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Nachura Notes – Administrative Law (Kiddy)

I. GENERAL PRINCIPLES Administrative Law - Branch of public law which: ƒ Fixes the organization ƒ Determines the competence of administrative authorities ƒ Indicates to the individual remedies for the violation of his rights. Kinds 1. 2. 3. 4.

Statutes Rules, regulations or orders Determinations, decisions and orders Body of doctrines and decisions

Administration 1. as a Function – the execution, in non-judicial matters, of the law or will of the State as expressed by competent authority 2. as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being. Kinds 1. Internal – legal side of public administration 2. External – deals with problems of government regulation Administrative Bodies or Agencies - Organ of government which affects the rights of private parties either through adjudication or rule-making. - Creation 1. constitutional provision 2. legislative enactment 3. authority of law - Criterion ¾ primarily regulatory ¾ on its rule-making authority it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law. - Types 1. offering some gratuity, grant or special privilege 2. carry on certain of the actual business of the government 3. performing some business service for the public 4. regulate business affected with public interest 5. regulate private business and individuals, pursuant to police power 6. adjust individual controversies because of strong social policy involved 7. make the government a private party II. POWER OF ADMINSITRATIVE BODIES

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Nachura Notes – Administrative Law (Kiddy)

Powers of Administrative Bodies 1. Quasi-legislative or rule-making power 2. Quasi-judicial or adjudicatory 3. Determinative Quasi-Legislative Power ¾ Exercise of delegated legislative power ¾ Involves no discretion as to what the law shall be ¾ Fix the details in the execution or enforcement of a policy ¾ Rules and regulations issued by administrative authorities pursuant to powers delegated to them have the force and effect of law o They are binding on all persons subject to them o Courts will take judicial notice ¾ Letters of Instructions and Eos are presidential issuances; one may repeal or alter, modify or amend the other, depending on which comes later. ¾ The function of promulgating rules and regulations may be legitimately exercised only for the purpose of carrying out the provisions of the law into effect. ¾ Administrative regulations cannot extend the law or amend a legislative enactment. ¾ Administrative regulations must be in harmony with the provisions of law. It must not override, but must remain consistent with the law they seek to apply and implement. ¾ Administrative agency has no discretion whether or not to implement a law. Its duty is to enforce the law. ¾ Administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of Government. Kinds of Administrative Rules or Regulations 1. Supplementary or Detailed Legislation ¾ Fix the details in the execution and enforcement of a policy set out in the law. 2. Interpretative Legislation ¾ Construe or interpret the provisions of a statute to be enforced ¾ Binding on all concerned until they are changed ¾ Effect of law and are entitled to respect ¾ Have in their favor presumption of legality ¾ Erroneous application of the law by public officers does not bar subsequent correct application of the law 3. Contingent Legislation ¾ Made on the existence of certain facts or things upon which the enforcement of law depends. Requisites for Validity 1. Issued under authority of law

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Nachura Notes – Administrative Law (Kiddy)

2. Within the scope and purview of the law 3. Reasonable 4. Publication in the OG or in a newspaper of general circulation ¾ Interpretative rules and regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be followed by their subordinates in the performance of their duties may simply be POSTED in CONSPICUOUS PLACES in the AGENCY. ¾ DOLE Department Order and POEA Memorandum Circulars – proper publication + filing in the Office of the National Administrative Register (Article 5 of LC) Administrative Rules with Penal Sanctions (additional requisites) 1. law itself must declare as punishable the violation of the administrative rule or regulation 2. law should define or fix the penalty for the violation of the administrative rule or regulation Necessity for Notice and Hearing ¾ NO constitutional requirement for a hearing: 1. promulgation of a general regulation 2. rule is procedural 3. merely legal opinions 4. substantive rules where the class to be affected is large and the questions to be resolved involve the use of discretion committed to the rule-making body ¾ Hearing Requirement: 1. subordinate legislation, designed to implement a law by providing details 2. substantially adds to or increase the burden of those concerned 3. exercise of quasi-legislative authority Function of Prescribing Rates by an Administrative Agency may either be: ¾ Legislative Function: prior notice and hearing is not a requirement ƒ Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country, they may partake of a legislative character ¾ Adjudicative Function: prior notice and hearing are essential to the validity ƒ Where the rules and rates are meant to apply exclusively to a particular party, then its function is quasi-judicial in character •

