Administrative Law results from the fusion of different types of governmental powers in

CHAPTER I certain public officers which are part of the executive branch of the
INTRODUCTION government

Distinguished from International law

Concept of Administrative Law
ADMIN LAW INTERNATIONAL LAW
a. Belongs to the field of PUBLIC LAW; involves Constitutional law, Criminal
lays down rules which shall guide cannot be regarded as binding upon the
law, and International law. the officers of the administration officers of ANY government in their
b. Widest sense: entire system of laws under which the machinery of the in their action as AGENTS OF THE relation to their own government
state works and by which the state performs all government acts. GOVERNMENT EXCEPT: insofar as it has been adopted
c. Broad definition: law which provides the structure of government and into the ADMIN LAW OF THE STATE
prescribes its processes and procedures.
d. Less comprehensive sense: part of public law which fixes the organization
Distinguished from Constitutional law
and determines the competence of the administrative Authorities and
ADMIN LAW CONSTITUIONAL LAW
indicates to the individuals remedies for the violation of his rights.
carries out the plan in the prescribes the general plan or framework
e. Branch of modern law under which the executive department interferes minutest detail of the governmental organization
with the conduct of the individual for promoting the well-being of the
community; law concerning powers and procedures of administrative stress upon the right of individual treats of the rights of individuals
agencies. and emphasizes the power of
government and duties of the
Scope of Administrative law citizens
It is:
a. The law which fixes the administrative organization and indicates to individual remedies prescribes limitations on the powers of
structure of the government. for the violation of their rights the government to protect the rights of
b. The law, the execution or enforcement of which is entrusted to individuals against abuse in their exercise
administrative authorities (all those public officers and organs of
the government charged with amplification, application, and execution administrative law is necessary supplement of the constitution
of the law). since it fixes or regulates administrative organization of the
c. The law which governs public officers government
d. The law which creates administrative agencies, defines their also, administrative law complements the Constitution
powers and functions, prescribes their procedures
e. The law which provides the remedies to those aggrieved by Distinguished from Criminal Law
administrative actions or decisions Criminal law: consists of body of penal sanctions which are applied to ALL
f. The law which governs judicial review or relief against branches of the law including administrative law
administrative actions Note that: the mere affixing of a penalty to the violation of a rule of
g. The rules, regulations, orders and decisions made by administrative law DOES NOT deprive such rule of its administrative
administrative authorities. character
h. The body of judicial decisions/doctrines on any of the above.
Distinguished from the Law of Public Administration
Concerns of administrative law PUBLIC ADMINISTRATION ADMINISTRATIVE LAW
1. PRIVATE RIGHTS has to do with practical the subject matter of administrative
protection of private rights management and direction of law is PUBLIC ADMINISTRATION
includes nature and the mode of administrative power and system of the various organs of the State The true field of Administrative law
relief against administrative actions execution of state policies by refers only to the EXTERNAL ASPECT of
2. Delegated Powers and Combined powers executive and administrative public administration
concerned with officers and agencies exercising delegated powers and officers so, NARROWER BRANCH
not with the exercise of the constitutional powers of the President

Principal subdivisions of administrative law

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( note that the distinction is relative rather than absolute) AS TO ITS SOURCE 1. the law that controls administrative agencies
constitution
1. The law of internal administration statutes
treats of the legal relations between judicial decisions
o the GOVERNMENT and its ADMINISTRATIVE OFFICERS executive order
o administrative officer or organ to another administrative order
institutional side (going concern) 2. the law made by administrative authorities
o includes the legal structure or organization of public general regulations and particular determinations
administration personnel, material, fiscal and planning
activities, over-all management activities AS TO ITS PURPOSE 1. adjective or procedural administrative law
o legal qualification for office, disqualifications of officers, establishes the procure which an agency must or may
appointment, tenure. Compensation, and pensioning of allow in the pursuit of its legal purpose
officers, etc.
derived from consti, statutes or agency regulations
2. The law of external administration
2. substantive administrative law
concerned with the legal relations between:
establishment of primary rights and duties
o administrative authorities and private interests
(a) survey of powers and duties of adm. Authorities that relate to
AS TO ITS 1. general administrative law
private interest directly
APPLICABILITY general in nature and common to all or most
(b) analysis of SCOPE and LIMITS of such powers
(c) some account of the SANCTIONS attached as well as the government agencies
MEANS of ENFORCEMENT chiefly procedural law
(d) examination of the REMEDIES against official action includes due process clauses
note: administrative law is principal concerned with administrative regulation 2. special or particular administrative law
rather than administrative management pertains to particular agencies
proceeds from particular statue creating the individual
Classification of administrative law agency
has little application in connection with other agencies
mostly substantive law

Origin and development of administrative law

1. Recognition as a distinct category of law
Rapid expansion of administrative agencies and their increased
functions that a substantial body of jurisprudence has developed in the
field and general recognition has been given to ADMINISTRATIVE LAW
as distinct category of law

2. Multiplication of government functions

as modern life became more complex, the subject of government
regulations correspondingly increased which, in turn, caused a
multiplication of government functions, necessitating an enormous
expansion of public administration
specialization

3. Growth and utilization of administrative agencies

administrative law developed as the natural accompaniment of the
growth of administrative agencies and their utilization in the response
to the needs of a changing society
developed in response to the need for broad social or governmental
control over COMPLEX CONDITNOS and activities which in their detail
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 CANNOT BE DEALT with directly in an EFFECTIVE manner by the
legislature or judiciary.
4. Fusion of different powers of government in administrative agencies
administrative law, resulted from the increased functions of the
government, the recent tremendous growth in administrative agencies
and the fact that the agencies created in this period where much more
conventional
3 powers of the government fused in one body
5. A law in the making
In our jurisdiction, administrative law is still in its formative years
Advantages of the Administrative Process
1. Advantages of administration as compared with executive action
insures greater uniformity and impersonality of action
examples:
o patents
o public lands
o social security
o tax administration
o labor relations
2. Limitations upon the Powers of the Courts
issuances of rules an regulations of general applicability
fixing of rates or prices
o involves future conduct
3. Trend towards preventive legislation
desire for more effective and more flexible preventive remedies
example: licensing as form of regulation
4. Limitations upon Effective Legislation
lack of time and specialized knowledge,
lack of staff for securing expert information,
complexity of problems which arise even within the framework of a
general policy,
and harmful rigidity which would result from attempting to anticipate
in a statue the variety and changing character of the situations which
emerge in every aspect of life
5. Limitations upon exclusively judicial enforcement
many courts would vary their application of the law
since the courts could not take the initiative in enforcement, that
initiative would fall to many prosecutors or law enforcement agencies
and not to private individuals
NO UNIFORMITY in the policy
6. Advantages of continuity of attertion and clearly allocated responsibility
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administrative agencies have the time and facilities to become and to
remain continuously informed and they can be given unified
responsibility for effectuating the broad policies laid by congress
7. Need for organization to dispose of volume of business and to provide the
necessary records
specialized staffs and machinery to keep and make available the
records upon the judgment on thousands of applications as in licensing
Criticisms against administrative action
1. Tendency towards ARBITRARINESS
2. LACK OF KNOWLEDGE AND APTITUDE in sound judicial technique
3. Susceptibility to POLITICAL BIAS OR PRESSURE (uncertainty of tenure)
4. Disregard for SAFEGUARDS in full and fair hearing
5. Absence of STANDARD RULES OF PROCEDURE
6. Dangerous combination of the 3 functions/powers of the government
Relation between administrative agencies and courts
1. Collaborative
Courts may entertain action brought before them,
But they should call to their aid appropriate administrative agency on
questions within administrative competence
2. Role of Courts
a. Accommodate the administrative process to the traditional judicial
system
b. Accommodate private rights and public interest
c. Reconcile democratic safeguards and standards of fair play
3. Discharge of judicial role
Courts must aim to:
Maintain the Constitution by seeing that powers are NOT unlawfully
vested in Administrative agencies
Give due deference to the role of administrative agencies> > not to
usurp unwarrantedly nor limit their functions
Lend the powers of the court to proper attainment of the valid
objectives of the agency
Leave to the legislature or the peoples the remedy for administrative
action
o Courts are not advisers of administrative agencies
Administration of government distinguished from administration of
justice
Administration of government Administration of justice
determine what the law is in order to decision of controversies between
determine whether they are competent to individuals and government officers
act and they must decide whether in case as to applicability in the cases in
they are competent to acts if it wise for question of a particular rule of law
them to act
Administration as a separate power When the purpose of a statute is to abolish a
In the traditional classification of governmental power, no recognition is department/office/organization and replace it with another, the lawmaking
given to administration as a separate function of government authority says so.
It was, and still is confused with and treated as a part of the executive
A conversion of a state college into a university does not abolish the
function
It cannot be so plainly defined because it may slightly overlap the original entity if the law does not specify that the entity was being
legislative or the judicial field abolished. The change in name and curriculum should be considered a
1. As a function change in the academic status
“Administration” is the execution (in non-judicial matters) of the law Congress can delegate to the president the power to create positions,
o In this narrow but proper sense, administration is the activity create, abolish and merge offices in the executive department to but the
of the executive officers of the government reorganization must be made in accordance with the law and it must
Legislation: laying down rules or laws for the future
also be made in good faith
2. As an organization
The administration: the most important administrative authority Meaning of administrative agency
The group or aggregate of persons in whose hands the reins of the Administrative agency – the term used generally to describe an agency
government are for the time being exercising some significant combination of executive, legislative, and judicial
BOTH THE FUNCTION OF EXECTION OF LAW AND TOTALITY OF powers. It is a government body charged with administering and implementing
EXECUTIVE AND ADMINISTRATIVE AUTHORITIES particular legislation

