CASE DIGEST ERENETA #TIFFANOTES

Case Name Facts Doctrine

CHAPTER 2: NATURE AND ORGANIZATION
Corona v CA Complaints were filed against the District PPA Charter provides that all complaints against a
Manager of Port of Manila and Dinopol PPA employee below the rank of Asst. General
(Manager of Port of Davao) for dishonesty and Manager shall be filed before the PPA General
conduct prejudicial to the best interest of the Manager. The employee concerned may elevate
service. Respondents questioned the the matter to the Dept. Secretary. Or, he may
jurisdiction of the AAB on the ground that it appeal directly to the Civil Service Commission.
was the General Manager of the Phil. Ports
Authority (PPA) who had jurisdiction With respect to the management of personnel, an
according to the PPA Charter. Dinopol was attached agency is, to a certain extent, free from
found guilty of the charge and was dismissed Departmental interference and control.
Jalandoni v Drilon from service.
Petitioner filed a complaint for the crime of It is a well-settled rule that the Secretary of Justice
libel before the Provincial Prosecutor of Rizal has the power to review resolutions or decisions of
against the respondents. The prosecutors provincial or city prosecutors or the Chief State
recommend the indictment of the respondents Prosecutor upon petition by a proper party. Under
and filed the information for libel. All of the the Revised Administrative Code, the secretary of
respondents appealed to then Secretary of justice exercises the power of direct control and
Justice, Drilon, who issued an order dismissing supervision over said prosecutors. He may thus
the resolutions of the prosecutors and affirm, nullify, reverse or modify their rulings as he
directing them to withdraw the information may deem fit.
Comm Rural Bank v filed.
Accused was charged with estafa. Accused The secretary of justice, who has the power of
Talavera appealed the findings of the Investigating supervision and control over prosecuting officers,
Fiscal and MR to the DOJ. Both of these were is the ultimate authority who decides which of the
denied. So he filed a Motion for conflicting theories of the complainants and the
Reinvestigation. respondents should be believed. The provincial or
city prosecutor has neither the personality nor the
Respondent judge granted the Motion for legal authority to review or overrule the decision
Reinvestigation without any hearing thereon. of the secretary.
Thus, a reinvestigation proceeding was
conducted by the Assistant Provincial
Prosecutor.

Dimatulac v Villon -NO

Asst.JURISDICTION
Provincial Fiscal resolved to file an
information against accused for homicide
which was contested by the Petitioner on the
ground that it should be for murder.
The Prosecutor should have deferred arraignment
due to the pending appeal with the DOJ.
An appeal to the DOJ is an invocation of the

Asst. Provincial Fiscal rejected the petitioner,
thus petitioner appealed to the DOJ. Despite
the pending appeal to the DOJ, Asst.
Provincial Fiscal proceed to file an information
for homicide against the accused.
-NO JURISDICTION
prosecutors. The DOJ has the power to review the
decisions of the prosecutor due to the doctrine of
exhaustion of administrative remedies which
means that mistakes done by the lower
administrative authorities should be corrected by
the higher authorities before judicial recourse is
allowed.

Page 1
CASE DIGEST ERENETA #TIFFANOTES
Beja v CA PPA General Manager filed an Administrative The PPA General Manager is the disciplining
Case against BEJA, for allegedly erroneously authority who may, by himself and without the
assessed storage fees. The two were approval of the PPA Board of Directors, subject a
preventively suspended. respondent in an administrative case to preventive
suspension. Preventive suspension is not a penalty
Few months after, another charge was filed by in itself and is merely a measure of precaution.
the PPA General Manager for violation of
reasonable office rules and regulations. The However, the PPA General Manager, along with
PPA GM indorsed it to the AAB for the power to investigate personnel below the rank
appropriate action. AAB removed Beja from of Assistant Manager who may be charged with an
office. administrative offense, has the power to remove
erring employees with the approval of the PPA
-NO JURISDICTION
CHAPTER Board of Directors only.
2: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
IN GENERAL
Mirasol v DPWH Petitioners are seeks to have AO 1 and The three department orders are VOID because
Department Orders 74, 123, and 125 of the these were issued by the DPWH and such
DPWH, as well as the Revised Rules and department does not have the authority to declare
Regulations on Limited Access Facilities of the certain expressways as limited access facilities.
Toll Regulatory Board to be DECLARED AS Such authority is lodged with the DOTC.
VOID for being inconsistent with RA 2000,
Since the DPWH has no authority to regulate
activities relative to transportation, the TRB27
-VOID cannot derive its power from the DPWH to issue
regulations governing limited access facilities. The
DPWH cannot delegate a power or function which
it does not possess in the first place. Since DO 74
Makati Stock and
Where the SEC prohibited the double listing of It is DO 215 are void,
fundamental thatitan
follows that the rules
administrative officer has
Exchange v stock securities in stock exchanges, the Makati only such powers as are expressly granted to him
Abellera Stock Exchange contends that the SEC is by the statute, and those necessarily implied in the
without the authority to impose such exercise thereof.
prohibition.
The test is not whether the Act forbids the
-VOID Commission from imposing a prohibition, but
whether it empowers the Commission to prohibit.
No specific portion of the statute has been cited to
uphold this power. The general power to "regulate"
Radio Comm v The Board of Communications imposed a fine The which the Commission
Board has doescan
of Communications notexercise
imply only
Board of for injury caused by a failure of a such jurisdiction and powers as conferred upon it
Communications communications company to transmit by statute. Its power to issue certificates of public
telegrams. It claimed that as successor in convenience does not carry with it the power of
interest of the PSC, it has the same powers as supervision and control over matters not related to
the same provided for in the Public Service the issuance of certificate of public convenience or
Act, one of which is to issue certificates of in the performance therewith in a manner suitable
public convenience. to promote public interest.

-NO JURISDICTION The charge does not relate to the management of

the facilities and system of transmission of
messages by petitioner in accordance with its
certificate of public convenience. The proper
jurisdiction is with the courts.

Page 2
CASE DIGEST ERENETA
Matienzo v Abellara The BOT granted provisional permits for the
operation of excess taxicab units allegedly
despite the lapse of its power to do so under
the law. As argued, the petitioners stated that
the decree limited the period of the BOT to 6
months.
-VALID
Asso of Int'l The shipowners will withhold the 10%
Shipping v PPA government share from the fees they have to
pay the pilots, which amount will then be
collected by the PPA.
-VALID
Plaza v Tuvera In Bureau of Lands admin proceedings, Plaza Land in question is public land and the
opposes the miscellaneous sales application of administration, alienation, disposition is lodged
Reyes. The Regional Land Officer, Director of with the Director of Lands subject to the control of
Lands, and Secretary of Agriculture and
Natural Resources unanimously ruled that the alter ego of the President
parcels of land were public lands and Reyes
was only a tenant of Plaza and Plaza had
preferential right to purchase said lands.
Reyes appealed to OP who later on reversed
the decision of the previous admin proceeding.
-WITH JURISDICTION INVESTIGATORY POWERS
Page 3
#TIFFANOTES
A reading of Section 1, PD 101, shows a grant of
powers to the respondent Board to issue
provisional permits as a step towards the
legalization of colorum taxicab operations without
the alleged time limitation. The cited section
declares only when the period of moratorium
suspending the relentless drive to eliminate illegal
operators shall end.
In determining whether a board or commission has
a certain power, the authority given should be
liberally construed in the light of the purposes for
which it was created, and that which is incidentally
necessary to a full implementation of the
legislative intent should be upheld as being
germane
Under its to the law.
charter, the PPA has the authority to
impose, fix, prescribe, increase or decrease such
rates, charges or fees for the use of port facilities,
and for services rendered by the PPA or by any
private organization. This power necessarily
includes the authority to issue rules and
regulations on the manner of collection of the 10%
government share.
Moreover, one of the PPAs objectives is the proper
collection and accounting of all income and
revenues accruing out of dues, rates, and charges
for the use of facilities and services provided by
the PPA. A restrictive and unreasonable
interpretation of the PPAs charter would render
the PPA powerless in introducing reforms on the
manner of collecting the government share.
Secretary of Agriculture and Natural Resources as
The president through the executive secretary can
review, affirm, reverse, and modify the decisions of
the Secretary of Agriculture and Natural
Resources
Disposition of public land is executive in function
and not judicial
CASE DIGEST ERENETA
Ruperto v Torres Special civic action by certiorari was instituted
against an administrative agency exercising
only investigatory and advisory powers.
The investigatory board concluded that the
petitioner made use of his public office to
serve and favor his friends and to prosecute
the enemies of the latter. The board
recommended that he be reprimanded with a
warning that any repetition of any misconduct
on his part will be more severely dealt with.
-CERTIORARI IS NOT APPROPRIATE
Carmelo v Ramos Mayor issued EO creating committee to
investigate personnel of license inspection
division. Committee issued subpoena
requiring individuals to appear. Committee
filed to declare in contempt Ramos for
nonappearance.
-NO POWER
Evangelista v the President vested in PARG with all the
Jarencio powers of an investigating committee,
including the power to summon witnesses by
subpoena or subpoena duces tecum,
administer oaths, take testimony or evidence
relevant to the investigation.
Respondent was issued a subpoena ad
testification commanding him to appear as
witness at the office of the PARGO to testify in
a certain investigation pending therein.
-VALID POWER
Page 4
#TIFFANOTES
The board neither adjudicates upon nor
determines the rights and interests or duties of
parties; it is limited to investigating the facts and
making findings in respect thereto. After an
investigation by the Integrity Board, the officer
that ultimately passes upon and adjudicates the
rights of the parties is the President, not the
Integrity Board.
Not every function wherein judgment and
discretion are exercised is a judicial function. The
test of a 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. Since no adjudicatory powers,
then
A certiorariofcannot
delegation lie. to investigate does not
the power
imply a delegation of the power to take testimony
or evidence of witnesses whose appearance may be
require by the compulsory process of subpoena.
Whatever power may be claimed by petitioner's
committee may only be traced to the power of the
Mayor to investigate as implied from his power to
suspend or remove certain city employees.
Rightly, administrative agencies may enforce
subpoenas issued in the course of investigations,
whether or not adjudication is involved, and
whether or not probable cause is shown and even
before the issuance of a complaint.
It is not necessary that a specific charge or
complaint of violation of law be pending or that
the order be made pursuant to one. It is enough
that the investigation be for a lawfully authorized
purpose.
CASE DIGEST ERENETA #TIFFANOTES
Catura v CIR The CIR, in the exercise of its power of The controlling provisions for this power may be
investigation to assure compliance with the found in the IPA stating that the members (b)
internal labor procedures, required a labor shall be entitled to full and detailed reports from
officers of their financial transactions, (h) that
funds and other documents to be delivered and these funds shall not be applied for any purpose
deposited at the hearing for investigation. other than those in constitution or by-laws etc, (i)
and that these books are open for inspection by
-VALID POWER any officer or member.

The requirement (produce the documents) cannot

be said to be beyond the statutory power conferred
for if it were otherwise, the specific provisions of
law violated may not be effectively complied with.
The matter was properly within its cognizance and
the means necessary to give it force and
effectiveness should be deemed implied unless the
power sought to be exercised is so arbitrary as to
trench upon private rights of petitioners.
RULE MAKING POWERS
Tan Guan v CTA Tan Guan and Sia Lin are chinese registered as The returns being false or fraudulent, the
a partnership. They filed separate income tax Commissioner of Internal Revenue has not lost his
returns. Tan Guan paid. Sia Lin was absolved. right to issue the assessment.
Tan Guan was not.
The Government is not bound by the errors
Tan Guan contends that he should be given committed by its agents in previous investigations
the same treatment as Sia Lin, who was and assessments.
absolved by the CIR from paying deficiency
income tax on the other half of the sum.