Where hearing is indispensable, it does not preclude the Board from ordering, exparte, a provisional increase subject to its final disposition of whether or not to make it permanent, to reduce or increase it further or to deny the application. (Maceda vs. Energy Regulatory Board)

Determinative Powers

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Nachura Notes – Administrative Law (Kiddy)

1. Directing ƒ Power of assessment of BIR and Customs 2. Enabling ƒ Permit or to allow something which the law undertakes to regulate 3. Dispensing ƒ To exempt from a general prohibition OR ƒ Relieve individual or corporation from an affirmative duty 4. Examining ƒ Investigatory power 1. production of books, papers, etc. 2. attendance of witnesses 3. compelling their testimony ƒ Power to compel attendance of witnesses not inherent in administrative body ƒ But an administrative officer authorized to take testimony or evidence is deemed authorized to administer oath, summon witnesses, require production of documents, etc. ƒ Power to punish contempt must be expressly granted to the administrative body; when granted, may be exercised only when administrative body is actually performing quasi-judicial functions 5. Summary ƒ Power to apply compulsion or force against persons or property to effectuate a legal purpose without a judicial warrant to authorize such action Quasi-Judicial or Adjudicatory Powers - Proceedings partake of the character of judicial proceedings - Administrative due process 1. right to hearing 2. tribunal must consider evidence presented 3. decision must have something to support itself 4. evidence must be substantial 5. decision must be based on the evidence adduced at the hearing or at least contained in the record and disclosed to the parties 6. the Board or Judges must act on its or independence consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision 7. decision must be rendered in such a manner that the parties to the controversy can know the various issues involved and the reasons for the decision rendered - In forfeiture proceeding, where the owner of the allegedly prohibited article is known, mere posting of the notice of hearing in the Bulletin Board does not constitute compliance. - Due process demands that the person be duly informed of the charges against him. He cannot be convicted of an offense with which he was not charged.

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Nachura Notes – Administrative Law (Kiddy)

¾ Party be afforded reasonable opportunity to be heard and to submit any evidence he may have in support of the defense. ¾ In administrative proceedings, it means the opportunity yto explain one’s side or opportunity to seek a reconsideration of the action or ruling complained of; a formal or trial-type hearing is not, at all times, necessary. ¾ Requirement of notice and hearing in termination cases does not connote full adversarial proceedings, as actual adversarial proceedings become necessary only for clarification or when there is a need to propound searching questions to witnesses who give vague testimonies. ƒ Procedural right which employee must ask for since it is not an inherent right. ƒ Summary proceedings may be conducted Administrative due process dies not necessarily require the assistance of counsel. In a request for extradition, the prospective extradite does not face a clear and present danger of loss of property or employment, but of liberty itself. ¾ He is entitled to the minimum requirements of notice and opportunity to be heard. The standard of due process that must be met in administrative tribunals allows a certain latitude as long as the element of fairness is not ignored; even in the absence of previous notice, there is no denial of due process as long as the parties are given the opportunity to be heard. Administrative due process: 1. opportunity to be heard 2. opportunity to seek reconsideration 3. opportunity to explain one’s side Substantial evidence: such relevant evidence as a reasonable mind might accept as adequate to support a conclusion which is the quantum of proof necessary to prove a change in an administrative case “To be heard” does not mean only verbal agreements in court, one may also be heard through pleadings.

Administrative Determinations where Notice and Hearing are NOT necessary for due process 1. grant of provisional authority for increased rates or to engage in a particular line of business 2. summary proceedings of distraint and levy upon the property of a delinquent taxpayer 3. cancellation of passport, no abuse of discretion 4. summary abatement of a nuisance per se which affects the immediate safety of persons/property 5. preventive suspension of a public officer/employee pending investigation of administrative charges Right Against Self-Incrimination

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Nachura Notes – Administrative Law (Kiddy)

Administrative charge of unexplained wealth which may result in forfeiture of the property Medical practitioner where proceeding could possibly result in the loss of his privilege to practice medicine Right may be invoked at the time he is called as a witness If he voluntarily takes the witness stand, he can be cross-examined, but he may still invoke the right at the time the question which calls for an answer which incriminates him of an offense other than that which is charged is asked.

