- Branch of modern law under which the

executive department of the government

acting in a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of
individuals for the purpose of promoting the
well-being of the community.
1.) Constitutional or statutory enactments
creating administrative bodies.
2.) Decisions of the courts interpreting the
charters of administrative bodies.
3.) Rules and regulations issued by
administrative bodies in pursuance of which
they are created.
4.) Determination and orders of administrative
bodies in the settlement of controversies
arising in their respective fields.
- A body other than the court and the
legislature, endowed with quasi-legislative
and quasi-judicial powers for the purpose of
enabling it to carry out laws entrusted to it for
enforcement.
1.) By Constitutional provision;

2.) By legislative enactment; or

3.) By authority of law.

- Manner of abolition depends on the manner

by which the agency or body has been
created.
- A body or agency is administrative where its
function is primarily regulatory even if it
conducts hearings and determines
controversies to carry out its regulatory duty.

- On its rule-making power or authority, it is

administrative when it does not have
discretion to determine what the law shall be
but merely prescribes details for the
enforcement of the law.
1.) Quasi-legislative or Rule-Making power.

2.) Quasi-judicial or Adjudicatory Power; and

3.) Determinative Power.

QUASI-LEGISLATIVE QUASI-JUDICIAL

- Issuance of rules and - Refers to the end product

regulations which have called order, reward or
force and effect of law. decision.

- Specific application
- General application
- Present determination
- Prospective in application
- Notice and hearing generally
- Publication is required in required in administrative
the issuance of rules. adjudication.
- The authority delegated by the law-making
body to the administrative body to adopt
rules and regulations intended to carry out
the provisions of a law and implement
legislative policy.
1.) Legislative Regulation

- Supplementary or Detailed Legislation

- Contingent Regulation

2.) Interpretative Legislation

- Intended to fill in the details of the law and to
make explicit what is only general.
- Issued to enforce or suspend the operation of
a law after the ascertainment by the
administrative agency of existence of a
particular contingency.
- Those which purport to do no more than
interpret the statute being administered.
1.) Issued under authority of the law.

2.) Must be within the scope and purview of the

law.

3.) Promulgated in accordance with the

prescribed procedure.

4.) Reasonable.
1.) Notice and hearing

- Generally not essential, except:

a.) The legislature itself requires it and

mandates that the regulation shall be based
on certain facts as determined at an
appropriate investigation
b.) The regulation is a settlement of a
controversy between specific parties or
administrative adjudication.

c.) The administrative rule is in the nature of

subordinate legislation designed to
implement a law by providing its details.
2.) Publication

- Generally required, except:

a.) Interpretative rules and regulations; or

b.) Merely internal in nature and letters of
instructions issued by superiors.
1.) Must involve public welfare.

2.) The method employed must be reasonably

related to the purpose of the rule;

3.) Not arbitrary; and

4.) Must declare the legislative policy.

1.) The law itself must declare as punishable the
violation of an administrative rule or
regulation.

2.) Law should define or fix the penalty; and

3.) Rule or regulation must be published.

1.) Doctrine of Subordinate Legislation; and

2.) Doctrine of Legislative Approval by Re-

Enactment.
- Power of the administrative agency to
promulgate rules and regulations on matters
of their own specialization.

- This power is necessarily limited only to

carrying into effect what is provided in the
legislative enactment.
- The rules and regulations promulgated by the
proper administrative agency implementing
the law are deemed confirmed and approved
by the legislature when said law was re-
enacted by later legislation or through
codification.
- The power of administrative authorities to
make determinations of facts in the
performance of their official duties and to
apply the law as they construe it to the facts
so found.

- Proceedings partake the nature of a judicial

proceedings.
1.) Power to prescribe rules of procedure,
unless annulled by the SC;
2.) Subpoena power – may be exercised only if
allowed by the law and in connection with the
matter they are authorized to investigate.
3.) Contempt power – must be expressly
granted and only in the exercise of the quasi-
judicial function.
1.) Jurisdiction must be properly acquired by
the administrative body.

2.) Due process must be observed.

1.) Right to a hearing;
2.) Tribunal must consider the evidence
presented;
3.) Decision must have something support
itself;
4.) Decision must be based on the evidence
adduced at the hearing or at least contained
in the records and disclosed to the parties;
5.) Evidence must be substantial;
6.) Board or judge must act on its or his own
independent consideration of facts and law of
the case and not simply accept the view of
the subordinate in arriving at a decision; and
7.) Decision must be rendered in such a manner
that parties to controversy can know various
issues involved and the reason for the
decision rendered.
- Administrative process are unrestricted by
the technical or formal rules of procedure
which govern trials before a court especially
where the administrative order has only the
effect of prima facie evidence and other
matters.
- The right against self-incrimination is
applicable in the administrative proceedings.
- Administrative due process does not require
at all times a trial-type hearing. It is sufficient
that the parties are given the opportunity to
present their case even through pleadings.
- Substantial evidence or such relevant
evidence that a reasonable mind might
accept as adequate to support a conclusion.
1.) Summary proceedings of distrait and levy
upon property of delinquent taxpayer.
2.) Grant of provisional authority for approval
of rates, or to engage in particular line of
business.
3.) Cancellation of passport where no abuse of
discretion is committed.
4.) Summary abatement of nuisance per se
which affects safety of persons or property.
5.) Preventive suspension of officer or
employee pending investigation.
6.) Grant or revocation of licenses or permits to
operate certain businesses affecting public
order or morals.
1.) Where provided by law, appeal from
administrative determination may be made
to a higher or superior administrative officer
or body.
2.) By virtue of power of control of the
President, the President himself or through
the Department Head may affirm, modify,
alter or reverse the administrative decision of
a subordinate.
3.) Appellate administrative agency may
conduct additional hearing in appealed case,
if deemed necessary.
1.) As may be provided by law.

