Administrative Law

By:
Mel-Lisanina Bautista











ADMINISTRATIVE PROCEDURE


Rules of Procedure, Generally
- The Constitution empowers quasi-judicial agencies to issue their own rules of procedure. It
provides that rules of procedure of quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court. This is an implied grant of power to issue procedural rules.
- The grant if quasi-judicial power to an administrative agency carries with it the power to
promulgate its rules of procedure for the proper exercise of its adjudicative power and for the
guidance of interested parties or party litigants.
- Rules of procedure issued by quasi-judicial bodies must not diminish, increase, or modify
substantive rights.
- The Rules of Court are suppletory to rules of procedure of quasi-administrative agencies.
This means that any deficiency or absence of applicable provision Rules of Court would be applied.

Rules Subject to Supreme Court Modification
- All procedural rules, whether issued by quasi-judicial agencies or embodied in statutes
enacted by Congress, are subject to alteration or modification by the Supreme Court in the exercise
of its constitutional rule-making power,
- In First Lepanto Ceramics Inc. vs CA, the provision of Sec. 79 of RA 7942, which states
that the decision of the Mines Adjudication Board may be appealed by a petition for review by
certiorari and question of law may be filed by the aggrieved party with the SC within 30 days from
the receipt of the order or decision of the Board is not effective, as there is no showing from the
face thereof that it was enacted with the advice and concurrence of the SC. Hence such order or
decision may only be appealed to the CA pursuant to Rule 43 of the Revised Rules of Court.

Technical Rules Not Applicable
- The technical rules of procedure and of evidence prevailing in courts of law and equity are
not controlling in administrative proceedings.
- Purpose: to free administrative boards or agencies from the compulsion of technical rules so
that the mere admission of matter which would be deemed incompetent in judicial proceedings
would not invalidate an administrative order.
- The rule that an administrative agency exercising quasi-judicial power is not bound by
technical rules of procedure and evidence should not be so interpreted as to dispense with the
fundamental and essential right of due process, such as the opportunity to be heard and the
existence of substantial evidence to support its decision.
- It is a settled principle that administrative rules of procedure should be construed liberally
in order to promote their object and to assist the parties in obtaining just, speedy and inexpensive
determination of their respect claims and defenses.

Procedure Prescribed by Book VII of 1987 Administrative Code
- Sec 1 provides that the rules of procedure therein prescribed shall be applicable to all
agencies defined in the next succeeding section, except the Congress, the Judiciary, the
Constitutional Commission, military establishments in all matters relating exclusively to Armed
Forces personnel, the Board of Pardons and Parole, and state universities.
- Agency -> includes any department, bureau, office, commission, authority or officer of the
National Government authorized by law or executive order to make rules, issue licenses, grant
rights or privileges, and adjudicate cases; research institutions with respect to licensing functions;
government corporation with respect to functions regulating private rights, privilege, occupation or
business; and officials in the exercise of disciplinary power as provided by law.

Justiciable Controversy; Contested Case
- The assumption of jurisdiction of an administrative agency to adjudicate a controversy
requires that there must be an appropriate case which involves a justiciable controversy.
- It is one instituted by and against parties having interest in the subject matter appropriate for
judicial determination predicated on a given state of facts.
- Party-in-interest -> is the person to whom the right to seek judicial redress or relief belongs
which can be enforced against the party correspondingly charged with having been responsible for,
or to have given rise to, the cause of action.
- Contested Case -> any proceeding, including licensing, in which the legal rights, duties or
privileges asserted by specific parties as required by the Constitution or by law are to be determined
after hearing.
> When the grant, renewal, denial or cancellation of a license is required to
be preceded by notice and hearing, it becomes a contested case, in which event the
procedure applicable for contested cases applies.
- License -> includes the whole or any part of any agency permit, certificate, passport,
clearance, approval, registration, charter, membership, statutory exemption or other form of
permission, or regulation of the exercise of a right or privilege.
- Licensing -> includes agency process involving the grant, renewal, denial, revocation,
suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of license
> Except in cases of willful violation of pertinent laws, rules and
regulations or when public safety require otherwise, no license may be
withdrawn, suspended or annulled without notice and hearing.
- Before a tribunal, board or office may exercise judicial or quasi-judicial acts, it is necessary
that there be a law that gives rise to some specific rights of persons or property under which adverse
claims to such rights are made, and the controversy ensuing therefrom is brought, in turn, before the
tribunal, board or officer clothed with power and authority to determine what that law is and
thereupon adjudicate the respective rights of the contending parties.

