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I. GENERAL PRINCIPLES
DEFINITIONS
Administrative Law is that 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 purpose of promoting the well-being of the community [Dean
Roscoue Pound].
Administrative Agencies are the organs of government, other than a
court and other than the legislature, which affect the rights of private
parties either through adjudication or through rule-making [Nachura].
HISTORICAL CONSIDERATIONS
Why did administrative agencies come about?
(1) Growing complexities of modern life;
(2) Multiplication of number of subjects needing
government regulation; and
(3) Increased difficulty of administering laws.
Why are administrative agencies needed?
Because the government lacks:
(1) Time;
(2) Expertise; and
(3) Organizational aptitude for effective and
continuing regulation of new developments in
society [Stone].
ADMINISTRATIVE AGENCIES
Modes of Creation of Administrative Agencies
(1) 1987 Constitution
(E.g. CSC, COMELEC, COA, CHR, Commission on
Appointments, Judicial and Bar Council, NEDA and Office of
the Ombudsman)
(2) Legislative Enactments
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
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Interpretative Rules
Passed pursuant to its
quasi-judicial capacity.
Need publication.
Judicial
Inquisitorial
Adversarial
Rules of
Procedure
technical
Liberally applied
Follow
rules in the
Rules of Court
Nature and
Extent of
Decision
Decision limited
to matters of
general concern
Decision
includes
matters brought
as issue by the
Parties
Parties
Nature of
Proceedings
Due process does not always entail notice and hearing prior to the
deprivation of a right. Hearing may occur after deprivation, as in
emergency cases, in which case, there must be a chance to seek
reconsideration. [UP Board of Regents v. CA (1999)]
Presence of a party at a trial is not always the essence of due
process. All that the law requires is the element of fairness; that the
parties be given notice of trial and
(1) an opportunity to be heard;
(2) in administrative proceedings, an opportunity to seek
reconsideration; and
(3) an opportunity to explain ones side.
The law, in prescribing a process of appeal to a higher level,
contemplates that the reviewing officer is a person different from the one
who issued the appealed decision. Otherwise, the review becomes a
farce; it is rendered meaningless. [Rivera v. CSC (1995)]
Is a trial necessary? NO. WON to hold an adversarial trial is
discretionary. Parties cannot demand it as a matter of right. [Vinta Maritime v.
NLRC (1978)].
The right of a party to confront and cross-examine opposing witness is a
fundamental right which is part of due process. If without his fault, this right is
violated, he is entitled to have the direct examination stricken off the record.
[Bachrach Motors v. CIR (1978)]
Evidence on record must be fully disclosed to the parties [American
Inter-Fashion v. Office of the President (1991)] but respondents in
administrative cases are not entitled to be informed of findings of investigative
committees but only of the decision of the administrative body. [Pefianco v.
Moral (2000)]
Due process is violated when:
(1) There is failure to sufficiently explain the reason for the decision
rendered;
(2) If not supported by substantial evidence;
(3) And imputation of a violation and imposition of a fine despite
absence of due notice and hearing. [Globe Telecom v. NTC (2004)]
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
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Self-incrimination
The right against self-incrimination may be invoked by the
respondent at the time he is called by the complainant as a witness.
However, if he voluntarily takes the witness stand, he can be cross
examined; but he may still invoke the right when the question calls for an
answer which incriminates him for an offense other than that charged.
[People v. Ayson (1989)]
Notice and Hearing
When required:
(1) When the law specifically requires it.
(2) When it affects a persons status and liberty.
When not required:
(1) Urgent reasons.
(2) Discretion is exercised by an officer vested with it upon an
undisputed fact.
(3) If it involves the exercise of discretion and there is no grave
abuse.
(4) When rules to govern future conduct of persons or enterprises,
unless law provides otherwise.
(5) In the valid exercise of police power.
Administrative Decisions or Interpretation not part of the legal system:
A memorandum circular of a bureau head could not operate to vest
a taxpayer with a shield against judicial action [PBCom v. CIR (1999)].
