2014 to 2016, 2017, 2018, 2019 and 2020 Cases

Administrative Law and

Administrative Agencies

Alberto C. Agra
Ateneo Law School
August 15, 2020
 Administrative Law
o Definition: All the laws and policies that regulate
or control the administrative organization and
operations of the government through
administrative agencies (AAs)
o Classifications:
1. Internal and External Administration
2. Law that Controls (Charter) and those issued by
Administrative Agencies (Rules)
3. Substantive and Procedural Administrative Law
4. General and Special Administrative Law
5. Geographical and Functional Jurisdiction
Administrative Law Reviewer, Agra 2
 Administrative Agencies (AAs)
o An agency which exercises some significant form
or combination of executive, legislative or judicial
powers (“4th Branch”)
o All AAs are Public Offices
o AAs are “Delegates”
o Include boards, commissions, departments,
bureaus, offices, authorities, government
corporations, government instrumentalities, and
local governments
o Rationale: complex, diverse and specialized
concerns
Administrative Law Reviewer, Agra 3
 Administrative Agencies (AAs)

“4th Branch” Public Offices Legal Persons

Delegates/
Fusion of
Agents/ Duty-Bearers
Powers
Subordinates

4
 Creation of AAs
o Constitution
o Congress (Special Law-Chartered; GOCCs -
economically viable and common good; LGUs – law
then plebiscite)
o President (Executive Order; by authority under the
Constitution or of law)
o Supreme Court (classifies; confirms; invalidates)
o AAs themselves (Articles of Incorporation and By-
Laws; by authority of law; non-chartered)
o Local Governments (Ordinance; by authority of law)
Administrative Law Reviewer, Agra 5
 Creation of AAs
Creating Enabling Examples
Authority Instrument
Constitution/ Constitution Commission on
Voters Elections
Congress Special Law Social Security System
President Executive Order Presidential Anti-
Corruption Commission
Administrative AIBL PNOC-Renewables
Agencies Corporation
Local Governments Ordinance; AIBL Cebu Property
Ventures Dev’t Corp.

Administrative Law Reviewer, Agra 6

 Charter: Enabling Instrument
1. Name 7. Jurisdiction
2. Principles (can provide
3. Mandate/ Purpose exclusions)
4. Powers 8. Structure
5. Duties and 9. Budget
Responsibilities 10. Dissolution
6. Relationships
Administrative Law Reviewer, Agra 7
 Characteristics of AAs
1. Size 6. Delegated
2. Specialization/ Authorities
Functions 7. Accountability
3. Territory 8. Relationships
4. Responsibility for 9. Capitalization/
Results Funding (Stocks,
5. Administrative Duties if any)
Administrative Law Reviewer, Agra 8
 AA Categories
Creation Functional
o Constitution o Offers gratuities, grants or
o Congress privileges
o Executive o Performs specific
o AA themselves governmental functions
o Undertakes public service
Geographical
o Regulates businesses affected
o National: NGAs with public interest
o Local: LGUs o Exercises police power to
Capital Structure regulate private businesses
o GOCC o Resolves controversies
o GI 9
 Government Bureaucracy
o Administrative Agency/ o State Universities and
Government Agency Colleges
o Government-Owned and - o Public Corporation
Controlled Corporation o Public Office
o special charter/ parent o National Government
o non-chartered under Agency
Corporation Code/ o Quasi-Corporation
subsidiary o Quasi-Public Corporation
o Government o Municipal Corporation
Instrumentality with Proper/ Local Government
Corporate Powers Unit
o Government Financial o Quasi-Municipal
Institution Corporation
Administrative Law Reviewer, Agra 10
 GOCC vs. GICP
GOCC GICP
1. Organized as stock or non- 1. Neither stock nor non-stock
stock corporation 2. Not a corporation
2. Created by law or under 3. Created by law only (not under
Corporation Code Corporation Code)
3. Public character of its 4. Agency of the national government
function 5. Not integrated within the department
4. Government directly or framework
indirectly owns or controls 6. Vested with special functions or
at least a majority or 51% jurisdiction by law
share of the capital stock 7. Endowed with some if not all
corporate powers
5. Created for common good
8. Administering special funds
and must be economically
viable 9. Enjoying operational autonomy
10. Need not be economically viable
Administrative Law Reviewer, Agra 11
 GOCC vs. GI
GOCC GI
Created by Special Law ✔ ✔
Created under Corp Code ✔ ✗
Governmental Function ✔ ✔
Common Good ✔ ✔
Economic Viability ✔ ✗
Corporate Powers ✔ ✔
Stocks divided into Shares ✔ ✗
Non-Stock ✔ ✗
Administrative Law Reviewer, Agra 12
 Recent Jurisprudence
Entity Characterization
Manila Int’l Airport Created under an Executive Order
Authority GI; not a GOCC since neither stock nor non-stock
Manila Economic Created under Corporation Code as non-stock corporation
and Cultural Office Not a GOCC (not owned by Government); Not a GI (since incorporated
under Corporation Code)
Sui Generis
Funds subject to COA
Boy Scouts of the Created as corporation under Special Law (Commonwealth Act)
Philippines Juridical person under Civil Code (other corporations with public purpose)
Public function - vital role of the youth
GOCC and GI – attached agency; need not meet twin test (economic
viability and control/ ownership test) - Sui Generis
Veterans Federation Created under RA 2640 and registered with the SEC
of the Philippines “Public corporation” per Charter; Adjunct of government; Classified as
GOCC to be privatized
Sovereign function; Control and supervision of DND; DBM can in the future
allocate funds
Administrative Law Reviewer, Agra 13
 Recent Jurisprudence
Entity Characterization
Philippine Fisheries Created under PD 977 as amended by EO 772
Development Authority GI; not a GOCC (has capital stock, but not divided into shares)
Leyte Metropolitan Created pursuant to PD 198
Water District GOCC with an original charter (since not under Corporation Code,
not a private corporation)
Quasi-Public under Charter
Philippine Economic Zone GI since not integrated within the department framework but is an
Authority agency attached to the DTI
Philippine Reclamation Incorporated GI
Authority Not a GOCC since not a stock nor a non-stock corporation; has capital
stock but not divided into shares
Not a GOCC since while established for common good, it need not
meet test of economic viability nor compete in market place
Metropolitan GI under Executive (EO 596-2006) and Legislative (GCG Law)
Waterworks and By its nature, it is a GOCC (stock corporation; meets common good
Sewerage System and economic viability tests)