Institution of Proceedings
- The proceedings are instituted by the filing of a complaint or petition.
- Formal Application
> Alleges the ultimate facts and prays for specific reliefs.
> Rules against forum shopping applies to quasi-judicial proceedings
> Complaint should contain a certification under oath that complainant:
1. Has not therefore commenced any action or filed any claim involving the
same issues in any court, tribunal, or quasi-judicial agency and to the best of his knowledge, no
such other action or claim is pending therein.
2. If there is such other pending action or claim, a complete statement of the
present status thereof;
3. If he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his
aforesaid complaint or initiatory pleading had been filed.

- Ex Parte or Informal Proceedings
> Application for permits or licenses or renewal thereof
> May be initiated by a mere letter sent by a complainant.
> These proceedings become contested when the application is opposed or denied, or
such letter, after ex parte investigation, show the need for the person complained of to be given
opportunity to be heard on the matter.

Forum Shopping
-> The improper practice of going from one court to another in the hope of securing a
favorable relief in one court which another court has denied or the filing or repetitious suits or
proceedings in different courts concerning substantially the same subject matter.
-> A party seeks a favorable opinion in another forum, other than appeal or certiorari

Test to Determine Forum Shopping
- Whether the elements of litis pendentia are present or whether a final judgment in one case
will amount to res judicata in the other.
- Where there are identity of parties or interests represented, rights asserted and relief sought
in different tribunals.

Acquisition of Jurisdiction
- By acquiring jurisdiction over the person of the petitioner
> by voluntary appearance through filing a complaint, petition or an initiatory or
appropriate pleading and paying fees, if required by the agencys rules
- By acquiring jurisdiction over the person of the respondent
> by voluntary appearance or submitting to the body or by service of summons upon
him
- Summons -> a writ by which a respondent is notified pf the action against him and is asked
to file his answer thereto.

Pre-Trial Conference
- Before a contested case is scheduled for hearing, a pre-trial conference is held among the
parties to the case
- Sec. 10 of Book 7 of the 1987 Administrative Code requires that To expediate
demondstative proceedings involving conflicting rights or claims and obviate expensive litigations,
every agency shall in the public interest, encourage amicable settlement, compromise, and
arbitration.

Default in Administrative Case
Default -> used in its broad meaning, to include failure to file a responsive pleading, failure
to appear in any hearing or failure to present evidence, in any of which instances the hearing may
proceed in his absence without violating the partys right to due process.

Administrative Proceeding; Hearing
- Involves:
1. taking and evaluation of evidence
2. determining facts based upon the evidence presented
3. rendering an order or decision supported by the facts proved
- The parties shall be given opportunity to present evidence and argument on all issues. The
notice and hearing are procedural requirements of due process, the absence of which will render
the decision in a contested case null and void. The essence of procedural due process in admin
proceedings is the opportunity to be heard.
- The motion for reconsideration constitutes a sufficient opportunity to be heard just as an
appeal be taken from the decision accords the losing party the opportunity to present his side. Any
such procedural step cures the defect of lack of previous notice, except when the other due process
requirement i.e presence of substantial evidence as basis of the decision , cold neutrality of an
impartial judge on the part of the quasi-judicial officer, competent and impartial tribunal, have not
been complied with.
- Hearing does not necessarily require a trial type presentation of evidence. To be heard does
not mean verbal arguments before tribunal; it can be through written pleading. However where it
appears that there are issues of fact which cannot be decided without trials of the case on the merits,
one must be held.

