Professional Documents
Culture Documents
PASCASIO
CARLO ANGELO CABRITO
DOCTRINES
GENERAL CONSIDERATION:
MALAGA v. PENACHOS
GOVERNMENT INSTRUMENTALITY
DEFINED: Instrumentality refers to any agency of the National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory
agencies, chartered institutions, and governmentowned or controlled corporations.
DE LA LLANA v. ALBA
Valid abolition of offices is neither removal nor separation of the incumbents. ... And, of course, if the abolition is void, the
incumbent is deemed never to have ceased to hold office. The abolition of an office does not amount to an illegal removal
of its incumbent is the principle that, in order to be valid, the abolition must be made in good faith."
POWERS OF
ADMINISTRATIVE AGENCIES:
TIO v. VIDEOGRAM REGULATORY BOARD
"The true distinction is between the delegation of power to make the law, which necessarily involves a discretion as to
what it shall be, and conferring authority or discretion as to its execution to be exercised under and in pursuance of
the law. The first cannot be done; to the latter, no valid objection can be made."
YNOT v. IAC
The phrase "may see fit" is an extremely generous and dangerous condition, if condition it is. It is laden with perilous
opportunities for partiality and abuse, and even corruption. One searches in vain for the usual standard and the reasonable
guidelines, or better still, the limitations that the said officers must observe when they make their distribution. There is none.
MARCOS v. MANGLAPUS
It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be
executive.
CARINO v. CHR
FACT FINDING IS NOT
ADJUDICATION, AND CANNOT BE LIKENED TO THE JUDICIAL
FUNCTION OF A COURT OF JUSTICE, or even a quasi-judicial agency or official. The function of receiving evidence and
ascertaining therefrom the facts of a controversy is not a judicial function. To be considered such, the faculty of receiving
evidence and making factual conclusions in a controversy must be accompanied by the authority of applying the law to
those factual conclusions to the end that the controversy may be decided or determined authoritatively, finally and
definitively, subject to such appeals or modes of review as may be provided by law. This function, to repeat, the Commission
does not have.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
v. NLRC
It is an elementary rule in administrative law that administrative regulations and policies enacted by administrative bodies
to interpret the law which they are entrusted to enforce, have the force of law, and are entitled to great respect.
CRUZ v. YOUNGBERG
The true distinction between the delegation of power to make the law, which involves a discretion as to what it shall be, and
conferring an authority or discretion as to its execution, to be exercised under and in pursuance of law. First cannot be
done; to the latter no valid objection can be made.
ARANETA v. GATMAITAN
Even without the Executive Order, the restriction and banning of trawl fishing from all Philippine waters come, under the
law, within the powers of the Secretary of Agriculture, who in compliance with his duties may even cause the criminal
prosecution of those who violate his instructions.
PEOPLE v. MACERAN
All that is required is that the regulation should be germane to the defects and purposes of the law and that it should
conform to the standards that the law prescribes. In the instant case the regulation penalizing electro fishing is not
strictly in accordance with the Fisheries Law, under which the regulation was issued.
BAUTIS TA v. JUINIO, EDU,
RAMOS
While the imposition of a fine or the suspension of registration under the conditions therein set forth is valid under the Land
Transportation and Traffic Code, the impounding of a vehicle finds no statutory justification. To apply that portion of
Memorandum Circular No. 39 would be ultra vires. It must likewise be made clear that a penalty even if warranted can only
be imposed in accordance with the procedure required by law.
PHIL. CONSUMERS
FOUNDATION v. DECS
If it were a legislative function, the grant of prior notice and hearing to the affected parties is not a requirement of due
process. As regards rates prescribed by an administrative agency in the exercise of its quasijudicial function, prior notice
and hearing are essential to the validity of such rates.
CIR v. FORTUNE TOBACCO
CORP
rule-making power must be confined to details for regulating the mode or proceedings in order to carry into effect the law
as it has been enacted, and it cannot be extended to amend or expand the statutory requirements or to embrace matters
not covered by the statute. Administrative regulations must always be in harmony with the provisions of the law
because any resulting discrepancy between the two will always be resolved in favor of the basic law.
TAXICAB OPERATORS OF
METRO MANILA v. BOT
Previous notice and hearing as elements of due process are constitutionally required for the protection of life, right, or
property when its limitation of loss takes place in consequence of a judicial or quasi- judicial proceeding.
US v. PANLILIO
A violation of the orders of the BOA is not a violation of the provision of the Act. The orders of the BOA while they may
possible be said to have the force of law, are statutes and not penal statutes, and a violation of such order is not a penal
offense unless the statute itself somewhere make a violation thereof unlawful and penalizes it.
HOLY SPIRIT ASSOCIATION v.
DEFENSOR
1. A petition for prohibition is not the proper remedy to assail an IRR issued in the exercise of a quasilegislative
function. Prohibition lies against judicial or ministerial functions, but not against legislative or quasi-legislative
functions.
2. Where a rule or regulation has a provision not expressly stated or contained in the statute being implemented,
that provision does not necessarily contradict the statute. In subordinate legislation all that is required is that
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
the regulation should be germane to the objects and purposes of the law; that the regulation be not in contradiction to
but in conformity with the standards prescribed by the law.
OPLE v. TORRES
PSDSA v. DE JESUS
The court reviewed the IRR and found that Section 4.3 of Rule IV, and Sections 5.1 and 5.2 of Rule V are valid. The
provisions merely reiterate and implement the related provisions of R.A. No. 9155. Under the law, a division superintendent
has the authority and responsibility to hire, place, and evaluate all division supervisors and district supervisors as well as
all employees in the division, both teaching and nonteaching personnel, including school heads. A school head is a person
responsible for the administrative and instructional supervision of the schools or cluster of schools. The division
superintendent, on the other hand, supervises the operation of all public and private elementary, secondary, and integrated
schools and learning centers.
CAWAD v. ABAD
Publication is not necessary for interpretative regulations which Indeed, publication, as a basic postulate of procedural
due process, is required by law in order for administrative rules and regulations to be effective. 24 There are, however,
several exceptions, one of which are interpretative regulations which "need nothing further than their bare issuance
for they give no real consequence more than what the law itself has already prescribed." 25
EQUI-ASIA PLACEMENT INC. v.
DFA
As for the sufficiency of standard test, this Court had, in the past, accepted as sufficient standards the following: "public
interest," "justice and equity," "public convenience and welfare," and
"simplicity, economy and welfare."
