EPA prelims

Definition of Administrative Agency
It is an organ of the government, other than a court and the
legislature, which affects the rights of private parties either
through adjudication or rule-making.
How does it differ from a court?
Relation to Regular Departments
1. legislature
i. acts as an agent of the law-making body
and so is bound to obey and implement
the legislative will
ii. may be abolished and its incidents may
be altered by the legislature
2. executive
i. comes under the constitutional control of
the President- cannot be withdrawn or
limited even by the legislature
ii. the President may issue his own orders to
the administrative agency and review
and, if necessary reverse its decision
3. judicial department/courts
i. they cannot be deprived of their inherent
power to decide all questions of law,
particularly if they have been initially
resolved by the administrative bodies only
(Medalla v. Sayo)
ii. can review, or even reverse, the
administrative acts even the Chief of
Executive
o Montes v. Civil Service Board of Appeals: the
legality of the acts of the President is under the
judicial review because the law is above the
President himself, and the courts seek only to
interpret, apply or implement it.
iii. may also review the factual findings of
administrative offices by authority of law
or under due process of clause if such
determinations have been made
arbitrarily
iv. Note: they may review administrative
adjudications only as a last resort and,
usually, only when questions of law are
involved.
Howe are they created?
Creation is primarily a legislative function. It is created
through a constitutional provision, authority of law, or
legislative enactment.
Two (2) factors that must be taken after the exhaustion
of administrative action
A. Land Car, Inc. v. Bachelor Express, Inc: the doctrine of
administrative remedies empowers the Office of the
President to review any determination or disposition of a
department head.
Effects of Noncompliance:
1. does not affect the jurisdiction of the court;
2. merely results in the lack of a cause of action; remedy:
motion to dismiss
B. Atlas Consolidated Mining and Dev’t Corp. v. Factoran:
findings of fact should not be disturbed if supported by
substantial evidence.
Exceptions:
1. denial of due process
2. mistake of law
3. fraud
4. collusion
5. arbitrary action in the administrative proceeding
6. when the procedure which led to factual findings is
irregular
7. when palpable errors are committed
8. when grave abuse of discretion, arbitrariness or
capriciousness is manifest
Atlas Consolidated Mining and Dev’t Corp. v. Factoran: 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.
Difference of Legislative and Quasi-legislative
Legislative determines what the law shall be and it cannot
be delegated. Quasi-legislative determines how the law
shall be enforced and it can be delegated.
Difference of Judicial and Quasi-judicial
Judicial Power Quasi-judicial Power
question of law first, then question of fact, then
question of fact question of law
The executive acts last, the executive acts first, with
after the judgment is made the courts acting later,
and all the legal questions whenever warranted, to
are settled review its legal findings
Note: administrative
officers can interpret and
apply the law to the facts
ascertained by them but
such determination is
subject to review by courts
eg. NLRC- its decisions are
reviewable on certiorari by
the CA, and eventually by
the SC
Two (2) basic powers of an administrative body
The two basic powers are quasi-judicial and quasi-
legislative
Quasi-Legislative (Rule-making power)
The power to make rules and regulations which results in
delegated legislation that is within the confines of the
granting statute and the doctrine of non-delegability and
separability of powers.
Quasi-Judicial (Administrative Adjudicatory Power)

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The power to hear and determine question of fact to w/ch
the legislative policy is to apply and to decide in accordance
with the standards laid down by the law itself in enforcing
and administering the same law.
What are the “other powers”?
Determinative powers:
1. Enabling powers- those that permit the doing of an act
which the law undertakes to regulate and which would
be unlawful without the government approval.
2. Directing powers- order the doing or performance of
particular acts to ensure compliance with the law and
are often exercised for corrective purposes
What is the purpose of granting quasi-judicial power to
administrative agencies?
An administrative agency is a body endowed with quasi-
legislative and quasi-judicial powers for the purpose of
enabling it to carry out laws entrusted to it for enforcement
or execution.
Requisites for proper execution of quasi-judicial power
Definition: it is the power of the administrative agency to
determine questions of facts to which the legislative policy
is to apply, in accordance with the standards laid down by
the law itself.
Requisites:
1. Jurisdiction must be properly acquired by administrative
body
2. Due process must be observed in the conduct of
proceedings
-Notice and hearing
What is substantial evidence
Substantial evidence – that amount of relevant evidence
that a reasonable mind might accept as adequate to
support a conclusion.
When is publication necessary
Publication requirement
Required as a condition precedent to the effectivity of a law
to inform the public of the contents of the law or rules and
regulations before their rights and interests are affected by
the same. (Philippine International Trading Corporation v.
COA, G.R. No. 132593, June 25, 1999)
NOTE: If not otherwise required by law, an agency shall, as
far as practicable, publish or circulate notices of proposed
rules and afford interested parties the opportunity to submit
their views prior to the adoption of any rule. [1987
Administrative Code, Administrative Procedure, Sec. 9(1)]
(2000, 2009 Bar)
Exceptions to the requirement of publication
1. Interpretative regulations
2. Internal regulations
3. Letters of instructions
(Tañada v. Tuvera G.R. No. L-63915, December 29, 1986)
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When can notice and hearing be dispensed?
Notice and hearing:
Essential to due process
Rationale:
They may claim the right to appear therein and present their
side or refute the position of opposing parties
General Rule:

Denial of the right to notice and hearing will render the
administrative proceedings null and void for denial of due
process;
Exceptions:
1. Urgency of the immediate action
2. Tentativeness of the administrative action
3. The right had previously been offered but not claimed,
eg. summary abatement of a nuisance per se
Ang Tibay Case
Facts:
Teodoro Toribio owns and operates Ang Tibay, a leather
company which supplies the Philippine Army. Due to
alleged shortage of leather, Toribio caused the layoff of
members of National Labor Union (NLU). NLU averred that
Toribio’s act is not valid. The CIR, decided the case and
elevated it to the SC, but a motion for new trial was raised
by the NLU. But Ang Tibay filed a motion for opposing the
said motion.
Issue:
What is the function of CIR as a special court?
Held:
To begin with the issue before us is to realize the functions
of the CIR. The CIR is a special court whose functions are
specifically stated in the law of its creation which is the
Commonwealth Act No. 103). It is more an administrative
board than a part of the integrated judicial system of the
nation. It is not intended to be a mere receptive organ of the
government. Unlike a court of justice which is essentially
passive, acting only when its jurisdiction is invoked and
deciding only cases that are presented to it by the parties
litigant, the function of the CIR, as will appear from perusal
of its organic law is more active, affirmative and dynamic. It
not only exercises judicial or quasi-judicial functions in the
determination of disputes between employers and
employees but its functions are far more comprehensive
and extensive. It has jurisdiction over the entire Philippines,
to consider, investigate, decide, and settle any question,
matter controversy or disputes arising between, and/ or
affecting employers and employees or laborers, and
landlords and tenants or farm-laborers, and regulates the
relations between them, subject to, and in accordance with,
the provisions of CA 103.
The CIR is free from rigidity of certain procedural
requirements, but this not mean that it can in justiciable
cases coming before it, entirely ignore or disregard the
fundamental and essential requirements of due process in
trials and investigations of an administrative character.
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There are cardinal primary rights which must be respected
even in proceedings of this character:
1. The right to a hearing, which includes the right to
present one’s cause 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;
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 or 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 a
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 Issue involved, and
the reason for the decision rendered.
The failure to grasp the fundamental issue involved is not
entirely attributable to the parties adversely affected by the
result. Accordingly, the motion for a new trial should be, and
the same is hereby granted, and the entire record of this
case shall be remanded to the CIR, with instruction that it
reopen the case receive all such evidence as may be
relevant, and otherwise proceed in accordance with the
requirements set forth
Are laws to be published? Internal Rules and
Regulations? Resolutions
No. Interpretative regulations and those merely internal in
nature, that is regulating only the personnel of the
administrative agency and not the public, need not be
published.
In the case of Rules and Regulations, can the
administrative agencies impose penalties? Is
publication also necessary? Is it only limited to
newspaper of general circulation?
General Rule:
Violation of administrative regulations cannot give rise to
criminal prosecution;
Exception:
If the legislature makes such violation punishable and
imposes the corresponding sanctions
Requirements for validity of administrative order, rules
and regulations with penal sanction.
Requisites of Valid Administrative Regulation (P-SAR):
1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the
legislature.
3. It must be promulgated in accordance with the
prescribed procedure.
Other requisites provided in Administrative Code:
• every agency shall file w/ the UP Law Center 3 certified
true copies of every rule adopted by it;
• prescription- 3 mos.
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• Gen. Rule: each rule shall become effective 15 days from
the date of filing; Exceptions- 1) if a different date is fixed
by law; 2) specified in the rule in cases of imminent
danger to public health, safety and welfare
• must be filed with the National Administrative Register
Special Requisites of a Valid Administrative Regulation with
a Penal Sanction (MIP):
1. The law itself must make violation of the administrative
regulation punishable.
2. The law itself must impose and specify the penalty for
the violation of regulation.
3. The regulation must be published.
Alternative
GN - Penal sanctions in administrative rules and regulations
Requisites to be complied with:
1. Law must declare the act punishable;
2. Law must define the penalty;
3. Rules must be published in the Official Gazette or in a
newspaper of general circulation . (Hon. Secretary
Perez v. LPG Refillers Association of the Philippines,
G.R. No. 159149, June 26, 2006)
Penalty that be imposed
Penal sanctions in administrative rules and regulations
Requisites to be complied with:
1. Law must declare the act punishable;
2. Law must define the penalty;
3. Rules must be published in the Official Gazette or in a
newspaper of general circulation . (Hon. Secretary