Administration as an organization distinguished from government

o Includes boards, commissions, divisions, bureaus, departments, and even
government: institution or aggregate of institutions by which an
“office”  and  “authority”
independent society makes and carries out rules of action which are
necessary to enable men to live in a civilized state o Term is usually employed to denote the functionaries with which
administration: aggregate of those persons in whose hands the reins administrative law is concerned
of government are entrusted by the people for the time being o Embraces   “administrator”   or   “administrators”   or   “administrative  
tribunal”
o Does not preclude the referring to only a single officer
CHAPTER II o Agency of the government – any of the various units of the
NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES Government, including a department, bureau, office, instrumentality of
GOCC,  or  an  LGU  or  a  distinct  unit  therein.  “National  agency”  refers  to    unit  
A. Status and Characteristics of   the   national   Government   while   “local   agency”   refers   to   a   unit   of   the  
Creation, reorganization and abolition of administrative agencies Local Government. (Administrative Code of 1987)
Administrative Agencies may be created by or receive their powers from:
1. Constitutional provisions (May or may not be self-executing) Administrative Agency A Court
2. Legislative enactments
a. Administrative agencies of statutory origin are subject to A large organization (generally) A tribunal presided by one or more
expansion and contraction of their powers and functions staffed by men who are deemed jurists learned in the law
b. Subject to reorganization or abolition at the will of Congress experts in their particular field
c. Congress may vest in the President the power to reorganize
the administrative agencies and redistribute functions Performs a variety of functions: Only function is Judicial
3. The Executive may also create administrative agencies Quasi-legislative, quasi-judicial,
a. Particularly under statutes so providing executive.
In the creation/establishment of administrative agencies, Constitutional
restrictions that apply to legislative acts also apply Uses varying degree of discretion in More or less governed by fixed rules
Duly executed acts of administrative agencies have valid effects beyond arriving at decisions and often in arriving at its decisions and bound
the lifespan of the agency proceeds without being bound by by the rules that no final adjudication
technical rules of evidence or is to be made until after due notice to
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 procedure the parties with a full and fair hearing
Status or character of particular administrative agencies
Status and character of the agencies depend on the Constitutional and
statutory provisions creating them and the rights/duties/functions
conferred on them
1. As Public or governmental agencies
a. Agencies of the state or government
b. Represent no private interests, but functioning within the scope of
their powers in behalf of the government
c. Possess real power to act for the government
2. As judicial bodies or courts
a. Not actual courts nor part of the judicial system
b. Not courts in the strict sense
i. Cannot exercise purely judicial functions
ii. Not bound in their proceedings by all the rules applicable
to judicial proceedings
c. Their function is not to adjudicate impartially but to represent a
public interest
i. because of their investigatory and inquisitorial powers or
because
ii. or because they exercise commingled legislative,
executive and judicial functions
d. Courts in the broad sense
i. They exercise powers adjudicatory and judicial in nature
ii. Proceedings may partake of the nature of judicial
proceedings
iii. Commonly referred to as the quasi-judicial power
3. As legislative or executive agencies
Certain administrative agencies are deemed agents of the legislative
branch and NOT of the executive branch
In other cases, the agencies are deemed agents of the executive
department
a. Administrative agencies are said to be the arms and
instrumentalities of the legislative
i. May perform functions of a legislative or quasi-legislative
character
ii. But without legislative power in the strict sense
b. Also viewed as part of the executive branch, especially competent
to deal with matters within their authority by reason of
experience, information, careful study and expertise
4. As independent or subordinate bodies
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a. Independent bodies – an agency independent of the executive
branch. One not subject to a superior head of department
i. CSC, Comelec, COA
b. Subordinate bodies – a body whose action is subject to
administrative review or revision
5. As corporate bodies or legal entities
a. Some administrative agencies are corporate bodies with legal
capacity to sue and be sued
b. Other agencies have also been held to constitute legal entities
with perpetual existence apart from their members, thus
empowered to bring suit
Main Characteristics of administrative agencies
1. Size
Many administrative agencies are necessarily large
The size reflects the jurisdiction of the agency and the character of their
work
The staff includes many people performing a variety of tasks which are
coordinated,  supervised,  and  directed  toward  the  fulfillment  of  the  agency’s  
functions
2. Specialization
Administrative agencies specialize and their personnel includes ersons with
technical or professional training in their particular field
o A central problem of organization is how to utilize these skills of
training and experience best
o This does not mean that the members of a regulatory board or
commission need to be specialist
Rather it means that the expertise and available technical
resources are made available to them to come up with the
proper decision
Specialization has a bearing upon procedure
o An   agency’s   background of knowledge and experience and its
equipment for investigation enable it to do much of its work by
informal methods without the necessity of formal hearings
This also has an impact upon its procedures for formal
adjudication and for rule-making
3. Responsibility for Results
A particular administrative agency is charged by Congress with
accomplishing a particular statutory end
a. The various agencies, taken together, are charged with the
responsibility for making good to people a major part of the ends
of the democratic government
i. The agencies cannot take a wholly passive attitude
toward the issues that come before them
 ii. They cannot take a purely neutral attitude toward
accomplishment of the task which they are charged
iii. They must take the initiative
b. Administrative agencies supply the motive power of the
government, but at the same time, motive power calls for brakes
i. This gives rise to the problem of combining prosecution
and adjudication in the same agency;
ii. They must combine the responsibility of effective
enforcement of public policy with fair play to the private
interests being regulated
4. Variety of administrative duties
May be seen within a single agency as well as between different agencies
This makes generalization in description difficult
o Even more difficult is generalization in prescription
There is a variety in their functions; as well as a variety in the
circumstances and conditions under which their activities impinge upon
private individuals
Consequence of characteristics
Each of the four characteristics contributes and necessitates an important
characteristic of administrative procedure: delegation of function and
authority.
1. Internal organization which involves allocation of functions among the
members and staff of the agency
a. Necessitated by:
i. Large staff
ii. Many duties of the agency
iii. Necessity of harmonizing the responsibility for results
iv. Duty of deciding correctly in adjudication
v. Practical need for the fullest utilization of its special skills
and expertise
2. The Major work of the heads of an agency is normally supervision and
direction
a. They cannot themselves be specialists in all phases
b. But specialists must be readily available
c. Other persons must do bulk of the daily work
d. The heads function like CEOs, they should not be consumed by
the small details
i. Delegation is key
Delegation of function and authority
1. The 4 types of delegation
a. Delegation of internal management
b. Delegation of authority to dispose of routine matters
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c. Delegation of authority to dispose of matters informally, or to
initiate formal proceedings
d. Delegation of authority and function in formal proceedings
i. Includes delegation of authority and function in formal
proceedings
2. Degree
Delegation may be a matter of degree
Delegation may be combined with supervision and control
Such supervision and control may call for:
a. The statement by agency heads of policies which have crystallized
for routine application by subordinates
b. The consideration by agency heads of cases in which the
application of established policy is difficult, or in which policy has
not crystallized
c. The requirement of weekly or even dally reports to agency heads
Under like safeguards, delegation may involve decentralization by
delegation to field offices
Types of administrative agencies
1. Government is offering some gratuity, grant, or special privilege
a. Philippine   Veterans   Administration,   GSIS,   Public   Attorney’s  
Office, etc
2. Government is seeking to carry on certain functions of government
a. BIR, LRA, Bureau of Customs
3. Government is performing some business service for the public
a. Philippine Postal Corp., PNR, MWSA, NFA, NHA
4. Government seeks to regulate businesses affected with public interest
a. Insurance Commission, LTFRB, HLURB, ERB, Bureau of Mines
and Geo-Sciences
5. Government is seeking under police power to regulate private
businesses and individuals
a. SEC, MTRCB, GAB, Dangerous Drugs Board, Bureau of Trade
Regulation and Consumer Protection
6. Government is seeking to adjust individual controversies because of
some strong social policy involved
a. NLRC, Employees Compensation Commission, Social Security
Commission, SEC, DAR, Commission on Audit
An agency may fall under more than one type
B. Administrative Organization
Distribution of Powers of government
Administrative organization – the administrative structure of the
government including its political subdivisions and the allocation of powers,
functions, and duties to its various units or agencies.
1. Traditional Branches (under the Constitution and the Administrative Code)
1) Legislative power – vested in Congress, except to the extent
retained by the people under the provisions on initiative and
referendum
2) Executive power – vested in the President
3) Judicial power – vested in the Supreme Court, and such lower
courts as may be established by law
Powers expressly vested in any branch of government shall not be
exercised by, nor delegated to ay other branch of Government except to
the extent authorized by the Constitution
2. Special Bodies and Agencies
Three independent Constitutional Commissions
o Civil Service Commission
o Commission on Elections
o Commission on Audit
Exercise the powers and functions conferred upon by the Constitution and
the law
Other independent agencies include the office of the Ombudsman, and the
Commission on Human Rights
The state is mandated to establish an independent central monetary
authority and a national police commission
Organization of the office of the President
1. Office of the President Proper
a. Private office
Personal services for him and his family
b. Executive Office
Headed by the Executive Secretary
Fully responsive to the specific needs and requirements of
the President to fulfill the objectives of his office
c. Common Staff Support System
Offices or units under the general categories of development
and management, general government administration and
internal administration
d. Presidential Special Assistants/Advisers
Special assistants/advisers as needed by the President
Provide consultative services in such fields/conditions as
determined by the President
2. Agencies under the Office of the President
a. Under the chairmanship of the president
b. Under the supervision and control of the president
c. Under the administrative supervision of the office of the president
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d. Those attached to it for policy and proper coordination
e. Those that are not placed by the law/order creating them under
any special department
3. The President:
a. subject to the policy in the executive office,
b. and in order to achieve simplicity, economy, and efficiency
shall have continuing authority to organize the administrative structure of the
Office of the President.
For this purpose, he may:
a. Restructure the internal organization of the Office of the President
Proper by abolishing, consolidating, or merging units thereof or
transferring functions from one unit to another
b. Transfer any function under the Office of the President to any other
Department or Agency
a. As well as transfer functions to the Office of the President
from other Departments and Agencies
c. Transfer agency under the Office of the President to any other
department or agency as well as transfer agencies to the Office of the
President from other departments or agencies
Organization of Departments
Department – refers to an executive department created by law. It includes
any instrumentality having or assigned the rank of a department regardless of
its name or designation.
(1) Number, purpose, and decentralization:
(a) The Executive Branch shall have such Departments as are necessary
for the functional distribution of the work of the President and for the
performance of their functions
(b) The Departments shall be organized and maintained to insure their
capacity to plan and implement programs in accordance with
established national policies
(c) Bureaus and offices under each Department shall be grouped primarily
on the basis of major functions to achieve simplicity, economy and
efficiency in government operations and minimize duplication and
overlap of activities
(d) The functions of the different Departments shall be decentralized in
order to reduce red tape, free central officials from administrative
details concerning field operations and relieve them from unnecessary
involvement in routine and local matters.
(2) Department Proper
(a) Unless provided by the RAC or law, the Department proper shall
include the Office of the Secretary and the staff units directly under it.
The Office of the Secretary shall consist of the Secretary and the
 Undersecretary(ies), together with the personnel in their immediate
offices
(b) Every Secretary shall be assisted by such number of Undersecretaries
as may be provided by the RAC/law
(c) Whenever necessary, Assistant Secretary position(s) may be created
to form part of the Department proper
(d) In the absence of special provisions, the major staff units of each
department shall be the services which shall include:
1. Planning Service
2. Financial and Management Service
3. Administrative Service
4. Technical and Legal Service (when necessary)
(3) Jurisdiction Over Bureaus
Each Department shall have jurisdiction over bureaus, offices,
regulatory agencies, and government corporations assigned to it by
law
(4) Assignment of offices and agencies, etc.
The President shall, by EO, assign offices and agencies not otherwise
assigned by law to any department, or indicate to which department a
government corporation or board may be attached
Secretaries, Undersecretaries, and Assistant Secretaries
The authority and responsibility for the exercise of the mandate of the
Department and for the discharge of its powers and functions shall be
vested in the Secretary
o He shall have Supervision and Control of the Department
The Undersecretary shall advise and assist the Secretary in the Formulation
and implementation of department objectives and policies
o He shall Temporarily discharge the duties of the Secretary in case
of  the  latter’s  absence  or  inability  to  do  so
The Assistant Secretary shall perform such duties and functions as may be
provided by law or assigned to him by the Secretary
Department Services
1. Planning Service
Provides the department with economical, efficient, and effective
services relating to planning, programming and project development
Also discharges other functions provided by law
2. Financial and Management Service
Advise and assist the Secretary on budgetary, financial, and
management matters
3. Administrative Service
Provide the Department with economical, efficient, and effective
services relating to personnel legal assistance, information, records,
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delivery, and receipt of correspondence, supplies, equipment,
collections, disbursement, security and custodial work
4. Technical Service
Take charge of technical staff activities essential to a department
which cannot be allocated to the three other services or to the bureaus
5. Legal Service
Provided where the operations of the department involve substantial
legal work
o In such a case, the Administrative Service will not have a
Legal Division
It shall provide legal advice to the department
Where the workload of the department does not warrant a Legal
Service or a Legal Division:
o There shall be one or more legal assistants in the Office of the
Secretary
Organization of Bureaus
Bureau – refers to any principal subdivision or unit of any department. It shall
include 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)
Performs a single major function or closely related functions. Each Bureau
shall be headed by a Director who may have one or more Assistant
Directors as provided by law.
Powers and duties of heads of bureaus or offices
1. The head of the bureau or office shall be its chief executive officer. He shall
exercise   overall   authority   in   matters   within   the   bureau   or   office’s  
jurisdiction, including those relating to its operations. He shall enforce all
laws and regulations pertaining to it
2. He shall appoint personnel to all positions in his bureau or office in
accordance with law.
a. In case of line bureaus, the head shall also appoint the second
level personnel of the regional offices unless the power has been
delegated.
b. He may discipline employees in accordance with Civil Service Law
3. He may, in the interest of economy, designate the assistant head to act as
chief of any division or unit within the organization, in addition to his duties
but without additional compensation
4. He shall - consistent with law, rules and regulations – prescribe the form
and fix the amount of all bonds executed by private parties to the
government under the laws pertaining to I bureau or office.
a. He shall pass on the sufficiency of the security and retain
possession of the bond
5. He shall prescribe forms and issue circulars or orders to secure the
harmonious and efficient administration of his bureau or office and to carry
into full effect the laws relating to matters within his jurisdiction.
a. Penalties shall not be prescribed in any circular or order for its
violation unless expressly allowed by law
6. He is authorized to issue orders regarding the administration of its internal
affairs for the guidance of or compliance by its officers and employees
Staff Bureau – shall primarily perform policy, program development and
advisory functions. It shall avail itself of the planning, financial and
administrative services in the department proper, if circumstances so warrant
The Director of a staff bureau shall:
1. Advise and Assist he Office of the Secretary on matters pertaining to the
Bureau’s  area  of  specialization
2. Provide consultative and advisory services to the regional offices of the
department
3. Develop plans, programs, operating standards, and administrative
techniques for the attainment of the objectives and functions of the bureau
4. Perform such other duties as provided by law
Line Bureau – shall directly implement programs adopted pursuant to
department policies and plans. It may have staff units, as may be necessary,
corresponding to the services of the department proper. If the Bureau is small,
only a single unit performing combined staff functions may be provided
The Director of a line bureau shall:
1. Exercise supervision and control over all division and other units, including
regional offices, under the bureau
2. Establish policies and standards for the operations of the bureau pursuant
to the plans and programs of the department
3. Promulgate rules and regulations necessary to carry out bureau objectives,
policies and functions
4. Perform such other duties as may be provided by law
Organization of Field Offices
1. Regional Offices
o They shall be established according to law defining field service areas
o The administrative regions shall be composed of the NCR and Regions I to
XII. Provincial and district offices may be established only by law when
necessary
o Except as otherwise provided by law and when the needs of the service
require, the department or agency shall organize on an integrated regional
office on a department or agency-wide basis
2. Administration
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o The regional office shall be headed by a Regional Director who may be
assisted by 1 assistant Regional unless provided for by law
o The Regional Director shall be responsible for department or agency
functions performed in the region under his jurisdiction
3. Supervision
o Whenever the function or activity of a department or agency requires
central or inter-regional action, the function may be performed by the
regional offices under the supervision and control of the department proper
or line bureau concerned
o The staff bureau or division shall perform primarily advisory or auxiliary
functions and exercise in behalf of the department or agency functional
supervision over the regional offices.
4. Organization
o Regional offices organized on a department-wide basis shall have units or
personnel in which the functional areas of the staff bureaus and services in
the department shall be represented.
o Regional offices of a line bureau may have units or personnel in which the
functional areas of the primary units of the bureau are represented.
o Related functions of regional units shall be consolidated
5. Functions of a Regional Office
a. Implement laws, policies, plans, programs, rules and regulations of the
department/agency in the regional area
b. Provide economical, efficient and effective service to the people in the
area
c. Coordinate with the regional offices of other departments, bureaus,
and agencies in the area
d. Coordinate with the local government units in the area
e. Perform such other functions as provided by law
o District offices may be established only in cases of clear necessity
Definition of an Administrative Relationship
Supervision and Control
Includes the authority to:
a. Act directly whenever a specific function is entrusted by law or regulation
to a subordinate
b. Direct the performance of a duty; restrain the commission of acts
c. Review, approve, reverse, or modify acts and decisions of subordinates
d. Determine priorities in the execution of plans and programs
e. Prescribe standards, guidelines, plans and programs
Unless a different meaning is explicitly provided by specific law governing
the  relationship  of  particular  agencies,  “control”  shall  encompass  the  above  
definition
Administrative Supervision
It shall govern the administrative relationship between a department or its
equivalent and regulatory agencies or other agencies as may be provided
for by law
1. To generally oversee the operations of such agencies and to insure that
they are managed effectively, efficiently, and economically without
interference with day-to-day activities
2. To require the submission of reports and cause the conduct of
management audit, performance evaluation, and inspection to determine
compliance with policies, standards and guidelines of the department
3. To take such action as may be necessary for the proper performance of
official functions, including rectification of violations, abuses and other
forms of maladministration
4. To review and pass upon budget proposals of such agencies but my not
increase or add to them
o However, such authority shall not extend to:
1. Appointments and other personnel actions in accordance with the
decentralization of personnel functions under the code
a. Except when appeal is made from an action of the appointing
authority, in which case the appeal shall be initially sent to the
department or its equivalent, subject to appeal
2. Contracts entered into by the agency in the pursuit of its objectives, the
review of which and other procedures related thereto shall be governed by
appropriate laws, rules and regulations
3. The power to review, reverse, revise, or modify the decisions of regulatory
agencies in the exercise of their regulatory or quasi-judicial functions
1. Unless a different meaning is explicitly provided by specific law governing
the   relationship   of   particular   agencies,   “supervision”   shall   encompass   the  
above definition
Attachment
2. Lateral relationship between the department or its equivalent and the
attached agency or corporation for the purpose of policy and program
coordination
3. How coordination may be accomplished?
1. have the department represented in the governing board of attached
agency
2. have attached corporation or agency comply with a system of periodic
reporting reflecting the progress of the programs
3. have the department provide general policies through its
representatives in the board which will be the framework for internal
policies
matters of day-to-day administration or internal operations:
o shall be left to the discretion or judgment of the executive officer of
the agency
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o if Secretary or head of Board strongly disagrees on the interpretation
and application of policies, he shall bring matter to the PRESIDENT for
resolution
GOCCs
o if attached to a department shall submit to the Secretary concerned
their audited financial statements within 60 days after the close of the
fiscal year
should any GOCCs incur an operating deficit at close of fiscal year
o it shall be subject to administrative supervision of the department and
the   corporation’s   operating   and   capital budget shall be subject to the
department’s  examination
Functions and powers of the Department Secretary
1. Advise the President in issuing orders, regulations or promulgations
relative to matters under the jurisdiction of his Department
2. Establish the policies and standards for the operation of the
Department pursuant t the approved programs of governments
3. Promulgate rules and regulations necessary to carry out the
department objectives, plans, policies or projects
4. Promulgate administrative issuances necessary for administration of
the offices under the Secretary and proper execution of related laws.
5. Exercise disciplinary powers over officers and employees under the
Secretary in accordance with law
a. Includes the investigation and designation of a committee to
conduct the investigation
6. Appoint all officers and employees of the Department except those
whose appointments are vested in the President of another authority.
a. If the department is regionalized on a department-wide basis:
the Secretary shall appoint employees to the positions in the
second level in the regional offices
7. Exercise jurisdiction over all bureaus, offices, agencies and
corporations under the Department
8. Delegate   authority   to   officers   and   employees   under   the   Secretary’s  
direction in accordance with the RAC
9. Other functions provided by law
Authority of Department Secretary
He shall have supervision and control over the bureaus, offices, and agencies
under him subject to the following:
1. initiative and freedom of action on part of subordinates shall be
encouraged and promoted
2. with respect to functions involving DISCRETION, experienced
judgment or expertise vested by the law upon a subordinate he shall
exercise control over that subordinate in accordance with the law
3. regulatory functions of an agency subject to departmental control:
governed by this code
a. (not applicable to chartered institutions and GOCCs)

Delegation of Authority
The Secretary has authority and responsibility over the operation of his agency.
He may delegate such authority to the bureau and regional directors as may be
necessary.
Delegation shall be to the extent necessary for economical, efficient
and effective implementation of national/ local programs
delegation shall be IN WRITING
indicate to which officer or officers the delegation is made
vest sufficient authority to enable the delegate to DISCHARGE
his assigned responsibility
Line Bureau Authority
Line Bureaus of a Department exercise supervision and control over
REGIONAL AND FIELD OFFICES
o They shall be directly responsible for the development and
implementation of plans and programs
The Regional and other field offices shall constitute the OPERATING ARMS
of the bureau for DIRECT IMPLEMENTATION OF PLANS
o Undertakes bureau operations within their respective jurisdiction
o Directly responsible to their bureau director
Relationships  of  GOCC’s  to  the  Department
Government-owned or –controlled corporations – refer to an agency
organized as a 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 at least to
the extent of 50% of its capital stock
1. May be categorized further by the DBM, CSC, and the COA for
purposes of the exercise and discharge of their respective powers and
responsibilities
2. Shall be attached to the appropriate department with which they have
allied functions or as provided by executive order for policy and
program coordination
3. To fully protect the interests of the government, at least 1/3 of the
members   of   the   Boards   of   GOCC’s   should   either   be   a   Secretary,   an  
Undersecretary, or an Assistant Secretary
Relationship of Regulatory agencies to the department
Regulatory Agency – refers to any agency expressly vested with jurisdiction
to regulate, administer or adjudicate matters affecting substantial rights and
interests of private persons, the principal power of which are exercised by a
collective body, such as a commission, board, or council
1) subject to the administrative supervision of the department under
which  they  are  placed  (except  for  GOCC’s)
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2) heads or regulatory agencies shall submit ANUALLY (for approval of
the Secretary) their budgets, operating costs and work plans
3) Regulatory agencies may avail of the common auxiliary and
management services of the department as may be convenient and
economical for their operations
CHAPTER III
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
A. In General
Meaning of powers and functions
“powers”  and  “functions”  are  used  conjunctively
o They are also interchangeable
o “Functions”  denotes  a  broader  field  of  activities  than  “powers”
Function – that which one is bound to do; it is his business to do
Powers – the means by which the functions are fulfilled
Source of Powers
Powers  don’t  always come from a single source
Sources: The Constitution, enabling statutes
Failure to exercise the powers granted does not forfeit nor extinguish them
Scope of Powers
Not all administrative agencies perform the same functions or exercise the
same types of powers
Powers may be investigative, rule-making, or determinative or a
combination of any of them
1. Express and implied Powers
The jurisdiction and powers of administrative bodies are measured and
limited by the Constitution or by the law granting them powers
Powers may be conferred expressly or by necessary implication
o Without a statutory provision expressly or impliedly granting
jurisdiction to an administrative officer, he has no authority to
take cognizance of the subject matter
o The successor of an administrative agency cannot claim to have
more powers than its predecessor in the absence of law expanding
its powers
o Statutes conferring powers on administrative agencies must be
liberally construed to enable them to discharge their assigned
duties in accordance with the legislative purpose
o Where a general power is conferred by law, every particular power
necessary for the exercise/performance of the other is also
deemed conferred
2. Inherent Powers
4. Administrative agencies have no inherent powers
o Although implied  powers  may  be  spoken  of  as  “inherent”

