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Admin Law Cabrito Notes
Admin Law Cabrito Notes
PASCASIO
CARLO ANGELO CABRITO
POWERS OF
DOCTRINES ADMINISTRATIVE
AGENCIES:
TIO v. VIDEOGRAM
GENERAL REGULATORY BOARD
CONSIDERATION: "The true distinction is between the
delegation of power to make the law,
which necessarily involves a discretion
MALAGA v. PENACHOS as to what it shall be, and conferring
authority or discretion as to its
GOVERNMENT INSTRUMENTALITY execution to be exercised under and in
DEFINED: Instrumentality refers to any pursuance of the law. The first cannot be
agency of the National Government, not done; to the latter, no valid objection can
integrated within the department be made."
framework, vested with special functions
or jurisdiction by law, endowed with some
if not all corporate powers, administering
U.S. v. ANG TANG HO
special funds, and enjoying operational
autonomy, usually through a charter. THE LAW MUST BE COMPLETE, IN
This term includes regulatory agencies, ALL ITS TERMS AND PROVISIONS,
chartered institutions, and government- when it leaves the legislative branch of
owned or controlled corporations. the government, and nothing must be left
to the judgement of delegate of the
legislature, so that, in form and
DE LA LLANA v. ALBA substance, it is a law in all its details in
presenti, but which may be left to take
Valid abolition of offices is neither effect in futuro, if necessary, upon the
removal nor separation of the ascertainment of any prescribed fact or
incumbents. ... And, of course, if the event.
abolition is void, the incumbent is
deemed never to have ceased to hold
office. The abolition of an office does not
YNOT v. IAC
amount to an illegal removal of its
incumbent is the principle that, in order to The phrase "may see fit" is an
be valid, the abolition must be made in extremely generous and dangerous
good faith." condition, if condition it is. It is laden with
perilous opportunities for partiality and
abuse, and even corruption. One
searches in vain for the usual standard
and the reasonable guidelines, or better
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
still, the limitations that the said officers respect to pollution cases in the Laguna
must observe when they make their Lake region, the authority of the LLDA
distribution. There is none. to issue a "cease and desist order" is,
perforce, implied. Otherwise, it may
well be reduced to a "toothless" paper
agency.
MARCOS v. MANGLAPUS
It has been advanced that whatever
power inherent in the government that is RIZAL EMPIRE INSURANCE CO.
neither legislative nor judicial has to be v. NLRC
executive.
It is an elementary rule in administrative
law that administrative regulations and
policies enacted by administrative bodies
CARINO v. CHR to interpret the law which they are
entrusted to enforce, have the force of
FACT FINDING IS NOT law, and are entitled to great respect.
ADJUDICATION, AND CANNOT BE
LIKENED TO THE JUDICIAL
FUNCTION OF A COURT OF JUSTICE,
or even a quasi-judicial agency or QUASI- LEGISLATIVE
official. The function of receiving
evidence and ascertaining therefrom the
POWER:
facts of a controversy is not a judicial
function. To be considered such, the
faculty of receiving evidence and making
factual conclusions in a controversy must CRUZ v. YOUNGBERG
be accompanied by the authority The true distinction between the
of applying the law to those factual delegation of power to make the law,
conclusions to the end that the which involves a discretion as to what it
controversy may be decided or shall be, and conferring an authority or
determined authoritatively, finally and
discretion as to its execution, to be
definitively, subject to such appeals or
modes of review as may be provided by exercised under and in pursuance of law.
law. This function, to repeat, the First cannot be done; to the latter no valid
Commission does not have. objection can be made.
ARANETA v. GATMAITAN
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
which has no jurisdiction but by the process rights, granting him the right to
regular courts. be furnished a copy of the complaint, the
affidavits, and other supporting
GLOBE WIRELESS v. PUBLIC documents, and the right to submit
SERVICE COMMISSION counter-affidavits and other supporting
documents within ten days from receipt
The jurisdiction and powers of thereof. Moreover, the respondent shall
administrative agencies, like respondent have the right to examine all other
Commission, are limited to those evidence submitted by the complainant.
expressly granted or necessarily implied
from those granted in the legislation
creating such body; and any order ANG TIBAY v. CIR
without or beyond such jurisdiction is
(1) The first of these rights is the right to
void.
a hearing, which includes the right of the
PHIL. ASSOC. OF LAWYERS v. party interested or affected to present his
AGRAVA own case and submit evidence in support
thereof.
Members of the Philippine Bar
authorized by this Tribunal to practice (2) Not only must the party be given an
law, and in good standing, may practice opportunity to present his case and to
their profession before the Patent Office, adduce evidence tending to establish
for the reason that much of the business the rights which he asserts but the
in said office involves the interpretation tribunal must consider the evidence
presented.
and determination of the scope and
application of the Patent Law and other
(3) "While the duty to deliberate does not
laws applicable, as well as the impose the obligation to decide right, it
presentation of evidence to establish does imply a necessity which cannot be
facts involved; disregarded, namely, that of having
something to support it is a nullity, a
GUEVARRA v. COMELEC place when directly attached."
