of non-forum shopping) that complainant 1. has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasijudicial agency and, to the best of his knowledge, no such other action or claim is pending therein; 2. if there is such other pending action or claim, a complete statement of the present status thereof; and 3. if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. Some proceedings are, however, instituted by mere ex parte or informal application, such as an application for permits or licenses or for renewal thereof. They may even be initiated by a mere letter sent by a complainant. These proceedings become contested when the application is contested or denied, or such letter, after ex parte investigation, shows the need for the person complained of to be given opportunity to be heard on the matter. Other proceedings are begun by filing forms or prepared complaints, which complainants merely fill in the blanks therein or check the appropriate information asked, like form complaints of the Office of the Labor Arbiter. Based on the initiatory pleadings filed, the agency concerned then prepares summons for service upon the respondent. Forum shopping Forum shopping constitutes improper conduct which tends to degrade the administration of justice. The prohibition applies not only with respect to suits filed in the courts while an administrative proceeding is pending, in order to defeat administrative processes and in anticipation of an unfavorable administrative ruling and a favorable court ruling. The test to determine whether a party has violated the rule against forum shopping is where the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in the other. Requisites of Litis Pendentia 5 2. 3. There is identity of parties, or at least such parties as represent the same interests in both actions Identity of rights and reliefs prayed for The relief founded on the same facts The identity on the 2 preceding particulars is such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration.

4.

The prohibition against forum shopping does not apply to an agency which does not exercise judicial or quasi-judicial power. (Take note) Acquisition of jurisdiction A quasi-judicial agency can acquire jurisdiction over the person of the petitioner by the latters voluntary appearance as by his filing a complaint, petition or an initiatory or appropriate pleading and paying the filing fees, if required by the agencys rules. The quasi-judicial agency can acquire jurisdiction over the person of the respondent by the latters voluntarily appearing or submitting to the body or by service of summons upon him. Appearance may be made not only by actual appearance but also by the submission of pleadings with the tribunal. Appearance Appearance as counsel is a voluntary submission to the tribunals jurisdiction over the person of the party by a legal advocate or lawyer professionally engaged to represent or plead the cause for him, such as by actual physical appearance or by filing pleadings in the tribunal. The orderly conduct of judicial proceedings requires that counsel for a party should file with the tribunal his formal written appearance in the case. The formal method of entering an appearance in a case is to deliver to the clerk of court a written direction asking him to enter his name as counsel for a party and requesting that copies of notices be henceforth sent him at the address therein clearly indicated, with copy of his appearance furnished the adverse party. Without such formal appearance, counsel is not generally entitled to notice. Judicial administration cannot afford to suffer uncertainty because of uncertainty concerning the lawyer upon whom service is to be made. But the fact that a lawyer has not entered his formal appearance does not warrant the conclusion that the pleading by him has no legal effect whatsoever.

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An appearance although qualified by the word special in which the jurisdiction over the person is not expressly impugned or if impugned other relief is sought, is equivalent to a general appearance. Summons The service of summons upon the respondent is the means by which the quasi-judicial agency acquires jurisdiction over his person, in the absence of voluntary appearance on his part. The service of summons is a very vital and indispensable ingredient of due process, as it will give the party notice to be heard. However, in quasi-judicial proceedings, procedural rules governing service of summons are not strictly construed. Substantial compliance thereof is sufficient. 3 Methods of Serving Summons 1. Personal service by serving him copy of the summons and complaint personally or if he refuses to receive and sign for it, by tendering it to him 2. Substituted service 3. Service by publication. It is only when a respondent cannot be personally served with summons within a reasonable time that substituted service may be availed of as follows: 1. By leaving copy of the summons at the respondents dwelling house or residence, with some person of suitable age and discretion then residing therein, or 2. By leaving the copy of the respondents office or regular place of business, with some competent person in charge thereof. Service of summons by registered mail is resorted to by some quasiadministrative tribunals, which mode of service is not allowed in court proceedings. Service of summons by publication may be effected when the respondents address or his whereabouts is unknown by leave of court in a newspaper of general circulation and in such places and for such time as the administrative agency may order. Service upon a domestic corporation may be made on its 1. President 2. Manager 3. Cashier 4. Secretary 5. Agent, or Since substantial compliance with the requirements of service of summons is all that is required in quasi-judicial proceedings, service of summons upon persons other than those specifically enumerated, such as its assistant manager, clerk-typist at its main office, manager of its farm in the province, secretary of its president, the lawyer of the corporation, or any other responsible officer, holding a position of responsibility, who can appreciate the importance of the person handed to him and can be expected to deliver the papers to the proper officer, is sufficient to enable the tribunal to acquire jurisdiction over the person of the respondent and to render a valid judgment. (Important) Pre-trial conference Sec. 2, Rule 18 of the Revised Rules of Court applies in a suppletory character on the nature and purposes of a pre-trial, which include 1. The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution 2. The simplification of the issues 3. The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof 4. The advisability of referring the case to arbitration 5. The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist. Sec. 10, Book VII of the 1987 Administrative Code requires that To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest, encourage amicable settlement, compromise and arbitration. It also encourages the parties to enter into stipulation of facts or to agree on the settlement. Default in administrative case The word default is used in its broad meaning, to include 1. Failure to file a responsive pleading 2. Failure to appear in any hearing 3. Failure to present evidence In any of these instances, the hearing may proceed in his absence without violating the partys right to due process. Hearing