MAGCAMIT v. INTERNAL
AFFAIRS SERVICE- PDEA
Finally, the last requirement, relating to the form and substance of the decision of a quasi-judicial body, further complements
the hearing and decisionmaking due process rights and is similar in substance to the constitutional requirement that a
decision of a court must state distinctly the facts and the law upon which it is based.
Thus, the requirement that "[t]he decision must be rendered on the evidence presented at the hearing, or at least contained
in the record AND disclosed to the parties affected," was not complied with
JUDICIAL REVIEW
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
GSIS v. CSC
Hence, the grant to a tribunal or agency of adjudicatory power, or the authority to hear and adjudge cases, should
normally and logically be deemed to include the grant of authority to enforce or execute the judgments it thus renders.
PAAT v. COURT OF APPEALS
EXCEPTIONS TO THE EXHAUSTION OF REMEDIES: However, we are not amiss to reiterate that the principle of
exhaustion of administrative remedies as tested by a battery of cases is not an ironclad rule. It is disregarded:
Finding of fact in administrative decision should not be disturbed if supported by substantial evidence, but review is
justified when there has been a denial of due process, or mistake of law or fraud, collusion or arbitrary action in the
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
administrative proceeding, where the procedure which led to factual findings is irregular; when palpable errors are
committed; or when a grave abuse of discretion, arbitrariness, or capriciousness is manifest.
DIGEST
GENERAL CONSIDERATION:
MALAGA v. PENACHOS
FACTS:
Iloilo State College of Fisheries caused the publication of an invitation to bid for the construction of a Micro Lab Bldg. The
Notice announced that the last day of submission of the prequalification bids was 2 Dec 1988. Petitioners submitted their
pre-qualification documents. However, they were not allowed to participate on the ground that they passed the requirements
late (beyond 10am cut off time).
Petitioners filed a petition seeking a restraining order against the conduct of the bidding process. A restraining order was
issued to which defendants filed a motion to lift on the basis of PD1818.
Respondents contend that PD1818 prohibits any court to issue any restraining order against project of the government.
Petitioners contend that PD1818 is not applicable because ISCOF has its own charter and is not a part of the national
government.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
RTC lifted the order prompting petitioner to file a petition with the SC.
ISSUE:
Is ISCOF a government instrumentality? (Yes)
Is it protected by the prohibition under PD 1818? (No) RULING:
ISCOF is a government instrumentality. However, PD 1818 is not applicable since the prohibition from issuing restraining
orders contemplates an administrative body’s exercise of discretion in technical cases only and does not apply to questions
of law.
In this case, what is involved is noncompliance with procedural rules on bidding which requires strict observance.
GOVERNMENT INSTRUMENTALITY
DEFINED: Instrumentality refers to any agency of the National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering
special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies,
chartered institutions, and government-owned or controlled corporations.
DE LA LLANA v. ALBA
VALID ABOLITION OF OFFICE IS NEITHER REMOVAL NOR SEPARATION OF INCUMBENTS FROM
OFFICE.
FACTS:
Petitioner filed a case for declaratory relief with the SC assailing the constitutionality of BP 129 or the Judiciary
Reorganization Act.
Petitioner contends that the provisions of BP 129 which abolish some inferior courts collide with the security of tenure of
incumbent judges and justices.
ISSUE:
Is there removal from office by virtue of a reorganization law? (No)
RULING:
Valid abolition of offices is neither removal nor separation of the incumbents. ... And, of course, if the abolition is void, the
incumbent is deemed never to have ceased to hold office. The abolition of an office does not amount to an illegal removal
of its incumbent is the principle that, in order to be valid, the abolition must be made in good faith."
Removal is to be distinguished from termination by virtue of the abolition of the office. There can be no tenure to a
nonexistent office. After the abolition, there is in law no occupant. In case of removal, there is an office with an occupant
who would thereby lose his position. It is in that sense that from the standpoint of strict law, the question of any impairment
of security of tenure does not arise. Nonetheless, for the incumbents of inferior courts abolished, the effect is one of
separation. As to its effect, no distinction exists between removal and the abolition of the office. Realistically, it is devoid of
significance. He ceases to be a member of the judiciary.
POWERS OF
ADMINISTRATIVE AGENCIES:
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
Besides, in the very language of the decree, the authority of the BOARD to solicit such assistance is for a "fixed and limited
period" with the deputized agencies concerned being "subject to the direction and control of the BOARD." That the grant
of such authority might be the source of graft and corruption would not stigmatize the DECREE as unconstitutional. Should
the eventuality occur, the aggrieved parties will not be without adequate remedy in law.
YNOT v. IAC
A ROVING COMMISSION WHICH
GRANTS UNLIMITED DISCRETION IS AN INVALID DELEGATION OF LEGISLATIVE POWER FACTS:
Petitioner transported 6 carabaos in a pum boat from Masbate to Iloilo. They were confiscated by the station commander
of Barotac for violation of EO 626-A.
EO 626-A, was issued by Pres. Marcos in the exercise of his legislative power. In gist, it amended EO 626 to the effect that
it also prohibited inter-provincial movement of carabao (not just carabeef). The Order also provides that the carabao or
carabeef transported in violation of this Executive Order as amended shall be subject to confiscation and forfeiture by the
government, to be distributed to charitable institutions and other similar institutions as the Chairman of the National Meat
Inspection Commission may see fit, in the case of carabeef, and to deserving farmers through dispersal as the Director of
Animal Industry may see fit, in the case of carabaos.
The RTC sustained the confiscation which was affirmed the CA prompting petitioner to appeal to SC.
ISSUE:
Is the standard may see fit sufficient to be a valid delegation of legislative power? (No) RULING:
No. It is an invalid delegation of legislative power because they are granted unlimited discretion in the distribution of
properties arbitrarily taken.
The phrase "may see fit" is an extremely generous and dangerous condition, if condition it is. It is laden with perilous
opportunities for partiality and abuse, and even corruption. One searches in vain for the usual standard and the reasonable
guidelines, or better still, the limitations that the said officers must observe when they make their distribution. There is none.
