ADMINISTRATIVE LAW

REVIEWER
Atty. Ostrea
CHAPTER 1: INTRODUCTION E. DISTINGUISHED FROM INTERNATIONAL LAW
A. CONCEPT OF ADMINISTRATIVE LAW Administrative Law International law
• Admin Law belongs to the field of public law1
• Entire system of laws under which the machinery of the State works and by which Lays down the rules which shall Cannot be regarded as binding
the State performs all government acts guide the officers of the upon officers of any government
• All laws that regulate or control the administrative organization and operations of administration in their actions as considered in their relation to their
the government, including the legislative and judicial branches (not including agents of the government own government, except insofar as
exercise of purely legislative and purely judicial functions, unless it is judicial it has been adopted into the
review of admin acts) administrative law of the state
• Purpose: Regulates private rights
• That part of the law which governs the organization, functions, and procedures of
administrative agencies of the government to which quasi-legislative powers are F. DISTINGUISHED FROM CONSTITUTIONAL LAW
delegated and quasi-judicial powers are granted, and the extend and manner to Administrative Law Constitutional Law
which such agencies are subject to control by the courts.
Gives and carries out the general Prescribes the general plan or
B. SCOPE OF ADMINISTRATIVE LAW plan in its minutes details framework of governmental
Embraces not only the law that governs administrative authorities (Constitution, organization
statutes, judicial decisions, appropriate principles of justice and equity in particular
cases), but also the law made by AAs (rules, regulations, orders, decisions) Treats individuals from the Treats the rights of the individual’
standpoint of the powers of the lays stress upon the rights
C. MEANING OF ADMINISTRATIVE AUTHORITIES government; emphasizes the
All those public officers and organs of the government that are charged with the powers of the government and
amplification, application, and execution of the law, except Congress and regular duties of the citizen
courts
Indicates to individuals, remedies Prescribes limitation on powers of
D. CONCERNS OF ADMINISTRATIVE LAW for the violation of their rights the government to protect the rights
1. Private rights- Protection of private rights of individuals against abuse in their
2. Delegated powers and combined powers- Officers and agencies exercise exercise
delegated powers. This results from a fusion of different types of
governmental powers in certain public officers which are part of the G. DISTINGUISHED FROM CRIMINAL LAW
executive branch of the government including a coercive power over
individuals, since the exercise of this type of power by this type of officer Administrative Law Criminal Law
runs afoul of the fundamental and traditional principle of separation of
powers Administrative rules can be Consists of body of penal sanctions
protected or enforce by penal which are applied to all branches of
sanctions, but are not divested of the law, including admin law
their administrative character

1 Branch of law which regulates the relations of the state with its subject.
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H. DISTINGUISHED FROM LAW OF PUBLIC ADMINISTRATION
Administrative Law Law of Public Administration
Refers only to the external aspect Has to do with the practical
of public administration; narrower management and direction of the
branch but constitutes bulk of law various organs of the State and the
of public administration execution of state policies by the
executive and administrative
officers entrusted with such
functions.
I. PRINCIPAL SUBDIVISIONS OF ADMINISTRATIVE LAW
1. In general: Examined in its internal or external aspect
• Law of Internal Administration: Treats of the legal relations between the
government and its administrative officers, and of the legal relations that one
administrative officer or organ bears to another
• Considers the legal aspects of public administration on its institutional side
(as a going concern)
2. Law of external administration: Legal relations between administrative
authorities and private interests. Four parts:
1. A survey of those powers and duties of administrative authorities that relate
directly to private interests
2. An analysis of the scope and limits of such powers
3. Some account of the sanctions attached to, or the means of enforcing,
official determination;
4. Examination of the remedies against official action
J. CLASSIFICATION OF ADMINISTRATIVE LAW
1. As to source: Draws a line between the law that governs or controls them, and
that which is made by AAs
1. The law that controls AAs: Constitution, statutes, judicial decisions, Eos of
the President, AOs of administrative superiors to administrative
subordinates
2. Law made by AAs: Both general regulations and particular determinations.
It constitutes delegation of power embodied in statutory administrative law.
1. Examples: Presidential proclamations under flexible-tariff clause, rules
of practice and decisions of administrative tribunals, cease-and-desist
orders of SEC
2. As to its purpose:
1. Adjective or procedural administrative law: Establishes the procedure
which an agency must or may follow in the pursuit of its legal purpose.
Derived from Constitution, statute, or agency regulations
2. Substantive administrative law: Derived from same sources under adjective
law, but differ in contents since this establishes primary rights and duties.
ADMIN LAW | OSTREA
3. As to its applicability:
1. General administrative law: Of general nature and common to all, or most,
AAs. It is chiefly, but not exclusively procedural law (ie. due process,
doctrine of exhaustion of administrative remedies)
2. Special or particular administrative law: Pertains to a particular agency.
Proceeds fro the particular statute creating such agency. Most substantive
administrative law falls within this group, and those procedural rules to be
applied only by a given agency in cases falling under its jurisdiction
K. ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
1. Recognition given as a distinct category of law: Only in the last few
decades with the rapid expansion of AAs and their increased functions that
a substantial body of jurisprudence has developed in the field and general
recognition has been given to it as a distinct category of law
2. Multiplication of government functions: As modern life became complex,
the subject of government regulations correspondingly increased, which, in
turn, caused a multiplication of government functions, necessitating an
enormous expansion of public administration.
3. Growth and utilization of AAs: Administrative law developed as the natural
accompaniment of the growth of AAs and their utilization in response to the
needs of a changing society. One thrust of the multiplication of AAs is that
the interpretation of certain contracts and agreements and the
determination of private rights under them is no longer a uniquely judicial
function exercisable only by our regular courts.
4. Fusion of different powers of government in AAs:
1. Extensive investigation, rule-making, and adjudicating powers
2. Vested with power to promulgate rules and regulations to better carry
out some legislative policies, and to decide on controversies within the
scope of their activities
5. A law in the making
6. Philippine Administrative Law: Substantial part derived from American and
English jurisprudence on this branch of law. It merely has persuasive effect,
but not controlling.
L. SCOPE OF THE ADMINISTRATIVE PROCESS
• Scope includes the whole of the series of acts of an AA whereby the legislative
delegation of a function is made effectual in particular situations
M. ADVANTAGES OF THE ADMINISTRATIVE PROCESS
1. Advantages of AAs as compared with executive action: It, where practicable,
insures greater uniformity and impersonality of action.
2. Limitation upon the powers of the Courts
3. Trend toward preventive legislation: The mere existence of other laws such as
criminal law and law on torts and contracts sometime do not have enough
deterrent effect, that the only thing they can do is to indemnify the person AFTER
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 the damage has been done. Thus, the desire for more effective and flexible 3. To lend powers of the court to the proper attainment of the valid objectives
preventive remedies has been a factor for the creation of many AAs. of the administrative agency; and
4. Limitations upon effective legislative action: There are limitations inherent in 4. To leave the legislature or the people the remedy for administrative action
the legislative process which make it a practical impossibility for Congress to do which may be unwise or undesirable but within the lawful powers of the
all things it theoretically can do. Thus, delegation of rule-making power to AAs. agency. Courts are not advisers of AAs
5. Limitations upon exclusive judicial enforcement: A single AA can assume
responsibility for the enforcement of policies and can develop, subject to judicial P. A D M I N I S T R AT I O N O F G O V E R N M E N T D I S T I N G U I S H E D F R O M
review, uniform policies in the carrying out of such responsibility. ADMINISTRATION OF JUSTICE
6. Advantages of continuity of attention and clearly allocated responsibility: AAs
Administration of government Administration of justice
have the time and facilities to become and remain continuously informed, and
they can be given unified responsibility for effectuating broader policies laid
down by Congress. Administrative officers Judicial officers
7. Need for organization to dispose of volume of business and to provide the
necessary records Work done is not necessarily, or Work done consists in the
even often, the result of any decisions of controversies between
N. CRITICISMS AGAINST ADMINISTRATIVE ACTION controversy and is not merely individuals and government
1. Tendency towards arbitrariness dependent on the solution of the officers, as to the applicability in the
2. Lack of legal knowledge and aptitude in sound judicial technique question “what is the law” but also case of a particular rule of law
3. Susceptibility to political bias or pressure, often brought about by uncertain a result of consideration of
tenure expediency
4. A disregard for the safeguards that insure a full and fair hearing
5. Absence of standard rules of procedure suitable to the activities of each agency; Q. ADMINISTRATION AS A SEPARATE POWER
and 1. As a function: Administration is the execution of the law or will of the State as
6. A dangerous combination of legislative, executive, and judicial functions expressed by the competent authority. It may be external or internal
• Combined power is given to AAs to allow them to more expeditiously develop and 1. In the proper and narrow sense, it is the activity of the executive officers of
enforce policies, but it also allows them to act more arbitrarily to use ad hoc the government.
solutions and sanctions rather than solutions and sanctions formally prescribed 2. It also had to do with the carrying of laws into effect
by standing laws. 2. As an organization: “The administration” is that group or aggregate of persons
in whose hands the reins of government are for the time being. It is the entire
O. RELATION BETWEEN ADMINISTRATIVE AGENCIES AND COURTS administrative organization extending from the Chief Executive down to the
1. Collaborative instrumentalities of justice most humble of his subordinates.
2. Role of Courts:
1. Accommodate the administrative process to the traditional judicial system R. ADMINISTRATION AS AN ORGANIZATION DISTINGUISHED FROM
2. To accommodate private rights and the public interest in the powers GOVERNMENT
reposed in AAs; and • Government: refers to that institution or aggregate of institutions by which an
3. To reconcile in the field of administrative action democratic safeguards and independent society makes and carries out those rules of action which are
the standards of fair play with the effective conduct of government necessary to enable men to live in a civilized state, or which are imposed upon the
3. Discharge of judicial role: people forming that society by those who possess the power or authority of
1. To maintain the Constitution by seeing that powers are not unlawfully prescribing them
vested in AAs and to maintain the constitutional and statutory rights of • Administration: Refers to the aggregate of those persons in whose hands the
persons by seeing that powers lawfully vested are lawfully exercised but reins of government are entrusted by the people for the time being.
without abdicating their judicial responsibility
2. Give due deference to the role of AAs, and not to usurp or unwarrantedly
limit the powers and functions lawfully vested in them

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CHAPTER 2: NATURE AND ORGANIZATION OF ADMINISTRATIVE
AGENCIES
I. STATUS AND CHARACTERISTICS
A. CREATION, REORGANIZATION, AND ABOLITION OF ADMINISTRATIVE
AGENCIES
1. In general: Some AAs are created by or receive their powers from the
constitutional provisions which may be self-executing, but most are from
legislative enactments. Aside from Congress, the Executive may also create
AAs, especially investigative agencies and particularly under statutes so
providing.
