ADMINISTRATIVE LAW

GENERAL TERMS (AS PER ADMIN CODE)

Government of the Republic of the Philippines - corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

National Government - entire machinery of the central government, as distinguished from the different forms of local governments.

Local Government - political subdivisions established by or in accordance with the Constitution.

Agency of the Government - any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein.

National agency - refers to a unit of the National Government Local agency- refers to a local government or a distinct unit therein. Department - refers to an executive department created by law. For

purposes of Book IV, this shall include any instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.

Bureau- any principal subdivision or unit of any department. For purposes of Book IV, this shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices.

Office - refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.

Instrumentality - any agency of the National Government, not integrated within the department framework vested within 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.

Regulatory agency - any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council.

Chartered institution - any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State.

Government-owned or controlled corporation - any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-owned or controlled corporations may be further categorized by the Department of the Budget, the Civil Service Commission, and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations.

Officer - as distinguished from "clerk" or "employee", a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, "officer" includes any government employee, agent or body having authority to do the act or exercise that function.

Employee - when used with reference to a person in the public service, includes any person in the service of the government or any of its agencies, divisions, subdivisions or instrumentalities.

CHAPTER 1: INTRODUCTION

History Not traditionally recognized body of law Complexity of modern life led to increase in subjects of government

regulation and subsequently in the multiplication of government functions.

Underlying theory is that issues dealing with administrative law ought to be, in the first instance, decided by experts and not by a judge.

Multiplication of government functions + recent tremendous growth in administrative agencies + agencies created have extensive investigation, rule-making and adjudicating powers = ADMINISTRATIVE LAW.

Still in the formative stages and being developed as part of traditional system of law.

American and English jurisprudence, from where our administrative laws are derived, are persuasive though not controlling.

Concept, Scope and Concerns Definition – part of law which governs the organization, functions, and

procedures of administrative agencies of the government to which (quasi) legislative powers are delegated and (quasi) judicial powers are granted, and the extent and manner to which such agencies are subject to control by courts

- Broad: entire system of laws under which the machinery of the State works and by which the State performs all functions (law of governmental administration)

Ana Margarita Mortel ADMINISTRATIVE LAW 1

- Narrow: system of legal principles to settle the conflicting claims of executive/administrative authority and private/individual rights; branch of modern law under which the government (in quasi-legislative/ quasi- judicial capacity) interferes with the conduct of the individual for purpose of promoting the well-being of the community

Scope – - law governing administrative authorities

specific Constitutional provisions statutes judicial decisions construing and applying them principles of justice and equity

- law made by administrative authorities rules and regulations/ orders and decisions

(general/particular applicability)- administrative authority – public officers and organs

charged with the amplification, application, and execution of the law EXCEPT:

Congress Regular Courts

Concerns – - Protection of private rights

subject matter - nature and mode of exercise of administrative power/ system of relief against administrative action

- Officers and agencies exercising delegated powers

Distinguished from other branches of law

International Law Administrative Law Binding as to officers

NO. except in so far as it has been adopted into the admin law of the state.

YES. Guides officers in their actions as agents of government.

Constitutional Law Administrative Law Contents General framework of

government organization Execution of general framework, including details

Standpoint and Emphasis

Treats of rights of individual Rights of individual from standpoint of government powers

Emphasis Emphasis on rights Emphasis on powers of government as against duties of citizens

In relation with individual rights

Limitations on government powers to protect individual rights from abuse

Remedies for violation of individual rights

* Administrative law supplements and complements constitutional law in as far as it determines rules relative to the activity of administrative authorities.

Criminal Law Administrative Law Nature Body of penal sanctions Rule may be enforced

applied to all branches of law

through a penal sanction, but is really administrative in nature.

Public Administration Administrative Law Subject matter Practical management of

various State organs/ execution of state policies by officers entrusted with such functions

Refers only to external aspect of public administration, although constituting bulk of public administration.

Principal subdivisions and classifications Subdivisions

- Internal Administration – legal relations between government and administrative officer, or between administrative officers/ organs

Considers legal aspects of public administration on institutional side

Includes: - Legal structure or organization of public

administration - Legal aspects of institutional activities - Legal questions involved in over-all

amangement - External Administration – legal relations between

administrative authorities and private interests Divisions:

- Survey of powers and duties of administrative authorities that relate directly to private interests

- Analysis of scope and limits of such powers - Some account of the sanctions attached to/

means enforcing official determinations- Examinations of remedies against official

action. Classifications

Source Purpose Applicability Law controlling:Constitution, statutes, judicial decisions, executive orders, orders of administrative superiors

Procedural:Derived from delegating law, established procedure which an agency must follow in pursuit of its legal purpose

General: Common to most administrative agencies and is chiefly procedural.

Law made:General regulations and particular determinations, presidential proclamations issued under clauses, rules of

Substantive: Derived from same sources as procedural law but establishes primary rights and duties.

Specific: Pertain to particular agencies and proceeds from statue creating individual agency.

Ana Margarita Mortel ADMINISTRATIVE LAW 2

practice and decisions of admin tribunals, cease and desist orders of admin bodies

Advantages and criticisms Administrative process – whole of the series of acts of an

administrative agency whereby the legislative delegation of a function is made effectual in particular situation. Embraces matters concerning the procedure in the disposition of both routine and contested matters, and the manner in which determinations are made, enforced, and reviewed.

Advantages : - V. Executive Action

Insures greater uniformity and impersonality of action Discretion is sometimes preferable to the rule.

- V. Judicial Power Despite differences in administrative and judicial

process, there are deemed collaborative instrumentalities of justice, in that courts entertaining actions before them may call the aid of administrative agencies on questions needing administrative competence.

Role of courts:□ Accommodate administrative process to

traditional judicial system □ Accommodate private rights and public

interest in the powers reposed in the administrative agencies

□ Reconcile democratic safeguards with effective government conduct.

Aim of judicial role:□ Maintain Constitution by seeing that powers

are not unlawfully vested in administrative agencies, and those which are lawfully vested are lawfully exercised.

□ Give due deference to role of administrative agencies (no unwarranted limitation of lawfully vested powers and functions)

□ Lend judicial powers for proper attainment of valid administrative objectives.

□ Leave to legislature/ people the remedy for unwise or undesirable, albeit lawful, administrative action

Judicial process is not the alternative to administrative process in the ff. circumstances:

□ Issuance of rules and regulations of general applicability

□ Fixing of rates and prices□ Refusal of license grant

□ Functions involving discretion with respect to future conduct

Limitation upon exclusive judicial enforcement □ Judicial enforcement not uniform because

courts may vary in their application of the law/ will not take initiative in enforcement.

□ Admin agencies help in creating uniform execution policies.

- V. Legislative Action Trend toward Preventive Legislation – desire for

more effective and flexible remedies Limitations on effective legislative action:

□ Practicality in view of lack of time, specialized knowledge, lack of staff for securing expert information, complexity of problems arising withint eh framework of general policy, harmful rigidity which would result from attempting to anticipate in statue the variety and changing character of situations

- Continuity of attention and clearly allocated responsibility- Need for organization to dispose of volume of business and to

provide the necessary records. Criticisms :

- Tendency towards arbitrariness- Lack of legal knowledge and aptitude in sound judicial

technique - Susceptibility to political bias or pressure - Disregard for safeguards of full and fair hearing- Absence of standard rules of procedure suitable to activities

of each agency - Dangerous combination of legislative, judicial, and executive

functions.

Administration as a separate power Function of execution of law + totality of executive and administrative

authorities. o As a function – execution, in the non-judicial sense, of the law

or will of the State as expressed by competent authority. Activity of executive officers in government, those

having to do with carrying of laws into effect. o As an organization – group of persons in whose hands the

reigns of government are for the time being.

Administration of government v. Administration of justice Administrative officers – those charged with administration of

government- work not necessarily a result of controversy and not merely

dependent on the solution of the question of law, but usually a result of consideration of expediency.

Judicial officers – those charged with administration of justice

Ana Margarita Mortel ADMINISTRATIVE LAW 3

- involves decision of controversies between individuals and government officers, as to the applicability of a particular rule of law.

Administration as organization v. Government Government – institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are necessary to enable men to live in a civilized state.

Administration – aggregate of persons in whose hands the reigns of the government are entrusted by the people for the time being.

CHAPTER 2: NATURE AND ORGANIZATION

A. STATUS AND CHARACTERISTICS

Creation, reorganization and abolition May be created by:

- Constitution- Legislative enactments - Executive

Creation subject to constitutional restrictions. Duly executed acts of admin agencies have valid effects beyond the

life span of agency. Agencies of statutory origin are subject to expansion/contraction of

powers, reorganization, or abolition at the will of Congress, still subject to constitutional limitation.

- When the purpose of statue is to abolish an office and replace it with another one, LAW MAKING AUTHORITY HAS TO SAY SO.