3. Quasi-judicial Powers
5. Official powers cannot be merely assumed by administrative officers
6. They cannot be created by the courts through their judicial powers
7. Powers have to be granted by the Constitution or Statute
a. Unless expressly empowered, administrative agencies are bereft
of quasi-judicial powers
i. Jurisdiction over controversies must be conferred by statute
ii. Administrative agencies cannot confer jurisdiction upon
themselves even if the exercise of such power will
prevent/stop violations of the law
b. Administrative agencies are tribunals of limited jurisdiction
i. Can only exercise powers specifically granted by enabling
statutes
ii. They have, however, the presumption of regularity in the
performance of their official functions
Nature of Powers
Jurisdiction: limited
8. Generally, the jurisdiction of administrative agencies is special and limited
9. They possess only powers and jurisdiction as conferred by the Constitution
or by the enabling statutes
o Plus those powers deemed conferred by necessary implication
Powers within their jurisdiction: broad
10. Powers conferred must be commensurate with the duties they have been
tasked to perform
11. Within their fields and jurisdiction, their powers are broad and plenary
12. Courts may only interfere if their power/authority has been manifestly
abused
13. Persons dealing with administrative officers/agencies are tasked with notice
of their authority to act, including knowledge of the limits of their powers
Powers; subject to the Constitution, applicable law, administrative regulation
14. Government agencies must respect the presumption of constitutionality
and legality which statutes and regulations are entitled to (until repeal,
amendment, struck down by the Courts)
15. Administrative bodies cannot substitute its judgement for the applicable
law until the law has been set aside
What constitutes administrative power or administrative function
16. The term administrative power or function is a convenient term and not a
technical term
Powers not explicitly legislative, executive and judicial
17. Administrative power has been said to be any power not explicitly allocated
in the Constitution
18. Applied in describing powers which may be:
o vested in agencies other than the legislature without delegating
legislative powers,
o vested in tribunals other than the courts without infringing upon
judicial power,
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o and functions which may not be imposed upon a member of the
judiciary
Powers involve exercise of judgement and discretion
19. Perhaps the most important administrative function is the exercise of
judgement and discretion
20. Regulatory and Control powers of an administrative agency are frequently
described  as  “administrative”
o They are actually judicial in nature
21. The   power   to   make   rules   is   also   referred   to   as   “administrative”   though
legislative in nature
22. Application of law and rules is executive or administrative in nature
23. In the exercise of their functions and making decisions, quasi-judicial
bodies must not restrict themselves to literal interpretations of the words
o A complete and holistic view must be taken to render proper and
just judgement
Classification of administrative powers
As to nature
1. Investigatory powers
2. Quasi-legislative or rule-making powers
3. Quasi-judicial or adjudicatory powers
24. The regulatory power of an administrative agency may be legislative or
judicial, depending on the circumstances
25. The power to conduct investigations and to carry out the provisions of law
is executive or administrative
26. When the power to carry out the provisions of law is adjudicatory when it
involves the exercise of judgement and discretion
As to degree of subjective choice
1. Discretionary
2. Ministerial
Discretionary and ministerial powers
1. Discretion may be defined as the power or right conferred upon public
functionaries by law to act according to the dictates of their own
judgement and conscience and not be controlled by the judgement of
others
2. Ministerial duty is one wherein nothing is left to discretion. It is a
simple, definite duty arising under conditions admitted or proved to
exist and imposed by law.
a. Ministerial act – one performed in response to a duty which
has positively been imposed by law and its performance
required at a time and in a manner or upon conditions
specifically designated
27. Necessity may exist for the ascertainment of the facts or conditions, the
existence of which converts an act into a clear and specific duty
o This does not operate to convert a ministerial act into a
discretionary one, and vice versa
 o If the conditions are determined to exist, the administrative
officer will have no discretion in the application of the
power/duties
B. Investigatory Powers
Generally
1. Scope
power to inspect the records and premises, investigate the activities of
persons coming under its jurisdiction
power to secure or require the disclosure of information by means of
accounts, records, reports, statements, testimony of witnesses
require the production of documents
this power is conferred on practically ALL administrative agencies
The investigatory powers of administrative agencies (power to
initiate action) is one of the distinctive functions which sets them
apart from the courts
2. As Sole Powers Granted
Some agencies only have the power to act as investigatory or advisory
bodies
They exist solely to secure and provide information
3. As Aid to Other Powers
Inquisitorial powers may also be used as an aid to other powers they
possess
Investigatory power consists in gathering, organizing, and analyzing
evidence
agencies use this kind of power to inform themselves of particular
situations to determine whether they should take further action, in the
execution of particular powers or duties
such as in cases of adjudication of particular matters
Investigation is indispensable to prosecution
Test in determining whether an administrative body is exercising judicial
functions or merely investigatory powers:
Adjudication
o Signifies the existence of power and authority to adjudicate upon
rights and obligations of parties before it
Investigation
o If the only purpose is to evaluate evidence submitted to it based on
the facts and circumstances
o Agency is not authorized to make any final pronouncement affecting
the parties
o There is an absence of judicial discretion and judgment
Scope and Extent of Powers
1. Initiation of Investigation
may initiate an investigation ON A COMPLAINT or ON ITS OWN
MOTION
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however, some administrative agencies may be required to made
certain investigations as a MANDATORY DUTY
2. Conduct of Investigation
usually and may properly be held in PUBLIC
must be conducted that HARMFUL PUBLICITY will NOT be used in
lieu of sanctions provided by law
3. Inspection and examination
May be authorized to enter premises and inspect or examine such
premises or things or operations therein (particularly books and
records)
Some statutes authorize administrative agencies to enter and
inspect such places/records as they may deem necessary or
appropriate to determine id there has been a violation of the law
being administered
A fact-finding body such as LTFRB has the power to take into
consideration the result of its OWN OBSERVATION and
INVESTIGATION of the matter submitted to it for decision, in
connection with other evidence presented at the hearing of the
case
4. Requirements as to accounts, records, reports or statements
agencies are given the power to prescribe forms and methods of
accounts, records, and memoranda for the business under their
control
they are given the power to inspect the books, papers and records
they are given the power to require the filing of reports
also, some agencies are given the power, for purpose of
investigation, the right to copy any documentary evidence of any
person being investigated
Some agencies have the power to have, at all reasonable times,
access to and the right to copy documentary evidence on any
person being investigated
5. REQUIRING ATTENDANCE OF WITNESSES AND GIVING OF
TESTIMONY
GR: Administrative agencies HAVE NO inherent power to require the
attendance of witnesses before them nor to put them under oath and
require to testify
exceptions
i. EX: if a statute confers power upon them
ii. EX: through court process, where a statute provide for
application to court to enforce obedience to a subpoena
of an agency or the giving of testimony
Note: power to compel witness to testify cannot be inferred from grant of
authority to summon. It must be EXPRESSLY given by the enabling
statute
Administrative agencies may compel/secure the attendance of witnesses by
resorting to judicial process
 2. Investigations are useful for:
6. Hearing i. rule making
GR: hearing is not necessary part of an investigation by an admin. Agency ii. adjudication
The requirement that there be an investigation carried with it no command iii. licensing
to conduct a quasi-judicial hearing iv. prosecuting
v. supervising and directing
vi. determining general policies
7. Contempt Proceedings
vii. recommending legislation
persons failing to attend, give testimony and produce records at an
viii. obtain information upon which future action of legislative or judicial
investigative proceeding may be punished for contempt
nature may be taken
NOTE: that an admin. Body CANNOT exercise its power to punish a person
for contempt IN ABSENCE of any statutory grant
C. Rule Making Powers
since this power is inherently vested with the court
Generally
The agency must therefore, resort to judicial process for contempt
1. Nature
proceedings
Rule-making powers are legislative in nature
o But not exercised by the legislature
8. Application of technical rules of procedure and evidence
Referred to as Quasi-legislative powers
It is not totally uncommon that a government agency is given a wide
Delegated to administrative agencies by the legislature
latitude in the scope and exercise of its investigative powers
Essential legislative functions may not be delegated to them
In an administrative proceeding, technical rules of procedure and evidence
o In the strict sense, administrative agencies have no legislative
are not strictly applied
power
o Precluded from legislating in the Strict Sense
Right to Counsel in administrative investigation Rule Making power is delegated/conferred to allow them to implement the
Hearing not a part of criminal prosecution law they are tasked to enforce
Under existing laws, a party in an administrative inquiry may or may not Rule-making powers necessarily include the power to amend, revise, alter
be assisted by counsel or repeal rules and regulations
o Irrespective of the nature of the charges   and   the   respondent’s  
capacity to represent himself 2. Necessity
No duty rests on the administrative body to furnish the person being Necessity because of the impracticability of the lawmakers providing
investigated with a lawyer general regulations for various and varying details of management
o In administrative proceedings, respondent has a right to engage Legislature has the power to vest the authority to do so in administrative
the services of counsel or not agencies
Thus, the right to counsel is not always imperative in administrative The Power is also called subordinate legislation
investigations o Power is given to adapt to increasing complexities of modern life
o Such inquiries are conducted merely to determine whether there and the variety of public functions
are facts that merit disciplinary measures against erring public o Specialization, even in legislation, has become necessary
officials or employees Administrative bodies may implement broad policies laid down in statute
o The hearing conducted is not part of a criminal prosecution o By  “filling  in”  the  details  which  the  Legislature did not provide
Exclusionary rule in custodial investigation not applicable 3. Conditions
Custodial investigation is the stage where police investigation is no longer a Valid exception to the rule of non-delegation of Legislative power
general inquiry into an unsolved crime but has begun to focus on a For the delegation to be valid, 2 conditions must concur:
particular suspect who is taken in custody 1. The statute must be complete in itself, setting forth the policy to
The right of counsel attaches only upon the start of a custodial be executed by the agency
investigation 2. The statute fixes a sufficient standard, mapping out the
Thus, the exclusionary rule in Sec. 12(3) of the Bill of Rights does not boundaries  of  the  agency’s  authority
apply to administrative investigations
4. Binding Force and Effect
Importance of Administrative Investigations A valid rule or regulation duly implemented has the force and effect of law
1. The lifeblood of the administrative process us the FLOW OF FACT, the o Binding on the agency and all those dealing with it
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 o A Regulation adopted not pursuant to or contrary to law neither Orders Rules and Regulations
has the force nor effect of law
there is more of the judicial more legislative in nature
5. Prospective/Retroactive application function and which deal with
Like statutes, rules operate prospectively and not retroactively particular present situation
Unless the legislative intent to the contrary is made manifest
Kinds of rule-making powers/rules and regulations
Legislation on the administrative level (1) Supplementary or detailed legislation
Legislative power is the power to make, alter, or repeal laws for the future By reason of particular delegation of authority
In  contrast  to  judicial  power  or  judicial  “legislation”  which  operates  on  past   (2) Interpretative legislation
transactions or existing controversies By construction and interpretation of the statute being
o Although in this jurisdiction, Judicial Legislation will also serve to administered
operate prospectively (Article 8 of Civil Code) (3) Contingent legislation or Determination
Delegated power to determine when the statute shall go into
(1) Rule-making power is legislation on the administrative level; legislation effect
within the confines of the granting statute (4) Internal rules
(a) Also known as administrative legislation, delegated legislation, Issued by an administrative superior to his subordinates
ordinance making, and quasi-legislation (5) Penal rules
(2) The power conferred upon an administrative agency to issue or promulgate Prescribes criminal sanctions
rules and regulations necessary to carry out its functions is an adequate
source of authority to delegate a particular function May be discretionary or legislative, interpretative and contingent
(a) Unless expressly withheld by statute or by implication Contingent rules are legislative
o So are procedural rules
Limitations on the rule-making power
(1) Cannot make rules inconsistent with the Constitution or with existing Legislative rules and regulations
statutes 1. A form of subordinate legislation
(2) Cannot, by rules or regulations, amend, alter, modify, supplant, can be issued only in virtue of statutory delegation
enlarge or expand, or restrict or limit the provisions or the coverage of when valid: has force and effect of law immediately upon going
the statute into effect
(3) If there is a discrepancy between basic law and the regulation supplementing the statute, filling in the details pursuant to an
implementing it, the law takes precedence enabling statute
a. Rules or regulations cannot go beyond the terms and Administrative rules may describe the general discretionary
provisions of the law policies to be followed by the agency
(4) Rules and regulations must be uniform in operation, reasonable, and 2. Characteristics
not unfair or discriminatory 2 identifying characteristics of legislative rules:
(1) the statute has delegated power to the agency to adopt the rule
Rules, regulations, and orders or rulings distinguished (2) and it provides that the rule shall, if within the delegated power,
have authoritative force
Rules Regulations
Interpretative rules and regulations
those actions of such agencies administrative opinion as to what a 1. Resemble Judicial adjudication
or officer in which the statute under construction means constitute  the  administrator’s  construction of a statute
legislative element interpret what legislature meant by by anticipating what ultimately must be done by the courts
predominates its statutory language (Construction of statute), the administrative agency is performing
it establishes a PATTERN OF interpretative a judicial function
CONDUCT to be followed interpretative regulations, have validity in judicial proceedings
aids the enforcement of ONLY TO THE EXTENT that they are CORRECTLY CONSTRUED
statute enabling it 2. Entitled to great weight and respect
interpretative rules, have force and effect of law and are entitled
to great weight and respect

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 nevertheless, interpretations by an Administrative Agency are not Congress  may  provide  that  a  law  “shall take effect upon the happening of
conclusive future  specified  contingencies”
It will be ignored if judicially found erroneous leaving to some other person or body the power to determine when the
Interpretative rulings must always be in harmony with the specified contingency has happened
statutes and should be for the sole purpose of carrying their o an ascertainment of facts and the existence of conditions
general provisions into effect o Usually involves judgment, if not discretion
Agency becomes mere agent of the legislature in ascertaining and
Legislative and interpretative rules distinguished declaring the event upon which its expressed will is to take effect
Conferring an authority of our discretion as to THE EXECUTION of the law
LEGISLATIVE RULES INTERPRETATIVE RULES o not a discretion to make the law
POWER TO CREATE product of the power to product of interpretation When the specified conditions are deemed to exist, the President/delegate
NEW LAW create  new  “law” of previously existing laws has no choice or discretion but to execute the law
because the rules have merely clarifies an
the force and effect of existing law
Procedural rules
law
o describes the methods by which the agency will carry out its appointed
NEED FOR EXPRESS may be issued only under may be issued as a functions:
DELEGATION express delegation of law necessary incident of the filing of applications
regulatory statute resolution of complaints
PRESENCE OF Usually have sanction as are but statutory serving of papers
STATUTORY provided by an enabling interpretations, which conduct of hearings
SANCTION statute have behind them NO
sanctions Ordinance power of the President
merely embody, Executive Orders (EO) o for rules of a general or permanent
administrative character in implementation or execution
interpretations of AN of CONSTITUTIONAL or STATUTORY
EXISTING LAW POWERS
Administrative Orders (AO) relates to particular aspects of
WRONGFUL NO VESTED RIGHT can be DOES NOT PLACE THE GOVERNMENTAL OPERATIONS
CONSTRUCTION acquired GOVERNMENT IN in pursuance of duties as adm. Head
ESTOPPEL
Presidential Proclamations (PP) fixing a date
Merely an advisory or
construction by the declaring a status or condition of public
administrative official moment or interest
Ultimately, it is the Courts declaring upon the existence of which the
who must decide on the operation of specific law is made to
proper Construction of depend
Statute
Memo Orders on matters of administrative detail or of
BINDING FORCE AND if valid, has same force subject to judicial
subordinate or temporary interest
EFFECT and effect as a valid determination that they
statute are not erroneous concerns only a particular office of the
interpretations Govt.
only administrative Memorandum Circulars o on matters to internal administration
findings of law which the President desires to bring to
given great weight and the attention to all or some of the dept.,
respect bureaus, etc
General or Special Orders Acts and commands in his capacity as
Commander-in-Chief of the AFP
Contingent rules and Regulations

