paoloSANMATEO

Administrative Law, De Leon 2003

Administrative Law
It is that branch of modern law under which the executive
department of Government acting in a quasi-legislative or
quasi-judicial capacity, interferes with the conduct the
individual for the purpose of promoting the well-being of the
community as under the laws regulating public corporations,
business affected with public interest, professions, trades and
callings, rates and prices, laws for the protection of the public
health and safety and the promotion of public convenience
and advantage. -DEAN ROSCOE POUND
(BEIW)

Branch of modern law

Executive department (Quasi-Judicial & QuasiLegislative)

Interferes with the conduct of individuals

For the purpose of the well-being of the community

Scope of Administrative Law

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The true field of Administrative law refers only to the external
aspect of public administration (narrower bulk of public
administration).
CALLING MR. PING GUERERO and MS. FE PEA! Hahahah
#PUSO

Principal Subdivisions of Administrative law (I GA -EAP)

1.Internal Administration treats the legal relations
between the government and its administrative officers,
and of the legal relations that one administrative officer or
organ bears to another among others.
2.External Administration Concerned with legal relations
between
Administrative
authorities
and
private
interests.
-

Survey of powers
Analysis of scope and limits of such powers
Account of the sanctions, means of enforcing, official
determinations.
Examination of remedies against official action

(OEPA-RJRE)
-Organization
-Enforcement and Execution
-Public Officers
-Administrative Agencies
-Remedies
-Judicial Review
-Rules and regulations implementing Laws
-Established Jurisprudence

Classification of Administrative law

Administrative Authorities all those public officers and

organs of the government that are charged with the
amplification, application and execution of the law, but do not
include, by virtue of the doctrine of separation of powers
Congress and regular courts

As to its purpose (P-S)

- Adjective or procedural administrative law (AGENCY must
follow)
- Substantive Administrative law (ESTABLISH primary right
and duties)

CONCERNS (P-D)

As to applicability (G-S)
-General Administrative Law
-Special or particular administrative
particular agencies)

1. Private rights
2. Officers and agencies exercising delegated powers
ADMIN LAW v. INTERNATIONAL LAW

Administrative law lays down rules which shall guide

the officers & Agencies while International law is not
binding upon them except when adopted as
administrative law of the state.
ADMIN v CONSTI
Constitutional Law (GTL)
Prescribes
general
plan
or
framework
of
governmental organization
Treats
rights
of
individuals
Prescribes limitations
on
the
power
of
the
government
ADMIN v. CRIM

Administrative Law (P-RE-R)

Gives out plans in its
minutes details.

As to source (C-M)
- the law that controls administrative authorities
- the law made by administrative authorities

law

(pertains

Origin and development of Administrative

(RecognitionMultipliedGrowthFusionLaw)
-

to
law

Recognition as distinct category of law-Due to

rapid expansion of administrative agencies and
increased functions that substantial body of
jurisprudence has been developed.
Multiplied Government functions
Growth and utilization of administrative agencies
Fusion of Different powers of government in
Administrative Agencies
Law in the Making

Stress upon rights &

emphasizes
government
powers and duties of Citizens
Remedies
for Advantages of Administrative Process
violation of their rights
Administrative Process includes the whole series of acts
of an administrative agency
whereby the legislative
delegation of a function is made effectual in particular
situations. (S-L-M)

Criminal Law Defines and penalizes crimes while the most

efficient means of enforcing Administrative rule is to give it a
penal sanction but does not deprive such rule of its
administrative character.
ADMIN v. PUBLIC ADMINISTRATION
Public Administration has to do with practical management,
direction of various organs of state, execution of state policies
by the executive and administrative officers entrusted with
such functions

Advantages of Administrative adjudication as compared with

executive action
-uniformity and impersonality of action
-Resort to administrative process as an alternative to
executive action
Limitations upon the powers of courts
-involves discretion with respect to future conduct, hence, will
not be undertaken by the courts.
Trend towards preventive legislation
-flexible and preventive remedies
-Prevention in licensing statutes

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Administrative Law, De Leon 2003

Limitations upon effective legislative action

-Administrative functions could not be directly performed by
congress. Limitations inherent in legislative process. (time is
gold, wala silang oras hahaha)

Limitations upon exclusively Judicial enforcement

-courts vary in their application as laws

Advantages of continuity of attention and clearly allocated

responsibility
-administrative agencies have the time and facilities to
become and continuously informed with unified responsibility
for effectuating the broad policies laid down by congress.

