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Nachura_Notes_Admin
Nachura_Notes_Admin
I. GENERAL PRINCIPLES
Administration
1. as a Function – the execution, in non-judicial matters, of the law or will of the State as expressed
by competent authority
2. as an Organization – group or aggregate of persons in whose hand the reins of government are for
the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
Quasi-Legislative Power
Exercise of delegated legislative power
Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant to powers delegated
to them have the force and effect of law
o They are binding on all persons subject to them
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NACHURA NOTES – ADMINISTRATIVE LAW
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NACHURA NOTES – ADMINISTRATIVE LAW
Where the rules and rates are meant to apply to ALL enterprises of a given kind
throughout the country, they may partake of a legislative character
Adjudicative Function: prior notice and hearing are essential to the validity
Where the rules and rates are meant to apply exclusively to a particular party,
then its function is quasi-judicial in character
• Where hearing is indispensable, it does not preclude the Board from ordering, ex-parte, a
provisional increase subject to its final disposition of whether or not to make it permanent, to
reduce or increase it further or to deny the application. (Maceda vs. Energy Regulatory Board)
Determinative Powers
1. Directing
Power of assessment of BIR and Customs
2. Enabling
Permit or to allow something which the law undertakes to regulate
3. Dispensing
To exempt from a general prohibition OR
Relieve individual or corporation from an affirmative duty
4. Examining
Investigatory power
1. production of books, papers, etc.
2. attendance of witnesses
3. compelling their testimony
Power to compel attendance of witnesses not inherent in administrative body
But an administrative officer authorized to take testimony or evidence is deemed
authorized to administer oath, summon witnesses, require production of
documents, etc.
Power to punish contempt must be expressly granted to the administrative body;
when granted, may be exercised only when administrative body is actually
performing quasi-judicial functions
5. Summary
Power to apply compulsion or force against persons or property to effectuate a
legal purpose without a judicial warrant to authorize such action
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NACHURA NOTES – ADMINISTRATIVE LAW
Administrative Determinations where Notice and Hearing are NOT necessary for due process
1. grant of provisional authority for increased rates or to engage in a particular line of business
2. summary proceedings of distraint and levy upon the property of a delinquent taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which affects the immediate safety of persons/property
5. preventive suspension of a public officer/employee pending investigation of administrative charges
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NACHURA NOTES – ADMINISTRATIVE LAW
- LLDA: regulatory and quasi-judicial power in respect to pollution cases and matters affecting the
construction of illegal fishpens, fish cages and other aqua-structures in Laguna de Bay; may issue
cease and desist orders
- DECS Regional Director: return to work order; administrative charges; constitute an investigating
panel
- Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices
- Department of Energy: electric power
- Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners association
Doctrine
- Whenever there is an available administrative remedy provided by law, no judicial recourse can be
made until all such remedies have been availed of and exhausted.
Reasons
1. if relief is first sought from a superior administrative agency, resort to courts may be unnecessary
2. administrative agency should be given a chance to correct its error
3. principles of comity and convenience
4. judicial review of administrative decisions is usually made through special civil actins, which will not
normally prosper if there is another plain, speedy and adequate remedy in the ordinary course of
law
Corollary Principle
1. Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction
No Where there is competence or jurisdiction vested upon an administrative body to act upon a
matter, no resort to the courts may be made before such administrative body shall have acted
upon the matter.
Conversion of subdivision lots HLURB
Enforcement of forestry laws DENR
Issuing license to radio stations NTC
Disputes arising from construction contracts Construction Industry Arbitrary Commission
Agricultural lands under the coverage of CARP DAR
Effluents of a particular industrial establishment Pollution Adjudication Board
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NACHURA NOTES – ADMINISTRATIVE LAW
Exceptions
1. Doctrine of Qualified Political Agency (alter ego doctrine)
2. Administrative remedy is fruitless
3. Estoppel on the part of the Administrative Agency
4. Issue involved is purely a legal question
5. Administrative action is patently illegal
6. Unreasonable delay or official inaction
7. Irreparable injury or threat, unless judicial recourse is immediately made
8. Land cases, where subject matter is private land
9. Law does not make exhaustion a condition precedent to judicial recourse
10. Observance of the doctrine will result in the nullification of the claim
11. Special reasons or circumstances demanding immediate court action
12. Due process of law is clearly violated
13. Rules does not provide a plain, speedy and adequate remedy
Rule
Judicial review may be granted or withheld as Congress chooses
Except: when Constitution requires or allows it
Judicial review of administrative decisions cannot be denied the courts when there is an allegation
of grave abuse of discretion.
General Principles
underlying power in the Courts to scrutinize the acts of administrative agencies on questions of law
and jurisdiction although no right of review is given by statute.
Keep administrative agencies within its jurisdiction.
Protect substantial rights of parties affected by the decisions.
Part of system of checks and balances which restricts the separation of power and forestalls
arbitrary and unjust adjudication.
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NACHURA NOTES – ADMINISTRATIVE LAW
CA have appellate jurisdiction over judgments or final orders of the CTA and from awards,
judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise
of its quasi-judicial functions.
Administrative bodies, co-equal with RTC on terms of rank and stature and beyond the control of
the latter.
Doctrine of Non-Interference by TCs with co-equal administrative bodies is intended to ensure
judicial stability.
Reviewed by RTC Bureau of Immigration, Court martial, LLDA