- Congress can delegate power to create positions. - Reorganization is regarded as valid provided it is pursued in

good faith.

Meaning of administrative agency Administrative agency – agency exercising some significant

combination of executive, legislative, and judicial powers.- Can refer to fourth governmental power

Agency of the government – any of the various units of the government

- National agency – unit of national government - Local agency – local government or unit therein.

Administrative agency v. CourtAdmin Agency Court

Composition Men who are deemed to become something of experts in their particular fields

Tribunal presided by one or more jurists learned in law

Functions Variety of functions Strictly judicial Governing Rules

Varying degree of discretion/ not bound by technical rules of evidence

Governed by fixed rules/ no final adjudication is to be made until after due notice and hearing.

Status and Character of particular administrative agencies Status and character of administrative agency depends on terms of

constitutional or statutory provisions creating them. As public or governmental agencies: Generally, they may be said to

be agencies of the government (acting for and in behalf of the government) although they may determine issues between private parties as incidents of their public functions.

As judicial bodies or courts: - Strict sense : NOT court and NO INHERENT JUDICIAL POWERS,

cannot exercise purely judicial functions, not bound by rules of court

- Broad sense : can be administrative agencies exercising adjudicatory powers.

- Admin agency’s function is primarily regulatory despite conducting hearings and deciding on controversies. Judicial body’s function is to adjudicate upon and protect rights of private parties.

As legislative or executive agencies: - Cannot be clearly attributed to either executive or legislative

branch because they may be deemed to be agents of the said branches in that –

When agents of legislative: may perform legislative functions although without legislative power in strict sense

When agents of executive: may be viewed as part of executive when performing functions needing their competence in certain matters within the scope of their authority.

As independent/ subordinate bodies:- Administrative agency usually refers to body independent of

executive branch/ not subordinate to superior head of department.

As corporate bodies/legal entities: - May have corporate legal capacity to sue and be sued. - May have perpetual existence apart from members

Main characteristics and its consequencesCharacteristic

Description Problems

Size LARGE. Reflecting nationwide jurisdiction and character of work.

Internal organization; delegation of authority; means of dispute settlement

Specialization Technical/ professional training

Optimum utilization of skills; Procedure for adjudication and rule making.

Ana Margarita Mortel ADMINISTRATIVE LAW 4

Responsibility for results

Tasked with accomplishing a particular statutory end (if created by Congress) and hence cannot take a passive attitude towards issues.

Conflict arising from combination of prosecution and adjudication

Variety of administrative duties

Variety in circumstances and conditions under which the activities of various agencies impinge upon private individuals

Difficulty of generalizing description and prescription (especially in procedure)

Above characteristics contribute to delegation of function and authority.

Heads need not necessarily be specialists themselves, although specialists must be immediately available to them. Majority of heads’ work involves supervision and direction.

Delegation of function and authority Types of delegation:

- Internal management - Authority to dispose of routine matters - Authority to dispose of matters informally/ initiate formal

proceedings - Authority and function in formal proceedings

Degrees: (may be combined with supervision and control, calling for the ff.)

- Policy statements of agency heads, crystallized for routine application

- Consideration by admin heads of cases where application of established policy is difficult/ policy is not crystallized

- Requirement of weekly/daily reports to agency heads

Types of Administrative Agencies Offer grant/ gratuity

- Veterans, GSIS, Public Attorney’s Office, PMCC Carry on certain government functions

- BIR, Customs, Immigartion, LRA Performance of business service

- MWSS, NFA, NHA, Phil. Post. Comm., Phil. Railways Regulate business affected with public interest

- IC, LTFRB, ERB, NTC, HLURB Regulate private businesses and individuals

- SEC, MTRCB, GAB, DDB, BRCP Adjust individual controversies in light os strong social policies

- NLRC, ECC, SSC, SEC, DAR, COA

B. ADMINISTRATIVE ORGANIZATION

Distribution of powers of government

Administrative organization – administrative structure of government including its political subdivisions and the allocation of powers, functions, and duties to its various agencies.

- Traditional branches: legislative, executive, judicial - Special bodies: CSC, COMELEC, COA, Ombudsman, CHR

(constitutionally granted powers)

Organization of the Office of the President Office of the President Proper

- Private office - direct service to president/ first family)- Executive office - responsive to needs of President to achieve

objectives of office) Executive Secretary, Deputy executive secretaries,

Assistant Executive secretaries. - Staff support system – offices under the general categories of

development and management, genral government administration and internal administration

- Presidential assistants/ advisers system – consultative services to the president in such fields and under such conditions as the president may determine

Agencies under the office of the president – those offices under:- Chairmanship by the president - Administrative supervision of president - Attached to OP for policy and proper coordination- Not places by law creating them under any special

department President to have continuing authority to reorganize the

administrative structure of the Office of the President by:- Restructuring the internal organization - Transferring any function under OP to any other Department

or Agency (and vice versa) - Transferring agency under OP to another agency (and vice

versa)

Organization of Departments Department – executive department crated by law, including any

instrumentality having or assigned the rank of department (regardless of designation)

Instrumentality – any National Government agency: - not integrated with the department framework vested with

special functions or jurisdiction by law- endowed with autonomy, usually through a charter - includes:

regulatory agencies chartered institutions government owned and controlled corporacial charter,

vested by law with functions realating to specific constitutional policies or objectives

Number, purpose, decentralization

Ana Margarita Mortel ADMINISTRATIVE LAW 5

- Number of departments as necessary for functional distribution of the work of the President & performance of functions

- Organized and maintained to insure capacity and plan to implement programs in accordance with national policies

- Grouped primarily on basis major functions for purposes of simplicity, economy, efficiency in operations

- Decentralized functions to reduce red tape and relieve officials from unnecessary involvement in routine and local matters

Department proper - Secretary + Undersecretary + Assistant Secretary

Secretary – supervision and control of department; has authority and responsibility for the exercise of mandate of department and discharge of its powers

Undersecretary – advise and assist the secretary in the formulation and implementation of department objectives and policies

Assistant secretaries – perform such duties as may be provided by law or assigned to him by the Secretary

- Shall have as many number of under secretaries as may be provided for by law

- Assistant secretary position may be created whenever necessary

- Major units : Planning service – planning, programming, project

development Financial and management service – budgetary,

financial, and management affairs Administrative Services – personnel legal

assistance, information, records, delivery, receipt of correspondence, supplies, equipment, collections, disbursement, security and custodial work

Technical Services – technical staff activities not otherwise allocated to three other services

Legal Services – where legal work is substantial (although usually part of administrative services)

Jurisdiction over bureaus - Each department shall have jurisdiction over bureaus, offices,

regulatory agencies and government corporations assigned to it by law in accordance with the applicable relationships

Assignment of offices and agencies, etc. - President shall assign/attach offices and agencies not

otherwise assigned/attached by law to any department

Organization of bureaus Bureau – principal subdivision or unit of any department performing a

single major function or closely related functions Powers and duties of heads of bureaus (directors):

- Appoint and discipline personnel

- Designate assistant heads to act as chief of any division or unit without additional compensation

- Fix amount of bonds executed by private parties to government

- Prescribe forms and issue circulars (PENALTIES NOT PRESCRIBED UNLESS PROVIDED BY LAW)

- Issue orders regarding internal affairs Staff Bureau – policy, program development, advisory functions Line Bureau – directly implement programs pursuant to department

policies and plans

Organization of field offices Regional Offices – established according to law defining field service

areas Administration – Regional Director + Assistant Regional Director Supervision – by staff or line bureau depending on activity Organization – organized according to functional areas represented by

primary office Functions of Regional Office

- Implement laws, policies, plans, programs, rules and regulations of the department or agency in the regional area;

- Provide economical, efficient and effective service to the people in the area

- Coordinate with regional offices of other departments, bureaus and agencies in the area;

- Coordinate with local government units in the area; and- Perform such other functions as may be provided by law

Definition of administrative relationship Supervision and Control – CONTROL

- Act directly whenever a specific function is entrusted by law or regulation

- Direct performance of duty/ restrain the commission of acts - Review, approve, reverse, modify acts and decisions of

subordinate officials - Determine priorities in the execution of plans and programs - Prescribe standards, guidelines, plans and programs

Administrative supervision – SUPERVISION - administrative relationship between a department and regulatory agencies

- Oversee operations of such agencies - Require submission of reports and cause audit and evaluation

to determine compliance with policies - Take necessary action for performance of official functions - Review budget proposals - LIMITATIONS (may NOT extend to ) –

Personnel actions in accordance with decentralization Contracts which review and procedures are governed

by appropriate laws Power to review, reverse, revise, modify decision of

regulatory agencies

Ana Margarita Mortel ADMINISTRATIVE LAW 6

Attachment – lateral relationship between department and attached agency for purposes of policy and program coordination

- Day-to-day administration left to head of agency.- In case of conflict, bring to secretary. - If secretary unable to resolve, bring to President. - GOCCs to submit to secretary audited financial statements

within 60 days after the close of the fiscal year. Pending review, GOCC to operate within last year’s

budget.

