ADMINISTRATIVE LAW SYLLABUS

I.
II.
III.

IV.

GENERAL PRINCIPLES
ADMINSITRATIVE AGENCIES
POWERSOF
ADMINISTRATIVE
AGENCIES
A. Quasi-Legislative Power or Rule
Making
1. Kinds of Administrative
Rules and Regulations
2. Requisites of Validity
B. Quasi-Judicial or Adjudicatory
1. Administrative Due Process
2. Administrative Appeal and
Review
3. Administrative Res Judicata
C. Fact-Finding,
Investigative,
Licensing, Rate-Fixing Powers
JUDICIAL RECOURSE AND REVIEW
1. Doctrine of Primary Administrative
Jurisdiction
2. Doctrine
of
Exhaustion
of
Administrative Remedies
3. Doctrine
of
Finality
of
Administrative Action

CHAPTER 1 GENERAL PROVISIONS

Administrative Law
That 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 the individual for the purpose of
promoting the well-being of the community, as
under laws regulating public interest, professions,
trades and callings, rates and prices, laws for the
protection of public health and safety, and the
promotion of public convenience. (Dean Roscoe
Pound)
That branch of public law which fixes the
organization and determines the competence of
administrative authorities and indicates to the
individual remedies for the violation of his rights
(Nachura)

The origin of Administrative Law in

LEGISLATION,
its
justification
is
EXPEDIENCY. The result of the pervasive
prolixity of the modern age and increasing
difficulties confronting the government needs the
obvious solution of DELEGATION OF POWER.
Thus, hesitantly at first but later even with alacrity,
the legislature began authorizing certain specialized
bodies to lay down rules and regulations within its
jurisdiction. In this manner, the legislature can
concentrate on matters of national or greater
significance.
Sources of administrative law
1. Constitutional or statutory enactments
creating administrative bodies. (providing
the functions, structures, powers)
Eg. Social Security Act creating the SSS,
Admin code
2. Decisions of courts interpreting the charters
of administrative bodies and defining their
powers, rights, inhibitions, among others,
and the effects of their determinations and
regulations.
e.g. SC decisions
3. Rules and regulations issued by the
administrative bodies in pursuance of the
purposes for which they were created.
Eg. Omnibus Rules Implementing Labor
Code.
4. Determinations and orders of the
administrative bodies in the settlement of
controversies arising in their respective
fields.
Eg. Adjudications of admin agencies in the
exercise of their quasi-judicial power,
awards by NLRC regarding money claims.
Administration in 2 senses

1. As an institution = aggregate of individuals

in whose hands the reins of government are
for the time being. Refers to persons who
actually run the government.
2. As a function = actual running of the
government by the executive authorities
through the enforcement of laws and the
implementation of policies.
Government = agency or instrumentality
through which the will of the State is
formulated, expressed and realized.
Administration as an activity

Department an executive department created by

law, which includes any instrumentality as herein
defined, having or assigned the rank of a
department, regardless of its name or designation
Bureau any principal subdivision of the
department It includes any principal subdivision or
unit of any instrumentality given or assigned the
rank of a bureau, regardless of actual name or
designation, as in the case of department wide
regional offices.
Office

1. Internal = rules defining the relations of

public functionaries inter se (among
themselves) It consists of rules prescribing
work assignments or job descriptions etc.,
imposed by the superior in said office upon
his subordinates

Any major functional unit of a department

or bureau including regional offices. It may also
refer to any position held or occupied by individual
persons, whose functions are defined by law or
regulation

The organ of government, other than a court

and other than a legislature, which affects the rights
of private parties either through adjudication or rulemaking. (Nachura)

Attached agency has larger measure of

independence and is attached only for supervision
and control only for policy and program
coordination.

Agency any of the various units of the

government, including a department, bureau, office,
instrumentality, or GOCC, of a local government or
a distinct unit therein.

GOCC

Attachment the lateral relationship between the

department or its equivalent and the attached agency
2. External = defines the relations of the
or corporation for purposes of policy and program
public office with the public in general. The
coordination The coordination may be accomplished
rules prescribed are for the observance by
by having the department represented in the
those who have dealings with said office.
governing board of the attached agency or
Administration compared with Law
corporation, either as chairman or as a member, with
or without voting rights if this is permitted by the
Administration
charter; having the attached corporation or agency
Preventive
Punitive
comply
with
a system
Has sympathetic regard for the individual and seeks Concerned
with
obedience
to of
its periodic
mandate reporting
and not which
shall
reflect
the
progress
of
programs
and projects;
to spare him from punishment
with the circumstances or excuses of the violator.
having the department or its equivalent provide
general policies through its representative in the
CHAPTER 2
board, which shall serve as the framework for the
internal policies of the attached corporation or
ADMINISTRATIVE AGENCIES
agency.

Agency organized as stock or non-stock

corporation vested with functions relating to public

needs whether governmental or proprietary in

nature, owned by the government directly or through
its instrumentalities either wholly or to atleast 51%
capital stock in stock corporation: Provided that
GOCC may be further categorized by the DOB,
CSC, COA for purposes of the exercise and
discharge of their respective powers, functions and
responsibilities with respect to such corporations.
Government Instrumentality
Any agency of the national government, not
integrated within the department framework, vested
with special functions or jurisdiction of the law,
endowed with corporate powers, administering
special funds, enjoying operational autonomy
through a charter. It includes regulatory agencies,
chartered institutions, and GOCC
E.g.
Regulatory
institutions and GOCCs.

agencies,

chartered

a. Proprietary = to obtain special corporate

benefits or earn pecuniary benefit.
b. Governmental = in the interest of health,
safety and for the advancement of public
good and welfare, affecting public in
general.
GOCC with special charters
Are government corporations subject to its
provisions and its employees are under the
jurisdiction of the CSC
Administrative agency
Body endowed with quasi-legislative and
quasi-judicial powers for the purpose of enabling it
to carry out the laws it is entrusted to enforce
Agency (EO292)
Includes any department, bureau office,
commission, authority or officer of the national
government authorized by law or executive order to
make rules, issue licenses, grant rights or privileges,
and adjudicate cases; research institutions with

respect to licensing functions; government

corporations with respect to functions regulating
private right, privilege, occupation or business; and
officials in the exercise of disciplinary power as
provided by law.
Regulatory agency
Agency vested with jurisdiction to regulate,
administer or adjudicate matters affecting substantial
rights and interest of private persons, the principal
powers of which are exercised by a collective body
such as a commission, board, or council.
Chartered institution
Agency organized or operating under a
special charter vested with functions relating to
specific constitutional policies or objectives. Inc.
state universities and colleges, monetary authority of
the state.
Three Administrative Relationships
1. Attachment of an agency to a department
2. Supervision
3. Control
NATURE
May be regarded as an arm of the
legislature because it is authorized to promulgate
rules that have the force of law by virtue of a valid
delegation of legislative power
As a court, it has a judicial character as
when it decides factual and even legal questions.
Creation and abolition
Administrative bodies may be created by the
Constitution or by statute. If created by the
Constitution, it can be altered or abolished only by
the constitutional amendment. If created by statute,
the legislature that breathe life into it can amend or
even repeal its charter.

