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AdminLaw DeLeon
AdminLaw DeLeon
AdminLaw DeLeon
I.
II.
III.
IV.
VI.
VII.
VIII.
IX.
Introduction
Control of Administrative Action
Powers and Functions of Administrative
Agencies
Administrative Procedure
Judicial Review of Administrative
Decision
Modes of Judicial Review
Extent of Judicial Review
Enforcement of Agency Action
PART I.
INTRODUCTION
Procedure
is the
CREATED BY THE
CONSTITUTION
1. perform
more
sensitive functions
2. underscoring the
independence of
the agency thus,
insulate it from
political pressure
If the agency is created by Congress consider the law that created it. If the law is
silent as to the control which the President
may exercise, the President can only
SUPERVISE, i.e., to see to it that the laws
are faithfully executed.
Congress
can
prescribe
minimum
procedural requirements which have a
general applicability to all agencies. But
even with this, there are sill problems,
namely;
1) Agencies are not bound by the technical
rules of procedure
2) agencies need flexibility to act
PART II.
CONTROL OF
ADMINISTRATIVE ACTION
CONTROL
the power to change, modify, alter decisions
of subordinates
SUPERVISION
power to oversee
A. Legislative Control
C. Judicial Control
Judicial review of administrative actions
D. Ombudsman
Investigates and prosecutes
A. Legislative Functions
1. Non-Delegation Doctrine
theoretically puts a check on the legislature
from abdicating its duty by delegating its
power to make law. This is a corollary to the
doctrine of Separation of Powers.
the later attitude of the SC is more liberal
and is in favor of sustaining the validity of
the delegation.
Courts have realized the necessity of
delegation of powers - broad or vague
standards are sufficient
1. Policies - limits, boundaries, complete in
itself, leaves nothing to the discretion; may
be in another statute (Chiongbian v. Orbos)
2. Standards - express or implied (Edu v.
Ericta); written administrative standards
(White v. Roughton)
What are the matters that Congress cannot
delegate?
Creation of municipalities (Pelaez v. AuditorGeneral)
Imposition of criminal penalties (US v.
Barrias)
Designation of a particular act as a crime
(People v. Maceren)
Creation of standards on the part of the
agency
Requisites for a valid delegation (Pelaez v.
Auditor General)
a) the law must be complete in itself; must set
forth a policy to be executed
b) must fix a standard, the limits of which are
sufficiently determinate or determinable, to
which the delegate must conform in the
performance of his functions.
Legislative
No notice and
hearing required
unless the law
requires
Quasi-judicial
Notice
and
hearing
required
To be able to
present
evidence and
prove
the
possible
adverse
effects on its
financial
viability
2. Permissible Delegation
The Legislature must establish the standard;
AAs only to make subordinate rules
1. interpretative regulations
2. internal regulations ( regulating only
personnel of agency
3. letters of instructions issued by
administrative superior to their
subordinates
Penal Regulations
must be published in full text (Sec. 6 (2),
Book 7, Admin Code)
If a rule is penal in character, it is required
that the rule is published before it takes
effect. (People v. Que Po Lay)
the law itself must so declare the act as
punishable
penal statutes exclusive domain of the
legislature, cannot be delegated
In People v. Maceren, it was held that
"Administrative rules and regulations cannot
amend or modify or expand the law by
including, prohibiting or punishing certain
acts which the law does not even define as
a criminal act."
Interpretative rules
interprets the law enacted by the legislative
Extent of
applicabi
-lity
Notice &
hearing
Legislative
Quasi-judicial
Rate applies to
all
Rate directed
only at 1 entity
May be
dispensed with
unless the law
provides
otherwise
Absolutely
necessary
Licensing Function
Licensing includes agency process involving
grant,
renewal,
denial,
revocation,
suspension,
annulment,
withdrawal,
limitation, amendment, modification or
conditioning of a license. (GR-DR-SAM-C)
License includes the whole or any part of
any agency permit, certificate, passport,
clearance, approval, registration, charter,
membership, statutory exemption or other
form of permission, or regulation of the
exercise of a right or privilege. (PCPCARCM-SPR)
When the grant, renewal, denial or
cancellation of a license is required to be
preceded by notice and hearing, it cannot be
withdrawn, suspended, revoked or annulled
without notice and hearing (Sec 17(1), Bk,
VII)
no license may be withdrawn, suspended,
revoked or annulled without notice and
hearing (Sec 17(2), Bk VII)
EXCEPTIONS:
1. in cases of willful violation of
pertinent laws, rules and regulations
2. when public security, health or
safety require otherwise
Where the licensee has made timely and
sufficient application for the renewal of a
license, the existing license shall not expire
until the application shall have been finally
determined by the agency. (Sec. 18, Bk, VII)
A license is always revocable. (Gonzalo Sy
Trading)
B. Judicial Functions
1. Power to issue subpoena and declare
contempt
Subpoena
Do all agencies with quasi-judicial functions
have the power to issue subpoena?