Powers of Department Secretary Advise the president in issuing orders (relative to matters under

jurisdiction of department) Establish policies and standards for Department operations pursuant

to approved programs of governments Promulgate rules and regulations necessary to carry out department

objectives Promulgate administrative issuances for efficient administration of

offices under the secretary (no penalties for violation unless expressly authorized by law).

Exercise disciplinary powers over officers and employees under the secretary in accordance with the law

Appoint all officers and employees of department unless expressly reserved in some other appointing authority

Exercise jurisdiction over all bureaus, offices, agencies, and corporations under department as provided by law

Delegate authority to officers and employees under secretary’s direction and in accordance with Code

Perform such other functions as may be provided by law

Authority of Department Secretary Supervision and control over bureaus, offices, and agencies subject to

the ff:- Initiative and freedom of action on part of subordinate is to be

encouraged - Experience judgment to be vested by law upon subordinate

agency with respect to functions involving discretion - Provisions of Admin Code applicable to any regulatory function

of an agency subject to department control Secretary’s authority NOT applicable to chartered

institutions or GOCCs attached to department

Delegation of Authority Delegated authority shall be to the extent necessary for economical,

efficient and effective implementation of national and local programs Delegation shall be in writing/ indicate which officer delegation is

made/ vest sufficient authority to discharge assigned responsibility

Line bureau authority Exercise supervision and control over regional and field offices

Regional and field offices to serve as operating arms of bureaus in particular regions

GOCCs and Department GOCC – agency organized as (stock or non-stock) corporation with

functions relating to public needs, whether governmental or proprietary

- owned by Government directly or through its instrumentalities(wholly or at least 50% of capital stock with respect to stock corporations)

- may be further categorized by DBM, CSC, and COA for purposes of discharge of power

- attached to appropriate department with which they have allied functions/ as provided by EO

- At least 1/3 of board of GOCC should either be Secretary, USec, or Asec.

- Const, Art 7, Sec 13 – Pres, VP, Cabinet (deputies and assistants) are prohibited from holding any other office or employment

Regulatory Agencies and Department Regulatory Agency – expressly vested with jurisdiction to regulate,

administer, adjudicate matters affecting substantial rights and interest of private persons, principal powers of which are exercised by a collective body.

Subject to administrative supervision of department under which they are placed (except government corporation)

Heads of Regulatory agencies to submit budgets and work plans annually for approval of Secretary

May avail of common and auxiliary management services of the department as may be convenient and economical for their operations

Mandates to Different Departments DFA – foreign relations Finance – fiscal policies Justice – legal counsel and prosecution arm Agriculture DPWH – engineering and construction arm DECS – education DoLE – labor Defense – guard against national security threats DOH – health DTI – trade and investments DAR – agrarian reform DILG – local governments DoT – tourism DENR – use of natural resources DOTC – transpo and communication DSWD – approach to welfare DBM – formulation and implementation of national budget DOST – scientific and technological development

Ana Margarita Mortel ADMINISTRATIVE LAW 7

DoE – energy exploration

CHAPTER 3: POWERS AND FUNCTIONS

A. IN GENERAL

Meaning Powers – means by which the function is fulfilled Functions – that which one is bound or is one’s business to do

Source of Powers Constitutionally granted/ delegated by statute Failure to exercise does not forfeit or extinguish powers

Scope of Powers Express and Implied – statues conferring power must be liberally

construed to enable proper discharge of functions - Express – as in Constitution or statute - Implied – those which are necessarily included in express

powers - Where general power is conferred/enjoined, every particular

power necessary for exercise of one or the other is also conferred.

Inherent – no inherent powers, except those necessarily implied. Quasi-judicial – generally, no quasi-judicial powers and acquisition is

entirely dependent on enabling law.

Nature of powers Purely constitutional or statutory. Conferred powers must be commensurate with duties to be performed

(broad). Powers subject to Constitution/ applicable law./ administrative

regulation

What constitutes administrative power/ function Term merely for convenience rather than technicality Powers not explicitly legislative, executive, and judicial Powers involve exercise of judgment and discretion

Classification of PowersNature Degree of subjective choice Investigatory powers Discretionary Quasi-legislative (rule making) Ministerial Quasi-judicial (adjudicatory)

Discretionary – persons exercising it may choose which of several courses will be followed (dictates of judgment and conscience)

Ministerial – simple definite duty imposed by law; no dependence on discretion

B. INVESTIGATORY POWERS

Generally Power to investigate, initiate action and control range of investigation Consists in gathering, organizing, and analyzing evidence May be granted sole powers (merely investigatory/ advisory/

recommendatory) Maybe granted powers as aid to other powers which they possess

(inform themselves to determine if further action is necessary) Test of w/n exercising judicial functions:

- Adjudication – authority to make final pronouncements - Investigation – merely to evaluate evidence based on facts

and circumstances/ no authority to make final pronouncement

Scope Exercised within limits prescribed and bear a reasonable relationship

to general powers granted Initiation of investigation Conduct of investigation – private Inspection and examination Requirements as to accounts, reports etc. (alongside right to have

access to and copy of documentary evidence of any person subject of investigation)

Requiring attendance of witnesses/ giving of testimonies/ production of evidence (MUST BE PROVIDED BY STATUTE)

Hearing – NOT necessary part of investigation Contempt proceedings – possible only if EXPRESSLY granted by

enabling law Application of technical rules of procedure and evidence – wide

latitude of discretion in procedure

Right to Counsel in administrative investigations Hearing not part of criminal prosecution (may or may NOT be assisted

by counsel) Exclusionary rule in custodial investigation not applicable.

- Custodial investigation – stage where investigation has begun to focus ona particular suspect who has been taken into custody to carry out a process of interrogation which mya elicit incriminating statements

- Right to counsel only applies in custodial investigation in relation to criminal prosecutions and as such, does not apply to investigations of administrative nature.

Importance of administrative investigations Rule-making, adjudicating, licensing

Ana Margarita Mortel ADMINISTRATIVE LAW 8

Prosecuting, supervising and directing, determining policies, recommending legislation, illuminating obscure areas

C. RULE-MAKING POWERS

Generally Nature – what may be granted is rule-making power to implement the

law it is trusted to enforce Necessity – “subordinate legislation” – practicality and specialization

considered, to accommodate the various and varying details of management.

Conditions – - Completeness test - Sufficient standard test

Binding force and effect – valid rule or regulation is LAW and has binding effect on agency and those dealing with agency.

Prospective/ retroactive application – prospective application unless intent to the contrary is manifested.

Legislation on administrative level Legislative power – power to make, alter, or repeal laws/ rules in the

FUTURE Administrative legislation/ delegated legislation/ ordinance

making/ quasi-legislation – legislation within the confines of the granting statute

Held to ba a valid source of authority to delegate a particular function unless by express provision of the statute such has been withheld.

Limitations on rule-making power Admin body may not make rules whicha re inconsistent with

provisions of Constitution or enabling statute Admin body may not abridge statute. It is confined to putting the law

into effect or carrying out the legislative purpose. In case of discrepancy between basic law and rule, basic law prevails

because said rule cannot go beyond terms of law. Rules must be uniform in operation, reasonable, fair, non-

discriminatory.

Rules and regulations v. orders or ruling Rules and regulations used interchangeably although former is

broader – - Duly made general rules relative to the subject on which the

administrative agency acts, in aid of enforcement of its provisions

- Administrative regulations MAY constitute merely an administrative opinion as to what a statue under construction means (interpretative regulations)

Orders/ rulings – more of a judicial function which deal with a particular present situation

- Ruling – frequently used to signify interpretation of a statute to a particular situation

Kinds of rule-making powers (PIPICS)

Power Rule-Making/Admin

Published/ Not published

Express/Implied

Procedural adminInternal admin NOT PUBLISHED Penal Admin ALWAYS

EXPRESSInterpretative RM NOT PUBLISHED Contingent RM ALWAYS

EXPRESSSupplementary

RM

Legislative Rules and Regulations “Subordinate legislation” – rules and regulations issued only in virtue

of statutory delegation If valid has force of law Characteristics:

- Statute delegates power to agency to adopt the rule.- Provides that rule shall have authoritative force if within

delegated power.

Interpretative Rules and Regulations Resemble judicial adjudication in that they purport to do nothing more

than interpret the statute being administered and anticipate what ultimately must be done by the courts.

Valid only in as far as they correctly construe the statute. Merely advisory and not conclusive. Final determination to be done by

courts.