Definition - Power to issue administrative rules

regulations or general orders which are legally binding

and

Source - Legislature thru valid delegation

Need for organization to dispose of volume of business to

provide the necessary records
Criticisms of Administrative process (AL2BDC)
-Arbitrariness
-lacking Legal knowledge
-Bias
-lacking Standard rules
-Disregard of safeguards
-Combination of executive, legislative, and judicial functions

Administration of Government Administrative officers

Administration of Justice- Judicial Officers

Administration
Function
- is the execution, in non-judicial matters, of the law or will of
the state as expressed by the competent authority

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Organization
Group of aggregate of persons in whose hands the reins of the
government are for the time being (U.S. v DORR).
GOVERNMENT
aggregate of institutions by which an independent society
makes and carries out those rules of action which are
necessary to enable men to live in a social state, or which are
imposed upon the people forming that society by those who
possess the power or authority of prescribing them.
Government is the aggregate of authorities which rule a
society (US v. DORR).
CHAPTER II

Quasi-Judicial Power or Adjudicatory powers

Definition - Power of the administrative authorities to make
determinations of facts in the performance of their official
duties and to apply the law as they construe it to the facts so
found.
Source Legislation
Determinative powers of an administrative agency
- enabling powers
- directing powers
dispensing power
summary powers
examining powers
ADMINISTRATIVE AGENCY
Filled with experts in their
particular fields
Performs variety of functions
(primarily regulatory
Uses
varying
degree
of
discretion without being bound
by technical rules of evidence or
procedure

COURT
Presided by one or more jurist
learned in law
Limited to Judicial function
Governed by the fix rules in
arriving at decisions (i.e. Rules
of Court)

Characteritics of Administrative Agencies (S2R-V)

-Size
-Specialization
-Responsibility for results (with a particular statutory end
-Variety of administrative duties
Four types of Delegation of Function and Authority
(IRDF)
a. Delegation of Internal Management
b. Delegation of authority to dispose of routine matters
c. delegation of authority to dispose of matters informally,
or to initiate formal proceedings
TYPES OF ADMINISTRATIVE AGENCIES
(OCBRUA)

ADMINISTRATIVE AGENCY
A body endowed with quasi-legislative and quasijudicial powers for the purpose of enabling it to carry out the
laws entrusted to it for enforcement or execution.
An organ of government, other than a court and other than
a legislature, which affects the rights of private parties
through either adjudication or rule making.
Creation and Abolition (CSB)
- Constitution
- Statute; or
- by authority of law
Purpose -Regulation of private rights for

Delegation - Completeness test / Sufficient standard test

public welfare

Directly created Administrative Agencies

COA, CSC, COMELEC, OMBUDSMAN, CHR
POWERS OF ADMINISTRATIVE AGENCIES
Quasi-legislative or Rule Making power

a. Offering some Gratuity (SSS, GSIS, PAO)

b. seeking to carry on certain functions of government
(BIR, LRA,)
c. Performing business service for the public (NFA, NHA)
d. set up to function in situations wherein government is
seeking to regulate businesses affected with public
interest
(LTFRB)
e. seeking under the police power to regulate private
business and individuals
f. seeking to adjust individual controversies because of
some strong policy involved (NLRC, DAR)
Administrative Organization
-refers to the administrative structure of the government
including its political subdivisions and the allocation of
powers, functions, and duties to its various units or agencies.

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Administrative Law, De Leon 2003
Organization of the Office of the President (P2ES)
Shall consist of
-Private Office (personal & family affairs)
-Executive Office (Exec. Secretary for requirements of the
president to achieve purpose and objectives of the office)
-Staff Support System (development and management,
general
government
administration
and
internal
administration)
-Presidential Special Assistants/Advisers (consultative
services)
Those offices under the supervision and control of the
President, those under the administrative supervision of
the Office of the President, those attached to it for policy
and proper coordination, not placed by law or order
creating them under any special department.
Subject to
-restructuring
-transfer of functions
-transfer agency

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standards,
guidelines plans,
programs
Government Owned Controlled Corporation - any agency
organized as a non-stock or stock corporation vested with
functions relating to public needs whether governmental or
propriety in nature and owned by the government directly or
through its instrumentalities either wholly or where applicable
as in the case of stock corporations to the extent of atleast
fifty one ( 51%) of its capital stock/ Majority of its
members
are
government
officials
holding
such
membership by appointment or designation, or there is
otherwise substantial participation of the government in the
selection of the corporations governing board.
-51%
-Majority are Government Officials
-substatial participation of government
Regulating Agencies any agency with jurisdiction to
regulate administer, adjudicate matters affecting substantial
rights & interests of private persons powers by collective body.