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Administrative issuances of Secretaries, and Heads of Bureaus, Offices
or agencies
General Classification of circulars: refer to issuances prescribing
issuances policies, rules etc. pursuant to law applicable
OUTSIDE the government
orders: issuances directed to PARTICULAR
officials, officers, concerning specific matters
including assignments, details, etc.
Numbering System of issuances shall be properly be identified as such and
chronologically numbered
each class shall begin with number 1 for each
calendar year
Official logbook the date and the time record in the logbook
shall be controlling in instances when the
performance of an Administrative Act is in
issue
logbook is in custody of Administrative officer
concerned
shall be open for public inspection
Government-wide application The Records Management and Archives Office
of the classification of in General Services Administration shall
issuances provide assistance as necessary to effect
general adherence to the classification
All issuances shall be compiled and indexed
pursuant to the Administrative Code
Practical Necessity of the rule-making power
Why?
The regulation of highly complex and rapidly changing conditions requires a
method that can adapt quickly to the needs of the conditions
The role of Congress in regulation has gradually changed to that of
providing general principles of regulation
o Administrative bodies are tasked with applying those general
principles
The Inability of legislative bodies to anticipate future situations
o Legislature cannot possibly be expected to anticipate all or the
numerous possible situations
o Subordinate legislation is so important and unavoidable
Special advantages of the rule-making power
1. Freed from concern with details
legislature can concentrate upon enactment of fundamental
policies
2. Legislature has additional time to INVESTIGATE the manner in which
administrative agencies have concretized and enforced its policies
3. Rules are more easily amended that statutes
it becomes easier to correct mistakes
becomes easier to meet changing conditions
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4. Administrator is saved from red tape of legislative details
does not have to choose between defeating the central purpose of
statute by trying to work the unworkable
5. Administrator (who is constantly rubbing elbows with problems), can work
out, by trial and error, specific regulations
6. In working out specific policies, technical matters left to adm. Agencies
7. Laws are made for specific and concrete before they are applied to specific
situations
8. Interpretative regulations are a means of INCREASING THE CERTAINTY of
the law
9. Contingent legislation furnishes a means by which a policy can be
BLOCKED OUT
and operation of the statute is made to depend upon
unpredictable future contingencies
Requisites for the validity of administrative rules and regulations
1. must have been issued on the authority of law
2. they must not be contrary to law and the Constitution
3. they must be promulgated in accordance with the prescribed
procedure
in certain cases, notice and hearing may be required
they must be published in full if their purpose is to enforce
existing law pursuant to a valid delegation
The Grant of Rule-making Powers
1. By some legislative act
There must be a law authorizing it to promulgate rules and
regulations
Without such authority, an administrative rule or regulation is
null and void
2. By necessary implication from the powers expressly granted
power to fix minimum wage carries with it implied
powers to adopt rules to make it effective
Consistency with law and the Constitution
Administrative rules and regulations must not be in conflict with the law
and the Constitution
They must be within the scope and purview of the statutory authority
granted by the legislature
They must be germane to the object and purpose of the law and conform
to the standards of the law
They must be confined to details for regulating the mode of proceeding to
carry into effect the law as it has been enacted
They cannot extend, abridge, modify, alter or repeal the enable statute
In case of discrepancy, the law and the Constitution prevails
Determination of validity of rules
1. Legislative rules
a. Whether the rule relates to the subject matter on which the power
to legislate has been delegated
 b. Whether the rule conforms to the standards prescribed in the
delegating statute
c. Whether the rule is INVALID on constitutional grounds such as
DUE PROCESS
2. Interpretative rules
Whether the rule correctly interprets the statute:
There should never be an attempt to exercise
legislative powers
The rule should merely interpret what the law means
and not determine what the law is!
Tests applied in determining the validity of rules
1. A rule is invalid if it exceeds the authority given to it
2. A rule is invalid if it conflicts with the governing statute
3. A rule is void if its extends or modifies a statute
4. A rule is void if it has no reasonable relationship to the statutory
purpose
if it produces burdensome and inequitable results which are
unreasonable, it may be set aside as bearing no reasonable
relationship to the purpose of the statute
5. Courts will set aside rules deemed to be unconstitutional or arbitrary
and unreasonable
examples are due process and equal protection violations
Requirement of Reasonableness
Administrative authorities must not act arbitrarily or capriciously in the
enactment of rules and regulations
To be valid, the rules and regulations must be reasonable
1. Must bear reasonable relation to the purpose sought to be
accomplished
2. Must be supported by good reasons
no more and no less that that regulation must be
based upon reasonable ground
3. Free from Constitutional infirmities or charge of arbitrariness
due process
arbitrariness
equal protection
procedural defects
fixing rates: must not be unreasonable or unjust
A rule, although valid, may become invalid upon passage of time and
change of conditions
A liberal interpretation of the rules and regulations of an administrative
agency is justified in cases where their rigid enforcement will result in
deprivation of legal rights
Internal Rules and Regulations
Refer to administrative rules and regulations issued by a superior
administrative officer to his subordinates
1. Object
They create no relation except between the official who issues
them and the official who receives them
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Their object is simply for efficient and economical administration
of affairs of department or agency
2. Nature
Administrative in nature and do not pass beyond the limits of the
department or agency to which they are directed
Creates no rights in 3rd persons
Based only on product of a relationship between the dept. and its
officers
obedience is the object!
Penal Rules and Regulations
Refer to rules carrying penal or criminal sanctions for violation of the same
Penal regulations may be issued if the delegating statute itself makes the
violation of the administrative regulations punishable
Requisites for its validity
1. Law which authorizes the promulgation of rules/regulations must
itself provide for imposition of a penalty for their violation
2. It must fix or define such penalty
3. The violation for which the rules and regulations impose a penalty
must be punishable under the law itself
4. The rules and regulations must be published in the Official Gazette
published in full text
Nature of power to prescribe penalties
What the Congress delegates here is not the power to declare which
constitute criminal offense since this power is conferred only to the
legislature
The delegated power is the imposition of the penalty for violation of rules
and regulations which it has empowered Administrative Authorities to enact
Legal force an effect of administrative rules and regulations
1. Legislative rules have force and effect of law and are binding upon all the
parties
Valid if duly promulgated
Valid if in pursuance of properly delegated authority
Receive statutory force upon going into effect
2. Interpretative rules and regulations do not have force and effect of law
Validity is subject to challenges in court
not conclusive and will be ignored if judicially found to be clearly
erroneous or in conflict with the enabling statute or the
Constitution
3. Rules prescribing the methods or procedure within an agency have force
and effect of law and are binding upon the agency and on respondent
parties
But, agency rules do not prevent the courts from doing what
justice require and rules can be disregarded in such cases
Courts  can  deter  an  agency’s  own  interpretation  of  its  procedural  
rules if the ends of justice so require
 Will held void if in conflict with the statutory requirements
Principles of administrative construction
(1) The intention with which the rule or regulation was adopted is
controlling
a. In ascertaining the intention, the purpose may be considered
(2) An administrative rule or regulation should ordinarily be given that
construction which will, if possible, sustain its validity
a. Among many possible alternative interpretations, the most
reasonable one shall be adopted
(3) An administrative rule or regulation providing for penalties for the
violation thereof must be strictly construed
a. But not so strictly as to defeat the obvious intent for its
adoption
(4) In a suit involving a public administrative agency, rules and
regulations of such agency should be strictly construed against it in
case of ambiguities in its provisions
(5) In construing an administrative rule or regulation, the courts must look
to the administrative construction thereof where the meaning of the
words used is in doubt or where the language used is technical
(6) Administrative Rules of Procedure are construed liberally in order to
promote their object and assist parties in claiming just, speedy and
inexpensive determination of their claims and defenses
a. They may be relaxed to give way to substantive justice
b. But the party must first show prima facie hat he has a
meritorious claim or defense
Effect of reliance on rules
Invalid or unconstitutional rule
1. One who has relied on an invalid rule is substantially in the same
position as one who relied on an unconstitutional statute
2. A rule which erroneously interprets a statue is a nullity and no rights
are vested as a result of such
Amended Rule
1. Protection is accorded to parties who had relied on an administrative
rule that was subsequently amended or repealed
2. The new rule may be enforced prospectively but not applied
retroactively if such application will be detrimental to the interests of
persons who relied on the superseded rule
Retroactive operations or rules, regulations, and rulings
GR: rules are to be applied prospectively
Unless: otherwise authorized by enabling statute
Note: retroactive application will not apply:
1. If not provided in such rule/regulation (despite power conferred by the
enabling statute)
2. Where intention to that effect does not unequivocally appear
3. If it would result to unreasonable and inequitable effect
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Amendment or repeal of administrative rules and regulations
Administrative Agencies have the authority to amend, repeal, modify the
RULES it has promulgated
Requirements for its validity:
1. A change in a regulation must be made in accordance with
statutory procedural requirements (notice and hearing in
applicable cases)
2. No retroactive application, unless authorized by enabling statute
An amendment of an interpretation to correct an
erroneous application cannot be objected to as retroactive
application
This is because the later amendment is in fact the correct
application of the law
3. Even though administrative agencies are not bound by the rule of
res judicata, it is bound to recognize the validity of a rule of
conduct prescribed by it, and not to repeal its own enactment with
retroactive effect
4. Procedural rules can be liberally construed, in the interest of
justice
It is often expeditious to ignore a certain rule in a
particular case and adopt therein a different procedure than
that  contemplated  by  the  agency’s  rule
o But an agency cannot adopt a special rule of
procedure for the purpose of affecting the outcome
of a particular case or willfully ignore a rule in a
particular case
o If the disregard of  an  agency’s  procedural  rules  could  
not have prejudiced any party to the proceeding, the
departure from the prescribed rules is not fatal
Formal requirements on the promulgation, etc. of rules and regulations
4. Taken from Section 3-9 of the Administrative Code of 1987
a. Section 3: Filing
every agency shall file with the UP Law Center 3 certified copies of
every rule adopted by it; rule sin force on the date of effectivity of this
Code which are NOT filed within 3 months from that date shall NOT
thereafter be subject to any sanction against any party or persons.
Records officer: one to carry out requirements
Permanent register of all rules are to be kept and available for the
public.
b. Section 4: Effectivity
Each rule shall become effective 15 days from the date of filing unless
a different date is fixed by law
Or a different date specified in the rule in case of imminent danger to
public health, safety and welfare
c. Section 5: Publication and Reading
The UP LAW Center shall:
publish a monthly bulletin containing the text of the rules filed with it
during the preceding quarter
 keep an up-to-date codification of rules thus published and remaining
in effect D. Adjudicatory Powers
d. Section 6: Omission of Some Rules Generally
The UP Law Center may omit from the bulletin or the codification of Administrative  agencies  or  tribunals  have  and  exercise  “determinative”  
any rule or  “adjudicatory”  powers  and  functions
o if its publications would be unduly cumbersome, expensive, or Also known as quasi-judicial functions
inexpedient.
e. Section 7: Distribution of Bulletin and Codified Rules 1. Involves specific parties
The UP Law Center shall: Which involves decisions or determinations by administrative
furnish ONE FREE COPY EACH of every issue of the bulletin and of the agencies of the rights, duties and obligations of specific individuals
codified rules or supplements to the Office of the President, Congress, and persons
all appellate courts, and the National Library. As contrasted to rule-making powers which involves
f. Section8: Judicial Notice determinations in the broadest sense (generally)
The Courts shall:
Take judicial notice of the rules duly filed and published in the bulletin 2. Involve judicial function exercised by a person other than a judge
or the codified rules Quasi-judicial functions
g. Section 9: Public Participation Power to hear and determine, or ascertain facts and decide by
An agency shall, as far as practicable, publish or circulate notices of application of the rules to the ascertained facts
proposed rules and afford interested parties the opportunity to submit Administrative authorities are enabled to interpret and apply not
their views prior to the adoption of any rue. only implementing rules promulgated by them
In the fixing of rates, no rule or final order shall be valid unless BUT ALSO the laws entrusted to them for
proposed rates have been published AT LEAST 2 WEEKS before the administration
first hearing. 3. Involves  an  exercise  of  judicial  power  conveniently  styled  “quasi-judicial”
In cases of opposition, the rules on contested cases shall be observed The use of such terms as quasi-judicial power is simply a
convenient way of approving the exercise of judicial power by an
Requirements of Notice and hearing or publication administrative agency or approving the review by the courts of the
GR: prior notice and hearing are not essential to the validity of rules and exercise of such power
regulations promulgated to govern future conduct Administrative agencies are not considered courts
Not part of the judicial system
(1) Where rules do NOT apply to name or specified parties
Legislature need not require a notice or hearing as a prerequisite to Distinguished from judicial power
the act of the administrative agency, Judicial power - in the strict sense, is the power to hear, try, and determine
Since the legislature could itself have performed that act without all sorts of cases at law and equity which are brought before the courts. It is
notice or hearing the power to make a final, rather than initial determination, of what the law is
The act is quasi-legislative and adjudicate the respective legal rights or liabilities of the contending parties
(2) Where rules apply to name or specific parties with respect to the matter in controversy
The agency making such finding of fact, performs a function partaking
of a quasi-judicial character ADMINISTRATIVE JUDICIAL
The valid exercise of which demands a previous notice and hearing to
satisfy the requirement of due process Function is primarily administrative where the duty is primarily to
(3) Where requirements prescribed by law. and the power to hear and decide decide of questions of legal rights
Notices of proposed rules must be given when required by law. cases is granted as an INCIDENT to between private parties, such
(4) Where rules have the force and effect of law the administrative duty decision being the primary object
Publication is required as a condition precedent to the effectivity of a and not merely incidental to some
law in order to perform the public of the contents of the law or rules other function
and regulations before their rights and interests are affected by the freedom of action or
same. independence / absence of
Publication must be full or it is NO publication at all. control or coercive influence
(5) Where regulations merely interpretative and those internal in nature
Need NOT be published Extent of judicial or quasi-judicial powers of administrative agencies
Neither is publication required for letters of instructions JURISDICTION LIMITED limited delegation only to specialized
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 or complex questions where there is a
need for special competence and
experience
EXTENT OF POWERS DEPENDS extent of power= should be under the
LARGELY ON ENABLING ACT boundaries of the provisions of statute
creating it
SPLIT JURISDICITON NOT an agency with exclusive jurisdiction
FAVORED over all controversies relating to the
same subject matter (example: sale of
land) pertaining to its specialization
are deemed to be included within its
jurisdiction (as to hear and decide
claims for refunds)
GRANT OF PARTICUALR POWER where nothing in the law would
MUST BE IN THE LAW ITSELF suggest that a particular power has
been granted, the same cannot be
exercised
GENERAL POLICY TO UPHOLD THE
The general policy is to sustain the
EXERCISE
decision of administrative Agency not
only on the basis of the doctrine of
separation of powers but also for their
presumed knowledgability and even
expertise in the laws they are
entrusted to enforce
Distinguished from investigative power
The purpose of investigation is only to discover or obtain information, and
not the settlement or resolution of a controversy involving the facts
established by the inquiry
Adjudication is to arbitrate, judge, decide, determine, resolve and to finally
settle the rights and the duties of parties to a court case on the merits of
the issues raised
Distinguished from quasi-legislative power
RULE MAKING ADJUDICATION
looks into the future and changes declares and enforces liabilities as
existing conditions by making a new rule they stand on present or past facts
to be applied thereafter and under laws supposed to exist
addressed to indicated but unnamed applies to named persons or to
and unspecified persons or situations specific situations
general regulations that apply to or Due process, including prior notice
affect classes of persons or situations and hearing must be observed
As a general rule, prior notice and
hearing are not essential
Nature of particular acts
1. Licensing, enabling or approving
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The action in granting or denying, or in suspending or revoking, a
license, permit, franchise, or certificate of public convenience and
necessity
Not a judicial but an administrative function
discretionary refusal of a license, not made dependent on
conflicting claims is not QUASI-JUDICIAL
Although a hearing (for fact-finding purposes) upon which
the determination to grant or deny a license must be
made is a quasi-judicial function
2. Fixing rates and charges
The function of prescribing rates may be either a legislative or an
adjudicative function
if it applies to a general class of people/situation:
quasi-legislative action and no need prior notice
ii it applies to a specific person/situations: quasi-
judicial in nature, need for hearing and notice
An administrative agency may be empowered by law to approve
provisional rates even before a hearing if there is an urgent
public need
Provisional rates are temporary
BUT NOTE THAT: In any case, rates must both not be unjust,
unreasonable, or confiscatory and must have been established in
the manner prescribed by the statute
Requirements for valid rates
1. not confiscatory
2. within prescribed requirements of the enabling statute
3. must be reasonable
4. and must not be unjust
3. Miscellaneous acts
Adjudicatory powers have also been classified as administrative on one
hand or as judicial/quasi-judicial on the other hand
Examples of acts held to be administrative and not judicial:
Auditing accounts of a receiver of public moneys
Determinations of the CSC in respect to classification and grading
of positions in the civil service
Passing upon a petition to call an election
The function of draft boards
Investigation for the purpose of ascertaining the correctness of a
tax return
Making a preliminary finding of probable cause for the arrest of an
accused
Deportation of an alien
Classification of adjudicatory powers
1. Enabling powers
Grant or denial of permit or authorization
Examples: Licensing, grants of permits, certificates of public
convenience
 2. Directing powers
Illustrated by the corrective powers of public utility
commissions, or internal revenue assessors etc
Reparations under public utility laws, awards under the
workmen’s  compensation  laws
Powers of abstract determination such as definition-valuation,
classification, and fact-finding
3. Dispensing powers
Exemplified by authority to exempt from or relax a general
prohibition or authority from and affirmative duty
Sanctions a deviation from a standard
4. Summary powers
Designates an administrative Power to apply compulsion or
force against person or property to effectuate a legal purpose
without judicial warrant to authorize it
example: abatement of nuisance etc.
In the absence of a statutory grant of power, administrative
agencies generally may not themselves enforce their
determinations, at least not by direct and positive action
They must rely on the correct authorities for the
enforcement
5. Equitable powers
An administrative tribunal having power to determine the law
upon particular facts has the right to, and must consider and
make proper application of rules of equity
Sometimes, statutes expressly confer upon agencies certain
powers equitable in their nature
example: administrative Agency granted the power to
issue injunctions
In certain situations, particular agencies are expressly given
power  to  determine  what  is  “fair  and  equitable”
Equitable principles are necessarily applied in their
decisions
CHAPTER IV
SEPARATION OF ADMINISTRATIVE AND OTHER POWERS
Doctrine of Separation of Powers
The separation of powers is a fundamental principle in our system of
government
It is obtained through actual division in our Constitution
1. Allocation of Governmental Powers
Powers divided into 3 departments
Legislative
Executive
Judicial
Division precludes 1 branch of government from invading the
powers of another
2. Blending of Allocated Powers
An exact delimitation is not possible
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Separation does not mean an entire and complete separation of
powers
o Such is impracticable if not impossible
There is a certain degree of blending of the 3 powers
Blending is particularly recognized in administrative agencies
3. Exclusive Exercise of Assigned Powers
Powers assigned to 1 department should not be exercised by
another
No department should possess control or influence over others
Doctrine of non-delegation of powers
Prohibition against:
Delegation of Legislative powers
Vesting Judicial officers w/ non-judicial powers
Vesting Non-judicial officers w/ judicial powers
Effect of Delegation: unconstitutional & void
Maxim: Potestas delegata non potest delegari
o What has been delegated cannot be further delegated
Delegated power is a RIGHT & DUTY to be performed by the delegate:
By the instrumentality of his own judgment &
Not through the intervening mind of another
Delegation will be a Violation of TRUST reposed in the delegate
Non-delegation of legislative power
GR: Congress may not delegate to administrative agencies the legislative
powers vested in it
o Unless: authorized by the Constitution
Delegation will be a violation of:
o Doctrine of Separation of powers; and
o The Due Process guarantee
Doctrine of non-delegation not absolute
1. Delegation to Administrative Agencies
a. Separation of power does not preclude a certain degree of
admixture of the 3 powers in Administrative agencies
b. Admin agencies may have legislative, judicial, quasi-judicial or
