Phil Admin Law

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PHILIPPINE ADMINISTRATIVE LAW

Chapter 1General Considerations

Nature

Adinistrati!e La" that branch of modern law under which the executive department of thegovernment, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct ofthe individual for the purpose of promoting the well-being of the community.

Administrative law is a recent development , being a consequence of the ever increasingcomplexities of society and the proliferation of problems of government that cannot readily oreectively be addressed by the public agencies or solved by other disciplines of public law.

t was felt that thelegislative and judicial departments no longer had either the time or the neededexpertise to attend to these new problems.

!hus, the obvious solution was delegation of power.

!wo major powers of the administrative agency"

#. $uasi-legislative authority or rule ma%ing power

&. $uasi-judicial power or adjudicatory function

Sour#es o$ Adinistrati!e La"

Addministrative law is derived from four sources or is of four '() %inds"

1% Constitution or statutor& ena#tents e.g. *ocial *ecurity Act which established the*ocial *ecurity +ommission.

'% De#isions o$ #ourts interpretin( the #harters o$ adinistrati!e )odies

*% Rules and re(ulations issued )& the adinistrati!e )odies e.g. mnibus ulesmplementing the abor +ode.

+% Deterinations and orders o$ the adinistrati!e )odies in the settleent o$#ontro!ersies

Adinistration

Administration is understood in two senses"

#. institution administration as the aggregate of individuals in whose hands the reins of

government are for the time being.

&. $un#tion administration as the actual running of the government by the executive authoritiesthrough the enforcement of laws and implementation of policies.

/overnment 'as distinguished from administration) is the agency or instrumentality through whichthe will of the *tate is formulated, expressed and reali0ed.

Adinistration Distin(uished $ro La"

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La"is impersonal command provided with sanctions to be applied in case of violation, whileAdinistration is preventive rather punitive and is accepted to be more personal than law.

aw maintains a watchful eye on those who would violate its order. 1hile administration on theother hand see%s to spare individuals from punishments of the law by persuading him to observeits commands.

Chapter 'Adinistrati!e A(en#ies

De,nition

Adinistrati!e a(en#& a body endowed with quasi-legislative and quasi-judicial powers forthe purpose of enabling it to carry out the laws entrusted to it for enforcement or execution.

Administrative agency may be regarded as an arm of the legislature insofar as it is authori0e topromulgate rules. t may also be loosely considered a court because it performs functions of aparticular judicial character, as when it decides factual and sometimes even legal questions as anincident of its general power of regulation.

Creation and A)olition

!he administrative body may be created by the Constitution or by a Statute.

f created by the +onstitution itself, the administrative body can be altered or abolished only by+onstitution. 2ut where the body was created only by statute, the legislature that breathed lifeinto it can amend or even repeal its charter, thereby resulting in its abolition which is justi3ed ifmade in good faith.

Chapter *Po"ers o$ Adinistrati!e A(en#ies

-uasi.Le(islati!e Po"er the authority delegated by the law-ma%ing body to theadministrative body to adopt rules and regulations intended to carry out the provisions of a lawand implement legislative policy.

-uasi./udi#ial Po"er the power of the administrative authorities to ma%e determinations offacts in the performance of their o4cial duties and to apply the law as they construe it to the factsso found.

Chapter +The -uasi.Le(islati!e Po"er

t has already been remar%ed that the rule-ma%ing power of the administrative body is intended toenable it to implement the policy of the law and to provide for the more eective enforcement ofits provisions.

!hrough the exercise of this power of subordinate legislation, it is possible for the administrativebody to transmit the 5active power of the state from its source to the point of application,6 that is,apply the law and so ful3ll the mandate of the legislature.

0inds o$ Adinistrati!e Re(ulations

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'a) Le(islati!e the administrative agency is acting in a legislative capacity, supplementing thestatute, 3lling in the details, or 5ma%ing the law6, and usually acting pursuant to a speci3cdelegation of legislative power.

'b) Interpretati!e are those which purport to do no more than interpret the statute beingadministered, to say what it means. !hey constitute the administrator7s construction of a statute.

!he interpretative regulation is issued by the administrative body as an incident to its power toenforce the law and is intended merely to clarify its provisions for proper observance by thepeople.

t is an elementary rule in administrative law that adinistrati!e re(ulations and poli#iesena#ted )& adinistrati!e )odies to interpret "hi#h the& are entrusted to en$or#e, havethe force of law, are entitled to great respect, and have in their favor a presumpption of legality.

2y contrast, the le(islati!e re(ulation is issued )& the adinistrati!e )od& pursuant to a!alid dele(ation o$ le(islati!e po"er and is intended to ha!e the )indin( the $or#e ande2e#t o$ a la" ena#ted )& the le(islature itsel$.