• Duly executed acts of AA can have valid effects even beyond the life span
of said agency
2. Administrative agencies of statutory origin: These agencies are subject to
expansion or contracting of their powers and functions, or to reorganize or
abolition at the will of Congress, hamstrung only by constitutional
limitations.
• Congress has vested power in the president to reorganize executive
agencies and redistribute functions (See Pichay v ODESLA), and to
particular transfers under such statutes have been held to be within the
authority of the President
• Congress can delegate the power to create positions. This has been
settled by decisions upholding the validity of reorganization statutes
authorizing the President to create, abolish, or merge offices in the
executive department. Well-settled is the rule that reorganization is
regarded as valid provided it is pursued in GOOD FAITH
B. MEANING OF ADMINISTRATIVE AGENCY
• Used to generally describe an agency exercising some significant
combination of executive, legislative, and judicial powers
• Under the Admin Code, the term “agency of the Government” is used to refer
to any of the various units of the Government, including a department, bureau,
office, instrumentality, or GOCC, or a local government or a distinct unit
therein.
• “National agency” refers to a unit of the national Government, and “Local
agency” refers to a local government or a distinct unit therein
C. ADMINISTRATIVE AGENCY OR BODY AND COURT; DISTINGUISHED
Administrative agency or body Courts
Generally a large organization A tribunal which is presided by one
staffed by men who are deemed to or more jurists learned in the law
be something of experts in their
particular fields
ADMIN LAW | OSTREA
Performs a variety of functions Performs only one function- judicial
Uses a varying degree of discretion More or less governed by fixed
in arriving at decisions and often rules in arriving at its decisions and
proceeds without being bound by bound by the rules that no final
technical rules of evidence or adjudication is to be made until
procedure after due notice to the parties with
opportunity for a full and fair
hearing
D. STATUS AND CHARACTER OF PARTICULAR ADMINISTRATIVE AGENCIES
1. As public or governmental agencies: They represent no private interests of
their own, but functioning or acting within the scope of their authority for
and on behalf of the government.
2. As judicial bodies or courts: They are not courts or judicial bodies or
tribunals in the strict sense. AAs cannot exercise purely judicial functions,
they do not have inherent powers of a court (see case on power of certiorari
as inherent to judicial function), are not bound in their proceedings by all
rules applicable to court proceedings. However, while not directly so, AAs
exercise adjudicatory powers in the broad sense. The functions of an AA are
primarily regulatory even if it conduct hearings and decides controversies to
carry out its duty, as compared to courts whose primary duty is to
adjudicate upon and protect the rights and interests of private parties.
3. As legislative or executive agencies: AAs may be said to be arms and
instrumentalities of the legislative branch of the government, and may
perform functions of a legislative or quasi-legislative character, although
they are without legislative power in the strict sense
• They may also be viewed as part of the executive branch, especially
competent to deal with matters within the scope of their authority by
reason of experience, information, and careful study.
4. As independent or subordinate bodies: The term AA or commission is often
used either to designate an agency independent of the executive branch or
one not subject to s superior head of department (CSC, COMELEC, COA) in
contradistinction to subordinate, the latter term applied to a body whose
actions are subject to administrative review or revision
5. As corporate bodies of legal entities: Some AAs are bodies corporate with
legal capacity to sue and be sued in courts (BSP)
E. MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES
1. Size
2. Specialization
3. Responsibility for result: A particular AA is charged by Congress with
accomplishing a particular statutory end.
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 1. Productive attitude towards issues: The various agencies taken
together are charged with responsibility for making good to people a
major part of the ends of democratic governments. This means that
they cannot take a wholly passive attitude towards the issues which
come before them. Unlike courts, they cannot sit passively until some
plaintiff takes initiative, nor can they take a purely neutral approach
towards accomplishing the task they are charged with
• The problem with AAs is the combination of powers delegated to them;
the problem of combining prosecution and adjudication in the same
agency; the problem of combining its responsibility for effective
enforcement of public policy with fair play to the private interests
which are regulated
4. Variety of administrative duties
F. CONSEQUENCES OF CHARACTERISTICS
• Each of the 4 characteristics of AAs to a greater or lesser degree, in turn,
contributes to, and necessitates, a highly important characteristic of
administrative procedure: delegation of function and authority
• The large staff of an agency, the many duties which the agency is called upon
to perform, the necessity of harmonizing its affirmative responsibility for
results with its equally important duty of deciding correctly as between the
parties in each particular case— thus calls for an allocation of functions
among the members and staff of the agency
• For it becomes obvious at once that the major work of the heads of an agency
is normally supervision and direction. They cannot themselves be specialists
in all phases of work, but specialists must be immediately available to them—
delegation of function and authority be a predominant feature of their
organization and procedure.
G. DELEGATION OF FUNCTION AND AUTHORITY
1. Types of delegation:
1. Delegation of internal management;
2. Delegation of authority to dispose of routine matters;
3. Delegation of authority to dispose of matters informally, or to initiate
formal proceedings; and
4. Delegation of authority and function in formal proceedings: Includes
delegation of authority to conduct formal hearings
2. Degree of delegation
1. the statement by agency heads of policies which have crystallized for
routine application by subordinates;
2. consideration by agency heads of cases in which the application of
established policy is difficult, or in which policy has not crystallized; and
3. the requirement of weekly or even daily reports to agency heads.
ADMIN LAW | OSTREA
H. TYPES OF AAs (AAs may fall under more than one type)
1. Those created to function in situations wherein the government is offering
some gratuity, grant, or special privilege.
1. Examples are: Philippine Veterans Administration (PVA), GSIS, SSS,
Public Attorney's Office,Philippine Medical Care Commission (PMCC)
2. Those set up to function in situations wherein the government is seeking
to carry on certain functions of government.
1. Examples are: Bureau of Internal Revenue (BIR), Bureau of Customs,
Bureau of Immigration, Land Registration Authority and most
administrative agencies;
3. Those set up to function in situations wherein the government is
performing some business service for the public.
1. Examples are: Philippine Postal Corporation, Philippine National
Railways, Metropolitan Waterworks and Sewerage Authority,
Government Telephone System, National Electrification Administration,
National Food Authority, National Housing Authority
4. Those set up to function in situations wherein the government is seeking
to regulate businesses affected with public interest.
1. Examples are: Insurance Commission, Bureau of Air Transportation;
Land Transportation Franchising and Regulatory Board (LTFRB), Energy
Regulatory Board, Bureau of Mines and Geo- Sciences, National
Telecommunications Commission, Housing and Land Use Regulatory
Board (HLURB),
5. Those set up to function in situations wherein the government is seeking
under the police power to regulate private businesses and individuals.
1. Examples are: Securities and Exchange Commission (SEC), Movie and
Television Review and Classification Board (MTRCB), Games and
Amusement Board (GAB), Dangerous Drugs Board (DDB), Bureau of
Trade Regulation and Consumer Protection (BTRCP), etc.;
6. Those agencies set up to function in situations wherein the government is
seeking to adjust individual controversies because of some strong social
policy involved.
1. Examples are: National Labor Relations Commission (NLRC),
Employees Compensation Commission (ECC), Social Security
Commission, Securities and Exchange Commission (SEC), Department
of Agrarian Reform (DAR), Commission on Audit
II. ADMINISTRATIVE ORGANIZATION
A. DISTRIBUTION OF POWERS OF GOVERNMENT
1. Administrative Organization: Administrative structure of the government
including its political subdivisions and the allocation of powers, functions,
and duties to its various units or agencies.
• Traditional branches: Legislative power, Executive Power, and Judicial
Power
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 • Special bodies or agencies: Three independent Constitutional
Commissions (CSC, COMELEC, COA, CHR, Office of the OMB, etc)
B. ORGANIZATION OF THE OFFICE OF THE PRESIDENT (OP Proper and
agencies under it)
1. OP Proper:
1. Private Office: attend to functions and matters that are personal or
which pertain to the First Family;
2. Executive Office: refers to the Office of the Executive Secretary, Deputy
Executive Secretaries, and Assistant Executive Secretaries. The ES
shall, subject to control and supervision of the President, carry out its
functions under the law and other functions as may be delegated by the
President
3. Common Staff Support System: offices or units under the general
categories of development and management, general government
administration and internal administration
4. Presidential Special Assistants/Advisers System: provide advisory or
consultative services to the President in such fields and under such
conditions as the President may determine.
2. Agencies under the OP: Those offices:
1. Under the chairmanship of the President,
2. Under the supervision and control of the President,
3. Under the administrative supervision of the Office of the President,
4. Attached to it for policy and proper coordination, and
5. That are not placed by law or order creating them under any special
department.
3. The President, subject to the policy in the Executive Office and in order to
achieve simplicity, economy and efficiency, shall have continuing authority
to reorganize the administrative structure of the Office of the President.
1. Restructure the internal organization of the Office of the President
Proper, including the immediate Offices, the Presidential Special
Assistants/Advisers System, and the Common Staff Support System,
by abolishing, consolidating or merging units thereof or transferring
functions from one unit to another;
2. Transfer any function under the Office of the President to any other
Department or Agency as well as transfer functions to the Office of the
President from other Departments and Agencies; and
2Instrumentality refers to an agency of the National Government, not integrated with the department framework vested with special functions or jurisdiction by law, endowed with some if not all
corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or
controlled corporacial charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary
authority of the State.
3Office refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied
by individual persons, whose functions are defined by law or regulation.
ADMIN LAW | OSTREA
3. Transfer agency under the Office of the President to any other
department or agency as well as transfer agencies to the Office of the
President from other departments or agencies.
C. ORGANIZATION OF DEPARTMENTS
• Department: refers to an executive department created by law. For purposes
of Book IV, this shall include any instrumentality2, as herein defined, having or
assigned the rank of a department, regardless of its name or designation.
(Admin Code)
1. Number, purpose, and decentralization
• Shall have such Departments as are necessary for the functional
distribution of the work of the President and for the performance of their
functions;
• Bureaus and offices under each Department shall be grouped primarily on
the basis of major functions to achieve simplicity, economy and efficiency
2. Department proper
• Unless otherwise provided in the Code or by law, the Department proper
shall include the Office of the Secretary and the staff units directly under it.
• Office of the Secretary consists of the Secretary and Undersecretary/ies,
together with the personnel in their immediate offices
• Every Secretary assisted by such number of Undersecretaries as may be
provided by Code or law
• In the absence of special provisions, the major staff units of each
department shall be the services which shall include: the Planning Service,
the Financial and Management Service, the Administrative Service, and
when necessary, the Technical and the Legal Services.