2.) May invoke the court for the purpose.

3.) By the appeal to the force of public opinion.

Administrative decision has res judicata effect,
that is, has the force and binding effect of a
final judgment.
1.) Doctrine of Exhaustion of Administrative
Remedies.

2.) Doctrine of Prior Resort

3.) Doctrine of Finality of Administrative Action

- 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.

- Only those decisions of administrative

agencies made in the exercise of quasi-
judicial power are subject to the doctrine.
- Jurisdiction of the court is not affected but
the complaint is vulnerable to dismissal for
failure to state a cause of action.
- If there is no motion to dismiss, there is
deemed to be a waiver.
1.) When there is a violation of due process.
2.) When the issue involved is a purely legal
question.
3.) When the administrative action is patently
illegal amounting to lack or excess of
jurisdiction.
4.) When there is estoppel on the part of the
administrative agency concerned.
5.) there is irreparable injury.
6.) When the respondent is a Department
Secretary whose acts as an alter ego of the
President bears the implied and assumed
approval of the latter.
7.) When to require exhaustion of
administrative remedies would be
unreasonable.
8.) When it would amount to a nullification of a
claim.
9.) When the subject matter is a private land in
a land case proceedings.
10.) When the rule does not provide for a plain,
speedy, adequate remedy.
11.) When there are circumstances indicating
the urgency of judicial intervention.
12.) When no administrative review is provided
by law.
13.) Where the rule of qualified political agency
applies.
14.) When the issue of non-exhaustion of
administrative remedies has been rendered
moot.
15.) In case of petition for writ of amparo.
- Otherwise known as the Doctrine of Primary
Administrative Jurisdiction.

- The courts cannot and will not resolve a

controversy involving a question which is
within the jurisdiction of an administrative
tribunal, where the question demands the
exercise of sound administrative discretion
requiring the special knowledge, experience
and services of the administrative tribunal to
determine technical and intricate matter.

- Judicial process is suspended pending referral

of such issues to an administrative body.
- Power of administrative agencies to better
enable them to exercise their quasi-judicial
authority.
1.) Enabling Power

- Permits the doing of an act which the law

undertakes to regulate and which would be
unlawful without governmental approval.

2.) Directing Power

- Orders the doing or performance of particular

acts to ensure compliance with the law and are
often exercised for corrective purposes.

3.) Dispensing Power

- To relax the general operation of a law or to

exempt from general prohibition or relieve an
individual or a corporation from an
affirmative duty.
4.) Examining (Investigatory) Power

- Requiring the production of books, papers,

etc., the attendance of witnesses and
compelling their testimony.

5.) Summary Power

- Power to apply compulsion or force against

persons or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
- Except when the Constitution requires or
allows, judicial review may be granted or
withheld as Congress chooses. Thus, the law
may provide that a determination made by
an administrative agency shall be final and
not reviewable. In such case, there is no
violation of due process.
1.) To determine constitutionality or validity of
any treaty, law, ordinance, executive order or
regulation;
2.) To determine jurisdiction of any
administrative board, commission, or officer.
3.) To determine any other questions of law;
and
4.) To determine questions of facts when
necessary to determine, either:
a.) Constitutional or jurisdictional issue;
b.) Commission of abuse of authority; and
c.) When administrative fact-finding body is
unduly restricted by an error of law.
General Rule:

- Findings of fact of administrative agencies are

accorded great weight and the courts are
precluded from reviewing them.
Exceptions:

1.) Factual findings are not supported by

evidence.
2.) Findings are vitiated by fraud, imposition or
collusion.
3.) Procedure which led to factual findings is
irregular.
Exceptions:

4.) Palpable errors are committed.

5.) Grave abuse of discretion, arbitrariness or
capriciousness is manifest.
6.) When expressly allowed by statute
7.) Error in appreciation of the pleadings and in
the interpretation of the documentary
evidence presented by the parties.
When:

1.) Decision is wrong.

2.) Manifestly arbitrary, capricious, unjust
decision.
3.) Decision is not based upon any reasonable
interpretation of law.
4.) Administrative body or officer has gone
beyond its/his statutory authority.
5.) Administrative agency exercised
unconstitutional powers.
6.) Decision vitiated by fraud, imposition or
mistake.
7.) Lack of jurisdiction.
8.) Grave abuse of discretion; and
9.) Decision violates or fails to comply with
some mandatory provision of law.
- Where what purports to be a finding upon a
question of fact is so involved with and
dependent upon a question of law as to be in
substance and effect a decision on the latter,
the Court will, in order to decide the legal
question, examine the entire record including
the evidence if necessary.