Administrative Law

June 19, 2012

Part of political law administrative law Master these principles in administrative law: 1. Doctrine of Exhaustion administrative remedies 2. Doctrine of Primary jurisdiction 3. Doctrine of qualified political agency 4. Alter ego doctrine (Factoral vs. Oposa) Environmental Safety for the people. Assignment - Definition of administrative law, Sources of administrative law and Administrative bodies and functions.

June 26, 2012

Law rule of conduct, just and obligatory, promulgated by competent authority, of common observance of all and prescribe or to provide punishment in case of its violation. (Laws shall take effect 15 days after the completion of publication in the official gazette or a news paper of general circulation, unless otherwise provided by law. Art. 2 of the Civil Code) Constitution was enacted by the people. (con-ass) Political law it is a branch of public law that directs the organization and operation of the several governmental organs of the state and directs the relation of the state with the inhabitants of its territory. Sources of law 1. 2. 3. 4. Constitution Statutes Jurisprudence Executive order (EOs are valid unless otherwise its effectivity clause indicates a period or specific date that it shall take effect) 5. Administrative rules and orders 6. Presidential Decrees (Are considered a law) 7. Customs and Traditions Jurisprudence Cases decided by the Supreme Court, it has the force and effects of law. The decisions of the Supreme Court are not considered laws, but may serve as a source of law because it is the interpretation of the law itself. Why are the decisions of the Supreme Court the only decisions considered to be jurisprudence? (Answer: See civil code) Administrative Law - branch of public law or modern law under which the executive department, acting in its quasi-legislative and quasi-judicial capacity, interferes with the conduct of individuals for the purpose of promoting the well being of the community. - Its primary purpose is to let the government concentrate on different areas with specialization due to delegation of powers to different agencies. Factors that made administrative law 1. Time constraints for the government to take care of the people. (Lack of time) 2. Ever increasing complexities of society. (The standard of living has gone up and the population has exponentially increased) 3. Increasing problems in the part of the government that are comprehensive in nature. Sources of Administrative Law

1. Constitution and Statutes 2. Jurisprudence interpreting the charter of the different administrative bodies. (Charter the special law that creates this administrative bodies) (GOCCs with original charter are governed by the Civil Service Commission) 3. Rules and Regulations issued by the administrative bodies with the exercise of their rule making power. (Quasi-legislative power refers to the rule making power of this administrative bodies) 4. Doctrines and decisions of administrative bodies that are used in the settlement of controversies. (Quasi-Judicial power) The term administration refers to two aspects 1. Administration as an Organization aggregate of people that manage and control the administrative body. This refers to the people who run the specific administrative bodies for the time being. 2. Administration as Function actual running of the government agency or the government per se. Two kinds of Administration 1. Internal Administration deals with the relationship with the administrative bodies and the persons who composed it and the relationship among them. It does not affect private interest or private persons. Examples: Issuing guidelines Power of dismissal Power to hire 2. External Administration it deals with the relationship between administrative bodies and private people or private interest. Examples: Act of regulating something (Within the scope of the administrative bodies) Agency/ Agency of the Government refers to any of the various units of the government including the following: a department, a bureau, an office, an instrumentality, LGUs and GOCCs Department it refers to an executive department created by law. Bureau it refers to the principle sub-division of any department. Office refers to any position held or occupied by an individual whose functions are provided by law or regulation.