1. Constitutional provisions= hence, it can only

be abolished by the constitutional
amendment (CSC, COA,
COMELEC,
MMDA)
2. Statute = therefore, the legislature which
breathe life can amend, repeal, resulting in
its abolition (PRC, NLRC, SEC)
3. Authority of law
CRITERION: A body or agency is administrative
where its function is primarily regulatory even if it
conducts hearings and determines controversies.
On its rule making authority, when it does
not have discretion to determine what the law shall
be but merely prescribes details for the enforcement
of the law.
CLASSIFICATIONS OF ADMINISTRATIVE
BODIES
1. Those which offer some gratuity, grant or
special privileges (veterans)
2. Those carrying certain the actual business of
govt (customs)
3. Those performing some business service for
the public
4. Those regulating business affected with
public interest (ltfrb)
5. Those regulating private business and
individuals under police power (sec)
6. Those which adjusts individual controversy
because of social policy (nlrc)
7. Those which make the government a private
party (gsis)
ADVANTAGES
AGENCIES

OF

ADMINISTRATIVE

Specialized training and experience, and

adaptability to change and ease in reacting to
emergency situations.
RELATION TO REGULAR DEPARTMENTS
1. The administrative body acts as an agent of
the law-making body, bound to obey and
implement the legislative will.

2. Administrative agency pertains to the

executive department and so comes under
the constitutional control of the president.
3. The courts of justice, as a matter of policy,
review administrative adjudications only as
a last resort and usually when questions of
law are involved.
CHAPTER 3
POWERS OF ADMINISTRATIVE AGENCIES
CLASSIFICATIONS (Quasi legislative, quasi
judicial and determinative)
1. Quasi-legislative
The power to make rules and regulations
which results in delegated legislation that is
within the confines of the granting statute and
the doctrine of non-delegability and separation
of powers (Holy Spirit Homeowners Association
vs. Santiago)
Rules and regulations have the force of law
and courts will take judicial notice
Administrative regulations cannot extend the
law or amend legislative enactments BUT must
be in harmony with the provisions of law (Land
Bank vs CA)
It must not override, but must remain
consistent with the law they seek to apply and
implement. They are intended to carry out, not
to supplant nor modify (CIR vs CA)
a. The statute express the policies,
purposes, objectives, remedies and
sanctions intended by the legislature in
general terms. The details of carrying
them out are left to admin agency to
enforce. Hence, it has the force of law
and entitled to great respect. However,
these may be reviewed and nullified by
courts if not in compliance with the
requisites for their validity.

b. Permits the body to promulgate rules to

carry out the provisions of particular law
c. Power to make rules and regulations
which results in delegated legislation
within the confines of the granting
stature and doctrine of non-delegability
and separability of powers
d. The regulation must be germane to the
objects and purposes of the law
e. The rules and regulations promulgated
must be within the scope of authority
given.
f. Must conform to the provisions of the
enabling statute.
Kinds of Administrative Rules or Regulations

Supplementary or detailed legislation

fixes details in the execution and
enforcement of a policy
Interpretative legislation contrues and
interprets the provisions of a statute to be
enforced and they are binding until they are
changed. (BIR circulars)
Contingent legislation rules and
regulations made by an administrative
authority on the existence of certain acts or
things upon which the enforcement of the
law depends.

Requisites for valid

Legislative power:

execise

of

Quasi-

1) Issued under authority of law

2) Within the scope and purview of law
cannot extend or expand its coverage
but may Fill in the details
3) Reasonable.
4) Publication in the OG or newspaper of
general circulation (letters of instruction
need not be published but may be posted
in a conspicuous place.)
Administrative
requirements:

with

penal

sanctions

1) The law must itself declare as punishable the

violation of the administrative rule or
regulation
2) The law should define or fix the penalty
Necessity of notice and hearing
GR: No constitutional requirement for a
hearing in promulgation of a general regulation nor
notice of merely legal opinion
EXN: Administrative rule in the nature of
subordinate legislation designed to implement a law
by providing its details must have a hearing.
Prescribing rates
1) If made in legislative function notice and
hearing is not a requirement
2) If made in a quasi-judicial function notice
and hearing are essential.
2. Quasi-judicial
a. Power of administrative adjudicatory
power.
b. The power to hear and determine
questions of fact to which the legislative
policy is to apply.
c. Enables the administrative body to
resolve factual and legal questions
incidental to the primary enforcement of
the law
d. It performs in a judicial manner an act
which is essentially of an executive,
where the power to act in such manner
is incidental to or reasonably necessary
for the performance of an executive or
admin duty.
e. It investigate facts, hold hearings, weigh
evidence, draw conclusions.
Eg. When an administrative agency is called upon to
resolve issues or contest, it becomes quasi-judicial.
Q: What is the difference between Legislative power
and the power to issue administrative rules and
regulations?

A: Admin rules = only to carry the legislative policy,

which includes the discretion to determine how the
law shall be enforced. Legislative power = the
discretion to determine what the law shall be is
exclusively legislative and cannot be delegated.
Q: Is the franchise subject to
state?

regulation by the

A: Yes, the franchise being merely a privilege

emanating from the sovereign power of the state and
owing its existence to a grant, is subject to
regulation by the state by virtue of its police power
through its administrative agencies.
Q: Why is there a trend of delegating legislative
power?
A: Because of the growing complexity of modern
life, the increase in difficulty of administering the
law, and multiplication of subjects of governmental
regulation, and towards the approval of the practice
by the courts.
Q: What is the source of the power to promulgate
admin regulations?
A: The legislature, by virtue of a valid delegation.
Q: Is there a standard/specific formula for the
administrative officials imposed by the legislature to
follow?
A: No, the tendency is to be more liberal in
permitting the grant of discretion to the admin
officials, since standards tend to limit the discretion
which makes it arbitrary and unrealistic.
TEST OF DELEGATION
1. COMPLETENESS TEST = the law must
be complete in all its terms and conditions
when it leaves the legislature so that when it
reaches the delegate, it will have nothing to
do but to enforce it. (Leaving gaps may give
rise to the opportunity to legislate)