Classi,#ation o$ Le(islati!e Re(ulation

'a) Suppleentar& intended to 3ll in the details of the law and 5to ma%e explicit what is onlygeneral.6

'b) Contin(ent issued upon the happening of a certain contingency which the administrativebody is given the discretion to determine or to ascertain some circumstances and on the basisthereof may enforce or suspend the operation of a law.

Re3uisites o$ Adinistrati!e Re(ulation

'a) ts promulgation must be authori0ed by the legislature8

'b) t must be within the scope of the authority given by the legislature8

'c) t must be promulgated in accordance with the prescribed procedure8

'd) t must be reasonable.

4irst Re3uisite5 Proul(ation Must 6e Authori7ed )& the Le(islature

Authority to promulgate the regulation is usually conferred by the +harter itself of theadministrative body or by the law it is supposed to enforce.

1hen +ongress authori0es promulgation of administrative rules and regulations to implementgiven legislation, all that is required is that the regulation be not in contravention with it, but toconform to the standards that the law prescribes.

Se#ond Re3uisite5 Re(ulation Must 6e Within the S#ope o$ the Authorit& Gi!en )& theLe(islature

Assuming a valid authori0ation, it is still necessary that the regulation promulgated must not beultra vires or beyond the authority conferred.

Third Re3uisite5 Re(ulation Must 6e Proul(ated in A##ordan#e "ith the Pres#ri)edPro#edure

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As in the enactment of laws, the promulgation of administrative regulations of general applicationdoes not require previous notice and hearing, the only exception being where the legislature itselfrequires it . n the absence of such a requirement, the administrative body can promulgate theregulation in its exclusive discretion.

2ut where the regulation is in eect a settlement of a controversy between speci3c parties, it isconsidered an administrative adjudication and so will require notice and hearing.

As for publication, the applicable rule is now found in 9xecutive rder :o. &;; which provides thatlaws 5shall ta%e eect after 3fteen '#


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i%e the statute, the administrative regulation promulgated thereunder is subject to amendmentor repeal by the authorities that promulgated them in the 3rst place. f course, it may bechanged directly by the legislature.

Chapter 8The -uasi./udi#ial Po"er

-uasi.9udi#ial po"er is the power of the administrative agency to determine questions of factto which the legislative policy is to apply, in accordance with the standards laid down by the lawitself.

!he proper exercise of the quasi-judicial power requires compliance with two conditions, to wit"

'#) >urisdiction must be properly acquired by the administrative body

'&) ?ue process must be observed in the conduct of the proceedings

A% /urisdi#tion

Jurisdictionmay be simply de3ned as the competence of an o4ce or body to act on a givenmatter or decide a certain question.

1ithout jurisdiction, the determination made by the administrative bodies are absolutely null andwithout any legal eect whatsoever.

t is the legislature that has the power to confer jurisdiction upon the administrative body and solimit or expand its authority.

t can be said that each administrative body has its own peculiar jurisdiction as conferred upon itby the speci3c provisions of its charter.

!he law may allow some administrative bodies to award certain %inds of damages while denyingthe same power, for no apparent reason, to other administrative bodies.

@or example, the *9+ and :+ are allowed to award damages virtually to the same extent as acourt of justice. et similar authority has not been conferred by its charter to :!+.

t is a well-settled principle that unless expressly empowered, administrative agencies are bereftof quasi-judicial power.

1. Rules of Procedure

1here an administrative body is expressly granted the power of adjudication, it is deemed alsovested with the implied power to precribe the rules to be observed in the conduct of its

proceedings.

2ut to be valid, the rules must not violate fundamental rights or encroach upon constitutionalprerogatives.

2. The Subpoena Power

!he power to issue subpoena and subpoena duces tecum is not inherent in administrative bodies.

t is settled that administrative bodies may summon witnesses and require the production ofevidence only when duly allowed by law, and always only in connection with the matter they are

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authori0ed to investigate. Bnless otherwise provided by law, the agency may, in case ofdisobedience, invo%e the aid or egional !rial +ourt within whose jurisdiction the contested casefalls. !he +ourt may punish customacy or refusal as contempt.

!he *upreme +ourt distinguished between the power to 5investigate6 and the power to5adjudicate"6

5!he purpose of investigation, of course, is to discover, to 3nnd out, to learn, obtain information.:owhere included or intimated is the notion of settling, deciding or resolving a controversy involvein the facts inquired into by application of the law x x.

n the legal sense, 5adjudicate6 means to settle in the exercise of judicial authority x x. 5Adjudge6x x implies a judicial determination of a fact, and the entry of judgment.6

. The !ontempt Power

i%e the subpoena power, the power to punish for contempt is essentially judicial and cannot beclaimed as an inherent right by the administrative body.