COMELEC, as an incident of its power to
try, hear, and decide any controversy, (4) Not only must there be some
may also punish for contempt. However, evidence to support a finding or
to come under this jurisdiction, the conclusion, but the evidence must be
question should be controversial in "substantial." It means such relevant
nature and must refer to the enforcement evidence as a reasonable mind accept as
and administration of all laws relative to adequate to support a conclusion."
the conduct of election
(5) The decision must be rendered on
SEC. OF JUSTICE v. LANTION the evidence presented at the hearing,
or at least contained in the record and
In a preliminary investigation which is an
disclosed to the parties affected.
administrative investigatory proceeding,
Section 3, Rule 112 of the Rules of Court
Only by confining the administrative
guarantees the respondent's basic due
tribunal to the evidence disclosed to the
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
parties, can the latter be protected in their Thus, the requirement that "[t]he decision
right to know and meet the case against must be rendered on the evidence
them. It should not, however, detract presented at the hearing, or at least
from their duty actively to see that the law contained in the record AND disclosed to
is enforced, and for that purpose, to use the parties affected," was not complied
the authorized legal methods of securing with
evidence and informing itself of facts
material and relevant to the controversy.
Boards of inquiry may be appointed for
the purpose of investigating and JUDICIAL REVIEW
determining the facts in any given case,
but their report and decision are only
advisory.
ABEJO v. DELA CRUZ
(6) The Court of Industrial Relations or
any of its judges, therefore, must act on DOCTRINE OF PRIMARY
its or his own independent JURISDICTION: The Court held that
consideration of the law and facts of under the "sense-making and
the controversy, and not simply accept expeditious doctrine of primary
the views of a subordinate in arriving at a jurisdiction ... the courts cannot or will n6t
decision. It may be that the volume of determine a controversy involving a
work is such that it is literally Relations question which is within the jurisdiction of
personally to decide all controversies an administrative tribunal, where the
coming before them. question demands the exercise of sound
administrative discretion requiring the
(7) The Court of Industrial Relations special knowledge, experience, and
should, in all controversial questions, services of the administrative tribunal to
render its decision in such a manner determine technical and intricate matters
that the parties to the proceeding can of fact, and a uniformity of ruling is
know the various issues involved, and essential to comply with the purposes of
the reasons for the decision rendered. the regulatory statue administered.
BERNARDO v. ABALOS
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
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The Legislature did not specify or define The RTC sustained the confiscation which
what was "any cause," or what was "an was affirmed the CA prompting petitioner to
extraordinary rise in the price of rice, palay or appeal to SC.
corn," Neither did it specify or define the ISSUE:
conditions upon which the proclamation
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
Is the standard may see fit sufficient to be a Marcos signified his wish to return to the
valid delegation of legislative power? (No) Philippines to die. Considering the dire
consequences to the nation of his return at a
RULING: time when the government was still
threatened and unstable and the economy
No. It is an invalid delegation of legislative
was just beginning to rise and move forward,
power because they are granted unlimited Aquino decided to bar the return of Marcos
discretion in the distribution of properties and his family.’
arbitrarily taken.
ISSUE:
The phrase "may see fit" is an extremely
generous and dangerous condition, if Is the President empowered to prohibit the
condition it is. It is laden with perilous return of Marcos in the country despite the
opportunities for partiality and abuse, and absence of an express power to do so under
the Constitution? (Yes)
even corruption. One searches in vain for the
usual standard and the reasonable RULING:
guidelines, or better still, the limitations that
It has been advanced that whatever power
the said officers must observe when they
inherent in the government that is neither
make their distribution. There is none. Their
legislative nor judicial has to be executive.
options are apparently boundless. Who shall
be the fortunate beneficiaries of their The power involved is the President's
generosity and by what criteria shall they be residual power to protect the general welfare
chosen? Only the officers named can supply of the people. It is founded on the duty of the
the answer, they and they alone may choose President, as steward of the people. To
the grantee as they see fit, and in their own paraphrase Theodore Roosevelt, it is not
only the power of the President but also
exclusive discretion. Definitely, there is here
his duty to do anything not forbidden by
a "roving commission," a wide and
the Constitution or the laws that the
sweeping authority that is not "canalized needs of the nation demand.
within banks that keep it from overflowing," in
short, a clearly profligate and therefore
invalid delegation of legislative powers.
