Nachura Notes – Administrative Law

I. GENERAL PRINCIPLES Administrative Law - Branch of public law which:

Fixes the organization Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights. Kinds

1. 2. 3. 4.

Statutes Rules, regulations or orders Determinations, decisions and orders Body of doctrines and
decisions.

Administration 1. as a Function – the execution, in non-judicial matters, of the law or will of the State as
expressed by competent authority 2. as an Organization – group or aggregate of persons in whose hand
the reins of government are for the time being.

Kinds

1. Internal – legal side of public administration

2. External – deals with problems of government regulation Administrative Bodies or Agencies - Organ of
government which affects the rights of private parties either through adjudication or rule-making. –

Creation 1. constitutional provision

2. legislative enactment

3. authority of law - Criterion primarily regulatory on its rule-making authority it is administrative when
it does not have discretion to determine what the law shall be but merely prescribes details for the
enforcement of the law. –

Types 1. offering some gratuity, grant or special privilege

2. carry on certain of the actual business of the government

3. performing some business service for the public

4. regulate business affected with public interest

5. regulate private business and individuals, pursuant to police power

6. adjust individual controversies because of strong social policy involved

7. make the government a private party

II. POWER OF ADMINSITRATIVE BODIES

Powers of Administrative Bodies

1. Quasi-legislative or rule-making power

2. Quasi-judicial or adjudicatory

3. Determinative Quasi-Legislative Power

Exercise of delegated legislative power Involves no discretion as to what the law shall be Fix the details
in the execution or enforcement of a policy Rules and regulations issued by administrative authorities
pursuant to powers delegated to them have the force and effect of law o They are binding on all persons
subject to them o Courts will take judicial notice Letters of Instructions and Eos are presidential
issuances; one may repeal or alter, modify or amend the other, depending on which comes later. The
function of promulgating rules and regulations may be legitimately exercised only for the purpose of
carrying out the provisions of the law into effect. Administrative regulations cannot extend the law or
amend a legislative enactment. Administrative regulations must be in harmony with the provisions of
law. It must not override, but must remain consistent with the law they seek to apply and implement.
Administrative agency has no discretion whether or not to implement a law. Its duty is to enforce the
law. Administrative order is an ordinance issued by the President which relates to specific aspects in the
administrative operation of Government. Kinds of Administrative Rules or Regulations

1. Supplementary or Detailed Legislation Fix the details in the execution and enforcement of a policy set
out in the law.

2. Interpretative Legislation Construe or interpret the provisions of a statute to be enforced Binding on

all concerned until they are changed Effect of law and are entitled to respect Have in their favor
presumption of legality Erroneous application of the law by public officers does not bar subsequent
correct application of the law

3. Contingent Legislation Made on the existence of certain facts or things upon which the enforcement
of law depends.

Requisites for Validity 1. Issued under authority of law

2
Nachura Notes – Administrative Law

2. Within the scope and purview of the law

3. Reasonable

4. Publication in the OG or in a newspaper of general circulation Interpretative rules and

regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be
followed by their subordinates in the performance of their duties may simply be POSTED in
CONSPICUOUS PLACES in the AGENCY. DOLE Department Order and POEA Memorandum Circulars –
proper publication + filing in the Office of the National Administrative Register (Article 5 of LC)
Administrative Rules with Penal Sanctions (additional requisites) 1. law itself must declare as punishable
the violation of the administrative rule or regulation 2. law should define or fix the penalty for the
violation of the administrative rule or regulation Necessity for Notice and Hearing NO constitutional
requirement for a hearing: 1. promulgation of a general regulation 2. rule is procedural 3. merely legal
opinions 4. substantive rules where the class to be affected is large and the questions to be resolved
involve the use of discretion committed to the rule-making body Hearing Requirement: 1. subordinate
legislation, designed to implement a law by providing details 2. substantially adds to or increase the
burden of those concerned 3. exercise of quasi-legislative authority Function of Prescribing Rates by an
Administrative Agency may either be: Legislative Function: prior notice and hearing is not a requirement
Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country,
they may partake of a legislative character Adjudicative Function: prior notice and hearing are essential
to the validity Where the rules and rates are meant to apply exclusively to a particular party, then its
function is quasi-judicial in character • Where hearing is indispensable, it does not preclude the Board
from ordering, exparte, a provisional increase subject to its final disposition of whether or not to make it
permanent, to reduce or increase it further or to deny the application. (Maceda vs. Energy Regulatory
Board)