6.

Any of its directors.

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Hearing does not necessarily require a trial-type presentation of evidence. The case may be heard for resolution on the basis of stipulation of facts, admissions of the parties, position papers, affidavits and counter-affidavits, without violating due process of law, as this procedure enables the parties the opportunity to be heard on all issues. To be heard does not mean verbal arguments before the tribunal; it can be through written pleadings. Evidence The right to cross-examine witnesses implies that no hearsay evidence be admitted, as the right of cross-examination is the safeguard against its admission. Thus, affidavits of witnesses may not be considered, unless the affiants are put in the witness stand for cross-examination on their affidavits, except when the parties waive the same expressly or impliedly. Apart from admissible evidence, the agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs; documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and if the original is in the official custody of a public officer, a certified copy thereof may be accepted; and the agency may take notice of judicially cognizable facts and of general cognizable technical or scientific facts within its specialized knowledge. (Take note) 3 Material Requisites of Matters of Judicial Notice 1. The matter must be one of common and general knowledge 2. It must be well and authoritatively settled and not doubtful or uncertain 3. It must be known to be within the limits of the jurisdiction or the tribunal. Hierarchy of evidence values Hierarchy of Evidential Values (Very Important Memorize) 1. Proof beyond reasonable doubt 2. Clear and convincing evidence 3. Preponderance of evidence 4. Substantial evidence Proof beyond reasonable doubt is required for conviction of an accused in a criminal case. Preponderance of evidence is the degree of evidence required in civil cases. It refers to the weight, credit and value of the aggregate evidence on either side and it is usually considered to be synonymous with the terms greater weight of Every agency shall have such number of qualified and competent members of the bar as hearing officers as may be necessary for the hearing and adjudication of contested cases. A quasi-judicial body, in the discharge of its adjudicatory functions, may delegate the function to receive evidence and perform any and all acts necessary for the resolution of factual issues falling within its jurisdiction. The delegation is not unconstitutional or open to objection that the delegate is vested with judicial power because the latter merely reports the facts found and the quasi-judicial body retains the power to approve or reject the report and to decide the case. While the power resides solely in the administrative agency vested by law, this does not preclude a delegation of the power to hold a hearing on the basis of which the decision of the administrative agency will be made. The rule that requires an administrative officer to exercise his own judgment and discretion does not preclude him from utilizing, as a matter of practical administrative procedure, the aid of subordinates to investigate and report to him the facts on the basis of which the officer makes his decision. It is sufficient that the judgment and discretion finally exercised are those of the officer authorized by law. (Take note) evidence or greater weight of the credible evidence. It means probably the truth. Substantial evidence Substantial evidence is the evidence required to reach a conclusion in administrative proceedings or to establish a fact before administrative and quasi-judicial bodies. Delegation to receive evidence

D.