-VALID POWER
Victorias Milling v SSC issued circular providing that employees
SSC in computing premiums due, would include all
bonuses and OT pay and cash value of other
remuneration. Victorias milling opposed that it
was contrary to a previous Circular issued by
SSC, arguing lack of authority on the part of
the SSC to promulgate it without the approval
of the President and for lack of publication in
the Official Gazette.
-INTERPRETATIVE POWER
Cruz v Youngberg Petitioner is questioning the law wherein the
power given by Act No. 3155 to the Governor-
General to suspend or not, at his discretion,
the prohibition provided in the act constitutes
an unlawful delegation of the legislative
powers.
-VALID DELEGATION
Circular No. 22 purports merely to advise
employers-members of the System of what, in the
light of the amendment of the law, they should
include in determining the monthly compensation
of their employees, and that such circular did not
require presidential approval and publication in
the Official Gazette for its effectivity.
It was not legislative but merely interpretative
power.
Contingent Legislation.
The true distinction is between the delegation of
power to make the law, which necessarily involves
a discretion as to what it shall be, and conferring
an authority or discretion as to its execution, to be
exercised under and in pursuance of the law. The
first cannot be done; to the latter no valid
objection can be made.

Page 5
CASE DIGEST ERENETA #TIFFANOTES
Manuel v General Manuel wants his leaves commutated into It is expressly provided under Section 286 of the
Auditing Office money value for his retirement. The Revised Revised Administrative Code that vacation and
Administrative Code provides for cumulative sick leave shall be cumulative.
vacation and sick leaves, while the Civil
There is here no room interpretation, simply the
application of legal norms from any ambiguity.
-INVALID RULES The rules cannot as an administrative order
supplant the plain and explicit statutory
command.
Olsen v Aldanese Under the Tariff Act of 1993, certain Philippine The purpose and intent of the Legislator was that a
products are admitted to US duty-free, proper standard of the quality of tobacco should be
determination of which is left to the customs fixed and defined, and that all of those who
officials. GOv-Gen issued EO requiring produce tobacco of the same standard should have
collector of customs and CIR to adopt rules equal rights and opportunities. It was never
and regulations to make sure US gov will not intended that a standard should be fixed which
be defrauded by Ph exporters. Insular collector would limit the manufacture of cigars for export to
issued Regulations. certain provinces of the Islands, or that the
tobacco produced in one province should be
-INVALID REGULATIONS measured by another and different standard than
the tobacco produced in any other province. That
would amount to discrimination and class
legislation, which, even the Legislature, would not
have the power to enact.
Young v Rafferty IRA authorizes the CIR to specify the manner The power to CIR do not empower the Collector to
in which the proper books of accounts shall be designate the language in which the entries in
kept. CIR issued a circular requiring every such books shall be made by merchants subject to
merchant and manufacturer, to keep a record the percentage tax.
of his daily sales either in English or Spanish.

-INVALID REGULATION

Sy Man v Fabros Commissioner of Customs is vested by law the
power to review protested case of assessment
of duties. The Commissioner now insists that
he has power to review, reverse or modify the
UNAPPEALED decisions of the Collector of
Customs as provided in a memorandum order.
If the law does not give the Commissioner the
power to review and revise unappealed decisions
of the Collector of Customs in seizure cases, then
the memorandum order even if duly approved and
published in the Official Gazette, would equally
have no effect for being inconsistent with law.

-NO POWER
Interprovincial Law allows the BIR to collect DST on bill of
Autobus v CIR lading or receipts which shipment is worth
more than 5 pesos. The Regulation provides
that those that does NOT state in the receipts
or bill of lading that the shipment is worth less
than 5 pesos shall be taxed with the DST.
-VALID REGULATION
The reason for sustaining the validity of the
regulation may be found in the principle of
legislative approval by re-enactment. When the
NIRC was approved on February 18, 1939, the same
provisions on stamp tax, bills of lading and
receipts were reenacted. There is a presumption
that the Legislature reenacted the law on the tax
with full knowledge of the contents of the
regulations then in force regarding bills of lading
and receipts, and that it approved or confirmed
them because they carry out the legislative

Page 6
CASE DIGEST ERENETA #TIFFANOTES
Phil Lawyer's Assoc Director of Patents required an exam before a In the absence of an express and clear provision of
v Agrava person can be a part of the Bureau of Patents. law giving the necessary sanction, to require
lawyers to submit to and pass on examination
-INVALID prescribed by it before they are allowed to practice
before said Patent Office, then there would be no
reason why other bureaus may not also require
that any lawyer practising before them or
otherwise transacting business with them on
behalf of clients, shall first pass an examination to
qualify.
Phil Inter-island President Marcos, in pursuant of his legislative What determines whether an act is a law or an
Shipping v CA powers, issued an EO adjusting the rate of administrative issuance is not its form but its
pilotage fees. PPA refused to enforce the law. nature. The power to fix the rates of charges for
services, including pilotage service, has always
appealed such action, claiming only PPA can been regarded as legislative in character.
prescribe rates.
There is no basis for petitioners' argument that
-VALID EO rate fixing is merely an exercise of administrative
power; that if President Marcos had power to
revise the rates previously fixed by the PPA.
CIRev v CA & Champion, Hope and More registered by The new law would have its amendatory provisions
Fortune Fortune (as local brand) was subject to 55%. applied to locally manufactured cigarettes which
RA 7654 enacted charging those currently at at the time of its effectivity were not so classified
55% to 45% or 20%. as bearing foreign brands. Hence, without RMC 37-
93, the enactment of RA 7654, would have had no
-LEGISLATIVE POWER new tax rate consequence on private respondent's
products. In so doing, the BIR not simply
interpreted the law; it legislated under its quasi-
legislative authority. The due observance of the
requirements of notice, of hearing, and of
publication should not have been then ignored.
Lupangco v CA Professional Regulation Commission issued a The law is unreasonable.
Resolution prohibiting examinees from
attending review centers and accepting It is an aixiom in administrative law that
reviewers three days before the examination administrative authorities should not act
day. arbitrarily and capriciously in the issuance of rules
and regulations. To be valid, such rules and
-INVALID regulations must be reasonable and fairly adapted
to the end in view. If shown to bear no reasonable
relation to the purposes for which they are
authorized to be issued, then they must be held to
be invalid.
Olsen v Rafferty EO was issued requiring the adoption by the The EO here are administrative in nature and do
insular collector of customs and CIR to adopt not pass beyond the limits of the department to
rules and regulations to insure that the gov't of which they are directed or in which they are
US will not be defrauded by Phil exporters. published, and, therefore, create no rights in third
persons. Disobedience to or deviation from such
Petitioners issued mandamus to secure an an order can be punished only by the power which
order directing Respondent to issue certificate issued it; and, if that power fails to administer the
of origin of cigars. corrective, then the disobedience goes unpunished.
In that relationship no third person or official may
-NO SUCH RIGHT intervene, not even the courts.

Page 7
CASE DIGEST ERENETA
Pharma and Health P. Aquino issued Milk Code law which seeks to
Care v Health Sec give effect to Article 112 of the International
Code of Marketing of Breastmilk Substitutes.
DOH issued Revised Implementing Rules and
Regs absolutely prohibiting advertising or
other forms of promotion to the general public
of products within the scope of the ICMBS.
#TIFFANOTES
The DOH's power under the Milk Code to control
information regarding breastmilk vis-a-vis
breastmilk substitutes is not absolute as the power
to control does not encompass the power to
absolutely prohibit the advertising, marketing, and
promotion of breastmilk substitutes.

-INVALID RULES
Eastern Shipping Petitioner contends that EO is unconstituional It is axiomatic that an administrative agency, like
Lines v CA because its interpretation and application are the PPA, has no discretion whether to implement
different form the PPA circulars. It insists that the law or not. Its duty is to enforce it. Unarguably,
it should pay pilotage fees in accordance with therefore, if there is any conflict between the PPA
the Memo issued by PPA. circular and a law, such as EO 1088, the latter
prevails.
-CONSTITUTIONAL
PENAL STATUTES
People v Maceren Secretary of Agriculture and Natural Power to declare what acts should constitute a
Resources increased the Fisheries Law by criminal offense cannot be delegated.
restricting electro-fishing to fresh water
fisheries While an administrative agency has the right to
make rules and regulations to carry into effect a
-INVALID law, the power should not be confused with the
power to enact a criminal statute.
US v Panlilio Panlilio was charged with violation of Act No While the orders of the Bureau of Agriculture may
1760 for transporting the carabaos which are possibly be said to have the force of law, they are
required to be quarantined. not statutes and particularly not penal statutes,
and violation of such orders is not a penal offense
-INVALID unless the statute itself makes the violation
unlawful and penalizes it.

Nowhere in the Act does it make any violation of

US v Topasi Molina Topasi was prosecuted for perjury for giving a way
false statement under oath when he was
ordered by the Director of Constabulary
-VALID
the orders a penal offense, nor is punished in any
The regulations adopted under legislative
authority by a particular department must be in
harmony with the provisions of the law, and for the
sole purpose of carrying into effect its general
provisions. By such regulations, of course, the law
itself can not be extended. So long, however, as the
regulations relate solely to carrying into effect the
provisions of the law, they are valid. A violation of
a regulation prescribed by an executive officer of
the Government in conformity with and based
upon a statute authorizing such regulation,
constitutes an offense and renders the offender
liable to punishment in accordance with the

Page 8
CASE DIGEST ERENETA
People v Santos A conditional clause of Sec 28 in AO 2
provided that boats must obtain a license
before fishing 3km from the shorelines.
-INVALID
#TIFFANOTES
The authority granted to the Secretary of
Agriculture and Commerce was to issue from time
to time such instructions, orders, rules and
regulations as may be necessary and proper to
carry into effect Act 4003. Act 4003 however
contains no provision similar to those contained in
the conditional clause.

The conditional clause supplies a defect of the law,

extending it. It is an exercise of legislative power
which the Secreatary does not have. The clause is
People v Que Po Respondent was charged with violation of CB null and to
In order void
become binding and effective, the
Lay circular 20 for not selling the the foreign Circular does not require the publication of the
exchange to Central bank within 1 day circulars, regulations or notices. However, the
following its receipt. Central Bank Circular prescribes a penalty for its
violation, they should be published before
Appeal is based on the claim that Circular 20 becoming effective on the principle that before the
was not published thus had no force and effect. public is bound by its contents, especially its penal
provisions, a law, regulation or circular must first
-VALID APPEAL be published.
AMENDMENT OR REPEAL OF ADMINISTRATIVE RULES AND REGULATIONS
Hilado v CIR The new Secretary of Finance of CIR, issued Secretary of Finance is vested with authority to
GC No V-139, revoking the GC No V-123. It revoke, repeal or abrogate the acts or previous
stated that losses of property which occured rulings of his predecessor in office because the
during the period of WWII are deductible in construction of a statute by those administering it
the year of actual loss or destruction of said is not binding on their successors if thereafter the
property. Thus the amount claimed by latter become satisfied that a different
Petitioner was disallowed. construction should be given.