Yes. As long as in exercise of quasijudicial even if charter is silent. Power is
vested in the AA in the Admin Code (see
Sec 13 Bk VII)
Test for valid enforcement of subpoena:
1. w/in authority of the agency ( expressly
authorized by law )
A. Rules of Procedure
B. Due Process
1. Cardinal Primary Rights
As held in Ang Tibay v. CIR, the seven cardinal
primary rights are:
1. Right to a hearing
2. Right to have the evidence considered
3. Decision must be supported by evidence
4. Substantial evidence
5. Transparency of records
6. Independent consideration of the judge
7. Decision must reveal relevant issues
1. facts
2. issues
3. law
(Ang Tibay vs CIR)
C. Jurisdiction
Refer to the enabling statute creating the
agency, especially
its
powers
and
jurisdiction
Jurisdiction is created and conferred by law
E. Rules of Evidence
AAs not bound by technical rules of
evidence but due process must be observed
RATIO: to allow AA to act with speed and
flexibility
What is the pervasive principle?
Technical rules of evidence and procedure
do not strictly apply to administrative
proceeding, but this does not mean they can
disregard certain due process requirements.
A. Factors
Affecting
Finality
of
Administrative Decisions
1. Question of constitutionality
2. history of statute
3. nature of problem (question of law or fact)
(i)
(ii)
(iii)
(iv)
Types of Standing:
1.
2.
3.
4.
D. Standing to Challenge
provided by law
taxpayers' suit
class suit
suit as members of the Congress
PART VI.
MODES OF JUDICIAL REVIEW
Judicial Review
WON it is available is the threshold issue
If not available - end of litigation
If available - determine the specific
mode of review which must be invoked
A. Provisions of Law
Art. 9A, Sec 7, Constitution:
Decisions of the COA, COMELEC, and CSC
may be brought to the SC on CERTIORARI
within 30 days from receipt of copy of decision
The constitution uses the word may,
meaning review is not mandatory by only
discretionary.
BP 129
Authority of CA to review decisions of quasijudicial agencies is EXCLUSIVE (if such is
listed in law or if its charter so indicates)
If it is not listed, its decisions can be
reviewed by the RTC through the special
civil action for certiorari under Rule 65
Book VII, Section 25, Administrative Code of
1987
Agency decisions shall be subject to judicial
review in accordance with this chapter and
applicable laws. (par. 1)
WHO MAY SEEK JUDICIAL REVIEW:
Any party aggrieved or adversely affected by
an agency decision. (par.2)
WHEN TO APPEAL:
Within fifteen (15) days from receipt of a
copy (par. 4)
HOW:
File petition for review (par.4)
WHERE TO FILE:
In the court specified by statute or, in the
absence thereof, in any court of competent
jurisdiction in accordance with the provisions
on venue of the Rules of Court. (par. 6)
B. Certiorari
Two Kinds of Certiorari
1. Simple or Ordinary (Rule 45) - errors of
judgment; questions of law
2. Special Civil Action (Rule 65) - errors of
jurisdiction;
- SC has original jurisdiction, concurrent
with the RTC
Purpose: to nullify or set aside the
proceedings
Requisites:
1. a) Lack of jurisdiction or
b) grave abuse of discretion amounting to
lack or excess of jurisdiction
2. There is no other plain, speedy, adequate
remedy
3. Agency or tribunal is performing judicial or
quasi-judicial functions
C. Prohibition
Requisites:
1. Lack of jurisdiction or grave abuse of
discretion
2. No other plain, speedy, or adequate remedy
3. Agency or tribunal is performing quasijudicial and ministerial functions
4. The act to be enjoined is yet to be
performed
Purpose
To stop or prohibit proceedings from
going on
E. Declaratory Relief
Function:
1. interested under a deed, will, contract or
written instrument affected by any
statute
2. to
determine
any
question
of
construction or validity arising from and
for a declaration of his rights, duties
thereunder
F. Habeas Corpus
In what cases will habeas corpus pertinent
in administrative cases?
Deportation cases
B. Question of Law
Examples are issue of constitutionality,
validity of agency action, and correctness of
the interpretation of law
Other examples:
1. question of citizenship (Ortua v. Vicente
Singson)
2. WON there was a landlord- tenant
relationship (Mejia v. Mapa)
3. Questions
arising
from
proper
interpretation of the Articles of
Incorporation (Japanese War Notes
Claimants v. SEC)
4. Existence of an ER-EE relationship
(Ysmael v. CIR)
C. Question of Fact
GEN RULE: findings of fact of AA, if
supported by substantial evidence, is
conclusive on the courts
EXCEPTIONS:
D. Questions of Discretion
If there is GAD, subject to certiorari