CARINO v. CHR
CHR IS NOT EMPOWERED TO
MARCOS v. MANGLAPUS ADJUDICATE, IT IS ONLY EMPOWERED
TO INVESTIGATE
EXERCISE OF PRESIDENT’S RESIDUAL
FACTS:
POWER IS NOT AN UNDUE DELEGATION
OF LEGISLATIVE POWER Several teachers including private
respondents in this case undertook a mass
FACTS: concerted actions on a Monday (class day)
In February 1986, former President as a response to the alleged failure of the
authorities to act upon their grievances.
Ferdinand Marcos was deposed from the
presidency via the non-violent "people The private respondents were
power" revolution and was forced into exile. administratively charged. This prompted
Corazon C. Aquino was then declared respondents to file a complaint with the CHR.
President of the Republic under a Petitioner, Secretary of Education,
revolutionary government. intervened and moved that the complaint be
dismissed.
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CARLO ANGELO CABRITO
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
DELEGATION OF AUTHORITY TO
EXECUTE LAW IS VALID, NOT UNDUE
RIZAL EMPIRE INSURANCE CO. v. DELEGATION
NLRC
FACTS:
ADMINISTRATIVE RULES ARE ENTITLED
TO GREAT RESPECT BY COURTS Petitioner sought that Act No. 3155
prohibiting the importation of cattle from
FACTS: foreign countries into the Philippines be
declared as unconstitutional.
Private Respondent Coria was initially hired
as a casual employee and eventually Among others, it contends that the power
promoted to Inspector of the Fire Division by given by Act No 3155 to the Governor-
Rizal Empire. General to suspend or not, at his discretion,
the prohibition provided in the act constitutes
Sometime thereafter, he was dismissed from
unlawful delegation of the legislative powers.
work on the grounds of tardiness and
unexcused absences. Coria filed a complaint ISSUE:
with the Labor Dept. The Labor Arbiter order
his reinstatement. Petitioner appealed to Is the power to suspend the application of the
NLRC which dismissed the appeal on the law at his discretion a valid delegation of
ground that the same had been filed out of legislative power? (Yes)
time. RULING:
The focal point of the case is the provision The delegation is an authority as to the
under NLRC Rules which provides that no execution of the law. No objection can be
motion or request for extension to perfect an made.
appeal shall be entertained.
The true distinction between the delegation
ISSUE: of power to make the law, which involves a
May the court allow the appeal contrary to discretion as to what it shall be, and
the rules promulgated by an administrative conferring an authority or discretion as to its
body? (No) execution, to be exercised under and in
pursuance of law. The first cannot be done;
RULING: the latter no valid objection can be made.
It is an elementary rule in administrative law
that administrative regulations and policies
enacted by administrative bodies to interpret ARANETA v. GATMAITAN
the law which they are entrusted to enforce,
have the force of law, and are entitled to A REGULATION IS VALID IF THE LAW IS
great respect. COMPLETE. THE FISHERIES LAW IS
COMPLETE SO AS TO EMPOWER THE
SEC TO PROHIBIT TRAWLING.
FACTS:
QUASI- LEGISLATIVE President issued an EO prohibiting the use
of trawls in San Miguel Bay, CamSur. A
POWER: group of Otter Trawl Operators filed a
declaratory relief with the CFI. The CFI
declared the assailed orders as invalid.
CRUZ v. YOUNGBERG It is contended that EO expanded the
Fisheries Law. They contend that trawl
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
fishing is not expressly prohibited by the law, promulgation of rules and regulations to
thus the EO cannot prohibit what the law carry into effect the legislative intent.
does not prohibit.
They also contend that the law unduly
delegated the legislative power. PEOPLE v. MACERAN
ISSUE: THE LAW MUST EXPRESSLY PENALIZE
ELECTROFISHING, OTHERWISE, ANY
Did the EO expand the law where the law
REGULATION DOING SO IS INVALID
does not expressly prohibit trawling? (No)
FACTS:
Is there a valid delegation of legislative
power? (Yes) The respondents were charged with violating
RULING: Fisheries Administrative Order No. 84-1
which penalizes electro fishing in fresh water
Even without the Executive Order, the fisheries.
restriction and banning of trawl fishing from
all Philippine waters come, under the law, This was promulgated by the Secretary of
within the powers of the Secretary of Agriculture and Natural Resources and the
Agriculture, who in compliance with his Commissioner of Fisheries under the old
duties may even cause the criminal Fisheries Law and the law creating the
prosecution of those who violate his Fisheries Commission.
instructions.
The municipal court quashed the complaint
Under the Fisheries Law, the Sec. of and held that the law does not clearly prohibit
Agriculture is authorized to promulgate rules electro fishing, hence the executive and
restricting the use of any fish net or fishing
judicial departments cannot consider the
device for the protection of fry or fish eggs.
same. On appeal, the CFI affirmed the
The law likewise authorizes the Secretary to
create refuges and sanctuaries for fishes. dismissal. Hence, this appeal to the SC.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
The grant of the rule-making power to registration and for the rest of the year or for
administrative agencies is a relaxation of the ninety days whichever is longer.
principle of separation of powers and is an
exception to the non-delegation of ISSUE:
legislative, powers.