Their options are apparently boundless. Who shall be the fortunate beneficiaries of their generosity and by what criteria
shall they be chosen? Only the officers named can supply the answer, they and they alone may choose the grantee as
they see fit, and in their own exclusive discretion. Definitely, there is here a "roving commission," a wide and sweeping
authority that is not "canalized within banks that keep it from overflowing," in short, a clearly profligate and therefore invalid
delegation of legislative powers.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
MARCOS v. MANGLAPUS EXERCISE OF PRESIDENT’S RESIDUAL POWER IS NOT AN UNDUE DELEGATION OF
LEGISLATIVE POWER FACTS:
In February 1986, former President Ferdinand Marcos was deposed from the presidency via the non-violent "people power"
revolution and was forced into exile. Corazon C. Aquino was then declared President of the Republic under a revolutionary
government.
Marcos signified his wish to return to the Philippines to die. Considering the dire consequences to the nation of his return
at a time when the government was still threatened and unstable and the economy was just beginning to rise and move
forward, Aquino decided to bar the return of Marcos and his family.’ ISSUE:
Is the President empowered to prohibit the return of Marcos in the country despite the absence of an express power to do
so under the Constitution? (Yes) RULING:
It has been advanced that whatever power inherent in the government that is neither legislative nor judicial has to be
executive.
The power involved is the President's residual power to protect the general welfare of the people. It is founded on the duty
of the President, as steward of the people. To paraphrase Theodore Roosevelt, it is not only the power of the President
but also his duty to do anything not forbidden by the Constitution or the laws that the needs of the nation demand.
CARINO v. CHR
CHR IS NOT EMPOWERED TO
ADJUDICATE, IT IS ONLY EMPOWERED TO INVESTIGATE FACTS:
Several teachers including private respondents in this case undertook a mass concerted actions on a Monday (class day)
as a response to the alleged failure of the authorities to act upon their grievances.
The private respondents were administratively charged. This prompted respondents to file a complaint with the
CHR. Petitioner, Secretary of Education, intervened and moved that the complaint be dismissed.
Pending determination of motion to dismiss, Carino promulgated a decision dismissing Esber from service and suspension
for Babaran, Budoy, and Del Castillo.
CHR denied the motion to dismiss prompting Carino to file a petition with the SC.
ISSUE:
Is the CHR empowered to adjudicate on controversies? (No) RULING:
The most that may be conceded to the Commission in the way of adjudicative power is that it may investigate, i.e., receive
evidence and make findings of fact as regards claimed human rights violations involving civil and political rights.
Fact finding is not adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi-judicial
agency or official. The function of receiving evidence and ascertaining therefrom the facts of a controversy is not a judicial
function. To be considered such, the faculty of receiving evidence and making factual conclusions in a controversy must
be accompanied by the authority of applying the law to those factual conclusions to the end that the controversy may be
decided or determined authoritatively, finally and definitively, subject to such appeals or modes of review as may be
provided by law. This function, to repeat, the Commission does not have.
"Adjudicate" means: "To settle in the exercise of judicial authority. To determine finally. Synonymous with adjudge in its
strictest sense;" and "adjudge" means: "To pass on judicially, to decide, settle or decree, or to sentence or condemn...
implies a judicial determination of a fact, and the entry of a judgment."
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
While it is a fundamental rule that an administrative agency has only such powers as are expressly granted to it by law, it
is likewise a settled rule that an administrative agency has also such powers as are necessarily implied in the
exercise of its express powers.
In the exercise of its express powers under its charter as a regulatory and quasi-judicial body with respect to pollution cases
in the Laguna Lake region, the authority of the LLDA to issue a "cease and desist order" is, perforce, implied.
Otherwise, it may well be reduced to a "toothless" paper agency.
CRUZ v. YOUNGBERG
DELEGATION OF AUTHORITY TO EXECUTE LAW IS VALID, NOT UNDUE DELEGATION FACTS:
Petitioner sought that Act No. 3155 prohibiting the importation of cattle from foreign countries into the Philippines be
declared as unconstitutional.
Among others, it contends that the power given by Act No 3155 to the Governor- General to suspend or not, at his discretion,
the prohibition provided in the act constitutes unlawful delegation of the legislative powers. ISSUE:
Is the power to suspend the application of the law at his discretion a valid delegation of legislative power? (Yes) RULING:
The delegation is an authority as to the execution of the law. No objection can be made.
The true distinction between the delegation of power to make the law, which involves a discretion as to what it shall be, and
conferring an authority or discretion as to its execution, to be exercised under and in pursuance of law. The first cannot be
done; the latter no valid objection can be made.
ARANETA v. GATMAITAN
A REGULATION IS VALID IF THE LAW IS COMPLETE. THE FISHERIES LAW IS COMPLETE SO AS TO EMPOWER
THE SEC TO PROHIBIT TRAWLING.
FACTS:
President issued an EO prohibiting the use of trawls in San Miguel Bay, CamSur. A group of Otter Trawl Operators filed a
declaratory relief with the CFI. The CFI declared the assailed orders as invalid.
It is contended that EO expanded the Fisheries Law. They contend that trawl fishing is not expressly prohibited by the law,
thus the EO cannot prohibit what the law does not prohibit.
They also contend that the law unduly delegated the legislative power.
ISSUE:
Did the EO expand the law where the law does not expressly prohibit trawling? (No)
Is there a valid delegation of legislative power? (Yes) RULING:
Even without the Executive Order, the restriction and banning of trawl fishing from all Philippine waters come, under the
law, within the powers of the Secretary of Agriculture, who in compliance with his duties may even cause the criminal
prosecution of those who violate his instructions.
Under the Fisheries Law, the Sec. of
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
Agriculture is authorized to promulgate rules restricting the use of any fish net or fishing device for the protection of fry or
fish eggs. The law likewise authorizes the Secretary to create refuges and sanctuaries for fishes.
The Legislature cannot delegate legislative power to enact any law. If the law is a law unto itself, and it does nothing more
than to authorize the delegate to make rules and regulations to carry it into effect, then the Legislature created the law.
There is no delegation of power and it is valid. On the other hand, if the act within itself does not define a crime and is not
complete, and some legislative act remains to be done to make it a law or a crime, the doing of which is vested in the
delegate, the act is delegation of legislative power, is unconstitutional and void.
Insofar as the protection of fish fry or fish egg is concerned the law is complete in itself, leaving to the Sec. of Agriculture
the promulgation of rules and regulations to carry into effect the legislative intent.
PEOPLE v. MACERAN
THE LAW MUST EXPRESSLY PENALIZE ELECTROFISHING, OTHERWISE, ANY REGULATION DOING SO IS
INVALID FACTS:
The respondents were charged with violating Fisheries Administrative Order No. 84-1 which penalizes electro fishing in
fresh water fisheries.