ORGANIZATION DEPARTMENTS
Department refers to an executive department created by
law. It includes instrumentality having or assigned the rank of
a department, regardless of its name or designation.

Instrumentality any agency of the national government not

integrated within the department framework vested with
special functions or jurisdictions by law. The term includes
regulatory agencies, chartered institutions and government
owned and controlled corporations
Chapter III

Nature, purpose, Decentralization.

POWES and FUNCTIONS of administrative Agencies

-functional distribution
-to insure capacity to plan
-achieve simplicity and efficiency
-to reduce free red tape

Function-bound to do
Power-the means by which a function is fulfilled
SOURCE-Legislature thru valid delegation

Department shall haves services of:

-planning
-financial management
-administrative service
-Technical service
-legal service

Powers of Administrative Agencies are classified.

ORGANIZATION OF BUREAUS

-as to nature (I-Ql-QJ)

a.Investigatory powers
b.quasi-legislative or rule-making power
c.quasi-judicial or adjudicatory power

Bureau refers to any subdivision or unit of any department,

performing a single major function or closely related functions.

-as to degree of subjective choice(D-M)

Discretionary or Ministerial

Staff- Policy program development and advisory functions

Doctrine of Necessary Implication- all powers necessary for

the effective exercise of the express powers are deemed
impliedly granted.

Line- Directly implement programs adopted pursuant to

department policies and plans
Supervision and
Control
(ADRDP)
-to act directly
whenever specific
function

Administrative
Supervision
(ORTR)
-oversee operations
w/o interfering day
to day basis

-Direct
performance
duty

-require
submission
of
reports,
performance
evaluation,
inspection
Take
actions
rectification
of
violations
Review and pass
upon
budget
proposals

of

-review
revise,
approve acts and
decisions
-determine
priorities
-prescribe

Attachment

Lateral
realtionship
between
departments
Representation

-Administrative agencies only exercise such powers as are

expressly or by necessary implication conferred on them by
law. They can only adjudicate matters coming within their
jurisdiction.(RCPI v. Santiago imposition of fines) in RCPI v NTC
hindi naipadala yung sulat haha.
Discretionary and Ministerial powers
Discretionary- person or persons exercising it may choose
which of several courses will be followed. It is based according
to the dictates of their own judgment and conscience, and not
controlled by the judgment or conscience of others.
Ministerial- is one in respect to which nothing is left to
discretion. It is a simple, definite duty arising under conditions
admitted or proved to exist, and imposed by law.

Compliance
to
period reposting

A. INVESTIGATORY POWERS

Provide
general
policies
through
representative

-the power of an administrative body to inspect the records

and premises and investigate the activities of persons,
premises, and investigate the activities of a person or entities
coming under its jurisdiction (Secretary of Justice v. lantion)

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Administrative Law, De Leon 2003

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or to secure, or to require the disclosure of information by

means of accounts records reports statements, testimony of
witnesses, production of documents, or otherwise.

3 Basic principles in
initiated by a complaint

administrative

implementation of the law substantially 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 the issuance is given the force and effect of
law
-A failure to comply with the requirements as to notice
and process may result in a failure to acquire such
jurisdiction.

investigations

1. The burden is on the complainant to prove his allegations

by substantial evidence;
2. The findings of facts made therein are to be respected as
long as they are supported by substantial evidence;
3. The administrative decision or finding can only be set
aside on proof of gross abuse of discretion, fraud or error
of law (Montemayor v. Bundalin).
Scope and Extent of Powers
-must be exercised within the limits prescribed and bear a
reasonable and legitimate relationship to the general powers
granted

REQUISITES OF A VALID ADMINISTRATIVE REGULATION

WITH A PENAL SANCTION
The law itself must make violation of the
administrative regulation punishable.
The law itself must impose and specify the penalty
for the violation of the regulation.
The regulation must be published.

C. Rule-Making Powers

Exception to non-delegation of legislative power (S 2)

eto yung sufficient/standard test
However, the essential legislative functions may not be
delegated to administrative agencies and in this sense, it said
that administrative agencies have no legislative power and
are precluded from legislating in the strict sense

Interpretative regulation
- issued by the administrative body as an incident of its
power to enforce the law and is intended merely to
clarify its provisions for proper observance by the
people. (e.g. circulars)
Legislative regulation

What may be granted to an administrative agency is rulemaking power to implement the law entrusted to enforce.
Provided;

Supplementary - intended to fill in the details of the law and

to make explicit what is only general.