Did the MC unduly expand the law when it
Administrative regulations or "subordinate imposed a penalti of impounding?
legislation calculated to promote the public
interest are necessary because of "the RULING:
growing complexity of modem life, the
multiplication of the subjects of governmental The regulations adopted under legislative
regulations, and the increased difficulty of authority by a particular department must be
administering the law." in harmony with the provisions of the law,
and for the sole purpose of carrying into
In case of discrepancy between the basic law effect its general provisions. By such
and a rule or regulation issued to implement regulations, of course, the law itself cannot
said law, the basic law prevails because said be extended. So long, however, as the
rule or regulation cannot go beyond the regulations relate solely to carrying into
terms and provisions of the basic law. effect the provisions of the law, they are valid
In the instant case the regulation penalizing
electro fishing is not strictly in accordance Administrative interpretation of the law is at
with the Fisheries Law, under which the best merely advisory, for it is the courts that
regulation was issued, because the law itself finally determine what the law means.' It
does not expressly punish electro fishing. cannot be otherwise as the Constitution
limits the authority of the President, in whom
all executive power resides, to take care that
the laws be faithfully executed. No lesser
BAUTISTA v. JUINIO, EDU, RAMOS administrative executive office or agency
then can, contrary to the express language
PENALTY IMPOSED IN A REGULATION
of the Constitution, assert for itself a more
MUST BE REFLECTED IN THE LAW
extensive prerogative."
ITSELF.
FACTS: While the imposition of a fine or the
suspension of registration under the
Letter of Instruction No. 869, issued in conditions therein set forth is valid under the
response to the protracted oil crisis, pursuant Land Transportation and Traffic Code, the
thereto, reespondent Juinio issued impounding of a vehicle finds no statutory
Memorandum Circular No. 39, which justification. To apply that portion of
imposed penalties of fine, impounding of Memorandum Circular No. 39 would be ultra
vehicle, and cancellation of registration on vires. It must likewise be made clear that a
owners of the above-specified vehicles such penalty even if warranted can only be
letter of instruction. imposed in accordance with the procedure
required by law.
The memorandum is being assailed as
unconstitutional for being violative of the
doctrine of undue delegation of legislative
power. It is to be noted that Memorandum
Circular No. 39 does not impose the penalty
of confiscation but merely that of PHIL. CONSUMERS FOUNDATION v.
impounding, fine, and for the third offense, DECS
that of cancellation of certificate of
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
NOTICE AND HEARING NOT When the rules and/or rates laid down by an
MANDATORY IN THE EXERCISE OF administrative agency are meant to apply to
QUASI LEGISLATIVE POWER all enterprises of a given kind throughout the
country, they may partake of a legislative
FACTS: character.
The Department of Education, Culture, and
Sports issued an order authorizing the 15 to Where the rules and the rates imposed apply
20% increase in school fees, in light of the exclusively to a particular party, based upon
recommendation submitted by the Task a finding of fact, then its function is quasi-
Force on Private Higher Education created judicial in character.
by the DECS. The petitioner sought
reconsideration arguing that the increase is
too high, so the DECS issued DO No. 37
lowering the ceiling of 10 to 15% increase.
Despite the reduction, the petitioner opposed
the increases. Petitioner urged the president CIR v. FORTUNE TOBACCO CORP
to suspend its implementation but he DISCREPANCY BETWEEN REGULATION
obtained no response. AND LAW WILL RENDER THE FORMER
VOID.
Petitioner filed an instant petition for
prohibition, seeking that judgment be FACTS:
rendered declaring the questioned
Department Order unconstitutional on the Immediately prior to January 1, 1997, the -
ground that the Department Order is issued mentioned cigarette brands were subject to
without legal basis. ad valorem tax pursuant to then Section 142
of the Tax Code of 1977, as amended.
However, on January 1, 1997, R.A. No. 8240
ISSUE:
took effect whereby a shift from the ad
Is there a need for a prior notice and hearing valorem tax (AVT) system to the specific tax
in the application of new rates for tuition fee system was made and subjecting the
hike for all private schools? (No) aforesaid cigarette brands to specific tax
under [S]ection 142 thereof, now
RULING:
renumbered as Sec. 145 of the Tax Code of
QUASI JUDICIAL VS QUASI 1997, pertinent provisions of which are
LEGISLATIVE, WHEN NOTICE AND quoted thus:
HEARING MANDATORY: The function of
prescribing rates by an administrative The rates of excise tax on cigars and
agency may be either a legislative or an cigarettes under paragraphs (1), (2) (3) and
adjudicative function. (4) hereof, shall be increased by twelve
percent (12%) on January 1, 2000.