Power to Punish Contempt is Inherently Judicial 1. conferred by law and 2. administrative body is engaged in performance of its quasijudicial powers Administrative Decisions not Part of the Legal System ¾ no vested right ¾ could not place government in estoppel Administrative Appeal and Review 1. higher or superior administrative body 2. President/ Department Secretaries by virtue of the power of Control 3. appellate administrative agency Doctrine of res judicata ¾ Decisions and orders of administrative agencies have upon their finality, the force and effect of a final judgment within the purview of the doctrine of res judicata. ¾ Conclusive upon the rights of the affected parties as though the same had been rendered by a court of general jurisdiction. ¾ Forbids the reopening of a matter once determined by competent authority acting within their exclusive jurisdiction. ¾ Applies to adversary administrative proceeding ¾ Does NOT apply in administrative adjudication relative to citizenship ƒ Exception: Zita Ngo Burca vs. Republic 1. question of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a full-blown hearing 2. active participation of the SolGen 3. finding made by the administrative body on the citizenship issue is affirmed by the SC -

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LLDA: regulatory and quasi-judicial power in respect to pollution cases and matters affecting the construction of illegal fishpens, fish cages and other aquastructures in Laguna de Bay; may issue cease and desist orders DECS Regional Director: return to work order; administrative charges; constitute an investigating panel

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Nachura Notes – Administrative Law (Kiddy)

Housing and Land Use Regulatory Board (HLURB): unsound real estate business practices Department of Energy: electric power Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners association III. EXHAUSTION OF ADMINISTRATIVE REMEDIES

Doctrine - Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted. Reasons 1. if relief is first sought from a superior administrative agency, resort to courts may be unnecessary 2. administrative agency should be given a chance to correct its error 3. principles of comity and convenience 4. judicial review of administrative decisions is usually made through special civil actins, which will not normally prosper if there is another plain, speedy and adequate remedy in the ordinary course of law ¾ Only decision of administrative agencies made in the exercise of QUASIJUDICIAL and ADJUDICATORY POWERS are subject to the rule on exhaustion. ƒ Constitutionality/validity of a rule or regulation in the performance of quasi-legislative function Æ regular courts have jurisdiction Corollary Principle 1. Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction ¾ No Where there is competence or jurisdiction vested upon an administrative body to act upon a matter, no resort to the courts may be made before such administrative body shall have acted upon the matter. ¾ Conversion of subdivision lots Æ HLURB ¾ Enforcement of forestry laws Æ DENR ¾ Issuing license to radio stations Æ NTC ¾ Disputes arising from construction contracts Æ Construction Industry Arbitrary Commission ¾ Agricultural lands under the coverage of CARP Æ DAR ¾ Effluents of a particular industrial establishment Æ Pollution Adjudication Board 2. Doctrine of Finality of Administrative Action ¾ No resort to the courts will be allowed unless the administrative action has been completed and there is nothing left to be done in the administrative structure.

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Nachura Notes – Administrative Law (Kiddy)

