Administrative Law Outline

Notes in Administrative Law
Emmanuel Gumiran Caddali

Chapter I
GENERAL CONSIDERATIONS
Nature
Administrative Law- branch of modern law under which the executive department of the
government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of
the individual for the purposes of promoting the well-being of the community, as under laws
regulating the following:
i.
public interest
v.
laws for the protection of
ii.
professions
public health and safety
iii.
trades and callings
vi.
promotion
of
public
iv.
rates and prices
convenience (Pound)
-
part of public law which:

i.
fixes the organization of the government;
ii.
determines the competence of the authorities; and
iii.
indicates the individual remedies for violation of rights
(Goodnow)
branch of the law which deals with the field of legal control exercised by
aw-administering agencies other than courts, and the field of control
exercised by courts over such agencies (Franfurter)
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
Aquinas University College of Law
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a. Refers to the adjudications of administrative agencies in the exercise of their quasijudicial power
Administration
Two Senses
1. Institution- U.S v. Dorr: it refers to the aggregate of individuals in whose hands the
reins of government are for the time being; it refers to the persons who actually run
the government during their prescribed terms of office
Government
Administration
- agency or instrumentality through which the - transitional in nature; it is a more or less
will of the State is formulated expressed and permanent fixture in every State
realized
2. Function- it means the actual running of the government by the executive authorities
through the enforcement of laws and the implementation of policies
As an Activity
1. Internala. covers those rules defining the relations of public functionaries inter se
b. embraces the whole range of the law of public officers
c. consists rules laid down in particular agency or office
2. Externala. defines the relations of the public office with the public in general
b. promulgated for observance by those who have dealings or transactions
with said office
c. promulgated by the administrative agency in the exercise of its quasilegislative authority for the regulation of specific matters placed under its
jurisdiction
Law
Administration
1) impersonal command provided with sanctions preventive rather than punitive and is accepted
to be applied in case of violation
to be more personal than law
2) impersonal; it is concerned only with has a more sympathetic regard for the individual
obedience to its established mandate or and seeks to spare him from punishments of the
directive
law by persuading him to observe its commands
may clarify certain ambiguous provisions in
statutes through the issuance of interpretative
regulations meant to make it easier for the
people to understand and so obey the law
Chapter II
ADMINISTRATIVE AGENCIES
Definition
Administrative Agency- a body endowed with quasi-legislative and quasi-judicial powers for the
purpose of enabling it to carry out laws entrusted to it for enforcement or execution.
o Humphrey v. US: appointed by law and informed by experience
- they will persist so long as the general public continues to rely on the
services they offer and are satisfied with their performance of their
primordial task
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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
Authority- designates both incorporated and non-incorporated agencies and
instrumentalities of the government.
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Government-owned or controlled corporation- Leyson v. Office of the
Ombudsman: refer to any agency organized as a stock or non-stock corporation vested with
functions relating to public needs whether governmental or proprietary in nature, and
owned by the government directly or indirectly or though its instrumentalities, either wholly
or applicable, as in the case of stock of corporations, to the extent of at least 51% of its
capital stock
- may be further categorized by the 1) department of budget, 2) the civil
service commission and 3) the commission on audit for the purpose of
the exercise and discharge of their respective powers, functions and
responsibilities with respect to such corporations.
Nature
Administrative bodies endowed with quasi-judicial prerogatives are essentially executive
agencies.
Court of Tax Appeals- special court exercising particular expertise on the subject of tax
o Yamane v. BA Lepanto Condominium Corporation: RA 9282, Sec. 7(a)(3)- the Court
of Tax Appeals exercises exclusive appellate jurisdiction to review on appeal
decisions, orders or resolutions if the RTC in local tax cases originally dissolved by
them in the exercise of their appellate jurisdiction.
Creation and Abolition
- may be created by the Constitution or by statute
Civil Service Commission, Commission on Elections and Commission on
Audit- independent constitutional bodies established under Article 9
Metropolitan Manila Authority- administrative body created by law
pursuant to Section 11, Article 10, in relation to Sec. 8 of the Transitory
Provisions
Classification of Administrative Bodies
1. those set up to offer some gratuity, grant or special privileges
eg. Philippine Veterans Administration
2. to carry on certain business of government
eg. Bureau of Customs
3. to perform some business service for public
eg. Bureau of Posts
4. to regulate business affected with public interest
eg. LTFRB
5. to regulate private business and individuals under the police power
eg. SEC
6. to adjust individual controversies because of some strong social policy involved
eg. NLRC
7. to make the government a private party
eg. GSIS
- can be altered or abolished only by constitutional amendment.
- if created by law, it may be reorganized pursuant to said law providing for its establishment
or another law authorizing said reorganization- if it does not involve abolition or transfer of
offices and is carried out in good faith by the person, usually the President, authorized to
effect the same, the validity of the same would have to be upheld (Bagaoisan v. National
Tobacco Administration)
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Exercise of powers:
1. discretionary
Note: the findings of the body are generally deferred by the other
departments EXCEPT where
they arrived at with such obvious
arbitrariness as to constitute a violation of due process
2. ministerial- no judgment or discretion is required or is allowed in their exercise
eg.
a) duty of the RD to annotate a lie on a Torrens certificate
b) of the Commission on Elections to give due course to a certificate
of candidacy duly accomplished and seasonably filed (Abcede v.
Imperial)
c) of the COA to allow claims for salaries under certain conditions
(Riel v. Wright)
o RCPI v. NTC: the jurisdiction and powers of administrative agencies are limited to
those expressly granted or necessary implied from those granted in the legislation
creating such bodies.
-qualified political agency- the power of the President to reorganize the National
Government may validly be delegated to his cabinet members exercising control over a
particular executive department (DENR v. DENR Region 12 Employees)
Advantages
1) expertise derived from specialized training and experience
2) adaptability to change and ease in reacting to a new and even emergency situations
3) more resilient
4) they can initiate action and not simply wait for their jurisdiction to be invoked
5) they may proceed to the solution of the problems confided to their attention with more
expeditiousness
6) they are created by the legislature to address new social problems and vest in said agencies
broad guidelines for the resolution of said problems
Relation to Regular Departments
1. legislature
i.
acts as an agent of the law-making body and so is bound to obey and implement the
legislative will
ii.
may be abolished and its incidents may be altered by the legislature
2. executive
i.
comes under the constitutional control of the President- cannot be withdrawn or
limited even by the legislature
ii.
the President may issue his own orders to the administrative agency and review and,
if necessary reverse its decision
3. judicial department/courts
i.
they cannot be deprived of their inherent power to decide all questions of law,
particularly if they have been initially resolved by the administrative bodies only
(Medalla v. Sayo)
ii.
can review, or even reverse, the administrative acts even the Chief of Executive
o Montes v. Civil Service Board of Appeals: the legality of the acts of the President is under
the judicial review because the law is above the President himself, and the courts seek
only to interpret, apply or implement it.
iii.
may also review the factual findings of administrative offices by authority of law or
under due process of clause if such determinations have been made arbitrarily
Note: they may review administrative adjudications only as a last resort and,
usually, only when questions of law are involved
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Chapter III
POWERS OF ADMINISTRATIVE AGENCIES
I.
quasi-legislative authority or rule-making power