Administrative Law Reviewer, Agra 14

 Recent Jurisprudence
Entity Characterization
Bases Conversion Not stock: Capitol stock not divided into shares
Development Authority Not non-stock: not organized under list purposes under Corp. Code
As GI, exempt from paying legal or docket fees
Corregidor Foundation Non-stock corporation organized under Corporation Code
Has public interest, to maintain and preserve the war relics
Government has substantial participation in the selection of governing
board; has control over Foundation
GOCC
Under COA Audit
University of the GI under its Charter
Philippines Tax exemption pertains to assets owned by UP (not extend to assets owned
by lessee of UP land)
Philippine International Incorporated under PD 520; sole stockholder is Bangko Sentral ng Pilipinas
Convention Center Non-Chartered GOCC, subsidiary of BSP
Subject to COA
Philippine National GOCC under supervision of President
Construction Corporation Subject to COA

Administrative Law Reviewer, Agra 15

 Summary
AA Create Function Structure Gov’t Class Effect
MIAA EO Airport ✗ Stocks Owned GI ✗ RPT
MECO SEC/CC Trade, Fees Non-stock ✗ owned ✗ GOCC/ ✗ COA
GI
BSP Law Youth Attached GOCC/ GI COA
VFP Law/ SEC Veterans Adjunct (PC/ GOCC) DND
PFDA PD Fisheries ✗ Stocks GI ✗ RPT
WD PD Water GOCC COA
PEZA Law Eco. Zones Attached GI DTI
PRA PD Reclamation ✗ Stocks Control Inc. GI ✗ RPT/ ✗ Y
MWSS PD Water Stocks (GOCC)/ GI ✗ RPT/ Y
BCDA Law Bases ✗ Stocks GI ✗ Docket
Corr. SEC/ CC Relics Non-stock Control GOCC COA
UP Law Education GI ✗ RPT
PICC PD/ CC Convention Stocks Subsidiary GOCC COA/ BSP
PNCC CC Construction Administrative
Stocks Supervise
Law Reviewer, Agra GOCC COA16
 Rules
1. All AAs are POs, not all POs are AAs (e.g. Congress, Courts)
2. All AAs are GAs, All GAs are AAs (under GCG Act)
3. All PCs are AAs, not all AAs are not PCs (e.g. Departments,
GIs and Commissions)
4. GOCCs are Corporations, GIs are not; GOCCs cannot be GIs
(except BSP)
5. GOCCs, not GIs, must meet twin constitutional test of
common good and economic viability
6. There are chartered (special law) and non-chartered
GOCCs (Corporation Code)
Administrative Law Reviewer, Agra 17
 Rules
7. All Quasi-Corporations are GOCCs, All GOCCs are Quasi-
Corporations; GIs are not QCs since they are not
corporations
8. GOCC-GI distinction matters:
a. Local taxation (GIs exempt – PFDA, MIAA, PRA, MWSS,
UP)
b. Legal/ docket fees (GIs exempt – BCDA)
c. COA jurisdiction (subject to COA – BSP, WD, MECO,
Corregidor, PICC, PNCC)
d. Relationship either attachment, control or supervision
(VFP – control and supervision; and BSP, PRA, PEZA –
attached; PNCC – supervision; Corregidor - control)