Government instrumentality it refers to any agency of the national government that is not integrated within the department framework, vested with special functions and jurisdiction by law, endowed or vested with some if not all corporate powers, administering special funds and enjoying operational autonomy usually created by a charter. Regulatory agencies, chartered institution and GOCC are types of instrumentalities. Agency and instrumentalities are synonymous but are different in terms of its creation. An agency needs a special law while an instrumentality does not. Regulatory agency refers to any agency expressly vested with jurisdiction to regulate administer and adjudicate matters affecting substantial rights and interest of private persons, the principle power of which are exercised by a collective body such as commission, a board and a council. Chartered institution refers to any agency organized or operating under a special charter vested by law with functions. Creation and abolition of administrative bodies for creation we have constitution and statutes. For abolition, if the administrative body is created constitutionally then a constitutional amendment should be made. If the administrative body is created by a statute then an enactment of a repealing law should be passed. Constitutional amendment partial change of the constitution, there are 3 processes: 1 constituent assembly (congress voting separately), 2 Constitutional Convention (congress 2/3 joined voting), 3 Peoples Initiative (12% of all voters, 3% coming from all district) Constitutional Revision substantial change, there are only 2 processes: same with constitutional amendment except for the Peoples Initiative. General rule in the delegation of powers: Potestas delegata non potest delegare a power that has already been delegated cannot be delegated again. There are exemptions: tariff power of the president, emergency power of the president, delegation to local government units, delegation to administrative bodies. Test for a valid delegation: 1. Completeness test the law must be complete in itself (nothing is left to be done except to execute it or delegate it) 2. Sufficient Standard test a declared national policy must be indicated which should be followed and there should be boundaries and restriction to its delegation. (To prevent abuse of authority, and because there is only a quasi-legislative power delegated and NOT pure legislative power to these administrative bodies.) Assignment: powers of administrative bodies. (Quasi-legislative, quasi-judicial, determinative power). Read the case of Ang Tibay vs. CIR.

July 3, 2012
Quantum of Evidences
Degree/ Quantity

Administrative Case o Substantial evidence reasonable, prudent and discrete man might accept as adequate to support conclusion. Act of obtaining evidence Doctrine of Fruit of the Poisonous Tree Strong/convincing evidence but are illegally obtained. Respondent the person being complained before filing a case. Accused the person being complained once the case was filed. Demure of evidence once granted the accused shall be acquitted, once denied he will be convicted. Criminal Cases o Proof of guilt beyond reasonable doubt if theres any doubt in the evidence presented the court must acquit the accused. Civil Cases o Preponderance of Evidence the heavier the value/the greater # of evidence the better. Clear and Convincing evidence evidence required to rebut [o] Criteria in Determining whether a body is an Administrative body [o] 1. Criteria as to function primary function is regulatory in nature. If the regulatory function/power of regulation is incidental its not an administrative body. 2. Criteria as to Discretion doesnt have any discretion to determine what a particular law is all about.
Fill in details of the law for them to efficiently enforce. Legislative body (Congress)

[o] Scope of Administrative Law [o] 1. The law that provides for the administrative structure and organization of the government. 2. Laws whose enforcement is vested with the administrative bodies. 3. Laws that governs public officers including right and duties, functions, competence, election and appointment in office. 4. Laws that create the administrative bodies and provide their functions, duties and responsibilities, rules of procedure to include the adjudication of actual controversies involving rights within their respective jurisdiction. 5. Laws that provide remedies either judicial or administrative available to aggrieved parties in the order and decision granted by these administrative bodies. 6. Administrative rules and regulations, orders and decisions used by these administrative bodies in the interpretation and enforcement of the law entrusted to them to be enforced.

[o] Classification of Administrative Law [o] 1. As to source law that controls these administrative bodies, laws enacted by these administrative bodies/authorities, it refers to the rules and regulations. 2. As to purpose: Procedural administrative law it refers to those methods/procedures that must be followed by these administrative bodies in the exercise of their powers. Substantive administrative law it refers to those laws that create primary rights and duties. 3. As to applicability: General Administrative law law that apply to all administrative bodies (common) Special/Particular Administrative law laws that focus more or deals with single/specific/particular administrative bodies. [o] Types of Administrative Agencies [o] 1. Those Administrative bodies that are enacted to function in those situations wherein the government is offering some gratuity, grant or privileges. 2. (hindi ko pa nacompleto tong part na to)

July 10, 2012

Administrative bodies these are bodies other than the legislative and judicial department vested with quasi-legislative, quasi-judicial and determinative powers. They exercise these powers to efficiently implement the law entrusted to them. The purpose of administrative bodies 1. 2. 3. 4. 5. 6. To dispense with certain privileges accorded by the government. To carry out government business or function. To undertake some business service to the public. To regulate certain public callings or professions or business affecting public interest. To promote rights of individuals through regulations. To determine certain rights of individuals in cases where strong social policy is concerned/involved.