Determinative Powers

3
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

1. Directing Power of assessment of BIR and Customs 2. Enabling Permit or to allow something which
the law undertakes to regulate 3. Dispensing To exempt from a general prohibition OR Relieve individual
or corporation from an affirmative duty 4. Examining Investigatory power 1. production of books,
papers, etc. 2. attendance of witnesses 3. compelling their testimony Power to compel attendance of
witnesses not inherent in administrative body But an administrative officer authorized to take testimony
or evidence is deemed authorized to administer oath, summon witnesses, require production of
documents, etc. Power to punish contempt must be expressly granted to the administrative body; when
granted, may be exercised only when administrative body is actually performing quasi-judicial functions
5. Summary Power to apply compulsion or force against persons or property to effectuate a legal
purpose without a judicial warrant to authorize such action Quasi-Judicial or Adjudicatory Powers -
Proceedings partake of the character of judicial proceedings - Administrative due process 1. right to
hearing 2. tribunal must consider evidence presented 3. decision must have something to support itself
4. evidence must be substantial 5. decision must be based on the evidence adduced at the hearing or at
least contained in the record and disclosed to the parties 6. the Board or Judges must act on its or
independence consideration of the facts and the law of the case, and not simply accept the views of a
subordinate in arriving at a decision 7. decision must be rendered in such a manner that the parties to
the controversy can know the various issues involved and the reasons for the decision rendered - In
forfeiture proceeding, where the owner of the allegedly prohibited article is known, mere posting of the
notice of hearing in the Bulletin Board does not constitute compliance. - Due process demands that the
person be duly informed of the charges against him. He cannot be convicted of an offense with which he
was not charged.

4
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

Party be afforded reasonable opportunity to be heard and to submit any evidence he may have in
support of the defense. In administrative proceedings, it means the opportunity yto explain one’s side or
opportunity to seek a reconsideration of the action or ruling complained of; a formal or trial-type
hearing is not, at all times, necessary. Requirement of notice and hearing in termination cases does not
connote full adversarial proceedings, as actual adversarial proceedings become necessary only for
clarification or when there is a need to propound searching questions to witnesses who give vague
testimonies. Procedural right which employee must ask for since it is not an inherent right. Summary
proceedings may be conducted Administrative due process dies not necessarily require the assistance of
counsel. In a request for extradition, the prospective extradite does not face a clear and present danger
of loss of property or employment, but of liberty itself. He is entitled to the minimum requirements of
notice and opportunity to be heard. The standard of due process that must be met in administrative
tribunals allows a certain latitude as long as the element of fairness is not ignored; even in the absence
of previous notice, there is no denial of due process as long as the parties are given the opportunity to
be heard. Administrative due process: 1. opportunity to be heard 2. opportunity to seek reconsideration
3. opportunity to explain one’s side Substantial evidence: such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion which is the quantum of proof necessary to prove a
change in an administrative case “To be heard” does not mean only verbal agreements in court, one
may also be heard through pleadings.
Administrative Determinations where Notice and Hearing are NOT necessary for due process 1. grant of
provisional authority for increased rates or to engage in a particular line of business 2. summary
proceedings of distraint and levy upon the property of a delinquent taxpayer 3. cancellation of passport,
no abuse of discretion 4. summary abatement of a nuisance per se which affects the immediate safety of
persons/property 5. preventive suspension of a public officer/employee pending investigation of
administrative charges Right Against Self-Incrimination