Due Process in Quasi-Judicial Proceedings

Generally Due process consists of 2 concepts: substantive and procedural. To satisfy the due process requirement, official action must not outrun the bounds of reason and result in sheer oppression. Due process is hostile to any official action marred by lack of reasonableness. It has been identified as freedom from arbitrariness. It is the embodiment of the sporting idea of fair play. Violation of substantive due process 7

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Corona v. United Harbor Pilots Assn. of the Philippines: The issue raised is the validity of Philippine Ports Authority Admin. Order 04-92, which limits the term of harbor pilots to 1 year subject to yearly renewal or cancellation. The SC declared the order null and void. Pilotage may be practiced only by duly licensed individuals. Their license is granted in the form of an appointment which allows them to engage in pilotage until they retire at 70. This is a vested right. PPA-AO No. 04-92 unduly restricts the right of harbor pilots to enjoy their profession before their compulsory retirement. It is this pre-evaluation cancellation which primarily makes PPA-AO No. 04-92 unreasonable and constitutionally infirm. In a real sense, it is deprivation of property without due process of law. Cardinal primary requirements of due process, generally Cardinal Primary Requirements of Due Process in Administrative Proceedings 1. The right to a hearing which includes the right to present ones case and submit evidence in support thereof 2. The tribunal must consider the evidence presented 3. The decision must have something to support itself 4. The evidence must be substantial, and substantial evidence means such evidence as a reasonable mind might accept as adequate to support a conclusion 5. The decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected 6. The tribunal or body or any of its judges must act on its own or his own independent consideration of the law and facts of the controversy, and not simply accept the views of his subordinates. 7. The board or body should, in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered 8. The officer or tribunal conducting the investigation must be vested with competent jurisdiction and as constituted as to afford a person charged administratively a reasonable guarantee of honesty and impartiality. What due process is about is not lack of previous notice but the absolute lack of opportunity to be heard. The essence of due process is the opportunity to be heard. The presence of a party is not always the cornerstone of due process. What the law prohibits is not the absence of previous notice but the absolute absence thereof and lack of opportunity to be heard. Cold neutrality of an impartial judge A critical component of due process is a hearing before an impartial and disinterested tribunal. Ingrained is the rule that every litigant is entitled to nothing less than the cold neutrality of an impartial judge. In order that the review of the decision of a subordinate officer might not turn out to be a farce, the reviewing officer must perforce be other than the officer whose decision is under review; otherwise, there could be no different view or there would be no real review of the case. The decision of the reviewing officer would be a biased view; inevitably it would be the same view since being human, he would not admit that he was mistaken in his first view of the case which would thus deprive the appellant of his fundamental right of to due process of law. Prior notice and hearing required In administrative cases, the general rule is that prior notice and hearing are necessary only where the law so requires. The inquiry should therefore be into the enabling statute which clothes an administrative agency or officer with certain duties and responsibilities in the discharge of which some persons may be adversely affected. If the statute requires prior notice and hearing, then the administrative agency or officer must comply with the due process requirements as a condition for the validity of its/his acts. In any contested case all parties shall be entitled to notice and hearing. The notice shall be served at least 5 days before the date of hearing and shall state the date, time, and place of the hearing. Where the applicable law requires previous notice or hearing, compliance therewith is necessary before official action may be done. Thus, before the Sandiganbayan can preventively suspend a public official charged with a crime before it, there must first be a hearing to determine the validity of the information, and a finding that the information is valid makes it mandatory for the court to preventively suspend the accused for a period not exceeding 90 days. Prior notice not required in the exercise of police power Where the act questioned results from the exercise of police power of the statute, prior notice and hearing are not required, unless the applicable law expressly provides. Considerations of procedural due process cannot outweigh the evil sought to be prevented by the 8

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exercise of police power. In any event, the aggrieved party may subsequently be heard either before the administrative agency or before the court by filing an appropriate action to challenge the validity of the act done. Central Bank of the Phil. V. CA: One of the issues raised is whether the closing of a bank and placing it under receivership by the Central Bank Monetary Board without prior notice and hearing may constitute acts of arbitrariness and bad faith sufficient to annul the said Monetary Boards acts. The SC sustained the validity of the closure. A previous hearing is not required before the Monetary Board can implement its resolution closing a bank, since its action is subject to judicial scrutiny as provided by law. This close now and hear later scheme is grounded on practical and legal considerations to prevent unwarranted dissipation of the banks assets and as a valid exercise of power to protect the depositors, creditors, stockholders and the general public. The abatement of a public nuisance per se does not also require prior hearing. Prior notice may be given to the affected party not to give him the opportunity to be heard but to give him the opportunity to remove or abate that which is a nuisance per se; otherwise, the same may be abated at his expense. 2 Kinds of Nuisances 1. Nuisance per se Right to counsel, not a due process requirement Lumiqued v. Exevea: Does the due process clause encompass the right to be assisted by counsel during an administrative inquiry? Regional Director Lumiqued of the DAR was charged administratively and eventually dismissed from the service for malversation, violation of the COA rules and regulations, and oppression and harassment. In the hearings of a committee that investigated him, he was not assisted by counsel. The committee recommended his dismissal from the service, which was approved and he was dismissed by the President. The SC upheld Lumiqueds dismissal from service. The right to counsel, which cannot be waived unless the waiver is in writing and in the presence of counsel, is a right afforded a suspect or an accused during custodial investigation. It is not an absolute right and may, thus, be invalid or rejected in a criminal proceeding and, with more reason, in an administrative inquiry. The right to counsel is not indispensable to due process unless required by the Constitution or the law. E. Decision, Appeal and Judicial Review Period to render decision The agency shall decide each case within 30 days following its submission. A case is deemed submitted for decision after both parties shall have concluded presentation of their evidence or upon the filing of their respective memoranda, if required or if they so ask and the same is granted. A time provision for decision is construed as directory, so that the failure of the agency concerned to decide the case within 30 days does not deprive it of the jurisdiction to thereafter resolve it, nor render such decision invalid. The difference between a mandatory and directory provision is often determined on grounds of expediency, the reason being that less injury results to the general publicly disregarding rather than enforcing the letter of the law. But the failure of the administrative or quasi-judicial officer to decide the case within the prescribed period may render him administratively liable therefor, as he is enjoined by the code of conduct for public officers to promptly act on all matters before him. Form of decision Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on 9