Perez v. LPG Refillers Association of the Philippines,
G.R. No. 159149, June 26, 2006)
When will res judicata not apply?
1. Naturalization proceedings or those involving citizenship
and immigration
2. Labor relations;
3. Decisions affecting family relations, personal status or
condition, and capacity of persons. NOTE: It is well
settled that findings of fact of quasi-judicial agencies,
such as the COA, are generally accorded respect and
even finality by this Court, if supported by substantial
evidence, in recognition of their expertise on the specific
matters under their jurisdiction. (Reyna v. COA, G.R.
No. 167219, February 8, 2011)
What are the sources of admin law?
1. Constitution
2. Decisions of the court interpreting charters of
administrative bodies
3. Rules and regulations issued by the administrative
bodies
4. Determinations and decisions of administrative bodies
How are administrative bodies created
It can be created by the constitution or by statute, if created
by the constitution it can only be abolished or altered by the
constitution. if created by statute, only the legisliture that
gave life to it can amend or replace it. thereby abolishing it
in good faith.
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What is subordinate legislation?
Delegation to Administrative bodies
also known as the power of subordinate legislation/
quasi-legislative powers.
NOTE: Congress can only delegate rule-making power
to administrative agencies. It is the authority vested by
Congress to the administrative bodies to “fill in the
details” which Congress cannot provide due to lack of
opportunity or competence. This includes the making of
supplementary rules and regulations. They have the
force and effect of law.
What kind of powers? quasi-legislative and quasi-
judicial
Quasi-judicial powers
1. Enabling powers
• Permits the doing of an act which the law undertakes to
regulate and which would be unlawful without
governmental orders.
• It is characterized by the grant or denial of permit or
authorization. Example: Issuance of licenses to engage
in a particular business
2. Directing powers
• Orders the doing or performing of particular acts to
ensure the compliance with the law and are often
exercised for corrective purposes. Examples: public
utility commissions, powers of assessment under the
revenue laws, reparations under public utility laws, and
awards under workmen’s compensation laws, and
powers of abstract determination such as definition-
valuation, classification and fact finding.
3. Dispensing powers
• Exemplified by the authority to exempt from or relax a
general prohibition, or authority to relieve from an
affirmative duty. Its difference from licensing power is
that dispensing power sanctions a deviation from a
standard.
4. Summary powers
• Apply compulsion or force against person or property to
effectuate a legal purpose without a judicial warrant to
authorize such action. Examples: Abatement of
nuisance, summary restraint, levy of property of
delinquent taxpayers
5. Equitable powers
• The power to determine the law upon a particular
state of facts that has the right to, and must, consider
and make proper application of the rules of equity.
Examples: Power to appoint a receiver, power to
issue injunctions
6. Examining powers
• This is also called as investigatory power. Requires
production of books, papers, etc., and the attendance
of witnesses and compelling the testimony.
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Powers of administrative agencies
1. Discretionary
• the law imposes a duty upon a public officer, and
gives him the right to decide how or when the duty
shall be performed.
2. Ministerial
• one which is as clear and specific as to leave no
room for the exercise of discretion in its performance.
Sub-delegation of powers
When a statute confers some legislative powers on an
executive authority and the further delegates those powers
to another subordinate authority of agency.
Valid delegation of administrative power
Requisites for a valid delegation of quasi-legislative or rule-
making power
1. Completeness Test - The statute is complete in itself,
setting forth the policy to be executed by the agency
2. Sufficient Standard Test - Statute fixes a standard,
mapping out the boundaries of the agency’s authority
to which it must conform It lays down a sufficient
standard when it provides adequate guidelines or
limitations in the law to map out the boundaries of the
delegate’s authority and prevent the delegation from
running riot.
3. To be sufficient, the standard must specify the limits of
the delegate’s authority, announce the legislative policy
and identify the conditions under which it is to be
implemented. (ABAKADA Guro Party List v. Purisima,
G.R. No. 166715, August 14, 2008)
4. The administrative body may not make rules and
regulations which are inconsistent with the provisions
of the Constitution or a statute, particularly the statute it
is administering or which created it, or which are in
derogation of, or defeat, the purpose of a statute.
(Dagan v. Philippine Racing Commission G.R. No.
175220, February 12, 2009
People v. Que Po Lay
Before the public is bound by its contents, especially its
penal provisions, a law, regulation or circular must first be
published and the people officially informed of said contents
and penalties.
Qualified political agency
The power of the President to reorganize the National
Government may validly be delegated to his cabinet
members exercising control over a particular executive
department (DENR v. DENR Region 12 Employees)
Primary Resort
Garcia v. CA: if a remedy is available within the
