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1 GENERAL CONSIDERATIONS Administrative Law Definition:  by Dean Roscoe Pound “that branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community… “… as under laws regulating public interest, professions, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience.” Sources: (1) Constitutional and statutory enactments creating administrative bodies  ART IX Const.; Social Security Act; Admin. Code (EO 292); (2) Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations.  Aratuc v. COMELEC  Maceda v. ERB (3) Rules and regulations in pursuance of the purposes for which the administrative bodies were created. (4) Determinations and orders of the administrative bodies in settlement of controversies arising in their respective fields. Define Administration: As an institution, it refers to the aggregate of individuals in whose hands the reins of government are for the time being As an institution v. government  the latter is the agency/ instrumentality through which the will of the State is formulated, expressed and realized.  Administration mans the government As a function, it means the actual running of the government by the executive authorities through the enforcement of laws and the implementation of policies As an internal activity, covers those rules defining the relations of public functionaries inter se (among themselves)  law on public officers As an external activity, defines the relations of the public office with the public in general Separation of Powers:  The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of matters within its jurisdiction, and is supreme within its own sphere. But it does not follow from the fact that the three powers are to be kept separate and distinct that the Constitution intended them to be absolutely unrestrained and independent of each other. The Constitution has provided for an elaborate system of checks and balances to secure coordination in the workings of the various departments of the government … And the judiciary in turn, with the Supreme Court as the final arbiter, effectively checks the other department in its exercise of its power to determine the law, and hence to declare executive and legislative acts void if violative of the Constitution (Angara v. Electoral Commission) Delegation:  The Congress delegates the so called “power of

subordinate legislation” to administrative bodies. Due to the growing complexity of modern society, it has become necessary to allow specialized administrative bodies to promulgate supplementary rules, so that they can deal with technical problems with more expertise and dispatch than the Congress or the courts. Regulations or supplementary rules passed by the administrative bodies are intended to fillin the gaps and provide details to what is otherwise a broad statute passed by Congress. For the rules and regulations to be valid and binding, they must be in accordance with the statute on which they are based, complete in themselves, and fix sufficient standards. If any of the requirements is not satisfied, the regulation will not be allowed to affect private rights;

2 ADMINISTRATIVE AGENCIES Define Agency: EO 292 Book VII Ch. 1 Sec. 2(1). “any department, bureau, office, commission, authority or officer of the National Government authorized by law or EO to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions WRT licensing functions; government corps. WRT functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary power as provided by law.” MALAGA V. PENACHOS The SC explained: “government instrumentality refers to any agency of the National Government not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter.” Also: “chartered institution refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives.” According to SC: Agency  any of the various units of the Government, including a department, bureau, office, instrumentality, or GOCC, or a local government or a distinct unit therein. Department  executive department created by law Bureau  any principal subdivision of any department Office  any major functional unit of a department/bureau, integrated within the framework of government organization, including regional offices; may also refer to any position held/ occupied by individual persons, whose functions are defined by law/regulation Instrumentality  *Malaga v. Penachos*; includes regulatory agencies, chartered institutions, and GOCCs Definition of GOCCs: any agency organized as a stock/nonstock corporation, vested with functions relating to public needs whether governmental/proprietary in nature, and owned by the Government of the Republic of the PH directly/ through its instrumentalities either wholly or, where applicable as in the case of stock corporations, to the extent of at least majority of its outstanding capital stock; Provided that, for purposes of this Act, the term “GOCC” shall include GICP (Government Instrumentalities with Corporate Powers) / GCE (Government Corporate Entities) and GFI (Government Financial Institutions) GFIs  GICP / GCE  1

Doctrine of Qualified Political Agency: power of the President to reorganize the National Government may validly be delegated to his cabinet members exercising control over a particular executive department. Types of administrative bodies are those set up: (1) To offer some gratuity, grant or special privileges (e.g. Phil. Veterans Admin.) (2) To carry on certain the actual business of government (BOCustoms) (3) To perform some business service for the public (BOPosts) (4) To regulate business affected with public interest (LTFRB) (5) To regulate private business and individuals under the police power (SEC) (6) To adjust individual controversies because of some strong social policy involved (NLRC) (7) To make the government a private party (GSIS) Administrative Relationships: (1) SUPERVISION AND CONTROL  shall not apply to chartered institutions attached to a Department. (2) ADMINISTRATIVE SUPERVISION  agency is free from Departmental interference with respect to appointments and other personnel actions “in accordance with the decentralization of personnel functions” under the Admin. Code. (3) ATTACHMENT  lateral relationship between the department or its equivalent and the attached agency or corporation for the purposes of policy and program coordination. PADS Lacson-Magallanes Beja Sr.

3 POWERS OF ADMINISTRATIVE AGENCIES

of the delegate’s authority, announce the legislative policy, and specify the conditions under which it is to be implemented.  accepted sufficient standards: “public interest”, “simplicity, economy and efficiency”, and “public welfare” Delegation valid when:  it is complete in itself, setting forth the policy to be executed, carried out or implemented by the delegate; and  it fixes a standard – the limits of which are sufficiently determinate or determinable – to which the delegate must conform in the performance of his functions.

4 QUASI-LEGISLATIVE POWER What is quasi-legislative power? Kinds of Administrative Rules Legislative Interpretative Misamis Oriental Case Cruz v. Youngberg Republic v. Drugmakers Requisites for Valid Administrative Rule Requisites in case of Administrative Rules with Penal Sanctions People v. Macaren Romulo Mabanta v. HDMF De Jesus v. COA (internal regulation) Olsen v. Aldanese Phil. Consumers’ Foundation v. Sec. of Educ Landbank v. CA CIR v. CA (Fortune Tobacco) Lupangco v. CA

Quasi-legislative power Limitation on quasi-legislative power Rabor v. CSC Eugenio v. CSC Lianga Bay

5 QUASI-JUDICIAL POWER Definition of Quasi-Judicial Power Determinative Powers of Quasi-Judicial Power (Implied & Express Powers)

Quasi-judicial power  power of the administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found

Requisites of Judicial Power

Determinative Powers  ENABLING POWERS  those permitted

Jurisdiction conferred by legislature pursuant to the law creating the agency

Test for valid delegation

Power to promulgate rules of procedure; express/implied?