1.Statute is complete in itself, setting forth the policy to

be executed by the agency; and

Contingent issued upon the happening of a certain

contingency which the administrative body is given the
discretion to determine or to ascertain and on the basis
thereof, enforce or suspend the operation of a law

2.Said statute fixes a standard, mapping out the

boundaries of the agencys authority to which it must not
conform

It must be reasonable
-must involve public welfare
-the method employed must be reasonably related to
the purpose of the rule
- not arbitrary
-must declare the legislative policy

HUWAG MASYADONG HOT..15 MINUTES BREAK

-the test of judicial function is not the exercise of judicial

discretion, but the power and authority to adjudicate upon the
rights and obligations of the parties before it (Ruperto v.
Torres).

B. Publication

A valid Rule and Regulation duly promulgated by an

administrative agency has the force and effect of law. It may
not be used either to abridge the authority given by Congress
or Constitution, or to enlarge its power beyond scope
intended.

1. Initiation of investigation
2. Conduct of investigation-Private
3. Inspection and examination
4. Requirement as to records accounts
5. Requiring attendance of witnesses, giving of testimony and
production of evidence
6. Hearing (not required)
7. Application of technical rules of procedure and evidence

- Power to issue administrative rules and regulations or

general orders which are legally binding

-in the application of the principle of due process, what is

ought to be safeguarded is not lack of previous
notice but the denial of the opportunity to be
heard

Requisites for validity of Administrative Rules and

Regulations (MEMORIZE)
Its promulgation must be authorized by the legislature.
It must be within the scope of the authority given by the
legislature.
It must be promulgated in accordance with the prescribed
procedure.
A. Notice and Hearing
Fortune tobacco doctrine- when an administrative rule
goes beyond merely providing for the means that they
can facilitate or render less cumbersome the

CLASSIFICATION OF ADMINISTRATIVE REGULATION

-Legislative rules are in the nature of subordinate legislation
and designed to implement a primary legislation by providing
the details thereof. They usually implement existing law,
imposing general, extra-statutory obligations pursuant
to authority properly delegated by Congress and effect a
change in existing law or policy which affects individual rights
and obligations
-Interpretative rules are intended to interpret, clarify or
explain existing statutory regulations under which the
administrative body operates. Their purpose or objective
is merely to construe the statute being administered and
purport to do no more than interpret the statute. Simply, they
try to say what the statute means and refer to no single

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Administrative Law, De Leon 2003
person or party in particular but concern all those belonging to
the same class which may be covered by the said rules.
-Contingent rules are those issued by an administrative
authority based on the existence of certain facts or
things upon which the enforcement of the law depends.
(Republic v. Drugmakers)
Procedural Rules- refers to those describing the methods by
which the agency will carry out its appointed functions.
Doctrine
of
Subordinate
Legislation-Power
of
administrative agency to promulgate rules and regulations on
matters of their own specialization
Doctrine of Legislative approval by Re-Enactment- the
rules
and
regulations
promulgated
by
the
proper
administrative agency implementing the law are deemed
confirmed and approved by the legislature when said law was
re-enacted by later legislation or through codification. The
legislature is presumed to have full knowledge of the contents
of the regulations then at time of re-enactment.
HALF WAY ALMOST FINISH!!!!!!!!!!!! Take a rest

D. ADJUDICATORY POWERS
It is the power of an administrative agency to hear and
determine or to ascertain facts and decide by the
application of rules to ascertained facts. Interpret and
apply not only administrative regulations but laws entrusted
to them.
Judicial power is the power to hear try and determine all
sorts of cases of law and equity which are brought before
courts
Two (2) conditions to the proper exercise of quasijudicial power:

1. Jurisdiction must be properly acquired by the

administrative body. It is conferred upon it by law.

