SESSION 6: Overview of Administrative

Procedures
and Special Judicial Remedies
8:30am to 9:30 am

ADMINISTRATIVE
AGENCIES
possess quasi-legislative or rule-making powers
quasi-judicial or administrative adjudicatory
powers.

JUDICIAL POWER
rests with the
Supreme Court and
the lower courts
power to settle actual
controversies
involving rights which
are legally
demandable and

QUASI-JUDICIAL POWER
Rests with administrative
agencies
power to make
determinations of facts in the
performance of their official
duties and to apply the law
as they construe it to the
facts so found.
The exercise of this power is

QUASI-JUDICIAL
POWER
to apply and to decide in accordance with the standards
laid down by the law itself in enforcing and administering
the same law.
performs in a judicial manner an act which is
essentially of an executive or administrative nature
required to investigate facts or ascertain the
existence of facts, hold hearings, weigh evidence,
and draw conclusions from them as basis for their
official action and exercise of discretion in a judicial nature

QUASI-JUDICIAL
POWER
Exercised by an administrative agencies but
partake the character of judicial proceedings
Outside the structure of judiciary BUT act like
courts (hear cases, receive and evaluate evidence
and decide issues)

COMELEC

ADMINISTRATIVE
AGENCIES

embraces the power to resolve controversies arising

from the enforcement of election laws, and to be
the sole judge of all pre-proclamation
controversies; and of all contests relating to the
elections, returns, and qualifications.

Commission on Audit
Duty to examine, audit and settle all accounts

Civil Service Commission

Central personnel agency for Philippine public officers and
employees

ADMINISTRATIVE
AGENCIES
Pollution Adjudication Board (PAB)
Quasi judicial body of the DENR which hears and decides
pollution cases (ie Clean Air Act, Clean Water Act)
Complaints filed with DENR RO and PENRO/CENRO shall be
brought before PAB
Can initiate cases
Power to issue Cease and Desist Orders, impose fines, cite for
contempt

II. Quasi-judicial AGENCIES

Mines Adjudication Board (MAB)
Disputes involving mining Rights shall fall under
MAB and its Panel of arbitrators:
Rights to mining areas
Mineral agreements/permits

NCIP
Primary govt agency responsible for the implementation
and formulation of PPP to recognize, protet and promote
IP rights
Have jurisdiction over ALL claims and disputes involving

 Standard of proof Substantial

evidence
defined to mean not necessarily preponderant
proof as required in ordinary civil cases but such
kind of relevant evidence which a
reasonable mind might accept as adequate
to support a conclusion.

Quasi-judicial
AGENCIES
Requisites for Proper Exercise of Quasi-Judicial
Power
1. Jurisdiction
2. Due process

Administrative Due Process : Requirements

. Right to Notice, be it actual or constructive
. Reasonable opportunity to appear and defend his rights and to
introduce witnesses
. Impartial tribunal with competent jurisdiction
. Finding or decision supported by substantial evidence

Questions Reviewable on
Judicial Review
1. Questions of FACT
The general rule is that courts will not disturb the findings of
administrative agencies acting within the parameters of their own
competence so long as such findings are supported by substantial
evidence. By reason of their special knowledge, expertise, and
experience, the courts ordinarily accord respect if not finality to factual
findings of administrative tribunals.
2. Question of LAW
Administrative decision may be appealed to the courts independently of
legislative permission.
It may be appealed even against legislative prohibition because the
judiciary cannot be deprived of its inherent power to review all decisions
on questions of law.

DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
DISMISSAL
before court intervention, should have availed of all the means of
administrative processes
Rationale:
Expertise
Prevent unnecessary resort to courts
Avoid clogging of courts

Doctrine of Finality
Courts are reluctant to interfere with action of an
administrative agency prior to its completion or finality, the
reason being that absent a final order or decision, power has
not been fully and finally exercised, and there can usually be
no irreparable harm.
EXCEPTIONS: Interlocutory order affecting the merits of a
controversy; Preserve status quo pending further action by
the administrative agency; Essential to the protection of the
rights asserted from the injury threatened; Officer assumes to
act in violation of the Constitution and other laws; Order not
reviewable in any other way; Order made in excess of power

Doctrine of Primary
Jurisdiction
This doctrine states that courts cannot or will not
determine a controversy which requires the expertise,
specialized skills and knowledge of the proper
administrative bodies because technical matters of
intricate questions of fact are involved.
Relief must first be obtained in an administrative
proceeding before a remedy will be supplied by the
court even though the matter is within the proper
jurisdiction of a court.

Doctrine of Prior Resort

When a claim originally cognizable in the courts
involves issues which, under a regulatory scheme are
within the special competence of an administrative
agency, judicial proceedings will be suspended pending
the referral of these issues to the administrative body
for its view.
Note: The doctrines of primary jurisdiction and prior
resort have been considered to be interchangeable.