-VALID The GC Circular can be applied retroactively,

having been issued on a wrong construction of the
law, cannot give rise to a vested right. A vested
right cannot spring from a wrong interpretation.
Ollada v Sec of Secretary of Finance promulgated RR No V-13 The Sec of Finance acted within his authority in
Finance amended by V-43 requiring that simplified set not giving retroactive effect. The resolution was
of bookkeeping records should be especially fully within the Secretary's powers and authority,
designed for each class or kind of trade and and becomes part of the regulation itself.
prepared by a CPA. Secretary also held that
the new regulation cannot be applied The Petitioner also has no right of action for his
retroactively and could not adversely affect demand to have the current simplified records is
those who had already acquired an accrued not a vested right.
right under the old regulation

-VALID

Page 9
CASE DIGEST ERENETA
Fortich v Corona SC struck down the "win-win" resolution of the
OP who reopened a case which had long been
final and executory decision. Respondents
contend that the win-win resolution is not void
because it seeks to correct and erroneous
ruling.
-INVALID APPEAL
Bagatsing v COP -VALID BIDDING
REQUIREMENTS OF NOTICE AND HEARING OR PUBLICATION
Eastern Shipping Petitioner is assailing the constitutionality of The PPA may increase the rates but it may not
Lines v CA EO 1088 from the right of Davao Pilots
Association to collect the pilotage fees of
Petitioners, being an undue delagation of
powers.
-CONSTITUTIONAL
EXTENT OF JUDICIAL OR QUASI-JUDICIAL POWERS
Philex Mining Corp Petitioner filed a claim of ownership over the
v Zaldivia mining claim against Z in the Director of
Mines. The Director of Mines dismissed the
adverse claim since it had no jurisdiction to
resolve question of ownership.
-NO JURISDICTION
Page 10
#TIFFANOTES
Decisions of the OP shall become final after 15
days from receipt of the order, unless a motion for
reconsideration thereof is filed within such period.
When the OP declared the decision final and
executory because no one seasonably filed an MR,
the said Office had lost its jurisdiction to re-open
the case, more so modify its Decision. Having lost
its jurisdiction, the OP has no more authority to
entertain the second motion.
Since the decisions of both the CSC and the OP
had long become final and executory, the same can
no longer be reviewed by the courts. Decisions and
orders of administrative agencies, rendered
pursuant to their quasi-judicial authority, have
upon their finality, the force and binding effect of a
The COA itself, the agency that adopted the rules
on bidding procedure to be followed by
government offices and corporations, had upheld
the validity and legality of the questioned bidding.
The interpretation of an agency of its own rules
should be given more weight than the
interpretation by that agency of the law it is
merely tasked to administer.
decrease them below those mandated by E.O. No.
1088.
Because the PPA circulars are inconsistent with
EO 1088, they are void and ineffective.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the AGENCIES
OF ADMINISTRATIVE Constitution.
The sole issue raised by it is a pure question of law,
one originating from the alleged fiduciary or
contractual relationship between Petitioner and
Scholey. There is here no question of fact nor
matters requiring technological knowledge and
experience. The issue is one to be resolved in
conformity with legal rules and standards
governing the powers of an agent. Decision of such
questions involves the interpretation and
application of laws which is essentially an exercise
of the judicial power under the Constitution and
exclusively allocated to the SC and such courts as
the Legislature may establish and one that mining
officials are ill-equipped to deal with.
CASE DIGEST ERENETA
Antipolo Realty Respondent Y brought the case to NHA for
Corp v NHA reinstatement of contract when AR Corp
rescinded the contract upon the stopping of
Respondent from paying installment payments
because AR Corp failed to undertake the
subdivision project.
-WITH JURISDICTION
#TIFFANOTES
PD 957: The NHA shall have exclusive jurisdiction
to regulate the real estate trade and business.
The NHA was legally empowered to determine and
protect the rights of contracting parties under the
law administered by it and under the respective
agreements, as well as to ensure that their
obligations thereunder are faithfully performed.

A statute may vest exclusive original jurisdiction

in an administrative agency over certain disputes
and controversies falling within the agency's
Guerzon v CA PSP and Petitioner entered into a contact. Illegal trading in petroleum products is a criminal
Upon the expiration, Petitioner failed to act wherein the injured party is the State. The
surrender the station premises and PSP's Bureau may: (1) impose a fine not exceeding
equipment. The Bureau of Energy Utilization P1,000.00; and (2) in case of failure to pay order
ordered G to immediately vacate the services the suspension, closure or stoppage of operations
based on illegal trading of petroleum products. of the establishment of the guilty party. Its
authority is limited to these two (2) options. It can
-NO JURISDICTION TO EJECT do no more, as there is nothing in P.D. No. 1206
PETITIONER which empowers the Bureau to issue an order to
vacate in case of a violation.
CHAPTER 4: SEPARATION OF ADMINISTRATIVE AND OTHER POWERS
DOCTRINE OF NON-DELEGATION
Eastern Shipping KS was awarded a sum of money by POEA for The provisions of the said circular are deemed
Lines v POEA the death of her husband which is mandated in written into the contract as a postulate of the
Memo Circular 2 prescribing a standrad police power of the State
contract to be adopted by both foreign and
domestic shipping companies. Petitioner It is true that legislative discretion as to the
caims It never entered into such a contract substantive contents of the law cannot be
thus questioning the validity of the Circular as delegated. What can he delegated is the discretion
violative of the principle of non-delegation. to determine how the law may be enforced, not
what the law shall be. There are two accepted tests
-VALID DELEGATION to determine whether or not there is a valid
delegation of legislative power: (1) the
completeness test and (2) the sufficient standard
test.

The power of the POEA in requiring the model

contract is not unlimited as there is a sufficient
standard guiding the delegate in the exercise of
the said authority. That standard is mandated it to
protect the rights of overseas Filipino workers to

Page 11
CASE DIGEST ERENETA #TIFFANOTES
BOCEA v Teves High ranking officials of the BOC started to RA 9335 adequately states the policy and
disseminate Performance Contracts for the standards to guide the President in fixing revenue
lower ranking officials and rank-and-file targets and the implementing agencies in carrying
emplyees to sign pursuant to the mandate of out the provisions of the law. Section 2 spells out
RA 9335 and its IRR. The IRR provides the the policy of the law. While Sec 7 specifies the
setting of criteria and procedures for removing
from service whose revenue collection fall conditions under which officials and employees
short of the target. whose revenue collection falls short of the target
by at least 7.5% may be removed from the servIce.
-VALID DELEGATION OF LEGISLATIVE
POWERS In any case, the ff are sufficient standards "public
interest", "justice and equity", "public convenience
and welfare" and "simplicity, economy and
welfare". In this case, the declared policy of
optimization of the revenue-generation capability
DELEGATION TO ADMINISTRATIVE AGENCIES
US v Ang Tang Act 2868 was enacted penalizing the monopoly By its very terms, the promulgation of temporary
and holding of palay, rice, and corn under rules and emergency measures is left to the
extraordinary circumstances, regulating its discretion of the Governor-General. The Law is
distribution and sale, and authorizing the incomplete. The Legislature does not undertake to
Governor-General, whenever, for any cause, specify or define under what conditions or for what
conditions arise resulting in an extraordinary reasons the Governor-General shall issue the
rise in the price, to issue and promulgate, with proclamation, but says that it may be issued "for
the consent of the Council of State, temporary any cause," and leaves the question as to what is
rules and emergency measures for carrying "any cause" to the discretion of the Governor-
out the purpose of this Act. General. The Legislature also does not specify or
define what is "an extraordinary rise." Nor does it
The Governor-General issued a proclamation specify or define what is a temporary rule or an
fixing the price of rice and penalizing emergency measure, or how long such temporary
violation. rules or emergency measures shall remain in force
and effect, or when they shall take effect.
-INVALID DELEGATION
Futhermore, there was no act of the Legislature
making it a crime to sell rice at any price, and
without the proclamation, the sale of it at any price
Compania General RA 2307 empowers the Board of Pubic Utility As is apparent at a glance the provision conferring
De Tabacos v Public "after hearing, upon notice, by order in writing, authority on the board is very general. It is also
Utility Comm to require every public utility to furnish very comprehensive. The provision does not
annually a detailed report of finances and declare, or set out, or indicate what information
operations, in such form and containing such the State requires, what is valuable to it, what it
matters as the Board may from time to time by needs in order to impose correct and just taxation,
order prescribe" supervision or control, or the facts which the State
must have in order to deal justly and equitably
-INVALID DELEGATION with such public utilities and to require them to
deal justly and equitably with the State. The
Legislature authorized the Board to require what
information the board wants and delegated to the
Board all of its powers over a given subject-matter
in a manner almost absolute, and without laying
down a rule or even making a suggestion by which
that power is to be directed, guided or applied.

Page 12
CASE DIGEST ERENETA #TIFFANOTES
People v Vera Sec 11 of Act 4221 is being challenged for As a rule, an act of the legislature is incomplete
being an unconstitutional delegation, which and hence invalid if it does not lay down any rule
states: "This Act shall apply only in those or definite standard by which the administrative
provinces in which the respective provincial officer or board may be guided in the exercise of
boards have provided for the salary of a the discretionary powers delegated to it.
probation officer at rates not lower than those
now provided for provincial fiscals. Said The probation Act does not, by the force of any of
probation officer shall be appointed by the its provisions, fix and impose upon the provincial
Secretary of Justice and shall be subject to the boards any standard or guide in the exercise of
direction of the Probation Office." their discretionary power. What is granted is a
"roving commission" which enables the provincial
-UNCONSTITUTIONAL boards to exercise arbitrary discretion, to
determine for themselves, whether the Probation
Pelaez v Auditor- Law shallaapply
Petitioner is assailing the constitutionality of Without to their
statutory provinces
declaration of or not atthe
policy, all.
General Sec 68 of the Revised Admin Code created by delegate would in effect, make or formulate such
EO's, which empowers the President by EO to policy, which is the essence of every law; and,
"define the boundary, or boundaries and without the standard, there would be no means to
increase or diminish the territory comprised determine, with reasonable certainty, whether the
into such portions as may be required, merge, delegate has acted within or beyond the scope of
name, and may change the seat of government his authority.
to such place therein as the public welfare may
require No standard sufficiently precise. The phrase "as
the public welfare may require" qualified, not the
-INVALID DELEGATION clauses preceding the one just quoted, but only the
place to which the seat of the government may be
transferred.

Assuming "public welfare" qualifies all other

clauses, the creation of municipalities is
essentially and eminently legislative in nature and
Edu v Ericta Respondent assails the validity of AO 2 in The challenged statute is a legislation enacted
enforcing the Reflector Law. The AO2 has a under the police power to promote public safety.
provision reproducing what was set forth in
the Act in terms of the style, kind, placement,
The standard may be either express or implied. If
class, beam distance, size, amount, etc. the former, the non-delegation objection is easily
met. The standard though does not have to be
The AO also provides Penalties resulting from spelled out specifically. It could be implied from
non-compliance. the policy and purpose of the act considered as a
whole. In the Reflector Law, clearly the legislative
-VALID DELEGATION objective is public safety.