This was promulgated by the Secretary of Agriculture and Natural Resources and the Commissioner of Fisheries under the
old Fisheries Law and the law creating the Fisheries Commission.
The municipal court quashed the complaint and held that the law does not clearly prohibit electro fishing, hence the
executive and judicial departments cannot consider the same. On appeal, the CFI affirmed the dismissal. Hence, this
appeal to the SC.
ISSUE:
Did the administrative order expand the Fisheries Law? (Yes, Note that the fisheries law was amended, including
electrofishing as a prohibited act)
RULING:
Administrative agents are clothed with rulemaking powers because the lawmaking body finds it impracticable, if not
impossible, to anticipate and provide for the multifarious and complex situations that may be encountered in enforcing the
law.
All that is required is that the regulation should be germane to the defects and purposes of the law and that it should
conform to the standards that the law prescribes.
The grant of the rule-making power to administrative agencies is a relaxation of the principle of separation of powers and
is an exception to the non-delegation of legislative, powers.
Administrative regulations or "subordinate legislation calculated to promote the public interest are necessary because of
"the growing complexity of modem life, the multiplication of the subjects of governmental regulations, and the increased
difficulty of administering the law."
In case of discrepancy between the basic law and a rule or regulation issued to implement said law, the basic law prevails
because said rule or regulation cannot go beyond the terms and provisions of the basic law.
In the instant case the regulation penalizing electro fishing is not strictly in accordance with the Fisheries Law, under which
the regulation was issued, because the law itself does not expressly punish electro fishing.
The memorandum is being assailed as unconstitutional for being violative of the doctrine of undue delegation of legislative
power. It is to be noted that Memorandum Circular No. 39 does not impose the penalty of confiscation but merely that of
impounding, fine, and for the third offense, that of cancellation of certificate of registration and for the rest of the year or for
ninety days whichever is longer.
ISSUE:
Did the MC unduly expand the law when it imposed a penalti of impounding?
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
RULING:
The regulations adopted under legislative authority by a particular department must be in harmony with the provisions of
the law, and for the sole purpose of carrying into effect its general provisions. By such regulations, of course, the law itself
cannot be extended. So long, however, as the regulations relate solely to carrying into effect the provisions of the law, they
are valid
Administrative interpretation of the law is at best merely advisory, for it is the courts that finally determine what the law
means.' It cannot be otherwise as the Constitution limits the authority of the President, in whom all executive power resides,
to take care that the laws be faithfully executed. No lesser administrative executive office or agency then can, contrary to
the express language of the Constitution, assert for itself a more extensive prerogative."
While the imposition of a fine or the suspension of registration under the conditions therein set forth is valid
under the Land Transportation and Traffic Code, the impounding of a vehicle finds no statutory justification. To apply that
portion of Memorandum Circular No. 39 would be ultra vires. It must likewise be made clear that a penalty even if
warranted can only be imposed in accordance with the procedure required by law.
Petitioner filed an instant petition for prohibition, seeking that judgment be rendered declaring the questioned Department
Order unconstitutional on the ground that the Department Order is issued without legal basis.
ISSUE:
Is there a need for a prior notice and hearing in the application of new rates for tuition fee hike for all private schools? (No)
RULING:
QUASI JUDICIAL VS QUASI
LEGISLATIVE, WHEN NOTICE AND HEARING MANDATORY: The function of prescribing rates by an administrative
agency may be either a legislative or an adjudicative function.
If it were a legislative function, the grant of prior notice and hearing to the affected parties is not a requirement of due
process. As regards rates prescribed by an administrative agency in the exercise of its quasijudicial function, prior notice
and hearing are essential to the validity of such rates.
When the rules and/or rates laid down by an administrative agency are meant to apply to all enterprises of a given kind
throughout the country, they may partake of a legislative character.
Where the rules and the rates imposed apply exclusively to a particular party, based upon a finding of fact, then its function
is quasijudicial in character.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
Immediately prior to January 1, 1997, the mentioned cigarette brands were subject to ad valorem tax pursuant to then
Section 142 of the Tax Code of 1977, as amended. However, on January 1, 1997, R.A. No. 8240 took effect whereby a
shift from the ad valorem tax (AVT) system to the specific tax system was made and subjecting the aforesaid cigarette
brands to specific tax under [S]ection 142 thereof, now renumbered as Sec. 145 of the Tax Code of 1997, pertinent
provisions of which are quoted thus:
The rates of excise tax on cigars and cigarettes under paragraphs (1), (2) (3) and (4) hereof, shall be increased by twelve
percent (12%) on January 1, 2000.
To implement the provisions for a twelve percent (12%) increase of excise tax on, among others, cigars and cigarettes
packed by machines by January 1, 2000, the Secretary of Finance, upon recommendation of the respondent Commissioner
of Internal Revenue, issued Revenue Regulations No.
17-99, dated December 16, 1999
For the period covering January 1-31, 2000, petitioner allegedly paid specific taxes on all brands manufactured and
removed in the total amounts of P585,705,250.00.
On February 7, 2000, Fortune filed with respondent’s Appellate Division a claim for refund or tax credit of its purportedly
overpaid excise tax for the month of January 2000 in the amount of P35,651,410.00, granted and ordered CIR to refund
the same.
ISSUE:
RULING:
The Supreme Court have previously declared, rule-making power must be confined to details for regulating
the mode or proceedings in order to carry into effect the law as it has been enacted, and it cannot be extended to amend
or expand the statutory requirements or to embrace matters not covered by the statute. Administrative regulations must
always be in harmony with the provisions of the law because any resulting discrepancy between the two will always
be resolved in favor of the basic law.
By adding the qualification that the tax due after the 12% increase becomes effective shall not be lower than the tax actually
paid prior to 1 January 2000, Revenue Regulation No. 17-99 effectively imposes a tax which is the higher amount between
the ad valorem tax being paid at the end of the three (3)-year transition period and the specific tax under paragraph C, sub-
paragraph (1)-(4), as increased by 12%—a situation not supported by the plain wording of Section 145 of the Tax Code.
US v. PANLILIO
THE PENAL LAW MUST EXPRESSLY STATE THAT VIOLATION OF ORDERS OF DELEGATE WILL ALSO AMOUNT
TO A CRIME
FACTS:
Accused was convicted of violation of Acr 1760 re quarantine of animals suffering contagious disease. The accused
contends that the facts alleged in the information and proved on the trial do not constitute a violation of law.
