Prof.

Raul De Guzman
Rodora M. Cuaresma
G17-0250
 5.1. Procedures for Administrative
Adjudication
◦ 5.1.1 Due Process
 5.1.1 Cardinal Primary Rights
◦ 5.1.2. Notice and hearing
 5.1.2.1. When required and when not
required
◦ 5.1.3. Form of Judgement
◦ 5.1.4. Board to deliberate collectively not
individually
◦ 5.1.5. Evidence must be substantial
◦ 5.1.6. Promulgation of Judgement
◦ 5.1.7. Decision-making
◦ 5.1.8. Administrative Appeal
5.2. Jurisdiction and competence
5.2.1. Objectivity and Impartiality
5.2.2. Rules of Evidence
5.2.3. Res Judicata
5.2.4. Constitutional Prohibition
5.2.5. Admin Settlement of Disputes between
Govt. offices
 Administrative law is the body of law that
governs the activities
of administrative agencies of government.
Government agency action can include rule
making, adjudication, or the enforcement of a
specific regulatory agenda. Administrative
law is considered a branch of public law.

 is the process by which
an administrative agency issues an
affirmative, negative, injunctive, or
declaratory order. The formal proceedings
before an administrative agency adopt the
process of rule making or adjudication.
 is the function of administrative agencies to
conduct hearings and decide on cases in the
duty of carrying out a law
 An administrative agency must have
jurisdiction to give validity to its
determinations/decisions as a quasi judicial
body or tribunal. Such jurisdiction is limited
and dependent entirely on the source of its
authority, which is either from the statutes or
the Constitution.
 An administrative agency is normally granted
the authority to promulgate its own
proceeding (rules of procedures), provided
they do not violate fundamental rights and
the Constitution. An administrative
proceeding shall remain effective unless
disapproved by the Supreme Court. However,
such proceedings are not required to adapt
formal court rules that govern purely judicial
proceedings.
 It is essential for any proceeding to
observed due process which is simply an
opportunity to be heard, to explain one's
side, and to seek reconsideration of the
decision taken. This is in order to ensure
fairness and the protection of individual
rights
Article III, Bill of Rights: Civil Rights,
The Philippine Constitution
 Section 1. No person shall be deprived of life,
liberty, or property without due process of
law, nor shall any person be denied the equal
protection of the laws.
 The requisites of administrative due process
are:
◦ right to a notice and hearing, if required by law or if
rights to liberty and property are affected.
◦ impartiality of the tribunal and the consideration of
all valid evidences presented.
◦ substantial evidence supporting the decision of the
tribunal; such evidence was presented at the
hearing or, at least, contained in the record.
 transparency of records for the parties.
◦ independent consideration by the judge/s,
who must not simply accept the views of a
subordinate in arriving at a decision.
◦ decision rendered in such a manner that the
parties can know the various issues involved
and the reasons for such decision.
 The absence of one of the
aforementioned requisites is sufficient to
question the proceeding.
 The right to a notice and hearing is not
required in case of:
◦ urgency of immediate action.
◦ exercise of discretion by a public officer
vested with it upon an undisputed fact.
◦ exercise of discretion wherein there is no
grave abuse of discretion.
◦ validity of established rules that govern future
conduct of persons or enterprises, unless the
law provides otherwise.
◦ preventive suspension of a public officer or
employee pending investigation of
administrative charges against him.
◦ valid exercise of police power.
 affirmative
 negative,
 injunctive, or declaratory order
 Administrative Tribunal- an administrative body that
may act as a quasi judicial body
 Issues or disputes arising during administrative
functioning is done by this mechanism where the
administrative machinery acts as an adjudicator instead
of going to courts directly and settle disputes speedily
and the adjudicators are the administrative officials who
know the specific details and understand the admin
process and thus give an unbiased decisions.
 This helps in non stagnation of policy works and thus
benefit the people at large.
 It is flexible in its decision as it looks at the broader
angle of public policy and its benefits where as the
court of law only looks at rigid laws and nothing else.
Types of Administrative Courts/Tribunal
◦ Administrative Tribunal for service rules
◦ Revenue Board of State District Magistrate-
Involving matters of finance
◦ Election Commission in violation of election
rules
◦ Land acquisition empowers the District
Magistrate to acquire lands and acts as tribunal
in grievances related to land acquisition (e.g.
DARAB)
◦ Regulatory commission have to power to hear
cases and act as tribunals (Phil. Mining and
Regulatory Board (PMRB), Pollution Adjudication
Board (PAB), Protected area Management Board
(PAMB), MTCRB,
 The decision rendered by an administrative
agency in a case shall be in writing and shall
clearly state the facts and legal basis.
 The agency shall decide each case within 30
days following its submission.
 The decision of the agency is final and
executory after the receipt of copy of such
decision by the party who lost the case..
 An administrative agency shall publish and
make available for public inspection all
decisions or final orders in the adjudication
of contested cases.
 . However, an administrative
appeal or judicial review may be perfected
before the finality of the decision.
 Lack of legal expertise
 Like a Martial Law- where the lawmakers
implement it and the legal procedures
are ignored which is violative of the
Principle of Nature. Both the litigant and
the judge in its own case.(objectivity and
impartiality)
 Lack of autonomy for lower tribunal
officers
 Huge delays happen in this system too.
 More legal expertise and officers should be
brought in
 Principles of Natural Justice should be
followed
 More autonomy should be given
 Inclusion of Civil Society groups
 People with high integrity should only be
appointed
 Political interference should be minimized
 Rule of tested evidence should be followed
 Decision making should also be based on
merit of the cases brought forward
 Parties to the cases should be given the
chance to present their cases and no
judgement shall be delivered without giving
full chance to defend oneself.
 Appeals in courts of Law should be
permissible.
 Take, for example, our reluctance to
entertain generalized grievances — i.e.,
suits “claiming only harm to [the
plaintiff’s] and every citizen’s interest in
proper application of the Constitution
and laws, and seeking relief that no more
directly and tangibly benefits him than it
does the public at large.”
 Even when the plaintiff has alleged
redressable injury sufficient to meet the
requirements of Art. III, the Court has
refrained from adjudicating “abstract
questions of wide public significance”
which amount to “generalized
grievances,” pervasively shared and most
appropriately addressed in the
representative branches.
 http://philawgov.wikia.com/wiki/Administrati
ve_Adjudication?oldid=509
 Article III, Bill of Rights: Civil Rights,
The Philippine Constitution
https://publicadministrationtheone.blogspot.
com/2012/08/administrative-law-meaning-
scope-and.html
https://richardresjudicata.wordpress.com/20
14/10/02/the-rule-against-just-one-
generalized-grievance/
 https://en.wikipedia.org/wiki/Burden_of_pro
of_(law)
 https://en.wikipedia.org/wiki/Evidence_(law)
Thank you
very much!