ADMIN LAW – ATTY CRUZ NOTES 4.

Adjudications of admin bodies

5. Constitution: CSC, COMELEC, COA
Admin Law *President – with residual powers (Marcos v Manglapus ’87) à But: Laurel v
1. Delegation Garcia – President not totality of executive
2. Expediency power

Admin Bodies Art IX – removes from the President power to enforce law (COMELEC)
Main purpose: IMPLEMENT LAW - President cannot grant pardon without recommendation of
- Enhancement for enforcement of law COMELEC
- For EXPEDIENCY (by way of delegation) - Proof that president does not have totality of powers
- President is subordinated to COMELEC
*CHR – no quasi-judicial / legislative power *Deputized – only President’s consent
(Admin bodies – may exist even without these two) *Commissions – merely statutory before
Discussion: Parameters of powers of legislation / adjudication - now strengthened in Consti
*Consti Commissions à all with quasi-judicial / legislative powers
Source: Legislation
Purpose: Expediency Quasi-legislative – agency process for formulation of rules (Admin
- Provide better government for the people Code)
- Assist branches of government - COMELEC à Art IX(c) – Sec 2(1)
Sec. 2. The Commission on Elections shall exercise the following powers and
Delegation --- purpose ---> Expediency functions
(1) Enforce and administer all laws and regulations relative to the conduct of an
PERMISSIBLE DELEGATIONS election, plebiscite, initiative, referendum, and recall.
1. SEC.28, Art. VI – Tariff rates
The Congress may, by the law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff CSC à TIDCORP vs CSC – Section 3, Article IX-B – Source of rule
rates, import and export quotas, tonage and wharfage dues, and other duties or making authority, Admin Code also
imposts within the framework of the national development program of the Section 3. The Civil Service Commission, as the central personnel agency of
government. the Government, shall establish a career service and adopt measures to promote
morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in
2. SEC.23, Art. VI – Emergency powers the civil service. It shall strengthen the merit and rewards system, integrate all
In times of war or other national emergency, the Congress may, by the law, human resources development programs for all levels and ranks, and
authorize the President, for a limited period and subject to such restrictions as it institutionalize a management climate conducive to public accountability. It
may prescribe, to exercise powers necessary and proper to carry out a declared shall submit to the President and the Congress an annual report on its personnel
national policy. Unless sooner withdrawn by resolution of the congress, such programs.
powers shall cease upon the next adjournment thereof.
- COA à expressly given in Art IX(d), Sec 2(2)
3. SEC.32, Art. VI - Plebiscite (2) The Commission shall have exclusive authority, subject to the limitations in
The Congress shall, as early as possible, provide for a system of initiative and this Article, to define the scope of its audit and examination, establish the
referendum, and the exceptions therefrom, whereby the people can directly techniques and methods required therefor, and promulgate accounting and
propose and enact laws or approve or reject any acts or law or part thereof passed auditing rules and regulations, including those for the prevention and
by the congress or local legislative body after the legislation of a petition therefor, disallowance of irregular, unnecessary, excessive, extravagant, or
signed by at least 10 per centum of the total number of registered voters, of which unconscionable expenditures or uses of government funds and properties.
every legislative district must be represented by at least 3 % of the registered 1. Extent of audit
voters thereof. 2. Define techniques / control methods
3. Make rules to determine whether or not there is abuse of public funds (excess,
4. SEC.3, Art. X – Local Goverment unconscionable, etc)
The Congress shall enact a local government code, which shall provide for a more
responsive and accountable local government structure instituted through a à Express conferment of quasi-legislative rules
system of decentralization with effective mechanisms of recall, initiative, and Quasi-judicial – Art IX(a), Sec 6 & 7
referendum. - Sec 6 – Rules of Procedure – shall not diminish, increase,
modify substantive rights
SEC. 5, Art. X - Sec 7 – review authority of SC
Each local government unit shall have the power to create its own sources of (separate from Art VIII(c))
revenues and to levy taxes, fees, and charges, subject to such guideline and Section 6. Each Commission en banc may promulgate its own rules concerning
limitations as the Congress may provide, consistent with the basic policy of local pleadings and practice before it or before any of its offices. Such rules, however,
autonomy. Such taxes, fees, and, charges shall accrue exclusively to the local shall not diminish, increase, or modify substantive rights.
governments.
Section 7. Each Commission shall decide by a majority vote of all its Members,
6. Administrative bodies any case or matter brought before it within sixty days from the date of its
Admin bodies – may exist without quasi powers submission for decision or resolution. A case or matter is deemed submitted for
- but most effective if conferred with these powers decision or resolution upon the filing of the last pleading, brief, or memorandum