SPECIAL JUDICIAL
REMEDIES
Writ of Habeas Corpus
Writ of habeas data
Writ of Amparo

SPECIAL JUDICIAL
REMEDIES
Writ of Habeas Corpus
APPLIES to all cases of illegal
confinement or detention by which
any person is deprived of his/her
liberty, or by which the rightful
custody of any person is withheld
from the person entitled thereto.

PETITIONER: the party for whose relief it is intended,

OR by some person on his/her behalf
REQUISITES FOR APPLICATION:
That the person in whose behalf the application is made
is imprisoned or restrained of his liberty;
The officer or name of the person by whom he is so
imprisoned or restrained; or, if both are unknown or
uncertain, such officer or person may be described by an
assumed appellation, and the person who is served with
the writ shall be deemed the person intended;
The place where he is so imprisoned or restrained, if
SLIDE
TITLE
HERE
known;
Sub Title Text Goes Here
A copy of the commitment or cause of detention of such

WHO MAY GRANT:

Regional Trial Court
Court of Appeals, or any justice
Supreme Court, or any justice

Writ of Habeas Corpus

WHAT IS REQUIRED:
In case of imprisonment or restraint by an
officer, the writ shall be directed to him, and
shall command him to have the body of the
person restrained of his liberty before the
court or judge designated in the writ at the
time and place therein specified.
In case of imprisonment or restraint by a
person not an officer, the writ shall be directed
to an officer, and shall command him to take
and have the body of the person restrained of

RELIEF
RELIEF:
When the court or judge is satisfied
that the detainee is unlawfully
imprisoned or restrained, the court or
judge shall forthwith order the
discharge of the prisoner from
confinement.

Writ of Amparo
REMEDY AVAILABLE to ANY PERSON:
whose right to life, liberty and security is violated
or threatened with violation by an unlawful act or
omission of a public official or employee, or of a
private individual or entity

PETITIONER: the aggrieved party, OR the

following (in this order):
Any member of the aggrieved partys immediate
family: spouse, children, parents
Any relative of the aggrieved party within the 4th
civil degree of consanguinity or affinity
In the absence of the first two groups:
Concerned citizen, organization, association or institution

WHERE FILED:
Regional Trial Court of the area

where the threat, act or

omission was committed or any
of its elements occurred
Sandiganbayan
Court of Appeals
Supreme Court
Any Justice of Sandiganbayan, CA,

RESPONDENT is REQUIRED to explain:

the lawful defenses to show that the
respondent did not violate or threaten
with violation the right to life, liberty and
security of aggrieved person
steps or actions taken to determine the
fate or whereabouts of the aggrieved party
and the person or persons responsible for
the threat, act or ommision

RESPONDENT PUBLIC OFFICIAL is REQUIRED

to state actions taken:
To verify the identity of the aggrieved party
To recover and preserve evidence
To identify witnesses and obtain statements
To determine the cause, manner, location and
time of death or disappearance
To identify or apprehend the person/s involved
To bring the suspected offenders before a
competent court

INTERIM RELIEF:
Temporary Protection
Inspection Order
Production Order
Witness Protection Order

Writ of Habeas Data

AVAILABLE to ANY PERSON:
whose right to PRIVACY in life, liberty or
security
is violated or threatened
by an unlawful act or omission
of a public official or employee, or of a private
individual or entity
engaged in the gathering, collecting or storing
of data or information regarding the person,
family, home and correspondence of the
aggrieved party

Writ of Habeas Data

PETITIONER: the aggrieved party,
OR (in case of ELKs and EDs) the
following:
Any member of the aggrieved partys
immediate family: spouse, children,
parents
(in the absence of the first group) Any
relative of the aggrieved party within the
4th civil degree of consanguinity or affinity

Writ of Habeas Data

WHERE FILED:
Regional Trial Court of the area where the
petitioner or respondent resides, or that which
has jurisdiction over the place where the data or
information is gathered, collected or stored, at
the option of the petitioner.
Sandiganbayan, Court of Appeals or Supreme
Court when the action concerns public data files
of government offices

Writ of Habeas Data

RESPONDENT is REQUIRED to explain:
the lawful defenses such as national security,
state secrets, privileged communication,
confidentiality of the source of information of
media and others

Writ of Habeas Data

RESPONDENT in charge, in possession or in control of the
data or information subject of the petition is REQUIRED
to state:
A disclosure of the data or information about the
petitioner, the nature of such data or information, and
the purpose of its collection
Steps or actions taken by the respondent to ensure the
security and confidentiality of the data or information
The currency or accuracy of the data or information held

Writ of Habeas Data

RELIEF:
The court shall enjoin the act complained of, or
order the deletion, destruction, or rectification of
the erroneous data or information and grant
other relevant reliefs as may be just and
equitable

Thank You!

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