Subpoena and Contempt of Court
- Subpeona -> is a process directed to a person requiring him to attend and testify at the
hearing or trial of the action or at any investigation conducted under the laws of the country
- Subpeona Duces Tecum -> an order to produce specified documents, and the same is issued
upon application of a party by showing clear and unequivocable proof that the documents sought to
be produced contain evidence relevant and material to the issue before the agency.
- The authority to issue subpoena and subpoena duces tecum and to punish for contempt any
disobedience thereof by itself, if so authorized, or through the courts, applies only in the exercise by
the administrative agency of its quasi-judicial power and not its administrative or ministerial
functions.

Evidence
- The right to cross-examine witnesses, which Sec. 12(3) Book 7 of the 1987 Administrative
Code gives every party, implies that no hearsay evidence be admitted, as the right of cross-examine
is the safeguard against its admission.
- Admitting of Evidence > the agency may admit and give probative value to evidence
commonly accepted by reasonably prudent men in conduct of their affairs.
- Affidavits of Witnesses may not be considered unless the affiants are put in the witness
stand for cross-examination on their affidavits, except when the parties waive the same expressly or
impliedly
- Matters of judicial notice have 3 material requisites
1. it must be one of common and general knowledge
2. it must be well and authoritatively settled and not doubtful or uncertain
3. it must be known to be within the limits of the jurisdiction of the tribunal
- To assure compliance with the requisites of judicial notice, the rules require that the quasi-
judicial tribunal or agency shall notify the parties of the facts take judicial notice, and shall afford
them the opportunity to contest the facts so noticed.

Hierarchy of Evidence Values
1. Proof Beyond Reasonable Doubt -> required for conviction of an accused in a criminal case
means that which is logical and inevitable result of the evidence on record, exclusively of any other
consideration, or moral certainty or that degree of proof which produces conviction in an
unprejudiced mind
2. Clear and Convincing -> that measure or degree of proof which will produce in mind of
trier of facts a firm belief or conviction as to the allegations sought to be established
3. Preponderance of Evidence -> the degree of evidence required in civil cases, means that
evidence which is of greater weight or more convincing that that which is offered in opposition to
4. Substantial Evidence -> the required to reach a conclusion in administrative proceedings or
to establish a fact before administrative and quasi-judicial bodies means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion; more than a scintilla but may be
somewhat less than preponderance

Delegation of Quasi-Judicial Power
The power conferred upon an administrative agency to issue rules and regulations necessary
to carry out its functions has been held to be an adequate source of authority to delegate a particular
function, unless by express provision of the law or by implication it has been withheld.

Delegation to Receive Evidence
- Sec. 24(1) Every Agency shall have such number of qualified and competent members of
the bar as hearing officers as may be necessary for the hearing and adjudication of contested cases.
The provision is an implied grant of power to quasi-judicial agencies to delegate to hearing officers
the reception of evidence.
- A quasi-judicial body may delegate the function to receive evidence and perform any and all
acts necessary for the resolution of factual issues falling within its jurisdiction.
- The delegate merely reports the facts found and the quasi-judicial body retain the power to
approve or reject the report and to decide the case.
- The rule that requires an administrative officer to exercise his own judgment and discretion
does not preclude him from utilizing; as a matter of practical administrative procedure, the aid of
subordinates to investigate and report to him the facts, on the basis of which the officer makes his
decision.