executive powers
c. Administrative law - a separate category of law
2. Need for Delegation:
a. Details and questions beyond the capacity of the Legislature to
determine
i. Legislature is incapable of defining the multitudinous
details
ii. There are questions beyond the determination of the
legislature which may be necessarily left to the
determination of the executive or the admin agencies
iii. The rule is one of necessity
iv. If Legislature is not in session: it must delegate powers &
discretion to others to carry on essential functions of the
government
 b. Matters Requiring more specialized knowledge and expertise
possessed by Administrative Agencies
i. Admin agencies can deal with problems with more
expertise than the legislature or the courts
c. Requisites for a valid delegation:
i. COMPLETENESS of the statute making the delegation
ii. Presence of sufficient STANDARD
Delegation to administrative agencies
Rules of Unconstitutional Delegation of Legislative Power:
1. Power which is essentially or purely legislative in nature
This must be exercised solely by the legislature
It cannot be delegated
2. A delegation of power to make the law
Involves a Discretion of WHAT the law shall be, to WHOM it shall
be applied or WHAT ACTS are necessary to effectuate the law
Legislature may not delegate the determination of what the law
shall be
What can be delegated to the Administrative Agencies is the
discretion to determine HOW the law may be Enforced
Not what the law shall be
3. Legislature may delegate its authority to make findings of fact
Fact-finding power can be validly delegated to administrative
agencies
It is invalid where the delegation is to create conditions which
constitute the fact
4. Legislature must Declare a POLICY & FIX a STANDARD in enacting a
statute conferring discretionary powers
Agencies may be authorized  to  “fill  up  the  details”
o Carry the law into effect
o Agencies cannot extend the statute
When the legislature laid down the fundamentals of a law, it may
delegate to administrative agencies the authority to exercise such
legislative power as is necessary to carry into effect the general
legislative purpose
5. Legislature must prescribe a POLICY, STANDARD or RULE for the guidance
of administrative officers
Legislature must not vest administrative agencies with an
arbitrary and uncontrolled discretion
Sufficient Standard Test:
There must be adequate Guidelines or limitations in the law to
map out the boundaries of the delegate authority to prevent the
delegation from running riot
6. Legislature does not have to supply a Specific Formula for guidance
The essence of the program is flexibility and the adaptation of the
legislative policy to infinitely variable conditions
More liberal in permitting grants of discretion to administrative
agencies
In order to facilitate the administration of laws as the
complexity of economic and governmental conditions
increase
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7. The STANDARD may be express or implied
8. In delegating RATE-FIXING POWER, the legislature is required to prescribe
a Rate that is Reasonable & Just
a. The standard of reasonableness, even if not expressed, is
always implied
9. The Completeness test:
The statute must be complete in itself so that by appropriate
judicial review and control, any action taken pursuant to
delegated authority may be kept within the defined limits of the
authority conferred
A delegation is Complete when it states:
i. The Subject
ii. The Manner
iii. The Extent of operation
When it reaches the delegate, the only thing he will have to do is
to enforce it
The provision should be sufficiently Definite & Certain to enable
one to know his Rights & Obligations under the statute
10. The general rule which requires an express STANDARD to guide the
exercise of discretion of admin agencies is subject to exceptions
11. Rule of Non-Delegation of Legislative power does not apply when
PERMITTED by the CONSTITUTION and in case of delegation to local
governments
a. Examples: Local governments, Commissions, President
Sufficiency of Standards
1. Dependent upon certain considerations:
a. Depends upon nature of the POWER exercised &
b. The nature of the RIGHT RESTRICTED by the power
c. Depends on whether or not proper regulation or control requires
the vesting of such discretion
2. Detailed standard is Not Required
a. Necessities of modern legislation dealing with complex economic &
social problems
b. Not required in regulatory enactments under Police Power
3. Examples of Sufficient Standards:
a. Necessity, expedient, reasonable, fair, equitable, sufficient
4. Personal Judgment of the Agency as Standard
a. If Personal Judgment is UNRESTRAINED, it is not a standard or
a sufficient standard
b. Example:   “in   the   opinion”   of   the   agency   or   express   conferring of
policy-making power
Restriction on Grant of Judicial Power:
Separation of Powers also restricts the exercise of judicial functions to
administrative agencies
Legislature cannot exercise judicial functions
o Therefore, it is PRECLUDED from DELEGATING the exercise of
Judicial functions to administrative agencies or officers
Admin Agency may not perform functions that are strictly and purely
judicial in nature
 But it does not follow that administrative agencies are entirely precluded
from performing functions which are in their nature, judicial
o Hence, there are valid quasi-judicial powers
SOME JUDICIAL POWERS may be delegated
The Judicial power which may be exercised by administrative agencies is a
restricted one
o LIMITED to what is INCIDENTAL & REASONABLY NECESSARY to
the proper & efficient administration of statutes that are
committed to them for administration
o Discretion should not be arbitrary nor uncontrolled
True for delegation of both rule-making or adjudicatory
functions
Law where the standard may be expressed or contained
1. In the Law itself
a. Only the legislature may create such standards & limits
b. Implied standard: it may be found within the framework of
the statute under which the act is to be performed or inhere
in the Subject Matter or purpose
2. Standard found in Other SOURCES:
a. Other pertinent legislations
b. Executive order
c. Filed of law governing the operation of the agencies
Exceptions to Rule Requiring Standards or Guides
Instances wherein uncontrolled discretion may be vested on administrative
agencies:
1. In the handling of STATE Property or Funds
2. A Power which is not directly or exclusively a LEGISLATIVE one and in
the exercise of which, the State is supreme & may act at its pleasure
3. In a purely administrative field; as regards matters of internal
administration
4. Power of BOARD to make Recommendations which bind no one
5. Nature of PRIVILEGES as to the
a. Using of property
b. Engaging in occupations or
c. Committing of acts w/c may be forbidden by are harmless
6. IMPRACTICAL to lay down a definite comprehensive rule
a. Example: question of personal fitness
7. Act relates to Administration of Police Regulation & necessary to
protect the
a. General welfare
b. Morals &
c. Safety of the public
In such instances, the Court will infer that the Standard of
Reasonableness is to be applied
Permissible Delegation of Legislative Power Under the Constitution:
Article VI, Sec 23: In times of war or national emergency, the
PRESIDENT is authorized to exercise powers necessary to carry out a
declared national policy
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Article VI, Sec 28: President is authorized to impose tariff rates,
import & export quotas, tonnage & wharfage dues & other duties or
imposts
Article VI, Sec 32: Initiative & referendum whereby people can
directly propose & enact laws, approve or reject any act or law past by
the Congress
Article X, Sec 3: Local Government Code
Article X, Sec 5: Local Government Unit power to create own
source of Revenues, levy taxes, fees & charges
Article X, Sec 10:- Division, creation, merger or abolition of province,
city, municipality majority votes cast in a PLEBISCITE in the political
units directly affected
Article X, Sec 18: Creation of Autonomous Region
o Approval of majority votes of constituent units in a Plebiscite
Article X, Sec 20: Organic Act of Autonomous Regions shall provide
for Legislative powers over
o Admin org
o Creation of revenues
o General welfare
Delegation of Legislative Powers to Local Governments:
Local Affairs shall be managed by local authorities
General Affairs shall be managed by central authority
Not a transfer of General legislative power but a
o GRANT of authority to prescribe local regulations
CHAPTER V
ADMINISTRATIVE PROCEEDINGS
Generally
The discussion on administrative proceedings is concerned principally
with the adjudicatory or determinative powers of administrative
agencies
In a single determination an administrative agency may act in both a
legislative and a judicial capacity
A duty imposed upon an administrative agency which requires a quasi-
judicial proceeding as a requisite of action is widely different from
ordinary executive action.
o Fundamental procedural requirements are to be observed
o To exclude any arbitrary action by the agency
When an appeal has been taken to court, the administrative
proceeding is at an end
o It is merged in the decree of the court
Character of proceedings
The proceedings are Adversary in nature despite many of them being
made ex parte
A proceeding is adversary in substance if it may result in an order in
favor of one person against another
 o The primary purpose of the agency is to protect public
interests
Proceedings before administrative bodies are in the nature of judicial
proceedings if they involve:
1) A taking and evaluation of evidence
2) Determination of facts based upon the evidence presented
3) Rendering an order/decision supported by the facts proved
Civil, not criminal, in nature
o Particular proceedings before an administrative agency have
been held civil rather than criminal in nature
o Ex: departmental trials, disciplinary proceedings, license
revocation, quarantine, deportation
o This is true even though the charge is for the violation of a
penal law
o Fairness requires the observance of some basic rules under
criminal procedure
o Administrative proceedings are not exempt from basic and
fundamental procedural principles such as due process
Adjudicatory proceedings before administrative agencies are not
actions at law or litigation between private parties
o It is a public proceeding looking to public end
o Some administrative proceedings are neither preventive nor
compensatory, but are preventive and remedial to implement
a public policy
Jurisdiction
Jurisdiction – the power and authority given by law to hear and decide a
case; consists of TWO elements—jurisdiction over SUBJECT-MATTER and
jurisdiction over the PERSON.
(1) Necessity
Essential to give validity to the determinations of administrative
agencies;
Without jurisdiction, their acts are void and open to collateral attack.
Void judgment is no judgment at all; cannot be appealed
(2) Source
Administrative agencies are tribunals of LIMITED JURISDICTION
The jurisdiction is dependent entirely upon the validity and the terms
of the statutes reposing power in them
o When jurisdiction is established by the Constitution, a statute
attempting to enlarge such jurisdiction is unconstitutional
(3) Conduct; waiver; estoppels
An administrative agency CANNOT enlarge its own jurisdiction
Nor can jurisdiction be conferred upon an agency by the parties
An   administrative   agency’s   jurisdiction   cannot   be   subject   to   (2) Reasonable method
agreement, contract, waiver or estoppels
o But  a  party’s  active  participation  in  the  case  is  tantamount  to   a statutory procedure
his  recognition  of  the  tribunal’s  jurisdiction
o It may be a bar to his impugning the jurisdiction of the
tribunal after the resolution of the case
(4) Determination of existence
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When a particular statute authorizes an administrative agency to act in
a particular situation, it necessarily confers upon such agency
authority to determine whether the situation is such as to authorize
the agency to act;
However, an administrative   agency’s   determination   as   to   its  
jurisdiction is NOT conclusive to the courts
(5) Failure to exercise power
While the failure of an agency for a long time to use an important
power may indicate that the power does not exist;
o Failure to exercise jurisdiction does not result in its loss
(6) Expiration or repeal of statute
The expiration of a statute may be held NOT to deprive an
administrative agency of jurisdiction to enforce the statute as to
liabilities incurred while the statute was in force
o Where a general saving statute continues such liabilities
Repeal of a statute while proceedings are pending and prior to the
filing of an order
o May remover any support in law for such an order
o If there is no saving clause
(7) Jurisdiction of Courts
Administrative agencies are creatures of the law and they have NO
general powers but only such as conferred by law;
Where the law confines in an administrative officer the power to
determine particular questions or matters upon facts presented:
o The jurisdiction of such office shall prevail over courts.
Sec. (2) The Doctrine of Primary jurisdiction:
o If the determination requires the expertise, specialized skills
and knowledge of the proper administrative bodies because
technical matters or intricate questions of facts are involved,:
o Then relief must first be obtained in an administrative
proceeding before remedy will be supplied by the courts
Procedure to be followed
Sec. (3) Administrative procedure is generally not that which is prescribed for
ordinary civil actions
(1) Statute and/or rules
o The procedure may be prescribed in the statute creating the agency or
in the rules promulgated by the agency by authority of law;
o Administrative rules of procedure are to be construed liberally in order
to effect the just, speedy and inexpensive settlement and disposition
of disputes
o Rules of procedure may be relaxed to relieve a litigant of an injustice
not commensurate with his failure to comply with the prescribed
procedure
o The enforcement of statutory rights is not foreclosed by the absence of
o Where the statute does NOT require any particular method of
procedure to be followed by an administrative agency, the agency may
adopt any reasonable method to carry out its functions;
 o It is a well-known rule that in proceedings before administrative
bodies, technical rules of procedure are NOT binding
o Administrative due process cannot be fully equated with strict judicial
due process
o The important consideration is that both parties were afforded
an opportunity to be heard and they availed themselves of it
to present their positions
o However, administrative agencies are not free to disregard the basic
demands of due process
(3) Informal methods of adjudication
o Despite the fact that formal procedure is generally available, a great
mass of administrative adjudications are made informally
o Especially where the decision is made upon inspection or
tests, or complaints are disposed of by consent or by
correspondence.
o Even where a hearing is NOT involved, informality cannot be carried to
the point of violating statutory requirements.
Rules on adjudication under the Administrative Code
As found in Book VII of the 1987 Administrative Code (Sec. 10-26)
Sec. (10) Compromise and Arbitration
every agency shall, in the public interest, encourage amicable
settlement, compromise and arbitration.
Sec. (11) Notice and Hearing in contested cases
ALL parties shall be entitled to notice and hearing;
The notice shall be served AT LEAST 5 DAYS before the date of hearing
The notice shall state the DATE, TIME, and PLACE of the hearing
Parties shall be given opportunity to present evidence and argument
on ALL issues.
Sec. (12) Rules of Evidence – in a contested case
1. The Agency may admit evidence commonly accepted by reasonably
prudent men.
2. Documentary evidence may be a reproduction, with opportunity of
other party to compare with the original.
3. Every party shall have the right to cross-examine witnesses against
him and present rebuttal evidence
4. Agency may take judicial notice of any technical or scientific facts
within in its specialized knowledge.
Sec. (13) Subpoena
The agency shall have the power to require the attendance of
witnesses or the production of books, papers, documents and other
pertinent data;
In case of disobedience, agency may invoke the aid of the RTC within
whose jurisdiction the contested case falls
o Court may punish contumacy or refusal as contempt
Sec. (14) Decision
Every decision rendered by the agency in a contested case shall be in
WRITING
Decision shall state clearly and distinctly the facts and the law on
which it is based;
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The agency shall decide WITHIN 30 DAYS following the submission
Sec. (15) Finality of Order
Decision shall be final and executory 15 DAYS after the receipt of a
copy thereof by the party adversely affected
Unless administrative appeal or judicial review has been perfected
One motion for reconsideration may be filed
o MR shall suspend the running of the said period
Sec. (16) Publication and Compilation of decisions
5. Every agency shall publish and make available for public inspection all
decisions and final orders
6. It shall be the duty of the RECORDS OFFICER of the agency to prepare
a register or compilation of those decisions or final orders.
Sec. (17) Licensing Procedure
7. Cancellation of license requires the procedure above mentioned.
8. License may not be withdrawn except for
a. Willful violation of pertinent laws, rules and regulation;
b. Or when public health and safety requires.
Sec. (18) Non-expiration of License
An existing license shall not expire if the licensee makes a timely
application for the renewal or for a new license
Existing license (for an activity of a continuing nature) shall not expire
until the application shall apply
Chapter 4 (Administrative Appeal in Contested Cases)
Sec. (19) Appeal
An appeal from a final decision of the agency may be taken to the
DEPARTMENT HEAD
Sec. (20) Perfection of Administrative Appeals
Appeals shall be perfected within 15 DAYS after the receipt of a copy
of the decision complained of by the party adversely affected.
If an MR is denied, the movant shall have the right to perfect his
appeal during the remainder of the period for appeal, reckoned from
receipt of the resolution of denial;
If reversed on reconsideration, the aggrieved party shall have 15 DAYS
from receipt of the resolution with which to perfect his appeal.
Agency shall, upon perfection of appeal, transmit records to the
APPELLATE AGENCY
Sec. (21) Effect of Appeal
The appeal shall stay the decision appealed from if the appellate
agency does NOT direct otherwise
Sec. (22) Action on Appeal
The appellate agency may review the record of the proceedings
It may also receive additional evidence, upon its own initiative or upon
a motion
Sec. (23) Finality of Decision of Appellate Agency
Becomes final 15 DAYS after receipt of the decision by the parties.
Sec. (24) Hearing Officers
Each agency shall have such number of qualified and competent
members of the bar
 To serve as hearing officers dependent on necessity.
Sec. (25) Judicial Review
1. Agency decisions shall be subject to judicial review
2. Any party aggrieved or adversely affected by an agency decision may
seek judicial review.
3. Action for judicial review may be brought against the AGENCY, its
OFFICERS, and ALL INDISPENSABLE AND NECESSARY PARTIES
4. Appeal shall be perfected by filing a notice of appeal with the agency
within 15 DAYS from receipt of copy of the agency decision
o Copies of the petition shall be served upon the agency and
ALL parties of records
5. Petition for review shall be perfected within 15 DAYS from receipt of
the final administrative decision;
o 1 Motion for reconsideration may be allowed.
o If MR is denied, the movant shall perfect his appeal during the
remaining period for appeal
o If the decision is reversed upon reconsideration, appellant
shall have 15 days from receipt of the resolution to perfect his
appeal
Review proceeding shall be filed in the court specified by statute or (in
the absence of statute) any court of competent jurisdiction
Reviews shall be made on the basis of the record taken as a whole
o Findings of fact of an agency, when supported by substantial
evidence, shall be final
o Unless specifically provided otherwise by law
Sec. (26) Transmission of Record
Within 15 DAYS from the service of the petition for review, the agency
shall transmit to the court the original or a certified copy of the entire
records of the proceeding under review
These provisions shall apply to all agencies except Congress, the Judiciary,
Constitutional Commissions, military establishments in all matters relating to
Armed Forces personnel, the Board of Pardons and Parole, and state
universities and colleges
Controversies among government offices and corporations
1. How settled –
All disputes between or among government agencies and corporations
are settled administratively in the manner provided by the
Administrative Code (Book IV, Chap. 14)
This does not apply to disputes involving Congress, the Judiciary,
Constitutional Commissions, and local governments
2. Disputes involving questions of law
Shall be submitted to and settled or adjudicated by the Secretary of
Justice
Acting as the Attorney-General of the national government
and as ex officio legal  adviser  of  all  GOCC’s
His ruling shall be binding on all the parties concerned
3. Disputes involving questions of Fact and Law.—
Settled by:
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o Solicitor-General, if the dispute, claim or controversy involves
only departments, bureaus, offices, and other agencies of the
National Government as well as the GOCCs.
o Secretary of Justice, in all other cases not mentioned above.
4. Arbitration.—
The determination of factual issues may be referred to an arbitration
panel composed of one representative from each of the parties
involved
To be presided over by a representative of the Sec of Justice or the
Solicitor General, as the case may be
5. Appeals.—
As a rule, the decision of Sol-Gen and Secretary of Justice is
binding and final;
Exception is when the claim involves 1 million pesos, in which case,
the dispute may be appealed to the President.
The decision of the President shall be final
6. Rules and regulations.—
Secretary of Justice has the duty to craft the rules and regulations
necessary
Due Process of law in administrative adjudication
1. Nature-
The right to Due Process is not merely statutory but a constitutional
right;
It applies to, and must be observed in judicial as well as administrative
proceedings to every case which may deprive a person of life, liberty
and property.
The liberality of procedure in administrative actions is still subject to
the fundamental requirement of Due Process
2. Essence-
Procedural due process is embodied in the basic requirement of notice
and a real opportunity to be heard
Parties need to be given a fair and reasonable opportunity to be heard
Strict judicial due process cannot be fully equated to administrative
due process; it is enough that a party is given a chance to be heard
before a decision is made
Aside from verbal presentation and oral argument, the right to be
heard may also be exercised through pleadings and written argument
without a formal or trial-type hearing
What is frowned upon is the denial  of  opportunity  to  be  heard.  “cross  
examination”   of   the   adverse   party   and   his   witnesses   is   not   a  
requirement when the opportunity to be heard has been given
3. Standard—
Administrative tribunals exercising quasi-judicial powers are thus free
from the rigidity of certain procedural requirements observed in the
courts.
The standard of due process in administrative tribunals allows a
certain latitude as long as the element of fairness is not ignored
4. Requisites- (code:NOTaF)
a. Right to notice (actual or constructive)
 b. Reasonable opportunity to defend rights and present
witness/evidence.
c. A tribunal so constituted as to give him reasonable
assurance of honesty and impartiality, and on of competent
jurisdiction
d. A finding or decision by that tribunal supported by substantial
evidence presented at the hearing or at least ascertained in the
records or disclosed to the parties affected.
5. Right to Counsel
Although some administrative proceedings may resemble criminal
proceedings
o A party in an administrative inquiry may or may not be
assisted by counsel
o Irrespective of the nature of the charges and the
respondent’s  capacity  to  represent  himself
In administrative proceedings, the right to counsel is not imperative
6. Effect of non-observance-
Denial of due process constitutes Grave Abuse of Discretion;
The decision and the proceedings may be invalidated
A decision is VOID for lack of Due Process if as a result, a party is
deprived of the opportunity to be heard
A void decision may be assailed directly or collaterally
Institution of Proceedings
The manner of institution depends on the nature and the purpose served by the
agency and the governing statutes
a. Some proceedings are instituted by simple ex parte applications
i. Application for license, permit, approval, benefits
b. Others are instituted by filing of a charge or complaint by an aggrieved
person, on the basis of which a notice of hearing is issued
c. Under other statutes, particular administrative agencies may institute