Page 13
CASE DIGEST ERENETA
Echegaray v Sec of Petitioner assails the constitutionality of RA
Justice 8177 for unduly delegating legislative power to
the Sec of Justic and Dir of the Bureau of
Corrections. The Secretary of Justice
promulgated the Rules and Regulations to
Implement Republic Act No. 8177 and directed
the Director of the Bureau of Corrections to
prepare the Lethal Injection Manual.
-VALID DELEGATION
#TIFFANOTES
Empowering the Secretary of Justice to
promulgate rules and regulations on the subject of
lethal injection is a form of delegation of
legislative authority to administrative bodies. The
law sufficiently describes what job must be done,
who is to do it, and what is the scope of his
authority. The law also provides that the death
sentence shall be executed under the authority of
the DBC, endeavoring so far as possible to
mitigate the sufferings of the person, to take steps
to ensure that the lethal injection causes the
instantaneous death of the convict. And all
personnel involved shall be trained.

However, the IRR sufferes serious flaws:

(1) The Secretary of Justice has practically
abdicated the power to promulgate the manual on
the execution procedure to the DBC, by not
providing for a mode of review and approval
thereof.
(2) Section 17 of the IRR omits the 1 year period ff
delivery as an instance when the death sentence is
suspended, and adds a ground for suspension of
sentence no longer found under Article 83 of the
SUFFICIENCY OF STANDARD
Rubi v Provincial Sec 2145 of Admin Code 1917 provides: With An exception to the general rule permits the
Board of Mindoro the prior approval of the Department Head, the central legislative body to delegate legislative
provincial governor of any province in which powers to local authorities. The Philippine
non-Christian inhabitants are found is Legislature has here conferred authority upon the
authorized, when such a course is deemed Province of Mindoro, to be exercised by the
necessary in the interest of law and order, to provincial governor and the provincial board.
direct such inhabitants to take up their
habitation on sites on unoccupied public lands As officials charged with the administration of the
to be selected by him an approved by the province and the protection of its inhabitants, they
provincial board. are better fitted to select sites which have the
conditions most favorable for improving the
-VALID DELEGATION OF LEGISLATIVE people who have the misfortune of being in a
People v Rosental POWER
Act 2581 (blue Sky Law) requires every person, backward state.
The authority of the Insular Treasurer to cancel a
and Osmena partnership or corporation to obtain a certificate or permit is expressly conditioned upon
certificate or permit from the Insular Treasurer a finding that such cancellation "is in the public
before offering for sale to the public, interest." In view of the intention and purpose of
speculative securities. The Insular Treasurer is
empowered to cancel or revoke a certificate or "speculative schemes which have no more basis
permit previously issued to him. than so many feet of blue sky" and against the
"sale of stock in fly-by-night concerns, visionary
-SUFFICIENT STANDARD oil wells, distant gold mines, and other like
fraudulent exploitations".

Public interest concerns the selling of worthless

tax -> Police Power

Page 14
CASE DIGEST ERENETA #TIFFANOTES
Cervantes v Auditor RA 51 authorized the Presiden to effect such RA 51 lays down a standard and policy that' the
General reforms and changes in government owned purpose shall be to meet the exigencies attendant
and controlled corporations (GCG) for the upon the establishment of the free and
purpose of promoting simplicity, economy and independent government of the Philippines and to
efficiency in their operation. promote simplicity, economy and efficiency in
their operations.' The standard was set and the
-SUFFICIENT STANDARD policy fixed. The President merely carried the
mandate by promulgating the EO in question.
People v Jollife Section 74 of RA 265 conferred upon the Delegation furnishes a reasonable standard which
Monetary Board and the President the power sufficiently marks the field within which the
to subject to licensing all transactions in gold Administrator is to act so that it may be known
and foreign exchange 'in order to protect the whether he has kept within it in compliance with
international reserve of the Central Bank the legislative will.
during an exchange crisis.' And authorized to
take such appropriate remedial measures 'to The law states that that these powers must be
protect the international stability of the peso.'
construed and exercised "to maintain monetary
stability in the Philippines," and "to promote a
-SUFFICIENT STANDARD rising level of production, employment and real
PACU v Sec of Educ Act 2706 provides that: "It shall be the duty of income
Adequate in and
the Philippines."
efficient instruction should be
the Secretary of Public Instruction to maintain considered sufficient, in the same way as "public
a general standard of efficiency for schools welfare" "necessary in the interest of law and
and furnish adequate instruction to the public order" "public interest" and "justice and equity and
and shall have authority to advise, inspect, and substantial merits of the case" have been held
regulate schools in order to determine the sufficient as legislative standards justifying
efficiency of instruction given in the same" delegation of authority to regulate.

"The Department of Education shall from time Tthere has been no undue delegation of legislative
to time prepare and publish in pamphlet form power.
the minimum standards required."

-SUFFICIENT STANDARD
Balbuena v Sec of RA 1265 authorizes the Secretary of Education Simplicity and dignity of the flag ceremony and
Educ to issue rules and regulations on the proper the singing of the National Anthem constitute an
conduct of flag ceremony which shall be adequate standard.
"simple and dignified and shall include the
playing or singing of the Natonal Anthem."That the Legislature did not specify the details of
Pursuant therefore, Secretary issued Dept the flag ceremony is no objection to the validity of
Order 8 prescribing compulsory flag ceremony
the statute, for all that is required of it is the laying
in all schools. down of standards and policy that will limit the
discretion of the regulatory agency. To require the
-SUFFICIENT STANDARD statute to establish in detail the manner of exercise
of the delegated power would be to destroy the
administrative flexibility that the delegation is
International Sec 4 of Commonwealth Act 103 empowers the The standard is set forth in Sec 20, wherein the
Hardwood v Pangil CIR to set the minimum daily wages of court shall act according to "justice and equity and
Fed of Labor common laborers and devise a proper schedule substantial merits of the case, without regard to
of rate of wages for all laborers. technicalities or legal forms." The National
Assembly has by this section furnished a sufficient
-SUFFICIENT STANDARD standard by which the court will be guided in
exercising its discretion in the determination of
any question or controversy before it.

Page 15
CASE DIGEST ERENETA #TIFFANOTES
Tatad v Secretary of RA 8180 provides for the implementation of Congress expressly provided that full deregulation
Energy deregulation of downstream oil industry. It at the end of March 1997 is mandatory and the
contains two phases, the second phase is the Executive has no discretion to postpone it for any
full deregulation phase. Sec 15 provides that: purported reason. Thus, the law is complete on the
the DOE shall, upon approval of the President, question of the final date of full deregulation. The
implement the full deregulation of the discretion given to the President is to advance the
downstream oil industry not later than March date. Section 15 lays down the standard to guide
1997. As far as practicable, the DOE shall time
the full deregulation when the prices of crude far as practicable when the prices of crude oil and
oil and petroleum products in the world petroleum products in the world market are
market are declining and when the exchange declining and when the exchange rate of the peso
rate of the peso in relation to the US dollar is in relation to the US dollar is stable.
stable."
However, EO 392 is null and void as it was based
-SUFFICIENT STANDARD, but President on indeterminate standards when it added that the
failed to follow the standard depletion of the OPSF fund as a factor to be given
weight by the Executive before ordering full
RESTRICTION ON GRANT OF JUDICIAL POWER
Lovina v Morena After various complaints of residents in the R.A. 2056 merely empowers the Secretary to
Municipality of Macebe, the Secretary of remove unauthorized obstructions or
Public Works and Communications found that encroachments upon public streams, constructions
the constructions of certain dams and dikes in that no private person was anyway entitled to
a fishpond blocks the Sapang Bulati, a make, because the bed of navigable streams is
navigable river, declaring it a public nuisance public property, and ownership thereof is not
after notice and hearing, thus ordering its acquirable by adverse possession.
removal.
It is true that the exercise of the Secretary's power
-VALID DELEGATION OF JUDICIAL under the Act necessarily involves the
POWER determination of some questions of fact, but these
functions are merely incidental to the exercise of
the power granted by law
Miller v Mardo Manuel Gonzales filed a claim against The RA provides that the Commission was
Petitioner with the Regional office of the Dep't empowered to "create those which way be
of Labor for arbitrarily dimissing him as a necessary for the efficient conduct of the
driver without separation pay. Petitioner government service, activities, and functions." The
alleges that the Dept of Labor has no functions referred refers merely to administrative,
jurisdiction to hear and decide the subject not judicial functions.
matter. Petitioner questions the
Reorganization Plan 20-A pursuant to RA1241 If the legislative confers on administrative bodies
conferring jurisdiction to the Regional Offices quasi-judicial pwoers, they must state its intention
to decide claims of laborers. in express terms that would leave no doubt, as
even such quasi-judicial prerogatives must be
-INVALID AND NO EFFECT limited, if they are to be valid, only to those
incidental to or in connection with the
performance of jurisdiction over a matter
exclusively vested in the courts. Such conferment
can not be implied from a mere grant of power to a
CHAPTER 5: ADMINISTRATIVE PROCEEDINGS
JURISDICTION

Page 16
CASE DIGEST ERENETA
Republic v Eno Editha filed a claim alleging that the
Fishpond Corp assignment of the shares was made without
her consent. Due to this, the Undersecretary of
Dept of Agriculture denied the application of
the trasnfers of shares. Afterwards, Editha filed
a withdrawal of her complaint which the
Undersecretary denied based on the fact that it
would "impair the former shares of stock".
#TIFFANOTES
Undersecretary is given sufficient discretion to
approve or dissapprove the applications/petitions.
However that discretion mustbe confined within
the parameters set forth by law. Compliance with
the requirements of FAO No. 60 entitles the
applicant to reasonably expect the approval of his
application unless some other provision of law
says otherwise.

-WHIMISICAL EXERCISE OF DISCRETION Here, Undersecretary Drilon indulged in

La Union Labor Petitioner and Respondent entered into an
Union v Phil agreement to settle a labor dispute but with a
Tobbacco proviso that all other points not covered will
be presented to the Wage Administration
Service for adjudication. Thereafter, Petitioner
fild a claim for wage differentials with the
WAS wherein it rendered a decision in favor of
claimants and ordered the PTFR to pay.
whimsical exercise of discretion when he denied
the application of Eno Corporation where he
premised his disapproval on a ground not
comtemplated by FAO.of the WAS is to hear
The ordinary function
complaints or claims for wages; and conciliate the
parties if possible, and if they are willing to submit
the case for arbitration, to have said parties enter
into a written agreement that they would abide by
the result of said arbitration, otherwise, all that the
WAS is to file the corresponding complaint in a
competent court.

-WAS HAS NO JURISDICTION The written agreement was insufficient to confer

power and jurisdiction on the WAS to decide the
case. What is required is a written agreement
signed by the parties to submit to arbitration and
to abide by the result of the decision flowing from
said arbitration.