5
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

Administrative charge of unexplained wealth which may result in forfeiture of the property Medical
practitioner where proceeding could possibly result in the loss of his privilege to practice medicine Right
may be invoked at the time he is called as a witness If he voluntarily takes the witness stand, he can be
cross-examined, but he may still invoke the right at the time the question which calls for an answer
which incriminates him of an offense other than that which is charged is asked. Power to Punish
Contempt is Inherently Judicial 1. conferred by law and 2. administrative body is engaged in
performance of its quasijudicial powers Administrative Decisions not Part of the Legal System no vested
right could not place government in estoppel Administrative Appeal and Review 1. higher or superior
administrative body 2. President/ Department Secretaries by virtue of the power of Control 3. appellate
administrative agency Doctrine of res judicata Decisions and orders of administrative agencies have
upon their finality, the force and effect of a final judgment within the purview of the doctrine of res
judicata. Conclusive upon the rights of the affected parties as though the same had been rendered by a
court of general jurisdiction. Forbids the reopening of a matter once determined by competent authority
acting within their exclusive jurisdiction. Applies to adversary administrative proceeding Does NOT apply
in administrative adjudication relative to citizenship Exception: Zita Ngo Burca vs. Republic 1. question of
citizenship is resolved by a court or an administrative body as a material issue in the controversy after a
full-blown hearing 2. active participation of the SolGen 3. finding made by the administrative body on
the citizenship issue is affirmed by the SC LLDA: regulatory and quasi-judicial power in respect to
pollution cases and matters affecting the construction of illegal fishpens, fish cages and other
aquastructures in Laguna de Bay; may issue cease and desist orders DECS Regional Director: return to
work order; administrative charges; constitute an investigating panel

6
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices Department of
Energy: electric power Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners
association III. EXHAUSTION OF ADMINISTRATIVE REMEDIES

Doctrine - Whenever there is an available administrative remedy provided by law, no judicial recourse
can be made until all such remedies have been availed of and exhausted. Reasons 1. if relief is first
sought from a superior administrative agency, resort to courts may be unnecessary 2. administrative
agency should be given a chance to correct its error 3. principles of comity and convenience 4. judicial
review of administrative decisions is usually made through special civil actins, which will not normally
prosper if there is another plain, speedy and adequate remedy in the ordinary course of law Only
decision of administrative agencies made in the exercise of QUASIJUDICIAL and ADJUDICATORY POWERS
are subject to the rule on exhaustion. Constitutionality/validity of a rule or regulation in the
performance of quasi-legislative function regular courts have jurisdiction Corollary Principle 1. Doctrine
of Prior Resort/ Doctrine of Primary Administrative Jurisdiction No Where there is competence or
jurisdiction vested upon an administrative body to act upon a matter, no resort to the courts may be
made before such administrative body shall have acted upon the matter. Conversion of subdivision lots
HLURB Enforcement of forestry laws DENR Issuing license to radio stations NTC Disputes arising from
construction contracts Construction Industry Arbitrary Commission Agricultural lands under the
coverage of CARP DAR Effluents of a particular industrial establishment Pollution Adjudication Board 2.
Doctrine of Finality of Administrative Action No resort to the courts will be allowed unless the
administrative action has been completed and there is nothing left to be done in the administrative
structure.