- the power of subordinate legislation and permits the body to
promulgate rules intended to carry out of the provisions of particular
law
- jurisdiction of the administrative body in applying for the future
- public
- authority delegated by the law-making body to the administrative
body to adopt rules and regulations intended to carry out the
provisions of a law and implement a legislative policy
Administrative Rule
- any agency statement of general applicability that
implements or interprets a law, fixes and describes the procedures in, or practice
requirements of, an agency, including its regulations.
- includes memoranda or statements concerning the
internal administration or management of an agency not affecting the rights or procedure available
to, the public.
Rule-making- an agency process for the formulation, amendment, or repeal of a rule
Administrative regulations- intended only to implement the law and to carry out
legislative policy
o Smart Comm., Inc. v. NTC
Quasi-Legislative or Rule- Making Power
Quasi-judicial or Administrative Adjudicatory
Power
1. the power to make rules and regulations the power to hear and determine question of
which results in delegated legislation that is fact to w/ch the legislative policy is to apply and
within the confines of the granting statute and to decide in accordance with the standards laid
the doctrine of non-delegability and separability down by the law itself in enforcing and
of powers
administering the same law
2. rules and regulationswhen it performs in a judicial manner an act
a. products of a delegated legislative power
which is essentially of an executive or
b. little laws
administrative nature, where the power to act in
c. may be reviewed and nullified by the courts if
such manner is incidental to or reasonably
found to have been issued not in compliance
necessary for the performance of the executive
with the requisites for their validity
or administrative duty entrusted to it
Requisites:
i. germane to the objects and purposes of the
law
ii. in conformity with the standards prescribed by
law.
Note: the details and manner of carrying statute
out are oftentimes left to the administrative
agency entrusted with their enforcement
(Commissioner of Internal Revenue v. Solidbank
Corporation)
3. in case of conflict between a statute and administrative officers or bodies- required to
Page 6

administrative order, STATUTE prevails
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
Eastern Telecommunications Phils., Inc. v. International Comm. Corp.: quasi-legislative