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ADMINISTRATIVE LAW | ATTY. PASCASIO
CARLO ANGELO CABRITO
ISSUE:
Can accused be penalized for the order of the Bureau of Agriculture? (No) RULING:
Nowhere in the law is the violation of the orders of the BOA prohibited or made unlawful, not is there a penalty for its
violation. The law expressly provides for acts which shall be prohibited or unlawful, the case does not fall within any of
them.
A violation of the orders of the BOA is not a violation of the provision of the Act. The orders of the BOA while they may
possible be said to have the force of law, are statutes and not penal statutes, and a violation of such order is not a penal
offense unless the statute itself somewhere make a violation thereof unlawful and penalizes it.
RULING:
3. A petition for prohibition is not the proper remedy to assail an IRR issued in the exercise of a quasi-legislative
function. Prohibition lies against judicial or ministerial functions, but not against legislative or quasi-legislative
functions.
Where the principal relief sought is to invalidate an IRR, petitioners remedy is an ordinary action for its nullification, an
action which properly falls under the jurisdiction of the Regional Trial Court.
4. Where a rule or regulation has a provision not expressly stated or contained in the statute being implemented,
that provision does not necessarily contradict the statute. In subordinate legislation all that is required is that
the regulation should be germane to the objects and purposes of the law; that the regulation be not in contradiction to
but in conformity with the standards prescribed by the law. 1
Implicit in this authority and the statutes objective of urban poor housing is the power of the Committee to formulate
the manner by which the reserved property may be allocated to the
The Committees authority to fix the selling price of the lots may be likened to the rate-fixing power of administrative
agencies. In case of a delegation of ratefixing power, the only standard which the legislature is required to prescribe
for the guidance of the administrative authority is that the rate be reasonable and just.
OPLE v. TORRES
PRESIDENT MAY NOT ENACT A LAW THROUGH AN ADMINISTRATIVE ORDER OTHERWISE HE WILL ENCROACH
UPON
CONGRESS’ LEGISLATIVE POWER FACTS:
Petitioner Ople prays that we invalidate Administrative Order No. 308 entitled "Adoption of a National Computerized
Identification Reference System" on important constitutional grounds, among others, viz: it is a usurpation of the power of
Congress to legislate.
1
In Section 5 of R.A. No. 9207, the Committee is granted the power to administer, formulate guidelines and policies, and implement the disposition of the areas covered
by the law.
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Petitioner claims that AO 308 is not a mere administrative order but a law and hence beyond the power of the President to
issue. ISSUE:
Did AO308 encroached upon the legislative power of Congress? (Yes) RULING:
An administrative order is an ordinance issued by the President which relates to specific aspects in the administrative
operation of government. It must be in harmony with the law and should be for the sole purpose of implementing the law
and carrying out the legislative policy.
beneficiaries. Under this broad power, the Committee is mandated to fill in the details such as the qualifications of
beneficiaries, the selling price of the lots, the terms and
It cannot be simplistically argued that A.O.
No. 308 merely implements the Administrative Code. Such a System requires a delicate adjustment of various contending
state policies — the primacy of national security, the extent of privacy interest against dossier-gathering by government,
the choice of policies, etc.
PSDSA v. DE JESUS
FACTS:
Republic Act No. 9155, otherwise known as the “Governance of Basic Education Act 2001,” became a law on August 11,
2001, in accordance with Section 27(1), Article VI of the Constitution. Under Section 14 of the law, the DepEd Secretary is
mandated to “promulgate the implementing rules and regulations within ninety (90) days after the approval of the Act,
provided that the principle of shared governance shall be fully implemented within two (2) years” after such approval.
On March 13, 2003, the PSDSA, the national organization of about 1,800 public school district supervisors of the DepEd,
in behalf of its officers and members, filed the instant petition for prohibition and mandamus, alleging that the implementing
regulation is inconsistent with the intent and letter of the law.
ISSUE:
RULING:
The court reviewed the IRR and found that Section 4.3 of Rule IV, and Sections 5.1 and 5.2 of Rule V are valid. The
provisions merely reiterate and implement the related provisions of R.A. No. 9155. Under the law, a division superintendent
has the authority and responsibility to hire, place, and evaluate all division supervisors and district supervisors as well as
all employees in the
conditions governing the sale and other key particulars necessary to implement the objective of the law.
division, both teaching and non-teaching personnel, including school heads. A school head is a person responsible for the
administrative and instructional supervision of the schools or cluster of schools. The division superintendent, on the other
hand, supervises the operation of all public and private elementary, secondary, and integrated schools and learning centers.
CAWAD v. ABAD
PUBLICATION NOT NECESSARY FOR INTERPRETATIVE REGULATIONS
WHERE NOTHING IS NO CHANGE IN THE LAW
FACTS:
RA 7305 aka Magna Carta of Public Health Workers was signed into law. Subsequently, Congress issued Joint Resolution
No. 4 authorizing the President of the Philippines to Modify the Compensation and Position Classification System of Civilian
Personnel and the Base Pay Schedule of Military and Uniformed Personnel in the Government, and for other Purposes,
Thereafter, respondents DBM and CSC issued one of the two assailed issuances, DBM-CSC Joint Circular No. 1, Series
of 20122. Shortly thereafter respondents DBM and DOH then circulated the other assailed issuance, DBM-DOH Joint
Circular No. 1, Series of 2012.
In a letter9 addressed to respondents Secretary of Budget and Management and
Secretary of Health, petitioners expressed their opposition to the Joint Circular cited above on the ground that the same
diminishes the benefits granted by the Magna Carta to PHWs.
2
to prescribe the rules on the grant of Step Increments due to meritorious performance and Step Increment due to length of service, it provided that "an official or employee
authorized to be granted Longevity Pay under an existing law is not eligible for the grant of Step Increment due to length of service."
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Petitioners contend that the DBM-DOH Joint Circular is null and void for its failure to comply with Section 35 23 of RA No.
7305 providing that its implementing rules shall take effect thirty (30) days after publication in a newspaper of
general circulation, as well as its failure to file a copy of the same with the University of the Philippines Law Center-Office
of the National
Administrative Register (UP Law CenterONAR), jurisprudence as well as the circumstances of this case dictate otherwise.