7
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

A party aggrieved must not only initiate the prescribed administrative proceeding, but must pursue it to
its appropriate conclusion before seeking judicial intervention. Effect of Failure to Exhaust
Administrative Remedies - Jurisdiction of court is NOT affected - Complainant is deprived of a CAUSE OF
ACTION which is a ground for MTD - If no MTD is filed, deemed a waiver Exceptions 1. Doctrine of
Qualified Political Agency (alter ego doctrine) 2. Administrative remedy is fruitless 3. Estoppel on the
part of the Administrative Agency 4. Issue involved is purely a legal question 5. Administrative action is
patently illegal 6. Unreasonable delay or official inaction 7. Irreparable injury or threat, unless judicial
recourse is immediately made 8. Land cases, where subject matter is private land 9. Law does not make
exhaustion a condition precedent to judicial recourse 10. Observance of the doctrine will result in the
nullification of the claim 11. Special reasons or circumstances demanding immediate court action 12.
Due process of law is clearly violated 13. Rules does not provide a plain, speedy and adequate remedy
IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Rule Judicial review may be granted or withheld as
Congress chooses Except: when Constitution requires or allows it Judicial review of administrative
decisions cannot be denied the courts when there is an allegation of grave abuse of discretion. Bases for
Judicial Review Unless otherwise provided by this Constitution or by law Any decision, order or ruling of
each Commission may be brought to the SC on certiorari w/in 30 days from receipt of a copy General
Principles underlying power in the Courts to scrutinize the acts of administrative agencies on questions
of law and jurisdiction although no right of review is given by statute. Keep administrative agencies
within its jurisdiction. Protect substantial rights of parties affected by the decisions. Part of system of
checks and balances which restricts the separation of power and forestalls arbitrary and unjust
adjudication.

8
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

Methods of Obtaining Judicial Review 1. Statutory or Non-Statutory Statutory – available pursuant to

statutory provision Non-statutory – no express statute granting review, relief is obtained by means of: 1.
common law remedies 2. prerogative writs of certiorari 3. mandamus 4. HC 5. prohibition 6. quo
warranto if statutory methods for judicial review are available, they are ordinarily exclusive and the use
of non-statutory methods will not likely be permitted. 2. Direct or Collateral Direct – attempt to question
in subsequent proceedings the administrative action for lack of jurisdiction, grave abuse of discretion,
etc. (attack on citizenship of an individual) Collateral – relief from administrative action sought in a
proceeding the primary purpose of which is some relief other than the setting aside of the judgment,
although an attack on the judgment may be incidentally involved. What Court has Jurisdiction CA have
appellate jurisdiction over judgments or final orders of the CTA and from awards, judgments, final
orders or resolutions of or authorized by any quasijudicial agency in the exercise of its quasi-judicial
functions. Administrative bodies, co-equal with RTC on terms of rank and stature and beyond the
control of the latter. Doctrine of Non-Interference by TCs with co-equal administrative bodies is
intended to ensure judicial stability. Reviewed by RTC Bureau of Immigration, Court martial, LLDA
Questions which may be subject of judicial review 1. Question of Law 2. Question of Fact Factual findings
of administrative agencies are generally conclusive upon the courts if supported by substantial evidence,
EXCEPT 1. expressly allowed by statute 2. fraud, imposition or mistake other than error of judgment 3.
error in appreciation of the pleadings and in the interpretation of the documentary evidence presented
by the parties 3. Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts)

9
PinoyLaw.Net Notesbank

Nachura Notes – Administrative Law (Kiddy)

What purports to be a finding upon a question of fact is so involved with and dependent upon a
question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide
the legal question, examine the entire record including the evidence. Guidelines for the exercise of the
power Findings of fact are respected as long as they are supported by substantial evidence, even if not
overwhelming or preponderant. Findings of administrative officials and agencies who have acquired
expertise are generally accorded not only respect but at all times even finality. Principle that factual
findings of administrative bodies are binding upon the Court may be sustained only when no issue of
credibility is raised. It is not for the reviewing court to weigh the conflicting evidence, determine
credibility of witnesses or otherwise substitute its judgment for that of the administrative agency on the
sufficiency of evidence. Administrative decision in matters with the executive jurisdiction can only be set
aside on proof of 1. grave abuse of discretion 2. fraud 3. collusion 4. error of law Courts will not
generally interfere with purely administrative matters unless there is clear showing of arbitrary,
capricious or grave abuse of discretion amounting to lack of jurisdiction. Judicial Review is not trial de
novo It is merely an ascertainment of whether the findings of the administrative agency are consistent
with law, free from fraud or imposition and supported by evidence.

10