DUE PROCESS IN QUASI-JUDICIAL PROCEEDINGS


Generally
- Two concepts:
1. Substantive Due Process responsiveness to the supremacy of reason, obedience
to the dictates of justice; requires that the law itself, not merely the procedures by which the law
would be enforced is fair, reasonable and just.
2. Procedural Due Process consists of the 2 basic rights of notice and hearing, as
well as the guarantee of being heard by an impartial and competent tribunal; refers to the method or
manner by which the law is enforced

Cardinal Primary Requirements of Due Process, Generally
1. the right to a hearing which includes the right to present ones case and submit evidence
in support thereof
2. the tribunal must consider the evidence presented
3. the decision must have something to support itself
4. the evidence must be substantial, and substantial evidence means such evidence as a
reasonable mind might accept as adequate to support a conclusion
5. the decision must be based on the evidence presented at the hearing, or at least contained
in the record and disclosed to the parties affected
6. the tribunal or body of any of its judges must act on its own independent consideration of
the law and facts of the controversy, and not simply accept the views of subordinate
7. the board or body should in all controversial questions, render its decision in such manner
that the parties to the proceeding can know the various issues involved, and the reason for the
decision rendered
8. the officer or tribunal conducting the investigation must be vested with competent
jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee
of honesty and impartiality

- What due process abhors is not lack of previous notice but the absolute lack of opportunity
to be heard. The essence of due process is the opportunity to be heard.

Requisites of Due Process, Generally
- The principle of due process furnishes a standard to which governmental action should
conform in order to impress it with the strand of validity. Fidelity to such standard must of necessity
be the overriding concern of the government agencies exercising quasi-judicial functions.
- In quasi-judicial proceedings, where it appears that there are issues of fact whoch cannot be
decided without a trial of the case on the merits, one must be held. The rule is where and
adjudicative fact is at issue, a trial-type hearing ought to be held.
- Administrative due process include:
1. the right to notice, be it actual or constructive, of the institution of the proceeding
that may affect a persons legal rights
2. reasonable opportunity to appear and defend his rights, introduce witnesses and
relevant evidence in his favor
3. a tribunal so constituted as to give him reasonable assurance of honesty and
impartiality, and one of competent jurisdiction
4. a finding or decision by that tribunal supported by substantial evidence presented
at the hearing, or at least contained in the records or disclosed to the parties affected.

Cold-Neutrality of Impartial Judge
- A critical component of due process is a hearing before and impartial and disinterested
tribunal. Ingrained is the rule that every litigant is entitled to nothing less that the cold neutrality of
an impartial judge.
- Instances:
a. a hearing officer in a contested case cannot act as prosecutor in the same case.
b. an admin officer who has rendered a decision in a contested case cannot review, after he has
been promoted to a higher position with review functions, the decision in the said case.
- In order that the review of the decision of a subordinate officer might not turn out to be a
farce, the reviewing officer must perforce be other than the officer whose decision is under review;
otherwise, there could be no different view or there would be no real review of the case.

Impartial and Competent Tribunal
- One of the indispensable requirements of due process in administrative proceeding is that
the tribunal conducting the investigation:
1. must be vested with competent jurisdiction
2. constituted as to afford a person charged administratively a reasonable guarantee
of honesty and impartiality.

Notice and Hearing
- Due process as guaranteed by the constitution extends to admin proceedings, the foremost
requirement of which is the right to a hearing, which include the right to present ones case and to
submit evidence in support thereof. The need for notice and opportunity to be heard is the heart of
procedural due process.
- A violation of any of the cardinal requirements of due proceedings renders any judgment or
order issued therein null and void and can be attacked in any appropriate proceeding.
- If there is an alleged violation of the rules, then the party affected should be given the
chance to show otherwise and not in a motion for reconsideration thereafter filed, as the issue of
violation raises factual issues which require trial-type hearing to ascertain its truth.

a. Prior Notice and Hearing Required
- In administrative case, the general rule is that prior notice and hearing are
necessary only where the law so requires.
- The inquiry should therefore be into the enabling statute which clothes an
administrative agency or officer with certain duties and responsibilities in the discharge of which
some person may be adversely affected.
- In any contested case all parties shall be entitled to notice and hearing. The notice
shall be served at least five days before the date of the hearing and shall state the sate, time and
place of hearing.
- In a case decided by the Supreme Court, it was held that: The Sandiganbayan can
preventively suspend a public official charged with a crime before it, there must first be a hearing to
determine the validity of the information, and a finding that the information is valid makes it
mandatory for the court to preventively suspend the accused for a period not exceeding ninety days.