required by the rules of the Commission or by the Commission itself. Unless
Quasi-legislative – RULE-MAKING (not laws) otherwise provided by this Constitution or by law, any decision, order, or ruling
- also exercised in quasi-judicial of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty days from receipt of a copy thereof.
Quasi-judicial – Courts à decide
Admin à ADJUDICATE - Art VIII, Sec 5(5) – disapproval authority of SC
Section 5. The Supreme Court shall have the following powers:
Sources:
1. Constitution / Statutes (5) Promulgate rules concerning the protection and enforcement of constitutional
2. Judicial decisions rights, pleading, practice, and procedure in all courts, the admission to the practice
3. Rules issued by admin bodies of law, the integrated bar, and legal assistance to the under-privileged. Such rules
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shall provide a simplified and inexpensive procedure for the speedy disposition of The legal meaning of "investigate": "to follow up step by step by patient inquiry
cases, shall be uniform for all courts of the same grade, and shall not diminish, or observation. To trace or track; to search into; to examine and inquire into with
increase, or modify substantive rights. Rules of procedure of special courts and care and accuracy; to find out by careful inquisition; examination; the taking of
quasi-judicial bodies shall remain effective unless disapproved by the Supreme evidence; a legal inquiry;" "to inquire; to make an investigation," "investigation"
Court. being in turn describe as "an administrative function, the exercise of which
ordinarily does not require a hearing. an inquiry, judicial or otherwise, for the
DISAPPROVAL à Rule making authority of SC discovery and collection of facts concerning a certain matter or matters."
- SC has disapproved several rules of admin bodies
- SC is supreme. It will always have power "Adjudicate," commonly understood, means to adjudge, arbitrate, judge, decide,
determine, resolve, rule on, settle. The dictionary defines the term as "to settle
Manalang-Demigillo vs TIDCORP finally (the rights and duties of the parties to a court case) on the merits of issues
- Even if Consti admin, still admin body! Cannot counter legislative authority raised: to pass judgment on: settle judicially: act as judge." And "adjudge" means
- Even if independent, they remain administrative bodies "to decide or rule upon as a judge or with judicial or quasi-judicial powers: to
award or grant
Rule 45 – appellate judicially in a case of controversy”
Rule 65 – original action
- applies in Art IX, Sec 7 In the legal sense, "adjudicate" means: "To settle in the exercise of judicial
Section 7. Each Commission shall decide by a majority vote of all its Members, authority. To determine finally. Synonymous with adjudge in its strictest sense;"
any case or matter brought before it within sixty days from the date of its and "adjudge" means: "To pass on judicially, to decide, settle or decree, or to
submission for decision or resolution. A case or matter is deemed submitted for sentence or condemn. Implies a judicial
decision or resolution upon the filing of the last pleading, brief, or memorandum determination of a fact, and the entry of a judgment."
required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or ruling - Rules – not binding
of each Commission may be brought to the Supreme Court on certiorari by the - Art XIII, Sec 18(2) – Impression of quas-legis power
aggrieved party within thirty days from receipt of a copy thereof. Section 18. The Commission on Human Rights shall have the following powers
and functions:
- Constitutional Commissions are independent – cannot exercise appellate (2) Adopt its operational guidelines and rules of procedure, and cite for contempt
authority for violations thereof in accordance with the Rules of Court
- only grave abuse of discretion amounting to lack / excess of jurisdiction
à Admin bodies cannot cite for contempt unless in the exercise of quasijudicial
- “Unless otherwise provided by Consti / Law” power
1. CSC now CA à Modified
- Rule 43 Guevara vs COMELEC – imputation of anomaly in the purchase of ballot boxes
2. Review of COA / COMELEC - pertains to administrative function, so cannot cite for contempt
- Not Rule 65, now Rule 64
- Rule 65 – 60 days à NOW: quasi-judicial also includes INVESTIGATION (fact-finding) Bedol vs
*Sec 7 – 30 days COMELEC – Guevara principle EXPANDED
- So, Rule 64 now with deadline
- Rule 65 still followed à CHR with contempt power but no quasi-judicial powers?
- We can push to give it more teeth!
BSP – all functions of Admin Bodies, perfect example - Press conferences raise more awareness
1. Regulatory
2. Investigative ADMIN LAW – Dean Roscoe Pound
3. Quasi-legislative “Branch of modern law under which the executive department of the government,
4. Quasi-judicial acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct
5. Administrative of the individual for the purpose of promoting the well-being of the community, as
under laws regulating public interest, professions, trades and callings, rates and
*SEC – near BSP prices, laws for the protection of public health and safety, and the promotion of
SEC vs Universal Holdings public convenience.”
- Revocation of permit to sell securities -enabling admin bodies to work for public welfare
- Rule 43 – wrong
- Not quasi-judicial, it is regulatory *Sphere – Consti a matter of perspective