ISSUE:
Is publication necessary for interpretative regulation? (No) RULING:
Publication is not necessary for interpretative regulations which Indeed, publication, as a basic postulate of procedural due
process, is required by law in order for administrative rules and regulations to be effective. 24 There are, however, several
exceptions, one of which are interpretative regulations which "need nothing further than their bare issuance for they
give no real consequence more than what the law itself has already prescribed." 25 These regulations need not be published
for they add nothing to the law and do not affect substantial rights of any person. 3
basis of PHW's status in the plantilla of regular positions were already prescribed and authorized by pre-existing law.
There is really no new obligation or duty imposed by the subject circular for it merely reiterated those embodied in RA No.
7305 and its Revised IRR. The Joint Circular did not modify, amend nor supplant the Revised IRR, the validity of which is
undisputed. Consequently, whether it was duly published and filed with the UP Law Center - ONAR is necessarily
immaterial to its validity because in view of the pronouncements above, interpretative regulations, such as the DBM-DOH
circular herein, need not be published nor filed with the UP Law Center - ONAR in order to be effective. Neither is prior
hearing or consultation mandatory.
EQUI-ASIA PLACEMENT INC. v. DFA
A REGULATION IS VALID AS LONG AS THE LAW PROVIDED SUFFICIENT STANDARD.
FACTS:
Petitioner Equi-Asia recruited and deployed Manny Razon and was sent to South Korea. Thereafter, while in South Korea,
Razon died of acute cardiac arrest while asleep at the dormitory of Samsung Textile. Pertinent communications were
made with the appropriate government agencies. POEA sent a telegram-directive to Equi-Asia, ordering petitioner to
provide Prepaid Ticket Advice (PTA) for the repatriation of the remains and belongings of deceased Razon.
Petitioner declined to follow the directive on the ground that the deceased violated his employment contract when he
unlawfully escaped from the company assigned to him. Another letter-directive was sent to petitioner. The letter
cited Secs. 52 to 55 of the IRR of RA 8042 aka Migrant Workers Act of 1995.
CA dismissed the petition. petitioner is impugning the subject provisions of the Omnibus Rules for allegedly expanding the
scope of Section 15 of Republic Act No. 8042 by: first, imposing upon it the primary obligation to repatriate the remains of
the deceased Razon including the duty to advance the cost of the plane fare for the transport of Razon's remains; and
second, by ordering it to do so without prior determination of the existence of employeremployee relationship between itself
and Razon.
OSG contends that Sec. 15 of RA 8042 leaves no doubt that a recruitment agency shall bear the primary responsibility and
that the requirement of prior notice and hearing are not essential.
ISSUE:
Is there an unlawful expansion of the law? (No)
RULING:
While Republic Act No. 8042 does not expressly state that petitioner shall be primarily obligated to transport back here to
the Philippines the remains of the deceased Razon, nevertheless, such duty is imposed upon him as the statute clearly
dictates that "the repatriation of remains and transport of the personal belongings of a deceased worker and all costs
attendant thereto shall be borne by the principal and/or the local agency." That the concerned government agencies opted
to demand the performance of said responsibility solely upon petitioner does not make said directives invalid as the law
plainly obliges a local placement agency such as herein petitioner to bear the burden of repatriating the remains of a
deceased OFW with or without recourse to the principal abroad. In this regard, we see no reason to invalidate Section 52
of the omnibus rules as Republic Act No. 8042 itself permits the situation wherein a local recruitment agency can be held
exclusively responsible for the repatriation of a deceased OFW.
As for the sufficiency of standard test, this Court had, in the past, accepted as sufficient standards the following: "public
interest," "justice and equity," "public convenience and welfare," and "simplicity, economy and welfare." 4
3
In this case, the DBM-DOH Joint Circular in question gives no real consequence more than what the law itself had already prescribed. As previously discussed, the qualification
of actual exposure to danger for the PHW's entitlement to hazard pay, the rates of P50 and P25 subsistence allowance, and the entitlement to longevity pay on the
4
Nor do we see any reason to stamp Section 53 of the Omnibus Rules as invalid for allegedly contravening Section 15 of the law which states that a placement agency shall
not be responsible for a worker's repatriation should the termination of the employer-employee relationship be due to the fault of the OFW. To our mind, the statute merely
states the general principle that in case the severance of the
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employment was because of the OFW's own undoing, it is only fair that he or she should shoulder the costs of his or her
homecoming. Section 15 of Republic Act No. 8042, however, certainly does not preclude a placement agency from
establishing the circumstances surrounding an OFW's dismissal from service in an appropriate proceeding. As such
determination would most likely take some time, it is only proper that an OFW be brought back here in our country at
the soonest
possible time lest he remains stranded in a foreign land during the whole time that recruitment agency contests
its liability for repatriation.
provisions of the Civil Code (not the Public Service Act) and not by the respondent regulatory board which has no jurisdiction
but by the regular courts of general jurisdiction.
GUEVARRA v. COMELEC
QUASI JUDICIAL BODIES MAY NOT PUNISH FOR CONTEMPT IN THE
EXERCISE OF ITS MINISTERIAL DUTIES FACTS:
COMELEC initially awarded the manufacturing of ballot boxes to ACME,
NASSCO and ASIATIC. However,
COMELEC withdrew the award to ACME for failure to sign the contract and awarded its portion to the two others. Following
COMELEC’s denial of ACME’s 3rd Motion for Reconsideration, petitioner published in the Sunday Times an article entitled
“Ballot Boxes Contract Hit.”
This impelled COMELEC to summon petitioner to show cause why he should not be cited in contempt for influencing the
COMELEC in the adjudication of the controversy.
Petitioner argues that COMELEC has no jurisdiction to punish as contempt said publication.
ISSUE:
May COMELEC issue contempt order in the exercise of its ministerial duties? (No)
RULING:
COMELEC, as an incident of its power to try, hear, and decide any controversy, may also punish for contempt.
However, to come under this jurisdiction, the question should be controversial in nature and must refer to the enforcement
and administration of all laws relative to the conduct of election.
The requisitioning and preparation of the necessary ballot boxes to be used in the elections is an imperative ministerial
duty. Such is the incident which gave rise to the contempt case before us
In this case, it only discharged a ministerial duty; it did not exercise any judicial function. Such being the case, it could not
exercise the power to punish for contempt as postulated in the law, for such power is inherently judicial in nature.
The power of investigation consists in gathering, organizing, and analyzing evidence, which is a useful aid or tool in an
administrative agency's performance of its rule-making or quasi-judicial functions. Notably, investigation is indispensable
to prosecution.