proceedings on their own initiative, motion, or complaint
Necessity for notice and hearing
(1) General rule: notice and hearing not essential when agency exercises
administrative, executive, or legislative functions.
(2) In quasi-judicial function: the parties are entitled to notice and hearing.
a. Hearing does not connote a full adversarial proceeding
b. Again, opportunity to be heard
(3) Even in administrative proceedings (quasi-judicial) notice is not
indispensible, but the opportunity to be heard must at all times be afforded
to the parties
(4) Due Process requirements are usually found in the statute conferring a
particular power in the agency
a. But if no such right is granted in the statute or regulation, the
right is derived from the Constitutional guarantee of due process
b. Notice to enable a party to be heard and to present evidence is
not a mere technicality or a trivial matter in any judicial or quasi-
judicial proceedings. The service of summons is a very vital and
indispensable ingredient of Due Process
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(5) Parties who choose not to avail themselves of the opportunity to answer
despite notice cannot validly complain of a denial of due process
Sufficiency of notice
Where a statute or rule provides the manner, form, and time of notice, the
notice must conform with the prescribed provisions, at least substantially,
and a statutory provision may NOT be altered by a rule of the agency.
Due Process of law is afforded in administrative proceedings by
constructive service of notice or process on parties
Notice by publication pursuant to provisions of a statute prescribing such
notice will sustain jurisdiction
Procedural rules governing service of summons are not strictly construed in
quasi-judicial proceedings
Substantial compliance therewith is sufficient
Waiver of right to notice
A failure to comply with the requirements as to notice and process may
result in a FAILURE TO ACQUIRE JURISDICTION;
Notice may be WAIVED; for instance, if general appearance is entered
though it was not acquired by proper service of notice or process
Personal notice is not required where it is impossible to give such notice o
all interested parties, which parties are unknown
Denial of due process may be cured
a. When an agency fails to afford previous notice, it may be cured by
subsequently giving the party an opportunity to be heard.
b. Motion for reconsideration is a means to cure the defect of notice.
Because in a MR, a party has the opportunity to be heard.
c. A motion for reconsideration or an appeal is curative in character on
the issue of alleged denial of due process
Elements or essential of right to hearing
Scope of right:
1. Right to present his case or defense, and submit his evidence, oral
or documentary, in support thereof;
2. Right to know the claims of the opposing party and to meet the
other party;
3. Right to cross-examine witnesses for a full disclosure of the facts;
and
4. Right to submit rebuttal evidence.
Actual hearing is not always essential
Actual hearing is not always an indispensable aspect of due process
As long as the party was given the opportunity to defend his interests
in due course
Not necessary that an actual hearing was conducted
Duty of administrative body to consider the evidence presented
a. The administrative agency/officer cannot set aside any evidence
adduced by a party without notice or consideration
 b. The right to adduce evidence has a corresponding duty on the part of
the agency to consider the evidence
c. The official or body must act on its own consideration of the law and
the facts of the controversy, and not simply accept the views of a
subordinate
Investigation and hearing distinguished
INVESTIGATION HEARING
By government officials, which may be held There are parties and issues of law and of
in private are informal proceedings to obtain fact to be tried and at the conclusion of the
information to govern future actions, have hearing, action is taken which may affect the
NO parties, and are NOT proceedings in parties’   rights   and   parties   are   entitled   to   be  
which action is taken against anyone. present in person and by counsel, participate
in the hearing, and entitled to be furnished a
record of the proceedings.
Requirement of notice and hearing by law or regulation
Where provided by law
When a statute requires notice and hearing in reaching an
administrative determination, such statutory requisite must be met or
the determination is invalid
Where not provided by law
A statute reposing power in an administrative agency to determine
particular questions may be deemed to contain provisions for notice
and hearing as required by the due process of law
In the absence of express statutory provision, the question whether
there is a right to notice and hearing is to be determined by the terms
of the particular statute an attendant circumstances
o In matters involving a mere privilege and not a property right
has been refused by the courts as requiring a hearing
Liquor, racing or license
But revocation of such license can only be “for
cause”
It is implied to require a hearing of facts
o A  provision  for  n  “investigation”  does  not  require  a  hearing
The provision for a hearing in one situation or part of
a statute may support the inference that the
omission of such a provision with regard to another
situation or in another part of the statute was
intentional
Meant to deny any right to the hearing
Where provided by regulation
Even if a statute or due process of law does not require notice and
hearing in a particular administrative proceeding of a determinative
nature
o The regulations of the agency frequently so provide
o In such a case, the agency regulations may be held to
embrace all the elements of a fair hearing
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Constitutional requirement of notice and hearing
The fundamental requirement of due process of law is notice and hearing
o The opportunity to be heard
In the exercise of quasi-judicial or adjudicative powers, administrative
agencies may not deprive a person of his protected rights of life liberty and
property without notice and an adequate and fair hearing
o Neither may statute empower them to do so
These are absolutely essential to due process
Essential only when an administrative body is exercising a quasi-judicial
function
o Not in executive or legislative functions
Proceedings in which no hearing is required
Due process dependent upon the circumstances
In judicial proceedings, a day in court is a matter of right
Not in administrative proceedings since they rest on different principles
The presence of a party is not always the cornerstone of due process
o Especially true where much must be left to the discretion of
administrative officers in applying a law
What is due process of law depends upon the circumstances
o Varies with the subject matter and the necessities of the situation
Nature of the right affected
Notice and hearing are necessary in order to comply with due process of
law only when a constitutional right is claimed to be invaded
The Constitution does not require a trial-type hearing in every conceivable
case of government impairment of private interest
o Where the purpose of an administrative determination is to decide
whether a right or privilege which an applicant does not possess
shall be granted or withheld:
In the exercise of a discretion vested by statute, notice
and hearing is not necessary
Statute may provide for such determinations without
requiring notice and hearing
o If no property or personal rights are involved but only a privilege
Notice and hearing may not be essential to due process
of law
o Where a right is granted conditionally and subject to termination
It may be withdrawn in accordance to with the conditions
it was subjected to
Including the absence of any right to hearing
Nature of power exercised
Notice and hearing is not essential where the power exercised is:
o Legislative
o Executive
o Administrative
o Ministerial in nature
o Or the government is engaged in the dispatch of internal affairs
Such proceeding may not be used to deprive a person of his
constitutionally protected rights without notice or hearing
 There are cases where the quasi-judicial determination by administrative
officers must be exercised summarily and without prior notice or hearing:
o Summary abatement of a nuisance per se
o Summary proceedings of distraint and levy upon the property of a
delinquent taxpayer
o Preventive suspension of a public officer pending investigation
o Interlocutory orders may be issued ex parte in administrative
proceedings without previous notice and hearing
However, the right to take such summary action recognize the right to a
hearing or relief after the event
o This is sufficient to afford due process of law
o Regulatory boards have the authority to grant ex parte
provisional relief without need for a hearing
o A hearing shall called for the determination of its final decision
o The grant of such provisional relief must be based on substantive
evidence
No hearing necessary when the agency merely passed upon the sufficiency
of the evidence passed before an office under it
Waiver of right
The right to a hearing or the right to particular elements of a fair trial may
be waived
One may not claim to have been denied due process when he did not
afford himself of the right granted
Applicability of rules governing judicial proceedings
The provisions of the rules of court may be applied suppletorily to
administrative proceedings in the absence of different and valid statutory
or administrative provisions prescribing the ground rules
Strict legal rules are not applicable
The procedure is usually not as formal and strict as that of a court
The regularity of such proceedings is not to be tested by strict legal rules
prevalent in courts of law
Due process requirement to be observed
Although administrative agencies are not restricted by formal rules of
procedure, they must act within their jurisdiction
They cannot exceed their jurisdiction nor dispense with the basic rules in
proving allegations
Exemption from strict legal rules does not empower it to act arbitrarily
They are not authorized to exempt from the due process guarantee in the
exercise of its quasi-judicial powers
No power to make conclusions of fact before hearing all the parties
concerned
Delegation of authority to hear and receive evidence
The power to decide rests solely in the administrative agency vested by the
law with the power
But the agency is not precluded from delegating the power to receive
evidence, hold a hearing, and make reports
The decision of the agency will be made based on the report
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Requisites:
1. Essential that judgment and discretion re finally exercised by the
proper officer authorized by law
2. Essential that due process requirements are observed
3. Essential that proper officer acts of his own independent judgment
Evidence in administrative proceedings
1. Application of strict rules of evidence
Administrative agency is not bound by the strict rules of evidence
governing court proceedings
Nevertheless, it may properly apply such rules or substantially conform
to them
It may also waive them if necessary to ascertain substantial rights
They are freed from applying technical rules required in Court
2. Particular judicial rules
The best evidence rule
Transactions between 2 parties should not be used against a third
party
Expert and opinion evidence
Privileges of witnesses
Proper authentication of records
Use of interrogatories
Contradiction  of  one’s  own  witness
3. Essential rules of evidence
The freedom from the application of technical rules of procedure
should not be construed as a license to disregard certain evidentiary
rules
The evidence must have probative value
The proper allocation of the burden of proof
The degree of proof
The right to know the evidence submitted or to be considered
Right to inspect documents, cross-examine witnesses
Offer evidence in explanation or rebuttal
4. Probative value
Evidence must be substantial
Complainant has the burden of proving by substantial evidence his
allegations
Substantial evidence is such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion
Irrelevant, immaterial or unduly repetitious evidence or testimonies
without probative value should be excluded
Where two conflicting occasions are supported by substantial evidence,
the administrative body may choose which to uphold
o The one upheld must be more believable than the other
5. Hearsay rule
The substance of a testimony should be given under oath
Nevertheless, hearsay evidence has been held admissible in
administrative proceedings for limited purposes, especially when not
objected to
It may be used for supplementing or explaining any direct evidence
 Hearsay is inadmissible when the question is not a matter of opinion,
but a question of fact
6. Admissions and declarations
Dying declarations, declarations of deceased persons against their
interest, other declarations against interest are admissible
But self-serving declarations are generally excluded
7. Evidence offered during the hearing
All parties in an administrative proceeding must be fully or fairly
appraised of the evidence submitted or to be considered
Nothing can be treated as evidence unless formally introduced in the
proceeding and the parties have been notified
Evidence without any rational probative value may not be the basis of
an order or decision
8. Agency files and records
It is improper for an administrative agency in an adjudicatory
proceeding to base its findings upon facts gathered from its own files
If they do not introduce the files in evidence
Same is true upon facts obtained from other cases pending or
previously decided by the tribunal
An administrative agency may take judicial notice of data on file or
results reached by it in other tribunal where such is made known and
there is adequate opportunity for rebuttal
9. Secret or confidential information
In adjudicatory proceedings primarily involving private litigants,
information cannot be withheld from the parties on the ground that it
is of confidential nature
It cannot be used as the basis for the decision
But a right to hearing does not include the right to know information
which must be kept secret in the public interest
10. Quantum of proof
Burden of proof is not satisfied by proof creating an equipoise
But it does not require proof beyond reasonable doubt as in criminal
cases or preponderance of evidence as in civil cases
Statute may specially provide for greater or lesser degree of proof
than simple preponderance
Findings of fact by administrative agencies must be respected as long
as they are supported by substantial evidence even if not
overwhelming or preponderant
Substantial evidence means such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion even if other
equally reasonable minds might opine otherwise
o Its absence is not shown by stressing that there is contrary
evidence on record
o The court, in determining wherein lies the weight of evidence
, cannot substitute its own judgment or criteria for that of the
administrative agency
An administrative body may not require a degree of proof higher than
substantial evidence and the rules of administrative due process
enunciated in Ang Tibay v. CIR
Presumption of regularity does not apply to such proceedings resulting
in the deprivation of a citizen/taxpayer of his property
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The court attaches no persuasive value to a desistance; withdrawal of
a complaint or the execution of an affidavit of desistance does not
result automatically in the dismissal of an administrative case
Decisions or orders
1. Necessity of findings
The right to adduce evidence has the corresponding duty on the part
of the administrative agency to consider it
The duty to deliberate implies a necessity of having something to
support its decision
Decision must be based on evidence presented at the hearing or
contained on record and disclosed to the parties
Express findings are necessary or desirable:
1) So that it may be known upon what the action of the agency
is based as well as to protect against careless and arbitrary
action
2) To enable the courts to review the actions of the agency
3) To give the reviewing court the assistance of expert judgment
on the matters entrusted to the agency for initial
determination
2. Form
Administrative decisions or orders must conform to the statutes and
the rules of the agency governing the particular proceedings as well as
applicable constitutional prescriptions
Must be in proper form, authenticated as prescribed by statute, and
must be entered against the proper party
Should be sufficiently definite and certain to inform the party what is
required to be done, and to enable the courts (in proper cases) to
enforce them
An administrative body should render its decisions in such a manner
that the parties to the proceeding can know the various issues
involved and the reasons for the decision rendered
As long as the decision is grounded on evidence and expressed in a
manner that sufficiently informs the parties of the factual and legal
basis of the decision, due process is satisfied
3. Finality
There is no legal principle that mandates all decisions of quasi-judicial
agencies as immediately executory
Where the legislative has seen fit to declare that the decision of a
quasi-judicial agency is immediately final or executory, the law
expressly so provides
Where administrative agency is a collegiate body
The power of the tribunal may not be exercised by the individual
members separately
Acts are official only when done by the members convened in a
session, upon concurrence of a majority, with the presence of a
quorum
Members must act together and in their official capacity
The action should appear in the records of the Board
Power of administrative agencies to modify their decisions
1. Conditions
Administrative determinations are subject to reconsideration and
changes so long as no rights have been vested in the meantime by
reason thereof
So long as they have not passed beyond the control of the
administrative authorities
o Where determinations are not final but interlocutory
o Where the powers and jurisdiction of the agency are
continuing in character
2. Grounds
Determinations may be modified on the grounds of:
(a) Fraud of imposition
(b) Mistake
(c) Surprise
(d) Inadvertence
(e) Newly discovered evidence
(f) To meet the changed conditions,
Whether By reason of express statutory provision granting the power
of revision or by reason of principles applied by courts
Application of the doctrine of res judicata
The rules of res judicata is applicable to determinations in the field of
administrative law whenever consistent with the purpose of the tribunal
1. As dependent upon the type of determination and proceedings
Applied only to adjudicatory or quasi-judicial determinations
o Not to administrative processes such as disciplinary cases
A decision that has become final and executory us conclusive upon the
rights of the affected parties
Cannot be invoked in labor relations proceedings
o Such proceedings are non-litigious and summary in nature without
regard to the legal technicalities obtaining in courts of law
2. As affected by statutory provisions
Some statutes may limit or restrict the extent to which an
administrative determination may operate as res judicata
o Example: the annual determination/assessment of the value
of property for the purpose of taxation
3. As to administrative decisions judicially reviewed
When the determination has been judicially reviewed, Res judicata
attaches   to   the   court’s   judgment   rather   than   to   the   administrative   may not enforce their own determination
decision
4. Only a valid and final judgment can be res judicata
Lack of jurisdiction precludes the determination from becoming res
judicata
Administrative appeal and review
There are different kinds of administrative appeal and review:
1. That which inheres in the relation of administrative superior to
administrative subordinate where determinations are made at lower
levels of the same agency/department
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2. That embraced in statutes which provide for a determination to be
made by a particular officer or body subject to appeal, review or
redetermination by another officer or body in the same agency or in
the same administrative system
3. That in which the statute makes or attempts to make a court a part of
the administrative scheme by providing in terms or effect that the
court, on review of the action of an administrative agency, shall
exercise powers of such extent that they differ from ordinary judicial
functions and involve a trial de novo of matters of fact or discretion
and application of the independent judgment by the court
4. That in which the statute provides that an order made by a division of
a Commission or Board has the same force and effect as if made by
the Commission subject to a rehearing by the full Commission, for the
“rehearing”  is  practically  an  appeal  to  another  tribunal
5. That in which the statute provides for an appeal to an officer on the
intermediate level with subsequent appeal to the head of the
department or agency
6. That embraced in statutes which provide for appeal at the highest
level, namely, the President
The party must have been aggrieved by the decision and must so prove it.
Action by administrative appellate tribunal
1. Authority to reverse must be exercised sparingly
2. Review must not be arbitrary
3. Review is generally de novo
4. Reviewing officer must be other than the officer whose decision is under
review
5. Final and executory decisions are not subject to review
Enforcement of administrative determinations
1. Generally
Administrative determinations are enforceable only in the manner
provided by statute
If the statute has failed provide a remedy for their enforcement, they
are unenforceable
Legislature may aid the enforcement of administrative determinations
by providing for penalties for failure to comply
2. Administrative Enforcement
In absence of power conferred by statute, administrative authorities
Congress is without power to authorize a purely administrative official
to determine whether the crime defined by law has been committed
and to inflict punishment
o Such is a judicial function
Administrative penalties are regarded as civil and remedial rather than
criminal and punitive in nature
o They may therefore be imposed by administrative agencies
Whatever irregularities may attend the issuance of a writ of execution
should be referred to the same administrative tribunal which rendered
 the   decision.   They   have   the   “inherent”   power   to   correct   errors of its
ministerial officers and to control its own processes
3. Judicial Enforcement
Though administrative agencies have no power to enforce their
decisions (unless authorized by statute), their decisions can be
enforced by the courts
Statutes customarily provide for judicial enforcement of administrative
determination
o Such provisions constitute courts and administrative agencies
as collaborative instrumentalities
Upon enforcement proceedings the court may examine into questions
of jurisdiction, regularity of the proceedings and questions of
constitutional right or statutory authority
o But generally, the court does not go into the general fact of
the controversy beyond whether there is support for the
findings
When an administrative agency has procured a judicial decree of
enforcement, the order of the agency receives judicial sanction
It is the judicial order which is enforced
4. Execution Pending Appeal
Where the legislature has seen fit to declare that the decision of the
agency is immediately final and executory pending appeal, the law
expressly so provides
Otherwise, execution takes place only when they become final and
executory
CHAPTER VI
JUDICIAL REVIEW OF, OR RELIEF AGAINST, ADMINISTRATIVE ACTIONS
Concept of Judicial Review
Judicial review – may embrace any form of judicial scrutiny of a matter which
arises when such action is brought into question before a court.
1. Collaboration of courts and administrative agencies
Judicial review necessarily brings the judicial process in conflict with
the administrative process
However, both are governmental instruments for realizing the same
purposes
2. Accommodation of administrative process to the judicial system
Admin agencies = their source is in the necessity to perform functions
which are beyond the capacity of courts
Courts = roles is to accommodate the administrative process to the
traditional judicial system
And to reconcile democratic safeguards and the standards of fair
play with the effective conduct of government
Questions of law or validity of laws are for the court
Questions of fact, policy or discretion are determinable by the
administrative agency
3. Policy of the courts
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Policy is not to interfere with the actions of agencies entrusted with the
regulation of activities coming under their special knowledge/field of
expertise
Unless there exists capriciousness, whimsical exercise of
judgment, grave abuse of discretion
Policy is especially applicable for grants of licenses, permits, leases, or
the approval/rejection/revocation of applications therefore
Right to judicial review
Right to judicial review – has reference both to the power and right of the
court to grant the review sought and the right in the person who invokes the
power of the court.