Importance of function: Determine appellate jurisdiction Ex: President:

*NEDA – Consti – Admin body
- No quasi-legis / judicial power
*CHR – Consti
- Art XIII, Sec 17
Section 17. (1) There is hereby created an independent office called the
Commission on Human Rights.
Simon vs CHR, Carino vs CHR, Bautista vs Salonga
- No power of adjudication, only investigatory
Carino vs CHR:
"Investigate," commonly understood, means to examine, explore, inquire or delve
or probe into, research on, study. The dictionary definition of "investigate" is "to
observe or study closely: inquire into systematically. "to search or inquire
into: . . . to subject to an official probe . . .: to conduct an official inquiry." 27 The
purpose of investigation, of course, is to discover, to find out, to learn, obtain
information. Nowhere included or intimated is the notion of settling, deciding or
resolving a controversy involved in the facts inquired into by application of the
law to the facts established by the inquiry.
1. Treaties – power not absolute, subject to limitation (Art II, Sec 7)
-subject to concurrence of Senate, judicial review
STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to selfdetermination.
2. Executive Agreements – need no concurrence
Sagisag vs Executive Secretary – President not at total liberty - Executive
agreement à only by way of execution of existing law
Not free to determine whether treaty or executive agreement
Law – impersonal
Admin body – sympathetic
- ensure compliance, not only enforce
- humane / HUMAN FAÇADE

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Status of admin bodies
– creation of law, abolished by law - subordinate to legislature - power of control *Basis of quasi-legislative power – Delegated power
of President – reverse, modify, alter judgments – also subordinate to executive - Permissible delegations: T-E-P-L-A (remember!)
dept - judiciary – uphold constitution – also subordinate to judiciary
August 13, 2019
Depending on EFFECTIVITY - it will be spared Legislation – DISCRETIONARY
- Admin bodies with certain level of independence (Make, amend, alter, or repeal – NOT just make)
à NOT compellable
RA 10149 (GOCC Governance Act of 2011)
GOCC – 51% owned Deustche Bank vs CIR
- Tax treaty – entitled to tax incentives
2 basic entities: - overpayment – tax refund
1. Attached agency - filing was beyond deadline
2. Government instrumentality with corporate personality (GICP) - Argument: can refund because tax treaty allows it
SC: Yes. Tax treaty – we are legally bound to promulgate legislation
1. Attached Agency - SC compelled legislation here
- policy and program coordination
- rep. w/ boards – BCDA *Delegation – transference of authority
- RA 7227 (Bases Conversion and Development Act of 1992) – exercise authority - Not absolute authority
over SBMA
- SBMA attached to BCDA, but BCDA nothing to do with SBMA Two discretions:
- attachment does not equate to control 1. What the law shall be
2. How the law shall be enforced
2. Government instrumentality with corporate personality (GICP)
- GFI and GICP – also GOCCs REQUISITES:
- separate charters, with autonomy, corporate powers, funds 1. Its promulgation must be authorized by the legislature
*PVA (Phil Veterans Authority) – government 2. It must be within the scope of the authority given by the legislature
*PVB (Phil Veterans Bank) – private 3. It must be promulgated in accordance with the prescribed procedure
- various functions of agencies 4. It must be reasonable
- Validity of Rules
Tests of a valid delegation:
Elements of State: 1. Completeness – so that there’s nothing else to do but to enforce
1. Government 2. Sufficient Standard
2. Territory Must comply with BOTH
3. State Pelaez vs Auditor General
4. Sovereignty “without the aforementioned standard, there would be no means to determine,
with reasonable certainty, whether the delegate has acted within or beyond the
Difference between Government and Administration: scope of his authority.”
GOVERNMENT: Agency or instrumentality through which the will of the
State is formulated, expressed and realized *Proclamation of national emergency –Yes. But emergency powers to President
- permanent DELEGATED.