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
Sta. Rosa Realty Devt Corp. v. Amante: TWO-FOLD JURISDICTION OF DAR- 1) executivepertains 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
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 shall the discretion to determine how the law 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
Notes: 1) the delegation should be canalized within the banks that
keep it from overflowing (Schecter Poultry v. US)
2) a surrender of a legislative power to the delegate is
prevented
3) the legislature is not reqd to provide a detailed standards
for administrative action
- Tests of Delegation
1. completeness test
The law must:
a. be complete in all its terms and conditions
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.
Page 7

o
o
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
Calalang v. Williams: Accepted sufficient standards- 1) public interest, 2) simplicity, 3)
economy and efficiency and 4) public welfare
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
II.
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
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
Source: 1) incidental to the power of regulation vested in the
administrative body, 2) expressly conferred by the legislature through
specific provisions in the charter of agency
Rationale: to enable the administrative officers to perform their
executive duties
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-
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 or operation
b) power of the SEC to 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 newly-constructed 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
Commission on Elections v. Espanol: the Commission has the authority to grant immunity
from suit to those who have committed election offenses but volunteered to give
information and testify to any violation of election laws.
(2) summary- those involving the use by administrative
authorities of force upon persons or things without
the necessity of previous judicial warrant
eg.
a) padlocking by the mayors office
of filthy restaurants or movie
houses exhibiting obscene movies
b) shooting down a mad dog on the
loose
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c) taking over by the BSP of
mismanaged banks
d) confiscation by the customs
authorities of articles which are
prohibited per se
(3) examining- enables administrative body to inspect
the records and premises, and investigate the
activities, of persons or entities coming under its
jurisdiction (ISIC-BIW-PFP)
i. issuance of subpoenas
ii. swearing in of witnesses
iii. interrogation of witnesses
iv. calling for production of books, papers and
records
v. requiring that books, papers and records be
made available for inspection
vi. inspection of premises
vii. requiring written answers to questionnaires
viii. requiring periodic or special reports
ix. requiring the filing of statements
x. requiring physical and medical examinations in
certain cases
- allows many administrative agencies to
actually 1) conduct hearings, 2) issue writs
of preliminary injunction and 3) punish for
contempt
Chapter 4
QUASI-LEGISLATIVE POWER
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
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
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4) issued by the administrative body pursuant to issued by the administrative body as an incident
a valid delegation of administrative body of its power to enforce the law and is intended
pursuant to a valid delegation of legislative power merely to clarify its provisions for proper
observance by the people
5) intended to have the binding force and effect merely persuasive and is received by the courts
of a law enacted by the legislature itself
with much respect but finality
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
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.
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o
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 break traffic laws
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 Luzon Polymers Corp. v. Clave: an administrative agency cannot amend the law it seeks
to implement
o Phil. Bank of Comm., v. CIR: the non-retroactivity of rulings by the CIR is N/A where the
nullity of a Revenue Memorandum Circular was declared b the busy courts and not by
the CIR.
o Phil. Assoc. of Service Exporters, Inc. v. Torres: DOLE circulars for taking over of the
business of deploying domestic helpers to HK is valid.
o CIR v. CA: administrative issuances must not override but must remain consistent and
in harmony with the law they seek to apply and implement.
Department zeal may not be permitted to outrun the authority conferred by
the statute.
o Phil. Interisland Shipping Assoc. of the Phils. v. CA: as the President could delegate the
ratemaking power to the PPA, so he could exercise it in specific instance without
thereby withdrawing the power vested by the P.O No. 857, Sec. 20(a) in the PPA to
impose, fix, prescribe, increase or decrease such rates, charges or feesfor the services
rendered by the Authority or by any private organization within a Port District.
determinative factors WON an act is a law or an administrative issuance1)nature, 2)source
The Congress may intervene anytime despite the existence of administrative
agencies entrusted with wage-fixing powers, by virtue of the formers plenary
power of legislation
o Legaspi v. Minister of Finance: letters of instruction- 1) simply directives of the
President, issued in the exercise of his administrative power of control, to heads of
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departments and/or officers under the executive branch of the government for
observance by the officials and/or employees thereof, 2) cannot be a valid source of
obligation
Bito-onan v. Fernandez: the LIGA, although strictly not a LGU, is subject to the
Presidents power of general supervision but not power of control; Rationale- the
power of the DILG Secretary to interfere with local affairs should be resolved in favor of
the greater autonomy of the LGU.
Administrative rules and regulations are subject to judicial review.
Luz Farms v. Sec. of Agrarian Reform: livestock, swine and poultry-raising are industrial
activities and do not fall within the definition of agriculture or agricultural activity.
(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)
o
Maceda v. ERB: while under EO No. 172, a hearing is indispensable, it does not preclude
the Board from ordering, ex parte, a provisional increase
o Freedom from Debt Coalition v. ERC: ERCs power to fix prices and make rates must be
conferred by the statutory or constitutional language that is free from doubt, and admits
of no reasonable construction.
o RCPI v. NTC: courts do not interfere with administrative action prior to its completion or
finality.
o Phil. Consumers Foundation, Inc. v. Sec. of Education Culture and Sports:
Power granted to the education department to regulate the educational system
of the country includes the power to prescribe school fees
legislative function- the grant of prior notice and hearing to the affected parties
is not a requirement of due process; quasi-judicial function- prior notice and
hearing are essential to the validity of such rates, eg. where the rules and rates
imposed apply exclusively to a particular party
o Tanada v.Tuvera:
Publication must be in full or it is no publication at all; Rationale- its purpose is
to inform the public of the contents of the law.
i.
those general in application; and
ii.
penal in nature
EXCEPTION: Interpretative regulations and those merely internal in
nature, that is regulating only the personnel of the administrative agency and not the public, need
not be published.
o CIR v. CA: if it substantially adds to or increases the burden of those governed, it
behooves the agency to accord at least those directly affected a chance to be heard, and
thereafter to be duly informed, before that new issuance is given the force and effect of
law
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o
o
Pesigan v. Angeles: publication is necessary 1) to apprise the public of the contents of