Administrative Law Reviewer, Agra 18

 Administrative Relationship
o Areas: policies, operations, budget, decisions, day-to-day,
policy and program coordination
o Types:
1. Independent/ Autonomous (e.g. Constitutional
Commissions)
2. Supervision and Control (substitute judgment; rules on how
to execute act; alter-ego; e.g. President and DOTr, PRA;
Mayor over Department Heads)
3. Administrative Supervision (oversight, reports, proper
performance; not over appointments and contracts, not
reverse decisions; discipline; e.g. Department and
Regulatory Agencies; Province over Component City/
Municipality)
4. Attachment (may sit in Board; reporting; not day-to-day;
e.g. DENR and LLDA; DOF and SSS)
Administrative Law Reviewer, Agra 19
 Administrative Relationship
COA
o Change decision CSC
o Preside over COMELEC
o Modify choices
Board Ombudsman
o Overrule President o 1 vote in Board ERC
o Clip discretion over LGUs o Require reports
o Discipline

Control Supervision Attachment Autonomous

o Oversee and
President over monitor
IATF/ NGAs/ NGAs in o Functional
o Declare acts GOCC/ GI
Some GOCCs- illegal o Fiscal
GIs Boards
o Cannot change
choices
20
o Discipline
 Conflict-Resolution
1st Party 2nd Party Outcome
President NGAs, IATF President (since control)
NGA Heads Bureaus NGA Heads (since control)
NGAs GOCC/GI if attachment: Majority Vote of Board
OP/ NGAs GOCC/GI if control: OP/ NGAs
OP/ NGAs LGUs* NGA Defined Area: NGA (“enhanced
supervision”)
OP/ NGAs LGUs* Undefined Area: LGU (cooperate)
Higher LGU Lower LGU Higher LGU can declare illegal
GOCC/ GI GOCC/ GI Higher resolves/ what law provides

* = Under Bayanihan Act 21

 Power of “Higher” over “Lower” to Control Supervision Attachment
Substitute judgment ✔ ✗ ✗
Overrule discretionary acts ✔ ✗ ✗
Change wisdom-based decision ✔ ✗ ✗
Impose rules on how to act ✔ ✗ ✗
Revise policy/ rules ✔ ✗ ✗
Discipline ✔ ✔ ✗
Declare acts illegal/ ultra vires ✔ ✔ ✗
Declare acts improper/ arbitrary ✔ ✗ ✗
Declare acts prejudicial to public welfare ✔ ✗ ✗
Review contracts on legal matters ✔ ✔ ✗
Require periodic reports ✔ ✔ ✔
Oversee to ensure actions legal ✔ ✔ ✗
Vote and Membership in Board ✔ ✗ ✔
Veto/ disapprove decisions of Boards ✔ ✗ ✗
Participate in day-to-day operations ✔ ✗ ✗
Administrative Law Reviewer, Agra 22
 Powers
o AAs possess Delegated, not Inherent, Powers
o Subordinate, not Superior to/ above Enabling
Instrument/ Charter, Laws (set boundaries/ limit
powers/ define jurisdiction/ provide exclusions)
o In general, liberal, not strict, interpretation of powers
o AAs cannot prohibit what law does not prohibit (unless
LGU)
o Basic Powers
1. Investigative
2. Rule-Making or Quasi-Legislative
3. Adjudicative or Quasi-Judicial
Administrative Law Reviewer, Agra 23
 Powers