1. Where the right granted by statute
If provided in the statute, the right to appeal to the courts is
determined by looking at:
The statute
Valid regulations promulgated pursuant to it
Administrative practice throwing light upon their meaning
If legislation provides for an appeal from the decisions of certain quasi-
judicial bodies to the Court of Appeals:
It means such Quasi-judicial body is a co-equal of the RTC
In terms of role and stature, beyond the control of the RTC
RTC’s   – devoid of competence to pass upon the validity of a
seizure/forfeiture proceeding conducted by the Bureau of Customs
The Tariff and Customs Code (R.A. 1125) says:
Actions of Collector of Customs -> appeal to Commissioner of
Customs (COC)
COC -> appeal to CA
CA -> appeal to SC
2. Where review not provided by statute
There is not inherent right to judicial review
Appeal is statutory in origin; not a requirement of due process
Lack of a provision in the statute, however, does not mean
that there is no power or right to review in a proper case
under the general powers/jurisdiction of courts
Many Cases: the Constitution is held to require judicial review
even if the statute does not – or even precludes – judicial
review
Under the inherent powers of the Courts of judicial review of arbitrary
or unreasonable acts of government officers
The power is vested by the Constitution (Judicial Power)
3. Where review precluded or restricted by statute
Statutes cannot entirely preclude any and all types of judicial review of
administrative action
There is, however, considerable area where legislative discretion may
grant or withhold, or narrow the scope and extent of judicial review
o This is not an infringement of the constitution
Thus:
a. GR: where a full hearing is provided before a proper tribunal,
the determination of that tribunal may be made final, or if an
 appeal is allowed, the matters to be inquired into on appeal
may be limited by legislation
b. Legislature is free to make an administrative determination
final and immune from judicial review where the aggrieved
party was given the right to elect whether to seek between an 6.
administrative or a judicial relief
c. Administrative determinations of political questions are not
subject to judicial power
d. If congress grants a right to appeal to the courts, it may
restrict the review to a single court. It does not have to
provide an appeal to the SC
e. The law can place procedural conditions and restrictions upon
the right to judicial review
f. Provisions that an administrative action shall be subject only
to administrative review (or shall be final or conclusive) have
also been held to preclude judicial review where no
constitutional right was incolced
a. Also applies in regard to a decision in the exercise of
purely administrative or legislative powers, where
the statute also provides exclusive jurisdiction in the
agency
g. There can be no constitutional objection to making findings of
fact conclusive: Rules governing appeals from judgments of quasi-judicial agencies
If supported by evidence 1. Where to appeal
h. There can be no constitutional objection to a provision that
rules, regulations or orders shall not be set aside unless it
appears that the findings were against the weight of evidence
4. Where review a matter of constitutional necessity
In such situations, a court will provide relief or review though no 2. Period of appeal
statute specifically provides therefor and even if the statute attempts
to preclude review
Acts of administrative agencies which affect private rights:
o The right/power and necessity for judicial review springs from
the fundamental concept of supremacy of Law
o Courts have the inherent authority to determine the
constitutionality of statutes and the exercise of legislative
powers by Congress and Administrative agencies
Congress has no power to nullify rights conferred by the Constitution
or divest the courts of powers conferred by the same
Judicial power:
o Duty of the courts to settle actual controversies and
determine rights and obligations
o Also to determine whether there has been grave abuse of 3. How appeal taken
discretion amounting to lack or excess of jurisdiction on the
part of any branch/instrument of government
5. Where administrative decision has become final and executory 4. Contents of petition
Res judicata forbids the reopening of the matter determined by
competent authority once it has attained finality
Elements of res judicata:
1. Final judgment or order
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2. Jurisdiction of the court (or agency) over he subject matter
and the parties
3. Identity of parties, identity of subject matter, and identity of
cause of action
Where administrative decisions declared final and unappealable by statute
They are still subject to judicial review if they fail the test of
arbitrariness
Even  decisions  of  administrative  agencies  declared  “final”  by  law  or  not  
exempt from judicial review when so warranted:
1. Want of jurisdiction
2. Want of substantial basis, in fact or in law
3. Grave abuse of discretion
4. Violation of due process
5. Denial of substantial justice
6. Fraud
7. Erroneous interpretation of law
Factual findings of administrative agencies will be set aside when:
1. Fail the test of arbitrariness
2. Proof of grave abuse of discretion
3. Fraud
4. Error in law
An appeal may be taken to the CA within the period and in the manner
provided
Whether the appeal involves questions of fact, of law, or of fact and
law
Within 15 days from:
1. Notice of the award, judgment, final order or resolution
2. Or from the date of its last publication if publication is
required by law for its effectivity
3. Or from the denial of Motion for Reconsideration
Only 1 Motion for Reconsideration shall be allowed
Upon proper motion and the payment of the full amount of the docket
fee before the expiration of the reglementary period
1. The CA may grant an additional 15 days to file the petition for
review
2. No further extension will be granted EXCEPT for the most
compelling reasons; in no case shall it exceed another 15
days
By filing a verified petition for review in 7 copies with the CA
Proof of service of a copy thereof to the adverse party
a. Names of the parties to the case
b. Concise statement of facts, issues involved, and the grounds relied
upon
c. Accompanied by a duplicate original or a certified true copy of the
appealed judgment or order
 d. State all the material dates and the fact that it was filed within the
reglementary period
e. A certificate against forum-shopping
5. Effect of failure to comply with requirements
Noncompliance with:
1. Payment of docket and other lawful fees
2. Deposit for costs
3. Proof of service of the petition
4. Contents of documents which should accompany the petition
Shall be grounds for dismissal thereof
6. Action on petition
CA may require respondent to comment within 10 days from notice
Ca may dismiss the petition if patently without merit, prosecuted
manifestly for delay, or questions raised are too unsubstantial
7. Contents of comment
Filed within 10 days, in 7 copies and a copy served to the petitioner
Shall point out inaccuracies, and state the reasons why the petition
should be denied/dismissed
8. Due course
If upon the filing of the comments/other pleadings required by the
court or upon the expiration of the period to file the same
The CA finds prima facie that the agency concerned committed errors
of fact or law which would warrant the reversal/modification of the
decision
o CA may give due course to the petition
o Otherwise, it shall dismiss
Findings of fact by the agency/court, if supported by substantial
evidence, shall be binding on the CA
9. Transmittal of record
Within 15 days from notice that the petition has been given due
course, the CA may require the agency concerned to transmit the
original copy of the entire record or a certified true copy thereof
10. Effect of appeal
The appeal shall not stay the award, judgment, final order or
resolution to be reviewed
Unless the CA directs the same
11. Submission for decision
If the petition is given due course, the CA may set the case for oral
argument or require the submission of memoranda within 15 days
from notice
The case is deemed submitted for decision upon the filing of the last
pleading/memorandum required by the rules or by the CA
These rules do not apply to judgments and final orders or resolutions
issued under the labor code
Appellate court may only pass upon errors assigned
Administrative findings and constructions generally conclusive
In reviewing administrative decisions, the appellate court cannot re-
examine or weigh once more the factual basis and sufficiency of the
evidence submitted before the administrative body
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Nor can it substitute its own judgment for that of said body
Nor receive additional evidence that was not submitted to the
administrative agency concerned
The courts have consistently held that substantial evidence is all that is
needed to support an administrative finding of fact
o Appellate Courts will not disturb administrative findings of fact if
such findings are supported by substantial evidence and the
agency acts within the parameters of its own competence
It is sufficient that findings of fact are not shown to be unsupported by
evidence. – substantial evidence rule
Courts accord great weight and respect – if not finality – to factual findings
of administrative tribunals by reason of their expertise and special
knowledge
o Occasionally, courts may delve in such matters for compelling
reasons (not supported by evidence, fraud, mistake, etc.)
The SC is clothed with ample authority to review matters, even if they are
not assigned as errors in the appeal
o if it finds their consideration is necessary to arrive at a just
decision of the case
Courts generally hesitate to review decisions of administrative agencies out
of respect for the principle of separation of powers
In the exercise of their jurisdiction, it is for the Agency to exercise
discretion in determining conflicting versions of the same factual matter
when both are supported by evidence
Finality of administrative action for purposes of review
1. Policy of Courts
Courts are reluctant to interfere with an action of an administrative
agency prior to its completion or finality
It is only after judicial review is no longer premature that a court may
ascertain whether or not the administrative action is in violation of law
2. Order or decision
The order/action/decision being reviewed must have attained some
form of finality
o Not that it has become final and executory, because then, t
cannot be the subject of review anymore
o But rather, that there is no action left to be taken by the
administrative body regarding the matter
The informality of a decision does not prevent its review if it is
otherwise final
If the order is not yet final, judicial review shall be dismissed for being
prematurely taken
o There is nothing yet for the court to review
3. Threatened or pending action
Judicial relief is often denied for lack of finality where action of the
administrative agency is only anticipated, even though threatened
o Or where action is still pending without final disposition
In denying relief or review in such situations, it is said that:
a. Jurisdiction lies in the administrative agency rather than in
the courts
 b. An administrative officer to whom public duties are confided
by law is not subject to the control of the courts in the
exercise of the judgment and discretion which the law reposes
in him as part of his official functions
c. Determinations by subordinate officials, acting under the
instruction of their official superiors, are, in the nature of
things, under the control of and subject to review by their
official superiors
d. The  courts  will  not  render  a  decree  in  advance  of  the  agency’s   determination of the substantial rights of the parties
action and thereby render such action nugatory
e. It is not for a court to stop an administrative officer from
performing his statutory duty for fear he will perform it
wrongly, particularly where the statute is not unconstitutional
on its face, that to interfere with action which is simply
“threatened” would render a statute unworkable and
unenforceable and would unduly hamper the discharge by the
administrative agencies of their responsibility
f. Prior to final administrative determination, the party seeking
relief has not suffered a present injury
4. Action requiring approval by superior
An order required to be submitted to a superior for approval is not
final for purposes of review
In some circumstances, the fact that the grant of relief might have to
be submitted for approval does not detract from the finality of an order
denying relief
5. Pendency of rehearing or administrative appeal
The pendency of an application for a rehearing or recommendation
filed within the time prescribed by law or regulations deprives the
original order of finality
The statute, however, may provide otherwise
6. Rules and regulations
Addressed to and set a standard of conduct for all to whom their terms
apply
Where administrative regulations affect or determine rights generally
and non-compliance is penalized
a. They are appropriately the subject of attack under a statute
authorizing a suit to enjoin, set aside, annul, or suspend any
order, even though not directed to any particular person or
corporation
But rules and regulations, even though arbitrary or discriminatory with
respect to particular individuals, are not subject to challenge in judicial
proceedings prior to the time when an administrative action pursuant
to such rules and regulations invade private rights
a. Ripeness for review
7. Purely administrative matters
Purely administrative and discretionary functions may not be interfered
with by courts
Courts have no supervisory power over the proceedings and actions of
administrative agencies
a. Except where the agency goes beyond its authority or acts
with grave abuse
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8. Preliminary, procedural and interlocutory determinations
Universal rule is that interlocutor orders are not appealable
o Unless such order affects the merits
An order is not final but interlocutory when:
o The substantial rights of the parties involved in the action
remain undetermined and when the cause is retained for
further action
o As distinguished from final orders which involve a
This is to prevent delays in the proceedings
But certiorari is available against administrative agencies exercising
quasi-judicial functions – whether the order is interlocutory or final –
where due process was not followed
Exceptions to doctrine of finality
1. Review at an initial or intermediate stage of administrative action
The requirement of finality I subject to exceptions and limitations
which permit judicial relief for review at an initial/intermediate stage of
administrative action
The  fact  that  a  particular  determination  is  not  a  “final  order”  has  been  
held not to preclude the availability of judicial review:
1. To an interlocutory order affecting the merits of a controversy
2. To grant relief to preserve the status quo pending further
action by the administrative agency
3. When it is essential to the protection of the rights asserted
from the injury threatened
4. Where the officer acts in violation of the Constitution or the
law
5. Where such order is not reviewable in any other way and the
complainant will suffer great and obvious damage if the order
is carried out
6. To an order made in excess of power, contrary to specific
prohibition in the statute governing the agency
2. Review allowed by statutory Provisions
In some instances, the statute itself my provide exceptions to the
finality of the order/decision
The declaratory judgment law is applicable and appropriate in
instances where there is no final decision or rile of an administrative
agency which could be reviewed by an existing remedy such an appeal
o This could be used by citizens against public officials in
advance of threatened erroneous action to the injury of the
plaintiff
Timing of application to courts
Functions are divided between the administrative agencies and the courts.
Necessarily, there may be problems when it comes to determining which
tribunal takes initial action.
The problems of which tribunal shall take initial action is governed by the
following doctrines:
1. Doctrine of primary jurisdiction
 Not concerned with judicial review
Instead, determines whether the action should be initiated in a court
or with an administrative agency
2. Doctrine of exhaustion of administrative remedies
Designed primarily to control the timing of judicial relief from
adjudicative action of an agency
Customarily applied to adjudication and not to rule-making
3. Doctrine of ripeness for review
In essence, the same as that of exhaustion of administrative remedies
It also applies to rule making and to other administrative actions
embodied outside of rules/regulations or adjudication
Doctrine of primary jurisdiction
1. Concept
Has been referred to as the doctrine of prior resort, exclusive
administrative jurisdiction or preliminary resort
Usually refers to cases involving specialized disputes which are
referred to an agency for resolution
Applies only when the administrative agency exercises adjudication
Objective is guide courts whether or not it should refrain from
exercising its jurisdiction
“courts   cannot   and   will   not   determine   a   controversy   involving   a   o
question which is within the jurisdiction of an administrative tribunal,
especially where the question demands the exercise of sound
administrative discretion requiring special knowledge, experience, and
services of the tribunal to determine technical and matters of fact and
where a uniformity of ruling is essential to comply with the purposes of
the  regulatory  statute  administered”
Where the controversy is initially lodged with the administrative body,
it behooves a court to suspend its action on the case before it pending
the outcome of the administrative proceedings
o Applies even if no prejudicial question is involved
Where the claim is cognizable in courts, but the enforcement of the
claim requires the resolution of issues which are within the jurisdiction
or competence of administrative bodies
o Judicial process is suspended pending referral of such issues
to the administrative body for its view
2. Reasons
To take full advantage of administrative expertise
To attain uniformity of application of regulatory laws which can be
secured only if determination of the issue is left to the administrative
bodies
3. Subsequent resort to judicial action not precluded
The doctrine only requires the litigants to address the issues initially to
the proper administrative tribunal
Only if the issues are such that they can be presented in the first
instance to the administrative agency
Does not remove the issues completely from the judicial sphere
The case may still be considered by the courts subsequent to the
administrative determination
4. Exclusive jurisdiction may be explicit or implicit
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The statute may, implicitly or explicity, give the agency exclusive
jurisdiction to make initial determination
It may also give a particular court exclusive jurisdiction to review the
administrative action in a designated way and time
If the grant is only implicit, the legislative intent to require
administrative action (whether exclusively or in advance of judicial
action) has to be clear
Application of the doctrine
1. Where elements of administrative discretion, important considerations
Prior resort would be required where elements of administrative
discretion are often important considerations
Ex: issuance and revocation of licenses, enforcement of licensing rules
2. Where reasons for doctrine applicable
Application involves exercise of judicial discretion
o The doctrine is not an inflexible mandate
o Predicated on an attitude of judicial self-restraint
o Application involves the exercise of judicial discretion
o The  application  depends  on  the  courts’  determination  whether  
Congress intended the issues to be left to the administrative
agency for initial determination
Where legislative intent does not clearly appear, courts are
free to determine the need of prior resort based on policy
considerations
Issues involve questions of law
o Prior resort should be limited to questions of fact and
questions requiring skills of administrative specialists
o Questions of law may be appropriately determined in the first
instance by the courts
There is no danger of bypassing administrative
action
3. Where concurrent jurisdiction conferred
The doctrine is clearly applicable whenever the courts and
administrative agencies have concurrent jurisdiction
Doctrine of exhaustion of administrative remedies
Where a remedy before an administrative agency is available against the
action of an administrative board, body or officer, and can still be resorted
to:
o Relief must be first sought by availing of this remedy before
seeking relief in court
o The agency should still be given the opportunity to correct the
matter that comes within its jurisdiction
The doctrine is to allow first the administrative agency to carry out its
functions and discharge its responsibilities within its special area of
competence
Premature   invocation   of   the   court’   intervention   is   fatal   to   ones   Cause   of  
Action
o The complaint may be susceptible to dismissal for lack of cause of
action
o Doctrine admits certain exceptions based on the facts
Legal and practical reasons for doctrine
Rule: only after all administrative remedies are exhausted at the highest level
within the administrative system may judicial recourse/intervention be allowed
The Doctrine:
(1) Determines at what stage a person may secure review of an
administrative action. It is concerned with promoting proper
relationships between the courts and the agencies
(2) Involves a policy of:
a. Orderly procedure which favors a preliminary administrative
sifting process, particularly with respect to matters within the
competence of administrative authorities who are presumed
to be experts in their fields of specialization
b. Avoidance of interference with functions of the administrative
agency by withholding judicial action until the administrative
process has run its course
c. Prevention   of   attempts   “to   swamp   the   courts”   by   a   resort   to   p. 368
them in the first instance
(3) Practical reasons: lesser expenses and speedier disposition of the
cases
(4) Founded on comity between different departments of the government
and non-interference of the judiciary on matters within the
competence of other departments by reason of the separation of
powers
(5) Based on respect for a co-equal office in the government
(6) Rests upon the presumption that official acts are correct and lawful
and If an error has been committed by the subordinates, the
superiors, if given the opportunity, will correct the same which would
make it unnecessary for the judiciary to interfere
(7) Sometimes, the application of the doctrine has been spoken of in
terms of waiver by the party not resorting to the administrative
process
(8) The doctrine is merely one aspect of the broader doctrine which
requires final administrative action as a precondition/pre-requisite of
judicial review. Decisions of admin agencies are usually questioned
through certiorari, prohibition and mandamus which are allowed ony
when there is no plain, speedy, and adequate remedy available to the
petitioner.
The party who has an administrative remedy must not merely initiate the
prescribed administrative procedure to obtain relief but also pursue it to its
appropriate conclusion before seeking judicial intervention in order not only
to give the administrative agency an appropriate opportunity to act and
correct its alleged errors, and decide the manner in a less expensive and
speedy manner, but also to prevent unnecessary and premature resort to
the courts.
Application of the doctrine
As a prerequisite of judicial review
The classic example of failure to exhaust administrative remedies is the
failure to appeal from an administrative decision to a higher administrative
authority or tribunal within the administrative system.
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Even the filing of an appeal does not exhaust the remedy where there is
failure to await the determination thereon before seeking the aid of courts
As  affecting  one’s  cause  of  action
In our jurisdiction: failure to exhaust does not affect the jurisdiction of
the court but affects the cause of action of the petitioner. Such a failure
isa ground for dismissal for lack of a cause of action.
Exhaustion must be raised at the earliest possible time possible even
before filing the answer to the complaint or pleading a claim by motion to
dismiss. Failure to invoke shall be a waiver
The effect is to render the action premature
Instances here doctrine has been applied
P. 366
Exceptions to the doctrine
Exhaustion Doctrine and primary jurisdiction doctrine distinguished1¤¤¤
Both doctrines are concerned with promoting proper relationships between the
courts and administrative agencies, permitting the courts to obtain expert aid in
the solution of technical problems. The net result of both is practically the same
but the doctrines should not be confused.
I. DOE2 is invoked as a defense to judicial review of an administrative action
which is deemed as not yet complete. It applies where the claim or matter