Atty Ereneta: you cant merely say I submit it to

you, you have to agree to abide by the result of the
DUE PROCESS OF LAW IN ADMINISTRATIVE ADJUDICATION
Villa v Lazaro The Human Settlement Regulatory (1) Respondent did not then or at any time before
Commission "HSRC" requested petitioner to issuance of the order and writ of execution
trasmit proof of location clearanceby the office complained of bother to put her on notice, formally
to construct a funeral parlor. After submitting or otherwise, of Veneracion's complaint.
such clearance, the HSRC imposed upon (2) Petitioner not once but thrice furnished the
Petitioner a fine for failing to give such Commission with copies of official documents
clearance. The HSRC also never made know certifying to her compliance. None of these
the complaint until it had aleady rendered documents appears to have made any impression
several rulings, neither did it refer to the on Commissioner Dizon, whose show-cause order
documents sent by Petitioner. made no mention of them whatsoever.
(3) There was absolutely no excuse for conducting
-DENIAL OF DUE PROCESS an inquiry in the most informal manner by means
only of communications requiring submission of
certain documents, which left the impression that
compliance was all that was expected of her and
with which directives she promptly and religiously
CONSTITUTIONAL REQUIREMENT OF NOTICE AND HEARING

Page 17
CASE DIGEST ERENETA
Danan v Aspillera Petitioner's certficate of public convenience to
install and operate a 1D-ton ice plant was
cancelled and revoked. During the trial,
petitioner failed to appear due to an accident.
The decision now became final, irrevocable
and executory because they failed to file an
MR.
#TIFFANOTES
The Commission ex-parte revoked the certificate
without giving the operators previous notice and
opportunity to explain their side. This practice
violates the due process clause of the Constitution.
Public officers and employees impairs a persons
right against deprivation of property without due
process of law.

-DENIAL OF DUE PROCESS Nevertheless, petitioners are not entitled to relief

because the ice plant was not operating for 4 years.
Meralco v Medina Meralco's proposal to increate rates was The law, from which the Commission derives its
approved by PSC, thereafter PSC w/o notice or powers, does not confer discretion to suspend the
hearing issued an order suspending the effectivity of the orders, continuing existing
effectivity of the decision. service or prescribing rates. Otherwise, it would
have added after the words "shall be immediately
-DENIAL OF DUE PROCESS operative" the expression "unless the Commission
provides otherwise."

Assuming arguendo, the same was issued merely

upon an ex parte motion, and without giving the
party adversely affected an opportunity to oppose
the suspension and present its side of the question.
In effect the suspension order amounted to denial
of due process, the petitioner already acquired
valuable rights, of which it was deprived without
being given a chance to be heard.
Meralco v PSC (Similar facts as above) Considering the fact that the reduction of rates
might involve huge amounts of money and the
errors, alleged to have been committed, if true,
would affect likewise not only the right of the
petitioner but also public interest, it would have
been a better part of valor and wisdom to have
delayed a little bit the final resolution of the
controversy.

The commission must bow its head to the

constitutional mandate that no person shall be
Commissioner of Respondents were admitted to the Philippines deprived of right
It is not the without
decision of thedue process
Board of law.
of Special
Immigration v on a ruling by the Board of Special Inquiry of Inquiry that the new Board reviewed motu proprio,
Fernandez the Bureau of Immigration that they were but that of the old Board of Commissioners. The
Filipino citizens. law does not authorize the new board to review
that of its predecessor board but only that of the
The new Board of Commissioners motu Board of Special Inquiry.
proprio reversed, without notice and hearing
the decision of the Board of Special Inquiry. In any event, since the proceedings affected their
status and liberty, notice should have been given.
-DENIAL OF DUE PROCESS
Atty Ereneta: The case cannot be reopened but
they can start the case again.

Page 18
CASE DIGEST ERENETA
Maceda v ERB Petitioner seeks to nullify the ERB orders on
the ground that the hearings conducted on the
provisional increase did not allow him
substantial cross-examination, because the
ERB ordered that all the evidence be placed on
record first.
-NO VIOLATION OF DUE PROCESS
NO HEARING IS REQUIRED
Suntay v People When a verified complaint for seduction was Hearing would have been proper and necessary if
filed against Petitioner, he obtained a passport the reason for the withdrawal or cancellation of the
and then left for US. The Passport was
cancelled without notice and hearing so that
he will appear in court
-NO VIOLATION OF DUE PROCESS
Bishop v Galand Petitioner applied for extension to stay in the
Philippines with the Bureau of Immigration. It
was denied without notice and hearing,
because Bismag Productions (where he was
working) was discovered to be a gambling
front and Petitioner was suspected of having
evaded payment of income tax.
-NO VIOLATION OF DUE PROCESS
#TIFFANOTES
The ERB which in matters of rate or price fixing is
considered as exercising a quasi-legislative, not
quasi-judicial, function As such administrative
agency, it is not bound by the strict or technical
rules of evidence governing court proceedings.
Jurisdiction of the Board and the grounds for
which it may decree a price adjustment is subject
only to the requirements of notice and hearing.
passport were not clear but doubtful. But where the
holder of a passport is facing a criminal a charge
and left the country, the Secretary for Foreign
Affairs, in the exercise of his discretion to revoke a
passport, cannot be held to have acted whimsically
or capriciously in withdrawing and cancelling such
passport. Due process does not necessarily mean
or require a hearing. When discretion is exercised
by an officer vested with it upon an undisputed
fact hearing maybe dispensed with by such officer.
The administration of immigration laws is the
primary and exclusive responsibility of the
Executive branch of the government. Extension of
stay of aliens is purely discretionary. Since
Commonwealth Act No. 613 is silent as to the
procedure to be followed in these cases, courts
have no jurisdiction to review the purely
administrative practice of immigration authorities
of not granting formal hearings in certain cases as
the circumstances may warrant, for reasons of
practicability and expediency.

A day in court is not a matter of right in

Bautista v WCC WCC dismissed the claim of Petititoner due to administrative proceedings.
Under the circumstances, claimant was clearly
its non-appearance. The facts show that there deprived of his day in court. Consequently, the
was lack of notice. WCC did not pass upon the dismissal of the claim premised on claimant and
issue of denial of due of process. his counsel's "repeated non-appearance" at the
aforestated hearings cannot stand.
-VIOLATION OF DUE PROCESS
The court can decide a compensation claim and
terminate the matter here and now. The niceties
and refinements of technical rules on procedure
must give way to effect substantial justice to the
claimant .
DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE

Page 19
CASE DIGEST ERENETA #TIFFANOTES
American Tobacco Rule 168 f the Revised Rules of Practice before The Director of Patents is "empowered to obtain
v Director of the Phil Patent Office in Trademark Cases the assistance of technical, scientific or other
Patents authorized the Director of Patents to designate qualified officers, when deemed necessary relative
any ranking official of said officer to hear inter to the enforcement of the provisions." The nature
partes proceedings. Where all judgments of the power and authority entrusted to The
determning the merits of the case shall be Director of Patents should be construed so as to
personally and directly prepared by the give the aforesaid official the administrative
Director and signed by him. flexibility necessary for the prompt and
expeditious discharge of his duties in the
-VALID SUBDELEGATION administration of said laws. It could hardly be
expected, in view of the magnitude of his
responsibility, to require him to hear personally
each and every case pending in his Office.
EVIDENCE IN ADMINISTRATIVE PROCEEDINGS
Santos v Noble CIR lost the accounts of Petitioner. Because of The petition is not groundless, since they granted
this Petitioner could not possibly prove the his request for reinvestigation. Also he is not in
errors allegedly committed by the BIR agent in bad faith because he already paid two thirds of his
arriving at the figures stated. The hearing assessment.
proceeded without the missing books.
It is true that a taxpayer who contests the
-DEPRIVED OF RIGHT TO PRESENT correctness of an assessment has the burden of
EVIDENCE proving his contention, which Petitioner was
willing to do bt he was deprived of the means of
doing it with the loss of his books. His only error is
not presenting secondary evidence.

Petitioner should be given a last opprotunity to

Buan v La Mallorca Public Service Commission denied the grant of prove withfindings
The PSC's secondary
areevidence.
supported by more than
certificate to Petitioner to operate additional substantial evidence and therefore binding upon
trips between Manila and various this Court, which is not required to examine the
Municipalities of Barrios in Bataan. proof de novo and determine for itself whether or
not the preponderance of evidence really justifies
-SUPPORTED BY SUBSTANTIAL EVIDENCE the decision below. Moreover, such doubt as might
arise from the conflict of evidence appears to be
dissipated by the reports of the two checkers sent
out to observe by the Commission.

The PSC is clothed with broad discretion, which

the Court is not supposed to interfere except in
Phil Movie Workers Respondent filed an urgent peittion seeking to The allegations cannot be established by a mere
Asso. V Premiere lay off 44 men on the ground of lack of work inspection of the place of labor specially when
Production and because its business was suffering such inspection was conducted at the request of
financial losses. The CIR authorized the lay-off the interested party. Such inspection could at best
of workers solely on the basis of an ocular witness "the superficial fact of cessation of work".
inspection without accepting the evidence of
employees. Although the CIR is not bound by technical rules
of evidence, it should not be interpreted to mean
-DEPRIVED OF RIGHT TO SUBMIT that it can ignore or disregard the fundamental
EVIDENCE requirements of due process. One of them is the
right to a hearing which includes the right of the
party interested to present his own case and
submit evidence in support thereof.

Atty Ereneta: Ocular Inspection is usually used for

determining physical things, not proper for labor
Page 20 cases.
CASE DIGEST ERENETA #TIFFANOTES
Uy v WCC Uy was an employee of Respondent who was One unlawful act does not justify another.There
killed by robbers while working in farmhouse. being no showing that the police officer in the
WCC denied tha awarding of claim for death present case maliciously or recklessly conducted
compensation on the ground that there was no the investigation and prepared the police report,
substantial proof of employer-employee the police report must be given more probative
relationshop because the rice mill industry, weight than the bias testimonies of private
being a nationalized industry cannot employ respondent's witnesses.
an alien.
While matters of credibility and weight to be
-PROBATIVE WEIGHT OF POLICE REPORT assigned to a particular item of evidence are
primarily for the Commission, the same is true
only where the findings of the Commission are
supported by substantial, credible and competent
evidence. The decision of the Commission lacks
DECISIONS OR ORDERS
Indias v Phil Iron CIR ruled against the employee and agreed The order, it is true, does not make its own
Mines with the hearing examiner's report. The discussion of the evidence or its own findings of
decision merely stated that "finding no fact, but such is not necessary if the court is
sufficient justification for modifyin said satisfied with the report of its examiner or referee
recmmenation, findings, and conclusion and which already contains a full discussion of the
consequently, this case is dimissed." evidence and the findings of fact based thereon. If
it is in full accord with the report, it is purposeless
-VALID DECISION to repeat what the referee or examiner has already
found in it.

The court approved the report of the hearing

examiner "after a perusal of the record of the case."
This presupposes that it has examined the
evidence and found no justification for modifying
Gracilla v CIR Petitioner seeks reinstatment and payment of The CIR should, in all controversial questions,
backwages. The CIR dismissed his complaint render its decision in such a manner that the
"the court en banc fails to find sufficient parties to the proceeding can know the various
justification for altering or modifying the issues involved, and the reasons for the decisions
aforesaid decision." Failing to rule on the rendered.
monetary claims.
The failure of respondent court to pass upon the
-INVALID DECISION monetary claims raised by petitioner, amounted to
a disregard of a cardinal right embraced in due
process, namely, that the issues raised by a party
should not be ignored or left undecided.
Serrano v Public 99 peititoner applied to operate a taxicab. The The failure to respect such cardinal primary right
Service Comm court approved the taxicab on the basis of "for of petitioner to have his application decided in
lack of interest or faulure to prosecute or faiure such a manner as to inform him not only of the
to qualify" issues involved but the reasons for the decision,
which necessarily would likewise require a finding
-INVALID DECISION of facts, cannot receive judicial approval.

It is essential that each and every application

should be considered strictly on its merits and the
relevant facts in support of an order, ruling or
decision be carefully inquired into and clearly set
forth. Otherwise, the exercise of the power of
review by this Court might be condemned to
futility.