3. Jurisdiction over bureaus, etc: Each Department shall have jurisdiction over
bureaus, offices," regulatory agencies and government corporations
assigned to it by law, in accordance with the applicable relationships as
defined in Chapters 7, 8, and 9 of the Admin Code.
4. Assignment of offices and agencies, etc: The President shall, by executive
order, assign offices 3 and agencies not otherwise assigned by law to any
department, or indicate to which department a government corporation or
board may be attached.'
D. SECRETARIES, UNDERSECRETARIES, AND ASSISTANT SECRETARIES
• Secretary is given authority and responsibility for the exercise of mandate of
the department and for the discharge of its powers and functions
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 • Secretary has power of supervision and control
• Undersecretary shall, among others, advise and assist the Secretary in the
formulation and implementation of department objectives and policies. In the
absence, inability, or vacancy of the office of the Secretary, he temporary
discharges his duties, unless otherwise provided by law
• Assistant Secretary performs duties and functions as provided by law and as
given him by the Secretary
E. DEPARTMENT SERVICES
• General rule: Each Department to have the following Department Services:
1. Planning Service: economical, efficient and effective services relating
to planning, programming, and project development, etc as provided by
law.
2. Financial and Management Service:
3. Administrative Service: economical, efficient and effective services
relating to personnel legal assistance, information, records, delivery
and receipt of correspondence, supplies, equipment, collections,
disbursement, security and custodial work.
4. Technical Service
5. Legal Service: provided where the operations of the department involve
substantial legal work, in which case, the Administrative Service shall
not have a Legal Division. If not need for a Division, there shall be one
or more legal assistants in the Office of the Secretary.
• Exception: Otherwise provided by law
F. ORGANIZATION OF BUREAUS
• Bureau: any principal subdivision or unit of any department. For purposes of
Book IV, this shall include any principal subdivision or unit of any
instrumentality given or assigned the rank of a bureau, regardless of actual
name or designation, as in the case of department-wide regional offices.
• Each bureau to be headed by a Director who may have one or more Assistant
Directors as provided by law.
• It may have as many divisions as provided by law for efficient performance of
its functions
• Powers and duties of heads of bureaus:
1. Shall exercise overall authority in matters within the jurisdiction of the
bureau, office or agency, including those relating to its operations, and
enforce all laws and regulations pertaining to it;
2. appoint personnel to all positions in his bureau or office, in accordance with
law. In case of line bureau or office, he shall also appoint second level
personnel of the regional offices, unless such power has been delegated.
3. Have authority to discipline employees in accordance with Civil Service Law
4. Designate assistant head to act as chief of any division or unit within the
organization, in addition to his duties, without additional compensation
ADMIN LAW | OSTREA
5. consistent with law, rules and regulations, prescribe the form and fix the
amount of all bonds executed by private parties to the government under
the laws pertaining to his bureau or office.
6. Prescribe forms and issue circulars or orders to secure the harmonious and
efficient administration of his bureau or office. Penalties shall not be
prescribed in any circular or order for its violations, unless expressly
allowed by law
7. issue orders regarding the administration of its internal affairs for the
guidance of or compliance by its officers and employees;
• Bureaus are either staff or line
1. Staff: Primarily perform policy, program development and advisory
functions. It shall avail itself of the planning, financial and administrative
services in the department proper, if circumstances so warrant.
• Director of staff bureau shall:
(a) Advice and assist Office of Secretary on matters pertaining to Bureau’s
area of specialization
(b) Provide consultative and advisory services to regional offices of
department
(c) Develop, plans, programs, operating standards, and techniques for
attainment of objective and function of bureau
(d) Other duties as provided by law
2. Line: directly implement programs adopted pursuant to department policies
and plans. It may have staff units, as may be necessary, corresponding to
the services of the department proper
• Director of line bureau shall:
(a) Exercise supervision and control over all divisions and other units,
including regional offices, under the bureau;
(b) Establish policies and standards for the operations of the bureau
pursuant to the plans and programs of the department;
(c) Promulgate rules and regulations necessary to carry out bureau
objectives, policies and functions; and
(d) Perform such other duties as may be provided by law.
G. ORGANIZATION OF FIELD OFFICES
1. Regional Offices: Established according to law defining field services area.
• The administrative regions shall be composed of the National Capital Region
and Regions I to XII.
• Provincial and district offices may be established only by law whenever
necessary.
2. Administration: Headed by a Regional Director who may be assisted by one
Assistant Regional Director, except as may be provided by law
3. Supervision: under the supervision and control of the department proper or
line bureau concerned. The staff bureau or division shall perform primarily
advisory or auxiliary functions and exercise in behalf of the department or
agency functional supervision over the regional offices.
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 4. Organization
5. Functions:
(a) Implement laws, policies, plans, programs, rules and regulations of the
department or agency in the regional area;
(b) Provide economical, efficient and effective service to the people in the
area;
(c) Coordinate with regional offices of other departments, bureaus and
agencies in the area;
(d) Coordinate with local government units in the area;
(e) Perform such other functions as may be provided by law
• District offices- Established in cases of clear necessity
H. DEFINITION OF ADMINISTRATIVE RELATIONSHIP
1. Supervision and control: Control encompass supervision and control, unless
a different meaning is explicitly provided in the law
(a) act directly whenever a specific function is entrusted by law or
regulation to a subordinate;
(b) direct the performance of duty; restrain the commission of acts;
(c) review, approve, reverse or modify acts and decisions of subordinate
officials or units;
(d) determine priorities in the execution of plans and programs; and
(e) prescribe standards, guidelines, plans and programs.
2. Administrative supervision: Govern relationship between a department or its
equivalent and regulatory agencies or other agencies as may be provided by
law. It is limited to:
(a) to generally oversee the operations of such agencies and to insure that
they are managed effectively, efficiently and economically but without
interference with day-to-day activities;
(b) to require the submission of reports and cause the conduct of
management audit, performance evaluation and inspection to
determine compliance with policies of department
(c) to take such action as may be necessary for the proper performance of
official functions, including rectification of violations, abuses and other
forms of maladministration; and
(d) to review and pass upon budget proposals of such agencies but may
not increase or add to them.
• It shall not extend to:
(a) appointments and other personnel actions in accordance with the
decentralization of personnel functions under the Code, except when
appeal is made from an action of the appointing authority, in which
case the appeal shall be initially sent to the department or its
equivalent, subject to appeal in accordance with law;
(b) contracts entered into by the agency in the pursuit of its objectives, the
review of which and other procedures related thereto shall be governed
by appropriate laws, rules and regulations; and
ADMIN LAW | OSTREA
(c) the power to review, reverse, revise, or modify the decisions of
regulatory agencies in the exercise of their regulatory or quasi-judicial
functions.
3. Attachment: lateral relationship between the department or its equivalent
and the attached agency or corporation for purposes of policy and program
coordination. Coordination may be through:
(a) Representation of department in the governing board of the attached
agency or corporation, either as chairman or member, with or without
voting rights, if permitted by charter
(b) Having attached corporation or agency comply with system of periodic
reporting
(c) Have the department or its equivalent provide general policies through
its representative in the board, which shall serve as framework for
internal policies of attached agency or corporation
• Matters of day-to-day administration or those of internal operation left to
discretion of executive officer of agency or corporation. In case of strong
disagreement between head of attached agency and Secretary is in
disagreement, and is unable to resolve such, matter may be brought up to
President for resolution.
• Attached GOCCs submit to Secretary of concerned department, their
audited financial statements within 60 days from close of fiscal year
• Should the GOCC incur an operating deficit at the close of its fiscal year, it
shall be subject to administrative supervision of the department; and the
corporation's operating and capital budget shall be subject to the
department's examination, review, modification and approval.
I. POWERS AND FUNCTIONS OF DEPARTMENT SECRETARY
1. Advise the President in issuing executive orders, regulations, proclamations
and other issuances, the promulgation of which is expressly vested by law
in the President relative to matters under the jurisdiction of the Department;
2. Establish the policies and standards for the operation of the Department
pursuant to the approved programs of governments;
3. Promulgate rules and regulations necessary to carry out department
objectives, policies, functions, plans, programs and projects;
4. Promulgate administrative issuances necessary for the efficient
administration of the offices under the Secretary and for proper execution of
the laws relative thereto. These issuances shall not prescribe penalties for
their violation, except when expressly authorized by law;
5. Exercise disciplinary powers over officers and employees under the
Secretary in accordance with law, including their investigation and the
designation of a committee or officer to conduct such investigation;
6. Appoint all officers and employees of the Department except those whose
appointments are vested in the President or in some other appointing
authority. Where the Department is regionalized on a department-wide
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 basis, the Secretary shall appoint employees to positions in the second level
in the regional offices as defined in the Administrative Code;
7. Exercise jurisdiction over all bureaus, offices, agencies and corporations
under the Department as provided by law and in accordance with the
applicable relationships as specified in Chapters 7, 8, and 9 of Book IV of
the Code (infra.);
8. Delegate authority to officers and employees under the Secretary's direction
in accordance with the Code; and
9. Perform such other functions as may be provided by law.
J. AUTHORITY OF DEPARTMENT SECRETARY
• The Secretary of a Department shall have supervision and control over the
bureaus, offices, and agencies under him, subject to the following guidelines:
1. Initiative and freedom of action on the part of subordinate units shall be
encouraged and promoted rather than curtailed, and reasonable opportunity
to act shall be afforded these units before control is exercised;
2. With respect to functions involving discretion, experienced judgment or
expertise vested by the law upon a subordinate agency, control shall be
exercised in accordance with said law; and
3. With respect to any regulatory function of an agency subject to department
control, the authority of the department shall be governed by the provisions
of the Code. The Secretary's authority as provided above shall not apply to
chartered institutions or government-owned or - controlled corporations
attached to the department.
K. DELEGATION OF AUTHORITY
• The Secretary or the head of an agency shall have authority over and
responsibility for its operation. He shall delegate such authority to the bureau
and regional directors as may be necessary for them to implement plans and
programs adequately.
1. Delegated authority shall be to the extent necessary for economical,
efficient and effective implementation of national and local programs in
accordance with policies and standards developed by each department or
agency with the participation of the regional directors.
2. The delegation shall be in writing; shall indicate to which officer or class of
officers and employees the delegation is made; and shall vest sufficient
authority to enable the delegate to discharge his assigned responsibility.
L. LINE BUREAU AUTHORITY
• Supervision and control over their regional and field offices
• Regional and other field offices shall constitute the operating arm of the
bureau concerned for direct implementation of plans and programs drawn up
in accordance with approved policies
ADMIN LAW | OSTREA
M. RELATIONSHIP OF GOCCs TO THE DEPARTMENT
• GOCCs: any agency organized as a stock or non-stock corporation, vested
with functions relating to public needs whether governmental or proprietary
in nature, and owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as in the case of stock
corporations, to the extent of at least fifty-one (51) per cent of its capital
stock: Provided, That government-owned or controlled corporations may be
further categorized by the Department of the Budget, the Civil Service
Commission, and the Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and responsibilities with
respect to such corporations.