the regulations and 2) make the said penalties binding on the persons affected thereby.
Phi. Intl Trading Corp. v. COA: publication is required as a condition precedent to the
effectivity of a law to inform the public of the contents of the law or rules and
regulations before their rights and interests are affected by the same.
PPA Employees Hired After July 1, 1998 v. COA: the government officials and employees
concerned should be apprised and alerted by the publication of DDM-CCC No. 10 (which
completely disallows the payment of allowances and other additional compensation to
government officials and employees starting Nov. 1, 1989) in the Official Gazette or in a
newspaper of general circulation in the Philippines.
Senate of the Phils. v. Ermita: publication is necessary if the subject of such law is a
matter of public interest which any member of the body politic may question in political
forums, or, if he is a proper party, even in courts of justice; E0 464- has a direct effect on
the rights of the people to information on matters of public concern; due processrequires that the people should have been apprised of its issuance before it was
implemented
P. v. Que Po Lay: before the public is bound by its contents, especially its penal
provisions, a law, regulation or circular must first be published and the people officially
informed of said contents and penalties.
P. v. Veridiano: the usual 15-day period required for the effectivity of an administrative
rule or regulation is reckoned on the date of release for the circulation of said edition in
the Official Gazette; Exception- special publication
Other requisites provided in Administrative Code
every agency shall file w/ the UP Law Center 3 certified true copies of every
rule adopted by it;
prescription- 3 mos.
Gen. Rule: each rule shall become effective 15 days from the date of filing;
Exceptions- 1) if a different date is fixed by law; 2) specified in the rule in
cases of imminent danger to public health, safety and welfare
must be filed with the National Administrative Register
Phil. Assoc. of Service Exporters, Inc. v. Torres:
The vesture of quasi-legislative and quasi-judicial powers in administrative bodies
is not unconstitutional, unreasonable and oppressive.
The power to restrict and regulate conferred by Art. 36 of the Labor Code involve
a grant of police power.
Administrative rules and regulations must be published if their purpose is to
enforce or implement existing law pursuant to a valid delegation.
Misamis Oriental Assoc. of Coco Traders, Inc. v. Dept. of Finance Sec.:
PUBLIC PARTICIPATION
i.
If not otherwise required by law, an agency shall, as far as practicable,
publish or circulate notices of proposed rules and afford interested parties
the opportunity to submit their views prior to the adoption of any rule.
ii.
In the fixing of rates, no rule or final order shall be valid UNLESS the
proposed rates shall have been published in a newspaper of general
circulation at least 2 weeks before the first hearing thereon.
iii.
In case of opposition, the rules on contested cases shall be observed.
(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.
Page 14

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):