ADMINISTRATIVE APPEAL AND REVIEW
Different kinds of administrative appeal and review:
(1) That which inheres in the relation of administrative superior to
administrative subordinate where determinations are made at lower levels
of the same administrative system;
(2) That embraced in statutes which provides for a determination to
be made by a particular officer of body subject to appeal, review, or
redetermination by another officer of body in the same agency or in the
same administrative system;
(3) That in which the statute attempts to make a court a part of the
administrative scheme by providing in terms or effect that the court, on
review of the action of an administrative agency, shall exercise powers of
such extent that they differ from ordinary judicial functions and involve a
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
Page 10
Effect:
Decisions and orders of administrative bodies rendered
pursuant to their quasi-judicial authority have, upon their finality,
the force and effect of a final judgment within the purview of the
doctrine of res judicata, which forbids the reopening of matters
once judicially determined by competent authorities.
However, Res Judicata does not apply in administrative
adjudication relative to citizenship [Board of Commissioners v. De
la Rosa (1991)]
FACT-FINDING, INVESTIGATIVE, LICENSING AND RATE-FIXING
POWERS ASCERTAINMENT OF FACT
A statute may give to non-judicial officers:
(1) The power to declare the existence of facts which call into
operation the statutes provisions and
(2) May grant them and their subordinate officers the power to
ascertain and determine appropriate facts as a basis of procedure in
the enforcement of laws.
(3) Such functions are merely incidental to the exercise of power
granted by law to clear navigable streams of unauthorized
obstructions. They can be conferred upon executive officials
provided the party affected is given the opportunity to be heard.
INVESTIGATIVE POWERS
Administrative agencies power to conduct investigations and hearings,
and make findings and recommendations thereon is inherent in their functions
as administrative agencies.
Findings of facts by administrative bodies which observed procedural
safeguards (e.g. notice and hearing parties, and a full consideration of evidence)
are accorded the greatest respect by courts.
LICENSING FUNCTION
Licensing Procedure. (1) When the grant, renewal, denial or cancellation of a
license is required to be preceded by notice and hearing, the provisions
concerning contested cases shall apply insofar as practicable; (2) Except in
cases of willful violation of pertinent laws, rules and regulations or when public
security, health, or safety requires otherwise, no license may be withdrawn,
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
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suspended, revoked or annulled without notice and hearing. [Sec. 17, 1987
Administrative Code]
Non-expiration of License. Where the licensee has made timely and sufficient
application for the renewal of a license with reference to any activity of a
continuing nature, the existing license shall not expire until the application shall
have been finally determined by the agency. [Sec. 18, 1987 Administrative
Code]
License includes the whole or any part of any agency permit, certificate,
passport, clearance, approval, registration, charter, membership, statutory
exemption or other form of permission, or regulation of the exercise of a right
or privilege. [Sec. 2(10), 1987 Administrative Code]
Licensing includes agency process involving the grant, renewal, denial,
revocation, suspension, annulment, withdrawal, limitation, amendment,
modification or conditioning or a license. [Sec. 2(11), 1987 Administrative
Code]
When are notice and hearing required in licensing? Only if it is a contested
case. Otherwise, it can be dispensed with (e.g. drivers licenses).
No expiry date does not mean the license is perpetual. A license permit is
a special privilege, a permission or authority to do what is within its terms. It is
always revocable. [Gonzalo Sy Trading v. Central bank (1976)]
FIXING OF RATES, WAGES, PRICES
Rate means any charge to the public for a service open to all and upon
the same terms, including individual or joint rates, tolls, classification or
schedules thereof, as well as communication, mileage, kilometrage and other
special rates which shall be imposed by law of regulation to be observed and
followed by any person. [Sec. 2(3), 1987 Administrative Code]
Public Participation. (2) 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. [Sec. 9,
1987 Administrative Code]
the unmistakable trend has been to refer it to the former. [GMA v. ABS CBN
(2005)]
REQUISITES:
(1) Administrative body and the regular court have concurrent and
original jurisdiction
(2) Question to be resolved requires expertise of administrative agency
(3) Legislative intent on the matter is to have uniformity in rulings
(4) Administrative agency is performing a quasi-judicial or adjudicatory
function (not rule-making or quasi-legislative function [Smart v. NTC
(2003)]
Rationale: It is presumed that an administrative agency, if afforded
an opportunity to pass upon a matter, would decide the same
correctly, or correct any previous error committed in its forum
[Caballes v Sison 2004]
WHEN THE DOCTRINE IS INAPPLICABLE:
(1) If the agency has exclusive jurisdiction
(2) When the issue is not within the competence of the administrative body to
act on.