2.

Nuisance per accidens

Nuisance per se is recognized under any and all circumstances because it constitutes a direct menace to public health or safety, and, for that reason, may be abated summarily, without legal proceedings and without hearing under the undefined law of necessity or under the police power. However, nuisance per accidens, which depends upon certain conditions or circumstances and which is a question of fact, cannot be abated without due hearing thereon in a tribunal authorized to decide whether such thing does in law constitute a nuisance. Art. 694, Civil Code. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: 1. Injures or endangers the health and safety of others; or 2. Annoys or offends the senses; or

3. 4. 5.

Shocks, defies or disregards decency or morality; Obstructs or interferes with the free passage of any public highway or street, or any body of water; or Hinders or impairs the use of property.

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which it is based. In other words, a quasi-judicial body may not just say, this party won and that party lost. It is a requirement of due process that the parties to a litigation be informed of how it was decided, with an explanation of the factual and legal reasons that led to the conclusions of the court. The court cannot simply say that it is rendered in favor of X and against Yand just leave it at that without any justification whatsoever for its action. The losing party is entitled to know why he lost, so he may appeal to a higher court, if permitted, should he believe that the decision should be reversed. A decision that does not clearly and distinctly state the facts and the law on which it is based leaves the parties in the dark as to how it was reached and is especially prejudicial to the losing party, who is unable to pinpoint the possible errors of the court for review by a higher tribunal. Publication of decisions Every agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases. It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a register or compilation of those decisions or final orders for use by the public. Relief and sanction Relief includes 1. The whole or part of any grant of money, assistance, license, authority, privilege, exemption, exception, or remedy 2. Recognition of any claim, right, immunity, privilege, exemption or exception 3. Taking of any action uponthe application or petition of any person. Sanction includes 1. The whole or part of a prohibition, limitation or other condition affecting the liberty of any person 2. The withholding of relief 3. The imposition of penalty or fine 4. The destruction, taking, seizure or withholding of property 5. The assessment of damages, reimbursement, restitution, compensation, cost, charges or fees 6. The revocation or suspension of license 7. The taking of other compulsory or restrictive action. A quasi-judicial agency can grant a particular relief or impose a specific sanction only where the enabling law authorizes the agency to do so 10 and the evidence presented or facts adduced substantially justify it. The agency has no power to grant any relief nor can it impose any sanction in the absence of any statutory authority on its part. (Take note) Finality of decision The decision of the agency shall become final and executory 15 days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review, if proper, has been perfected. One MR may be filed, which shall suspend the running of the period. Where the rules of administrative agency prohibit the filing of a 2nd MR, the agency is precluded from entertaining a 2nd MR of its decision which becomes final. For while the administrative agency may alter, modify or reverse its decision with or without a MR, the same can be done only before it becomes final and executory. Once a decision becomes final and executory, it is removed from the power or jurisdiction of the quasi-judicial body which rendered it to further alter or amend, much less revoke it. Reasons of public policy, judicial orderliness, economy and judicial time and the interest of litigants as well as the peace and order of society all require that stability be accorded solemn and final judgments of courts or quasi-judicial bodies or tribunals of competent jurisdiction. Promulgation of decision A decision of an administrative officer or agency, in the exercise of quasi-judicial power, becomes binding only after it is validly promulgated. Promulgation is the process by which the decision is published, officially announced, made known to the public or delivered to the clerk of court for filing, coupled with notice to the parties or their counsel. A decision prepared and signed by a judge but promulgated after his retirement or separation from the service is void. In other words, if at the time of the promulgation of a decision or resolution, a judge or member of a collegiate court or quasi-judicial agency had earlier signed or registered his vote for the decision, has vacated his office, his vote is automatically withdrawn or cancelled. Notice of decision