• Attached to the appropriate department with which they have allied functions,
or as may be provided by EO, for policy and program coordination and general
supervision
• At least 1/3 of the Members of the Board of such corporations should either
be a Secretary, Undersecretary, or Assistant Secretary
• NOTE: During their tenure, members of the Cabinet, and their deputies and
assistants (i.e., undersecretaries and assistant secretaries), are prohibited,
unless otherwise provided in the Constitution itself, from holding any other
office or employment (CONSTI, Art. 7 S13)
N. RELATIONSHIP OF REGULATORY AGENCIES OT THE DEPARTMENT
• Regulatory agency: refers to any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial rights and
interest of private persons, the principal powers of which are exercised by a
collective body, such as a commission, board or council.
• Subject to supervision of department under which they are placed, except
when they are government corporations in which case they are governed
under topic M.
• heads of regulatory agencies shall submit annually, for the approval of the
Secretary concerned, their budgets and work plans which shall be the basis of
their day-to-day operations.
• may avail themselves of the common auxiliary and management services of
the department as may be convenient and economical for their operations.
O. MANDATES OF THE DIFFERENT DEPARTMENTS
• For mandate of each department, refer to page 52-58 of De Leon
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CHAPTER 3: POWERS AND FUNCTIONS OF ADMINISTRATIVE
AGENCIES
A. GENERAL MEANING OF POWERS AND FUNCTIONS
• Function: That which one is bound or which it is one’s business to do
• Power: Means by which a function is fulfilled
B. SOURCE OF POWERS:
1. Constitution
2. Laws
• Not always come from a single source
• Failure to exercise powers granted to administrative agencies does not
forfeit or extinguish them
C. SCOPE OF POWERS:
1. Express and Implied Powers: Either expressed in Statutes or
Constitution and those necessarily implied in the exercise of its express
powers
1. Example: In the exercise of its express powers under its charter
with respect to pollution cases, a regulatory and quasi-judicial body
has power to issue an ex parte cease and desist order when there
is prima facie evidence to establish that a business exceeds
allowable standards set by anti-pollution laws.
• Statutes conferring powers on AAs must be liberally construed to
enable them to discharge their assigned duties in accordance with their
legislative purpose
2. Inherent powers: No inherent powers, although implied may be
sometimes spoken as inherent
1. Example: In the absence of a provision of law, AAs do not possess
inherent power to punish for contempt
2. Quasi-judicial powers: Unless expressly empowered, AAs are bereft
of quasi-judicial powers
1. AAs enjoy presumption that they have regularly performed their
official functions or duties, including those which are quasi-
judicial in nature
D. NATURE OF POWERS:
1. Jurisdiction limited: Possess limited jurisdiction, or purely
constitutional or statutory powers, and they possess only such powers
and authority as have been specifically conferred upon them by the
ADMIN LAW | OSTREA
Constitution or specifically granted to them by their enabling statutes
and those as may be necessarily implied in the exercise thereof.
2. Powers within their jurisdiction broad and plenary: powers conferred
on them must be commensurate with the duties to be performed and
the purposes to be lawfully effected.
1. Only when power and authority manifestly abused that a court may
interfere
2. Persons dealing with administrative officers or agencies must take
notice of their authority to act and are charged with knowledge of
any limitation on their power
3. Power subject to Constitution, Law, or administrative regulation: AAs
not authorized to substitute its own judgment for any applicable law or
administrative regulation with the wisdom or propriety of which it does
not agree, at least not before such law or regulation is set aside by the
authorized agency of the government.
E. WHAT CONSTITUTES ADMINISTRATIVE POWER OR FUNCTION
1. Convenient rather than a technical term
2. Powers not explicitly legislative, executive, and judicial: An
administrative power has been said to be any power not explicitly
allocated in the Constitution, although in its nature, legislative,
executive, or judicial.
3. Powers involve exercise of judgment and discretion: Regulatory and
control powers of an administrative agency are frequently described as
"administrative" though judicial in nature. The power of an
administrative agency to make rules for the future is administrative,
although legislative in nature, and the application of the law or such
rules in particular cases is executive or administrative in nature
F. POWERS OF AAs CLASSIFIED:
1. As to nature:
1. Investigatory:
1. Scope: include the power of an administrative body to inspect
the records and premises, and investigate the activities of
persons or entities coming under its jurisdiction,' or to secure,
or to require the disclosure of information by means of
accounts, records, reports, statements, testimony of witnesses,
production of documents, or otherwise
2. Some agencies act merely as investigatory of advisory bodies:
Solely to secure and provide information or make
recommendations
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 3. As aid to other powers: use such investigative powers to
inform themselves of particular situations to determine
whether they should take further action, in the execution of
particular powers or duties, such as the determination or
adjudication of a particular matter (pwede gamitin investigatory
powers in rule-making or quasi-judicial functions)
4. Test to determine whether merely investigatory or exercises
judicial functions: if the only purpose for investigation is to
evaluate evidence submitted before it based on the facts and
circumstances presented to it, and if the agency is not
authorized to make a final pronouncement affecting the parties,
then there is an absence of judicial discretion and judgment
(example is the Integrity Board or its successor, Presidential
Complaints and Action Commission which was found to
exercise merely investigatory functions since no power to
adjudicate upon rights and obligations of parties before it)
5. Scope and extent: exercised within the limits prescribed and
bear a reasonable and legitimate relationship to the general
powers granted
1. Initiation of investigation: An AA may initiate an
investigation on a complaint or on its own motion.
2. Conduct of investigation: Investigations are usually, and
may properly be held in private.
3. Inspection and examination: May be granted the power, for
specific purposes, to enter premises and inspect or
examine such premises or things or operations therein,
particularly books and records.
1. Fact-finding quasi-judicial body: LTO, meron siyang
mga field agents and inspectors
4. Accounts, records, report, statements: Some agencies are
granted to have access to, for the purpose of examination,
and the right to copy, any documentary evidence of any
person being investigated or proceeded against."
5. Power to require attendance of witness, or put them under
oath may be granted to AAs even for purposes not quasi-
judicial
6. Hearing: Not necessary part of an investigation by an AA
(di implied sa power of investigation)
7. Contempt: An administrative body, however, cannot
exercise its power to punish a person for contempt17 in the
ADMIN LAW | OSTREA
absence of any statutory grant, for such power is inherently
judicial in nature.
8. Not required to follow technical rules of procedure and
evidence:
9. Right to counsel not imperative in administrative
investigations because inquiries are conducted merely to
determine whether there are facts that merit disciplinary
measure against erring public officers and employees, with
the purpose of maintaining the dignity of government
service. Exclusionary rule under Section 12(3) of the Bill of
Rights applies only to admissions made in a criminal
investigation but not to those made in an administrative
investigation
10. Importance of Administrative investigations: Investigations
are useful for all administrative functions, not only for rule-
making, adjudication, and licensing, but also for
prosecuting, for supervising and directing, for determining
general policy, for recommending legislation.
2. Quasi-legislative or rule-making powers: power to make
implementing or interpretative rules or regulations
1. Definition: Rule making is defined as the agency process of
formulating, amending, or repealing a rule
2. Nature: To make rules and regulations. It necessarily includes
the power to amend, revise, alter, or repeal its rules and
regulations
3. Necessity: because of the impracticability of the lawmakers
providing general regulations for various and varying details of
management. In order to adapt to the increasing complexity of
modern life and variety of public functions. As subjects for
government regulation multiply, so does the difficulty of
administering laws. Hence, specialization even in legislation
has become necessary
4. Conditions: It is an exception to the rule on non-delegation of
legislative power
1. Completeness test: The statute is complete in itself, setting
forth the policy to be executed by the agency
2. Sufficiency of standards test: Said statute fixes a standard,
mapping out the boundaries of the agency's authority to
which it must conform
3. Due process and equal protection considerations
4. Notice by way of publication and public hearing
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 5. Statutory requirements
6. Reasonableness
5. Binding force: Has the force and effect of law and binding on
the agency and all those dealing with such agency.
1. A regulation not adopted pursuant to law is no law and has
no effect of law
6. Prospective/retroactive application: Principle that a statute
operates prospectively only and not retroactively, unless the
legislative intent to the contrary is made manifest either by
express terms of the statute or by necessary implication
applies also to AA rules
7. Limitations:
1. Not make rules and regulations inconsistent with
Constitution, statutes especially the law which created it, or
which are in derogation or, or defeat the purpose of a
statute
2. It may not, by its rules and regulations, amend, alter, modify,
supplant, enlarge or expand, restrict or limit the provisions
or coverage of the statute as this power belongs to the
legislature
3. Basic law > rule or regulation implementing it
4. Must not be unfair or oppressive, partial or discriminatory,
not prohibit but may regulate trade, not unreasonable
8. Rules and regulations of an administrative body or officer
usually comprise those actions of such body or officer in which
the legislative element predominates in that they establish a
pattern of conduct thereafter to be followed. On the other hand,
some administrative regulations constitute nothing more than
administrative opinions as to what a statute under construction
means. Thus, regulations may be used in the sense of “rules” or
only in the sense of “interpretative regulations”
1. Rules and regulations as distinguished from orders or
determinations
1. Orders/determination: actions in which there is more of
the judicial function and which deal with a particular
present situation
2. Rules or regulations: actions in which the legislative
element predominates
9. Kinds of rule-making powers:
1. Supplementary or detailed legislation: rule-making by
reason of particular delegation of authority;
ADMIN LAW | OSTREA
1. Administrative rules may describe the general
discretionary policies to be followed by the agency. For
example, an agency given broad discretionary powers
in respect to the granting of licenses may formulate a
statement of the conditions to be met in order to obtain
license
2. Characteristics:
1. The statute has delegated power to the agency to
adopt the rule; and
2. It provides that the rule shall, if within the delegated
power, have authoritative force
2. Interpretative: rule-making by the construction and
interpretation of a statute being administered
1. test: Correctness
2. those which purport to do no more than interpret the
statute being administered, to say what it means.
3. It is performing a judicial function rather than a
legislative function.
4. Interpretative regulations (in the absence of ratification
by the legislature) have validity in judicial proceedings
only to the extent that they correctly construe the
statute.
5. Administrative interpretation of laws entrusted to them
is entitled to great weight and respect but not
conclusive to the courts (advisory at best) [Example:
interpretation of Sec. of Finance of the word
“industries”]
6. Distinguished from legislative:
Legislative Interpretative
May embody a new law Clarify or provide guidelines
Expressly granted May be implied
Have behind them no statutory sanction
Valid rules have the same force as valid At best merely advisory, but given great
statutes; always subject to judicial weight
determination that they are erroneous
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No vested right can be acquired on a wrong construction of the law by
administrative officials and such wrong interpretation does not place the
government in estoppel to correct or overrule the same.