b. When Prior Notice Not Required
- As a general rule, where what is exercised is police power duly delegated to an
administrative officer, or where what is sought to be prevented or achieved requires immediate
action for the public good or interest, prior notice or hearing is not necessary for the validity of the
action taken, so long as the aggrieved party is subsequently accorded hearing on the action taken,
by the administrative agency setting the case for hearing or upon motion or petition by the
aggrieved party.
- The withdrawal, suspension or annulment of a license in cases of willful violation
of pertinent laws, rules and regulations or when public security, health or safety so require.

Prior Notice Not Required in the Exercise of Police Power
- Where the act questioned results from the exercise of police power of the state, prior notice
and hearing are not required, unless the applicable law so expressly provides. Considerations of
procedural due process cannot outweigh the evil sought to be prevented by the exercise of police
power.
- 2 Kinds of Nuisances:
1. Nuisance per se constitutes a direct menace to public health or safety, and so may be
abated summarily, without legal proceedings and without hearing
2. Nuisance per accidens which depends upon certain conditions or circumstances and which
is a question of fact, cannot be abated without due hearing in a tribunal authorized to decide
whether such thing does in law constitute a nuisance
- Twin rights of notice and hearing may be considered dispensable in certain instances:
1. In proceedings where there is an urgent need for immediate action, like the summary
abatement of a nuisance per se.
2. Where there is a tentativeness of administrative action, that is , where the respondent is not
precluded from enjoying the right to notice and hearing at a later time without prejudice to the
person affected, such as the summary distraint and levy of the property of a delinquent taxpayer,
and the replacement of a temporary appointee
3. Where the twin rights have previously been offered but the right to exercise them had not
been claimed.

Notice Minimum Requirement in Summary Dismissal
- In summary proceedings, which are authorized by law to be instituted against erring police
officers, the filing of charges which must be made known to the respondent and the allowance of
reasonable opportunity to respondent to answer the charges constitute the minimum requirements of
due process.
- It is mandatory that charges be specified in writing and that the affidavits in support thereof
be attached to the complaint because these are the only ways by which evidence against the
respondent can be brought to his knowledge.
- The rule that the requirements of due process are satisfied if a party initially denied a
hearing is subsequently granted one by means of motion of reconsideration applies only if the
charges and the evidence against him are set forth in the record.

Notice and Hearing in Rate-Fixing
- The issuance of a fixing rate order, which is issued by and administrative agency in the
exercise of its quasi-judicial power requires notice and hearing.
- As a general rule, a public utility must be afforded some opportunity to be heard as to the
propriety and reasonableness of rate fixed for its services by a public service commission.

Prior Notice in Issuance of Ex Parte or Preliminary Order
- As a general rule, provisional reliefs, such as temporary restraining orders, cease or desist
orders, may be granted by quasi-judicial agencies without prior notice and hearing.
- Similarly, in disciplinary proceedings, the disciplining authority may preventively suspend
the officer or employee charges with a grave offense without prior notice or hearing, the preventive
suspension not being a penalty.
- Needs the establishment of prima facie evidence

Opportunity to be Heard
- Essence of due process in administrative proceedings is the opportunity to explain ones side
or a chance to seek reconsideration of the action or ruling complained of.
- As long as the parties were given the opportunity to be heard before the judgment was
rendered, the demands of due process were sufficiently met.
- Even if there is notice or opportunity to be heard, which is said to be the essence of due
process, there is still violation of due process which renders the decision or ruling of the
administrative agency invalid, where:
1. there is no evidence to support the decision
2. where evidence other than that presented during the proceedings or disclosed in the records
was taken into account in rendering the ruling
3. where the quasi-judicial body or officer did not possess the cold neutrality of an impartial
judge, as when he acted as investigator
4. where the administrative officer or body acted with grave abuse of discretion amounting to
lack or excess of jurisdiction

Where there is no Denial of Due Process
- A party who has been notified of the hearing but failed to attend the same or refrained
from participating in the agency proceedings cannot complain that he has been denied due process.