Legislative v. InterpretativeLegislative Interpretative

Power to create new law May embody new law Clarify previously existing laws

Need for express delegation

May be issued only under express delegation of law

May be issued as necessary incident of administration of regulatory statute

Statutory sanction May provide sanctions unless ultra vires/ unconstitutional

No statutory sanction

Binding force and effect Binding if valid Advisory, persuasive Consequence of wrong construction

No vested right; government not in estoppel to correct rule

May be set aside by judicial department if tainted with grave

Ana Margarita Mortel ADMINISTRATIVE LAW 9

abuse of discretion

Contingent rules and regulations Contingent rules – those which shall take effect only after the

happening of a future specified contingency (leaving to some other person/body the power to determine when the specified emergency has arisen)

Difference between rule-making (invalid because it involves discretion as to what the law should be) and conferring authority to execute the law (valid)

Procedural rules Procedural rules – method by which agency will carry out tis

functions

Ordinance powers of the President (GAME PM) Executive orders – rules of general or permanent character in

execution of Constitutional or Statutory powers Administrative orders – relate to specific governmental operations Proclamations – fixes date/ declares status of public interest upon

the existence of which the operation of law is made to depend Memorandum orders – matters of administrative details of

subordinate or temporary interest and concern only a particular office(r).

Memorandum circulars – internal administration which the President desires to bring to offices for information and compliance

General or special orders – in capacity as Commander-in-chief

Administrative issuances of Secretaries and heads of bureaus, offices or agencies

Circulars or orders- Circulars - issuances prescribing policies, rules and

regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto

- Orders - issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned.

Numbering System of Issuances - Every circular or order issued pursuant to the preceding section shall properly be identified as such and chronologically numbered. Each class of issuance shall begin with number 1 of each calendar year .

Official Logbook - Each department, bureau, office or agency shall keep and preserve a logbook in which shall be recorded in

chronological order, all final official acts, decisions, transactions or contracts, pertaining to the department, bureau, office or agency. Whenever the performance of an official act is in issue, the date and the time record in the logbook shall be controlling. The logbook shall be in the custody of the chief Administrative Officer concerned and shall be open to the public for inspection.

Government-wide Application of the Classification of Issuances. –- The Records Management and Archives Office in the General

Services Administration shall provide such assistance as may be necessary to effect general adherence to the foregoing classification of issuances, including the conduct of studies for developing sub-classifications and guidelines to meet peculiar needs

- All administrative issuances of a general or permanent character shall be compiled, indexed and published.

Practical necessity of rule-making power Regulation of highly complex and changing conditions Gradual change in the regulatory role of Congress (Congress to give

out general principles whicl administrative bodies to apply those general principles)

Inability of legislative bodies to anticipate future situations

Special advantages of the rule-making power Legislature freed form concern with details and more focus upon

enactment of fundamental policies. Legislature has additional time to investigate concretization by admin

authorities of policies. Easier to correct mistakes in rules Administrator does not have to choose between efficiency and letter

of the law. Allowance to administrator of trial and error by working out policies. Bureaucracy subject to political and professional responsibility. Less prone to abuse if statutory generalities are made more specific. Increases certainty of law. Contingent legislation furnishes means by which policy can be blocked

out by legislature.

Requisites for valid administrative rules and regulations Issued upon authority if law Must not be contrary to law and Constitution Promulgated in accordance with procedure In some cases –

- Notice and hearing - Publication

Grant of rule-making powers Expressly by legislative act Implication from expressly granted powers

Ana Margarita Mortel ADMINISTRATIVE LAW 10

Consistency with law and Constitution Must not be in conflict with law or Constitution. IN case of discrepancy

between implementing rule and basic law, basic law prevails. Determination of validity -

- Legislative rule: Relevance - w/n rule relate to subject matter on which

power to legislate has been delegated Conformity with standards - w/n rule conforms to

standards prescribed in delegating law Constitutionality – w/n rule is invalidated on

constitutional grounds - Interpretative rule:

Correct interpretation - w/n rule correctly interprets statute

Observation of limits – w/n rule is an attempt to exercise undelegated legislative powers

Tests for validity – - Rule invalid if exceeds authority granted to it - Rule invalid if conflicts with governing statute - Rule void if it extends or modifies the statute - Rule void if no reasonable relationship to statutory purpose - Courts to set aside rules deemed unconstitutional, arbitray, or

unreasonable

Reasonableness requirement Bear reasonable relation to purpose sought to be accomplished Supported by good reasons (depends on character or nature of

subject matter of rule) Free from constitutional infirmities or charges of arbitrariness LIBERAL INTERPRETATION where rigid enforcement will result in

deprivation of rights.

Internal rules and regulations Those issued by superior admin officer to his subordinate Object: efficient and economical administration of departmental

affairs Nature: administrative in nature, do not pass beyond limits of

department/agency to which they are directed; create no rights in third persons

Penal rules and regulations Those carrying penal or criminal sanctions for violation of the same Administrative authorities are authorized to issue

administrative regulations which are penal in nature and where the delegating statue itself makes the violation of the administrative regulations punishable and provides for its penalty.

Requisites for validity:- Delegating law must provide for imposition of penalty for

violation - Delegating law must fix or define such penalty

- Violation for which penalties are imposed must be punishable or made a crime under the delegating law

- Rules and regulations must be published in Official gazette

Legal force and effect of administrative rules and regulations Courts accord great respect to administrative authorities because of

separation of powers and presumed knowledgeability in enforcement of laws entrusted to their jurisdiction.

Legislative rules – law if valid Interpretative – validity subject to court challenges, although given

great weight Rules prescribing methods of procedure are bing on both agency and

respondent parties.

Principles of administrative construction Same as those used in contruction of statutes:

- Expression unius est exclusio alterius- That construction which will sustain its validity, or the more

reasonable interpretation - Penal provisions should be strictly construed but not so much

as to defeat the purpose for its adoption - In suits involving admin agency, rles should be construed

strictly against it (ambiguities resolved in favor of adversaries) - Look at administrative construction unless meaning of words

are not technical. - Liberal construction to achieve purpose

Effect of reliance on rules A person who relies in good faith onany agency rule should be held

harmless from loss if that rule is later held invalid/ amended Invalid or unconstitutional – null, vests no rights Subsequently amended – prospective enforcement especially if

retroactive enforcement will prove to be detrimental to interests of persons who relied on superseded rule.

Retroactive operation of rules, regulations and rulings Depends on delegating law No prohibited as long as it does not conflict with legislative

prescriptions to make retroactive laws

Amendment or repeal of administrative rules and regulations Admin agency has authority to change rules promulgated by it, and

such fact does not mean that previous rule is unreasonable. Change must be made within statutory procedural requirements. Generally, admin rule must not be changed so as to effect a

retroactive change, unless such retroactive amended was intended to actually correctly apply the law.

Ana Margarita Mortel ADMINISTRATIVE LAW 11

Res judicata not applicable to admin bodies exercising regulatory or quasi-legislative power, although agency bound to recognize validity of rule of conduct prescribed by it.

Liberal construction of procedural rules where no prejudice will result.

Requirements on promulgation of rules and regulations

Section 3. Filing. - Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons.

- The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this section under pain of disciplinary action.

- A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection.

Section 4. Effectivity. - In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.

Section 5. Publication and Recording. - The University of the Philippines Law Center shall:

- Publish a quarter bulletin setting forth the text of rules filed with it during the preceding quarter

- Keep an up-to-date codification of all rules thus published and remaining in effect, together with a complete index and appropriate tables.

Section 6. Omission of Some Rules. - The University of the Philippines Law Center may omit from

the bulletin or the codification any rule if its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of that rule shall be made available on application to the agency which adopted it, and the bulletin shall contain a notice stating the general subject matter of the omitted rule and new copies thereof may be obtained.

- Every rule establishing an offense or defining an act which, pursuant to law, is punishable as a crime or subject to a penalty shall in all cases be published in full text.

Section 7. Distribution of Bulletin and Codified Rules. - The University of the Philippines Law Center shall furnish one (1) free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President, Congress, all appellate courts and the National Library. The bulletin and the codified rules shall be made available free of charge to such public officers or agencies as the Congress may select, and to other persons at a price sufficient to cover publication and mailing or distribution costs.

Section 8. Judicial Notice. - The court shall take judicial notice of the certified copy of each rule duly filed or as published in the bulletin or the codified rules.

Section 9. Public Participation. - 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.

- In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon.

- In case of opposition, the rules on contested cases shall be observed.

Requirements of notice and hearing or publication Prior notice and hearing not required in the exercise of quasi-

legislative powers because no there is no determination of past events or establishment of facts.

- Where rules do NOT apply to named or specified parties: notice and hearing not required; Not required also where rules are meant to apply to all enterprises of a given kind in the Philippines.

- Where rules apply to named or specified parties: previous notice and hearing may be required if such rules exclusively applying to a party is predicated upon a finding of fact and such fact is denied by the party.

- Where requirements prescribed by law: notice must be given if prescribed by law

- Where rules have the force and effect of law: when issuances are of general applicability, publication is required.

