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Admin Law Carlo Cruz PDF
Admin Law Carlo Cruz PDF
By
Carlo L. Cruz
Chapter 1
General Considerations
Nature
It was felt that the legislative and judicial departments no longer had
either the time or the needed expertise to attend to these new problems.
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3. Rules and regulations issued by the administrative bodies – e.g.
Omnibus Rules Implementing the Labor Code.
Administration
Law maintains a watchful eye on those who would violate its order.
While administration on the other hand seeks to spare individuals from
punishments of the law by persuading him to observe its commands.
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Chapter 2
Administrative Agencies
Definition
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Chapter 3
Powers of Administrative Agencies
Chapter 4
The Quasi-Legislative Power
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The interpretative regulation is issued by the administrative body as an
incident to its power to enforce the law and is intended merely to clarify
its provisions for proper observance by the people.
(a) Supplementary – intended to fill in the details of the law and “to
make explicit what is only general.”
(b) It must be within the scope of the authority given by the legislature;
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When Congress authorizes promulgation of administrative rules and
regulations to implement given legislation, all that is required is that the
regulation be not in contravention with it, but to conform to the
standards that the law prescribes.
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Fourth Requisite: Regulation Must Be Reasonable
Penal Regulations
The power to define and punish crime is exclusively legislative and may
not be delegated to the administrative authorities. While administrative
regulations may have the force and effect of law, their violation cannot
give rise to criminal prosecution unless the legislature makes such
violation punishable and imposes the corresponding sanctions.
(a) The law itself must make violation of the administrative regulation
punishable;
(b) The law itself must impose and specify the penalty for the violation of
the regulation;
Enforcement
Amendment or Repeal
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Chapter 5
The Quasi-Judicial Power
A. Jurisdiction
It is the legislature that has the power to confer jurisdiction upon the
administrative body and so limit or expand its authority.
It can be said that each administrative body has its own peculiar
jurisdiction as conferred upon it by the specific provisions of its charter.
The law may allow some administrative bodies to award certain kinds of
damages while denying the same power, for no apparent reason, to other
administrative bodies.
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For example, the SEC and NLRC are allowed to award damages virtually
to the same extent as a court of justice. Yet similar authority has not
been conferred by its charter to NTC.
1. Rules of Procedure
The power to issue subpoena and subpoena duces tecum is not inherent
in administrative bodies.
Like the subpoena power, the power to punish for contempt is essentially
judicial and cannot be claimed as an inherent right by the administrative
body.
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To be validly exercised, it must be expressly conferred upon the body
and, additionally, must be used only in connection with its quasi-judicial
as distinguished from its purely administrative or routinary functions.
The right to notice and hearing is essential to due process and its non-
observance will as a rule invalidate the administrative proceedings.
Persons are entitled to be notified of any pending case affecting their
interests so that, if they are minded, they may claim the right to appear
therein and present their side or refute the position of opposing parties.
Nevertheless, there are instances when notice and hearing can validly be
omitted. Among the justifications for such omissions are the urgency of
immediate action (which does not preclude the enjoyment of the right at
a later time without prejudice to the person affected) and the fact that
the right had previously been offered but not claimed.
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Cardinal rights or principles to be observed in administrative
proceedings:
g. the court should render its decision in such a manner that the
parties to the proceeding can know the various issues involved, and
the reasons for the decisions rendered.
The law does not require another notice and hearing for a review of the
decision of the board.
In M.F. Violago Oiler Tank Trucks vs. NLRC, there was no denial of
due process where the petitioners received notice of the scheduled
investigation the day before said date of the hearing or investigation but
failed to present evidence. On the other hand, there was clearly such a
denial where it appears that a decision rendered against a person who
was not a party to or even notified of the proceedings taken before a
labor arbiter.
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D. Enforcement of Decision
E. Res Judicata
General Rules
Methods of review
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It is provided in RA No. 5434 that an appeal from a final award, order or
decisions of the Patent Office shall be taken by filing with said body and
with the Court of Appeals a notice of appeal within 15 days from notice of
such award, order or ruling, copies being served on all interested parties.
The petition shall contain a concise statement of the issues involved and
the grounds relied upon for the review, and shall be accompanied with a
true copy of the order appealed from, together with copies of such
material portions of the records as are referred to therein and other
supporting papers.
First, before said actions may be entertained, it must be shown that all
the administrative remedies prescribed by law or ordinance have been
exhausted; and,
There are two doctrines that must be considered in connection with the
judicial review of administrative decisions:(1) doctrine of primary
jurisdiction or prior resort; and (2) the doctrine of exhaustion of
administrative remedies.
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then relief must first be obtained in an administrative proceeding before
a remedy will be supplied by the courts even though the matter is within
the proper jurisdiction of the court
A. Reasons
B. Exceptions
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(8) When strong public interest is involved;
In the early case of Demaisip vs. Court of Appeals, the Court held that
appeal to the President was not necessary because the Cabinet member
was after all his alter ego and, under the doctrine of qualified political
agency, the acts of the secretary were the acts of the President.
This view was abandoned in Calo vs. Fuertes, where it was held that
appeal to the President was the final step in the administrative process
and therefore a condition precedent to appeal to the courts.
D. Effect of Non-compliance
Questions Reviewable
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Two kinds of questions are reviewable by the courts of justice, to wit: the
question of fact and the question of law.
A. Questions of fact
The Supreme Court ruled in Osias Academy vs. DOLE that “findings
of administrative agencies which have acquired expertise because
their jurisdiction is confined to specific matters are generally
accorded not only respect but finality.”
B. Questions of Law
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