If it were a legislative function, the grant of
prior notice and hearing to the affected To implement the provisions for a twelve
parties is not a requirement of due percent (12%) increase of excise tax on,
process. As regards rates prescribed by an among others, cigars and cigarettes packed
administrative agency in the exercise of its by machines by January 1, 2000, the
quasijudicial function, prior notice and Secretary of Finance, upon recommendation
hearing are essential to the validity of of the respondent Commissioner of Internal
such rates. Revenue, issued Revenue Regulations No.
17-99, dated December 16, 1999
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
For the period covering January 1-31, 2000, COMPLY WITH PRIOR NOTICE AND
petitioner allegedly paid specific taxes on all HEARING
brands manufactured and removed in the
FACTS:
total amounts of P585,705,250.00.
Petitioner Taxicab Operators of Metro
Manila, Inc. (TOMMI) is a domestic
On February 7, 2000, Fortune filed with corporation composed of taxicab operators,
respondent’s Appellate Division a claim for who are grantees of Certificates of Public
refund or tax credit of its purportedly overpaid Convenience.
excise tax for the month of January 2000 in
the amount of P35,651,410.00, granted and Respondent Board of Transportation (BOT)
ordered CIR to refund the same. issued Memorandum Circular No. 77-42
which provides for the phasing out old and
ISSUE: dilapidated taxis.
RULING:
Pursuant to BOT Memo-Circular No. 77-42,
The Supreme Court have previously taxi units with year models over six (6) years
declared, rule-making power must be old are now banned from operating as public
confined to details for regulating the mode or utilities in Metro Manila.
proceedings in order to carry into effect the
Petitioners take the position that fixing the
law as it has been enacted, and it cannot be
ceiling at six (6) years is arbitrary and
extended to amend or expand the statutory
oppressive because the roadworthiness of
requirements or to embrace matters not
taxicabs depends upon their kind of
covered by the statute. Administrative
maintenance, they also contend that they
regulations must always be in harmony
were not given the opportunity to be heard..
with the provisions of the law because any
resulting discrepancy between the two will ISSUE:
always be resolved in favor of the basic law.
Is there a need for prior notice in the
By adding the qualification that the tax due promulgation of an administrative
after the 12% increase becomes effective regulation? (No)
shall not be lower than the tax actually paid
RULING:
prior to 1 January 2000, Revenue Regulation
No. 17-99 effectively imposes a tax which is Previous notice and hearing as elements of
the higher amount between the ad valorem due process are constitutionally required for
tax being paid at the end of the three (3)-year the protection of life, right, or property when
transition period and the specific tax under its limitation of loss takes place in
paragraph C, sub-paragraph (1)-(4), as consequence of a judicial or quasi- judicial
increased by 12%—a situation not supported proceeding.
by the plain wording of Section 145 of the
Tax Code. Conversely, since the assailed order was
made pursuant to quasi-legislative powers,
no prior hearing is required.
TAXICAB OPERATORS OF METRO
MANILA v. BOT
US v. PANLILIO
AN ORDER IN THE EXERCISE OF QUASI
LEGISLATIVE POWER NEED NOT THE PENAL LAW MUST EXPRESSLY
STATE THAT VIOLATION OF ORDERS OF
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
DELEGATE WILL ALSO AMOUNT TO A OSG contends that the petition for prohibition
CRIME filed by petitioners is an improper remedy
because a writ of prohibition does not lie
FACTS:
against the exercise of a quasi-legislative
Accused was convicted of violation of Acr function.
1760 re quarantine of animals suffering
contagious disease. The accused contends Petitioners contends:
that the facts alleged in the information and
1. That while Sec. 3.2 (a.1) of the IRR fixes
proved on the trial do not constitute a
the selling rate of a lot at P700.00 per sq. m.,
violation of law.
R.A. No. 9207 does not provide for the price.
ISSUE:
2. That the adoption of the assailed IRR
Can accused be penalized for the order of suffers from a procedural flaw.
the Bureau of Agriculture? (No)
ISSUE:
RULING:
Is prohibition a proper remedy to assail a
Nowhere in the law is the violation of the body’s exercise of quasi-legislative power?
orders of the BOA prohibited or made
unlawful, not is there a penalty for its
violation. The law expressly provides for acts
RULING:
which shall be prohibited or unlawful, the
case does not fall within any of them. 3. A petition for prohibition is not the
proper remedy to assail an IRR issued
A violation of the orders of the BOA is not a
violation of the provision of the Act. The in the exercise of a quasi-legislative
orders of the BOA while they may possible function. Prohibition lies against judicial
be said to have the force of law, are statutes or ministerial functions, but not against
and not penal statutes, and a violation of legislative or quasi-legislative functions.
such order is not a penal offense unless the
statute itself somewhere make a violation Where the principal relief sought is to
thereof unlawful and penalizes it. invalidate an IRR, petitioners remedy is
an ordinary action for its nullification, an
action which properly falls under the
HOLY SPIRIT ASSOCIATION v. jurisdiction of the Regional Trial Court.