ADMINISTRATION: Refers to the aggregate of individuals in whose Ynot vs IAC

hands the reins of government are for the time being - - Did not meet sufficient standard test
“Reins” – control (kutsero and carratela) - “May see fit”
- Admin – temporary Due Process
- RENOVATION - essential to making of admin rules
- Opportunity to renew / renovate government
Police power – passage of law
Law vs Administration - fundamental power of State exercised by LEGISLATURE
Admin – reminders - must comply with SUBSTANTIVE DUE PROCESS
- “Lawful subject” – interest of public in general is protected
Luzon Development Bank vs Association of Luzon Development Bank - “Lawful means” – reasonably related (means / methods) - reasonably necessary
Employees – Lawyer – voluntary arbitration for attainment of purpose of law and must not be unduly oppressive
- individuals can be admin agencies - “Oppressive” – can be valid
- 4th requisite: “Reasonable” = SUBSTANTIVE due process
RA 10149 – Not all GOCCs are admin bodies
Procedural due process:
Admin Rule – what would qualify it to quasi-legislative power? 1. Opportunity to be heard (not really hearing)
- CHR – “operational rules of procedure” 2. Prior notice
- This is ALL what Consti confers NOT required, EXCEPT: Law itself requires it

Investigation – Finding of Fact *Requirements in regulation – no need to have notice and hearing
Quasi-judicial – Find facts and assess in accordance with law
Only essential if:
Differentiate: 1. Law itself requires it
1. Quasi-legislative power – Rule making 2. Settlement of controversy (already quasi-judicial)
2. Regulatory power – Apply rules
*SEC – issue securities with notice, hearing – REGULATION *Notice and hearing – not really required generally
- It just applied rule it implemented
RATE-FIXING – legislative
*Quasi-legis – law to be enforced - IRRs - notice and hearing not needed
- enforcement of IRR = regulation - if final – quasi-judicial, so notice and hearing needed
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 - so long as there is opposition to rule à It is QUASI-JUDICIAL
- Franchise – legislative, if with opposition, quasi-judicial Determinative Powers
1. Enabling – adjudicate to entitle party 2.
General Rule: Provisional rates not required notice and hearing Directing – command closing of act
Exception: If law itself says so a. Dispensing – exempting
b. Summary – Inspections, employers (DOLE, NLRC)
Araneta vs Gatmaitan c. Examining
Involved an authorization granted by Congress in favor of the Secretary of
Agriculture and Natural Resources to promulgate rules and regulations Art III, Sec 16 – Speedy disposition of cases
concerning trawl fishing, which power was directly exercised by President Ramon Section 16. All persons shall have the right to a speedy disposition of their cases
Magsaysay – “If under the law, the Sec of Agriculture has authority to regulate/ before all judicial, quasi-judicial, or administrative bodies.
ban fishing by trawl, then the Pres of the Phils may exercise the same power &
authority” - President with power of control and supervision Example of quasi-judicial: NLRC
- employer / employee relationship, etc
*QUALIFIED POLITICAL AGENCY:
Acts of alter ego presumptively acts of President unless he revokes them Example of administrative:
Whatever Secretary can do, President can also do! - Power of control – with even - Preliminary investigation conducted by DOJ
more efficacy, also authorized to promulgate Eos - NOT quasi-judicial
- Nothing resolved finally
*Promulgate rules – expressly conferred à - Only finding of probable cause
COA – in the Consti - Santos vs Go