2. SUFFICIENT STANDARD = specify the

limits of the delegates authority, announce
the legislative policy, specify the conditions
under which it is to be implemented.
As defined, Sufficient standard is one which defines
legislative policy, marks its limits, maps out its
boundaries and specifies the public agency to apply
it.
Eg. Public interest,, simplicity, economy and
efficiency, public welfare.
YNOT VS IAC
= may see fit - an extremely generous and
dangerous condition, laden with perilous
opportunities for partiality and abuse, and even
corruption. There is no limitation to be observed,
the options are apparently boundless.
PELAEZ VS AUDITOR GENERAL
= to forestall a violation of the principle of
separation of powers, the law must be:
1. Complete in itself
2. To fix a standard = the limits which the
delegate must conform in the
performance of his functions.
QUASI JUDICIAL POWER
To make determination of facts in the
performance of their official duties and to apply the
law as they construe it to the facts so found.
The main function is the enforcement of
the law.
Difference between:
Judicial process
Focuses
on
the
question of law and
the Executive acts last

Quasi-judicial power
Executive acts first,
and
if
warranted,
subject to judicial
review which is last.

SOURCES OF QUASI-JUDICIAL POWER

Vested in the administrative body often
conferred by the legislature through specific
provisions in the charter of the agency.
The justification for the grant is the power
needed to enable the administrative officers to
perform their executive duties.
Determinative powers = to better enable the
administrative body to exercise quasi-judicial
authority
a. Enabling powers =those that permit the
doing of an act which the law undertakes to
regulate and which would be unlawful
without government approval. (eg. Issuance
of licenses to engage in particular business,
to approve the bylaws , to allow public
exhibition of a movie)
b. Directing powers= doing or performing of
particular acts to ensure compliance with the
law and are often exercised for corrective
purposes (eg. DENR to require the use of
certain chemicals, DOT to install safety
devices, NLRC to reinstate illegally
dismissed employees)
1) Dispensing= allows the admin
officer to relax the general operation
of law or exempt from the
performance of a general duty
2) Summary= the use by admin
authorities, of force upon persons or
things without the necessity of
previous
judicial
warrant
(padlocking, quarantine powers,
confiscation of prohibited articles)
3) Examining= to inspect the records
and premises and investigate the
activities of persons or entities
coming under its jurisdiction.
a. Issuance of subpoena
b. Swearing in of witnesses
c. Interrogation

d. Calling for production of

books, papers and records
e. Requiring that books papers
and records be made
available for inspection
f. Inspection of premises
g. Requiring written answers
to questionnaires
h. Requiring
periodic
or
special reports
i. Requiring the filing of
statements.
Examining power likewise allows
1. Hearings
2. Issue writs of preliminary injunction
3. Punish contempt
(all these are justified by the need of
information to enable them to carry the
power to investigate.
EXERCISE OF POWERS
Ministerial, meaning no judgment or
discretion is required or allowed in their exercise.
CHAPTER 4
QUASI-LEGISLATIVE POWER
Intended to enable it to implement the policy
of the law and to provide for the more effective
enforcement of its provisions, POWER OF
SUBORDINATE LEGISLATION
Kinds of Administrative Regulations
1. Legislative rule is in the matter of
subordinate
legislation,
designed
to
implement a primary legislation by
providing the details thereof.
2. Interpretative rule is designed to provide
guidelines to the law which the
administrative agency is in charge of
enforcing.
3. Legislative rules or regulations - These
are accorded by the courts or by express
provision of stature the force and effect of

law immediately upon going into effect.

These are issued by an administrative body
pursuant to a valid delegation of legislative
power and is intended to have the binding
force and effect of a law enacted by the
legislative itself.
4. Interpretative regulations - Those which
purport to do no more than interpret the
stature being administered to say what it
means. These are issued by administrative
body as an incident of its power to enforce
the law and is intended merely to clarify its
provisions for proper observance by the
people. These are issued by the
administrative body pursuant to a valid
delegation of legislative power and is
intended to have a binding force and effect
of a law enacted by the legislature.
Rule: Administrative regulations and policies
enacted by administrative bodies to interpret the law
which they are entrusted to enforce, have the force
of law are entitled to great respect and have in their
favor a presumption of legality.
Two classifications of Legislative regulation
I.

II.

Supplementary regulation intended to

fill in the details of the law and to make
explicit what is only general. Its purpose is
to enlarge upon a stature, subject only to the
standards fixed therein, to ensure its
effective enforcement in accordance with
the legislative will
Contingent regulation issued upon the
happening of a certain contingency which
the administrative body is given the
discretion to determine or to ascertain some
circumstances on which the law makes its
own action depend, for putting in effect,
applying or suspending the law.

Cruz vs. Youngbert

A law prohibits the importation of cattle,
which had caused a rinderpest epidemic, but

authorizing to lift the prohibition if there was no

longer any threat of contagion from cattle.
REQUISITES
REGULATIONS

OF

ADMINISTRATIVE

a) Its promulgation must be authorized by the

legislature
b) It must be within the scope of the authority
given by the legislature
c) It must be promulgated in accordance with
the prescribed procedure
d) It must be reasonable.
Promulgation authorized by the legislature
Is usually conferred by the charter itself of
the administrative body or by the law it is supposed
to enforce. However, the regulation must not be in
contravention with, but conform to the standards that
the law prescribes
Araneta vs. Gatmaitan
SC held that the Secretary of Agriculture has
authority to regulate or ban fishing by trawl, then the
President of the Philippines may exercise the same
power and authority because the Chief Executive
have control over all the executive departments,
bureaus or offices.
It must be within the scope of the authority given
by the legislature
The regulation that is promulgated must not
be ultra vires or beyond the limits of the authority
conferred. An administrative agency cannot amend
an act of Congress. Administrative rules and
regulations are intended to carry out, not supplant or
modify, the law. The law cannot be amended by a
mere regulation.
Greco vs COMELEC
It was held that when since the Rules of
Procedure used the word may, it was improper and
highly irregular for the COMELEC to have used the
word shall in its rules

People vs Maceren
The Secretary of Agriclulture exceeded the
powers conferred upon him since the Fishing Law
did not prohibit fishing by electricity, since it was
neither poisonous nor obnoxious nor was it a
substance but a form of energy.
Baustista vs Juinio
Prohibition of private extra heavy and heavy
vehicles from using public streets on weekends and
holidays but annulled as ultra vires the
administrative regulation of impounding offending
vehicles as the penalty imposed by the law was only
a fine and suspension of registration.
Administrative issuances must not override but must
remain consistent and in harmony with the law they
seek to apply and implement.
Philippine Interisland shipping Association of the
Philippines vs CA
SC held that the fixing of rates is essentially
a legislative power. The orders issued by the PPA
were in the nature of subordinate legislation,
promulgated by it in the exercise of delegated power.
As such these could only be amended or revised by
law, as the President did by EO 1088.
Bito-onon vs Fernandez
SC held that the LIGA, although strictly not
a LGU is subject to the Presidents power of general
supervision.
Does the Presidents power of general supervision
extend to the liga ng mga barangay?
Yes. Liga is a government organization,
being an association, federation, league or union
created by law or by authority of law whose
members are either appointed or elected government
officials.
Fundamental Rule