Subsequent publication will not cure defect. Example: Eos, Admin RR

- Where rules merely interpretative or internal: need not be published.

D. ADJUDICATORY POWERS

Generally Adjudicatory or determinative powers

- Involve specific parties (as opposed to rule-making general application)

- Judicial function exercised by person other than a judge - Involve exercise of quasi-judicial power (exercise of judicial

power by an admin agency)

Distinguished form judicial power Judicial power – power to hear, try, and determine all sorts of cases at

law and equity brought before the courts/ final determination of rights and liabilities of contending parties

Administrative adjudicatory powers – where the function of the agency is (1) primarily administrative and (2) the power to hear and

Ana Margarita Mortel ADMINISTRATIVE LAW 12

determine controversies is granted as an incident to the administrative duty, the power is administrative.

Where the function is primarily to decide questions of legal rights between private parties with respect to a controversy (decision primary object and NOT mrely incidental to regulation), the power is judicial.

- Freedom of action- Absence of control or coercive influence

Extent of judicial or quasi-judicial powers of administrative agencies Limited jurisdiction – resolution of questions of complex or specialized

character/ to declog court dockets Extent of powers depends largely on enabling act – quantum of such

powers defined by enabling act and grant of original jurisdiction on quasi-judicial agency is NOT implied.

Split jurisdiction not favored – those controversies falling within specialization of agency are within its jurisdiction.

Grant of power must be found in the law itself. General policy to uphold exercise.

Distinguished from investigative power Investigate – examine, explore, inquire Adjudicate – judge, decide, determine, resolve (based on merits of

issues raised)

Distinguished from legislative power Time, person, grant of power, publication, existence of controversy

QL QJTime Future and existing

conditions Past or present facts under existing laws

Person (subject) General/Classes of persons or situations

Particular named persons or situations

Grant of power May merge with adjudicatory powers where regulations are set down as to grant a license or permit

Notice and hearing Not required Required Publication Required Not required Controversy None Present

Nature of particular acts Licensing, enabling, or approving – QJ – except if:

- Discretionary refusal was not based on conflicting evidence although hearing for obtention of facts is QJ in nature.

Fixing rates and charges – either QL or QJ:- If rules to apply to a class of persons – QL- If rules apply to particular party basedon finding of fact – QJ - In either case – rates must non-confiscatory and must have

been established in manner prescribed by legislature. Miscellaneous acts (ADMINISTRATIVE, NOT JUDICIAL)

- Auditing accounts of receiver of public moneys- Determination by CSC of classification and grading in Civil

Service

- Passing upon petition to callf or elections- Function of draft boards- Investigation for purposes of ascertaining correctness of tax

return - Parole of prisoners (if sentence not affected)/ revocation of

parole- Transfer of prisoners from one place to another- Preliminary finding of probable cause of arrest- Initial determination as to thing are nuisances or not - Closing and taking charge of banks found to beinsolvent and

assessment of stock holders- Determination of w/n CBA is violated- Issuance of warrant of distraint of levy in tax cases- Deportation of aliens

Classification of Adjudicatory powers (DEEDS) Dispensing – exempt/ permit; authority to exempt from prohibitions,

relief from affirmative duties:- Differs from licensing in purpose: dispensing sanctions

deviations from standard whereas licensing sets or assumes a standard.

Enabling – grant/permit; granting or denial of licenses or permits Equitable – power to determine the law and make proper application

of rules of equity. - Issuance of injuctions if statutorily granted - Determination of fair and reasonable standards

Directing – corrective/ award; powers of abstract determination such as definition-valuation, classification, fact finding, powers of assessment, reparations under utility laws, corrective power of PU commissions

Summary – compel/force; administrative power to apply compulsion or force against person or property to effectuate a particular purpose without a judicial warrant to authorize such action (has to be statutorily granted)

CHAPTER 4: SEPARATION OF POWERS

Doctrine of separation of powers Powers are allocated among three branches (executive, legislative,

judicial), although separation not absolute. Powers assigned to one branch should not be exercised by either of

the other two branches, and no department should exert an overruling influence over the others.

Doctrine of non-delegation of powers Potestas delegata non potest delegari. What has been delegated may not in turn be delegated.

- Legislative power may NOT be delegated. NOT-ABSOLUTE

Ana Margarita Mortel ADMINISTRATIVE LAW 13

completeness

Sufficient standard

Enabling law

Enabling statute

Admin agency has NO POWER to complete law itself

Law itself

Some other statute

w/n admin agency acted within authority given by law

- Such doctrine does not preclude a certain degree of admixture of the three powers in administrative agencies.

NECESSITY – Questions beyond the determination by

legislature EXPERTISE

- Requisites for delegation Completeness test Sufficiency in standard test

Guides as to delegation of powers to admin agencies Purely legislative powers CANNOT be delegated. Delegation of power to make law v. delegation of authority to execute

law - Should be question of how law should be applied v. what law

shall be. Legislature may delegate fact finding power.

- For purposes of putting into effect, suspending, or applying the law

- NOT for creating conditions which constitute the fact. Legislature must declare a policy and fix a standard in enacting a

delegating law, and admin agency may be authorized to fill in the details.

- Possibility that admin officers might exercise powers in arbitrary and discriminatory manner is NOT a ground for objection to delegation.

By sufficiency of standard, we mean prescription of adequate guidelines in the law to map out boundaries of the delegate authority and prevent delegation from running riot.

- Personal judgment of agency NOT sufficient if unrestrained. Liberality in permitting grants of discretion to admin agency in order

to facilitate administration of laws. Standard may be express or implied. In delegation of rate-fixing power, only standard is that rate must

be reasonable and just. Completeness test – sufficiently definite and certain to enable one

to know his rights and obligations thereunder. Only question left is how to enforce law.

Restriction on grant of judicial power Legislature cannot grant judicial powers to admin agencies, although

there are admin functions which are judicial in nature. Merely quasi-judicial; restricted to that which is incidental and

reasonably necessary to the proper and efficient administration of the statues that are committed to them for administration.

Where standards may be expressed or contained In law itself (expressed or implied) Other sources

- Other pertinent legislation - Common sense and experience

Exceptions to rules requiring standards (unlimited discretion) handling state property or funds power not exclusively legislative and without relation to personal or

property rights purely internal matters unbinding recommendations by the Board regulation of privileges impracticable (to lay down definite comprehensive rules) necessity of protecting general welfare, morals, public safety

Constitutional delegation of legislative power (permissive) PLATE P eople at large, Local government, Autonomous regions, Tariff

powers, Emergency powers Art. 6:

- Necessary powers in times of war or national emergency- Fixing of duties and imposts subject to limitations by Congress- Initiative and referendum

Signed by 10% of total registered voters Every legislative district must be signed by 3% of

registered voters Art. 10:

- Local government structure (initiative and referendum)- Local government in creation of revenues - Alteration of territorial boundaries by plebiscite - Creation of autonomous regions by plebiscite - Organic act of autonomous regions – powers:

Administrative organization Creation of sources of revenue Ancestral domain and natural resources Personal, family and property relations Urban and regional planning Economic, social and tourism development Educational policies Preservation and development of cultural heritage Other matter authorized by law for promotion of

general welfare

Delegation of legislative powers to local governments Local governments may exercise legislation by prescribing local

regulations

Ana Margarita Mortel ADMINISTRATIVE LAW 14

CHAPTER 5: ADMINISTRATIVE PROCEEDINGS

Character of proceedings Adversarial Quasi-judicial/ judicial in nature if it involves:

- Taking and evaluation of evidence - Determination of facts based upon evidence presented- Rendering an order supported by proven facts

Civil (not criminal) Not an action at law

Jurisdiction Meaning: power and authority given by law to head and decide a case Elements:

- Jurisdiction over subject matter- Jurisdiction over person

Necessity: - Essential to give validity to determinations of admin agencies

Source: - Constitution/ delegating law

Conduct, waiver, estoppels:- Deviations from statutorily established sphere of action

cannot be made effective by waiver or estoppels. - Active participation in pending case against him is tantamount

ot recognition of said court’s jurisdiction Determination of existence:

- Agency may determine if they are authorized by statute to act/ exercise jurisdiction, although such finding is not conclusive upon courts.

Failure to exercise power:- Does not result in loss of such power

Expiration or repeal of statute:- Does not deprive agency of jurisdiction to enforce statute as

to liabilities incurred while proceedings are pending. Jurisdiction of courts:

- No general powers, but only such as have been conferred upon them by law.

- DOCTRINE OF PRIMARY JURISDICTION – question of which body should first take cognizance of case.

if it is a question involving expertise – relief must first be obtained in an administrative proceeding before remedy will be supplied by courts.

Procedure to be followed Procedure prescribed in delegating law; ROC + general principles of

logic, justice and equity suppletory; construction is liberal to effect just, speedy, and inexpensive disposition of disputes.