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The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them. The parties are entitled to be informed of the decision rendered by the quasi-administrative agency. If a party is represented by counsel, the notice of the decision must be made upon counsel. Notice to counsel is notice to client. The rule is not a mere technicality, but one founded on considerations of fair play. A party engages an attorney of record precisely because he does not feel competent to deal with the intricacies of law and procedure. Furthermore, as the party directly served would have to communicate with his attorney and turn over to him the notice received, the net result would be to noticeably shorten the usable period for taking the proper steps required to protect the partys interest. Thus, when a party is represented by his counsel in a particular case, notice of proceedings must be served upon the counsel to constitute valid notice. But when a party is represented by counsel who did not leave his address or make of record his address in the case where notice can be sent, the notice sent to the party himself is valid. Decision by collegiate body; vote required Appeal in contested cases A collegiate body can validly decide only when it formally acts as such. A decision by a director for the collegiate body is void, just as the decision of only one member thereof is void where a quorum of 2 is required. As the decision is void, it cannot be ratified. The collegiate body has to meet and decide the case anew. (Ex. NTC) Where the law vests in a committee the power to classify a movie, such as for general patronage or for adults only, the chairman of the MTRCB has no authority to reverse or overrule by himself alone a decision of the committee, the power to overrule being lodged with the board itself, the collegiate body which decides by majority vote. Final decisions not reviewable Pertinent provisions of 1987 Administrative Code A final resolution or decision of an administrative agency also binds the Office of the President even if such agency is under the administrative supervision and control of the latter. Administrative decisions must end sometime, as fully as public policy demands that finality be written on judicial controversies. Public interest requires that proceedings already terminated should not be altered at every step, for the rule of non quieta movere prescribes that what had already been terminated should not be disturbed. A Section 19. Appeal. - Unless otherwise provided by law or executive order, an appeal from a final decision of the agency may be taken to the Department head. Section 20. Perfection of Administrative Appeals. 1. Administrative appeals under this Chapter shall be perfected within 15 days after receipt of a copy of the decision complained of by the party adversely affected, by filing with 11 Some rules require payment of appeal fees, the posting of appeal bond, and filing of notice of appeal to be accompanied by a memorandum appeal, which should point out the assigned errors and discuss them. An appellant should comply with all the requirements for perfecting an appeal applicable to specific cases in particular quasijudicial agencies; otherwise, his appeal will be dismissed or denied due course. The reason is that appeal is a statutory right and he who avails of it must strictly comply with all its requisites. Appeal is not part of due process, but a statutory privilege which may be exercised only in the manner and within the period prescribed by law. And where the law does not grant a right to appeal, such remedy cannot be invoked. disregard of this principle does not commend itself to sound public policy. Fortich v. Corona: When the Office of the President issued the Order declaring the Decision of March 29, 1996 final and executory as no one has seasonably filed a MR thereto, the said Office had lost its jurisdiction to re-open the case, more so modify its decision. Having lost its jurisdiction, the Office of the President has no more authority to entertain the 2nd MR filed by respondent DAR Secretary, which 2nd motion became the basis of the assailed Win-Win Resolution. Thus, the act of the Office of the President in re-opening the case and substantially modifying its March 29, 1996 decision which had already become final and executory, was in gross disregard of the rules and basic legal precept that accord finality to administrative determinations. Thus, the Win-Win Resolution is void. The rules of res judicata which forbids the reopening of a matter once judicially determined by competent authority applies as well to the judicial and quasi-judicial acts of public, executive or administrative offices and boards acting within their jurisdiction as to the judgments of courts having general judicial powers.