Competence to act on a given matter or decide a certain

question.
Rules of Procedure

Subpoena Power, Contempt Power

2. Due process must be observed in the conduct of the
proceedings (NAE)
Notice and Hearing- the essence of due process in
administrative proceedings is the opportunity to explain
ones side or a chance to seek reconsideration of the
action or the ruling complained
Appeals and Review (administrative)
Enforcement of Decision
-as provided by law
-may be invoke the court for the purpose
-by appeal to the force of public opinion

Includes the following powers if granted by the

enabling act:
1. Implied Power to prescribe rules of procedure- valid
until annulled by the supreme court
2. Subpoena Power- not inherent- may be exercised only if
allowed by law and only in connection with the matter they
are authorized to investigate
3. Contempt Power-must be expressly granted, and must be
used only in the exercise of quasi-judicial function
Administrative Due Process- the essence of administrative
due process in administrative proceedings is the opportunity
to explain ones side or seek a reconsideration of the action or

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ruling complained of, and to submit any evidence a party may
have in support of his defense. The demands of due process
are sufficiently met when the parties are given the opportunity
to be heard before judgment is rendered.(Lacson v Executive
secretary)
Administrative Proceedings without need of a hearing
(applicable only when it comes to procedural due process)
Requirements for administrative cardinal proceedings
(Memorize):
1. Right to Hearing
2. Tribunal must consider the evidence presented
3.Decision must have something to support itself
4.Evidence must be substantial
5.Decision must be based on evidence adduced at the
hearing or atleast contained in the records and disclosed to
parties
6.Board or judge must act on its or his own independent
consideration of facts and law of the case and not simply
accept the view of the subordinate in arriving at a decision
;and
7. Decision must be rendered in such manner that parties to
controversy can know various issues involved and the reason
for the decision rendered. Shall state issues and reasons
(Ang tibay v. CIR)
Quantum of Proof in administrative proceedings is
Substantial Evidence- such relevant evidence that a
reasonable mind might accept as adequate to support a
conclusion (material, relevant, competent)
Not substantial evidence if Immaterial, irrelevant, based on
hearsay
Operative Fact Doctrine- it nullifies the effects of an
unconstitutional law by recognizing that the existence of a
statute prior to a determination of unconstitutionality is an
operative fact and may have consequences which cannot
always be ignored.
Administrative Res Judicata- forbids the reopening of a
matter that has been determined by competent authority.
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 of res Judicata (applies only to
judicial and Quasi-judicial proceedings not to purely
administrative functions)
CLASSIFICATION OF ADJUDICATORY POWERS
1. Enabling permits the doing of an act which the law
undertakes to regulate and which would be unlawful without
government approval, i.e., issuance of license by LTO
2.Directing- orders the doing or performance of particular
acts to ensure compliance with the law and are often
exercised for corrective purposes, i.e., order of reinstatement
of NLRC
a. Dispensing to relax the general operation of a law
or to exempt from general prohibition, or relieve an
individual or a corporation from an affirmative duty, i.e.
exemtions granted by BIR
b. Examining also called investigatory power consists
in requiring production of documents; the attendance of
witnesses compelling their testimony, i.e, exemptions
granted by BIR
c. Summary power to apply compulsion or force
against persons or property to effectuate a legal purpose
without judicial warrants to authorize such actions; i.e.
summary abatement of nuisance per se.
Other powers and functions (LFI)

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Administrative Law, De Leon 2003
A. Licensing enabling or approving
-action of administrative agency denying, granting, revoking,
suspending, a license permit is purely administrative but
quasi-judicial or adjudicatory since it is dependent upon the
ascertainment of facts by administrative agency upon which a
decision is to be made and rights and liabilities determined.
B.Fixing rates and charges
1. Quasi-Legislative function- the rates are meant to apply to
all enterprises of a given kind throughout the country (prior
notice and hearing not required)
2.Quasi-Judicial Function- rates apply exclusively to a
particular party, based upon a finding of fact (notice and
hearing required)
Factors to consider in rate fixing
a.rates should not be confiscatory
b. should provide reasonable return on investments
c. must be reasonable and just

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3.under other statues particular administrative agencies may
institute proceedings on their own initiative, motion, or
complaint
INVESTIGATION
HEARINGS
Investigation by government In hearings there are parties
officials, which may be held in and issues of law and of fact
private
are
informal to be tried and at the
proceedings
to
obtain conclusion of the hearing,
information to govern future action is taken which may
actions, have no parties, and affect the rights of the
are not proceedings in which parties, and parties are
action is taken against anyone
entitled to be present in
person
and
by
counsel,
participate in the hearing, and
entitled to be furnished a
record of proceedings

Administrative agencies can be empowered to provisionally

approve rates of public utilities even without a hearing or exparte

-Administrative proceedings not bound by technical rules of

procedure.
-Administrative Agency as a collegiate body. The powers
and duties of an administrative agency or board composed of
members or commissioners may not be exercised by the
individual members separately.

