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Administrative proceeding

1. Agency acts both in the legislative and judicial capacity


2. Fundamental procedural requirement to be observed
a. Due process
b. Doctrine of implication: When an administrative body has the power
to exercise quasi-judicial power, they have the authority to
promulgate rules and procedure.
3. Proceedings terminate when appeal is taken
Character of the proceeding
1. Adversarial in nature primary purpose is to protect private interest
2. Judicial in nature a. taking and evaluation of evidence
b. determination of facts
c. rendering an order or decision
The power to issue subpoena is not inherent; when the administrative body
finds someone in contempt, it may seek the aid of the RTC for disobedience.
3. civil not criminal in nature disciplinary proceedings, deportation proceedings
and quarantine proceedings
4. not an action in law preventive and remedial to implement a public policy
Jurisdiction
Types jurisdiction over the subject matter and jurisdiction over the person.
1. necessity a void judgment is no judgment at all. It can never become final and
executor. Without jurisdiction, their acts are void and open to collateral attack
2. scope only those provided for in the law, impliedly or expressly.
3. source law
4. conduct/ waiver/ estoppel an administrative body cannot enlarge its own
jurisdiction no can jurisdiction be conferred upon the agency by parties before it.
Such jurisdiction cannot be dictated or based in an agreement, contract, or consent
of the parties; nor can they be made effective by waiver or estoppel.
Tijam vs. sibonghanoy; note active participation in the proceeding is tantamount to
the courts or bodys jurisdiction
5 jurisdiction of courts where the law confines in an administrative office the
power to determine particular questions or matters upon the facts presented, the
jurisdiction of such office shall prevail over the courts.
Doctrine of primary jurisdiction if the case requires the expertise, specialized skills
and knowledge of the proper administrative bodies because technical matters or
intricate questions of fact are involved. Then relief must first be obtained in an
administrative proceeding before a remedy will be supplied by the courts even
though the matter is within the proper jurisdiction of the court.
It is a settled rule that a court, be it judicial or administrative, that has acquired
jurisdiction over a case, retains it even after the expiration of the law governing the
case. roxas v. sayoc, 200 phil 448
Due process in administrative law

Nature the right to due process is not merely statutory.


Essence- affording notice and hearing. It simply means an opportunity to explain
ones side or an opportunity to seek a reconsideration of the action or ruling
complained of. Strict adherence to due process is frown upon, it only requires that a
party be given a chance to be heard before a case against him is decided.
There can no violation so long as the party is given the opportunity to defend
himself or explain his side of the controversy. Trial-type proceeding or formal
hearing is not a requirement in due process.