Page 21
CASE DIGEST ERENETA #TIFFANOTES
Arrocha v Vivo Immigration Commissioner acted individuallyIndividual action by members of a board plainly
and not collectively as a baord to discuss and
renders nugatory the purpose of its constitution as
vote on a case before it as shown by the a Board. The Legislature organized the Board of
different dates affixed by their signatures.
Commissioners precisely in order that they should
deliberate collectively and in order that their views
-DECISION IS NULLIFIED and ideas should be exchanged and examined
before reaching a conclusion.
ENFORCEMENT OF ADMINISTRATIVE DETERMINATIONS
Weigal v Schuster Collector of Customs imposed a find and The fine to be imposed upon the plaintiff and his
ordered the seizure of the British Steamer vessel was not one for the administrative action
Loonsang in permitting the escape of an because it had to be laid and enforced in
immigrant from his ship. accordance with the law of Congress in which it
had authorized no such action. The error of the
-NO AUTHORITY defendant had root in the notion, expressed in his
testimony "that the Act of Congress, had omitted
to provide machinery for the enforcement of the
laws thereby enacted." That notion overlooked that
fact that the usual machinery for the enforcement
of the laws is found in regularly constituted courts.
CAB v PAL CAB imposed a fine on PAL for making a The CAB has the power to "take such action,
flagstop to Baguio City to pick up passengers, consistent with the provisions of this Act, as may
without fist obtaining permission from the be necessary to prevent further violation of such
CAB provisions, or rules and regulations so issued".
Likewise, it has the power "on matters pertaining
-VALID AUTHORITY to "imposition of civil penalty or fine in connection
with the violation of any provision of this Act or
rules and regulations issued thereunder."

The fine imposed on PAL in CAB resolution is that

fine or civil penalty contemplated and mentioned
in the foregoing provisions and not a fine in the
nature of criminal penalty as contemplated in the
RPC, because the "fine" in this case was imposed
Yao Lit v Geraldez The City Fiscal initiated on its own and filed a by
Thethe CAB because
prosecuting of PAL's
official may violation of CAB
not initiate
case against Petitioners on 2 violations: (1) prosecution until and unless the Commissioner of
Gambling Laws and (2) Immigration issue. Immigration has elected and decided upon said
prosecution in lieu of an administrative charge
-NO AUTHORITY and fine.
Potente v Saulog Petitioner filed with the WAS claim for The law creating the WAS indicates clearly that an
Transit complaint of unpaid overtime compensation, action must be brought in any competent court, for
unjust dismissal and vacation and sick leave the recovery of unpaid wages. The WAS may cause
pay allegedly due him. WAS investigator the employer to satisfy the unpaid wages through
rendered a decision in his favor. A year later, meditation, arbitration, or court action, and by no
WAS ordered the execution of its decision. other means. It has no authority to render a
decision on the claim for wages except in
-NO AUTHORITY determining whether the claim is meritorious.

WAS had no right to ask the court to merely

execute the decision

Page 22
CASE DIGEST ERENETA #TIFFANOTES
Mead v Argel Petitioner was found guilty of polluting the RA 3931 provides the clear legislative intention is
highway canal due to its operation of Insular to vest in the Natural Water and Air Pollution
Reginery Co. The case was filed by the Control Commission the exclusive authority to
Provincial Fiscal of Rizal. determine the existence of "pollution" penalized
thereunder and to prosecute violations of said law.
-NO AUTHORITY
A court action involving the determination of the
existence of pollution may not be initiated until
and unless the Commission has so determined the
existence
CHAPTER 6: JUDICIAL REVIEW OF, OR RELIEF AGAINST, of what in the lawACTIONS
ADMINISTRATIVE is considered
ADMINISTRATIVE FINDINGS AND CONSTRUCTIONS GENERALLY CONCLUSIVE
Board of Medical Board of Medical Education after two teams of There is no law authorizing an appeal from
Educ v Alfonso inspectors reported that respondent fell very decisions or orders of the Secretary of Education,
much short of the minimum standards set for Culture and Sports to this Court or any other
medical schools. The DECS ordered the Court. It is not the function of the Court to review
closure of the school. The local judge did an the decisions and orders of the Secretary on the
ocular inspection and issued a writ of issue of whether or not an educational institution
preliminary injunction becase the deficiencies meets the norms and standards. On this question,
mentioned in the report were non-existent no Court has the power or prerogative to substitute
its opinion for that of the Secretary.
-NO POWER TO SUBSTITUTE
The, only authority reposed in the Courts in the
matter is the determination of whether or not the
DECS has acted within the scope of powers
granted him by law and the Constitution. As long
as it appears that he has done so, any decision
rendered by him should not and will not be subject
to review and reversal.
Gordon v Veridanio A joint team composed of agents of the FDA Settled is the rule that the factual findings of
and narcotics agent conducted a test buy at administrative authorities are accorded great
Respondent's Drug Store and was sold 200 respect because of their acknowledged expertise in
tablets of Valium without doctor's prescription. the fields of specialization to which they are
The Mayor revoked Respondent's permit. After assigned. Even the courts of justice are concluded
the FDA lifted its closure order allowing by such findings in the absence of a clear showing
Respondent to resume office, the Mayor did of a grave abuse of discretion, which is not present
not return the Mayor's Permit. in the case at bar. For all the Mayor's experience in
the enforcement of city ordinances, he cannot
-NO POWER claim the superior aptitudes of the FDA in the
enforcement of the pharmacy and drug addiction
laws. He should therefore also be prepared to
accept its decisions on this matter.

Page 23
CASE DIGEST ERENETA
Macailing v A dispute arose ovr 4 parcels of land between
Andrada the parties. The Secretary of Agiculture and
Natural Resources ruled in favor of Petitioner.
Respondent filed an MR which was denied
because the judgment had become final and
executory. The Asst Executive Secretary in
behalf of the President, reversed the decision.
-NO RIGHT TO REOPEN
#TIFFANOTES
An administrative regulation adopted pursuant to
law, is law. 30 days after receipt by the interested
parties, the decision of the Secretary of Agriculture
and Natural Resources becomes final, except in
cases of mistakes, inadvertence, surprise, default
or excusable neglect. In which case, the Secretary
may relieve a party of a decision, order or other
proceeding taken against him upon application
made within a reasonable time but in no case
exceeding 1 year after such decision, order or
proceeding was taken. Defendants do not come
within the exception just noted.

Closed proceedings should remain closed; vested

rights should not be unsettled. A contrary view
would throw the rule of law to the winds. Decisions
become final when period to appeal has lapsed, no
FINALITY OF ADMINISTRATIVE ACTION FOR PURPOSES OF REVIEW
National Multi- Secretary of Labor declared Hotel Inc guilty of It is true that in the appeal to the National Labor
Service Labor unfair labor practice. Instead of appealing to Relations Commission, there was an oversight.
Union v Acgaoili the OP, Hotel Inc filed a petition for certiorari Private respondents were not notified. At any rate,
with the CFI. private respondents still had a remedy, the
Secretary of Labor. There was also an appeal to the
-COURT HAS NO JURISDICTION President. So it is explicitly provided by the
Decree. That was a remedy both adequate and
appropriate.

It bears repeating that prohibition is available only

if there is no remedy by appeal.

Atty Ereneta: As long as there's still an a remedy

PAL v CAB PAL filed a petitioner for certioriari asking the available atisthe
Certiorari administrative
available level,
as a remedy you cannot
against
court to declare void the grant of provisional administrative agencies. It enables a person
authority alleging denial of due process, when aggrieved to complain against any tribunal, board,
CAB failed to hear its evidence. or officer exercising functions judicial in character
acting without or in excess of jurisdiction or with
-COURT HAS NO JURISDICTION grave abuse of discretion.

The requirement of due process was observed by

CAB, there was notice and hearing where the
profitability of JL's proposed service were
discussed and debated, with PAL represented at
the hearing.
EXHAUSTION DOCTRINE AND PRIMARY JURISDICTION DOCTRINE DISTINGUISHED

Page 24
CASE DIGEST ERENETA
Quintos Jr. v Q's horse was excluded from taking part in the
National Stud Farm race during the day of. Q raised to the trial
court that the cancellation or withdrawal of the
certificate of registration was arbitrary and
oppressive.
#TIFFANOTES
Petitioner prematurely instituted a suit in court for
damages. The reason for this short circuiting of
administrative processes is not explained by
appellant. He gives no reason for his failure to
exhaust administrative remedies.

-PRIMARY JURISDICTION The question could have been resolved in a

manner satisfactory to the parties if the Games
and Amusements Board which certainly had the
necessary qualifications to view its manifold
aspects were appealed to. When the judicial forum
was sought by plaintiff, there was in effect an
unwarranted disregard of the concept of primary
jurisdiction. The stage of ripeness for judicial
review had not been reached.
Industrial IEI and MMC executed a MOA assigning to It is the Bureau of Energy Dev't that has the power
Enterprises v CA MMIC all of IEI's former rights in operating to decide controversies relative to the exploration,
coal. Afterwards, IEI filed an action in court for exploitation and development of coal blocks. It has
rescission of the MOA against MMIC and then jurisdiction over said action and not the civil court.
Minister of Energy
While the action sought the rescission of what
-PRIMARY JURISDICTION appears to be an ordinary civil contract, the fact is
that the MOA is derived from a coal-operating
contract and is inextricably tied up with the right
to develop coal-bearing lands.

If the case is such that its determination requires

CERTIORARI
Aratuc v COMELEC SC suspended the canvassing of votes. The
COMELEC then lifted its order of suspension
and directed the resumption of the canvass.
Petitioners filed a petition for certiorari in the
SC including various errors committed by the
COMELEC.
-VALID PETITION
the expertise, specialized skills and knowledge of
the proper administrative bodies because technical
matters or intricate questions of facts are involved,
then relief must first be obtained in an
administrative proceeding before a remedy will be
supplied by the courts even though the matter is
within the proper jurisdiction of a court. This is the
doctrine of primary jurisdiction. The case should
The certiorari jurisdiction of the Court over orders,
and decisions of the Comelec should be confined
to instances of grave abuse of discretion
amounting to patent and substantial denial of due
process. There are matters that by their nature
ought to be left for final determination to the
sound discretion of certain officers or entities,
reserving it to the Supreme Court to insure the
faithful observance of due process only in cases of
patent arbitrariness.

Page 25
CASE DIGEST ERENETA
Elks Club v Rovira Petitioners filed a petition for Certiori against
the Judge of the CIR when it decided on the
controversy between the petitioner and its
laborers and employees. Petitioner contests
that are not industrial disputes because
Petitioner is not an industrial organization.
#TIFFANOTES
In a special civil action of certiorari the only
question that may be raised is whether or not the
respondent has acted without or in excess of
jurisdiction or with grave abuse of discretion; and
this Court can not correct errors of fact or law
which the lower court may have committed.

-WRONG PETITION Suffice it to say that the question whether or not

the petitioner corporation, is an industrial
organization is a question of fact which this Court
cannot now pass upon, not only because only
questions of law may be raised on appeal, but
because from the records of the court below
brought to this Court it does not appear that such a
question has ever been raised in the lower court.