THE POWERS OF THE ADMINISTRATIVE BODIES Quasi-Legislative the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out provisions of a law and implement legislative policy. The end product of this power is the rules and regulations of an administrative body. These rules and regulations are applied to all who are under their jurisdiction. The rules and regulations are generally prospective in nature. Publication is required in the issuance of this rules and regulations (Tanada vs. Tuvera [publication is mandatory]). There are exemptions to the publication of the law. If the law is internal in nature then publication is no longer required/mandatory because it no longer affects the general interest. Another exemption are laws that are interpretative. o What are the requirements before rules and regulations must be valid? (see discussion of July 17, 2012 page 9) o The quasi-legislative power is not an inherent power, it is delegated. o Prospectivity all laws should be prospective in nature, it should affect the present until the future, but there are certain laws that have retrospective effects. The exemptions are (to prospectivity): When the law expressly applies its retrospective application for as long as it does not impair vested rights (vested rights established rights provided by law). If the law that is enacted is procedural in character. (In procedural law there are no vested rights). In case of curative legislation. (Legislations that are correcting past legislations or a repealing law) In case of penal laws (penal laws are those laws providing punishment or penalty). In order for the law to be retrospectively applied it should be in favour of the accused and the accused must not be a habitual delinquent.

 If the law, for the first time, establishes a substantial right. Quasi-Judicial the end product of quasi-judicial power is administrative order, decision or reward. It applies to specific people only. Present determination of rights, privileges and duties as of previous or present times (which makes it retrospective in nature). Notice and hearing are generally required in administrative adjudication (in a quasi-legislative power it requires publication).

July 17, 2012

Two kinds of rules and regulations: 1. Substantive rules that affects substantive rights and obligations of a private person. 2. Procedural something that provides for the means, method or manner of enforcing such substantive rights and obligation. Rules and regulations have the presumption of legality. They remain legal and enforceable unless they are contested by a person of legal standing. If rules and regulations are questioned then one should complain to the Appellate court and if not satisfied by the decision then to the Supreme Court. Doctrine of Subordinate Legislation power of administrative bodies to enact rules and regulations and to fill in the details of the law in order to effectively carry out its duties and the charter that created these administrative bodies.

Types of rules and regulations 1. Supplementary or detailed its function is to enforce a primary law through the process of subordinate legislation. It has something to fill in the details of a particular law. 2. Interpretative legislation/rules and regulations the primary function is merely to interpret the law for the common observance of all who is within the jurisdiction of these administrative bodies.

Administrative bodies can interpret the law, they are authorized. This is because they are experts in the fields they handle, for as long as it is not contrary to any existing laws or the constitution. Administrative bodies cannot interpret a law in doubt. Depriving the administrative bodies of their power to interpret the law would be, in effect, be defeating the law itself. The third type contingent rules and regulations. The purpose of which is to either enforce or suspend the application of a particular law after the ascertainment of a particular contingency. In this kind of action or law no publication is necessary. o Contingency an emergency need or situation, or a calamity. Additional information in passing a law: 1. First Reading the title is being read and the author 2. Second Reading Debate and amendments 3. Third Reading reading of the title then the yeas and nays Four requisites for rules and regulations to be valid: 1. It must be issued under the authority of a law (there must be a valid delegation, with the use of the two test)

2. It must be within the scope and par view of the law (it should not exceed the scope of the law or charter that created these administrative bodies) 3. It must be promulgated in prescribed procedure and is conformity with existing laws and the Constitution 4. It must be reasonable o Test for reasonableness of rules and regulations: 1. Must promote public welfare 2. It must not be arbitrary 3. The method that was used in enacting such rules and regulations must be directly related to the purpose of the rule 4. The legislative policy must be provided Notice and hearing is not required in quasi-legislation but there are exemptions: 1. If the judicial department so calls for it 2. If such rules and regulations is a settlement of an actual controversy 3. If such rules and regulations is enacted in the exercise of subordinate legislation, notice and hearing are required When the Administrative body acted arbitrarily, capriciously and whimsically then the solution is Rule 65 (certiorari) Principles for validity 1. 2. 3. 4. 5. Rules and regulations should be in harmony with the law Rules and regulations cannot add or detract from the law It must be promulgated for the sole purpose of carrying the law into effect The rules and regulations cannot expand the coverage of the law The rules and regulations they must be germane to the objects and purposes of the law; must conform to the standards that the law prescribes; must relate solely into carrying into effect the general provision of the law

Rationale: Administrative bodies cannot amend the acts of Congress.