3. Contingent legislation or determination: under delegated
power, whether a statute shall go into effect.
1. Congress may provide that a law (given the apt
name "contingent legislation") shall take effect
upon the happening of future specified
contingencies leaving to some other person or
body the power to determine when the specified
contingency has arisen.
2. Power to ascertain facts which are the basis of the
law taking effects
4. Presidential Ordinance Power
1. EOs: Rules of a general or permanent character
2. MOs /AOs: matters of subordinate or temporary
interest
3. Proclamations/Memo Circulars: relate to particular
aspects of government operations
4. Fixing a date or declaring a status or condition
5. Matters relating to internal administration
Administative circulars Administrative Orders
Prescribe policies, rules and Directed (internally) to particular
regulations and procedures offices, officials or employees,
concerning matters such as
assignments, office detail or
transfer
Apply to individuals and For observance and compliance
organizations outside government
Supplement the law or provide
means for carrying them out.
5. Procedural rules
1. Mere tools aimed at facilitating the attainment of
justice. Strict compliance with them is not required in
administrative cases. However, this liberality is subject
to limitation imposed by the requirements of
administrative due process.
6. Validity of administrative rules and regulations
ADMIN LAW | OSTREA
1. Must have been issued on the authority of law
2. Must not be contrary to law and Constitution
3. Must be promulgated in accordance with the
prescribed procedure;
4. Must be reasonable
5. Prior notice in hearing (in some cases)
7. Internal Rules and Regulations
8. Administrative Rules and Regulations with Penal
Provisions
1. Law which authorizes the promulgation of such rules
must itself provide for imposition of penalty for
violation
2. It must fix or define such penalty
3. The violation for which the rules and regulations
impose a penalty must be punishable or made a crime
under the law itself
4. The rules and regulations must be published int he
Official Gazette
9. Whether the rules, regulations, rulings can operate or shall
operate retroactively depends on the provisions of the
authorizing statutes.
3. Determinative/Quasi-judicial or adjudicatory: Power to hear
and determine or ascertain facts and apply the rule of law to the
ascertained facts
1. Primarily administrative: where the function of the agency is
primarily administrative and the power to hear and determine
controversies is granted as an incident to the administrative
duty, the power is administrative, or at least it is properly
exercisable by administrative agencies. (adjudicate incidental
to purpose of regulation; ie. CT Torres: HLURB’s capacity to
adjudicate cases involving SP pursuant to its exclusive authority
to regulate real estate trade and business)
2. Primarily judicial: Where the duty is primarily to decide
questions of legal rights between private parties with respect
to the matter in controversy, such decision being the primary
object and not merely incidental to regulation or some other
administrative function, the question raised is judicial involving
the exercise of judicial function.
3. EXTENT:
1. Jurisdiction limited: because the need for special
competence and experience has been recognized as
14 of 24
 essential in the resolution of questions of complex or 4. Summary: Those that apply compulsion or force
specialized character and because of the companion against a person or property to effectuate a legal
recognition that the dockets of our regular courts have purpose without a judicial warrant to authorize such
remained crowded and clogged. action (e.g., abatement of nuisance, summary restraint
2. Extent depends largely on enabling act: The grant of or levy of property of delinquent taxpayers)
original jurisdiction on a quasi-judicial agency is not 5. Equitable: To determine the law upon a particular state
implied. of facts. Sometimes, statutes expressly confer upon
3. Split jurisdiction not favored: when an administrative administrative agencies certain powers equitable in
body or agency is conferred quasi-judicial functions, all their nature, such as power to appoint a receiver or
controversies relating to the subject matter pertaining power to issue "injunctions"
to its specialization are deemed to be included within
Quasi-Judicial Investigative Quasi-Legislative
its jurisdiction.
1. Example: a complaint for specific performance and adjudge, arbitrate, judge, “Investigate” commonly
annulment of mortgage and damages filed by a decide, determine, resolve, understood, means to
buyer of subdivision lots against the mortgagee, rule on, settle. examine, explore, inquire or
though involving title to, possession of, or interest delve or probe into, research
in, real estate was held well within the jurisdiction on, study.
of the Housing and Land Use Regulatory Board
part of the administrative a part of the administrative
(HLURB) process that resembles a process that resembles a
4. Grant of particular power must be found in the law court's decision of a case. legislature's enactment of
itself: statutes.
5. General policy of the courts to sustain the decision of
administrative authorities not only on the basis of the present or past facts and looks to the future and
doctrine of separation of powers but also for their under laws supposed to exist changes existing conditions
by making a new rule to be
presumed knowledgeability and even expertise in the
applied thereafter to all or
laws they are entrusted to enforce. some part of those subject
1. UNLESS there is GADALEJ thereto.
4. Classification:
1. Enabling: Licensing—PERMITS the doing of an act applies to named persons or apply to or affect classes of
which the law undertakes to regulate and which would to specific situations persons or situations.
be unlawful without gov’t approval
Requires due process General rule: Prior notice
2. Directing: Involves the correcting powers of a public and hearing not essential
utility board or equivalent; powers of assessment
under revenue laws, reparations under public utility
laws, and awards under workmen's compensation 2. As to degree of subjective choice
laws, and powers of abstract determination such as 1. Discretionary: power or right conferred upon them by law of acting
definition-valuation, classification, and fact finding; officially under certain circumstances, according to the dictates of
3. Dispensing: The authority to exempt from or relax a their own judgment and conscience, and not controlled by the
general prohibition, or authority to relieve from an judgment or conscience of others.
affirmative duty 2. Ministerial: one performed in response to a duty which has been
positively imposed by law and its performance required at a time
and in a manner or upon conditions specifically designated, the
ADMIN LAW | OSTREA 15 of 24
 duty to perform under the conditions specified not being dependent
upon the officer's judgment or discretion.
1. Ascertainment of facts or conditions upon which the existence
of a duty arises, does not convert a ministerial act into a
discretionary one
G. VOID FOR VAGUENESS DOCTRINE:
• It is a statute that fails to give a person of ordinary intelligence fair notice
that his contemplated conduct is forbidden
• Places a person in jeopardy of an offense without fair warning.
• It is so indefinite that it encourages arbitrary and erratic arrests.
• When is it vague:
1. It violates due process
2. It lacks comprehensible standards that “men of common
intelligence must necessarily guess as to its meaning and differ in
its application
3. It leaves law enforces unbridled discretion to carry out its
provisions
4. It must be “utterly vague” in that it cannot be clarified by saving
clause or construction.
SKIPPED CHAPTER 4
CHAPTER 5: ADMINISTRATIVE PROCEEDINGS
A. GENERALLY: Discussions herein concerned principally with adjudicatory or
determinative powers of AAs
• A duty imposed upon an AA which requires a quasi-judicial proceeding as a
requisite of action is widely different from ordinary executive action. It is a duty
which carries fundamental procedural requirements
• Administrative proceeding is at end when appeal has been taken to court
• It is merged in the decree of the court when the agency procured a judicial decree
enforcing its order
B. CHARACTER OF PROCEEDINGS
1. Adversary in nature: this is because the primary purpose of the agency is to
protect the public interests
2. Quasi-judicial or judicial in nature: Proceedings partake the nature of judicial
proceedings if it involves a) the taking and evaluation of evidence, b)
determination of facts based upon evidence presented, and c) rendering an
order or decision supported by the facts proved.
3. Civil, nor criminal, in nature: Civil in nature even though the charge before the
agency is based upon a violation of penal law. In such cases, fairness may
require observance to salutary purposes behind certain rules of criminal
ADMIN LAW | OSTREA
procedure. Administrative proceedings are not exempt from basic fundamental
procedural principles such as due process in investigations and hearings.
4. Not a litigation between private parties, but a public proceeding looking at public
ends
C. JURISDICTION
• Jurisdiction is the power to hear and decide a case. It consists of two elements:
JOTSM and JOP
• Without jurisdiction, AAs acts are void and open to collateral attack
• An AA’s jurisdiction and power are those 1) expressly provided and 2) necessarily
implied by law
• When an AA acts in a spirit of hostility and unfairness, its decision will be set
aside regardless of having jurisdiction over the case.
• The source of jurisdiction is the Constitution or enabling statute
• Waiver/estoppel: An administrative agency cannot enlarge its own jurisdiction nor
can it be conferred jurisdiction by the parties before it. However, active
participation of a party in a case pending against him before a court or quasi-
judicial body, is tantamount to a recognition of that court or body’s jurisdiction and
his willingness to abide by the resolution of the case, and will bar him from
impugning its jurisdiction
• When a particular statute authorizes an AA to act in a particular situation, it
confers upon such agency the authority to determine whether such situation
exists as to warrant it to act. However, this determination as to jurisdiction is not
conclusive upon courts.
• Expiration of a law may be held not to deprive an AA of jurisdiction to enforce the
statute as to liabilities incurred while the law is in force, where a general saving
statute continues such liabilities. If no saving clause, repeal of a statute while
proceedings are pending and prior to the filing of an order, may remove any
support in law for such order
• Doctrine of primary jurisdiction: If the case if such that its determination requires
the expertise, specialized skills and knowledge of the proper administrative bodies
because technical matter are involved, then relief must first be obtained in an
admin proceeding before a remedy will be supplied by courts even though such
matter is within the proper jurisdiction of a court
D. PROCEDURE TO BE FOLLOWED
• Procedure may be prescribed in law creating the agency or in the rules
promulgated by the agency by authority of law
• Rules of Procedure governing proceedings before administrative bodies are to be
construed liberally to effect just, speedy, and inexpensive settlement and
disposition of disputes
• In proceedings before AAs, technical rules of procedure and evidence are not
binding. They are not bound by the rigid requirements of the rules of court (but
must still satisfy requirements under Ang Tibay)
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E. RULES ON ADJUDICATION UNDER ADMIN CODE
• See Book VII, Chapter 3, S10-16, Chapter 4 S19-26 of Administrative Code
F. CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS
• How settled: Book 4, Chapter 14 of Administrative Code
• Disputes involving questions of law: Submitted and settled by the SoJ. His ruling
shall be conclusive and binding on all parties concerned
• Disputes involving questions of fact and law or only facts:
• SolGen: if it involves departments, bureaus, offices and other agencies of the
National Government as well as GOCCs or entities of whim he is the principal
law officer or general counsel;
• SJ: In all other cases not under SolGen
• Appeal: Decision of SJ and decision of SolGen, when approved by SJ, shall be final
and binding upon parties. Appeals may be taken to the President where the
amount of the claim or value of property exceeds 1M. The decision is final
G. DUE PROCESS OF LAW IN ADMINISTRATIVE ADJUDICATION
1. Nature: Right to due process is constitutional, and must be observed In judicial
and administrative proceedings to every case which may deprive a person of
life, liberty, or property
2. Essence: Basic requirements of notice and real opportunity to be heard.
Technical rules of procedure and evidence are not strictly applied.