C.INVESTIGATIVE
Administrative agencies can be authorized to make
investigations for a limited purpose which is to obtain
information on which the future action of a legislative or
judicial nature may be taken.

-Administrative
determinations
are
subject
to
reconsideration and changes so long as no rights have
vested in the meantime by reason thereof, and so long as
they have not passed the control of administrative
authorities, as where the determinations are not final but
interlocutory, or where the powers of the administrative
authorities are continuing in character.

CHAPTER IV
Separation of Administrative and other Powers
(inulit lang yung iba!! NAKAKATAMAD na kung ilalagay ko pa)
Doctrine of Separation of powers- declares that
governmental powers are divided among the three
departments of the government, the legislative executive
and judicial, and broadly operates to confine legislative
powers to the legislature, executive powers to the executive,
and judicial powers to the judiciary, precluding one branch of
the government from exercising
or invading powers of
another
- a certain degree of blending or admixture of the three
powers of government, particularly in administrative
agencies, is well recognized.
Doctrine of Non-Delegation of Powers-prohibits the
delegation of legislative power, the vesting of judicial officers
with non-judicial functions as well as the investing of nonjudicial officers with judicial powers.
-The power conferred upon an administrative agency to issue
rules and regulations necessary to carry out its functions as a
regulatory body, has been held to be an adequate source of
authority, as a matter of practical administrative procedure, to
delegate a particular function(Realty venture v. Sendino)
Exception to Doctrine:
-in administrative agencies
-delegation of tariff powers & emergency

powers

CHAPTER V
ADMINISTRATIVE PROCEEDINGS (inulit lang din hahaha
aralin ang first 1-3 kasi yung 4 and 5 chapters eh nadiscuss
na)

Institution of Administrative proceedings (EFO)

1. EX parte applications
2. Filing of a charge or complaint

CHAPTER VI JUDICIAL REVIEW (last part promise

FOCUS ON DOCTRINES-Galingan magdistinguish)
Administrative Decisions may be appealed to the Court of
Justice if allowed :
By the Constitution
By law
where the question to be reviewed is a question
of law.
Judicial review of an administrative decision may be appealed
to courts of justice only if the constitution or the law
permits it or if the issues to be reviewed only involve
questions of law.
Except when the Constitution requires or allows, judicial
review may be granted or withheld as congress chooses. Thus,
the law may provide that a determination made by an
administrative agency shall be final and not reviewable. In
such a case there is no violation of due process.
It should be remembered that quasi-judicial powers will always
be subject to true judicial power that which is held by the
courts. Indeed under the expanded jurisdiction of the Supreme
Court it is empowered to determine whether or not there
has been grave abuse of discretion amounting to lack
or in excess of jurisdiction on the part of the branch of
instrumentality of the government
Review when made: (VJQ2)
1.to determine validity or constitutionality of any
executive order or regulation
2.To determine jurisdiction of administrative board or
commission or officer
3.to determine any other questions of law
4.to determine questions of fact
a. Constitutionality or jurisdiction
b.Commission of abuse of authority
c. When administrative fact finding body is unduly
restricted by an error of law
-Where, when, how to appeal- involving Questions of fact,
law, & mixed, to Court of Appeals within 15 days from notice
of final order or publication. Only one motion for
reconsideration shall be allowed, may grant another 15 days

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Administrative Law, De Leon 2003

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extension if Petition for Review(filed in 7 legible copies with

proof of service to the adverse party and or the court or
agency a quo, the original copy of petition intended for the CA
shall be indicated as such by petitioner) except for the most
compelling reasons another 15 days extension.
QUESTION OF FACT
The doubt or difference arises
as to the truth or falsehood
of the alleged facts
The extent and manner of
judicial review lies in the
discretion of the legislature

QUESTION OF LAW
The doubt or difference arises
to what the law is on a
certain state of facts
May be appealed to the courts
of justice independently of
legislative permission, or even
against legislative prohibition

General Rule: Factual findings of administrative agencies are

accorded great weight and the courts are precluded from
reviewing them.
Exceptions: (EVP2GSE)
1. Factual findings not supported by evidence
2. Findings are vitiated by fraud, imposition or collusion
3.Procedure which led to factual findings is irregular
4. Palpable errors are committed
5.
Grave
abuse
of
discretion,
arbitrariness,
or
capriciousness is manifest
6.when expressly allowed by statute
7.Error in appreciation of the pleadings and in the
interpretation of the documentary evidence presented by the
parties