People vs Maceren Estrada vs Ombudsman

- “poisonous and obnoxious” substances illegal for fishing only - invoked cardinal principles in Ang Tibay vs CIR
- “electro fishing” also illegal – ultra vires – person acquitted - NO. GSIS vs CA – these cardinal principles ONLY in QUASI-
Navarro vs Ermita JUDICIAL proceedings
- creation of new province - Hence, Estrada not entitled to copies of co-respondents
- 2k sqm territory, 250k inhabitants
- Dinagat Islands did not comply with any of the requirements *Monetary board – Consti granted
SC: Islands in exception but not in province *NLRC and SSS à with authority for employer / employee relationship
- Went to IRR. Exceptions included in province *Ombudsman – Consti created
- Mere oversight on the part of Congress - files info to Sandiganbayan
- Relied on IRR for the purpose of VALIDATING - conducts preliminary investigation – NOT quasi-judicial, BUT Ombudsman
ALSO DISCIPLINES all public officers, except legislature, judiciary, and
Promulgation Publication impeachable officers
“Make known” Compliance with Art 2 of Civil Code
or EO 200 QUASI-JUDICIAL
Gutierrez vs HOR Tanada vs Tuvera – necessarily with power to investigate
Rules must be published in - BUT power to investigate does NOT include power to adjudicate (Carino vs
Present Congress CHR, Simon vs CHR)
Congress is a continuing body - Subpoena – not implied à Carmelo vs Ramos
Sec 21 - “duly published”
“Rules only need to be promulgated” à *Rules of Procedure – Angara vs Electoral Commission
Promulgation, as used in Section 3(8), - Doctrine of necessary implication
Article XI of the Constitution, suitably - “the incidental power to promulgate such rules necessary for the proper exercise
takes the meaning of "to make known" of its exclusive power to judge all contests relating to the election, returns and
as it should be generally understood. qualifications of members of the National Assembly, must be deemed by
published in website, made known! necessary implication to have been lodged also in the Electoral Commission.”
Power to adjudicate: COERCIVE à Subpoena
3rd requisite: Only PROMULGATION à Power to cite for contempt –
must be expressly conferred
Kinds of administrative regulation:
1. Interpretative – not binding, no actionable wrongs can arise CONTEMPT:
2. Legislative – general applicability 1. Never vindictive but preservative
a. Supplementary – make explicit what is general 2. Only in connection with the exercise of adjudicatory functions - not
b. Contingent administrative (Guevara vs COMELEC – purchase of ballots)
Bedol vs COMELEC – Maguindanao fraud election case – massive cheating
Abakada vs Purisima canvassing electoral returns – summoned Bedol, contempt! - SC: Contempt is
- laws can amend rules, but OVERSIGHT COMMITTEE: proper. Administrative, but FACT-FINDING determination akin to quasi-
1. Violates separation of powers judicial function
2. Committee will amend the law authorizing delegation (RULE ON
PRESENTMENT – Congress submits to President for approval) *Ancillary writs
3. Only SC can nullify so this would pre-empt judicial power need express conferment
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
Quasi-judicial – Rule 43 injunctions, and other ancillary writs and processes in aid of its appellate
Quasi-legislative – declaratory, etc jurisdiction and over petitions of similar nature, including quo warranto
DISTINCTION DETERMINES REMEDY
If with express power of JURISDICTION (ex: CA), with INHERENT /
SEC vs Universal Holdings - license to issue securities – admin duty necessarily implied power to have authority regarding ANCILLARY WRITS
Quasi-judicial – even if conferred, NOT implied power of ancillary writs
Determination of rights: would have to go to regular courts , implied powers very rare
Element of CONCLUSIVENESS / FINALITY by way of RESOLUTION of
conflict Two requirements:

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 1. Jurisdiction – must be in law. NO implied jurisdiction
- expressly conferred
Examples:
1. International Broadcasting Corporation v Jalandoon: Intra-corporate dispute
– contract!
- RTC with jurisdiction
2. Syquia v. Board of Power and Water Works:
Contract between tenants and owner of condo
Jurisdiction NOT with board
“question that is purely civil in character that is to be adjudged under the
applicable provisions of the Civil Code (not the Public Service Act) and not by
the respondent regulatory board which has no jurisdiction, by the regular courts of
general jurisdiction."
2. Due Process *Notice and Hearing
*Cardinal Rights – ONLY quasi-judicial proceedings, not admin (Ang
Tibay vs CIR)
à BASIC PRINCIPLES IN ADMINISTRATIVE INVESTIGATIONS :
(Montemayor v. Bundalian)
(1) The burden is on the complainant to prove by substantial
evidence the allegations in his complaint
(2) In reviewing administrative decisions of the executive branch of
the government, the findings of facts made therein are to be
respected so long as they are supported by substantial evidence
(3) Administrative decisions in matters within the executive
jurisdiction can only be set aside on proof of gross abuse of
discretion, fraud, or error of law.
à Cardinal Rights and Basic Principles WORK TOGETHER
*Rules of Procedure – not strictly observed -
substantial evidence only required
- writ of amparo – circumstantial evidence would suffice - Police
Commission v. Lood, Equitable Banking Corp v. NLRC:
Hierarchy:
1. Proof beyond reasonable doubt
2. Clear and convincing evidence
3. Preponderance of evidence
4. Substantial evidence
- Palma vs Fortich - Mayor charged with Acts of
Lasciviousness à must have criminal charge first before admin case
may prosper
“As a general rule, dismissal of an administrative case does not
necessarily follow the dismissal of a criminal case, the former
requiring as it does, only preponderance of evidence while the latter
requires proof beyond reasonable doubt.
However, in administrative actions against municipal officers, the SC
classified the grounds for suspension under two categories, namely:
a. those related to the discharge of the functions of the
officer concerned (neglect of duty, oppression,
corruption or other forms of maladministration of office)
and
b. those not so connected with said functions. Under the
second category, when the crime involving moral
turpitude is not linked with the performance of official
duties, conviction by final judgment is required as a
condition precedent to administrative action.
The ground for filing of the administrative action in the case at bar and
the suspension of petitioner Mayor is misconduct
allegedly committed in the form of lascivious acts of the latter.”
Rules of procedure – judicial proceedings NOT necessary in quasi-judicial
because LESSER QUANTUM OF EVIDENCE
Public Officer - PUBLIC ACCOUNTABILITY
-justifies relaxation of strict rules of evidence (quasi-judicial also)
-trial type not essential, position papers enough
Hearing à Real opportunity to be heard
-Once complied with, cannot complain of denial of this right (INACTION)
RA 7902 (Rule 43, ROC)
-Quasi-judicial proceeding à appeal is CA *Original action – certiorari
-must have to establish grave abuse of discretion (very difficult to establish)
Res judicata – adjudication would preclude same parties from filing same action!
- same issues, same proceeding, same subject matter
- Montemayor vs Bundalian – Res judicata ONLY in quasijudicial,
NOT admin proceedings (especially in preliminary
investigations – NO!)
Enforcement – may do so if expressly conferred, but if not, secure
assistance from regular courts
Art IX-A, Sec 6
Section 6. Each Commission en banc may promulgate its own rules concerning
pleadings and practice before it or before any of its offices. Such rules,
however, shall not diminish, increase, or modify substantive rights.
Art XIII, Sec 5(5)
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of
the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.
disapproval authority of SC - SC may promulgate these rules!
Civil Aeronautics Board vs PAL – imposed fines, it is a civil
fine, NOT a fine in the nature of criminal penalty as
contemplated in the RPC JUDICIAL REVIEW
- determined by LAW (determines appeal, etc)
- “final and appealable” – Ok! Does not divest court of jurisdiction to determine
questions of law
Art XIII, Sec 5 (2)
Section 5. The Supreme Court shall have the following powers:
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or
the Rules of Court may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international
or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue. (d) All
criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
à Lower courts ONLY. NOT Administrative bodies!
*Court martial – established by Commander-in-chief
-May tackle criminal cases (Articles of war)
-Court martial of executive origin. NOT included in the concept of lower courts
-If appealed all the way to Pres, next is ORIGINAL ACTION of certiorari to SC
Aratuc vs COMELEC
- Rule 65 – Original action
- Rule 45 – appellate (errors of law)
à BUT NOW: CSC à CA. RA 7902. Rule 43 applicable à COA and
COMELEC: - Rule 64 à follow Rule 65
- BUT deadline à follow Rule 64 (30 days)
THREE DOCTRINES:
1. Prior Resort
- If with concurrence of jurisdiction between court and admin body,
there must be prior resort to agency before relief to court
- If no prior resort, this precludes seeking judicial relief
- cannot go to court, unless go to admin body first
(same with primary jurisdiction before)
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 à BUT PRIOR RESORT NOW: many admin agencies. So many
admin agencies with jurisdiction, HENCE: separate doctrine for
primary jurisdiction

2. Primary Jurisdiction
- Whoever acquires jurisdiction first of all agencies with concurrent
jurisdiction is considered to have primary jurisdiction
- Agency à Primary
- Court à Only secondary

3. Exhaustion
- Before judicial relief, one must avail of all administrative appellate
structure
- can be subject to motion to dismiss - failure to state: lack of cause of
action à BASIS:
1. Correct itself
2. Decrease judiciary workload
3. Plain, speedy, adequate remedy
4. Power of control of President – Constitutional justification of
doctrine of exhaustion

- This doctrine: NOT always required to be followed. Only

required if LAW provides for appellate relief -
Power of control of President NOT absolute

RULE: Exhaustion only applicable if REQUIRED BY LAW - If law

provides direct appeal, LAW takes precedence OVER this doctrine

Sagisag vs Executive Secretary

VFA EDCA
General Implementing
Executive Agreement
“Execute” – must have
existing law, Consti, treaty

Questions Reviewable
1. Facts 2.
Law

Fact:
- Accorded with great respect, but NOT unassailable
- Separation of powers

Law:
- ALWAYS reviewable
- recognized power that Courts can only review

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