(1) The law itself must make violation of the administrative regulation punishable.
(2) The law itself must impose and specify the penalty for the violation of regulation.
(3) The regulation must be published.
o BPI Leasing Corp. v. CA: Gen. Rule- statutes, including administrative rules and
regulations, operate prospective only; Exception- if the legislative intent to the
contrary is manifest by express terms or by necessary implication
o Phil. Global Comm., Inc. v. Relova: opinions of the Sec. of Justice are material in the
construction of statutes of the same matter.
o Hidalgo v. CIR: an administrative officer may revoke, repeal or abrogate the acts or
previous rulings of his predecessor in office.
Enforcement
The power to promulgate administrative regulations:

1) carries it with it the implied power to enforce them; or
2) includes the power to issue opinions and rulings to enable the administrative agency
to properly execute said regulations (Peralta v. CA)
How? 1) via judicial action, 2) via sanctions
It is the statute creating the administrative body that will provide for the means by which
the administrative regulations will be enforced.
Amendment or Repel
The administrative regulation made thereunder is
subject to amendment or repeal by the authorites that
promulgated them in the first place.
Page 15

Chapter 5
THE QUASI-JUDICIAL POWER
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 certiorari, in the
absence of an express grant in R.A No. 6657, E.O No. 229 and E.O No. 129-A.
Requisites of quasi-judicial power:

1. Jurisdiction must be properly acquired by the administrative body.
JURISDICTION- competence of an office or body to act on a given matter or to
decide a certain question
legislaturehas the power to confer jurisdiction upon the administrative body
and so limit or
expand its authority
o PCGG v. Pena: in the exercise of quasi-judicial functions, the
Commission is a co-equal body with the RTC and co-equal
bodies have no power to control the other
o Carino v. CHR:
CHR- have no jurisdiction in adjudicatory powers over
certain specific type of cases like alleged human rights
violations involving civil or political rights
The most that may be conceded by to the CHR in the
way of adjudicative power is that it may investigate;
fact finding- not adjudication
The Constitution clearly and categorically grants to the
Commission the power to investigate all forms of
human rights violations invoking civil and political
rights.
CHR cannot try and decide cases as courts of justice or
even quasi-judicial bodies do.
The Commission should not try to resolve on the merits
involve in Striking Teachers HRC Cases- within the
original jurisdiction of the Secretary of Education and
also within the appellate jurisdiction of CSC.
o Ilocos Sur Electric Cooperative, Inc. v. NLRC: National
Electrification Administration- has no power to hear and
decide termination cases of employees in electric cooperatives.
Page 16

o
ERB v. CA: National Power Corporation- not the proper

authority to hear and decide cases involving direct power
connection; Department of Energy- has jurisdiction over the
regulation of the marketing and distribution of energy
resources.
o Intl Broadcasting Corp. v. Jalandoon: SEC- had jurisdiction
over any intra-corporate controversy which may have arisen
from said ownership.
NLRC- allowed to award damages virtually to the same extent as court of justice;
NTC- not applicable
o Manila Electric Company v. CA: regular court- has the power to
adjudicate cases involving violations of rights which are legally
demandable and enforceable.
o Global Wireless Ltd. v. PSC: the jurisdiction and powers of
administrative agencies are limited to those expressly granted
or necessarily implied form those granted in the legislation
creating such body; any order without or beyond jurisdiction is
void and ineffective.
o PLDT v. Eastern Telecomm. Phils.,: franchises- always
interpreted strictly against the franchise holder.
o Lepanto Consolidated Mining Compnay v. WMC Resources Intl
Pty. Ltd: Mines and Geosciences Bureau- has jurisdiction over a
controversy pertaining to mining rights.
o Boiser v. CA: regular courts- have the power to adjudicate
breach of contract cases as well as award moral and exemplary
damages.
o Pilipinas Shell Petroleum Corp. v. Oil Industry Commission:
administrative agencies are bereft of quasi-judicial powers
unless expressly empowered.
o Republic v. Marcopper Mining Corp.: Mines Regional Directorhas express and administrative and regulatory powers over
mining operations and installations; Pollution Adjudication
Board- has adjudicative powers for violation of pollution control
statutes and regulations.
o Davao New Town Devt Corp. v. COSLAP: COSLAP- its
jurisdiction is confined only to disputes over lands in which the
government has proprietary or regulatory interest.
o Natl Federation of Labor v. Eisma: labor arbiter- had the power
to award damages arising from picketing
COMELECvested with jurisdiction over an election contest involving a
provincial governor or a city mayor as well as empowered to award actual or compensatory
damages.
HLURBhas jurisdiction over cases involving sales of subdivision lots
o Southern Cross Cement Corp. v. Cement Manufacturers Assoc. of
the Phils.: DTI- has no intrinsic right, absent statutory authority,
to reverse the findings of the Tariff Commission.
(1) Rules of Procedure
o Angara v. Electoral Commission: doctrine of implication- where
an administrative body is expressly granted the power of
adjudication; it is deemed also vested with the implied power to
Page 17