Administrative law is that, to be valid,

administrative rules and regulations must be issued
by authority of a law and must not contravene the
provisions of the constitution.
Administrative
agency cannot use the rule-making power to enlarge
the power, beyond the scope intended.
It must be promulgated in accordance with the
prescribed procedure
GR: The promulgation of administrative regulations
of general application does not require previous
notice and hearing
EXN: Where the legislature itself requires it and
mandates that the regulation shall be based on
certain facts as determined at an appropriate
investigation.
Quasi-Legislative
power
is
exercised
by
administrative agencies through the promulgation of
rules and regulations within the confine of the
granting statures and the doctrine of non-delegation
of powers. But where the regulation is in effect a
settlement of a controversy, it will require notice and
hearing.
Freedom from Debt Coalition
An administrative agency may be
empowered to approve, provisionally, when
demanded by urgent public need, rates of public
utilities without a hearing but such cannot be
considered as one of the powers that the legislature
intended ERC to possess. The power to fix prices
and make rates cannot be conferred by implication,
but must be conferred under statutory or
constitutional language that is free from doubt.
If it goes beyond merely providing for the
means that can facilitate or render less cumbersome
the implementation of he law and substantially
increases the burden of those governed, it behooves
the agency ot accord the least to those directly
affected by a chance to be heard and be informed,

before the issuance is given the force and effect of

law.
Publication
GR: Publication must be in full or it is no
publication at all since its purpose is to inform the
public of the contents of the law (general application
and penal in nature)
EXN: Interpretative regulations, those merely
internal in nature, or those so called LOI to be
followed by their subordinates in the performance of
their duties.
The usual 15 day period required for the effectivity
of said law is reckoned not from the date or printed
date
1. The law may also require a special
publication, shall take effect after their
publication once a week for three
consecutive weeks in a newspaper of general
circulation.
2. In addition, the administrative Code
provides that every agency shall file with
the UP Law Center 3 certified true copies
of every rule adopted by it. Administrative
issuances which are not published or filed
with National Administrative Register are
ineffective and may not be enforced.
3. Administrative Code also provides for
Public Participation
a. The agency shall publish or circulate
notices of proposed rules and afford
interested parties the opportunity to
submit their views prior to the adoption
b. In the fixing of rates, no rule shall be
valid unless the proposed rates have
been published in a newspaper of
general circulation atleast 2 weeks
before the first hearing
c. If opposed, the rules on contested cases
shall be observed.
It must be reasonable

It must not be unreasonable or arbitrary as to

violate due process. It must secure the end in view.
The regulation must involve the public welfare and
the method employed must be reasonably related to
the purposes of the rule.
PENAL REGULATIONS
The power to define and punish crime is
exclusively legislative and may not be delegated to
the administrative authorities.
Violation of
administrative regulation cannot give rise to criminal
prosecution unless the legislature makes such
violation punishable and imposes the corresponding
sanctions.
US vs Panlilio
Punishing the transport of quarantined
animals without the permission of the Secretary of
Agriculture was held invalid for lack of statutory
basis.
Special requisites of a valid administrative
regulation with a penal sanction are:
1. The law itself must make violation of the
administrative regulation punishable
2. The law itself must impose and specify the
penalty for the violation of the regulation
3. The regulation must be published.
Construction and interpretation
The regulation should be read in harmony
with the stature and not in violation of the authority
conferred on the administrative authorities.
PRINCIPLE: Statutes, administrative rules and
regulations operate prospectively only, UNLESS the
legislative intent to the contrary is manifest by
express terms or by necessary implication.
ENFORCEMENT
The power to promulgate administrative
regulations carries with it the implied power to
enforce them. This may be effected through judicial

action such as mandamus or injunction or through

sanctions that the statute itself may allow the
administrative body to impose.
To enforce includes the power to issue
opinions and rulings to enable the administrative
agency to properly execute said regulations.
CHAPTER 5
QUASI-JUDICIAL POWER
Quasi-judicial power power of admin agency to
determine questions of fact to which the legislative
policy is to apply in accordance with the standards
laid down by the law itself.
Quasi-judicial refers to the action, discretion or
officers who are required to investigate facts, or
ascertain the existence of facts and draw conclusions
from them as a basis for their official action and to
exercise discretion of a judicial nature
Power of adjudication agency process for the
formulation of a final order.
Land Bank of the Philippines vs. Natividad
Primary jurisdiction is vested in the DAR to
determine in a preliminary manner the just
compensation for the lands taken under the agrarian
reform program BUT such determination is subject
to challenge before the courts.
The final arbiter of all issues is vested in the
courts.
Sec. 15 Bill of Rights
All persons shall have the right to a speedy
disposition of cases before all judicial, quasi-judicial
or administrative bodies
SIR:
CA does not disturb findings of quasi-judicial
bodies

Admin agencies are not part of the courts or

judicial system. The Doctrine of Separation of
powers are observed, each being co-equal and
coordinate and supreme in its own sphere.
SAADO v. CA
The granting or denying or suspending or revoking
a license, permit, franchise or certificate of public
convenience and necessity is quasi-judicial since it is
dependent upon ascertainment of facts by the
administrative agency upon which a decision is to be
made and rights and liabilities determined
DARAB vs. Lubrica
Darab is co-equal with RTC, its decision is
appealable to CA
The extent to which an administrative entity may
exercise such power depends largely on the
provisions of the stature creating or empowering
such agency. The grant is not implied. The
legislative grant of adjudicatory powers is limited
and special, the authority to hear and determine a
class of cases within the DARs competence and
field of expertise
Requisites/conditions in the proper exercise of
quasi-judicial power
1. Jurisdiction must be properly acquired by
the administrative body
2. Due process must be observed in the
conduct of proceedings.
Jurisdiction
The competence of an office or body to act
on a given matter or decide a certain question. Lack
of jurisdiction renders judgment null and void and
may be subject to collateral attack.
No uniform rule in determining the
jurisdiction of admin bodies. Each admin body has
its own peculiar jurisdiction as conferred upon it by
the specific provision of its charter.