Motion for Reconsideration Cures Procedural Due Process Defects; Exceptions
General Rule: The rule that the filing of a motion for reconsideration of the decision or
ruling against a party cured the defect in the lack of prior notice and hearing as to preclude the party
from claiming denial of due process assumes that the other requirements of due process have been
complied with.
Exceptions:
1. If any of the other requirements has not been observed, the rule does not apply, as
when the evidence against the party is not set forth in the record of the case, one of the
indispensable requirements of due process being that the decision of an administrative agency must
be rendered on the evidence contained in the record and disclosed to the party affected and the
motion for reconsideration not being sufficient to cure the fatal defect.
2. The fact that the affected party had been heard before an investigating body,
whose findings were the basis of the disciplinary action against him, does not preclude a finding
that he has been denied due process, rendering the penalty imposed as invalid, where the
investigating body did not include as member a representative from an organization specifically
required by law to be so represented therein because one of the indispensable requirements of due
process that the officer or tribunal conducting the investigation must be vested with competent
jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee
of honesty and impartiality, was not followed.
3. Where the decision against him has nothing to support itself, one of the cardinal
requirements of due process being that the decision or ruling of an administrative body must be
supported by substantial evidence.

Substantial Evidence as Basis of Decision
- Another cardinal requirement of due process in administrative adjudication is that the
decision must be rendered on the evidence presented at the hearing or at least contained in the
record and disclosed to the parties affected.
- The decision must be supported by substantial evidence and absent such would render the
decision void.

Right to Counsel, Not a Due Process Requirement
- In the case of Lumiqued vs. Exevea the issue raised was: Does the due process clause
encompass the right to be assisted by counsel during an administrative inquiry? The Supreme
Court ruled that petitioners invoke the right of an accused in criminal proceeding to have competent
and independent counsel of his own choice. Lumiqued was not accused of any crime in the
proceedings below. The investigation conducted by the committee created by Dept. Order 145 was
for the purpose of determining if he could be held administratively liable under the law for the
complaints filed against him. While investigations conducted by an administrative body may at
times be aking to a criminal proceeding, the fact remains that under the existing laws, a party in an
administrative inquiry may or may not be assisted by counsel, irrespective of the nature of the
charges and of the respondents capacity to represent himself, and no duty rests on such body to
furnish the person being investigated with counsel.
- The right to counsel is not indispensable to due process unless required by the Constitution
or the law. In administrative proceedings, the essence of due process is simply the opportunity to
explain ones side.


DECISION, APPEAL AND JUDICIAL REVIEW


Decision Defined
(In administrative law) means the whole or any part of the final disposition, not of an
interlocutory character, whether affirmative, negative, or injunctive in form, of a quasi-judicial
agency in any matter, including licensing, rate fixing and granting of rights and privileges.

Period to Render Decision
- Section 14 of Book VII of the 1987 Administrative code provides that the agency shall
decide each case within thirty days following its submission.
- A case is deemed submitted for decision after both parties shall have concluded presentation
of their evidence or upon the filing of their respective memoranda, if required or if they so ask and
the same be granted.
- A statute requiring rendition of judgment within a specified time is generally construed to be
merely directly, so that non-compliance with it does not invalidate the judgment on the theory that
if the statute had intended such result it would have clearly indicated, but the failure of the
administrative or quasi-judicial officer to decide the case within the prescribed period may render
him administratively liable therefore, as he is enjoined by the code of conduct for public officers to
promptly act on all matters before him.