prescribe the rules to be observed in the conduct of its
proceedings.
o Provident Tree Farms, Inc. v. Batario, Jr: the agency may adopt
any reasonable method to carry out its functions.
o Phil. Lawyers Assoc. v. Agrava: the rules must not violate
fundamental rights or encroach upon constitutional prerogatives.
o Agusmin Promotional Enterprises, Inc. v. CA: administrative
rules of procedure- should be construed liberally; Rationale- 1)
to promote their object, 2) to assist the parties in obtaining a
just, speedy and inexpensive determination of their respective
claims and defenses.
o Samalio v. CA: the provisions of the Rules of Court may be
applied suppletorily to the rules of procedure of administrative
bodies exercising judicial powers unless otherwise provided by
law or the rules of procedure of the administrative agency
concerned.
o Art. 8, Sec. 5(5): rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the
SC.
o DARAB v. Lubrica: the power of administrative agencies to
promulgate rules of procedure does not or cannot be construed
as allowing it to grant itself jurisdiction; Rationale- rules of
procedure- remedial in nature; cover only rules on pleadings and
practice
(2) The Subpoena Power
- not inherent
- may summon witnesses and require the production of evidence only 1)
when duly allowed by law, and 2) always only in connection with the
matter they are authorized to investigate
- may be expressly granted in the charter of the administrative body, eg.
NLRC, CSC
o Carmelo v. Ramos: authority to conduct an investigation does
not necessarily mean it can also summon witnesses and take
testimony in the absence of a clear grant of this power from the
legislature
o Carino v. CHR: investigate- to follow up step by step by patient
inquiry or observation; adjudicate- to settle in the exercise of
judicial authority
o Pascual v. Board of Medical Examiners:
The constitutional guarantee against self-incrimination
extends to administrative proceedings which possess a
criminal or penal aspect.
Board of Medical Examiners cannot compel the person
proceeded against to take the witness stand without his
consent.
o Manalo v. Roldan-Confesor: the administrative determination of
facts and the consequent imposition of suspension/revocation of
Authority/License do not make the proceedings criminal.
(3) The Contempt Power
- essentially judicial and cannot be claimed as an inherent right by the
administrative body.
Page 18

o
Tolentino v. Inciong: A labor officials power to hold a person for

contempt for refusal to comply with its order cannot extend to a
CFI judge; remedy of administrative official- seek a dismissal of
the case before the court precisely on the ground that the matter
did not fall within the domain of the powers conferred on it.
o Dumarpa v. Dimaporo: the power to hold in contempt must be
exercised on the preservative principle.
o Land Bank of the Phils. v. Listana: quasi-judicial agencies that
have the power to cite persons for indirect contempt can only do
so by initiating them in the proper RTC.
2. Due process must be observed in the conduct of the proceedings.
Notice and hearing- essential to due process
Rationalethey may claim the right to appear therein and present their
side or refute the position of opposing parties
Gen. Rule: denial of the right to notice and hearing will render the administrative
proceedings null and void for denial of due process; Exceptions: 1) urgency of the immediate action,
2) tentativeness of the administrative action, 3) the right had previously been offered but not
claimed, eg. summary abatement of a nuisance per se
(1) Administrative Due Process
Administrative tribunals are unrestricted by the technical or formal rules of procedure which
govern trials before a court, especially where the administrative order has the effect of only
prima facie evidence.
o Cadalin v. POEA Administrator: technical rules of procedure and
evidence- cardinal rules which must be observed by the hearing
officers in order to comply with the due process requirements of
the Constitution.
o Ang Tibay v. CIR
CARDINAL RIGHTS OR PRINCIPALS TO BE OBSERVED IN ADMINISTRATIVE PROCEEDINGS:
(1) right to a hearing- includes the right of the party interested or affected to present his own
case and submit evidence in support thereof;
(2) the tribunal must consider the evidence presented;
(3) the evidence must have something to support its decision;
(4) the evidence must be substantial- relevant evidence as a reasonable mind might accept as
adequate to support a conclusion; Rationale- to free administrative boards from the
compulsion of technical rules
(5) the decision must be rendered on the evidence presented at the hearing, or at least
contained in the record and disclosed to the parties affected; boards of inquiry- their
report and decision are only advisory
(6) the Court of Industrial Relations or any of its judges, therefore, must act on its or his own
independent consideration of the law and facts of the controversy, and not simply accept
the views of a subordinate in arriving at a decision;
(7) the Court of Industrial Relations should, in all controversial questions, render its decision in
such a manner that the parties to the proceeding can know the various issues involved and
the reasons for the decisions rendered
o Montemayor v. Bundalian:
The burden is on the complainant to prove by substantial
evidence the allegations in his complaint.
Administrative decisions of the executive branch of the
government must be respected so long as they are
supported by substantial evidence.
Page 19

