Professional Documents
Culture Documents
Administrative Law
By DO Rodolfo M. Elman
Ateneo de Davao Law School
General Principles/Terms
Administrative Agencies
(Definition; Manner of Creation; Kinds)
Powers of Administrative Agencies
a. Quasi-Legislative (Rule Making)
1) Kinds of Admin Rules & Regulations
2) Requisites for Validity
b. Quasi-Judicial (Adjudicatory)
1) Administrative Due Process
2) Administrative Appeal and Review
3) Administrative Res Judicata
Admin Terms/Concepts
Republic of the Philippines (or GRP) as
distinguished from National Government
Issue: Whether CB is part of National
Government. CB is a government
instrumentality created as an autonomous
body under RA 265 as amended to
administer the monetary and banking sytem
(CB vs. Ablaza)
Are GOCCs embraced in term GRP? (BQ)
MCQ
An agency of the government refers to any of the
various units of the government, including a
department, bureau, office, instrumentality, or
GOCC, or a local government unit. Given the
foregoing definition, which of the following is not an
agency of the government?
a) DPWH
b) Land Transportation Office
c) Philippine Ports Authority
d) Land Bank of the Philippines
HLURB
declare void a mortgage of lot done in violation of PD 957
and annul a foreclosure sale (Home Bankers vs. CA, 547
SCRA 167)
mere allegation of relationship bet. subd. owner and lot
buyer does not vest automatic jurisdiction in HLURB.
Decisive element is the nature of the action as enumerated
in Sec. 1, PD 1344 (Cadimas vs. Carrion, 567 SCRA 103)
HLURB and not SEC has jurisdiction over complaint vs.
developer (under receivership) for specific performance
regarding homeowners needs (Arranza vs. BF Homes,
333 SCRA 800).
Quasi-Judicial Power
express empowerment by law; merely
incidental and in aid of main function
the action or discretion of admin. officers to
investigate facts and draw conclusions from
them as basis for their official action
involves: a) taking and evaluating evidence;
b) determining facts based upon the
evidence presented; and c) rendering an
order or decision supported by the facts
proved.
Cases
Forum Shopping
It exists when, as a result of an adverse
opinion in one forum, a party seeks a
favorable opinion (other than by appeal or
certiorari) in another, or when he institutes
two or more actions or proceedings
grounded on the same cause, on the
gamble that one or the other court would
make a favorable disposition.
Cases
General rule: certificate must be signed by all
plaintiffs in a case; exception: they have common
interest or filed the case as a collective, raising only
one common cause of action or defense (HLC vs.
Emily Homes Homeowners Assn., 411 SCRA 504)
Rule is not applicable to agency not exercising
judicial or quasi-judicial function (Cabarrus vs.
Bernas, 279 SCRA 388) or the cases do not raise
identical causes of action (Velasquez vs.
Hernandez, 437 SCRA 358)
No forum shopping since CHED is w/o quasijudicial power and cannot make any disposition of
the case (UST vs. Sanchez, 626 SCRA 127)
Quasi-Legislative Power
A relaxation of principle of separation
Requirements for validity of rules (germane; conform to standards;
relate solely to carrying into effect the provisions of law)
If issued in excess of rule making authority, no binding effect upon the
courts; treated as mere administrative interpretations of the law
Mere absence of implementing rules cannot effectively invalidate
provisions of law, where a reasonable construction may be given.
Statute authorizing Pres. to suspend operation of law upon happening
of act or event the ascertainment of which is left to the Pres. is not an
undue delegation.
Cases
Rev. Memo Circular 7-85 (change of prescriptive period
of 2 yrs. to 10 yrs. on claims of excess quarterly income
tax payments) inconsistent with the NIRC; no vested
rights arising from wrong construction of law (Philbank vs.
Commissioner of Internal Revenue, 302 SCRA 241).
AO 308 providing for adoption of a national computerized
identification reference system is unconstitutional. Its
establishment requires a delicate adjustment of various
contending state policies, the primacy of national security
etc. It deals w/a subject that should be covered by law
(Ople vs. Torres, 293 SCRA 141).
Fiscal Autonomy
entails freedom from outside control and
limitations, other than those provided by law; a
guarantee of full flexibility to allocate & utilize
their resources. It recognizes the power to levy,
assess and collect fees, fix compensation rates
not exceeding the highest rates authorized by
law and allocate and disburse such sums as
may be provided by law; formulate and
implement their organizational structure and
compensation of their personnel.
Cases
Upgrading/creation of FMO and PAO in CHR. CHR is
not in the genus of offices accorded fiscal autonomy
by constitutional or legislative fiat. Fiscal autonomy is
a constitutional grant and not a tag obtainable by
membership. CHR cannot lawfully implement an
upgrading and reclassification of positions w/o DBM
approval because DBM has sole power to administer
the UPCCS (CHREA vs. CHR, 444 SCRA 300).
CHR has privilege of having its approved annual
appropriations released automatically and regularly,
but not fiscal autonomy in its extensive/broad sense
(CHREA vs. CHR, 496 SCRA 227).