Agency may adopt any reasonable method in carrying out its functions (in the absence of provisions in the delegating law)

- What is important is parties were given opportunity to be heard and accorded basic demands of due process.

Rules of Adjudication & Appeal : Administrative Code Section 10. Compromise and Arbitration. - To expedite

administrative proceedings involving conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest, encourage amicable settlement, comprise and arbitration.

Section 11. Notice and Hearing in Contested Cases. -- In any contested case all parties shall be entitled to notice and

hearing. The notice shall be served at least five (5) days before the date of the hearing and shall state the date, time and place of the hearing.

- The parties shall be given opportunity to present evidence and argument on all issues. If not precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement or default.

- The agency shall keep an official record of its proceedings. Section 12. Rules of Evidence. - In a contested case:

- The agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs.

- Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted.

- Every party shall have the right to cross-examine witnesses presented against him and to submit rebuttal evidence.

- The agency may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.

Section 13. Subpoena. - In any contested case, the agency shall have the power to require the attendance of witnesses or the production of books, papers, documents and other pertinent data, upon request of any party before or during the hearing upon showing of general relevance. Unless otherwise provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls. The Court may punish contumacy or refusal as contempt.

Ana Margarita Mortel ADMINISTRATIVE LAW 15

Reasonable

Meet due ends of

Due process

Meet due ends of

notice

hearing

actual

constructivew/n adversarial depends on law

Section 14. Decision. - Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. The agency shall decide each case within thirty (30) days following its submission. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.

Section 15. Finality of Order. - The decision of the agency shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected unless within that period an administrative appeal or judicial review, if proper, has been perfected. One motion for reconsideration may be filed, which shall suspend the running of the said period.

Section 16. Publication and Compilation of Decisions. –- Every agency shall publish and make available for public

inspection all decisions or final orders in the adjudication of contested cases.

- It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a register or compilation of those decisions or final orders for use by the public.

Section 17. Licensing Procedure. –- When the grant, renewal, denial or cancellation of a license is

required to be preceded by notice and hearing, the provisions concerning contested cases shall apply insofar as practicable.

- Except in cases of willful violation of pertinent laws, rules and regulations or when public security, health, or safety require otherwise, no license may be withdrawn, suspended, revoked or annulled without notice and hearing.

Section 18. Non-expiration of License. - Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature, the existing license shall not expire until the application shall have been finally determined by the agency.

Section 19. Appeal. - Unless otherwise provided by law or executive order, an appeal from a final decision of the agency may be taken to the Department head.

Section 20. Perfection of Administrative Appeals. –- Administrative appeals under this Chapter shall be perfected

within fifteen (15) days after receipt of a copy of the decision complained of by the party adversely affected, by filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees.

- If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.

- The agency shall, upon perfection of the appeal, transmit the records of the case to the appellate agency.

Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise provided by law, or the appellate

agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case.

Section 22. Action on Appeal. - The appellate agency shall review the records of the proceedings and may, on its own initiative or upon motion, receive additional evidence.

Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.

Section 24. Hearing Officers. –- Each agency shall have such number of qualified and

competent members of the base as hearing officers as may be necessary for the hearing and adjudication of contested cases.

- No hearing officer shall engaged in the performance of prosecuting functions in any contested case or any factually related case.

Section 25. Judicial Review. –- Agency decisions shall be subject to judicial review in

accordance with this chapter and applicable laws.- Any party aggrieved or adversely affected by an agency

decision may seek judicial review.- The action for judicial review may be brought against the

agency, or its officers, and all indispensable and necessary parties as defined in the Rules of Court.

- Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the reviewing court a petition for review of the order. Copies of the petition shall be served upon the agency and all parties of record. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review, and shall be accompanied with a true copy of the order appealed from, together with copies of such material portions of the records as are referred to therein and other supporting papers. The petition shall be under oath and shall how, by stating the specific material dates, that it was filed within the period fixed in this chapter.

- The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. One (1) motion for reconsideration may be allowed. If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal.

- The review proceeding shall be filed in the court specified by statute or, in the absence thereof, in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court.

- Review shall be made on the basis of the record taken as a whole. The findings of fact of the agency when supported by

Ana Margarita Mortel ADMINISTRATIVE LAW 16

substantial evidence shall be final except when specifically provided otherwise by law.

Section 26. Transmittal of Record. - Within fifteen (15) days from the service of the petition for review, the agency shall transmit to the court the original or a certified copy of the entire records of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceedings. The court may require or permit subsequent correction or additions to the record.

Controversies among government offices and corporations How Settled: Administratively settled or adjudicated in the manner

provided Book IV, Ch. 14.- Shall NOT apply to disputes involving the Congress, the

Supreme Court, the Constitutional Commissions, and local governments.

Disputes Involving Questions of Law: submitted to and settled by the Secretary of Justice

- ruling or decision thereon shall be conclusive and binding on all the parties concerned.

Disputes Involving Questions of Fact and Law: Submitted to and settled or adjudicated by:

- The Solicitor General - dispute, claim or controversy involves: only departments, bureaus, offices and other agencies

of the National Government Government-owned or controlled corporations Entities of whom SolGen is the principal law officer or

general counsel- The Secretary of Justice, in all other cases not falling under the

abovementioned. Arbitration: Determination of factual issues may be referred to an

arbitration panel - Composition:

one representative each of the parties involved presided over by a representative of the Secretary of

Justice or the Solicitor General Appeals: Decisions final and binding upon the parties

- Appeals maybe taken to President where the amount of the claim or the value of the property exceeds one million pesos.

The decision of the President shall be final. Rules and Regulations: The Secretary of Justice shall promulgate the

rules and regulations necessary to carry out the provisions of this Chapter.

Due process of law in administrative adjudication Must be observed in judicial as well as administrative proceedings to

every case which may deprive a person of life, liberty, property- Liberality of procedure in administrative actions subject to

Constitutional limitations.

Requirement for hearing can be as lenient as affording parties opportunities to explain respective sides and submit evidence in support of their arguments before judgment is rendered.

- Pleadings and position papers may suffice. - What is discouraged is complete denial of opportunity to be

heard. Non-rigid application, although balanced by conformity with law,

practice, equity, basic demands of due process. REQUISITES (DINA) :

- Decision, impartial tribunal, notice, appear personally Actual or constructive notice of institution of

proceedings Opportunity to appear personally (with or w/o

counsel), introduce witnesses, and relevant evidence, controvert evidence of other party

□ Counsel not necessary. Impartial, honest, competent (jurisdicition) tribunal Decision based on substantial evidence presented at

hearing/ ascertained in records - Non-observance of due process may nullify proceedings.

Nullity may be impugned any time either directly or collaterally.

Institution of proceedings Depends upon purpose and governing statute of admin agency

- Ex parte application (license, permit, approval, consent, claim)

- Filing of charge or complaint by aggrieved person (hearing subsequently)

- Initiative of admin agency

Necessity for notice and hearing Admin, executive, legislative functions: notice and hearing not

essential Judicial/ quasi-judicial functions + particular acts: person affected

entitled to notice and hearing - Does not connote full adversarial hearing, as long as given

opportunity to be heard. - Even if not conferred by statute, may be derived from

Constitutional guarantee of due process. Sufficiency of notice

Substantial notice as to afford affected party time to prepare defense and meet issues involved

May be actual or constructive

Waiver of right to notice Maybe waived since notice goes to jurisdiction of person and not

subject matter Not required where it is impossible to notify all interested parties

Ana Margarita Mortel ADMINISTRATIVE LAW 17

Denial to due process may be cured Subsequent appearance Given full opportunity to heard

Elements of right to hearing Scope: includes right of party to –

- Present case, submit evidence- Know claims of opposing party and meet them- Cross examine witnesses for a full and true disclosure of facts

( NOT INDISPENSABLE REQUIREMENT)- Submit rebuttal evidence

Actual hearing not essential

Duty of administrative body to consider evidence presented Official must act on its own or his own consideration of the law and

facts of the controversy and not simply accept views of subordinate. Render decision as to apprise parties of issues involved and reasons

for the decisions rendered.

Investigation v. Hearing Investigation - (may be private) – informal proceedings to obtain

information to govern future actions- No parties - Not adversarial

Hearing – - Have parties- Have issues of law and fact to be tried- Action affecting rights of parties may be taken at conclusion of

hearing- Parties entitled to be present in person and by counsel

participate in and be furnished records of proceedings

Requirement of notice and hearing as provided by law or regulation Provided by law – necessary Not provided by law – determine if right is implied by terms of statute

and attendant circumstances Provided by regulations – may be held to embrace all elements of fair

hearing Essential only when an administrative body exercises quasi-judicial

functions. Where not required:

- Depends on circumstances, nature of right affected, and power exercised.

Necessary only when constitutional right is claimed to be invaded, and even then, trial-type hearing not required.

Not essential when powers exercised are legislative, executive, or administrative in nature.