!o be validly exercised, it must be expressly conferred upon the body and, additionally, must beused only in connection with its quasi-judicial as distinguished from its purely administrative or

routinary functions.

As a rule, where, say, a subpoena of the administrative body is disregarded, the personsummoned may not be directly discipline by that body. !he proper remedy id for theadministrative body to see% assistance of the courts of justice for the enforcement of its order.

!he power to hold in contempt must be exercised not on the vindictive, but on the preservativeprinciple.

6% Noti#e and Hearin(

!he right to notice and hearing is essential to due process and its non-observance will as a rule

invalidate the administrative proceedings. =ersons are entitled to be noti3ed of any pending caseaecting their interests so that, if they are minded, they may claim the right to appear thereinand present their side or refute the position of opposing parties.

:evertheless, there are instances when notice and hearing can validly be omitted. Among thejusti3cations for such omissions are the urgency of immediate action 'which does not precludethe enjoyment of the right at a later time without prejudice to the person aected) and the factthat the right had previously been oered but not claimed.

1. "dministrative #ue Process

1hile administrative determinations of contested case are by their nature judicial, there is norequirement for strict adherence to technical rules as are observed in truly judicial proceedings.

t is a general rule that they are unrestricted by the technical or formal rules of procedure whichgovern trials before a court. !his rule is applied to questions of evidence, pleading and othermatters.

:evertheless, it is essential that due process must be observed, for the requirements of fair playare not applicable to judicial proceedings only.

+ardinal rights or principles to be observed in administrative proceedings"

a. the 3rst of these rights is the right to a hearing8

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b. the tribunal must consider the evidence presented8

c. the tribunal must have something to support its decision8

d. evidence must be substantial evidence relevant evidence that a reasonable mindmay accept as adequate to support a conclusion

e. the decision must be rendered on the evidence presented at the hearing, or at leastcontained in the record and disclosed to the parties8

f. the court must act on its or their own independent consideration of the law and factsof controversy, and not simply accept the views of a subordinate in arriving at a decision8

g. the court should render its decision in such a manner that the parties to theproceeding can %now the various issues involved, and the reasons for the decisions

rendered

t is basic to due process that the tribunal considering the administrative question be impartial, toensure a fair decision.

!he law does not require another notice and hearing for a review of the decision of the board.

n C.@. Diolago iler !an% !ruc%s vs. :+, there was no denial of due process where thepetitioners received notice of the scheduled investigation the day before said date of the hearingor investigation but failed to present evidence. n the other hand, there was clearly such adenial where it appears that a decision rendered against a person who was not a party to or evennoti3ed of the proceedings ta%en before a labor arbiter.

C% Adinistrati!e Appeals and re!ie"

Bnless otherwise provided by law or executive order, an appeal from a 3nal decision of theadministrative agency may be ta%en to the department head, whose decision may further be

brought to the regular courts of justice, in accordance with the procedure speci3ed by law.

D% En$or#eent o$ De#ision

n the absence of any statute providing for the enforcement of an administrative determination,the same cannot be enforced except possibly by appeal to the force of public opinion.

Bsually, however, the administrative body is allowed certain sanctions that it may impose directlyfor the enforcement of its own decisions, i.e. revocation of or refusal to renew licenses,destruction of unlawful articles, summary closure of stores, refusal to grant clearances, issuanceof cease and desist orders, detention and deportation of aliens, and imposition of 3nes.

*igni3cantly, many administrative bodies, such as the *9+ and the :+, have been vested withauthority to grant provisional reliefs, such as writs of preliminary attachment or injunction,intended to ensure the enforcement of their adjudications.

t is established that administrative agencies who have not been conferred the power to enforcetheir quasi-judicial decisions may invo%e court action for the purpose.

E% Res /udi#ata

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!he general rule is that an administrative decision is not considered res judicata so as to precludeits subsequent reconsideration or revocation. ?ecisions of the previous incumbents of theadministrative body may be modi3ed or reversed by their successors in the exercise of their ownpowers of adjudication.

1here the administrative decision has been a4rmed by a court decision, the doctrine of resjudicata is applicable. !he eect of res judicata attaches to the judgment of the reviewing courtrather than to the administrative judgment.

!his rule has however been modi3ed in this jurisdiction.

t is now well-settled in our jurisprudence that the decisions and orders of administrative agencies,rendered pursuant to their quasi-judicial authority, have upon their 3nality, the force and bindingeect of a 3nal judgment within the purview of the doctrine of res judicata.

!his principle is, however, not applicable to all administrative proceedings, such proceedings thatare non-litigious and summary in nature without regard to legal technicalities obtaining in courtsof law.