The petitioners filed a wrong mode of appeal, it

should have filed appeal by certioriari not special
CIR v Aznar This a petition filed by the CIR to review by When a case is taken up to this Court by petition
certiorari the resolution of CTA enjoining him for review, the court can go over the evidence on
from enforcing the collection of the alleged record and pass upon the questions of fact; but that
income tax liability through summary in cases of review upon petition for a writ of
administrative methods. certiorari, this Court could only pass upon issues
involving questions of law. However, when the
-INVALID PETITION, BUT ADMISSIBLE interest of justice so demands, the court may
interchangeably consider petitions for review as
petitions for a writ of certiorari and vice-versa.
Moreover, no matter how inappropriate may be the
wording of the petition filed in this instance, it

to appeal the matter to this Court, as otherwise he

would not have filed said notice of appeal which is
required in petitions for review and not in petitions
Brgy Dasmarinas v Petitioner filed a complaint before the Office of for certiorari.
Creative Play the Prosec charging Respondents for for Extension of five days, it was merely following
Corner School Falsification. City Prosecutor dismissed the the rules after it found the reason for the second
case finding no probable cause. Petitioner filed extension as not compelling. Besides, even if the
a Petition for review before the CA and then
filed a petition for review on certiorari before would have been dismissed for being an improper
the SC. remedy.The remedy of a party desiring to elevate
to the appellate court an adverse resolution of the
-IMPROPER REMEDY Secretary of Justice is a petition for certiorari
under Rule 65. A Rule 43 petition for review is a
MANDAMUS wrong mode of appeal.

Page 26
CASE DIGEST ERENETA #TIFFANOTES
Blanco v Board of The Petitioners took the examinations It is the discretionary duty of the Secretary of the
Medical Examiners prescribed by law and passed. But the Interior to confirm or not to confirm or, as in this
Secretary of Interior annulled the certification instance, to annul, the report of the medical
on a finding by the Undersecretary that the examiners.
questions had been leaked out. Petitioner filed
a mandamus since Act 3111 provides that "the It is elementary law that the writ of mandamus will
results of all examinations shall be submitted not issue to control or review the exercise of
for confirmation the Secretary of Interior" discretion of a public officer. Where the law
alleging that such confirmation is ministerial. imposes upon a public officer the right and duty to
exercise judgment, in reference to any matter to
-DISCRETIONARY which he is called upon to act, it is his judgment
that is to be exercised and not that of the court.
Policarpio v Phil Petitioner was receiving pension from the The decision is untenable. It being an established
Veterans Board Respondent Board which was stopped because fact that the resumption of the pension had not yet
she received similar pension form the US been approved by the Veterans Board the
Veterans Admin. The Secretary of PVB issued memorandum of the Secretary and the preparation
the resumption of the pension through a of the warrants were obviously unauthorized.
treasury warrants. The delivery of the warrants
was stopped for the reason that the Board had It was improper to compel delivery of the warrants
not yet granted the restoration of the pension. because the Board might, in the exercise of its
Petitioner filed a petition for mandamus to discretion, refuse to restore petitioner's pension;
compel release. and even if its refusal should be wrongful or
erroneous, the Court could not properly intervene
-DISCRETIONARY until the petitioner should have exhausted her
administrative remedies.
Quarto v Marcelo A case was filed before the Ombudsman In the exercise of his investigatory and
against several high ranking DPWH officials prosecutorial powers, the Ombudsman is generally
and employees who purportedly benefited no different from an ordinary prosecutor in
from certain anomalous transactions. determining who must be charged. He also enjoys
the same latitude of discretion in determining
The Ombudsman granted the respondent's what constitutes sufficient evidence to support a
request for immunity in exchange for finding of probable cause and the degree of
testimonies and cooperation. participation of those involved or the lack thereof.
His findings and conclusions on these matters are
-DISCRETIONARY not ordinarily subject to review by the courts
except when he gravely abuses his discretion.

Questioning the grant of immunity is discretion of

PROHIBITION the Ombudsman
Chua Hiong v A warrant of arrest was issued against This case actually subjected the issue on
Deportation Board Petitioner who is alleged to have secured the citizenship based on Declaratory Relief, which is
cancellation of his alien certificate through generally not allowed. It should be granted only in
fraud. Petitioner filed a writ of habeas corpus cases when the courts themselves believe that
against the Deportation Board on the ground there is substantial evidence supporting the claim
that his arrest was made without jursdiction of citizenship, so substantial that there are
being a Filipino citizen, and that the board be reasonable grounds for the belief that the claim is
prohibited from continuing the deportation correct.
proceedings.
However, if he is a citizen and evidence thereof is
-PROHIBITION DOES NOT LIE satisfactory, there is no sense nor justice in
allowing the deportation proceedings to continue,
granting him the remedy only after the Board has
finished its investigation of his undesirability. The
legal basis of the prohibition is the absence of the
jurisdictional fact, alienage.

Page 27
CASE DIGEST ERENETA
Diaz v Secretary of The issue is whether the Congress intended to
Finance include VAT on toll fees within the meaning of
"sale of services". The petitioners filed a
petition for declaratory relief, when it should
have filed a prohibition.
-COURT CAN TREAT IT AS PROHIBITION
INJUNCTION
CIR v Reyes and CA The CTA restrained the CIR from collecting
through summary administrative methods the
taxes. CIR is contending the authority of CTA
from granting an injunction stating NIRC: No
court shall have authority to grant an
injunction to restrain the collection of any
internal revenue tax, fee, or charge imposed by
this Code.
-VALID INJUNCTION
PCGG v The Sandiganbayan issued a preliminary
Sandiganbayan injunction against PCGG from issuing a
Sequestration order against TDFI without
affording them any notice or opportunity to
adduce evidence, nor any public hearing.
-INVALID INJUNCTION
Atty Ereneta: Sequestration orders are simply to
DECLARATORY RELIEF
Page 28
#TIFFANOTES
The Court has also held that a petition for
prohibition is a proper remedy to prohibit or
nullify acts of executive officials that amount to
usurpation of legislative authority.
Here, the imposition of VAT has far-reaching
implications. Its imposition would impact, not only
on the more than half a million motorists who use
the tollways everyday, but more so on the
government's effort to raise revenue.
Although the petition does not strictly comply with
the requirements of Rule 65, the Court has ample
power to waive such technical requirements when
the legal questions to be resolved are of great
The respondent Court issued the injunction in
question on the basis of its finding that the means
intended to be used by petitioner in the collection
of the alleged deficiency taxes were in violation of
law. It certainly would be an absurdity on the part
of the CTA to declare that the collection by the
summary methods of distraint and levy was
violative of law, and then, on the same breath
require the petitioner to deposit or file a bond as a
prerequisite for the issuance of a writ of injunction.
2 requisites must exist to warrant the issuance of
an injunctive relief, namely:
(1) the existence of a clear and unmistakable right
that must be protected; and
(2) an urgent and paramount necessity for the writ
to prevent serious damage.
Pending the determination of whether or not the
subject properties are "ill-gotten," there is an
obvious and imperative need for preliminary,
provisional measures to prevent concealment,
disappearance, destruction, dissipation, or loss of
the assets and properties subject of the suits, or to
restrain or foil acts that may render moot and
academic, or effectively hamper, delay or negate
efforts to recover the same. The implementation of
these orders should not be restrained unless there
is a clear ground to do so.
CASE DIGEST ERENETA #TIFFANOTES
Azajar v Ardalles Petitioner filed a petititon for declaratory relief Petitioner is not interested under a deed, will,
and Bureau of on her citizenship because he was denied to contract or other written instrument; nor are her
Lands purchase a parcel of land belonging to the rights affected by a statute or ordinance and so her
public domain on the ground that she was a grievance against Respondent who objected to her
Chinese Citizen. sales application for a parcel of land of the public
domain has not brought her under and within the
-INVALID PETITION scope of Rule 66.

Citizenship cannot be determined in a complaint

for declaratory judgment or relief. It is not the
proper remedy or proceedings. If she is a Filipino
citizen as she claims, she should go ahead with the
administrative proceedings in the Bureau of Lands
and submit the evidence to prove her citizenship.
Chang Yung Fa v Petitioners were admitted to the Philippines on The power of the Commissioner of Immigration
Gianzon pre-arranged employment with a status of under section 20 of CA 613 is broad enough to
immigrant. The Immigration Act was amended include the authority to impose such limitation, for
making pre-arranged employees non- if the CI has the power to deny completely the
immigrant requiring them not more than 2 admission of an alien on the ground of public
years of stay. interest, with more reason can he impose a
condition which is less onerous such as limiting
Petitioner was seeking declaratory judgment the duration of his stay in the country.
on the ground that he is considerd an
immigrant under ordinary definition. On the declartory judgment: In construing section
3 (2) of the Immigration Act, we are not concerned
-VALID with the ordinary definition of the word
"immigrant", as one who comes for permanent
residence. The act makes its own definition,

Atty Ereneta: Entry in the Philippines is basically

prerogative of the State
CIR are very powerful, they can revoke your visa,
HABEAS CORPUS
Board of The board recommended the deportation of No proceeding established by law, or the rules, for
Immigration Comm respondent because he was an alien who the judicial declaration of the citizenship of an
v Domingo entered the country through false and individual and that citizenship is not proper
misleading statements. subject for declaratory judgment.

Respondent filed a petition for mandamus to Being in custody of the immigration authorities,
compel the Immigration to declare him a the proper remedy to test the legality of his
filipino citizen. detention is habeas corpus

-WRONG REMEDY
QUESTIONS OPEN TO REVIEW
Ortua v Singson Petitioner filed with the Bureu of Lands for the A decision rendered by the Director of Lands and
Encarnacion purchase of land, which was denied because approved by the Secretary of Agriculture and
Petitioner filed for a landing certificate of Commerce, upon a question of fact is conclusive
residence which was issued only to Chinese and not subject to be reviewed by the courts, in the
persons. absence of a showing that such decision was
rendered in consequence of fraud, imposition, or
Petitioner filed a petition for mandamus mistake, other than error of judgment in
compelling them to give due course to his estimating the value or effect of evidence,
appplication. regardless of whether or not it is consistent with
the preponderance of the evidence, so long as
-WRONG REMEDY there is some evidence upon which the finding in
question could be made.
Page 29
CASE DIGEST ERENETA #TIFFANOTES
Gonzales v Victory CIR hekd Petitioner guilty of unfair labor When the decision was rendered by an almost
Labors Union practice on the basis of 3 VICLU members and evenly divided court and that the division was
preisdent's testimonies. It was decided on anprecisely on the facts as borne out by the evidence.
almost evenly divided court. In such a situation the Court must go over the
record and, in order to determine the
-NO SUBSTANTIAL EVIDENCE substantiality of the evidence, consider it not only
in its quantitative but also in its qualitative
aspects. For to be substantial, evidence must first
at all be credible.
Lambino v Baens Petitioner is claiming compensation for the To conclude that because the deceased worked in
del Rosario death of her husband against WCC because of the open air his employment was healthful and had
working conditions making his illness worst invigorating effect on his health, without taking
into account the particular job he was doing is
-WRONG CONCLUSION unjustified.

Atty Ereneta: The real issue is "what's the cause of

death,which should be connected to his work."