Delegated (no Subordinate

inherent) Legislation

Mandate- Liberal
Driven Interpretation
24
 Exercise of Powers

Ministerial (duty Discretionary

to do a particular thing in a (decide or act according to
particular way) one’s judgment)

Mandatory
(requirements must be Directory
followed and non- (non-compliance with
observance is not requirement is excusable)
excusable)
25
Must be Expressed in Enabling Law
General: Quasi-Legislation:
1. “What” law is 8. Contingent Rule
2. Relationship 9. Penal Rule
3. Prohibitory Powers Quasi-Judicial:
4. Jurisdiction 10.Quasi-Judicial
Investigation: 11.Enforcement of
5. Contempt Decisions
6. Subpoena 12.Resolve ?s of law
7. Search and Seizure
Administrative Law Reviewer, Agra 26
 Even under Extraordinary Times
Administrative Agencies cannot:
o Violate the Constitution and laws (since
they are delegates)
o Enact laws (but can issue rules), except
LGUs
o Resolve disputes (unless allowed)
o Be exempt from judicial reach
27
 Delegation of Powers
o Potestas delegata non potest delegari
o Exceptions:
o President – tariff and emergency
o Local Governments
o People’s Initiative
o Administrative Agencies
o Tests of Valid Delegation:
1. Completeness (the ‘what’, rights; even if “formulate plan”
under Cybercrime Law); and
2. Sufficient Standards (may be broad, such as public order,
safety, social justice, quality of education, law and order under
definition of “Cybersecurity”; genuine local development; but
not vague; may be stated in separate law)
Administrative Law Reviewer, Agra 28
 Tests of Valid Delegation
1. Completeness
o sets forth therein the policy to be executed, carried out,
or implemented by the delegate.
2. Sufficient Standard
o provides adequate guidelines or limitations in the law to
map out the boundaries of the delegate’s authority and
prevent the delegation from running riot
o specifies the limits of the delegate’s authority,
announces the legislative policy, and identifies the
conditions under which it is to be implemented
Administrative Law Reviewer, Agra 29
 (2)
(1)
Sufficient
Completeness
Standards

RA 11469 RA 11469
o Authorized powers Valid o “public health
emergency” xxx “due to
enumerated Delegation COVID 19”
o “reprogram, reallocate
and realign from o “loss of lives and
savings” disruption to the
o “move statutory economy”
deadlines” o “public interest”
o “penalties” o “Bill of Rights”
RA 11332 RA 11332
o “declare epidemics” o “health of people”
o “regularly update list” o “efficient and effective
o “prohibited acts” disease surveillance”
30
 Menu of AA Powers