(3) When the issue involved is clearly a factual question that does not require
specialized skills and knowledge for resolution to justify the exercise of primary
jurisdiction.
EFFECT
The case is not dismissed, but merely suspended until after the matters
within the competence of the administrative agency are threshed out and
determined. [Vidad v. RTC (1993)]
IV. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
General Rule: Where the law has delineated the procedure by which
administrative appeal or remedy could be effected, the same should be followed
before recourse to judicial action can be initiated. [Pascual v. Provincial Board
(1959)]
REQUISITES:
(1) The administrative agency is performing a quasi-judicial function.
(2) Judicial review is available.
(3) The court acts in its appellate jurisdiction.
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
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RATIONALE:
(1) Legal reason: The law prescribes a procedure.
(2) Practical reason: To give the agency a chance to correct its own errors and
prevent unnecessary and premature resort to the courts.
(3) Reasons of comity: Expedience, courtesy, convenience.
EXCEPTIONS TO THE DOCTRINE OF EXHAUSTION OF
REMEDIES:
(1) Purely legal questions.
(2) Steps to be taken are merely matters of form.
(3) Administrative remedy not exclusive but merely cumulative or concurrent
to a judicial remedy.
(4) Validity and urgency of judicial action or intervention.
(5) No other plain, speedy, adequate remedy in the ordinary course of the law.
(6) Resort to exhaustion will only be oppressive and patently unreasonable.
(7) Where the administrative remedy is only permissive or voluntary and not a
prerequisite to the institution of judicial proceedings.
(8) Application of the doctrine will only cause great and irreparable damage
which cannot be prevented except by taking the appropriate court action.
(9) When it involves the rule-making or quasi-legislative functions of an
administrative agency.
(10) Administrative agency is in estoppel.
(11) Doctrine of qualified political agency
(12) Subject of controversy is private land in land case proceedings.
(13) Blatant violation of due process.
(14) Where there is unreasonable delay or official inaction.
(15) Administrative action is patently illegal amounting to lack or excess of
jurisdiction.
(16) Resort to administrative remedy will amount to a nullification of a claim.
(17) No administrative review provided for by law.
(18) Issue of non-exhaustion of administrative remedies rendered moot.
(19) In quo warranto proceedings.
(20) Law expressly provides for a different review procedure.
EFFECT OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES:
It does not affect jurisdiction of the court. The only effect of noncompliance is it that will deprive complainant of a cause of action, which is a
ground for a motion to dismiss. But if not invoked at the proper time, this
ground is deemed waived. [Republic v. Sandiganbayan (1996)]
CONSTITUTIONAL LAW REVIEW under Atty. Victor T. Tulalian
Submitted by: Catherine Kay S. Francisco
09-03-16
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Doctrine of Exhaustion of
Doctrine of Primary
Administrative Remedies
Administrative Jurisdiction
Jurisdiction of Court
Appellate
Concurrent Original
Jurisdiction with Admin
Body
Ground for non-exercise of Jurisdiction
Exhaustion of
The court yields to the
Administrative Remedy a
jurisdiction of the
condition precedent
Administrative agency
because of its
specialized knowledge
or expertise
Court Action
Dismiss
Suspend Judicial Action
DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION
No resort to the courts will be allowed unless the administrative action
has been completed and there is nothing left to be done in the administrative
structure.
The Doctrine of Finality of Administrative Action is a broader doctrine
which encompasses the Doctrine of Exhaustion of Administrative Remedies. It
is a prerequisite for judicial review.