August 28, 2012

Quasi-Judicial power to hear and determine actual facts and actual controversies and to decide through the application of certain/pertinent laws. Requirements: there must be jurisdiction, notice and due process. Latches failure to enforce a particular right within a reasonable period of time. (accepted but will fail to prosper) Jurisdiction power to hear and to decide actual controversies/cases. Types: Over the person acquired through summon. Upon issuance and receipt (regardless of whether you filed for a reply), content of summon - will inform the person/party that a case is filed against him and will be given ample time to reply or submit your answer. Motion to dismiss in MTC either you did not undergo Barangay conciliation or no jurisdiction) Over the complainant when you filed for a complaint o Over the subject matter acquired depending upon the o Over the issue desecration. Jurisdiction is conferred by law (there must be a particular law that will authorize a particular body to exercise jurisdiction over a case. It cannot be the subject of agreement or stipulation of both parties, as compared to venue.) Venue place where the trial will be conducted (cases filed in another regional trial court can be accepted but will not prosper due to the wrongness of the venue) o Civil cases venue is subject to agreement. o Criminal cases venue is not subject to agreement. o

Notice: Types: 1. Personal actual knowledge (personally sent) 2. Constructive through publication Due Process the essence of due process is the opportunity to be heard. Right to counsel is not part of administrative due process; tribunal is not mandated to give counsel. o Certificate of indigence [required to acquire free counsel] o Pleadings complaint, information = tantamount to opportunity to be heard o Reconsideration can be denied. o Appeal always accepted [if denied, there is denial of due process].

Hearing starts when evidence is presented. Starts during trial proper. Trial broader than hearing, starts even without evidence (arraignment, pre-trial) from the period when case is filed until something ASSIGNMENT what are included in quasi judicial powers, concept of contempt of court, concept of due process and search on the 3 types of preventive suspension.

October 2, 2012
If a law is passed and its interpretation is ambiguous in nature then it is void due to the Principle of Void for Vagueness. Res Judicata It is a rule of procedure in administrative cases that bars continues litigation Contempt power inherent in court but not in quasi-judicial bodies, there must be a law that grants these quasi-judicial bodies the power of contempt. Restriction to judicial and quasi-judicial power procedural law. This is a requirement of due process that is indispensable except in matters that are internal or interpretative in nature publication. It is a compulsory process requiring a person to give his oral statement subpoena ad testificandum It is a compulsory process requiring a person to give documents or objects subpoena ducess tecum

Rules of procedure of administrative bodies are valid even if they are contrary to the rules of procedure of court. Administrative bodies does not strictly adhere to the rules of court, thus the court cannot impose these administrative bodies to follow the rules of court strictly. Contempt of court refers generally to any wilful disobedience to, or disregard of, a court order or any misconduct in the presence of a court or action that interferes with a judge's ability to administer justice or that insults the dignity of the court, and is punishable by fine or imprisonment or both. A judge who feels someone is improperly challenging or ignoring the court's authority has the power to declare the defiant person (called the contemnor) in contempt of court. Also known as an overt of an individual that challenges or disobeys the courts dignity. Direct contempt is summary in nature. Its punishment may be meted out immediately without hearing. Indirect contempt hearing is required. o Criminal contempt is any malicious act that degrades the administration of justice (likened to direct contempt). o Civil contempt any act that is not malicious per se the subject matter of which involves disobedience to the order of the court (likened to indirect contempt). Preventive suspension it is a precautionary measure to prevent a person charged with a case/offense from using his office or position to influence the possible witnesses and/or to tamper any evidence that may be found in his place of office that are vital in the prosecution of the case. This applies to both administrative and criminal cases. 2 types of preventive suspension (by the Civil Service) Preventive suspension pending investigation is not considered a penalty, its purpose is to prevent a person charged with a case/offense from using his office or position to influence the possible witnesses and/or to tamper any evidence that may be found in his place of office that are vital in the prosecution of the case. An employee/person is not entitled to back wages. Preventive suspension pending appeal this is a type of preventive suspension equivalent to a penalty. An employee/person is entitled to back wages if the decision was reversed from guilty