The Court laid down the test of determining whether an administrative body is exercising judicial functions or merely
investigatory functions: Adjudication signifies the exercise of power and authority to adjudicate upon the rights and
obligations of the parties before it. Hence, if the only purpose for investigation is to evaluate evidence submitted before it
based on the facts and circumstances presented to it, and if the agency is not authorized to make a final pronouncement
affecting the parties, then there is an absence of judicial discretion and judgment.
In a preliminary investigation which is an administrative investigatory proceeding, Section 3, Rule 112 of the Rules of Court
guarantees the respondent's basic due process rights, granting him the right to be furnished a copy of the complaint, the
affidavits, and other supporting documents, and the right to submit counter-affidavits and other supporting documents within
ten days from receipt thereof. Moreover, the respondent shall have the right to examine all other evidence submitted by
the complainant.
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FAILURE TO DISCLOSE TO THE PARTIES EVIDENCE USED AS BASIS VIOLATES THE DUE PROCESS
REQUIREMENT IN ADMINSITRATIVE PROCEEDINGS FACTS:
An anonymous complaint was filed against petitioner et. al. They were charged with Grave Misconduct for alleged extortion
done to the mother of the anonymous complainant.
Special Investigator Enriquez recommended their dismissal. Accordingly, they were dismissed. Petitioner filed a MR with
the IASPDEA where he raised the fact that his name never came up in the sworn statements submitted to the hearing
officer.
The same was denied, prompting him to appeal to CSC which also denied his appeal. The CA likewise denied his appeal
and affirmed the dismissal from service.
ISSUE:
Did the proceedings in the IAS-PDEA comply with the cardinal principles of due process? RULING:
Citing Ang Tibay v CIR: The first of the enumerated rights pertains to the substantive rights of a party at the hearing stage
of the proceedings.10
The second, third, fourth, fifth, and sixth aspects of the Ang Tibay requirements are reinforcements of the right to a hearing
and are the inviolable rights applicable at the deliberative stage, as the decision maker decides on the evidence presented
during the hearing.11 These standards set forth the guiding considerations in deliberating on the case and are the material
and substantial components of decision making.12
Finally, the last requirement, relating to the form and substance of the decision of a quasi-judicial body, further complements
the hearing and decision-making due process rights and is similar in substance to the constitutional requirement that a
decision of a court must state distinctly the facts and the law upon which it is based.
Thus, the requirement that "[t]he decision must be rendered on the evidence presented at the hearing, or at least contained
in the record AND disclosed to the parties affected," was not complied with. Magcamit was not
properly apprised of the evidence presented against him, which evidence were eventually made the bases of the decision
finding him guilty of grave misconduct and recommending his dismissal.
JUDICIAL REVIEW
BERNARDO v. ABALOS
PETITIONERS MUST EXHAUST ALL REMEDIES IN QUASI-JUDICIAL TRIBUNALS FACTS:
A complaint was filed against respondents with COMELEC for vote buying. COMELEC conducted an investigation. The
COMELEC En Banck dismissed the complaint for lack of evidence. Petitioner immediately filed a petition for certiorari with
the SC on the ground of grave abuse of discretion.
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The COMELEC Rules provide that as a general rule Motion for Reconsideration is a prohibited pleading except in cases of
election offense cases.
ISSUE:
Is the petition valid?
RULING:
The petitioners should have exhausted all the remedies available to them at the COMELEC level.
A motion for reconsideration gives the COMELEC an opportunity to correct the error imputed to it. Rule 65 requires that
there must be no plain, speedy, and adequate remedy.
INDUSTRIAL ENTERPRISES v. CA
BED HAS EXCLUSIVE AND ORIGINAL JURISDICTION IN CONTROVERSIES INVOLVING ENERGY FACTS:
Petitioner was granted a coal operating contract by Bureau of Energy Development. Thereafter, it executed a MOA with
MMIC whereby it assigned to MMIC all its rights and interest. The controversy began when petitioner filed an action for
rescission of the MOA before the RTC.
RTC ordered the rescission of the MOA. CA reversed the RTC decision and held that RTC had no jurisdiction over the
action since BED has the power to decide on the issue.
This prompted petitioner to appeal to SC.
ISSUE:
Which tribunal has jurisdiction over cases involving energy resources?
RULING:
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 is originally 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"
The question of what coal areas should be exploited and developed and which entity should be granted coal operating
contracts over said areas involves a technical determination by the BED as the administrative agency in possession of the
specialized expertise to act on the matter.
GSIS v. CSC
POWER TO EXECUTE IS INCLUDED IN THE GRANT F ADJUDICATORY POWER FACTS:
GSIS dismissed 6 employees for being notoriously undesirable. 5 of them appealed to the Merits System Board which
found the dismissal to be illegal due to lack of formal charges and opportunity to answer. CSC also denied the appeal. In
the SC, the appeal was also dismissed but it modified the CSC resolution ordering that the payment of back salaries to the
employees be eliminated pending the outcome of the proceedings in the GSIS.
2 of the concerned employees passed away. When the decision of the SC became final, the heirs of the employees filed a
motion for execution. The ME with respect to back wages was granted by CSC despite the opposition of GSIS.
GSIS appealed to the SC contending the CSC has no power to execute its judgment and final orders aside from the
allegation that the execution of CSC is contrary to the resolution of the court.
ISSUE:
May the CSC execute its judgment and resolutions? (Yes) RULING:
CSC is a constitutional commission. It also exercises quasi-judicial powers, as such it has the authority to hear and decide
administrative disciplinary cases originally instituted or on appeal. Corollary to such power is the authority to promulgate
rules concerning practice before it.
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The CSC rules provide that decision in administrative disciplinary cases shall be immediately executory UNLESS a motion
for reconsideration is seasonably filed.
Tthe authority to decide cases is inutile unless accompanied by the authority to see that what has been decided is carried
out.
Hence, the grant to a tribunal or agency of adjudicatory power, or the authority to hear and adjudge cases, should normally
and logically be deemed to include the grant of authority to enforce or execute the judgments it thus renders, unless the
law otherwise provides.
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
court's
judicial power can be sought,
RATIONALE BEHIND EXHAUSTION: This doctrine of exhaustion of administrative remedies was not without its practical
and legal reasons, for one thing, availment of administrative remedy entails lesser expenses and provides for a speedier
disposition of controversies. It is no less true to state that the courts of justice for reasons of comity and convenience will
shy away from a dispute until the system of administrative redress has been completed and complied with so as to give
the administrative agency concerned every opportunity to correct its error and to dispose of the case.
