Professional Documents
Culture Documents
J. ADMINISTRATIVE LAW
a. GENERAL PRINCIPLES
Q: What is an instrumentality?
Q: Define Administrative Law?
A: It is a branch of public law fixing the
organization and determines the competence of
administrative authorities, and indicates the
individual remedies for the violation of the rights.
Q: What are the kinds of Administrative Law?
A:
1.
2.
3.
4.
Constitutional provision
Authority of law
Legislative enactment
Q: What is an Agency?
A: An agency is any department, bureau, office,
commission, authority or officer of the national
government, authorized by law or executive order
to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to
functions regulating private rights, privileges,
occupation or business, and officials in the
exercise of the disciplinary powers as provided by
law.
Q: What is the distinction between the two?
A: There is no practical distinction between an
instrumentality and agency, for all intents and
purposes. A distinction, however, may be made
with respect to those entities possessing a
separate charter created by statute.
Q: What is a quasi judicial body or agency?
A: A quasi judicial body or agency is an
administrative body with the power to hear,
determine or ascertain facts and decide rights,
duties and obligations of the parties by the
application of rules to the ascertained facts. By
this power, quasi judicial agencies are enabled to
interpret and apply implementing rules and
regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Question)
ADMINISTRATIVE LAW
2.
3.
QUASI JUDICIAL
Operates based on past
facts
Has
particular
application
(applies
only to the parties
involved in a dispute)
Issuance pursuant to
the exercise of quasi
judicial power may, as a
rule, only be challenged
in court with prior
exhaustion
of
administrative
remedies.
A valid exercise of
quasi judicial
power
requires prior notice
and hearing (except
when the law requires
it)
An issuance pursuant to
the exercise of quasi
judicial function is
appealed to the Court
of Appeals via petition
for review (Rule 43).
5.
6.
A:
1.
2.
3.
A:
4.
1.
2.
3.
Legislative regulation
Supplementary or detailed legislation
which is intended to fill in the details of
the law and to make explicit what is
only general. e.g. Rules and Regulations
Implementing the Labor Code.
Contingent
legislation
in
which
administrative agencies are allowed to
ascertain the existence of particular
contingencies and on the basis thereof
5.
6.
2.
3.
4.
5.
4.
ADMINISTRATIVE LAW
Q: How is the jurisdiction of a quasi judicial
agency construed?
A: An administrative body to which quasi judicial
power has been delegated is a tribunal of limited
jurisdiction and as such it could wield only such
powers as are specifically granted to it by its
enabling statute. Its jurisdiction is interpreted
strictissimi juris.
2.
3.
4.
5.
6.
7.
8.
4.
5.
6.
7.
8.
9.
(De
Leon,
ADMINISTRATIVE LAW
Q: If the power to fix rates is exercised as a
legislative function, are notice and hearing
required?
A: Where the rules and/or rates laid down are
meant to apply to all enterprises of a given kind
throughout the country, they may partake of a
legislative character. If the fixing of rates were a
legislative function, the giving of prior notice and
hearing to the affected parties is not a
requirement of due process, except where the
legislature itself requires it. (De Leon,
Administrative Law, 2010)
Q: What if it is exercised as a quasi judicial
function?
A: Where the rules and the rate imposed apply
exclusively to a particular party, based upon a
finding of fact, then its function is quasi judicial in
character.
As regards rates prescribed by an administrative
agency in the exercise of its quasi judicial
function, prior notice and hearing are essential to
the validity of such rates. But an administrative
agency may be empowered by law to approve
provisionally, when demanded by urgent public
need, rates of public utilities without a hearing.
(De Leon, Administrative Law, 2010)
Note: As a general rule, notice and hearing are not
essential to the validity of an administrative action
where the administrative body acts in the exercise of
executive, administrative, or legislative functions;
but where a public administrative body acts in a
judicial or quasi judicial matter, and its acts are
particular and immediate rather than general and
prospective, the person whose rights or property
may be affected by the action is entitled to notice
and hearing. (Philippine Consumers Foundation, Inc.
v Secretary of DECS, G.R. No. 78385, August 31,
1987)
4. Determinative Powers
Q: Define determinative powers.
A: It is the power of administrative agencies to
better enable them to exercise their quasi judicial
authority.
Q: What consisted determinative powers?
A: DEDE_S
1. Enabling Permits the doing of an act
which the law undertakes to regulate
and which would be unlawful without
government approval.
2. Directing Orders the doing or
performance of particular acts to
ensure the compliance with the law and
are often exercised for corrective
purposes.
3. Dispensing To relax the general
operation of a law or to exempt from
general prohibition, or to relieve an
individual or a corporation from an
affirmative duty.
4. Examining This is also called
investigatory power. It requires
production of books, papers, etc., the
attendance of witnesses and compelling
their testimony.
5. Summary Power to apply compulsion
or force against persons or property to
effectuate a legal purpose without
judicial warrants to authorize such
actions.
1.
2.
3.
2.
2.
3.
involve
purely
ADMINISTRATIVE LAW
Q: Can the court motu proprio raise the issue of
primary jurisdiction?
A: The court may motu proprio raise the issue of
primary jurisdiction and its invocation cannot be
waived by the failure of the parties to argue it, as
the doctrine exists for the proper distribution of
power between judicial and
administrative
bodies and not for the convenience of the parties.
In such case the court may:
1. Suspend the judicial process pending
referral of such issues to the
administrative body for its review, or
2. If the parties would not be unfairly
disadvantaged, dismiss the case without
prejudiced. (Euro Med laboratories Phil.
vs. Province of Batangas, G.R No.
148706, July 17, 2006)
5.
6.
2. Doctrine of Exhaustion of Administrative
Remedies
7.
Q: What is the doctrine of exhaustion of
administrative remedies?
A: This doctrine calls for resort first to the
appropriate administrative authorities in the
resolution of a controversy falling under their
jurisdiction and must first be appealed to the
administrative superiors up to the highest level
before the same may be elevated to the courts of
justice for review.
Note: The premature invocation of the courts
intervention is fatal to ones cause of action.
Exhaustion of administrative remedies is a
prerequisite for judicial review; it is a condition
precedent which must be complied with.
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14.
A:
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A:
DOCTRINE OF
EXHAUSTION OF
ADMINISTRATIVE
REMEDIES
DOCTRINE OF
PRIMARY
JURISDICTION
Judicial interference is
withheld
until
the
administrative
process
has been completed
3.
2.
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4.
2.
3.
A:
4.
Questions of fact
finality of
1.
of
ADMINISTRATIVE LAW
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A:
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2.
A:
GR: Yes.
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