Chapter :

/udi#ial Re!ie"

General Rules

An administrative decision may be appealed to the courts of justice only if the +onstitution or thelaw permits it or if the question to be reviewed is a question of law.

Eowever, jurisprudence is replete with cases where the *upreme +ourt has applied theexceptions rather than the rule.

n the case of the constitutional commission, i.e., the +ommission on 9lections, the +ommission onAudit, and the +ivil *ervice +ommission, it is provided that 5any decision order or ruling of each+ommission may be brought to the *upreme +ourt on certiorari by the aggrieved party within F;

days from receipt of a copy thereof.6

n the basis of *ec. #G of the nterim ules and /uideline implementing *ec. H 'F) of 2= 2lg. #&H,the +ourt of Appeals may 5review 3nal decisions, orders, awards or resolutions or regional trialcourts and of all quasi-judicial bodies, except the +ommission on 9lections, the +ommission onAudit, the *andiganbayan, and decisions issued under the abor +ode of the =hilippines and bythe +entral 2oard of Assessment Appeals.6

ther appeals are prescribed by special laws, such as A :o. ##&


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appeal, and with the reviewing court a petition for review of the order. +opies of the petition shallbe served upon the agency and all parties of record.

!he petition shall contain a concise statement of the issues involved and the grounds relied uponfor the review, and shall be accompanied with a true copy of the order appealed from, togetherwith copies of such material portions of the records as are referred to therein and other supportingpapers.

!he *upreme +ourt instructed certain universally accepted axioms governing judicial reviewthrough the extraordinary actions of certiorari or prohibition of determinations of administrativeo4cers or agencies"

@irst, before said actions may be entertained, it must be shown that all the administrativeremedies prescribed by law or ordinance have been exhausted8 and,

*econd, that the administrative decision may properly be annulled or set aside only upon a clearshowing that the administrative o4cial or tribunal has acted without or in excess of jurisdiction, orwith a grave abuse of discretion.

Do#trine o$ Priar& /urisdi#tion or Prior Resort

!here are two doctrines that must be considered in connection with the judicial review ofadministrative decisions"'#) doctrine of primary jurisdiction or prior resort8 and '&) the doctrine ofexhaustion of administrative remedies.

!he do#trine o$ priar& 9urisdi#tionsimpl$ calls for the determination of administrativequestions% which ordinaril$ questions of fact% b$ administrative agencies rather courtsof &ustice.

f the case is such that its determination requires the expertise, speciali0ed s%ills and %nowledgeof the proper administrative bodies because technical matters or intricate questions of facts areinvolved, then relief must 3rst be obtained in an administrative proceeding before a remedy willbe supplied by the courts even though the matter is within the proper jurisdiction of the court

Do#trine o$ E;haustion o$ Adinistrati!e Reedies

Bnder the do#trine o$ e;haustion o$ adinistrati!e reedies, an administrative decisionmust 'rst be appealed to the administrative superior up to the highest level before itma$ be elevated to a court of &ustice for review.

A% Reasons

'#) !he administrative superiors, if given the opportunity, can correct the errors committed bytheir subordinates8

'&) +ourts should as much as possible refrain from disturbing the 3ndings of administrativebodies in deference to the doctrine of separation of powers8

'F) n practical grounds, it is best that the courts should not be saddled with the review ofadministrative cases8

'() >udicial review of administrative cases is usually eected through the special civil actions ofcertiorari, mandamus and prohibition, which are available only if there is no other plain,speedy and adequate remedy.

6% E;#eptions

'#) 1hen the question raised is purely legal 'question of law is involved)8

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'&) 1hen the administrative body is estoppel8

'F) 1hen the act complained of is patently illegal8

'() 1hen there is urgent need for judicial intervention8

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2ut when it comes to the question of law, the administrative decision may be appealed to thecourts of justice independently of legislative permission or even against legislative prohibition.

!he reason is that the judiciary cannot be deprived of its inherent power to review all decisions onquestions of law, whether made initially by lower courts and more so by an administrative body.

A% -uestions o$ $a#t

9ven if allowed to review administrative decisions on questions of fact, courts of justice generallydefer to such decisions and will decline to disturb them except only where there is a clear showingof arbitrariness or grave abuse of discretion.

!he *upreme +ourt ruled in sias Academy vs. ?9 that ('ndings of administrativeagencies which have acquired e)pertise because their &urisdiction is con'ned tospeci'c matters are generall$ accorded not onl$ respect but 'nalit$.*

6% -uestions o$ La"

Administrative bodies may be allowed to resolve questions of law in the exercise of their quasi-judicial function as an incident of their primary power of regulation.

Eowever as a rule, it is onl$ the &udicial tribunal that can interpret and decide thequestion of law with 'nalit$.

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