DEFENSOR
4. Where a rule or regulation has a
FACTS: provision not expressly stated or
Pursuant to RA 9207 aka National contained in the statute being
Government Center Housing and Land implemented, that provision does not
Utilization Act of 2003, the NGC necessarily contradict the statute. In
Administration Committee formulated the subordinate legislation all that is
IRR of said law. In assailing the provisions of required is that the regulation should be
the law, petitioners filed a petition for germane to the objects and purposes of
prohibition with the SC. the law; that the regulation be not in
contradiction to but in conformity with the
standards prescribed by the law.1
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
RULING: RULING:
An administrative order is an ordinance The court reviewed the IRR and found that
Section 4.3 of Rule IV, and Sections 5.1 and
issued by the President which relates to
5.2 of Rule V are valid. The provisions merely
specific aspects in the administrative
reiterate and implement the related
operation of government. It must be in provisions of R.A. No. 9155. Under the law,
harmony with the law and should be for the a division superintendent has the authority
sole purpose of implementing the law and and responsibility to hire, place, and evaluate
carrying out the legislative policy. all division supervisors and district
supervisors as well as all employees in the
beneficiaries. Under this broad power, the Committee is conditions governing the sale and other key particulars
mandated to fill in the details such as the qualifications of necessary to implement the objective of the law.
beneficiaries, the selling price of the lots, the terms and
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
division, both teaching and non-teaching their opposition to the Joint Circular cited
personnel, including school heads. A school above on the ground that the same
head is a person responsible for the diminishes the benefits granted by the
administrative and instructional supervision Magna Carta to PHWs.
of the schools or cluster of schools. The
division superintendent, on the other hand, Petitioners contend that the DBM-DOH Joint
supervises the operation of all public and Circular is null and void for its failure to
private elementary, secondary, and comply with Section 3523 of RA No. 7305
integrated schools and learning centers. providing that its implementing rules
shall take effect thirty (30) days after
publication in a newspaper of general
circulation, as well as its failure to file a copy
CAWAD v. ABAD of the same with the University of the
PUBLICATION NOT NECESSARY FOR Philippines Law Center-Office of the National
INTERPRETATIVE REGULATIONS Administrative Register (UP Law Center-
WHERE NOTHING IS NO CHANGE IN THE ONAR), jurisprudence as well as the
LAW circumstances of this case dictate otherwise.
FACTS: ISSUE:
RA 7305 aka Magna Carta of Public Health Is publication necessary for interpretative
Workers was signed into law. Subsequently, regulation? (No)
Congress issued Joint Resolution No. 4 RULING:
authorizing the President of the Philippines
to Modify the Compensation and Position Publication is not necessary for interpretative
Classification System of Civilian Personnel regulations which Indeed, publication, as a
and the Base Pay Schedule of Military and basic postulate of procedural due process, is
Uniformed Personnel in the Government, required by law in order for administrative
and for other Purposes, rules and regulations to be effective.24 There
are, however, several exceptions, one of
Thereafter, respondents DBM and CSC which are interpretative regulations which
issued one of the two assailed issuances, "need nothing further than their bare
DBM-CSC Joint Circular No. 1, Series of issuance for they give no real consequence
20122. Shortly thereafter respondents DBM more than what the law itself has already
and DOH then circulated the other assailed prescribed."25 These regulations need not be
issuance, DBM-DOH Joint Circular No. 1, published for they add nothing to the law and
Series of 2012. do not affect substantial rights of any
person.3
In a letter9 addressed to respondents
Secretary of Budget and Management and
Secretary of Health, petitioners expressed
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CARLO ANGELO CABRITO
4 employment was because of the OFW's own undoing, it is only fair that
Nor do we see any reason to stamp Section 53 of the Omnibus Rules
he or she should shoulder the costs of his or her homecoming. Section
as invalid for allegedly contravening Section 15 of the law which states
15 of Republic Act No. 8042, however, certainly does not preclude a
that a placement agency shall not be responsible for a worker's
placement agency from establishing the circumstances surrounding an
repatriation should the termination of the employer-employee
OFW's dismissal from service in an appropriate proceeding. As such
relationship be due to the fault of the OFW. To our mind, the statute
determination would most likely take some time, it is only proper that
merely states the general principle that in case the severance of the
an OFW be brought back here in our country at the soonest
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RULING: RULING:
Members of the Philippine Bar authorized by COMELEC, as an incident of its power to try,
this Tribunal to practice law, and in good hear, and decide any controversy, may also
standing, may practice their profession punish for contempt.
before the Patent Office, for the reason that However, to come under this jurisdiction, the
much of the business in said office involves question should be controversial in nature
the interpretation and determination of the and must refer to the enforcement and
scope and application of the Patent Law and administration of all laws relative to the
other laws applicable, as well as the conduct of election.
presentation of evidence to establish facts
The requisitioning and preparation of the
involved; that part of the functions of the necessary ballot boxes to be used in the
Patent director are judicial or quasi-judicial, elections is an imperative ministerial duty.
so much so that appeals from his orders and Such is the incident which gave rise to the
decisions are, under the law, taken to the contempt case before us
Supreme Court.