3. Standard: More flexible standard so that disputes before such bodies may be
resolved in the most expeditious and inexpensive manner possible
4. Requisites: Ang Tibay standards *see doctrine sheet*
5. May or may not be assisted by counsels irrespective of the nature of the
charges and of respondents capacity to represent himself. This is because the
inquiries conducted is merely to determine whether there are facts that merit
disciplinary measures against erring public officers and employees with the
purpose of maintaining the dignity of government service.
6. A decision without due process is void
H. INSTITUTION OF PROCEEDINGS
• Manner in which proceedings are instituted depends upon the purpose served by
the agency and the governing law or rules of the agency
1. Ex-parte application: Application for license, permit, approval, consent
2. Filing of complaint
3. Motu proprio
I. NECESSITY FOR NOTICE AND HEARING
1. Executive, Administrative or legislative matter: General rule is that notice and
hearing not essential for validity of administrative action
2. Judicial or quasi-judicial matter: If judicial or quasi-judicial, and its acts are
particular and immediate rather than general and prospective, entitled to notice
and hearing. Parties who choose not to avail of the opportunity to answer
ADMIN LAW | OSTREA
charges against them and to attend scheduled hearings, despite due notice,
cannot validly complain of denial of due process.
J. SUFFICIENCY OF NOTICE
K. WAIVER OF RIGHT TO NOTICE
• Failure to comply with the requirements as to notice and process may result in a
failure to acquire jurisdiction
• Since notice goes into JOP rather than JOTSM, the cases recognize that, generally,
the right to notice in an administrative proceeding may be waived
• Personal notice is not required where it is impossible to give such notice to all
parties who may be interested in the matter
L. DENIAL OF DUE PROCESS MAY BE CURED
• What the law prohibits is not the absence of previous notice, but absolute
absence thereof and lack of opportunity to be heard
• Administrative agencies are not bound by rigid rules of procedure or technicalities
• Motion for reconsideration or appeal availed of within the AA is curative in
character on the issue of alleged denial of due process.
M. ELEMENTS OR ESSENTIALS OF RIGHT TO HEARING
• An administrative hearing, particularly of quasi-judicial nature, must be fair.
• Scope of the right to a full hearing
1. To present his case or defense, and submit evidence, oral or documentary,
in support thereof;
2. To know the claims of the opposing party and to meet them
3. To cross-examine witnesses for a full and true disclosure of facts
4. To submit rebuttal evidence
• Actual hearing is not always an indispensable aspect of due process, as well as
cross-examination
N. DUTY OF ADMINISTRATIVE BODY TO CONSIDER THE EVIDENCE PRESENTED
• Administrative agency must consider the evidence presented or at least
contained in the records of the case
1. Independent consideration of the case: The body or official must act on its own
or his own consideration of the law and the facts of the controversy, and not
simply accept the view of a subordinate
2. Clear as to issues involved and reasons for decision: Must render the decision
in such a manner that the parties to the proceeding can know the various issues
involved, and the reasons for the decision rendered.
O. INVESTIGATION AND HEARING DISTINGUISHED
• Investigation: May be held in private and are informal proceedings to obtain
information to govern future actions; have no parties; not proceedings
• Hearings: There are parties; issues of law and of fact; At the conclusion of the
hearing, action is taken which may affect the rights of the parties and parties are
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 entitled to be present in person and by counsel, participate in the hearing, and
entitled to be furnished a record in the proceedings.
P. REQUIREMENT OF NOTICE AND HEARING BY LAW AND REGULATION
1. Where provided by law: When a statute requires notice and hearing in reaching
an administrative determination, such requisites must be met or the
determination is invalid. An express requirement is not necessary
2. Where not provided by law: The question whether there is right to notice and
hearing is to be determined by the terms of the particular statute and the
relevant circumstances. Example, Courts have refused to read a hearing
requirement into a statute which does not specifically provide for a hearing in
matters involving mere privilege and not a property right.
3. Where provided by regulations: Even if a statute or due process of law does not
require notice and hearing in a particular administrative proceeding of
determinative nature, the regulations of the agency frequently so provide.
Q. CONSTITUTIONAL REQUIREMENT OF NOTICE AND HEARING
• Notice and hearing, as the fundamental requirements of procedural due process,
are essential only when an AA exercises its QJ function
• In the performance of its executive or legislative functions, such as issuing rules
and regulations, AA need not comply with the requirements of notice and hearing
(with exceptions)
R. PROCEEDINGS IN WHICH NO HEARING IS REQUIRED
• Depends upon the circumstance. It varies with the subject matter and necessities
of the situation:
1. Where the purpose of an administrative determination is to decide whether
a right or privilege which an applicant does not possess shall be granted to
him or withheld in the exercise of a discretion vested by statute, notice and
hearing is not necessary in the absence of an express or implied statutory
provision
2. If no personal or property rights are involved, but only a privilege, notice or
hearing may not be essential to due process
3. Where a rights is granted conditionally and subject to termination, it may be
withdrawn in accordance with the conditions subject to which it was
received, including the absence of any right to hearing
4. Nature of power exercised:
1. Legislative, executive, administrative, ministerial: Notice and hearing
not essential (with exceptions)
2. General rule: Judicial, quasi-judicial, or adjudicatory, or government
engaged in the dispatch of its own internal affairs, notice and hearing
essential
1. Exceptions:
1. Summary abatement of nuisance per se
ADMIN LAW | OSTREA
2. Summary proceedings of distraint and levy upon property of a
delinquent taxpayer for collection of internal revenue taxes,
fees, charges, increment thereto
3. Preventive suspension of public officer pending investigation
• In cases of summary action due to urgency, right to a hearing is
recognized after such event
5. Right to a hearing or right to particular elements of fair trial may be waived.
Thus, failure to attend a hearing, notice of which has been served on party,
effects forfeiture of this right.
S. APPLICABILITY OF RULES GOVERNING JUDICIAL PROCEEDINGS
• Although administrative agencies are, as a rule, unrestricted by the technical or
formal rules of procedure applicable to courts in the adjudication of cases, they
must still act within, and cannot exceed, their jurisdiction, nor entirely dispense
with the basic rules on proving allegations (Ang Tibay must be followed)
T. DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE
1. Allowed as practical necessity: while the power to decide resides solely in the
administrative agency vested by law, this does not preclude a delegation of the
power to other persons such as a hearing officer, examiner, or investigator, to
receive evidence hold a hearing, and make reports on the basis of which the
decision of the administrative agency will be made.
2. Essential that judgment and discretion are finally exercised by proper officer:
Rule that requires an administrative officer to exercise his own judgment and
discretion does not preclude him from utilizing, as a matter of practical
administrative procedure, the aid of subordinates.
3. Essential that due process requirements are observed: As long as a party is not
deprived of his right to present his own case and submit evidence in support
thereof, and the decision is supported by the evidence in the record
4. Essential that proper officer acts on his own independent judgment: The
officer who makes the determinations must personally consider and appraise
the evidence which justifies them.
U. EVIDENCE IN ADMINISTRATIVE PROCEEDINGS
1. Application of strict rules of evidence: not bound by the strict rules governing
the reception of evidence in court proceedings. The obvious purpose is to free
administrative bodies from the compulsion of applying technical rules so that
the mere admission of matter which would be deemed incompetent in judicial
proceedings would not invalidate the administrative determination
2. Essential rules of evidence: While quasi-judicial bodies are not bound by the
technical rules of procedure in the adjudication of cases, this procedure should
not be construed as a license to disregard certain evidentiary rules.
1. Among basic essential rules of evidence: giving of evidence under oath,
the principle that evidence must have probative value, the proper allocation
of the burden of proof, the degree of proof, the right to know the evidence
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 submitted or to be considered, to inspect documents, to cross- examine
witnesses, and to offer evidence in explanation or rebuttal.
3. Probative value: Substantial evidence; such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion even if other equally
reasonable minds might opine, otherwise
4. Hearsay rule: It is a basic rule of exclusion founded upon the necessity of an
opportunity for cross-examination, and the requirement that the substance of
the testimony be given under oath. Nevertheless, hearsay evidence is generally
held admissible in proceedings before administrative agencies, at least for
limited purposes, especially when not objected to
5. Admissions and declarations: Dying declarations, declarations of deceased
persons against their interest, and other admissions and declarations against
interest, have been held admissible in administrative proceedings, but self-
serving declarations are, as a general rule, excluded.
6. Evidence offered during hearing: All the parties in an administrative proceeding
must be fully or fairly appraised of the evidence submitted or to be considered.
The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected.
7. Agency files and records: Conflicting jurisprudence, but De Leon said that the
better rule is that an administrative agency may take notice of data on file or
results reached by it in other cases where such is made known and there is
adequate opportunity for rebuttal.
8. Secret or confidential information: general rule that in adjudicatory proceedings
involving primarily the interests of private litigants, information cannot be
withheld from the parties on the ground that it is of confidential nature and at
the same time be used as a basis for decision by the administrative agency. But
there are cases which support that in some cases, a right to a hearing does not
include the right to know information which must be kept secret in the public
interest.
9. An administrative body may not require a degree of proof higher than
substantial evidence and the rules of administrative due process enunciated in
Ang Tibay
V. DECISIONS OR ORDERS
1. Necessity of findings: The right to adduce evidence, without the corresponding
duty on the part of the administrative agency to consider it, is vain.
2. Finality: general rule is that they become executory only after they have become
final and executory, execution pending appeal being an exception to this general
rule. A judgment becomes final and executory after the lapse of the
reglementary period of appeal if no appeal is perfected, or an appeal therefrom
having been taken the judgment in the appellate court becomes final.
W. WHERE ADMINISTRATIVE AGENCY IS A COLLEGIATE BODY
• powers and duties of an administrative agency or board composed of members or
commissioners may not be exercised by the individual members separately
ADMIN LAW | OSTREA
• Where the action needed is not of the individuals composing a board but of the
official body, the members must be together and act in their official capacity, and
the action should appear in the records of the Board.
X. POWER OF ADMINISTRATIVE AGENCIES TO MODIFY THEIR DECISIONS
1. Conditions: administrative determinations are subject to reconsideration and
changes so long as no rights have vested in the meantime by reason thereof,
and so long as they have not passed beyond the control of the administrative
authorities
2. Grounds: fraud of imposition, mistake, surprise, inadvertence, or newly
discovered evidence, or to meet the changed conditions, whether by reason of
express statutory provision granting the power of revision or by reason of
principles applied by courts.