o
o
o
o
o
o
o
o
Administrative decisions in matters within the executive

jurisdiction can only be set aside on proof of 1) gross abuse
of discretion, 2) fraud, or 3) error of law.
Zambales Chromite v. CA: it is grave abuse of discretion for a
department secretary to review his own decision while Director of
Mines; remedy- he should ask his undersecretary to review a
decision rendered by him.
Rivera v. CSC: the reviewing officer must be other than the officer
whose decision is under review.
Corona v. CA: the aggrieved party should not be one and the same
official upon whose lap the complaint he has filed may eventually
fall on appeal; nemo potest esse simul actor et judex- No man can
be at once a litigant and judge.
Caoile v. Vivo: the law does not require another notice and hearing
for a review of the decision of the board of special inquiry on the
basis of the evidence previously presented.
Marvel Bldg. v. Ople: no denial of due process if petitioners
received notice of the scheduled investigation the day before said
date of the hearing or investigation
Alvarez v. Ople: there was denial where the decision was rendered
against a person who was not a party to or even notified of the
proceedings taken before a labor arbiter.
Globe v. NTC: hearing is essential before a fine may be imposed.
Pefianco v. Moral: administrative resolution- basis for any further
remedies that a respondent in an administrative case might wish to
pursue.
Sec. of Justice v. Lantin: Reqts of Quasi-Judicial Proceeding- 1)
taking and evaluation of evidence, 2) determining facts based on
the evidence presented, 3) rendering an order or decision
supported by the facts proved.
Phil. Merchant Marine School Inc. v. CA: findings of fact of
administrative departments are generally accorded respect, if not
finality, by the courts.
American Tobacco Co. v. Dir. of Patents: the officer who makes the
determination must consider and appraise the evidence which
justifies them.
Valladolid v. Inciong: no denial of the right to due process on the
basis of position papers submitted by the parties.
GMCR, Inc. v. Bell Telecomm. Phils. Inc.: the vote alone of the
Chairman of Commission is not sufficient to legally render an NTC
order, resolution or decision.
Quiambao v. CA: where opportunity to be heard either through
oral arguments or through pleadings is accorded, there is no denial
of due process.
Autencio v. Manara: appeal/motion reconsideration- remedy to
cure defects in procedural process
Boyboy v. Yabut: Gen. Rule- trial-type proceeding is not required;
Exception- where the findings are necessarily to be based on the
credibility of the witnesses or complaints.
NAPOCOR v. Chiong:
Page 20

ELEMENTS OF DUE PROCESS:
(1) there must be a court or tribunal clothed with judicial power to hear and determine the
matter before it;
(2) jurisdiction must be lawfully acquired over the person of the defendant or property which is
the subject of the proceedings;
(3) the defendant must be given an opportunity to be heard; and
(4) judgment must be rendered upon lawful hearing.
o Javier v. COMELEC: the judge must not only be impartial but must
also appear to be impartial as an added assurance to the parties that
his decision will be just.
o ERB v. CA: complainants have the burden of proving by substantial
evidence the allegations in their complaints.
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, Rationalejudicial 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.
Page 21

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.
o Industrial Power Sales, Inc. v. Sinsuat: Requisites of Judicial Review- 1) it must be
shown that all the administrative remedies prescribed by law or ordinance have
been exhausted, 2) administrative decision may be properly be annulled or set aside
only upon a clear showing that the administrative official or tribunal has acted
without or in excess of jurisdiction, or with grave abuse of discretion.
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.
Page 22