PCGG vs. PeA

RTC and CA have no jurisdiction over
PCGG. In the Commission is a co-equal body with
RTC and co-equal bodies have no power to control
the other
Cario vs CHR
CHR have no power to adjudicate. The
most that may be conceded is that it may investigate,
i.e. receive evidence and make findings of facts as
regards claimed human rights violations
involving civil and political rights. But such
function is not a judicial function, which must be
accompanied by the authority to apply the law to
those factual conclusions to the end that the
controversy may be decided or determined
authoritatively, finally and definitively, subject to
appeals and review.
Lastimosa vs Vasquez
The Ombudsman power to investigate and
prosecute includes the investigation and prosecution
of any crime committed by a public official
regardless of whether the acts or omissions
complained of are related to or connected with the
performance of official duty.
Ombudsman may deputize a prosecutor for
assistance, placing him under the supervision and
control of the Ombudsman which he is subject to
the power of the Ombudsman to direct, review,
approve, reverse or modify his decision.
Admin agencies which do not have power to hear
and decide:
1. National Electrification Administration
2. National Power Corporation
3. RCPI do not have power to impose fines for
non-delivery of telegarams

sequestered shares of stock already transferred to the

Republic
Meralco vs CA
Jurisdiction of a regular court to decide on
the correctness of the petitioners computation of the
electric bill of the private respondent, and the power
adjustment decreed by BOE was invalid, having
been made without the benefit of any hearing. The
private respondents are invoking the jurisdiction of
the regular courts to adjudicate cases involving
violations of rights which are legally demandable
and enforceable
Globe Wireless
Commission

Ltd.

Vs

Public

Service

Globe operated under a legislative

franchise, so no terms and conditions of any
certificate by the Commission to violate. Jurisdiction
and powers of admin agencies are limited to those
expressly granted or necessarily implied from those
granted in the legislation creating such body and any
order without or beyond such jurisdiction is void and
ineffective
Boiser v CA
The regular courts, not NTC, have the
power to adjudicate breach of contract cases, much
less award moral and exemplary damages.
Principle:
Unless
expressly
empowered,
administrative agencies are bereft of quasi
judicial power
COSLAP = jurisdiction is confined only to disputes
over lands in which the government has proprietary
or regulatory interest
NLRC= damages for picketing

IBC vs. Jalandoon

COMELEC= can award actual or compensatory

damages

SEC had jurisdiction over any intracorporate controversy arising from the ownership of

HLURB = jurisdiction over cases involving sales of

subdivision lots

NIA= no jurisdiction to grant claims

FACTORAN
courts transgressed the boundaries of administrative
jurisdiction in its exercise of judicial power when it
assumed the functions of admin agencies involving
the administrative investigation of government
personnel
JURISDICTION
1. Rules of Procedure
2. Subpoena power
3. Contempt power
Rules of Procedure
Where an administrative body is expressly
granted the power of adjudication, it is deemed also
vested with the implied power to prescribe the rules
to be observed in the conduct of its proceedings.
Angara vs Electoral Commission
The rules of proceedings of the Electoral
Commission, being the sole judge of election
contests, is valid under the doctrine of implication,
where a general power is conferred, every particular
power necessary for the exercise of the one or the
performance of the other is also conferred.
Provident tree farms vs Batrio
where the no particular method is required,
any reasonable method to carry out its functions, and
must not violate fundamental rights or encroach
upon constitutional prerogatives.

entity, whether
administrative.

judicial,

quasi-judicial

or

Lapid vs CA
Courts may not in the guise of
interpretation, enlarge the scope of a statute and
include situation not provided or intended by the
lawmakers. There is no legal principle which states
that all decisions of quasi-judicial agencies are
immediately executor. The law should expressly
provide said decisions to be immediately executor
pending appeal.
Procedure = the means by which the power or
authority of a court to hear and decide a class of
cases is put into action.
Subpoena
Not inherent in administrative bodies. It
may summon witnesses and require the production
of evidence only when duly allowed by law and only
in connection with the matter they are authorized to
investigate. (eg. NLRC)
Though allowed by the Admin code that
agency may conduct investigation, it does not
necessarily mean it can also summon witnesses and
take testimony in the absence of a clear grant from
the legislature.
Investigate = to examine, explore, inquire or delve
or probe into, research on, study
Adjudicate= to settle in the exercise of judicial
authority. To determine finally.

Philippine Lawyers vs Angara

Pascual vs Board of Medical Examiners

To require any person intending to practice

before the Patent Office to pass an examination,
including lawyers. It was held that the SC has the
exclusive and constitutional power with respect to
admission to the practice of law and any member of
the Bar may practice law anywhere and before any

The administrative determination of facts

and
the
consequent
imposition
of
suspension/revocation of license does not make the
proceedings criminal.
Contempt

Is essentially judicial.
There must be
expressly conferred upon the body and additionally,
must be used only in connection with its quasijudicial as distinguished from its purely admin
functions.
Disregarded subpoena = seek the assistance of
regular courts for the enforcement of its order.
Tolentino vs Inciong
A judge was served subpoena by an admin
official for contempt. The court held that respondent
does not have the power to cite a judge in contempt.
Courts exist precisely to assure that there be
compliance with the law.
Dumarpa vs Dimaporo
The power to hold in contempt must be
exercised on the preservative principle.
Quasi-judicial agencies that have the power to cite
persons for indirect contempt can only do so by
initiating them in the proper RTC.
DUE PROCESS
Notice and hearing are essential to due
process and non-observance will invalidate the
proceedings.
Essence is the opportunity to explain ones
side or a chance to seek reconsideration of he action
or ruling complained of.
Instances when due process may be validly
omitted
1. Urgency of immediate action
2. Tentativeness of the admin action
3. The right had previously been offered but
not claimed.
Some accepted exceptions:
1. Summary abatement of a nuisance per se
2. Preventive suspension
3. Padlocking of filthy restos and theaters

4. Cancellation of passport of a person sought

for criminal prosecution
5. Summary distraint and levy of properties of
a delinuent taxpayer
6. Replacement of a temporary or acting
appointee.
Administrative Due Process
No strict adherence to technical rules
compared to judicial proceedings. However some
cardinal rules must be observed for the requirements
of fair play
Ang Tibay vs CIR
1. The right to a hearing, which includes the
right of the party interested to present his
own case and submit evidence in support
thereof.
2. The tribunal must consider the evidence
presented.
3. That having something to support its
decision
4. The evidence must be substantial.
Substantial evidence is more than a mere
scintilla. It means such relevant evidence as
a reasonable mind might accept as adequate
to support a conclusion. The rules of
evidence prevailing in courts of law and
equity shall be controlling.
5. The decision must be rendered on the
evidence presented at the hearing, or at least
contained in the record and disclosed to the
parties affected.
6. The CIR or any of its judges, therefore, must
act on its or his own independent
consideration of the law and facts of the
controversy, and not simply accept the views
of a subordinate in arriving at a decision
7. The CIR should in all controversial
questions, render its decision in such a
manner that the parties to the proceeding can
know the various issues involved and the
reasons for the decisions rendered.