administrative machinery, this should be resorted to before
resort can be made to the courts.
Doctrine of Primary Jurisdiction
Does not warrant a court to arrogate unto itself authority to
resolve a controversy the jurisdiction over which is initially
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lodged with an administrative body of special competence;
simply calls for the determination of administrative
questions
How do you consider due process in administrative
proceeding?
Administrative tribunals are unrestricted by the technical or
formal rules of procedure which govern trials before a court,
especially where the administrative order has the effect of
only prima facie evidence.
CARDINAL RIGHTS OR PRINCIPALS TO BE OBSERVED
IN ADMINISTRATIVE PROCEEDINGS:
1. right to a hearing- includes the right of the party
interested or affected to present his own case and
submit evidence in support thereof;
2. the tribunal must consider the evidence presented;
3. the evidence must have something to support its
decision;
4. the evidence must be substantial- relevant evidence as
a reasonable mind might accept as adequate to support
a conclusion; Rationale- to free administrative boards
from the compulsion of technical rules
5. 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; boards of
inquiry- their report and decision are only advisory
6. the Court of Industrial Relations or any of its judges,
therefore, must act on its or his own independent
consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in
arriving at a decision;
7. the Court of Industrial Relations should, in all
controversial questions, render its decision in such a
manner that the parties to the proceeding can know the
various issues involved and the reasons for the
decisions rendered
General Rule:
Denial of the right to notice and hearing will render the
administrative proceedings null and void for denial of due
process;
Exceptions:
1. Urgency of the immediate action
2. Tentativeness of the administrative action
3. The right had previously been offered but not claimed,
eg. summary abatement of a nuisance per se
Nuisance per se and per accidens
Nuisance per se - An act, occupation, or structure which
unquestionably is a nuisance at all times and under any
circumstances, regardless of location or surroundings. It is
anything which of itself is a nuisance because of its inherent
qualities, productive of injury or dangerous to life or property
without regard to circumstance.
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Nuisance per accidens - An act, occupation, or structure,
not a nuisance per se, but which may become a nuisance
by reason of circumstances, location, or surroundings.
2 parameters to undertake notice without considering
the 2 remedies
1. Principle of finality of administrative action -
Administrative action must have been completed
2. Principle of exhaustion of administrative remedies -
Administrative remedies must have been exhausted
Penal sanction, when is publication needed as to
administrative body
Special Requisites of a Valid Administrative Regulation with
a Penal Sanction (MIP):
1. The law itself must make violation of the administrative
regulation punishable.
2. The law itself must impose and specify the penalty for
the violation of regulation.
3. The regulation must be published.
• BPI Leasing Corp. v. CA: Gen. Rule- statutes,
including administrative rules and regulations,
operate prospective only; Exception- if the legislative
intent to the contrary is manifest by express terms or
by necessary implication.
• Phil. Global Comm., Inc. v. Relova: opinions of the
Sec. of Justice are material in the construction of
statutes of the same matter.
• Hidalgo v. CIR: an administrative officer may revoke,
repeal or abrogate the acts or previous rulings of his
predecessor in office.
What do you mean by jurisdiction
Jurisdiction is the power and authority of the court to hear,
try and decide a case.
The practical authority granted to a legal body to administer
justice within a defined field of responsibility.
Meaning of administrative law
Branch of modern law under which the executive
department of the government, acting in a quasi-legislative
or quasi-judicial capacity, interferes with the conduct of the
individual for the purposes of promoting the well-being of
the community
Benefits of administrative agencies? How do they help?
1. ` derived from specialized training and experience
2. adaptability to change and ease in reacting to a new
and even emergency situations
3. more resilient
4. they can initiate action and not simply wait for their
jurisdiction to be invoked
5. they may proceed to the solution of the problems
confided to their attention with more expeditiousness
6. they are created by the legislature to address new social
problems and vest in said agencies broad guidelines for
the resolution of said problems
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Is their knowledge and expertise necessary in judicial

and legislative cases?
Osias Academy v. DOLE: administrative agencies which
have acquired expertise because their jurisdiction is
confined to specific matters are generally accorded not only
respect but even finality.

CGG v. Pena: courts must allow the administrative agencies

to carry out their functions and discharge their
responsibilities within the specialized area of their
respective competence

UHC v. Dayrit: a statute may vest exclusive original

jurisdiction in an administrative agency over certain
disputes and controversies falling within the agency’s
special expertise.

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