Form of Decision
- The fact that quasi-judicial agencies are not courts of justice does not excuse them from the
requirement that their decisions should clearly and distinctly express the facts and the law on which
they are based.
- Sec. 14, Book VII of the 1987 Administrative Code requires that Every decisions rendered
by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts
and the law on which it is based.
- Compliance by quasi-judicial tribunals or agencies with the requirements of decision-
writing becomes especially important in appealable decisions because decisions of quasi-judicial
bodies are appealable to the Court of Appeals by means of a petition for review, in which the
appellant is entitled to raise questions of fact, or of law, or both.

Publication of Decisions
- The law requires that every agency shall publish and make available for public inspection
all decisions or final orders in the adjudication of contested cases.

Relief and Sanction
Relief -> includes the whole or part of any grant of money, assistance, license, authority,
privilege, exemptions, exception, or remedy; recognition of any claim, right, immunity, privilege,
exemption or exception; or taking of any action upon the application or petition of any person.
Sanction-> includes the whole or part of a prohibition, limitation or other condition affecting
the liberty of any person; the withholding of relief; the imposition of penalty or fine; the destruction,
taking, seizure or withholding of property; the assessment of damages, reimbursement, restitution,
compensation, cost, charges or fees; the revocation or suspension of license; or the taking of other
compulsory or restrictive action.

Finality of Decision
- The decision of the agency shall become final and executory 15 days after the receipt of a
copy thereof by the party adversely affected unless within that period an administrative appeal or
judicial review, if proper, has been perfected. One motion for reconsideration may be filed, which
shall suspend the running of the said period.
- An administrative agency may alter, modify or reverse its decision with or without a motion
for reconsideration, only before the decision becomes final and executor. The established principle
is that once a decision becomes final and executor, it is removed from the power or jurisdiction of
the quasi-judicial body which rendered it to further alter or amend, much less revoke it.

Promulgation of Decision
- A decision of an administrative officer or agency, in the exercise of quasi-judicial power,
becomes binding only after it is validly promulgated.
- Promulgation -> the delivery of the decision to the clerk of court for filing and publication
-> the process by which a decision is published, officially announced,
made known to the public or delivered to the clerk of court form filing, coupled
with notice to the parties or their counsel.
- If at the time of the promulgation of a decision or resolution, a judge or a member of a
collegiate court or quasi-judicial agency had earlier signed or registered his vote for the decision,
has vacated his office, his vote is automatically withdrawn or cancelled.

Notice of Decision
- The parties are entitled to be informed of the decision rendered by the quasi-administrative
agency.
- If a party is represented by counsel, the notice of the decision must be made upon counsel.
It is well settled that notice to counsel is notice to client. On the other hand, notice to client does not
mean notice to counsel.

Decision by Collegiate Body; Vote Required
- A collegiate body can validly decide only when it formally acts as such. A decision by a
director for the collegiate body is void. Just as the decision of only one member thereof is void
where a quorum of two is required
- Commission -> a body composed of several persons acting under lawful authority to
perform some public service. It is also defined as a board or committee of officials appointed and
empowered to perform certain acts or exercise certain jurisdiction of a public nature or service.
- Where the law creating a collegiate body provides that its decision be arrived by majority
vote, such majority can validly render a decision. For all practical purposes, the majority becomes
the full board. For all practical purposes, the majority becomes the full board.
- The powers and duties of boards and other collegiate bodies may not be exercised by
individual members separately. Their acts are official only when done by the members convened in
session, upon the concurrence of at least a majority.

Final Decisions Not Reviewable
- A final resolution or decision of an administrative agency also binds the Office of the
President even if such agency is under the administrative supervision and control of the latter.
- Administrative decisions must end sometime, as fully as public policy demands that finality
be written on judicial controversies.