The court relied on logical conclusion since ratio

H.E. Heacock v Petitioner compny promise to give bonus to all of WCC is that
It appears a heartless decision.
the issues of The Manila Times and
NLU its emplyees. However, the company despite The Manila Chronicle of August 22, 1948 featured
available profits distributed bonus to its high a "Heacock Supplement" showing that the
salaried employees. Heacock employees are given all the benefits that
can reasonably be expected from the management,
-THERE'S EVIDENCE TO SUPPORT
THe company statest that the salaries, bonuses
paid vacation leaves, paid sick leave, medical and
dental services, and other privileges and facilities,
are the highest in the City of Manila for
comparable position and, as a consequence, we
cannot consider any general increase in wages at
the present time without doing violence to the
stability of the labor situation here, of which you
ERB v CA Shell was approved to relocate its service by The record discloses that the ERB Decision was
Bureau of Energy Utilization. Caltex questions based on hard economic data rather than empirical
the decision of ERB. evidence to support its conclusions.

-THERE'S SUBSTANTIAL EVIDENCE In reviewing administrative decisions, the findings

of fact made must be respected as long as they are
supported by substantial evidence, even if not
overwhelming or preponderant; that it is not for
the reviewing court to substitute its own judgment
for that of the administrative agency on the
sufficiency of evidence; that the administrative
decision in matters within the executive
jurisdiction can only be set aside on proof of grave
abuse of discretion, fraud or error of law.

Page 30
CASE DIGEST ERENETA
Office of Court OCA recommended the filing of
Administrator v administrative complaint against Respondent.
Lopez Respondent alleged that there was a pending
criminal case against him and prosecution
failed to prove his guilt, therefore the
administrative case should be dismissed.
-NO DISMISSAL
PUBLIC OFFICER
Azarcon v Azarcon was a private individual who owned
Sandiganbayan and operated an earth-moving business. A
Warrant of Garnishment was issued to
accused Azarcon ordering him to transfer
and/or remit to BIR the property in his
possession owned by Ancla. Azarcon then
volunteered himself to act as custodian of the employee who has been charged with a crime
truck owned by Ancla.. Azarcon was charged within its jurisdiction.
before the Sandiganbayan with the crime of
malversation of public funds or property.
Cabalitan v DAR -NO JURISDICTION
Petitioner was temporarily suspended and is
now claiming back salaries. However, the issue
lies on the fact that his appointment never
became official.
-NO RIGHT TO BACK SALARIES
CSC v Javier Javier spent her entire career with the GSIS
with a permanent status. About a year after her nature of the functions of the office there exists
early retirement she was appointed as the
from, but this time in a confidential status
meaning at the pleasure of the board.
CSC invalidated such appointment and is now The position is in close proximity and intimacy
alleging this is an illegal extension of her
service, circumventing the compulsory
retirement.
-VALID APPOINTMENT
Page 31
#TIFFANOTES
The present case is an administrative case, not a
criminal case, against respondent. The quantum of
proof required is only substantial evidence, or that
amount of relevant evidence which a reasonable
mind might accept as adequate to support a
conclusion. Evidence to support a conviction in a
criminal case is not necessary, and the dismissal of
the criminal case is not a ground for the dismissal
of the administrative case.
lack of jurisdiction. The only instances when the
Sandiganbayan will have jurisdiction over a
private individual is when the complaint charges
the private individual either as a co-principal,
accomplice or accessory of a public officer or
The appointment was not approved by the CSC.
The law requires that the appointment be
submitted to the CSC, which will ascertain,
whether the proposed appointee is qualified to
hold the position, and whether the rules pertinent
to the process of appointment were observed.
The petitioner had been issued a retroactive
appointment, but said appointment never became
effective. The result is that petitioner could not be
entitled to back salaries.
Thus, it is the appointing authority who shall be
liable for the salaries of the appointee whose
appointment became ineffective.
A position is primarily confidential when by the
"close intimacy" between the appointee and
appointing power.
The position of Corporate Secretary of GSIS, or
any GOCC, is a primarily confidential position.
with the appointing power. It also calls for the
highest degree of confidence.
You look into the nature of the particular position.
CASE DIGEST ERENETA
Dela Cruz v COA NHA Resident Auditor issued a Notice of
Disallowance disallowing in audit the payment
of representation allowances and per diems of
"Cabinet members who were the ex- officio
members of the NHA Board of Directors
and/or their respective alternates who actually are already paid for and covered by the
received the payments."
NHA Chairman appealled the disallowance on Finance attends a meeting of the Monetary Board
the ground that the SC issued a resolution that as an ex-officio member thereof, he is actually and
the multiple posititon rule does not cover
appointive officials whose rank is Asst
Secretary or lower.
Gaminde v COA -NO term
The ADDITIONAL
of office ofCOMPENSATION
Gaminde, as
Commissioner, CSC, to which she was
appointed on June 11, 1993, expired on
February 02, 1999, as stated in the
appointment paper. But she claims it expired disallowing in audit such salary and other
on February 02, 2000.
-DE FACTO OFFICER
Javellana v DILG Javellana was a lawyer and a council. He was refund.
charged for violating the prohibition on the
practice of profession while sitting as a
councilor without approval from the
Department of Local Government. DLG issued
a memorandum requiring members of
sanggunian to ask for permission before
practicing his profession which was consistent
with the provision in the LGC.
-VALID PROHIBITION
Martinez v Judge
Zoleta
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#TIFFANOTES
The ex-officio position being actually and in legal
contemplation part of the principal office, it
follows that the official concerned has no right to
receive additional compensation for his services in
the said position. The reason is that these services
compensation attached to his principal office. It
should be obvious that if, say, the Secretary of
in legal contemplation performing the primary
function of his principal office in defining policy in
monetary banking matters, which come under the
jurisdiction of his department.
She served as de facto officer in good faith until
February 02, 2000, and thus entitled to receive her
salary and other emoluments for actual service
rendered. Consequently, the CoA erred in
emoluments, including that of her co-terminous
staff.
Atty Ereneta: She was not required to refund
because no person has the right to claim the
Neither the statute nor the circular trenches upon
the SC's power and authority to prescribe rules on
the practice of law. The LGC and DLG Memo. 90-
81 simply prescribe rules of conduct for public
officials to avoid conflicts of interest between the
discharge of their public duties and the private
practice of their profession, in those instances
where the law allows it. Section 90 of the LGC does
not discriminate against lawyers and doctors. It
applies to all provincial and municipal officials in
the professions or engaged in any occupation.
Section 90 explicitly provides that sanggunian
members "may practice their professions, engage
in any occupation, or teach in schools expect
during session hours." If there are some
prohibitions that apply particularly to lawyers, it is
because of all the professions, the practice of law is
more likely than others to relate to, or affect, the
While respondent judge seasonably paid the FINE
of P500.00 he nevertheless continued to defy the
Orders of this Court by not filing his Comment on
the complaint. Such continuous defiance renders
him liable for gross misconduct and
insubordination and must be dealt with
accordingly.
CASE DIGEST ERENETA
National Amnesty v The NAC passed an administrative order
COA which allows ex officio members to designate
their representatives to the commission and be
entitled to per diems, allowances, bonuses, and
other benefits as may be authorized by law.
Petitioner invoked the said administrative
order before the COA, but failed. NAC argues
that they are de facto officers therefore entitled
toallowances under the CLU.
#TIFFANOTES
The representatives cannot be considered de facto
officers because they were not appointed but were
merely designated to act as such. Furthermore,
they are not entitled to something their own
principals are prohibited from receiving.

Nones v Ormita -VALID ORDER

Respondent is a clerk of court.
*Clerks of court perform only administrative,
not judicial, functions. Issuing orders of
release on bail is beyond their powers and
administratively sanctionable as misconduct.
Respondent improperly clothed herself with
judicial authority. The issuance of a release order
is a judicial function, not an administrative one.
Unlike a judicial authority, she had no power to
order the commitment or the release on bail of
persons charged with penal offenses.
By releasing the accused on account of the cash
bond he had posted, respondent arrogated unto
herself the authority to exercise judicial discretion.

NTC v Hamoy Hamoy was assigned by the NTC as VP of MUST

An FOLLOW is
appointment STRICT STANDARDS
considered station-specific
Vismin. Then he was assigned as an OIC of when the particular office or station where the
PSRG. Hamoy got mad. He claims that he can't position is located is specifically indicated on the
be assigned as an OIC as it was without his face of the letter of appointment.
consent and violated his security of tenure.
Having been appointed to a station-specific
-VALID REASSIGNMENT position, whatever reassignment may be extended
to respondent cannot exceed one year.
PAGCOR v Angara Respondents were slot machine roving token Petitioner cannot justify respondent's dismissal on
attendants of PAGCOR. PAGCOR then loss of trust and confidence since the latter are not
dimissed them from service for loss of trust confidential employees. Being regular employees
and confidence. that enjoy security of tenure, respondents can only
be dismissed for just cause and with due process,
-NO POWER notice and hearing.
Sales v Mathay Petitioner filed a mandamus against If we take into account the fact that they did not
Respondent to pay him his backwages during work during the period for which they are now
his suspension. claiming salaries, there can be no legal or
equitable basis to order the payment of their
-NO RIGHT TO BACKWAGES salaries. The general proposition is that a public
official is not entitled to any compensation if he
has not rendered any service.
Buklod ng Former President Aquino issued an EO giving GR: the power to abolish a public office is lodged
Kawaning EIIB v the EIIB certain powers. Afterwards the with the legislature. This proceeds from the legal
Zamora President abolished such powers. precept that the power to create includes the power
to destroy.
-NO VALID POWER
ER: As far as bureaus, agencies or offices in the
executive department are concerned, the
Presidents power of control may justify him to
inactivate the functions of a particular office, or
certain laws may grant him the broad authority to
carry out reorganization measures.

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CASE DIGEST ERENETA #TIFFANOTES
Lacson v Roque The then mayor of Manila, Arsenio Lacson, The President has no inherent power to remove or
broadcasted some allegedly defamatory and suspend municipal officers. Removal and
libelous utterances against a certain judge suspension of public officers are always controlled
(Judge Montesa). Montesa then filed a libel by the particular law applicable and its proper
case against Lacson.The special prosecutor construction subject to constitutional limitations.
recommended the suspension of Lacson to the And strict construction of law relating to
President. The President then issued a suspension and removal, is the universal rule.
suspension order against Lacson. When dealing with elective posts, the necessity for
restricted construction is greater.
Funa v Villar -NO
FunaPOWER TOthe
challenges SUSPEND
constitutionality of the The appointment of members of any of the three
appointment of Reynaldo A. Villar as constitutional commissions, after the expiration of
Chairman of the COA. the uneven terms of office of the first set of
commissioners, shall always be for a fixed term of
Following the retirement of Carague on 7 years; an appointment for a lesser period is void
February 2, 2008 and during the fourth year of and unconstitutional. The appointing authority
Villar as COA Commissioner, Villar was cannot validly shorten the full term of 7 years in
designated as Acting Chairman of COA from case of the expiration of the term as this will result
February 4, 2008 to April 14, 2008. in the distortion of the rotational system
prescribed by the Constitution.
-UNCONSTITUTIONAL
Appointments to vacancies resulting from certain
causes shall only be for the unexpired portion of
the term of the predecessor, but such
DTI RPI v Singun Singun gave his letter of resignation effective Acceptance is necessary for resignation of a public
January 14, 2000. Before receiving the officer to be operative and effective. Without
acceptance of his resignation, he was detailed acceptance, resignation is nothing and the officer
by DTI undersecretary to another department remains in office. Resignation to be effective must
effective January 17, 2000. be accepted by competent authority, either in
terms or by something tantamount to an
-NO VALID RESIGNATION acceptance, such as the appointment of the
successor. A public officer cannot abandon his
office before his resignation is accepted.

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