Exceptions to doctrine of finality

a. to an interlocutory order affecting merits of a controversy
b. to grant relief to preserve the status quo pending further
action by the administrative agency
c. when it is essential to the protection of the rights asserted
from the injury threatened
d. where an administrative officer assumes to act in violation
of the constitution and other laws
e. where such order is not reviewable in any other way and
the complainant will suffer great and obvious damage if the
order is carried out
f. to an order made in excess or power, contrary to specific
prohibition in the statute governing the agency and thus
operating as a deprivation of a right assured by the statute.
DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION
(Doctrine of prior resort)- the courts cannot and will not
resolve a controversy involving a question which is within
the jurisdiction of an administrative tribunal, where the
question demands the exercise of sound discretion requiring
the special knowledge, experience and services of the
administrative tribunal to determine technical and intricate
matters.

-In judicial review it is sufficient that administrative findings of

fact are supported by evidence
-Substantial evidence is all that is needed to support an
administrative finding.
INTERLOCUTORY
Refers
to
something
intervening between the
commencement and the
end of a suit which decides
some point on matter but is
not a final decision of the
whole controversy

Courts are reluctant to interfere with action of an

administrative agency prior to its completion or finality, the
reason being that absent a final order or decision,
power has not been fully and finally exercised, and there can
usually be no irreparable harm. It is only after Judicial review is
no longer premature that a court may ascertain in proper
cases whether the administrative action or findings are not in
violation of law or are free from fraud or imposition or find
substantial support from the evidence.

FINAL JUDGMENT
One that finally disposes of a
case leaving nothing more
to be done by the court in
respect thereto.

Administrative Res Judicata (Pinakamatinding notes na

nagmula kay sir)
-Final judgment (judgment disposing all issues)
-Court has Jurisdiction (Subject matter & parties)
-Judgment on the merits
-Identity of parties/Subject matter

-Specialized administrative boards or commissions with the

special knowledge, experience and capability shall hear and
determine promptly disputes on technical matters or
essentially factual matters, subject to judicial review in
case of grave abuse of discretion
- The Regional Trial Court has no authority to make
determinations at the first instance on matters referred
by law to a specialized administrative body.
- The administrative process must continue up to the
highest level before resort to judicial tribunals may be
sought.
-Judicial process is suspended pending referral of such issues
to an administrative body.
-the Doctrine applies only where the administrative agency
exercises its adjudicatory function. Strictly speaking, the
objective of the doctrine is to guide a court in determining
whether it should refrain or not from exercising its jurisdiction.

Cause of Action
-complainant has a right
-acts/ ommissions by defendant
-violation of defendant

Issues involve questions of law.- be that as it may, prior

resort to an agency should be limited to questions of
fact and questions requiring the skills of administrative
specialists.

BRANDEIS Doctrine of Assimilation of Facts (mixed

Question of Law and Fact)- where what purports to be a
finding upon a question of fact is so involved with and
dependent upon a question of law as to be in substance and
effect a decision on the latter, the Court will, in order to decide
the legal question, examine the entire record including the
evidence if necessary.

Purpose:
1. take full advantage of administrative expertness
2. Attain uniformity of application of regulatory laws.

DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION- No

resort to Courts will be allowed unless administrative action
has been completed and there is nothing left to be done in
administrative structure
-A party aggrieved must not merely initiate the prescribed
administrative procedure to obtain relief but also must pursue
it to its appropriate conclusion

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE

REMEDIES-whenever there is an available administrative
remedy provided by law, no judicial recourse can be made
until all such remedies have been availed of and exhausted.
-an administrative decision must be appealed to the
administrative superior up to the highest level before
elevating it to the court of review (Philhealth v. Chinese
General Hospital).
Exceptions (P2 JI)
Purely question of law

paoloSANMATEO
Administrative Law, De Leon 2003

act complained of is patently illegal.

urgent need for judicial intervention
Irreparable injury will be suffered.
Questions reviewable
Question of fact
Question of law

Page 8 of 9
The claim or matter is
cognizable in the first instance
by an administrative agency
The purpose of the rule is to
control the timing of judicial
relief from adjudicative action
of an agency