to not guilty. A preventive suspension is only considered pending appeal when a reversal of decision was made. o Example: On January 1 there was an administrative case filed against Mr. A, assuming that there is probable cause that he might be guilty to the case filed he was preventively suspended. January 1 to February 15 was the period of preventive suspension. On February 15 a verdict was reached, he was found guilty and was imposed a penalty of dismissal. From January 1 to February 15 the suspension was not a penalty or punishment. Mr. A filed an appeal and on March 25 the decision was reversed he was no longer guilty. The period of February 15 to March 25 is considered a punishment. Who can impose preventive suspension? 1. Civil Service Duration of preventive suspension shall not exceed 90 days 2. Ombudsman Duration of preventive suspension should not exceed 6 months. Before the Ombudsman can impose preventive suspension: The evidence must be strong. The basis of preventive suspension should be dishonesty, grave misconduct, oppression and abuse of authority The possible penalty if found guilty is removal from office. Continued stay in the office would be prejudicial to the case. All elective and appointive official of the government including the following: Cabinet members LGUs GOCCs Exempted people: All those who shall be removed via impeachment. 3. Sandigan Bayan Duration of preventive suspension should not exceed 60 days. RA 3019 gives them power to impose preventive suspension. 4. President Single administrative charge 60 days, more than 1 charge 90 days Elective officials of the province, highly urbanized or independent cities. 5. Governor Same with president Component city or municipality 6. Mayor Same with president Elective barangay official 7. Employer (Under the Labor code)

Assignment: Read Defensor vs. Sandigan case.

October 9, 2012
Doctrine of Exhaustion of Administrative Remedies It has been consistently held by the Supreme Court, in a long line of cases, that before a party is allowed to seek the intervention of the court, it is a pre-condition that he should have availed of all the means of administrative processes afforded him. Hence, if a remedy within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a matter that comes within his jurisdiction, then such remedy should be exhausted first before the courts judicial power can be sought. The premature invocation of a courts intervention is fatal to ones cause of action as aptly explained by the Supreme Court in the case of University of the Philippines v. Catungal, Jr., et al., (G.R. No. 121863, May 5, 1997), to wit: The underlying principle of the rule on exhaustion of administrative remedies rests on the presumption that the administrative agency, if afforded a complete chance to pass upon the matter, will decide the same correctly. There are both legal and practical reasons for the principle. The administrative process is intended to provide less expensive and more speedy solutions to disputes. Where the enabling statute indicates a procedure for administrative review and provides a system of administrative appeal or reconsideration, the courts for reasons of law, comity, and convenience will not entertain a case unless the available administrative remedies have been resorted to and the appropriate authorities have been given an opportunity to act and correct the errors committed in the administrative forum. The rule in administrative law is that parties requesting judicial action must first exhaust their remedies in the executive branch. This is premised not only on practical considerations but also on the comity existing between different departments of the government, which comity requires the court to stay their hands until the administrative processes have been completed. (Madrinan vs. Sinco, 110 Phil. 160) Further, under the doctrine of exhaustion of administrative remedies, recourse through court action, as a general rule, cannot prosper until all the remedies have been exhausted at the administrative level, (Pacana vs. Consunji, 108 SCRA 631[1981]; Pestaas et al. v. Dyogi, et al., 81 SCRA 574 [1978]; Antonio v. Tanco, 65 SCRA 448 [1975]). Thus, in Abe-Abe et al. v. Manta (90 SCRA 524, 531 [1979]), the Supreme Court emphatically declared: When an adequate remedy may be had within the Executive Department of the government, but nevertheless, a litigant fails or refuses to avail himself of the same, the judiciary shall decline to interfere. This traditional attitude of the courts is based not only on convenience but likewise on respect; convenience of the party litigants and respect for a co-equal office in the government. If a remedy is available within the administrative machinery, this should be resorted to before resort can be made to (the) court. (Citing Cruz vs. Del Rosario, 119 Phil. 63, 66). There is no question that a statute may vest exclusive original jurisdiction in an administrative agency over certain disputes and controversies falling within the agencys special expertise. For example, the constitutionality of such grant of exclusive jurisdiction to the Housing and Land Use Regulatory Board over cases involving the sale of lots in commercial subdivisions was upheld in Tropical Homes Inc. v. National Housing Authority (152 SCRA 540 [1987]) and again sustained in a later decision in Antipolo Realty Corporation v. National Housing Authority (153 SCRA 399 [1987]) where the Supreme Court restated that the HLURB shall have exclusive jurisdiction to regulate the real estate trade and business in