Basic principles observed in administrative

investigations
1. The burden is on the complaint to prove by
substantial evidence the allegations in his
comlaint.
2. In reviewing admin decisions of the
executive branch of the government, the
findings of facts made therein are to be
respected so long as they are supported by
substantial evidence
3. Admin decisions in matters within the
executive jurisdiction can only be set aside
on proof of gross abuse of discretion, fraud,
or error of law.
Zambales Chromite vs CA
It is evident that the petitioner was denied
due process of law when Presidential Executive
Assistant Clave concurred with recommendations of
himself when he was in CSC
Due process of law means fundamental
fairness. The reviewing officer must be other than
the officer whose decision is under review
Corona vs CA
That the DOTC Secretary, acting as alter ego
of the President, has jurisdiction over PPA personnel
to a certain extend.
He has only appellate
jurisdiction over disciplinary matters involving
personnel below that of Asst. GM. He does not have
the power to initiate proceedings against a
subordinate official of PPA. All complaints against a
PPA official or employee below the rank of Asst.
GM shall be filed
Cordero v PSC
mere notice by publication of a hearing
conducted by the administrative agency was held
insufficient and so violative of due processs BUT
receiving notice of hearing the day before the date of
hearing is valid. The choice not to present evidence
was made by petitioners themselves.

Globe vs NTC
The need for a hearing before a fine may be
imposed, as it is clearly a punitive measure
undertaken by an administration agency in the
exercise of its quasi-judicial functions.
Pefianco v Moral
a respondent in an administrative case is
not entitled to be informed of the findings and
recommendations of the investigating committee
created to inquire into the charges, he is only entitled
to the administrative decision based on substantial
evidence made of record, and a reasonable
opportunity to meet the charges and the evidence
presented against her
In admin law, a quasi judicial proceeding
involves:
1. Taking and evaluation of evidence
2. Determining facts based on the evidence
presented
3. Rendering an order or decision supported by
the facts proved.
There is no denial of due process where the
respondent has gone all the way up to the office of
the president to seek reversal of the phaseout and
closure orders.
The quantum of evidence necessary for a finding of
guilt is only substantial evidence, relevant evidence
as a reasonable mind might accept as adequate to
support a conclusion.
Director of Patents may delegate the hearing of inter
partes cases to his subordinates. There was no
provision in RA 165 withholding from the director
the authority to designate hearing officers.
LArbiter given the latitude to determine the
necessity for formal hearing or investigation. The
parties may ask for it but it is not a matter of right
and is discretionary on the part of the LArbiter.

The Essence of Due Process is the opportunity to be

heard, does not require trial type proceedings and
cross examination. Submission of position papers
may be sufficient as long as they are heard.
Elements of Due Process
1. There must be a court or tribunal clothed
with judicial power to hear and determine
the matter before it
2. Jurisdiction must be lawfully acquired over
the person of the defendant or property
which is the subject of the proceedings;
3. The defendant must be given the opportunity
to be heard; and judgment must be rendered
upon lawful hearing.
Javier vs comelec

Absent any STATUTE providing for the

enforcement, it cannot be imposed, but may
INVOKE court action for the purpose.
May file mandamus to compel a performance of a
ministerial duty or decision which became final
Res judicata
GR: The decisions and orders of administrative
agencies, rendered pursuant to their quasi-judicial
authority, have, upon their finality, the force and
binding effect of a final judgment within the purview
of the doctrine of resjudicata.
CHAPTER 6
JUDICIAL REVIEW

The cold and neutrality of an impartial

G.R. Administrative decision may be appealed to the

courts of justice only if:

In the hierarchy of evidentiary values, proof beyond

reasonable doubt is a the highest level, followed by
clear and convincing evidence, preponderance of
evidence, and substantial evidence.

1. the Constitution
2. law permits
3. The issues to be reviewed involve questions
of law.

judge.

Administrative Appeals and Review

1. Department Head
2. Regular courts of justice
The appellate admin agency may conduct
additional hearings in the appealed case.
Enforcement of decision
Sanctions admin body usually impose to
enforce its decisions are:
1.
2.
3.
4.
5.
6.
7.
8.

Revocation or refusal to renew licenses

Destruction of unlawful articles
Narcotic drugs
Summary closure of stores engaged in
profiteering or hoarding
Refusal to grant clearances
Issuance of cease and desist orders to public
utility.
Deportation of aliens
Imposition of fines.

The right to appeals is not a constitutional right nor

is it embraced in the right to be heard as guaranteed
by due process.
Courts of justice will generally not interfere in
executive and administrative matters addressed to
the sound discretion of government agencies such
as:
1.
2.
3.
4.

Grant of licenses
Permits
Leases
Approval or revocation of applications
therefore.

The courts will interfere if:

1. The exercise of such functions by an
administrative officer is tainted by a failure
to abide by the command of law (SC shall
have the final say on the matter , via

certiorari within 30 days from receipt of a

copy thereof.)
Court of Appeals may review final decisions, orders,
award or resolution of RTC, Quasi-judicial bodies
except:
1.
2.
3.
4.

COMELEC
COA
SANDIGANBAYAN
DECISIONS ISSUED
LABOR CODE.

UNDER

THE

CTA appellate court of decisions of Commissioner

of Internal revenue, Customs.
Questions of law are appealable to the courts of
justice even without legislative permission or even
against legislative prohibition.
Reasons:
1.

the courts cannot be deprived of their

inherent authority to decide questions of
law. It cannot be withdrawn by another law
of the legislature.
2. The underlying power in the courts to
scrutinize acts of such agencies on questions
of law
3. Questions of jurisdiction.
Q: W/N courts have no jurisdiction to review
decisions of the President and the CSC?
A: jurisdiction does not depend upon an act of the
legislature authorizing it but is inherent in the courts
of general jurisdiction as an essential function of the
judicial department.
METHODS OF REVIEW
Are prescribed by:
1. The Constitution
2. Statutes or Rules of Court.
Appeal from the decision of the Patent office:

1. File notice w/in 15 days from notice of such

award, order or ruling
2. File to the said body AND with the CA
How is appeal perfected?
1. File with the agency within 15 days from
receipt of a copy the notice of appeals
2. And with the reviewing court a petition for
review of the order.
3. Serve copies upon the agency and all parties
of record.
4. The petition shall contain:
a. concise statement of the issues involved
b. Grounds relied upon for review
c. True copy of the order appealed from
d. Copies of such material portions of the
records.
e. Other supporting papers.
5. Petition under oath, and show it was filed
within the period fixed.
6. Petition for review shall be perfected within
15 days from receipt of the final
administrative decision.
7. May file one motion if denied, movant
shall perfect appeal during the remaining
period for appeals reckoned from receipt of
denial.
8. If motion granted appellant shall have 15
days from receipt of resolution to perfect
appeal.
9. Filed in court specified by statute, or any
court of competent jurisdiction.
10. Findings of fact of the agency when
supported by substantial evidence shall be
final EXCEPT when specifically provided
otherwise by law.
No specific rules governing appeals, may avail of:
1. Special civil actions
2. Other remedies provided by the rules of
court.
Eg.
1. Detention by the military authorities of a
person invalidly arrested Habeas Corpus

2. Alien threatened with deportation by

Immigration Habeas Corpus
3. Public official replaced by another quo
warranto
4. Refusal to allow certain materials to be
coursed through the malls Mandamus.
5. To prevent investigation alleged to be
unconstitutional prohibition.
6. Certiorari administrative decisions up to
the highest level. When there is clear
showing of a grave abuse of discretion.
SC has jurisdiction over:
1. Decisions of the office of the President (as
part of a system of checks and balances)
2. Jurisdiction
3. Questions of law.
Universally accepted axioms of judicial review:
1. Before said actions may be entertained, it
must be shown that all the administrative
remedies prescribed by law or ordinance
have been exhausted
2. The admin decision may properly be
annulled or set aside only upon a clear
showing that the administrative official or
tribunal has acted without or in excess of
jurisdiction or with grave abuse of
discretion.
Two Doctrines to be considered in connection with
the judicial review of administrative decision:
Doctrine of Primary jurisdiction or Prior Resort
APPLIES ONLY TO THE EXERCISE BY AN
ADMINISTRATIVE AGENCY OF ITS QUASIJUDICIAL FUNCTION
GR: Courts will not interfere in matters w/c are
addressed to the sound discretion of the government
agency entrusted with the regulation of activities
coming under the special and technical training and
knowledge of such agency. Once initial action is
taken by the administrative agencies, it must

continue up to the highest level before resort to

judicial tribunals may be sought.

Calls for the determination of question of

fact, by administrative agencies.

When is doctrine
applicable?

of

primary

jurisdiction

1. Originally cognizable in the courts.

2. Whenever enforcement of the claim requires
the resolution of issues which, under a
regulatory scheme, have been placed within
the special competence of an administrative
body; in such case, the judicial process is
suspended pending referral of such issues to
the administrative body for its view. (courts
should stand aside even when apparently
they have statutory power to proceed )
Advantage of primary jurisdiction
1. Eases the clogged court dockets.
Examples:
1. Bureau of Mines and Geosciences =
jurisdiction to determine the compensation
payable to surface owners.
2. Bureau of Customs = jurisdiction over
seizure and forfeiture proceedings.
3. HLURB = jurisdiction over cases involving
the sale of subdivision lots.
4. Bureau of Energy Devt. = jurisdiction to
decide controversies relative to the
exploration, exploitation and development
of coal blocks.
5. Garments and Textile Export Board =
jurisdiction to adjudicate on the question of
a private corporations entitlement to export
allocations, discretion to grant and
disapprove said export allocations.
Q: What if 2 admin agencies share concurrent
jurisdiction?

A: The body or agency that first takes cognizance of

the complaint. The second case filed shall be
dismissed on the ground of forum shopping.
Eg. Between DOJ and the Office of the Ombudsman
= doctrine of primary jurisdiction should operate to
restrain the DOJ from exercising its investigative
authority if the case will likely be cognizable by the
Sandiganbayan.
Q: when what is assailed is the validity or
constitutionality of a rule
A: regular courts have jurisdiction to pass upon the
same.
Doctrine of
Remedies

Exhaustion

of

Administrative

= an administrative decision must first be appealed

to the administrative superiors up the highest level
before it may be elevated to a court of justice for
review. (exhaustion = to be given an opportunity to
correct errors committed in the administrative
forum)
Eg. Appeal to the Board of Regents of UP before
review may be sought.
Board of special inquiry = Commissioner of
Immigration = DOJ
Director of Mines = Secretary of Agriculture
Q: Litigant refuses or fails to avail of exhaustion
A: Judiciary shall decline to interfere based on
convenience, respect. Since it is presumed that an
admin agency if given an opportunity to pass the
same,will decide the same correctly. Furthermore,
reasons of law, comity and convenience prevent the
courts from entertaining cases proper for
determination by administrative agencies.
Reasons for
remedies

exhaustion

of

administrative

1. If given a chance, administrative superiors

can correct the errors of subordinates
2. Courts refrain from disturbing the findings
of admin bodies in deference to separation
of powers
3. Courts burdened enough, should not be
saddled with the review of admin cases
4. Judicial review of admin cases is usually
effected through the special civil actions of
certiorari, mandamus, and prohibition,
which is available ONLY if there is no other
plain, speedy and adequate remedy.
Exceptions to exhaustion of administrative cases:
1. Violation of due process
2. Issue involved is purely legal
3. Patently illegal act amounting to lack or
excess of jurisdiction
4. Estoppel on the part of admin agency
5. Irreparable injury
6. Respondent is a department secretary
whose acts as an alter ego of the
President bears the implied and assumed
approval of the latter
7. Would be Unreasonable
8. Would amount to a nullification of the
claim
9. Subject matter is a private land in land
case proceedings
10. Rule does not provide a plain, speedy
and adequate remedy
11. There are circumstances indicating
urgency of judicial intervention
Others:
1. When the claim involved is small
2. When strong public interest is involved
3. In quo warranto proceedings.
When not applicable?
While desirable that administrative remedies
be first resorted to, no one is compelled or bound to
do so.
1. Not expressly required b law

2. Statute providing admin remedy is merely

permissive
3. In questioning the validity of a rule or
regulation, may go directly to the courts.
4. When the issues submitted have become
moot and academic.
5. When a student is not asking for reversal of
policies of educational institution BUT
praying for damages.
When to apply?
1. When there is an express legal provision
requiring such admin step as a condition
precedent to taking action in court.
2. When the act of admin agency was
performed pursuant to its quasi-judicial
function (not quasi legislative)
EXAMPLES
1.

2.

3.

4.

5.

6.

