What is an administrative order?

What are different kinds of admin rules?

What is an executive order Ople vs torres

President issued an exec order mandating a national id system. Struck down by sc as unconstitutional. In
2006 issued another EO mandating such national id system now allowed. In KMU case, mandatory only
to government employees thus may distinctionk

GN: an executive order is applicable only generally to executives

What is meant by Govt of republic of phil- sec 2 of Admin code

What is a government instrumentality

What is a regulatory agency

What is a chartered institution

Differentiate agency, instrumentality, gocc, subdivisions

Subdivisions- are the provincis, cities and municipalities under the jurisdiction of the Govt

Instrumentality- refers to agency of the national govy, not integrated within the department framewok,
vested with special functions or jurisdiction by law endowed wwith some if not all corporate powers

Agency refers to various units of govt including dept, bureau, office, instrumentality or gocc (general sa
lahat)

GOCC- owned by majority part by govt that conduct both commercial and non-commercial activity
What is a gocc performinga proprietary function? How do u distinguish the from Instrumentality

Is Mia a GOCC or instrumentality?

SC said it is not a GOCC as not organized as stock or non stock corp. no capital shares to be
divided plus also a not a non stock has no members.

It is a govt instrumentality vested with corporate powers to perform efficiently its governmental
functions.

Is MIAA subject to rpt? No. properties are owned by RP and thus exempt. The fact that MIAA collects for
terminal fees does not negate public use thus they are outside commerce of men.

GSIS not a GOCC and therefore not subject to property tax. GSIS holds property in trust for the govt
because such is always (sell) through authority of Philippines GSIS 2009

May the DOJ issue an administrative order consolidating all pending cases against the same
reespondents? Dacudao vs sec of justice

Yes. The consolidation of cases for expeditious justice for parties

2 basic powers of admin agencies

Quasi legislative powers- rule making pwer, can issue only subordinate and delegated statutes

Quasi judicial- power to hear and determine questions of fact. Power to adjudicate

When do they take effect? 15 days after publication and not 15 days of filing with UP

Expn. Different date fixed by law or in case of public health, safety and welfare, imminent danger
Publication? Necessary if to enforce or implement laws pursuant to valid delegation

EXPN: interpretative rules, Internal and LOI

Admin rule cannot fine Penalty if not found in law. Rule for offense must be pursuant yto law

Is notice and hearing required?

No. if procedural or based on legal opinions, should not be required

Expn

1. Subordinate legislation- power of admin agencies to promulgate rules on their matters of own
specializations
2. Rules on Rate Fixing- if required as part of quasi judicial hearing is required, if for legis function,
increasing fees for renewal of license or NBI clearance no notice and hearing

SAMPLE PROBLEM

MARINA issued new rules governing pilotage service fees without notice and hearing

The issuance of the new rules and regulations violated due process. If the rule substantially increases the
burden of those directly affected there should be chance to be heard

Where shoud a case be filed assailing admin remedeies

If assailed is validity of an admin rule in performance of quasi legislative function- RTC

NB: Grant of Investigatory power is not equal to adjudication but only recommend ex CHR
When is an agency- quasi judicial- power to adjuciate; render a decision binding between parties and
determine their rights

NB: The fact that PCSD conducts public consultations or hearinhs is not equal to quasi judicial functions

DOJ exercise probable cause is such quasi-judicial powers?

 If DOJ exercise quasi-judicial go to CA; If quasi legislative- OP -CA

No. PREM investigation is merely inquisitorial to determine such probable cause, for in the end it is the
courts who passed upon judgment on the accused

May MTRCB imposed preventive suspension?

No. MTRCB may prohibit broadcast of television programs as part of regulatory and advisory functions
but tv personalities our outside of its jurisdiction

Can an agency issue subpoena?

All agencies with Q judicial powers have the power to issue subpoena even if law is silent. Its power will
be futile if it cannot compel other s to attend hearing

Can agency cite in contempt?

No unless express provided. Such declaration of contempt is inherent in judicial system.

May an admin agency issue a warrant of arrest? No. Under Consti- only judges may issue warrant

Expn: in cases od deportationand undesirable aliens- arrest and deport and not arrest and detain

May admin agencies impose fines and penalties? Yes

Test: 1. Must be within authority of Congress

2 must be admin in character or civil

3. Agency expressly authorized

Administrative due process

1.right to a hearing

2. tribunal must consider evidence presented

3. decision supported by evidence

4. Evidence is substantial

5. Decision must be based on evidence presented

6. Independent Judgment

Is notice and hearing necessary prior to deprivation of right?

No. Required only if – when law requires, when affect person’s status

Not required- grant of provisional authority for increased rates or engage in a particular line of business
or exercise of police power or cancellation of passport or summary abatement of nuisance or preventive
suspension of employee

Quantum of Proof- Substantial evidence- as a reasonable mind might accept as adequate to support a
conclusion

Right to self incrimination

Can be invoked

Cabal vs Kapunan. Since unexplained wealth may result in the forfeiture of property, the complainant
cannot call the respondent to the witness without enroachng self incrimination

Pascual case – same rule because admission may lead to loss of privilege to practice med
Res Judicata, can it apply to admin cases? Yes if adversarial in nature

Expn: naturalization proceedings, labor, family relations even if adversarial

NB: Res judicata is not allowed or applied in exercise of admin powers

Fortich vs Corona- involve ay decision ng office of pres reviewing decision ng Agrarian reform. Sa rules
nila OP ay final na. SC, yes di na pede ireopen, it applies nay un res judicata. Kasi adversarial.

Several Parcels of land were subdivision road lots were illegaly converted into residential lots and then
sold by subdivision developer. Can sale be annulled by the Courts?

No. HLURB has sole reg body for housing and land devt. The extent to which an administrative agency
may exercise its powers depends on the provisions of the statute creating such agency

Doctrine of Primary Jurisdiction vs

Case that requires for its determination expertise, skills and knowledge of some admin board or
commission because it requires technical matters must first be filed or relief sought in appropriate
admin proceeding

Primary vs Exhaustion of aadmin remedies

1. Primary has concurrent jurisdiction with court but courts will not hear if such was not filed with
admin while exhaustion of admin remedies not necessarily concurrent
2. Primary jurisdiction walang dismissa remandedl while exhaustion dismiss

Exhaustion of Admin Remedeis

Secreteary of National Defense issued a memorandum directing the AFP Chief of Staff to facilitate the
interment of Former President Ferdiand Marcos at the LNMB. Din petitioners violate the doctrine of
exhaustion of administrative remedies?
Yes.Contrary to their claim of lack of plain, speedy, adequate remedy in the course of law is to file or for
reconsideration with Sec of National Defense. Has expertise and should be given opportunity

Expns

1 when there is violation of due process

3. Issue involve pure questions of law

4. Admin action is patently llegal
5. Admin agency in estoppel
6. When there is irreparable injury
7. Doctrine of qualified political agency applies
8. When rule does not provide a plain speedy and adequate remedy-like TRO
9. Urgency of judicial intervention