□ NOT REQUIRED –

▫ Summary abatement of nuisance per se

▫ Summary proceedings of distraint and levy upon property of delinquent taxpayer

▫ Preventive suspension of public officer pending investigation

▫ Interlocutory orders in ex parte administrative proceedings

May be waived.

Applicability of rules governing judicial proceedings ROC SUPPLETORY Strict legal rules not applicable. Only those which ar fundamental and

essential.- Hearsay evidence may be admitted if supported by

substantial evidence. Due process NEEDS to be observed.

- Cannot be empowered to act arbitrarily. - Afford fair and reasonable opportunity to be heard.

Delegation of authority to head and receive evidence VALID and as such, may include subordinate officials upon whose

hand the agency delegates portion of its authority. - Power to decide still rests fully upon administrative agency.

Essential that judgment and discretion are finally exercised by proper officer.

Essential that due process requirements are observed. Essential that proper officer acts upon his own independent judgment.

Evidence in administrative proceedings Application of strict rules of evidence may not be necessary. Particular judicial rules:

- Best evidence rule- Transactions between parties should not be used against third

parties- Res gestae- Expert opinion and evidence- Privileges of witnesses- Proper authentication of records- Use of interrogatories- Rule as to contradiction of witness

Essential rules of evidence:- Giving of evidence under oath- Probative value of evidence - Proper allocation of burden of proof- Degree of proof - Right to know evidence submitted, inspect records, cross

examine witnesses, offer rebuttal evidence and explanation. Probative value: evidence must be substantial

Ana Margarita Mortel ADMINISTRATIVE LAW 18

- Substantial evidence – relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

- Uncorroborated evidence is NOT ipso facto insufficient. Hearsay evidence: admissible, when not objected to, and used merely

as supplement to any direct evidence. Admissions and declarations: admissible EXCEPT those self0serving

declarations Evidence offered during the hearing:

- Parties must be fully apprised of evidence submitted UNLESS it is known to both parties that evidence not formally introduced has been accepted

- Decision rendered must be rendered based on evidence presented during hearing or contained in records and disclosed to paffected parties.

Agency files and records: may take notice of data on file or results reached by it in other cases where such is made known and there was adequate opportunity for rebuttal.

Secret or confidential information: - Generally, information cannot be withheld. EXCEPT –

Where right to hearing does not include right to know information which must be kept secret in view of public interests

Quantum of proof: SUBSTANTIAL EVIDENCE- Presumption of regularity accorded to ordinary admin

proceedings does not apply to proceedings involving deprivation of citizen or taxpayer of his property

Decisions or orders Must necessarily be supported by findings, otherwise a nullity (at least

when attacked directly) - Such requirement need NOT be expressed in delegating law. - Findings necessary:

To make known the basis upon which an action of admin agency is based, and protect parties against arbitrary action

To enable courts to perform function of review (esp. where administrative agency has kept within its jurisdiction and decided case based upon evidence and law)

To give reviewing court assistance of expert judgment entrusted to agency for initial determination

Form as part of due process is satisfied when decision is grounded upon evidence, and expressed in manner that sufficiently informs parties of factual and legal basis of decision

Finality depends on law. - Generally, they become executory when final and executor.- Final and executory after reglamentary period for filing appeal

has lapsed and no appeal is perfected, or appeal taken and judgment in appellate court final.

Where administrative agency is collegiate body

Acts by body official only when done by members convened in session upon concurrence of majority and with a quorum present.

Power of administrative agencies to modify their decisions Conditions: Reconsideration may be had if -

- No rights have vested in the meantime as reason thereof- Determinations have not passed beyond control of

administrative authorities. Grounds (M FINCS):

- M istake- I nadvertence - S urprise- N ewly discovered evidence- C hanged conditions- F raud of imposition

Res judicata Res judicata – final judgment on merits rendered by court of

competent jurisdiction is CONCLUSIVE as to rights of parties; BARS subsequent action if it involves same demand, claim, or cause of action

Applicable depending upon necessity. As dependent upon type of determination and proceedings –

- Applicable to adjudicative/ quasi-judicial/ judicial actions As affected by statutory provisions –

- Whether and as to what extent an administrative action operates depends on enabling statue

As to administrative decision judicially reviewed – - Attaches to court judgment rather than administrative

decision.

Administrative appeal and review KINDS

- Inheres in relation of admin superior to admin subordinate (determinations made at lower levels of SAME agency)

- Embraced in statute (determinations made by particular officer subject to review by another officer in SAME agency or administrative system)

- Statute making COURT part of admin scheme (trial de novo; powers exercised different from ordinary judicial functions)

- Statute providing that order made by Commission has same force and effect as if made by commission subject to rehearingby full commission

- Statute provdes for an appeal to intermediate-level officer then subsequently to head of department or agency

- Statutes providing for appeal to President

Ana Margarita Mortel ADMINISTRATIVE LAW 19

Action by administrative appellate tribunal Authority ti reverse must be exercised sparingly. Review must not be arbitrary. Review is generally de novo. Reviewing officer must be other than officer whose decision is under

review. Final and executor decisions not subject to review.

Enforcement of administrative determinations Generally

- Enforceable only in manner provided by statute- IF statute has no remedy for enforcement, they are

unenforceable - Legislature may aid enforcement by providing penalty for non-

compliance as well as sanctions to compel obedience. Administrative enforcement

- In the absence of statues, admin authorities may not enforce their own determinations.

- It is within the competence of Congress to impose appropriate obligations and sanctions, enabling admin officers to enforce penalties without invoking judicial powers. In the absence of such, admin officers may not enforce penalties.

- Congress may NOT authorize purely administrative official to determine if crime has been committed and enforce punishment.

- Administrative penalties are civil and remedial and may be imposed by admin agencies.

- Irregularities attending issuances and writs of execution must be referred to tribunal issuing such.

Judicial enforcement.- GENERALLY: Admin agencies have no power to enforce and

such decisions can be enforced ONLY BY THE COURTS. - Collaborative instrumentalities : admin agency may utilize

court to mobilize judicial authorities to carry out policies of statute.

- Court generally does not go into the general fact of the controversy beyond determining whether there is support in the evidence for the findings.

Execution pending appeal - Must be expressly so provided by law, otherwise, decisions

take place onlyw hen they have become final and executor.

CHAPTER 6: JUDICIAL REVIEW

Judicial review Any form of judicial scrutiny of a matter which arises when such action

is brought into question before a court.

Collaboration of courts and admin agencies present issues of relative roles.

Courts accommodate admin process into judicial system, while admin system perform functions beyond capacity of courts.

- If question of law or validity: COURT- If question of fact, policy or discretion: AGENCY

Policy of court is NOT to interfere with actions of government agencies unless there is grave abuse of discretion.

Right to judicial review Power and right of court to grant review sought, and right of person

who invokes power of court Where right granted by statute:

- If appeal is to CA, then admin body is co-equal with RTC and beyond control of latter.

Where right NOT granted by statute:- NO INHERENT RIGHT TO JUDICIAL REVIEW- Where no right is provided, there is always recourse to courts

Where review precluded or restricted by statute:- Those involving political questions- Congress may restrict review to a single court. - Congress may place procedural conditions and restrictions

upon right to review- Where no constitutional right is involved and review is

expressly precluded - Where findings are supported by evidence.

Where review is Constitutional necessity:- Court may still pass upon constitutionality- Congress powerless to nullify Constitutional rights.

Where administrative decision final and executory:- Applies when admin agencies act in judicial and quasi-judicial

capacity - Where applicable:

Final judgment or order Jurisdiction over SM and parties Identity: parties, SM, cause of action

Where declared final and unappealable:- Still subject to judicial review if proven arbitrary.

Want of jurisdiction Want of substantial basis Grave abuse of discretion Violation of due process Denial of substantial justice Fraud Erroneous interpretation of law

Rules governing appeals from judgments of QJ agencies Applicable to: Civil Service Commission, Central Board of Assessment

Appeals, Securities and Exchange Commission, Land Registration Authority, Social Security Commission, Office of the President, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology

Ana Margarita Mortel ADMINISTRATIVE LAW 20

Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, and Construction Industry Arbitration Commission.

CASES NOT COVERED: Judgments or final orders issued under the Labor Code of the Philippines

WHERE TO APPEAL: Court of Appeals - whether the appeal involves questions of fact, of law, or mixed

questions of fact and law. PERIOD OF APPEAL: fifteen (15) days from notice of the award,

judgment, final order or resolution or from the date of its last publication (if publication is required by law for its effectivity), or of the denial of petitioner's motion for new trial or reconsideration filed in accordance with the governing law of the court or agency a quo.

- Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed another period of fifteen (15) days.

HOW APPEAL TAKEN: Filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner.

- Upon filing the petition for review, the petitioner shall pay to the Clerk of Court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon verified motion setting forth the grounds relied upon. If the Court of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial.