is cognizable in the first instance by an administrative agency alone.
In such a case, judicial interference is withheld until the administrative
process has run its course. The administrative authority alone must have
authority to pass on every question raised by a person resorting to judicial
relief.
It is not available when:
1) the issue is purely legal and is within the jurisdiction of the courts
2) the party may elect/choose between an administrative or a judicial
remedy (concurrent jurisdiction)
II. Questions of primary jurisdiction arise where both the court and
administrative agency have jurisdiction to pass on a question which in a
particular case is presented to the court as an original matter, rather than
as a matter of review.
It usually relates to particular issues in a proceeding rather than the
entire proceeding and typically operates through a suspension of the
judicial process pending referral of such issues to the administrative
agency. It is applied in the face of statutes purporting to permit a choice of
remedies.
1
Important!
2
Doctrine of exhaustion
 Both Doctrines do not apply where the issue involves purely a question of
LAW because there is no question of fact or a question requiring the
expert judgment of the administrative agency.
Industrial Enterprises Inc. v CA
It may occur that the Court has jurisdiction to take cognizance of a particular
case, which means that the matter involved is also judicial in character.
However, if the case is such that its determination requires the expertise,
specialized skills and knowledge of the proper administrative bodies because
technical matters or intricate questions of facts 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 a court.
This is the doctrine of primary jurisdiction. It applies "where a claim isoriginally
cognizable in the courts, and comes into play 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"
Relation between exhaustion doctrine and due process concept
DOE applies when the ruling court is not given the opportunity to
reexamine its findings and conclusions because of an available opportunity
that  a  party  seeking  recourse  against  the  court’s  ruling  omitted  to  take.
Due Process a violation occurs when a court rules against a party without
giving him an opportunity to be heard
Exhaustion principle is based on the perspective of the court
Due process is considered from the point of view of the litigating party
against whom the ruling is made
The  commonality  shared  is  the  “opportunity”  which  underlies  both
Doctrine of ripeness for judicial review
Determines the point at which courts may review administrative action
This also applies to non-adjudicatory actions
1) Basic principle is that the judicial machinery should be conserved for
problems which are real and present or imminent rather than squandered
on ones which are future, imaginary, or remote
2) The background for the rule is based on timing of attacks upon
administrative regulations. The rule can be traced from cases involving the
constitutionality of statutes
Application of the Doctrine
1. An issue is normally ripe for judicial determination when interests of the
plaintiff are subjected to or imminently threatened with substantial injury
2. A statute may be ripe for constitutional challenge in advance of official
action, if the statute is self executing
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3. A statute or regulation which is enforceable through criminal prosecution
should be subject to challenge in a suit for injunction or declaratory
judgment brought by a party who is immediately confronted with the
problem of complying or violating
4. A debilitating legal uncertainty by reason of which private parties may be
injured seriously enough should justify resort to the judicial machinery
5. When the plaintiff is , in fact, substantially harmed by the vagueness of a
statute, the vagueness should not be deemed a ground for refusing to
determine whether the statute is void for vagueness
6. Informal administrative action may be deserving of judicial attention as the
most   formal   order   or   regulation.   Thus,   an   “instruction”   issued   by   an  
administrative agency should be held ripe for review where no
administrative remedy is available and the party affected is immediately
confronted with the choice between compliance and noncompliance and the
violation of the instruction is a criminal offense
7. That   government   action   is   contingent   upon   the   plaintiff’s   action   or   other  
events does not necessarily mean that the governmental action is unripe
for challenge; the test is whether substantial injury to the plaintiff is
present or imminent
8. When substantial injury is not present or imminent from the statute, it is
normally not ripe for challenge unless the courts, in its discretion, decide to
issue the legality in special circumstances
Ripeness doctrine and exhaustion doctrine distinguished
1. The Ripeness focus is upon the nature of the judicial process – upon the
types of functions the courts should perform. The exhaustion focus is upon
the relatively narrow question of whether a party should be required to
pursue an administrative remedy before going to court.
2. The ripeness doctrine is applied to rule-making and administrative action
not involving rule-making and adjudication. Exhaustion is applied to
adjudicative actions
Ripeness doctrine and primary jurisdiction distinguished
1. Both ripeness and exhaustion determine at what stage a party may secure
judicial review of administrative action. The Doctrine of Primary jurisdiction
determines whether the court or the agency should make the initial
decision.
2. Questions of ripeness and exhaustion may arise whenever judicial review of
administrative action is available. Questions of primary jurisdiction arise
only when an administrative and a judicial jurisdiction are concurrent for
the initial decision of some questions. The question is only as regards the
initial, and not the final, determination of questions.
Scope and extent of judicial review
Types of agency determination for purposes of judicial review
(a) Determinations of law, which are fully reviewable
(b) Determinations of fact, review of which is limited to finding of the
existence of substantial evidence
 (c) Discretionary determinations, which are reviewable only to ascertain
whether the action taken was arbitrary or capricious
General frame of power
Is to keep the administrator within the valid statute which guides him and
keeps him from unreasonable excesses in the exercise of his function, and to
ascertain whether there is warrant in both the law and the facts for what the
administrative agency has done.
Limited to: questions affecting constitutional power, statutory authority and
the basic pre-requisites of proof
Primary limitation on the power: matters calling for the exercise of the
expert judgment and discretion of the administrative agency
Review is limited
The fundamental feature of judicial review over administrative action is that it is
a limited review.
(a) Judicial review is extremely limited in regard to findings of fact and to
expert judgments of an admin agency acting within its authority.
Courts must not usurp nor intrude in the legislatively delegated
functions of the agency
(b) It is not the power to determine whether the action of an agency is
right, correct, wise, proper, advisable, expedient, or most appropriate
(c) No relied is available for mere error or honest error by an admin
agency, particularly in a collateral proceeding. However, it is a general
rule that decisions of administrative agencies are reviewable and
reversible for mistake of law or an erroneous view of the law
(d) The courts will not inquire into motives which impel action by the
administrative agency, for that does not affect the legality or validity
of the action except where it involves fraud, malice, or intentional
wrongdoing
(e) A court may require an admin agency to comply with the law and its
rules and regulations particularly those describing notice and hearing
but it may not require it to decide a controversy in a particular way
(f) The determination of an admin agency as to the
operation/implementation of law which it is entrusted to enforce is
accorded great weight. There is a presumption of regularity in favor of
the agency. The burden of proof is on the party assailing the regularity
of the proceedings
Judicial review does not import trial de novo
Does not import a review of the evidence all over again
Only imports an ascertainment of whether the administrative findings are
not in violation of the Constitution or of the laws, and are free from fraud
or imposition, and if they find reasonable support in evidence
(1) It is not for the reviewing court to weigh in the conflicting evidence,
determine the credibility of witnesses, or substitute its judgment over
that of the agency for the sufficiency of evidence
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(2) The question of whether the agency abused its discretion in the
weighing of the evidence should be resolved solely on the basis of the
proof that the administrative agency had before them and not no other
(3) Administrative decisions in matters within the executive or
administrative jurisdiction can only be set aside on proof of gross
abuse of discretion
(4) There cannot be a trial de novo in administrative cases since a review
of an administrative finding is limited to the evidence presented before
the administrative body.
(5) The   court’s   function   is   limited   to   determination   of   the   existence of
substantial evidence supporting the findings
(6) This rule bars the presentation of evidence aliunde
Methods or modes of relief or review
Methods of obtaining judicial relief may be classified as
1. Direct or Collateral(indirect)
2. Statutory or Non-Statutory
The choice of remedy is a matter of importance, since one remedy may be
more expeditious or less burdensome/costly than the other. Also, the scope of
review may vary with the remedy.
Statutory methods of review
(1) Where remedy itself governed by statute
Statutory methods in the broad sense of the term are afforded where
the remedy itself is governed by statutory provisions, although the
express terms of such statute relating to administrative agencies make
no provision that this remedy shall be available for the review of
agency action
(2) Where proceedings in court required by statute for enforcement of
administrative action
A statutory method of review is afforded where the statute governing
the action of a particular agency does not permit the enforcement of
an administrative decision except by proceedings in a court to be
instituted by the prevailing party or the agency itself
(3) Where direct judicial review afforded by legislation providing generally for
such review
This is statutory method of review in the narrower sense
Also called direct review proceedings
Afforded by legislation providing generally for review of action of
administrative agency and prescribing the manner and extent of such
review
If appeal is granted by statute, the appellant must comply with the
statutory requirements
Non-statutory methods of review
The fact that a statute does not provide for judicial review of action of
an administrative agency does not preclude the courts from providing
such as is necessary
 In the absence of statutory provision for review, relief may be had in
appropriate cases by
o means of the common law
o prerogative writs such as certiorari, mandamus, habeas
corpus, quo warranto, and prohibition
Relation between the two methods
(1) Where a statute relating to the administrative agency provides a direct
method of judicial review of agency action and is applicable, it may be
regarded as exclusive and precludes the use of any other or non-
statutory method
(2) According to some cases, the statutory method of review is not
exclusive but that it must be exhausted as a prerequisite to judicial
relief by some other methods
(3) In some instances, the existence of statutory review has not precluded
review by means other than as provided in the statute especially as to
acts which are entirely unwarranted or where exceptional
circumstances exist, and inadequacy of the statutory remedy may
provide basis for relief of some other method
Illustrative cases on Statutory and non-statutory methods of review
Please read P.396 to 419 of De Leon. Cases with particular emphasis on the
following cases:
1. Aratuc v Comelec
2. Elks Club v. Rovira
3. Collector of Internal Revenue v Eznar
4. Chua Hiong v. Deportation Board
5. Lemi v. Valencia (again)
6. Azajar v. Ardales
Questions open to review
(1) Generally
They are generally recognized to be of three types: matters of law, matters of
fact, and mattes of discretion
(a) Generally, Courts will not disturb the action of an agency 2wihin its
jurisdiction/powers/authority when it is not contrary to law, has
reasonable basis, and it not arbitrary or capricious as well as to
findings of fact as long as they are supported by substantial evidence
(b) This is to free them from the compulsion of applying technical rules of
evidence so that the mere admission of judicially incompetent
evidence in an administrative proceeding will not invalidate an
administrative order
(c) This gives them more flexibility but cannot go so far as to justify
orders without a basis in evidence
(2) Questions of Law
It arises when there is doubt or difference in application as to what the law
is pertaining to a certain set of fact.
The controversy concerns the correct application of law or jurisprudence. It
must involve no examination of the probative value of the evidence
presented or admitted.
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It is for the courts –and not for administrative agencies- to determine the
principles of law and what the law is
(a) Matters involving questions of law relate to: Constitutional issues,
jurisdiction, compliance with law and procedure, statutory
construction, actions which are arbitrary or unreasonable or tainted
with fraud, malice, bad faith, and support of findings of fact by
adequate evidence.
(b) The function of the reviewing court to decide whether the correct rule
of law was applied to the facts found by the administrative agency
(c) The   interpretation   and   application   of   laws   is   the   court’s   prerogative  
despite the persuasive value conferred on administrative interpretation
and application of laws
(d) Where there is no conflict in the evidence or facts, only a question of
law is presented
(3) Questions of fact
This arises when there is doubt or differences as to the truth or falsity of
alleged facts. It is to be determined by the special circumstances of each
case in the exercise of judgment and not by any fixed rule of law.
Generally solely the concern of administrative agencies so long as there is
substantial evidence of record supporting the findings
When affirmed by the Court of Appeals, they are conclusive upon the
parties and not reviewable by the SC.
(a) The rule is that a question of fact is conclusive and not subject to
review by the courts in the absence of showing that the decision was
rendered through fraud, imposition or mistake (other than error of
judgment in estimating the value of the evidence)
(b) The conclusiveness of findings of fact by an agency is not affected by
the fact that there was a wide difference of opinion among its
members or that some members dissented
(c) But a conflict between factual findings of an agency and its appellate
tribunal will necessitate review of such findings and records to
determine which conclusions are more conformable to the evidentiary
facts
(4) Mixed questions of law and fact
Arises when there is no clear dividing line between questions of law and
questions of fact
(a) An administrative finding on a mixed question of law and fact is
subject to judicial review; the court may substitute its own judgment
for that of the agency
(b) Where there is a mixed question of law and fact and the court cannot
separate the elements so clearly as to what and where the mistake of
law is, it will be treated as question of fact for the purposes of review.
The courts will not ordinarily review the administrative decision
(c) Where jurisdictional and constitutional facts are involved, the
administrative findings are subject to judicial review
(5) Administrative discretion
 Courts generally have no supervisory power over the proceedings and
actions of administrative bodies which involve only the exercise of
discretion.
Discretion is the power to make a choice between permissive actions or
policies
There is a well recognized distinction between the judicial review of
administrative action and substitution of judicial discretion over
administrative discretion.
Issues involving basically technical matters deserve to be disentangled
from undue interference by the courts
(a) Questions of policy discretion or administrative discretion are
reviewable only for unreasonableness, departure from statutory
standards, or lack of evidentiary support. Questions of wisdom,
propriety or expediency are not for the Courts to decided
(b) The court wi not substitute its discretion or judgment for that of the
administrative agency which is treated with finality. The courts,
however, will determine the lawfulness of the action.
(c) The courts will not interfere in matters which are addressed to the
sound discretion of government agencies entrusted with the regulation
of activities coming under the special technical knowledge and training
of such agencies.
Grounds which would warrant reversal of administrative findings
GR: factual findings of administrative agencies that are affirmed by the CA are
conclusive upon and not reviewable by the Supreme Court.
Exceptions:
(a) Conclusion is a finding grounded on speculations, surmises, and
conjectures
(b) Inferences made are manifestly mistaken, absurd or impossible
(c) There is grave abuse of discretion
(d) Judgment is based on misapprehension of facts, or the findings of facts
are confliction
(e) The agency (or the CA) overlooked certain facts of substance and
value which if considered would affect the result of the case or justify a
different conclusion
(f) The agency, in arriving at its findings, went beyond the issues of the
case and the same are contrary to the admissions of the parties or the
evidence presented
(g) The findings are conclusions without citation of specific evidence on
which they are based
(h) The findings of facts are premised on the supposed absence of
evidence and contradicted by the evidence on record
(i) The  facts  set  forth  in  the  petition  as  well  as  the  petitioner’s  main  and   of the fact to be established
reply briefs are not disputed by the respondent
(j) The agency has sustained irregular procedures and through the
invocation of summary methods, including rules on appeal, has
affirmed an order which tolerates a violation of due process
(k) The rights of a party were prejudiced because the administrative
findings, conclusions or decisions were in violation of constitutional
provisions, in excess of statutory authority or jurisdiction, made upon
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irregular procedure, vitiated by fraud, imposition or mistake, not
supported by substantial evidence adduced at the hearing or contained
in the records or disclosed to the parties, or arbitrary, or capricious
Substantial evidence rule
Provides the most generally applied standard governing the review of
administrative action
A compromise between opposing theories of a broad or de novo review of
administrative actions and restricted review or complete abstention
Administrative determinations are final and conclusive upon the courts and
must be sustained if supported by substantial evidence upon the whole
record
o Even if such evidence be not overwhelming or preponderant in the
absence of any of the established exceptions calling for a judicial
review
This is the quantum of evidence required to establish a fact in cases before
administrative bodies
o As opposed to preponderance of evidence in civil cases
In administrative cases, the courts cannot weigh once more the evidence
submitted before the administrative body and make their own findings of
fact and substitute the same for the findings of fact of the quasi-judicial
agency
Justifiable decision or conclusion to the contrary not precluded
Substantial evidence – such evidence as will establish a substantial basis of
fact from which the fact at issue can be reasonably inferred. The evidence need
not be such as to preclude a justifiable decision to the contrary.
– such kind of relevant evidence which a reasonable mind might accept as
adequate to justify or support a conclusion or decision, even if other minds
equally reasonable might conceivably opine otherwise
Where there were 2 expert witnesses to a disputed fact and their opinions
were diametrically opposed, the decision of a commissioner based upon the
testimony of one of them is held as reasonably supported by substantial
evidence
Test to be applied
Whether the evidence reasonably tends to support the administrative
decision or finding
Whether the decision is clearly not contrary to the overwhelming weight of
the evidence
Substantial evidence must do more than create a suspicion of the existence
Hierarchy of evidentiary values3
1. Proof Beyond Reasonable Doubt
2. Clear and convincing evidence
3. Preponderance of evidence
3
From Greatest evidentiary value to the least
4. Substantial Proof scope of his authority and without willfulness, malice, or
5. Mere Scintilla of evidence corruption
4. Official immunity and state immunity distinguished
As long as administrative findings are supported by substantial evidence, it Doctrine of state immunity from suit = applies to complaints filed
is not the task of an appellate court to weigh in once more the evidence against public officials for acts done in the performance of their duties
submitted before the administrative body in respect to the sufficiency of The suit must be regarded as one against the state where satisfaction
such evidence of the judgment against the public official concerned will require the
State itself to perform a positive act (ex. Appropriation of the amount
When rule not applicable necessary to pay)
Substantial evidence rule is inapplicable: The rule does not apply where the public official is charged in his
(a) Where the statute provides for a trial de novo in which the rule shall official capacity for acts that are unlawful and injurious to the rights of
not be invoked others
(b) Where the statute has specified a standard of proof required for Public officials are not exempt, in their personal capacity, from liability
administrative determination, that is, the agency is required to make a arising from acts committed in bad faith
finding  “by  the  preponderance  of  evidence” Neither does the immunity apply when the official is being sued in his
(c) Where the suit is not for review of the administrative order and is personal capacity
independent of the proceedings in which the administrative ruling The immunity of public officials is a more limited principle than
under attack was rendered governmental immunity
(d) Where constitutional or jurisdictional facts are involved o Purpose is not directly to protect the sovereign
(e) Where property rights rather than privileges are involved o Rather, to do so collaterally by protecting the public official in the
performance of his government function
Liability of administrative agencies and officers Doctrine of Sovereign immunity
1. Generally o The King can do no wrong
Doctrine of judicial immunity from suit extends generally to o Protects the impersonal body politic or government from tort
government officials in respect to their acts of a discretionary, judicial liability
or quasi-judicial nature o On the other hand, official immunity serves as a protective aegis
The rule protects an officer from liability for a mistake of fact or an for public officials from tort liability for damages arising from
erroneous construction and application of the law or an error of discretionary acts in the performance of their official liability
judgment in the determination of the law
Immaterial whether the officer used reasonable care in ascertaining
the facts upon which his judgment was founded
2. Basis of the rule
Public policy to aid in the effective functioning of government
To insure zealous and fearless administration of the law
In effect, suits against government officers in their official capacity are
suits against the State
3. Exceptions to the rule
A public officer enjoys only qualified and not absolute immunity.
o Where the circumstances are such as to render the officer
personally liable, he is not relieved from responsibility by reason
of mistake and honest intention
A judgment, taken without a hearing, which results in positive injury to
a private person exposes an officer to liability regardless of good faith
Officer is liable for his errors and mistakes when he acts without or in
excess of jurisdiction, regardless of good faith
Dishonesty, bad faith, malice or corrupt motives will render an officer
civilly liable for damages for his erroneous or mistaken determination
o A quasi-judicial officer who is vested with discretion is usually
immune from liability to persons who may be injured as a result of
an erroneous/mistaken decision, however mistaken his judgment
may be, provided the acts complained of are done within the
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