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1. Administrative agencies act in both legislative and judicial capacities and must observe fundamental due process requirements. They have authority to promulgate procedural rules.
2. Administrative proceedings are adversarial, taking and evaluating evidence to determine facts and render decisions. Agencies can seek court aid for disobedience but proceedings are civil, preventative, and remedial rather than criminal.
3. Agencies have jurisdiction only over matters provided by law; jurisdiction cannot be enlarged, conferred by parties, or established through waiver or estoppel. Courts defer to agency expertise on technical issues but can review matters within their jurisdiction.
1. Administrative agencies act in both legislative and judicial capacities and must observe fundamental due process requirements. They have authority to promulgate procedural rules.
2. Administrative proceedings are adversarial, taking and evaluating evidence to determine facts and render decisions. Agencies can seek court aid for disobedience but proceedings are civil, preventative, and remedial rather than criminal.
3. Agencies have jurisdiction only over matters provided by law; jurisdiction cannot be enlarged, conferred by parties, or established through waiver or estoppel. Courts defer to agency expertise on technical issues but can review matters within their jurisdiction.
1. Administrative agencies act in both legislative and judicial capacities and must observe fundamental due process requirements. They have authority to promulgate procedural rules.
2. Administrative proceedings are adversarial, taking and evaluating evidence to determine facts and render decisions. Agencies can seek court aid for disobedience but proceedings are civil, preventative, and remedial rather than criminal.
3. Agencies have jurisdiction only over matters provided by law; jurisdiction cannot be enlarged, conferred by parties, or established through waiver or estoppel. Courts defer to agency expertise on technical issues but can review matters within their jurisdiction.
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.