accordance with the terms of PD 957 which defines the quantum of judicial or quasi-judicial powers of the said agency. As a result, the HLURB, in the exercise of its powers and functions, is authorized to interpret and apply contracts, determine the rights of the parties under these contracts, and even award damages, such as moral and exemplary, whenever appropriate. Thus, it has been held that one of the thrusts of the multiplication of administrative agencies is the interpretation of such contracts and agreements and that the determination of private rights under these agreements is no longer a uniquely judicial function. Moreover, if a remedy is very much available within the administrative machinery of the administrative agency, then this alternative should first be utilized before resort can be made to the courts, not only to give the administrative agency the opportunity to decide the matter by itself correctly, but also to avoid the very pernicious evil the doctrine itself seeks to prevent the unnecessary and premature resort to courts and the clogging of its dockets. It is also important to note that the primordial effect of non-compliance and failure to exhaust administrative remedies is that it deprives the complainants of a cause of action, which is, under the Rules of Court, a ground for a motion to dismiss. Such failure, therefore, is fatal and calls for the dismissal of the case. Why the case shall be dismissed when a case is filed before the court before all administrative remedies are exhausted: Cause of Action acts or omission by one person in violation of the legal rights of another and as a consequence, the latter suffers injuries and/or damage. Exceptions: 1. Alter Ego Doctrine 2. Denial of due process 3. When the issue is purely legal question (question of law first definition deals with the validity of the law, second is whether the law is applicable in a particular case.), (question of fact deals as to whether the facts or event really transpired.) 4. When there is estoppel by the administrative bodies. 5. When there is grave abuse of discretion or lack of jurisdiction The Supreme Court is not a trier of facts it only reviews the decisions of the lower court to affirm or not whether the decision is valid. The Supreme Court en banc can be the only ones to reverse their decision through a motion for reconsideration. Doctrine of Primary Jurisdiction or the Doctrine if the administrative bodies have the jurisdiction over a particular case and at the same time the court also has jurisdiction then the court must give way. This is because of the belief that these administrative bodies are in nature experts in their fields of specialization. Doctrine of the Finality of Judgement (Rex Judicata) the court must respect the decisions of the administrative bodies. These decisions can no longer be amended or reviewed by the court provided that is supported by substantial evidence.

Exceptions: 1. 2. 3. 4. 5. 6. When the decisions are patently wrong When the decisions are manifestly arbitrary, capriciously and unjust When the administrative bodies acted in excess of jurisdiction In case of lack of jurisdiction When the decision is vitiated, fraud and mistake In case of clerical errors or typo-graphical errors in the decision

Alter Ego Doctrine Whatever acts done by the cabinet members are considered the acts of the President. Is the exception of the exhaustion of administrative remedies and is only applicable as an exception only when the decision of the lower tribunal until the top is the same. Doctrine of qualified political agencies the President may review, revise, amend or confirm the decision of the cabinet members/subordinates. Power of Judicial review the power vested on 1 Supreme Court and all courts created by law. What are included in this power in relation to administrative decisions.