Appeal in Contested Cases
- Appeal is not part of due process, but a statutory privilege which may be exercised only in
the manner and within the period prescribed by law as it is mandatory and jurisdictional.
- In the absence of any specific rules applicable to a particular agency, the appeal should
comply with Book 7 of the 1987 Administration Code Secs. 19-22.
- The appellate should assign errors committed, the general rule being that the appellate body
may not pass upon errors not assigned.

Administrative Review
- Review -> reconsideration or re-examination of a decision or ruling of a subordinate officer
by a superior officer or higher administrative agency.
- Review by a superior officer or department head may be undertaken motu proprio if the
decision has not yet become final, in the exercise of his control power over the acts of his
subordinate.
- While there is no disputing the authority of administrative superiors to revers the findings of
their subordinates, this power must be exercised sparingly and only upon a clear showing error.
- General Rule: evidence not formally submitted during the hearing before an administrative
agency may not be submitted, for the first time, on appeal and the reviewing administrative body
may not, therefore, consider it.
- Exception: when an issue was not raised before the lower administrative agency
and evidence on connection therewith was not accordingly presented, but which issue was resolved
by the latter in its decision, the adverse party, on appeal, was entitled to present rebuttal
evidence on said issue and the refusal of the reviewing agency to consider such rebuttal evidence
on the ground that the same was not formally offered during the hearing constituted grave
abuse of discretion and left decision on appeal without substantial basis to support it.

Presumption of Legality
General Rule: The legal presumption that official duty has been duly performed is
particularly strong as regards to acts of quasi-judicial agencies in connection with the enforcement
of laws affecting particular fields of activity, the proper regulation or promotion of which requires a
technical or special training, aside from a good knowledge and grasp of the overall conditions
relevant to said field.
Exception: There is no presumption of regularity of any administrative action which results
in depriving a taxpayer of his property through tax sale.

Finality of Decision of Appellate Agency
- In any contested case, the decision of the appellate agency shall become final and
executory fifteen days after the receipt by the parties of a copy thereof, unless a motion for
reconsideration is seasonably filed or a petition for review of such decision is filed with the Court of
Appeals within fifteen days from receipt of the decision or of the denial of the motion for
reconsideration.

Res Judicata
- The doctrine of res judicata applies to decisions or orders of administrative agencies that
have become final. Such decisions or orders are conclusive upon the rights of the affected parties as
though a court of general jurisdiction had rendered the same.
- The rule which forbids the reopening of a matter once judicially determined by competent
authority applies as well to the judicial and quasi-judicial acts of public, executive or administrative
officers and boards acting within their jurisdiction as the judgments of courts having general
judicial powers.

When Res Judicata Disregarded
General Rule: Once a litigants rights have been adjudicated in a valid judgment by a
competent court he should not be granted an unbridled license to combe back for another try.
Exceptions:
1. When there are supervening events which make it imperative, in the higher interest of
justice, to modify said judgment to harmonize the disposition with the prevailing circumstances,
especially where no private individual will be financially prejudiced by overturning the final
judgment.
2. The rule may also be overlooked where the same has been waived or has not been timely
raised as a defense, where the application of the principle, under the particular facts obtaining,
would amount to a denial of justice or a bar to a vindication of a legitimate grievance.
3. The principle may be disregarded if its application would involve the sacrifice of justice to
technicality.
General Rule: The principle does not operate between persons who, having been co-parties
in the first case, are opposing partied in the second case.
Exception: Where the individual claims of such co-parties in the first case were raised in
issued, litigated and determined, res judicata applies to such co-parties.


Power to Issue Writ of Execution to Enforce Judgment
In the case of GSIS vs. Civil Service Commission, the Supreme Court sustained the power
of the CSC to order execution of its final decision issued in the exercise of its quasi-judicial or
adjudicatory authority, as there is no law which denies it such authority.
It would seem quite obvious that the authority to decide cases is inutile unless accompanied
by the authority to see that what has been decided is carried out.
Unless the law vesting quasi-judicial power to an agency provides otherwise, the agency
promulgating its decision has the implied power to issue a writ of execution to enforce its decision.