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;
4) Judicial reviews of administrative cases are available only if there is no other plain,
speedy and adequate remedy.
Others: (Batelec case)
1) law
2) comity
3) convenience
o UP v. Catungcal: administrative agency, if afforded a complete chance to
pass upon the matter, will decide the same correctly.
o Paat v. CA: the premature intervention of courts is fatal to ones cause of
action.
Exceptions:
1) when the question raised is purely legal;
o Valmonte v. Belmonte: interpretation of the scope of
his constitutional right to information
2) when the administrative body is in estoppel;
3) when the act complained of is patently illegal;
4) when there is urgent need for judicial intervention;
5) when the claim involved is small:
6) when irreparable damage will be suffered;
7) when there is no other plain, speedy and adequate remedy;
8) when strong public interest is involved;
9) when the subject of the controversy is private land;
10) in quo warranto proceedings
o Hoskyns v. Natl City Bank of NY: it is discretionary upon the court to permit
an aggrieved party to institute a court action without first resorting to an
administrative remedy for the purpose.
does not apply when the assailed act pertained to administrative
agencys rule-making or quasi-legislative power.
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.
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
Page 23

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.
A failure to exhaust administrative remedies may also constitute
forum shopping- exists when both actions involve the same
transactions, same essential facts and circumstances and raise
identical causes of action, subject matter and issues.
o Sunshine Transportation, Inc. v. NLRC: a motion for reconsideration must be
filed before the special civil action for certiorari may be availed of.
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 reexamine the sufficiency of the evidence as if originally instituted therein, and receive
additional evidence, that was not submitted to the administrative agency concerned.
Page 24

o
Osias Academy v. DOLE: administrative agencies which have acquired expertise because
their jurisdiction is confined to specific matters are generally accorded not only respect but
even finality.
Protectors Services Inc. v. CA: the opinions and rulings of officials of the government called
upon to execute or implement administrative laws command respect and weight.
Gen Rule: factual findings of administrative agencies that are affirmed by the Court
of Appeals are conclusively upon and generally not reviewable by this Court.
Exceptions:
1) when the findings are grounded entirely on speculation, surmises or
conjectures;
2) when the interference made is manifestly mistaken, absurd or impossible;
3) when there is grave abuse of discretion;
4) when the judgment is based on a misapprehension of facts;
5) when the findings of fact are conflicting;
6) when in making its findings, the Court of Appeals went beyond the issues of
the case, or its findings are contrary to the admissions of both appellant and
the appellee;
7) when the findings are contrary to the trial court;
8) when the findings are conclusions without citation of specific evidence on
which they are based;
9) when the facts set forth in the petition as well as in the petitioners main
and reply briefs are not disputed by respondent;
10) when the findings of fact are premised on the supposed absence of evidence
and contradicted by the evidence on record; and
11) when the CA manifestly overlooked certain facts not disputed by the parties,
which if properly considered, would justify a different conclusion.
Page 25

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Emmanuel Gumiran Caddali

part of public law which:

Object and Scope of Administrative Law

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Notes in Administrative Law

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Notes in Administrative Law

quasi-legislative authority or rule-making power

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investigate facts or ascertain the existence of

Eastern Telecommunications Phils., Inc. v. International Comm. Corp.: quasi-legislative

Associated Comm., & Wireless Services-United Broadcasting Networks v. NTC:

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b. offer a sufficient standard to 1) specify the limits of

2. sufficient standard test- standard must be fixed, the limits of which

quasi-judicial power or adjudicatory function

eg. NLRC- its decisions are reviewable on

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Notes in Administrative Law

quasi-judicial- merely a convenient way of approving the exercise of

Notes in Administrative Law

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Notes in Administrative Law

Requisites of Valid Administrative Regulation (P-SAR):

Araneta v. Gatmaitan: By virtue of his constitutional power of control, the President

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Notes in Administrative Law

(3) It must be promulgated in accordance with the prescribed procedure.

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Notes in Administrative Law

Pesigan v. Angeles: publication is necessary 1) to apprise the public of the contents of

(4) It must be reasonable.

Notes in Administrative Law

Special Requisites of a Valid Administrative Regulation with a Penal Sanction (MIP):

The power to promulgate administrative regulations:

Aquinas University College of Law

Notes in Administrative Law

Gudminidson v. Cardollo: it is the power of the administrative agency to determine

Requisites of quasi-judicial power:

Aquinas University College of Law

Notes in Administrative Law

ERB v. CA: National Power Corporation- not the proper

Aquinas University College of Law

Notes in Administrative Law

Notes in Administrative Law

Tolentino v. Inciong: A labor officials power to hold a person for

Notes in Administrative Law

Administrative decisions in matters within the executive

Aquinas University College of Law

Notes in Administrative Law

Notes in Administrative Law

Aquinas University College of Law

Notes in Administrative Law

Land Car, Inc. v. Bachelor Express, Inc: the doctrine of administrative

Notes in Administrative Law

arises as to what the law is on a certain state of