Want of authority of a mayor to suspend,

investigate or dismissed. (these are legal
questions properly addressed to the court of
justice.
Constitutional right to reveal certain
documents by filing a petition for
mandamus against GSIS (courts are in better
position to interpret scope of constitutional
right to information)
An alien was previously denied of backpay
application, on the ground that it was not
covered by backpay law, based on the
resolution that a party has only the court for
recourse. (admin agency is in estoppel)
Summary dismissal for lack of confidence
by the mayor (it is an illegal act amounting
to lack of jurisdiction, grave abuse of
discretion)
The urgency of preventing the automatic
reversion of the sum appropriated
exhaustion would amount to a nullification
of his claim.
Small amount exhaustion would be
oppressive but would be patently
unreasonable.

7. Conflict existing regarding a portion of the

logging area and the use of logging road
constructed, which was brought to the
Secretary of Agriculture. The disregard
made by the respondent prompted the
company to take the needed action otherwise
irreparable damage and injury will result.
8. Fine imposed upon a vessel for carrying
unmanifested cargo but without giving the
ship authorities a hearing.
9. The contested lot was not a part of the
public domain but of private ownership
acquired by the Government for resale to
private persons, any aggrieved party could
bring action to the courts.
Q: W/N appeal appeal to the President is
necessary?
A: The President was the final step in the
administrative process, and a condition
precedent to appeal to the courts.
Carpio vs Executive Secretary
The President has control of all executive
departments, bureaus and offices. Corollary to
the control powers of the President is the
DOCTRINE OF QUALIFIED POLITICAL
AGENCY, where certain control powers are
exercised by the Cabinet members are warranted
due to the multifarious executive and
administrative functions of the President, thus,
unless disproved or reprobated by the Chief
Executive are presumptively acts of the Chief
Executive
EFFECT OF NON-COMPLIANCE
EXHAUSTION

TO

It does not affect the jurisdiction of the court

and merely results in the lack of a cause of
action which may be invoked in a motion to
dismiss
Questions reviewable

1. Questions of fact
a. review of the administrative decision
lies in the discretion of the legislature,
which may or may not permit it as it
sees fit.
b. When the doubt or difference arises as
to the truth or the falsehood of the
alleged facts
c. Rep vs. Sandiganbayan Exists when
doubt or difference arises as to the truth
or falsehood of facts or when the query
invites calibration of the whole evidence
considering mainly the credibility of the
witnesses, the existence and relevancy
of specific surrounding circumstances,
as well as their relation to each other
and to the whole, and the probability of
the situation
2. Questions of law
a. admin decision may be appealed to the
courts of justice independently of
legislative permission or even against
legislative prohibition.
b. When doubt or difference arises as to
what the law is on a certain state of
facts.
c. Rep Vs. Sandiganbayan Exists when
doubt or controversy concerns the
application of law or jurisprudence to a
certain set of facts; or when the issue
does not call for an examination of the
probative value of the evidence
presented, the truth or falsehood of facts
being admitted
Atlas Consolidated Mining
Findings of fact should not be disturbed if
supported by substantial evidence
Review is justified if there has been:
a. denial of due process, mistake of law or
fraud, collusion or arbitrary action
b. when procedure is irregular
c. when palpable errors are committed

d. when grave abuse of discretion,

arbitrariness or capriciousness is
manifest
reviewing
court cannot reexamine the
sufficiency of the evidence. Findings of fact
supported by substantial evidence must be
respected since there is the legal
presumption that official duty has been duly
performed.
GR: Courts have no supervising power over the
proceedings and actions of the administrative
departments of the government. Decisions of admin
bodies are entitled with respect.
EXN: When the board or official has gone beyond
his statutory authority, exercised unconstitutional
powers or clearly acted arbitrarily and without
regard to his duty or with grave abuse of discretion
Grave abuse of discretion = there has been
capricious and whimsical exercise of judgment as is
equivalent to lack of jurisdiction.
QUESTIONS OF FACT
=Generally accorded with respect, if not finality
=REASON: The special knowledge and expertise of
said administrative agencies over matters falling
under their jurisdiction, they are in a better position
to pass judgment thereon; so long as it is supported
by substantial evidence, even not overwhelming or
preponderant.
=opinions or statement of policy rendered by admin
agency is a mere interpretation of pre-existing law,
at best is advisory, the courts finally determines what
the law means.
Sierra Madre Trust vs Sec. of Agriculture and natural
resources.
= findings of admin agencies which acquired
expertise hence entitled with finality.

Eg. Grant of licenses, permits and leases or

approval, rejection or revocation of applications
therefor.
SBMA vs Hutchinson Ports Philippines Ltd.
= SBMA BOD and other officers are subject to the
control and supervision of the Office of the
President. SBMA is an instrumentality of he
government, all of its project require the approval of
the Office of the President. The discretion to accept
or reqject any bid, or even recall the award thereof is
of such wide latitude that the courts will generally
not interfere with
GR: Factual findings of administrative agencies
affirmed by the CA are conclusive upon and
generally not reviewable by this Court
EXN:
1. when the findings are grounded entirely on
speculation, surmises or conjectures
2. when the inference made is manifestly
mistaken, absurd or impossible
3. when there is grave abuse of discretion
4. the judgment is based on a misapprehension
of facts
5. findings of fact are conflicting
6. in making its findings, the CA went beyond
the issues or the findings are contrary to the
admissions of both the appellant and
appellee
7. findings are conclusions without citation of
specific evidence on which they are based
8. findings are contrary to the trial court
9. facts set forth in the petition as well as in the
petitioners main and reply briefs are not
disputed by the respondent
10. findings are premised on the supposed
absence of evidence and contradicted by the
evidence on record.
11. CA manifestly overlooked certain relevant
facts not disputed by the parties which if
properly considered would justify a different
conclusion

QUESTIONS OF LAW
GR: Admin bodies may be allowed to resolve
questions of law in the exercise of their Q-judicial
function as an incident of their primary power of
regulation
EXN: Only tentative at best and may be reviewed by
the courts.
As a rule, it is only the judicial tribunal than can
interpret and decide questions of law with finality.
Courts nevertheless use it sparingly since the
interpretation of admin bodies are accorded with
respect due to the presumption that constant
exposure to the law will make them experts, and will
develop in them a mastery of its provisions that will
give them a proper insight as to its meaning and the
way it should be enforced.
But in reviewing admin decisions on legal questions,
courts may annul admin interpretation of law if it
has not been correctly applied since the courts
finally determine what the law means
Eg. Jaywalking, violation of an ordinance
prohibiting a cochero from sitting inside the calesa
are not grounds for disqualification from public
office since these are not criminal per se.