Applicability:
The principle applies only where the act of the
administrative agency was performed pursuant to its quasijudicial function and NOT when it pertains to its quasilegislative power.
Exhaustion of administrative remedies is applicable when
there is competence on the part of the administrative
body to act on the matter complained of. Administrative
agencies are not courts; neither are they part of judicial
system nor they are deemed judicial tribunals.
Reasons for the Doctrine
1.to enable thee administrative superiors to correct the
errors are committed by their subordinates
2.Courts should refrain from disturbing the findings of
administrative bodies in deference to the doctrine of
separation of powers
3. Courts should not be saddled with the review of
administrative cases
4. Judicial review of administrative cases is usually effected
through special civil actions which are available only if
there is no other plain, speedy, and adequate remedy.
Effects of failure to exhaust administrative remedies
-Court lacks Jurisdiction for lack of cause of action, resulting to
its dismissal
-precludes action of replevin to recover a movable property
which is the subject matter of administrative forfeiture
Exceptions (marami to e kung naaalala mo)
1. when there is violation of due process
2. when the issue involved is purely legal question
3. when the administrative action is patently illegal
amounting to lack or excess of jurisdiction
4. when there is estoppel on the part of the administrative
agency
5. when there is irreparable injury
6. when repondent is a department secretary whose acts
as an alter ego of the president bears the implied and
assumed approval of the latter
7. when to require exhaustion of administrative remedies
would be unreasonable
8. when it would amount to nullification of a claim
9. when the subject matter is a private land in land case
proceedings
10. when the rule does not provide a plain, speedy,
adequate, remedy
11. when there are circumstances indicating the urgency of
judicial intervention
12. when no administrative review is provided by law
13. moot academic
14. involves strong public interest
15. Writ of amparo cases
EXHAUSTION
OF
ADMINISTRATIVE REMEDIES
The administrative agency has
authority to pass on every
question raised by a person
resorting to judicial relief and
enables court to withhold its
aid
entirely
until
the
administrative remedies had
been exhausted

PRIMARY JURISDICTION
Both court and administrative
agency have jurisdiction to
pass on a question when a
particular case is presented to
court, as an original matter
rather than a matter of review

The claim or matter is

cognizable by both the court
and administrative agency
Not concerned with judicial
review but determines in some
instances whether
initial action should be taken
by a court or administrative
agency

DOCTRINE OF RIPENESS FOR JUDICAL REVIEW-this

determines the point at which the courts may review
administrative action except that the former applies to
administrative action other than adjudication
RIPENESS DOCTRINE
EXHAUSTION DOCTRINE
Focus upon the nature of Focus on relatively narrow
judicial
process-upon
the question of whether a party
types of functions the courts should be required to pursue
should perform
an
administrative
remedy
before goint to court
Applied to rule making not Applied to adjudicative action
involving rule making and of an administrative agency
adjudication
RIPENESS DOCTRINE
Determines at what stage a
party may secure judicial
review of administrative action
Arise whenever judicial review
is available

PRIMARY JURISDICTION
Determines whether the court
or the agency should make the
initial decision
Arise only ehwn administrative
and judicial jurisdictions are
concurrent
for the initial
decision of some questions

Judicial Review does not warrant trial de novo- does not

import trial de novo (review all evidence) but only an
ascertainment of whether the administrative findings are not
in violation of the Constitution or of the laws, and are free
from fraud or imposition, and whether they find reasonable
support in evidence

PUBLIC OFFICE-is a public trust

Actors
1.trustor/benefactor(people)
2.trustee(Govt)
3.beneficiary(common good)
Is the right, authority and duty created and conferred by
law by which for a given period either fixed by law or enduring
at the pleasure of the appointing power, an individual is
invested with some portion of the sovereign functions of the
government to be exercised by him for the benefit of the
public
- Right authority Duty
-conferred by law
-tenure fixed/pleasured the appointing
Person/Individual
-for the benefit of the people
-some sovereign function
PUBLIC OFFICERS(PASEM)
-Public trust
-Accountability
-Serve utmost responsibility integrity loyalty
-efficiency
-modest life
Public officers-vested with some sovereign power
Public Employee-contract/Public officer Created by law
Presumption of regularity of official acts

paoloSANMATEO
Administrative Law, De Leon 2003
-absent of clear and convincing proof, the bare allegation that
a public officer acted with malice on prejudice cannot be
sustained(you can present the proof)

Page 9 of 9
Public Official
Officer of the Government itself as distinguished from
the officers and employees of instrumentalities of the
government(works with department framework)