Y. APPLICATION OF RES JUDICATA
• Doctrine of res judicata: a final judgment on the merits rendered by a court of
competent jurisdiction is conclusive as to the rights of the parties and their privies
and constitutes an absolute bar to subsequent action involving the same demand,
claim, or cause of action
• res judicata is applicable to determinations in the field of administrative law as
well as to courts whenever consistent with the purposes of the tribunal, board, or
officer.
• Adjudicatory, judicial, quasi-judicial: Doctrine applies
• Administarive, executive, legislative, ministerial: Doctrine has been held not
applicable
• Some statutes may limit or restrict the extent to which an administrative
determination may operate as res judicata.
• Only a valid and final judgment can be res judicata, and lack of jurisdiction either
of the person or of the subject matter precludes an administrative determination
from being res judicata.
Z. ADMINISTRATIVE APPEAL AND REVIEW
• Hierarchy of authorities:
• a review may be had within the administrative system itself of the action of
lower administrative authorities by their superiors or
• a particular administrative body is authorized to hear and decide appeals from,
and review the determinations of, certain other administrative bodies or officers
AA. ACTION BY ADMINISTRATIVE APPELLATE TRIBUNAL
• No disputing the authority of administrative superiors to reverse the findings of
their subordinates, this power must be exercised sparingly and only upon a clear
showing of error
• The review must not be whimsical or arbitrary or devoid of substantial basis.
• Reviewing officer must be other than officer whose decision is under review
• Doctrine of exhaustion of administrative remedies (See Chapter 6)
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CHAPTER 6: JUDICIAL REVIEW OF, OR RELIEF AGAINST,
ADMINISTRATIVE ACTIONS
A. CONCEPT OF JUDICIAL REVIEW
• Judicial review: Ordinarily available only for final administrative actions. Its
underlying purpose if to assure— on the petition of interested parties— by the
intervention of ordinary courts that administrative power is exercised according
to law
1. Accommodation of administrative process to the judicial system:
Administrative agencies have their source in necessity, to perform functions
which are beyond the capacity of the courts, and the role of the courts in regard
to administrative action is the accommodation of the administrative process to
the traditional judicial system and to reconcile democratic safeguards and
standards of fair play with the effective conduct of government.
2. Policy of the courts: It is the policy of the courts not to interfere with the actions
of government agencies entrusted with the regulation of activities coming under
their special knowledge and training or specific field of expertise unless there is
a clear showing of capricious and whimsical exercise of judgment or GADALEJ
3. Subject to well-settled exceptions, certiorari, prohibition, and mandamus do not
lie against the legislative and executive branches or the members thereof acting
in the exercise of their official functions (principle of separation of power)
B. PURPOSE OF JUDICIAL REVIEW
• Ensure that agencies do not go beyond their statutory or constitutional powers in
carrying out their tasks
• Agencies are to implement statutes, not amend nor ignore them
• Judicial review serves as important check on legality of action that agencies may
undertake, and important check on Congress as Congress’ power to delegate is
subject to Constitutional limitations.
C. RIGHT TO JUDICIAL REVIEW
1. Where right granted by statute: Where judicial review is provided in the statute,
the right of appeal to the courts is to be determined by looking at the statute, the
valid regulations promulgated pursuant to it, and proven administrative practice
1. where legislation provides for an appeal from decisions of certain
administrative bodies to the Court of Appeals, it means that such bodies are
co-equal with the Regional Trial Courts, in terms of role and stature, and
logically beyond the control of the latter
2. Where review not provided by statute: There is no inherent right to judicial
review of the action of an administrative agency. Appeal is of a statutory origin;
it is not a requirement of due process. The fact, however, that a statute does not
provide for judicial relief or review does not mean that there is no power or right
of relief or review in a proper case under the general powers and jurisdiction of
the courts.
ADMIN LAW | OSTREA
3. Where review precluded or restricted by statute: if an appeal is allowed, the
matters to be inquired into on appeal may, in the discretion of the legislature, be
limited.
1. Congress free to make an administrative determination final and immune
from judicial review where it gives the aggrieved party a right to elect in the
first place between administrative or judicial relief.
2. When Congress grants a right to resort to the courts by way of appeal, it
may restrict review to a single court, and it need not provide for appeal to
the Supreme Court.
3. Congress may place procedural conditions and restrictions upon the right to
judicial review.
4. Provisions that administrative decision or action shall be subject only to
administrative review or shall be final or conclusive have also been held to
preclude judicial review where no constitutional right was involved, and in
regard to a decision in the exercise of purely administrative or legislative
powers
5. no constitutional objection to making findings of fact conclusive if
supported by evidence
4. Where review a matter of constitutional necessity: Congress is without
authority to nullify rights conferred by the Constitution or to divest the courts of
the powers vested in them by the Constitution (remember definition of judicial
power)
5. Where administrative decision is final and executory: Rule of res judicata
applies also to judicial and quasi-judicial acts of administrative officers and
boards acting within their jurisdictions as to judgments of courts having general
jurisdiction
1. Requirements for res judiciata:
1. Final jugment or order
2. jurisdiction of the court (or agency) over the subject matter and the
parties; and
3. identity of parties, identity of subject matter, and identity of cause of
action.
6. Where administrative decisions declared final and unappealable by statute:
They are still subject to judicial review if they fail the test of arbitrariness
D. RULES GOVERNING APPEALS FROM JUDGMENT OF QUASI-JUDICIAL
AGENCIES
• For rules governing appeals, see page 370-374 of De Leon
E. ADMINISTRATIVE FINDINGS AND CONSTRUCTIONS GENERALLY CONCLUSIVE
1. Factual basis and sufficiency of evidence: reviewing court cannot re- examine or
weigh once more the factual basis and sufficiency of the evidence submitted
before the administrative body and substitute its own judgment for that of said
body or to receive additional evidence
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2. Courts ordinarily accord great weight and respect, even finality, to factual
findings of administrative tribunals. Occasionally however, courts may delve in
such matters for compelling reasons, such as
1. Fraud, mistake, illegality, imposition or collusion, or where the procedure
which led to the factual findings is irregular, or where palpable errors
committed, or GADALEJ, arbitrariness is manifest, gross misappreciation of
evidence, and conflict in the factual findings as to compel a contrary
conclusion
3. Administrative construction: same weight and respect is accorded on the
constructions given by an administrative agency to the law which it is entrusted
to enforce. Not necessarily binding upon courts, but can only set aside on proof
of lack of jurisdiction, gross abuse of discretion, fraud, or error of law
4. If the administrative findings of facts are not supported by substantial evidence,
the same are not binding on courts.
F. FINALITY OF ADMINISTRATIVE ACTION FOR PURPOSES OF REVIEW
1. Policy of courts: Courts reluctant to interfere with action of an AA prior to its
completion or finality. Absent a final order or decision, the power has not been
fully exercised, and there can usually be no irreparable harm
2. The mere informality of a decision does not prevent review if it is otherwise final.
Letters can constitute an appealable order or determination. Findings may
constitute reviewable “order”
3. Threatened or pending action: Judicial relief or review is often denied for lack of
finality where action of the administrative agency is only anticipated, even
though threatened, or where the action is still pending without final disposition.
4. Action requiring approval by superior: An order required to be submitted to a
superior for approval is not final for purposes of review. However, the fact that
the grant of relief might have to be submitted for approval does not detract from
the finality of an order denying relief
5. Purely administrative matters: purely administrative and discretionary functions
may not be interfered with by the courts. In general, courts have no supervising
power over the proceedings and actions of the administrative departments of
the government. This is generally true with respect to acts involving the exercise
of discretion UNLESS beyond authority or arbitrary
6. Preliminary, procedural, interlocutory: Appeal to courts will not lie from an
interlocutory order unless such order affects the merits.But certiorari is available
against administrative agencies exercising QJ functions, whether the order is
interlocutory or not where due process was not followed
1. Exceptions:
1. to an interlocutory order affecting the merits of a controversy;
2. to grant relief to preserve the status quo pending further action by the
administrative agency;
3. when it is essential to the protection of the rights asserted from the
injury threatened;
ADMIN LAW | OSTREA
4. where an administrative officer assumes to act in violation of the
Constitution and other laws;
5. Where such order is not reviewable in any other way and the
complainant will suffer great and obvious damage if the order is carried
out; and
6. to an order made in excess of power, contrary to specific prohibition in
the statute governing the agency and thus operating as a deprivation of
a right assured by the statute.
7. If provided under the statute
G. TIMING OF APPLICATION TO COURTS
1. Doctrine of primary jurisdiction: whether initial action should be taken by a court
or by an administrative agency.
2. Doctrine of exhaustion of administrative remedies: to control the timing of
judicial relief from adjudicative action of an agency. It is customarily applied to
adjudication and not to rule-making.
3. Doctrine of ripeness for review: In essence, the same as that of exhaustion of
administrative remedies, except that it applies to rule making and to
administrative action
H. DOCTRINE OF PRIMARY JURISDICTION
• Doctrine of prior resort, or exclusive administrative jurisdiction, or preliminary resort
• “Courts cannot and will not determine a controversy involving a question which is
within the jurisdiction of an administrative tribunal, especially where the question
demands the exercise of sound administrative discretion requiring the special
knowledge, experience and services of the tribunal to determine technical and
intricate matters of fact and where a uniformity of ruling is essential to comply with
the purposes of the regulatory statute administered.”
• Applies in AA exercising QJ or adjudicatory functions, not rule-making
• This doctrine applies although no Prejudicial question is involved
• Judicial process suspended pending referral of such issues to administrative body
for its view, not dismissal of the case before the court. Courts may dismiss the
case without prejudice if the parties would not be unfairly disadvantaged.
• Exclusive jurisdiction may be explicit or implicit: The statute, implicitly or
explicitly, may give the agency exclusive jurisdiction to make initial determination,
and it may give a particular court exclusive jurisdiction to review the administrative
action in a designated way and at a designated time. A mere grant of power to an
administrative agency probably carries with it the implicit idea that the agency has
exclusive jurisdiction to make the initial determination
I. APPLICATION OF THE DOCTRINE
• Whether or not the requirement of prior resort should be imposed is said to
depend on the court’s determination whether Congress intended the issues to be
left to the administrative agency for initial determination
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• Where an affirmative indication of legislative intent does not clearly appear, courts
are free to determine on basis of policy considerations the need of prior resort to
administrative determination
• However, prior resort should be limited to questions of fact and those requiring
skills of administrative specialist. Questions of law may be determined in the first
instance by courts.
