POINTERS ON ADMINISTRATIVE LAW

Atty. Alberto C. Agra

Administrative Law
Administrative Agencies: Creations of the State Charter defines Nature, Purpose, Powers, Structure, Jurisdiction, Accountabilities Delegated, not Inherent, Powers Subordinate/ Inferior Powers Liberal Interpretation of Powers Basic Powers
1. Investigative 2. Quasi-Legislative 3. Quasi-Judicial

Investigative Power
Express Contempt Subpoena Search (Counsel not required) Express or Implied Fact-Finding Ocular Visitorial

Quasi-Legislative Power
Principles Tests of Valid Delegation: Completeness and Sufficient Standards; Law valid even without IRR Definition: Power to Issue Rules/ Fill in details/ How (not What) a Law will be implemented Nature: Inferior/ Subordinate (cannot change, amend or conflict with charter or law) Types (PIPICS): Procedural, Internal, Penal, Interpretative, Contingent and Supplementary

Quasi-Legislative Power: Invalid Exercise

Law Rule

Creates
Strict Requirements No Requirement

Abolishes
Liberal Requirements Requirement Imposed

Stated Requirement
Enumeration Exclusive No Classification Limited Application Fixed Period Continue Practice Grant Power

Alter/ Delete Requirement

Add/ Delete Requirement Discriminates/ Classifies Expanded Application Change Period Discontinue Practice Nullified Power

Quasi-Legislative Power
Type Supplementary Interpretative Contingent Penal Procedural Grant E or I E or I E E E or I Publication Required Not Required Required Required Required

Internal

E or I

Not Required

Quasi-Judicial Power
Principles Grant of Power: Express Definition: Deciding controversies, Resolving conflicting claims and positions Extent: Questions of Law and Fact (depending on Charter) Limitation: Subject to Judicial Review

Classes of QJ Power
1.
2.

3.
4. 5.

DEEDS Directing (corrective/ award) Enabling (grant/ permit) Equitable Dispensing (exempt/ relieve) Summary (compel/ force)

Quasi-Judicial Power
Administrative Proceedings Character: Adversarial Jurisdiction: Defined by Law/ Charter Nature: Power to Adjudicate Not Delegable (power to hear/ receive evidence can be delegated) Due Process (DINA): Decision, Impartial Tribunal, Notice and Appear/ Defend

Quasi-Judicial Power
Notice and Hearing: Required but subject to waiver (MR, subsequently heard, appearance); However, if no notice and notice not waived/ cured, then jurisdiction not acquired Full Hearing (CREX): Claims, Rebuttal, Evidence and X-Examination (not required) Evidence: Substantial Decision (BF PIE): Bases, Form, Parties, All Issues and Evidence (internal report)

QL and QJ
Topic Grant Parties QJ Express Particular QL E or I All/ Sectors

Adversarial
Controversy

Yes
Exists

No
None

Notice and Hearing

Primary/ Exhaustion Time

Required
Applicable Past/ Present

Not Required
NA Future

Publication

Not Required

Depends

Judicial Review
1.
2.

3.
4. 5. 6.

Statutory Modes Certiorari Prohibition Injunction Mandamus Declaratory Relief Appeal

Defenses: Judicial Review Premature

Doctrine of Finality of Administrative Action: Decision Final 1st before Judicial Review; Exceptions interlocutory, protect rights, violate Constitution, excess of power Doctrine of Primary Jurisdiction: Concurrent with courts, needs administrative discretion and expertise Doctrine of Ripeness for Review: Real/ Present/ Imminent (not future/ imaginary/ remote)

Judicial Review
Doctrine of Exhaustion of Administrative Remedies: Exhaust all administrative remedies before recourse to courts, condition precedent, with exceptions:

JPLCS DARN

DRIED CLRNT

Judicial Review
JPLCS Questions essentially Judicial Administrative Remedy is Permissive Pure question of Law Constitutionality Small amount that exhaustion will be costly DRIED Utter disregard for Due Process No plain speedy Remedy Strong public Interest Estoppel Continued and unreasonable Delay

Judicial Review
DARN Irreparable Damage by party Alter Ego Bears approval of President No administrative Review is provided Insistence on exhaustion will lead to Nullification of claim CLRNT Civil action for damages Land not part of public domain Special Reasons demanding immediate judicial relief No Decision rendered Transcendental issues