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CARLO ANGELO CABRITO
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CARLO ANGELO CABRITO
An anonymous complaint was filed against at the hearing, or at least contained in the
petitioner et. al. They were charged with record AND disclosed to the parties
Grave Misconduct for alleged extortion done affected," was not complied with. Magcamit
to the mother of the anonymous was not properly apprised of the evidence
complainant. presented against him, which evidence were
eventually made the bases of the decision
Special Investigator Enriquez recommended finding him guilty of grave misconduct and
their dismissal. Accordingly, they were recommending his dismissal.
dismissed. Petitioner filed a MR with the IAS-
PDEA where he raised the fact that his name
never came up in the sworn statements
submitted to the hearing officer.
The same was denied, prompting him to
JUDICIAL REVIEW
appeal to CSC which also denied his appeal.
The CA likewise denied his appeal and
affirmed the dismissal from service. ABEJO v. DELA CRUZ
ISSUE: DISPUTES BETWEEN STOCKHOLDERS
Did the proceedings in the IAS-PDEA comply IS WITHIN THE EXCLUSIVE AND
with the cardinal principles of due process? ORIGINAL JURISDICTION OF SEC
RULING: FACTS:
This stemmed from a dispute between
Citing Ang Tibay v CIR: The first of the principal stock holders of Pocket Bell Ph.
enumerated rights pertains to the Abejos sold its minority shares to Telectronic
substantive rights of a party at the hearing Systems including some shares registered in
stage of the proceedings.10 the name of Bragas (majority stockholders)
which results in Telectronic becoming the
The second, third, fourth, fifth, and sixth majority stockholder at 56%.
aspects of the Ang Tibay requirements are
reinforcements of the right to a hearing and Asserting that the Bragas claim a preemptive
are the inviolable rights applicable at right over the 133,000 shares of Abejo, the
the deliberative stage, as the decision maker corporate secretary refused to register the
decides on the evidence presented during aforesaid transfer of shares. This trigerred
the hearing.11 These standards set forth the several actions.
guiding considerations in deliberating on the Abejos contend that the SEC has jurisdiction.
case and are the material and substantial Meanwhile, Bragas contends that it is the
components of decision making.12 civil court that has jurisdiction.
Finally, the last requirement, relating to the ISSUE:
form and substance of the decision of a
Which tribunal has jurisdiction over dispute
quasi-judicial body, further complements the
between stockholders? (SEC)
hearing and decision-making due process
rights and is similar in substance to the RULING:
constitutional requirement that a decision of
a court must state distinctly the facts and the The law provides that SEC shall have original
law upon which it is based. and exclusive jurisdiction to hear and decide
cases involving controversies arising out of
Thus, the requirement that "[t]he decision intracorporate or partnership relations,
must be rendered on the evidence presented
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proper administrative bodies because wages was granted by CSC despite the
technical matters or intricate questions of opposition of GSIS.
facts are involved, then relief must first be
obtained in an administrative proceeding GSIS appealed to the SC contending the
before a remedy will be supplied by the CSC has no power to execute its judgment
courts even though the matter is within the and final orders aside from the allegation that
proper jurisdiction of a court. the execution of CSC is contrary to the
resolution of the court.
This is the doctrine of primary jurisdiction.
It applies "where a claim is originally ISSUE:
cognizable in the courts, and comes into play
May the CSC execute its judgment and
whenever enforcement of the claim requires
the resolution of issues which, under a resolutions? (Yes)
regulatory scheme, have been placed within RULING:
the special competence of an administrative
body, in such case the judicial process is CSC is a constitutional commission. It also
suspended pending referral of such issues to exercises quasi-judicial powers, as such it
the administrative body for its view" has the authority to hear and decide
administrative disciplinary cases originally
The question of what coal areas should be instituted or on appeal. Corollary to such
exploited and developed and which entity power is the authority to promulgate rules
should be granted coal operating contracts
concerning practice before it.
over said areas involves a technical
determination by the BED as the The CSC rules provide that decision in
administrative agency in possession of the administrative disciplinary cases shall be
specialized expertise to act on the matter. immediately executory UNLESS a motion for
reconsideration is seasonably filed.