MCQ Example
Which of the following public official can
exercise the Doctrine of Augmentation?
a) Presiding Justice of the Sandiganbayan
b) CSC Chairman
c) Solicitor General
d) Chairman of the Commission on Human
Rights
Implementing Rules or
Interpretative Policies
Admin bodies have authority to interpret
meaning of the law.
not binding upon courts but have force/ effect
of law and entitled to great respect.
reasons for sustaining decision of
administrative bodies: on basis of separation
of powers and their knowledgeability and
expertise.
Abrogation or repeal of previous acts or
rulings of predecessor in office.
Cases
EO 79 providing for compulsory membership in
GSIS of qualified reserve AFP officers like Gen.
Asuncion is effective 15 days after its publication in
OG on 12/22/86 (GSIS vs. COA, 301 SCRA 736).
DBM Circular disallowing payment of allowances &
other compensation to government officers is of no
force & effect due to absence of publication in OG
or newspaper xxx. That it was reissued &
submitted for publication in OG does not cure the
defect and retroact to date of disallowance (Phil.
International Trading vs. COA, 309 SCRA 177).
Publication is a condition precedent.
Requirements of Administrative
Due Process
1. Impartial tribunal
*Sec. 9 (Fabella vs. CA, 282 SCRA 256)
2. Due notice & hearing or opportunity to be heard
*Emin vs. De Leon, 378 SCRA 143
*Alcala vs. School Principal Villar, 11/18/03
*Jurisdiction is a matter of law & once acquired, is not lost upon
the instance of the parties
(OMB vs. Estandarte, 521 SCRA 155)
3. Procedure consistent w/essentials of fair play
4. Proceedings conducted to give opportunity for court to determine
whether the applicable rule of law and procedure were
observed.
MCQ Illustration
The law provides that an admin complaint must be verified &
filed w/the proper govt office. Will failure to conform w/
verification requirement cause the dismissal of the complaint?
a) Yes. It is not only a formal but a jurisdictional requirement.
b) Yes. It will determine the truthfulness & genuineness of the
allegations.
c) No. Lack of verification is not fatal but only a formal defect.*
d) No. Technical rules of procedure are not applicable in
administrative cases.
Doctrine of Exhaustion of
Administrative Remedies
Before a party can be allowed to seek judicial
intervention, he is required to exhaust all
means of administrative redress available
under the law.
3 reasons for the doctrine
*give admin body the chance to act and
correct errors
* prevent unnecessary & premature resort to
courts
* doctrine of separation of powers
Effect of failure to observe doctrine
Cases
Applicable only to acts in the performance of a
quasi-judicial, not rule-making, function; issue
of validity of IRR issued by National
Government Center Administration Committee
that is it not in accord w/RA 9207 is w/in
court jurisdiction (Holy Spirit Homeowners
Assn. vs.Defensor, 497 SCRA 582).
MR must first be filed conformably w/Sec. 14,
Rule Vll of NLRC Rules before special civil
action for certiorari may be availed of
(Sunshine Transport vs. NLRC, 254 SCRA 51).
Cases
Cases
Factual finding of DARAB w/c relied on
certification by MARO that petitioner is a tenant
is not conclusive on courts. Tenacy is not purely
a factual relationship but also a legal relationship
(Bautista vs. Araneta, 326 SCRA 234).
Classification of public land is a function of the
Director of LMB and his decision when approved
by DENR Sec. as to question of fact is
conclusive & not subject to judicial review (Rep.
vs. Imperial, 303 SCRA 127)
Immunities
Admin bodies cannot grant criminal and civil
immunities to persons unless the law
explicitly confers such power.
PCGG may grant criminal (under EO 14A)
and civil (under Art. 2028 CC) immunities
Apply Art 2028, Civil Code: amicable
settlement in civil cases applicable to PCGG
cases
OMB under Sec. 17 of RA 6770
Three-fold Responsibility
Remedies may be invoked separately, alternately,
simultaneously or successively
Rule: Administrative cases are independent from
criminal cases
Exception: Law expressly provides for prior final
administrative determination. Example In
prosecution of ULP under Labor Code, no criminal
prosecution for ULP can be filed w/o a final
judgment in a previous administrative proceeding.
PNP
Sec. 6, Art. XVl Const.: The State shall establish & maintain
one police force xxx
Authority of the local chief executive is one of operational
supervision and control, i.e. power to direct the employment
& deployment of PNP elements to ensure public safety and
effective maintenance of peace & order, except 30 days
immediately preceding & following any election (Sec.62,RA
8551)
Relationship bet. PNP and AFP: PNP shall, thru info gathering
& performance of its ordinary police functions, support the
AFP on matters involving the suppression of insurgency (and
other serious threats to national security), except where the
President calls on the PNP to support the AFP in combat
operations.
Ombudsman Constitutional
Mandate
As protector of the people, OMB has the
power, function and duty to act promptly
on complaints filed in any form or manner
against public officials and to investigate
any act or omission of any public official
when such act or omission appears to be
illegal, unjust, improper or inefficient.
Case
The decision of the OMB (1-yr. suspension anent
resp. City Treasurers shortages) is immediately
executory pending appeal & may not be stayed
by the filing of the appeal or issuance of an
injunctive writ. The proviso in the OMB Rules of
Procedure (AO 17) that a decision is immediately
executory is a special rule that prevails over
the proviso of the Rules of Court (Sec. 12 Rule
43) which provides for the stay of the decision
pending appeal (OMB vs. Samaniego, 10/15/10).
End
Good Luck!