CONTENTS OF THE PETITION: The petition for review shall - (a) state the full names of the parties to the case, without

impleading the courts or agencies either as petitioners or respondents

- (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review

- (c) be accompanied by a clearly legible duplicate original or certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record as are referred to therein and other supporting papers

- (d) state all the specific material dates showing that it was filed within the reglementary period provided herein

- (e) contain a sworn certification against forum shopping as required in Revised Circular No. 28-91

EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS: sufficient grounds for the dismissal.

ACTION ON THE PETITION: The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice. The Court, however, may dismiss the petition if it finds the same to be:

- patently without merit- prosecuted manifestly for delay- or that the questions raised therein are too unsubstantial to

require consideration. CONTENTS OF COMMENT: The comment shall be filed within ten (10)

days from notice in seven (7) legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. It shall:

- Point out insufficiencies or inaccuracies in petitioner's statement of facts and issues

- State the reasons why the petition should be denied or dismissed.

DUE COURSE: If upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or upon the expiration of period for the filing thereof, and on the bases of the petition or the record the Court of Appeals finds prima facie that the court or agencies concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same. The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.

TRANSMITTAL OF RECORD: Within fifteen (15) days from notice that the petition has been given due course, the Court of Appeals may re-quire the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of Appeals may require or permit subsequent correction of or addition to the record.

EFFECT OF APPEAL: The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

SUBMISSION FOR DECISION: If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these rules or by the Court itself.

Ana Margarita Mortel ADMINISTRATIVE LAW 21

Administrative Findings and constructions generally conclusive Substantial evidence rule – Court will not disturb findings of admin

agencies so long as they are supported by substantial evidence UNLESS –

- Not supported by substantial evidence- Fraud- Mistake- Illegality- Imposition/collusion- Irregular procedure - Palpable errors - GAD- Manifest arbitrariness/ capriciousness- Gross misappreciation of evidence - Conflict in factual findings

Finality of administrative action for purposes of review Only after facts have been properly determined may the appropriate

judicial power be availed of by the party who feels aggrieved thereby. Threatened or pending action NOT ground for review:

- Jurisdiction still with admin agency. - Admin officer in the exercise of judgment and discretion

reposed upon him by law is not subject to control of courts- Determination by subordinates under instructions by superiors

are subject to review by superiors- Court will not render a decree in advance of agency’s action. - Fear of improper performance is not ground for court

interference.- No injury has been suffered.

Order submitted for approval of superior not final for purposes of review.

Pendency of application for rehearing or recommendation deprives original order of finality.

There has to be invasion of private rights. Purely administrative matter may not be interfered with by courts. Appeal to courts will not lie from an interlocutory order, unless such

order affects merits. Examples of orders falling under this king of determination are:

- Directing investigation/ providing for hearing/ requiring corporations to present data

- Denial of motion to change place of hearing- Denial of application for a stay- Dis/approval of compromise agreement- Denial of application for hearing- Administrative appellate tribunal’s order reversing and

remanding a case to hearing officer- CERTIORARI will lie against admin agencies exercising QJ

functions if due process NOT followed.

Defenses against judicial review Finality

Primary jurisdiction Exhaustion of remedies Ripeness for adjudication

Finality When determination is not final order: EXCEPTIONS:

- Interlocutory- protect rights- violate Constitution- excessive use of power- Relief to preserve status quo pending action by admin agency- Order not reviewable in any other way

Doctrine of primary jurisdiction Concept: preliminary resort; applies only where admin agency

exercises adjudicatory function; guide court in determining whether it should refrain from exercising jurisdiction; applies where claim is originally lodged in courts but enforcement of claim requires resolution of issues placed within competence of administrative body.

Reasons: - Take full advantage of administrative expertness- Attain uniformity in application of regulatory laws

Subsequent resort to judicial action not precluded. Exclusive jurisdiction may be explicit or implicit. Application:

- Where elements of administrative discretion important considerations.

- Where reasons for doctrine inapplicable - Application involves exercise of judicial discretion Issues involve questions of law

Doctrine of exhaustion of administrative remedies Meaning: where remedy within admin agency is available against an

action by admin agency and can still be availed of, relief must first be sought by availing this remedy before elevating it for judicial review.

Purpose: to allow admin agency to carry out its functions and discharge its responsibilities within the specialized areas of its competence before resorting to judicial review

Reasons:- Promote proper relationship between court and admin agency

(COMITY)- Involves policies of:

Orderly procedure Avoidance of interference with admin action Prevention of attempts to swap courts

- Less expensive, speedier disposition - Respect for co-equal offices in government - Presumption of regularity of official acts - No other plain, speedy, adequate remedy available

Application of doctrine Ana Margarita Mortel ADMINISTRATIVE LAW 22

- Where it is pre-requisite to judicial review (furthermore, only those decisions made by admin agencies in their QJ function is subject to exhaustion doctrine)

- Where it affects cause of action: it has been held that failure to exhaust remedies shall affect cause of action and not jurisdiction of court over subject matter.

- Exhaustion must be raised at the earliest time possible, and failure to raise such on time shall constitute a waiver of such defense.

- Only effect is to render action PREMATURE.

EXCEPTIONS- Questions essentially Judicial- Administrative Remedy is Permissive (statute allows it)- Pure question of Law (where admin competence not needed)- C onstitutionality- S mall amount that exhaustion will be costly- Utter disregard for Due Process- No plain speedy Remedy- Strong public Interest- E stoppel- Continued and unreasonable Delay- Irreparable Damage by party- A lter Ego Bears approval of President (qualified political

agency)- No administrative Review is provided- Insistence on exhaustion will lead to Nullification of claim - C ivil action for damages (no other remedy available to him)- L and not part of public domain (and if part of public domain,

those relating to possessory actions)- Special Reasons demanding immediate judicial relief- N o Decision rendered- T ranscendental issues

Exhaustion v. Primary jurisdiction Both concerned with promoting proper relationships between court

and agencyExhaustion Jurisdiction Applies where claim is cognizable in the first instance by admin agency ALONE

Arise when both bodies have jurisdiction to pass on a question

Relates to entire proceeding Usually relates to particular issues in proceeding rather than entire proceedings Suspends entire process pending referral of such issues to the administrative agencies

Exhaustion v. Due Process Difference lies in perspective

Exhaustion Due Process

From perspective of court/ ruling tribunal

From respective of litigating party against whom ruling was made

Doctrine of Ripeness for Judicial Review Determines point at which courts may review administrative action

(like exhaustion) Basic principle: judicial machinery should be conserved for problems

which are real and present or imminent. APPLICATION of DOCTRINE:

- When interests of plaintiff are subjected to or imminently threatened with substantial injury

- When statute is self-executing (mere existence can cause injury)

- Statute or regulation enforceable through criminal prosecution (risk of criminal penalties should not be exacted as price of challenge)

- Debilitating legal uncertainty which may seriously injure private parties.

- Plaintiff is harmed by vagueness of statute. - Where no administrative remedy is available despite action

being informal.

Ripeness v. exhaustionRipeness Exhaustion

Focus Nature of the judicial process Whether party should be required to pursue admin remedy before going to court

Application Rule-making and adjudication Adjudication

Ripeness v. primary jurisdiction Ripeness Primary Jurisdiction

Timing What stage may a party secure judicial review?Initial decision

Should issue be judicially reviewed? Who should make initial decision?

Concurrent jurisdiction

There’s no concurrency to speak of. Arises only when admin and judicial jurisdictions are concurrent

Scope and extent of judicial review Types of agency determinations:

- Determinations of law (fully reviewable)- Determinations of fact (limited to finding existence of

substantial evidence)- Discretionary determinations (reviewable only as to e/n action

was arbitrary or capricious) General frame of power:

- Keep administrator within valid delegating statute + ascertain w/n there is warrant in law and facts for said admin determination

- Court limited to questions of-

Ana Margarita Mortel ADMINISTRATIVE LAW 23

JPLCS

DRIED

DARN

CLRNT

Constitutionality Statutory authority Basic requisites of proof

- Courts CANNOT - answer questions needing exercise of expert

judgment determine w/n action of agency is correct, wise,

advisable etc. grant relief from mere error or honest error in

collateral proceedings inquire into motives for administrative action require agency to decde a controversy ina particular

way

Judicial review not trial de novo

merely an ascertainment of w/n administrative findings are not unconstitutional/ unlawful/ free from fraud or imposition/ reasonably supported by evidence

court cannot weigh conflicting evidence of determine credibility of witnesses or substitute its own judgment fro admin agency’s

Questions of abuse of discretion should be based proof admin authorities had before them and none other.

Admin decisions within their jurisdiction may be set aside only by showing of GAD, fraud, or error of law.

WORKABLE DIAGRAM for DEFENSES IN TIMELINESS

Ana Margarita Mortel ADMINISTRATIVE LAW 24

COURT HOBOARD