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the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees. If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have 15 days from receipt of the resolution of reversal within which to perfect his appeal. The agency shall, upon perfection of the appeal, transmit the records of the case to the appellate agency. therefore, consider it. One exception to this rule is that when an issue was not raised before the lower administrative agency and evidence in connection therewith was not accordingly presented, but which issue was resolved by the latter in its decision, the adverse party, on appeal, was entitled to present rebuttal evidence on said issue, and the refusal of the reviewing agency to consider such rebuttal evidence on the ground that the same was not formally offered during the hearing constituted grave abuse of discretion and left decision on appeal without substantial basis to support it. The appeal to a higher administrative body does not preclude the latter from conducting further hearings on issues of fact, in the absence of law prohibiting it. For instance, where there is no law prohibiting the Office of the President, as an appellate body, from conducting additional hearings in an appealed case, it may do so when the purpose thereof is necessary to the proper adjudication of the case. Presumption of legality The legal presumption that official duty has been duly performed particularly strong as regards acts of quasi-judicial agencies connection with the enforcement of laws affecting particular fields activity, the proper regulation or promotion of which requires technical or special training, aside from a good knowledge and grasp the overall conditions relevant to said field. is in of a of

2.

3.

Section 21. Effect of Appeal. The appeal shall stay the decision appealed from unless otherwise provided by law, or the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case. Section 22. Action on Appeal. The appellate agency shall review the records of the proceedings and may, on its own initiative or upon motion, receive additional evidence. The perfection of appeal in the manner and within the period prescribed by law is not only mandatory but jurisdictional. If appeal is not perfected, the decision becomes final and executory and can no longer be reviewed by a higher administrative agency or by the courts. The fact that a regulatory agency with power to adjudicate contested cases is placed under the administrative supervision of a department does not have the effect of making its decision subject to review by the department head, unless otherwise provided specifically by law establishing it. Administrative review 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. Review by a superior officer or department head may be undertaken motu proprio if the decision has not yet become final, in the 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 agencys rules of procedure. The general rule is that evidence not formally submitted during the hearing before an administrative agency may not be submitted for the first time on appeal and the reviewing administrative body may not,

However, there is no presumption of regularity of any administrative action which results in depriving a taxpayer of his property through tax sale. It is an exception to the rule that administrative proceedings are presumed to be regular. Res judicata The doctrine of res judicata certainly applies to adversary administrative proceedings. In Brillantes v. Castro, the Court sustained the dismissal of an action by a trial court on the basis of a prior administrative determination of the same case by the Wage Administrative Service, and applied the principle of res judicata. In Abad v. NLRC, the Court applied the related doctrine of stare decisis in holding that the prior determination that certain jobs as the Atlantic Gulf and Pacific Co. were project employment was binding in another case involving another group of employees of the same company. Res judicata refers to the rule that a final judgment or decree on the merits by a court of competent jurisdiction is conclusive of the rights of 12

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the parties or their privies in all later suits on points and matters determined in the former suit. Elements of Res Judicata 1. The presence of a final former judgment 2. The former judgment is by a court of competent jurisdiction over the subject matter and the parties 3. The former judgment is a judgment on the merits 4. There is, as between the 1st and 2nd actions, identity of parties, of subject matter, and of cause of action. Exceptions to the Doctrine of Res Judicata (where it may not apply) 1. There are supervening events which make it imperative, in the higher interest of justice, to modify a final judgment to harmonize it with the prevailing circumstances 2. Where the application of the doctrine would involve the sacrifice of justice to technicality, as when it would amount to a denial of justice or a bar to a vindication of a legitimate grievance 3. Where the parties involved have waived it or do not timely raise it as a defense. Power to issue writ of execution to enforce judgment PD No. 957 has granted the HLURB the jurisdiction to hear and decide questions relating to the sale and purchase of subdivision lots and to award damages in connection therewith, its final decision ordering a subdivision developer to deliver the title to the lot buyer and to pay the latter moral damages and attorneys fees can be enforced by its issuing a writ of execution addressed to the sheriff to implement the same. Judicial review Any decision of a quasi-judicial agency which is of equal rank with that of the RTC is subject to judicial review, which an aggrieved or adversely affected party may seek by filing a petition for review with the CA, pursuant to Rule 43 of the Revised Rules of Court; or by means of a petition for certiorari, prohibition and mandamus filed with the RTC, CA, or the SC, in appropriate cases under Rule 65 of the Revised Rules of Court. The SC, after the promulgation of the new Rules of Civil Procedure, added 2 other quasi-judicial agencies whose decisions are now appealable to the CA and no longer to the SC, namely, the NLRC and 13 the Office of the Ombudsman on its decisions involving administrative or disciplinary cases.