COMPLETENESS TEST the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce.  if there are gaps in the law that will prevent its enforcement until they are first filled, the delegate will have the opportunity to repair the omission

Say, administrative agency vested with quasi-judicial power; says in law, with power to resolve disputes between parties (e.g. re: phone bill); can agency promulgate rules of procedure even if impliedly?

SUFFICIENT STANDARD TEST the law must offer a sufficient standard to specify the limits

Jurisdiction

Doctrine of Implication ACUZAR V. JOROLAN (APRIL 7, 2010) Respondent filed an administrative case against petitioner before the Peoples Law Enforcement Board (PLEB) for Grave 2

Misconduct for allegedly having an illicit relationship with respondent’s minor daughter. Petitioner claims the under the PLEB Rules of Procedure, prior conviction was required before the PLEB may act on the administrative case considering that the charge was actually for violation of law (although denominated as grave misconduct).

GR: Administrative Tribunals are unrestricted by the technical/formal rules of procedure which govern trials before a court  especially where the administrative order has the effect of only prima facie evidence  this rule is applied to questions of evidence, pleading and other matters

RTC annulled the decision of the PLEB. The CA reversed ruling holding that the petition for certiorari filed by petitioner before the RTC was not the proper remedy because appeal was available and the issues raised were not pure questions of law.

ANG TIBAY V. THE COURT OF INDUSTRIAL RELATIONS FEBRUARY 27, 1940

Held: The CA decision is affirmed.

(1) RIGHT TO A HEARING which includes the right of a party interested to present his own case and submit evidence in support thereof.

The charge was grave misconduct (not a violation of law). Definition: Misconduct  wrongful, improper, or unlawful conduct, motivated by premeditated, obstinate or intentional purpose. It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention, but implies wrongful intention and not a mere error of judgment. Criminal and administrative cases are separate and distinct from each other. In criminal cases, proof beyond reasonable doubt is needed whereas in administrative cases, only substantial evidence is required. Administrative cases may proceed independently of criminal proceedings. The PLEB, being the administrative disciplinary body tasked to hear complaints against erring members of the PNP, has jurisdiction over the case. Paterok v. BOC Is it always necessary that parties should be notified at the outset? Even without notice, as long as pwede MR, there is due process Dela Cruz v. Abille Mendoza v. COA Substantial Evidence; need not be totally compliant with rules on evidence? Ombudsman v. Valencia Adamson v. Amores Which among the cardinal rules was not followed in Globe v. NTC? Carbonell v. CSC Why is right to counsel not imperative? A person can invoke his right against self-incrimination in all administrative proceedings? Pascual case A person cannot invoke right to counsel but can invoke right against self-incrimination; why? Rules of Procedure The Subpoena Power The Contempt Power Notice and Hearing Administrative Due Process

The Cardinal Rights or Principles to be observed in administrative proceedings:

(2) THE TRIBUNAL MUST CONSIDER THE EVIDENCE PRESENTED. (3) While the duty to deliberate does not impose the obligation to decide right, it does imply the necessity of HAVING SOMETHING TO SUPPORT ITS DECISION.  Principle: A decision with absolutely nothing to support it is a nullity  Principle: The genius of constitutional gov’t is contrary to the vesting of unlimited power anywhere. Law is both a grant and limitation on power. (4) THE EVIDENCE TO SUPPORT THE FINDING/ CONCLUSION MUST BE SUBSTANTIAL  Definition: “Substantial Evidence” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. (5) THE DECISION MUST BE RENDERED ON THE EVIDENCE PRESENTED AT THE HEARING, or at least contained in the record and disclosed to the parties affected.  Boards of inquiry may be appointed for the purpose of investigating and determining the facts in any given case, but their report and decision are only advisory. (6) The Court of Industrial Relations (CIR) or any of its judges, therefore, MUST ACT ON ITS/HIS OWN INDEPENDENT CONSIDERATION OF THE LAW AND FACTS OF THE CONTROVERSY, and not simply accept the views of a subordinate in arriving at a decision. (7) The CIR should, in all controversial questions, RENDER ITS DECISION IN SUCH A MANNER THAT THE PARTIES TO THE PROCEEDING CAN KNOW THE VARIOUS ISSUES INVOLVED, AND THE REASONS FOR THE DECISION RENDERED. In GSIS v. CA 357 Phil 511 (1998), the SC added the requirement of AN IMPARTIAL TRIBUNAL which, needless to say, dictates that one called upon to resolve a dispute may not sit as judge and jury simultaneously; neither may he review his decision on appeal. Administrative Appeals and Review Enforcement of Decision Res Judicata Applicable only to adjudicatory decisions? NHA case v. Ysmael case (finality of case) Encinas case

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What made the SC rule that the complaint does not constitute an adjudication; thus, there is no forum shopping because there is no res judicata between the two? Why was the proceeding of the BFP

6 JUDICIAL REVIEW Doctrine of Judicial Review under Admin law (p 220) Courts can no longer review questions of fact, as a rule; why? Questions of law v. Questions of fact How do you determine? When can courts review questions of fact? (p 301) GR: Questions of fact; not reviewable by courts; why? (p300) Doctrine of Primary Jurisdiction Why? (p 300 235) IEI v. CA Pimentel Shell Crusaders

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