GSIS v. CSC Tthe authority to decide cases is inutile
unless accompanied by the authority to see
POWER TO EXECUTE IS INCLUDED IN that what has been decided is carried out.
THE GRANT F ADJUDICATORY POWER
FACTS: Hence, the grant to a tribunal or agency of
adjudicatory power, or the authority to hear
GSIS dismissed 6 employees for being and adjudge cases, should normally and
notoriously undesirable. 5 of them appealed logically be deemed to include the grant of
to the Merits System Board which found the authority to enforce or execute the
dismissal to be illegal due to lack of formal judgments it thus renders, unless the law
otherwise provides.
charges and opportunity to answer. CSC
also denied the appeal. In the SC, the appeal
was also dismissed but it modified the CSC
resolution ordering that the payment of back PAAT v. COURT OF APPEALS
salaries to the employees be eliminated
pending the outcome of the proceedings in A REPLEVIN PENDING AN
the GSIS. ADMINISTRATIVE PROCEEDING
VIOLATES THE EXHAUSTION OF
2 of the concerned employees passed away. REMEDIES
When the decision of the SC became final,
the heirs of the employees filed a motion for FACTS:
execution. The ME with respect to back
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(11) when there are circumstances indicating exceptions, among which is when only a
the urgency of judicial intervention. question of law is involved.
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CARLO ANGELO CABRITO
KBMPBM v DOMINGUEZ
ARROW TRANSPORTATION v. BOT
THERE IS NO NEED TO APPEAL TO THE
ADMINISTRATIVE REMEDIES NEED NOT PRESIDENT FOR DECISIONS MADE BY A
BE EXHAUSTED IF THERE IS AN QUALIFIED POLITICAL AGENT SUCH AS
ALLEGED VIOLATION OF DUE PROCESS THE SECRETARY
FACTS: FACTS:
Petitioner is a holder of a certificate of public Petitioner and Muntinlupa entered into a
convenience for a line from Cebu City to contract granting the former the
Mactan International Airport. Private management and operation of the New
respondent Sultan Rent-a-Car applied for the Muntinlupa public market. When a new
same certificate. Without the required mayor assumed office, he declared that the
publication, the public respondent (BOT) Municipality was taking over the
issued a provisional permit to operate such management and operation of the market.
service. The controversy began when an order was
served upon petitioners. The order was
Petitioner filed a motion for reconsideration.
made by the respondent Secretary of
Without waiting for its final resolution,
Agriculture. This prompted the petitioner to
petitioner filed an action with the SC on the
file a petition with the SC alleging that the
ground that only a legal question was
respondent acted without or in excess of
involved.
jurisdiction. Bunye claims that petitioner
ISSUE: failed to exhaust the administrative
remedies.
Is the petition ripe for judicial determination
absent a resolution on the MR? ISSUE:
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On appeal to the SC, petitioner contends that A petition for an adverse claim was filed by
the finding of the BOL must bind the court petitioner against private respondent due to
and the court cannot declare the title issued overlapping mining claims. The Director of
as null and void. Mines ruled in favor of private respondent.
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despite knowledge of the alleged fault in vessel and ordered its payment otherwise
petitioner’s bid. It also disregarded the law the vessel will be detained.
conferring preferential status to locally
This prompted plaintiff to file a petition for
manufactured supplies.
certiorari with the CFI on the ground that
AXIOMS GOVERNING JUDICIAL REVIEW there was neither an investigation nor
BY CERTIORARI: first, that before said hearing conducted by the defendant.
actions may be entertained in the courts of Defendant argued that plaintiff failed to
justice, it must be shown that all the exhaust all remedies (appeal to the
administrative remedies prescribed by law or Commissioner of Customs).
ordinance have been exhausted;
and second, that the administrative decision CFI ruled in favor of NDC.
may properly be annulled or set aside only
upon a clear showing that the administrative ISSUE:
official or tribunal has acted without or in
Is there a need to exhaust administrative
excess of jurisdiction, or with grave abuse of
remedies when no investigation or hearing
discretion.
was conducted by the administrative body
There are however exceptions to the prior an imposition of fine? (No)
principle known as exhaustion of RULING:
administrative remedies, these being: (1)
where the issue is purely a legal one, (2) Even in administrative proceeding due
where the controverted act is patently illegal process should be observed. By imposing a
or was done without jurisdiction or in excess fine without exercising due process
of jurisdiction; (3) where the respondent is a (investigation and hearing), respondent
department secretary whose acts as an alter acted improvidently.
ego of the President bear the latter's implied
or assumed approval, unless actually While as a rule, exhaustion of administrative
disapproved; or (4) where there are remedies must be done before court’s
circumstances indicating the urgency of jurisdiction may be invoked, the same is not
judicial intervention. necessary if there is an utter disregard of the
principle of due process.
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