¾ A party aggrieved must not only initiate the prescribed administrative proceeding, but must pursue it to its appropriate conclusion before seeking judicial intervention. Effect of Failure to Exhaust Administrative Remedies - Jurisdiction of court is NOT affected - Complainant is deprived of a CAUSE OF ACTION which is a ground for MTD - If no MTD is filed, deemed a waiver Exceptions 1. Doctrine of Qualified Political Agency (alter ego doctrine) 2. Administrative remedy is fruitless 3. Estoppel on the part of the Administrative Agency 4. Issue involved is purely a legal question 5. Administrative action is patently illegal 6. Unreasonable delay or official inaction 7. Irreparable injury or threat, unless judicial recourse is immediately made 8. Land cases, where subject matter is private land 9. Law does not make exhaustion a condition precedent to judicial recourse 10. Observance of the doctrine will result in the nullification of the claim 11. Special reasons or circumstances demanding immediate court action 12. Due process of law is clearly violated 13. Rules does not provide a plain, speedy and adequate remedy IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS Rule ¾ Judicial review may be granted or withheld as Congress chooses ¾ Except: when Constitution requires or allows it ¾ Judicial review of administrative decisions cannot be denied the courts when there is an allegation of grave abuse of discretion. Bases for Judicial Review ¾ Unless otherwise provided by this Constitution or by law ¾ Any decision, order or ruling of each Commission may be brought to the SC on certiorari ¾ w/in 30 days from receipt of a copy General Principles ¾ underlying power in the Courts to scrutinize the acts of administrative agencies on questions of law and jurisdiction although no right of review is given by statute. ¾ Keep administrative agencies within its jurisdiction. ¾ Protect substantial rights of parties affected by the decisions. ¾ Part of system of checks and balances which restricts the separation of power and forestalls arbitrary and unjust adjudication.

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Nachura Notes – Administrative Law (Kiddy)

Methods of Obtaining Judicial Review 1. Statutory or Non-Statutory ¾ Statutory – available pursuant to statutory provision ¾ Non-statutory – no express statute granting review, relief is obtained by means of: 1. common law remedies 2. prerogative writs of certiorari 3. mandamus 4. HC 5. prohibition 6. quo warranto ¾ if statutory methods for judicial review are available, they are ordinarily exclusive and the use of non-statutory methods will not likely be permitted. 2. Direct or Collateral ¾ Direct – attempt to question in subsequent proceedings the administrative action for lack of jurisdiction, grave abuse of discretion, etc. (attack on citizenship of an individual) ¾ Collateral – relief from administrative action sought in a proceeding the primary purpose of which is some relief other than the setting aside of the judgment, although an attack on the judgment may be incidentally involved. What Court has Jurisdiction ¾ CA have appellate jurisdiction over judgments or final orders of the CTA and from awards, judgments, final orders or resolutions of or authorized by any quasijudicial agency in the exercise of its quasi-judicial functions. ¾ Administrative bodies, co-equal with RTC on terms of rank and stature and beyond the control of the latter. ¾ Doctrine of Non-Interference by TCs with co-equal administrative bodies is intended to ensure judicial stability. ¾ Reviewed by RTC Æ Bureau of Immigration, Court martial, LLDA Questions which may be subject of judicial review 1. Question of Law 2. Question of Fact ¾ Factual findings of administrative agencies are generally conclusive upon the courts if supported by substantial evidence, EXCEPT 1. expressly allowed by statute 2. fraud, imposition or mistake other than error of judgment 3. error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties 3. Mixed Question of Law and Fact (Brandeis Doctrine of Assimilation of Facts)

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Nachura Notes – Administrative Law (Kiddy)

¾ What purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide the legal question, examine the entire record including the evidence. Guidelines for the exercise of the power ¾ Findings of fact are respected as long as they are supported by substantial evidence, even if not overwhelming or preponderant. ¾ Findings of administrative officials and agencies who have acquired expertise are generally accorded not only respect but at all times even finality. ¾ Principle that factual findings of administrative bodies are binding upon the Court may be sustained only when no issue of credibility is raised. ¾ It is not for the reviewing court to weigh the conflicting evidence, determine credibility of witnesses or otherwise substitute its judgment for that of the administrative agency on the sufficiency of evidence. ¾ Administrative decision in matters with the executive jurisdiction can only be set aside on proof of 1. grave abuse of discretion 2. fraud 3. collusion 4. error of law ¾ Courts will not generally interfere with purely administrative matters unless there is clear showing of arbitrary, capricious or grave abuse of discretion amounting to lack of jurisdiction. Judicial Review is not trial de novo ¾ It is merely an ascertainment of whether the findings of the administrative agency are consistent with law, free from fraud or imposition and supported by evidence.

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