• Doctrine is clearly applicable whenever courts and AAs have concurrent
jurisdiction
J. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
• Requires that where a remedy within an administrative agency is provided or
available against the action of an administrative board, body, or officer, and can still
be resorted to by giving the said agency every opportunity to decide correctly a
given matter that comes within its jurisdiction, relief must be first sought by availing
this remedy before bringing an action in or elevating it to the courts of justice for
review.
• Premature invocation of court’s intervention is fatal to one's cause of action.
Absent any finding of waiver or estoppel, the complaint is susceptible of dismissal
for lack of cause of action
K. LEGAL AND PRACTICAL REASONS FOR THE DOCTRINE
1. Orderly procedure
2. Avoidance of interference with functions of the AA by withholding judicial action
until the administrative process has run its course
3. Lesser expenses and speedier disposition of controversies
4. Comity arising from separation of powers
L. APPLICATION OF THE DOCTRINE
• Applies only to judicial review of decisions in the exercise of QJ functions
• Authorities are not in accord whether the application of the doctrines lies in the
court’s discretion or goes into its jurisdictions, so does not permit discretion
• Exhaustion must be raised at the earliest time possible, even before filing the
answer to the complaint or pleading asserting a claim by a motion to dismiss.
Failure to invoke at proper time operates as waiver
M. INSTANCES WHERE DOCTRINE HAS BEEN APPLIED
N. EXCEPTIONS TO DOCTRINE
1. Where by the terms of the statute authorizing an administrative remedy, such
remedy is permissive or where the administrative remedy is not exclusive but
merely cumulative or concurrent to a judicial remedy, or there is grave doubt as
to the availability of the administrative remedy
2. Where the issue involves not a question of fact, but one of pure law
3. Where the issue raised is the constitutionality of the statute under which the
administrative agency acts, or providing the administrative remedy
4. Where questions involved are essentially judicial
ADMIN LAW | OSTREA
5. Where there is estoppel on the part of the party invoking the doctrine,"' or where
the administrative body is in estoppel to invoke the doctrine
6. If it should appear that an irreparable damage or injury will be suffered by a party
unless resort to the court is immediately made.
7. Special circumstances, where there are no other plain, speedy, or adequate
remedy in the ordinary course of law
8. Where respondent officer acted in utter disregard of due process
9. Where insistence on its observance would result in the nullification of the claim
being asserted
10. When there is long continued and unreasonable delay or official inaction that will
unretrievably prejudice the complainant
11. Special reasons or circumstances demanding immediate judicial intervention
12. Where amount is relatively small so that to require exhaustion would be
oppressive and unreasonable
13. When no administrative review is provided as condition precedent to taking the
action in court
14. In land cases, where and subject of litigation is not part of public domain
15. Where the respondent is a Department Secretary whose acts, as an alter ego of
the President, bear the implied or assumed approval of the latter, unless actually
disapproved by him (Doctrine of qualified political agency)
16. Where administrative officer has not rendered any decision, or made any final
finding
17. Where plaintiff in the civil action for damages has no administrative remedy
available to him
18. Strong public interest
19. Other cases- controverted act is patently illegal, or was performed without or in
excess of jurisdiction, or where there is no due process observed, or the
protestant has no other recourse, requiring exhaustion would be unreasonable,
when issue of non-exhaustion rendered moot, etc.
O. EXHAUSTION DOCTRINE AND PRIMARY JURISDICTION DOCTRINE
DISTINGUISHED
Exhaustion doctrine Doctrine of primary jurisdiction
invoked as a defense to judicial review arise where both the court and
of an administrative action not as yet administrative agency have jurisdiction
deemed complete to pass on a question which in a
particular case is presented to the court
as an original matter, rather than a
matter of review
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applies where the claim or matter is
cognizable in the first instance by an
administrative agency alone. In such
case, judicial interference is withheld
until the administrative process has run
its course
not applicable where the issue is purely
legal, and where a party has a right of
election between administrative and
judicial remedy
Does not apply where the issue involves purely question of law there being no
question of fact or question requiring expert judgment
P. RELATION BETWEEN EXHAUSTION DOCTRINE AND DUE PROCESS
Exhaustion doctrine
Applies when the ruling court or tribunal
is not given the opportunity to re-
examine its findings and conclusions
because of an available opportunity
that a party seeking recourse against
the court or the tribunal's ruling omitted
to take.
applied in the face of statutes
purporting to permit a choice of
remedies.
Due process
a violation occurs when a court or
tribunal rules against a party without
giving him or her the opportunity to be
heard
by a party who is immediately confronted with the problem of complying or
violating
4. A debilitating legal uncertainty by reason of which private parties may be injured
seriously enough
5. When the plaintiff is, in fact, substantially harmed by the vagueness of a statute
6. Informal administrative action, where no administrative remedy is available and
the party affected is immediately confronted with the choice between
compliance and non-compliance, and violation of the instruction is a criminal
offense.
7. test still is whether substantial injury to the plaintiff is present or imminent
8. courts should recognize a judicial discretion to decide the issue of legality in
special circumstances.
S. RIPENESS DOCTRINE AND EXHAUSTION DOCTRINE DISTINGUISHED
Exhaustion doctrine Ripeness
Focus on the relatively narrow question Focus is upon the nature of the judicial
of whether a party should be required to process
pursue and administrative remedy
before going to court
Customarily applied to adjudicative Applied to rule-making and
action administrative action not involving rule-
making and adjudiation

based on the perspective of the ruling considered from the point of view of the Concerned with timing of judicial review of administrative action
court or tribunal litigating party against whom a ruling
was made

Gives “opportunity” T. R I P E N E S S D O CT R I N E A N D P R I M A RY J U R I S D I CT I O N D O CT R I N E
DISTINGUISHED

Q. DOCTRINE OF RIPENESS FOR JUDICIAL REVIEW Primary jurisdiction Ripeness

• determines the point at which courts may review administrative action (just like
exhaustion) Determines whether the court or
• judicial machinery should be conserved for problems which are real and present or agency should make the initial decision
imminent, and should not be squandered on problems which are future, imaginary arise only when administrative and Questions of ripeness and exhaustion
or remote judicial jurisdictions are concurrent for may arise whenever judicial review of
the initial decision of some questions. administrative action is available.
R. APPLICATION OF DOCTRINE
1. when interests of. the plaintiff are, in fact subjected to or imminently threatened Function is to determine which tribunal question is whether the court will refuse
with substantial injury. shall make the initial determination and to act at all
2. A statute may be ripe for constitutional challenge in advance of official action, if not which shall make the final
determination
the statute is self-executing, that is, if the mere existence of the statute on the
books without enforcement, in fact, causes substantial injury to plaintiff. Determine at what stage a party may secure judicial review of administrative
3. A statute or regulation which is enforceable through criminal prosecution should action
be subject to challenge in a suit for injunction or declaratory judgment brought
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U. SCOPE AND EXTENT OF JUDICIAL REVIEW
• General proposition: courts cannot or will not disturb the action of an
administrative agency which is within its jurisdiction or not beyond its powers or
authority, and which is not contrary to law or which has a reasonable basis, and is
not arbitrary or capricious, or an abuse of discretion, and, as to findings of fact,
regardless of whether or not they are consistent with the preponderance of
evidence so long as there is some evidence upon which the findings could be
made
1. Determination of law: Fully reviewable; administrative determination of
questions of law is persuasive and has strong presumption of correctness.
However, interpretation and application still court’s prerogative
2. Determination of facts: Limited to finding of existence of substantial evidence.
However, a conflict between factual finding of appellate administrative tribunal
and quasi-judicial office will necessitate review of such findings and records to
determine which conclusions are more conformable to evidentiary facts.
3. Mixed questions of law and fact: An administrative finding on a mixed question
of fact and law is subject to judicial review, on which the court may substitute its
judgment for that of the administrative agency. Where there is a mixed question
of law and fact and the court cannot separate the elements to see clearly what
and where the mistake of law is, such question is treated as a question of fact
for purposes of review and the courts will not ordinarily review the decision of
the administrative tribunal.
1. If jurisdictional or constitutional facts: Subject to judicial review
4. Discretionary determinations: Reviewable only to ascertain whether the action
was arbitrary
• Decisions of AA are reviewable and reversible for mistake of law or erroneous
view of the law
• Courts will not inquire into motives except fraud, malice, or intentional wrongdoing
• The determination of an administrative agency as to the operation,
implementation and application of law which it is entrusted to enforce is accorded
great weight. It is presumed legal and correct
V. JUDICIAL REVIEW DOES NOT IMPORT TRIAL DE NOVO
• Judicial review of executive or administrative decisions does not import a trial de
novo {i.e., a review of the evidence all over again) but only an ascertainment of
whether the administrative findings are not in violation of the Constitution or of the
laws and are free from fraud or imposition, and whether they find reasonable
support in evidence.
W. METHODS OR MODES OF RELIEF OR REVIEW
1. Direct or collateral
2. Statutory or non-statutory
X. STATUTORY METHODS OF REVIEW
ADMIN LAW | OSTREA
Y. NON-STATUTORY METHODS OF REVIEW
• The fact that a statute does not provide for judicial review of action of an
administrative agency does not preclude the courts from providing such as is
necessary or required.’
• In the absence of a statutory provision for review, relief may be had in appropriate
cases by means of the common law or prerogative writs such as certiorari,
mandamus, habeas corpus, quo warranto, and prohibition.
Z. RELATION BETWEEN THE TWO METHODS
• Where a statute relating to the administrative agency provides a direct method of
judicial review of agency action and is applicable, such method of review may be
regarded as exclusive and to preclude the use of any other or non-statutory
method.
• Some cases hold, not that the statutory method of review is exclusive, but that it
must be exhausted as a prerequisite to judicial relief by some other methods.
AA.QUESTIONS OPEN TO REVIEW
BB.GROUNDS WHICH WOULD WARRANT REVERSAL OF ADMINISTRATIVE
FINDINGS
1. The conclusion is a finding grounded on speculations, surmises and
conjectures;
2. The inferences made are manifestly mistaken, absurd, or impossible;
3. There is a grave abuse of discretion;
4. The judgment is based on misapprehension of facts or the findings of facts are
conflicting;
5. The agency (or the Court of Appeals) overlooked certain facts of substance and
value which if considered would affect the result of the case or justify a different
conclusion;
6. The findings are conclusions without citation of specific evidence on which they
are based;
7. The findings of facts are premised on the supposed absence of evidence and
contradicted by the evidence on record;
CC.LIABILITY OF ADMINISTRATIVE AGENCIES AND OFFICERS
1. General rule: Judicial immunity from suit extends to government officials in
respect to their acts of discretionary, judicial, or quasi-judicial nature
2. Except:
1. Erroneous action, taken without hearing, results in positive injury to a person
and there is no other redress than by an action against the officer
2. Acting without jurisdiction, regardless of good faith
3. Dishonesty, bad faith, malice
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