EXCEPTIONS TO THE EXHAUSTION OF REMEDIES: However, we are not amiss to reiterate that the principle of
exhaustion of administrative remedies as tested by a battery of cases is not an ironclad rule. It is disregarded:
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VALMONTE v. BELMONTE
A QUESTION INVOLVING THE RIGHT TO INFORMATION IS PURELY LEGAL AND
NEED NO EXHAUST ALL
ADMINISTRATIVE REMEDIES FACTS:
Valmonet wrote to GSIS Gen. Manager
Belmonte requesting for the list of names of opposition members who were able to secure a clean loan of 2M on guaranty
of Mrs. Marcos.
The counsel of GSIS denied the request on the ground that the list is confidential. This prompted petitioner to file a petition
with the SC.
Petitioner invokes the Right to Information under the Constitution. Respondent opposes on the ground that petitioner failed
to exhaust the remedies when it did not seek a review from the Board of the GSIS, hence no cause of action.
ISSUE:
Is exhaustion of remedies necessary in cases of purely legal question? (No) RULING:
Before a party can be allowed to resort to the courts, he is expected to have exhausted all means of administrative redress
available under the law. 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 opportunity to act and
correct the errors committed in the administrative forum.
However, the principle of exhaustion of administrative remedies is subject to settled exceptions, among which is when only
a question of law is involved.
The issue raised by petitioners, which requires the interpretation of the scope of the constitutional right to information, is
one which can be passed upon by the regular courts more competently than the GSIS or its Board of Trustees.
MANGUBAT v. OSMENA
FACTS:
Under the doctrine of primary jurisdiction, courts cannot take cognizance of cases pending before administrative
agencies of special competence. Note, too, that the plaintiff in the replevin suit who seeks to recover the shipment from the
DENR had not exhausted the administrative remedies available to him.
This Court was impelled to go into the merits of the controversy at this stage, not only because of the importance of the
issue raised but also because of the strong public interest in having the matter settled.
It is essential then both from the standpoint of the firms engaged as well as of the riding public to ascertain whether or not
the procedure followed in this case and very likely in others of a similar nature satisfies the procedural due process
requirement. Thus its ripeness for adjudication becomes apparent.
KBMPBM v DOMINGUEZ
THERE IS NO NEED TO APPEAL TO THE PRESIDENT FOR DECISIONS MADE BY A QUALIFIED POLITICAL AGENT
SUCH AS THE SECRETARY FACTS:
Petitioner and Muntinlupa entered into a contract granting the former the management and operation of the New Muntinlupa
public market. When a new mayor assumed office, he declared that the Municipality was taking over the management and
operation of the market. The controversy began when an order was served upon petitioners. The order was made by the
respondent Secretary of
Agriculture. This prompted the petitioner to file a petition with the SC alleging that the respondent acted without or in excess
of jurisdiction. Bunye claims that petitioner failed to exhaust the administrative remedies.
ISSUE:
Is there a need for petitioner to appeal to the
President before invoking court’s jurisdiction?
RULING:
As to failure to exhaust administrative remedies, the rule is well-settled that this requirement does not apply where the
respondent is a department secretary whose acts, as an alter ego of the President, bear the implied approval of the latter,
unless actually disapproved by him.
This doctrine of qualified political agency ensures speedy access to the courts when most needed. There was no need
then to appeal the decision to the office of the President; recourse to the courts could be had immediately.
Moreover, the doctrine of exhaustion of administrative remedies also yields to other exceptions, such as when the question
involved is purely legal, as in the instant case, or where the questioned act is patently illegal, arbitrary or oppressive.
Finding of fact in administrative decision should not be disturbed if supported by substantial evidence, but review is
justified when there has been a denial of due process, or mistake of law or fraud, collusion or arbitrary action in the
administrative proceeding, where the procedure which led to factual findings is irregular; when palpable errors are
committed; or when a grave abuse of discretion, arbitrariness, or capriciousness is manifest.
In reviewing administrative decisions, the reviewing Court cannot re-examine the sufficiency of the evidence as if originally
instituted therein, and receive additional evidence, that was not submitted to the administrative agency concerned, the
findings of fact in this case must be respected.
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This prompted petitioner to file a petition for certiorari with the SC. Petitioner contends that the public respondents acted
with grave abuse of discretion in issuing the license contrary to the rules and regulations concerning the operations of
resorts in the country. Respondent contends that was not required to submit a contract of lease.
ISSUE:
Can an administrative body issue license, pending litigation concerning the ownership of the subject of the license? (No.)
RULING:
It is a recognized principle that courts of justice will generally not interfere in executive and administrative matters which
are addressed to the sound discretion of government agencies, such as, the grant of licenses, permits, leases, or the
approval, rejection or revocation of applications therefor.
Public respondents undeniably had knowledge prior to the issuance of the license to Guillermo Roxas and/or MJBFS that
the subject restaurant was owned by petitioner and presently leased to Valley Resort Corporation, and that Guillermo
Roxas and/or MJBFS' right to possess and operate the restaurant was the subject of a pending litigation.
The grant is arbitrary and capricious exercise of discretion amounting to lack or excess of jurisdiction.
There are however exceptions to the principle known as exhaustion of administrative remedies, these being: (1) where
the issue is purely a legal one, (2) where the controverted act is patently illegal or was done without jurisdiction or in excess
of jurisdiction; (3) where the respondent is a department secretary whose acts as an alter ego of the President bear the
latter's implied or assumed approval, unless actually disapproved; or (4) where there are circumstances indicating the
urgency of judicial intervention.
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This prompted plaintiff to file a petition for certiorari with the CFI on the ground that there was neither an investigation nor
hearing conducted by the defendant. Defendant argued that plaintiff failed to exhaust all remedies (appeal to the
Commissioner of Customs).
CFI ruled in favor of NDC.
ISSUE:
Is there a need to exhaust administrative remedies when no investigation or hearing was conducted by the administrative
body prior an imposition of fine? (No)
RULING:
Even in administrative proceeding due process should be observed. By imposing a fine without exercising due process
(investigation and hearing), respondent acted improvidently.
While as a rule, exhaustion of administrative remedies must be done before court’s jurisdiction may be invoked, the same
is not necessary if there is an utter disregard of the principle of due process.
In such case, an appeal to the Commissioner of Customs is not in reality a plain, speedy, or adequate remedy in the
ordinary course of law.
27