Investigate- Administrative/ Quasi-

Protect-Compel Executive Legislative

Others/
Quasi-Judicial Police Power
Corporate

31
 Investigate-Protect-Compel
o Cease and Desist
o Preventive Suspension
o Abatement of Nuisance
o Withdraw Privilege

Preventive/ Coercive/
Informational
Protective Penal

Express/ Implied in Charter

o Fact-Finding Express in Charter
o Clearance o Contempt
o Ocular Inspection o Subpoena
o Visitorial o Search & Seizure
o Investigate anomalies
32
o File cases
 Cease and Desist Orders
Depending on Charter/ law:
o Mandate/ purpose of AA defines object of CDO
o Power can be express or implied
o Can be an incident of administrative or quasi-
judicial proceedings
o Can be done motu proprio, ex parte or after
notice and hearing (pre- or post-issuance)
o Observe pre-conditions (e.g. show cause order)
o Subject to administrative reversal and/ or
judicial review
33
 Investigative Powers (IP)
o partakes of judicial discretion, not judicial
function
o Express Grant o Express or Implied
1. Contempt (can be adjunct 1. Clearance
of IP, if law provides; not 2. Fact-Finding
exclusive to courts) 3. Ocular Inspection
2. Subpoena (enabling law 4. Visitorial
needed; not implied from 5. Investigate anomalies (CSC)
IP) Comelec can cite a person for
3. Search and Seizure indirect contempt for non-
(If not delegated, apply before
appearance (implied from
constitutional power to IP,
courts
CHOPFE and enforce laws)
(Presence of counsel not required)
Administrative Law Reviewer, Agra 34
 Law vs. Rule
Law (Congress/ LGUs) Rule (AAs)
o Why of law (purpose/ policy)? o How implemented?
o Who covered (not covered)? o What are details?
o What are:
o When take effect (if
o Scope? Boundaries? parameter/
Limitations? Exclusions?
condition in law)?
o Acts? Rights?
o Classes? Categories?
o Obligations? Requirements?
o Standards? Conditions?
o Offenses? Penalties?
o When take effect?
35
 Rule-Making
o Definition: Power to Issue Rules/ Fill in details/ ‘How’
(not‘What’) a Law will be implemented; means to provide
direct and efficacious solutions to problems
o Nature: Subordinate Legislation, i.e., Inferior/ must not be
inconsistent with the Constitution, Laws and Charter, i.e.,
cannot change, amend or be in conflict with
o Rationale:
1. regulation highly complex
2. future situations cannot be fully anticipated
3. practicability
4. expediency
5. expertise
Administrative Law Reviewer, Agra 36
 Rule-Making
Effects
1. Force and effect of law 6. Must be followed by other
(but are not laws) AAs; cannot postpone the
2. Interpretations persuasive application (DOE Rules by
(deserves cogent ERC)
consideration); not 7. Rules of an AA may be
controlling upon courts used as basis for rules of
3. Presumed legal and another AA
constitutional 8. Subject to judicial review
4. Mandatory to issue rules if 9. Subject to repeal and
“shall” used in enabling amendment
law 10. Prospective application
5. Operative effect
Administrative Law Reviewer, Agra 37
 Rule-Making
Requisites
1. Authority: by authority of law (DOJ has no
authority to issue a circular on HDO which
curtails right to travel absent an enabling law;
not fall within inherent power of DOJ to issue
rules)
2. Nature: Executive (not legislative - Congress
cannot limit or take over the President's power
to adopt IRR for a law it has enacted; if issued
by the President, power is self-executory by
virtue of its being inherently executive in
nature; falls under Faithful Execution Clause)
Administrative Law Reviewer, Agra 38
 Rule-Making
3. Substance: not contrary to law (subordinate
legislation)
4. Scope: germane to the objects and purposes of
the law
5. Procedure: properly promulgated; publication and
hearing, if required by law (Circular/ not
Administrative Regulation [internal rule] so not
require hearing, publication and consultation)
6. Issuer: Issued by proper authority for assigned
subject matter/ within its jurisdiction (FDA can
issue circular based on AO of SoH; CSC cannot issue
rules on positions exempt from classification since
outside jurisdiction)
Administrative Law Reviewer, Agra 39
 Dos and Don’ts/ Can and Cannot
Dos/ Can Don’ts/ Cannot
Issue rules to implement laws Enact/ amend/ repeal laws
Prescribe the “how” and provide details Define the “who, why, what, when”
Use or apply rules of other AAs Not follow or postpone the implementation
of rules of other AAs
Issue rules as directed by law o Issue rules outside of its mandate
o Refuse to issue rules if directed by
statute
Issue supplementary, interpretative, Issue contingent and penal rules absent
internal and procedural rule based on express authority
express or implied authority
Issue internal and interpretative rules Issue supplementary, contingent, penal and
without publication procedural rule without publication

Administrative Law Reviewer, Agra 40

 Rule-Making
Standard: Reasonableness
o Relation to purpose; germane to the
objects and purposes of the law
o Supported by good reasons
o Not arbitrary
o Free from legal infirmities

Administrative Law Reviewer, Agra 41

 Rule Defined
“Rule” means any agency statement of general
applicability that implements or interprets a law,
fixes and describes the procedures in, or practice
requirements of, an agency, including its
regulations. The term includes memoranda or
statements concerning the internal
administration or management of an agency not
affecting the rights of, or procedure available to,
the public. [Section 2 (2), Chapter 1, Book VIII,
Revised Administrative Code]
Administrative Law Reviewer, Agra 42
 6 Types of Rules

Supplementary/
Procedural Penal
Implementing

Interpretative/
Contingent Internal
Opinions

43
 Types of Rules (PIPICS)
Type Grant Publication
Supplementary/ Express (E) Required
Implementing or Implied (I)
Interpretative E or I Not Required
Contingent E Required
Penal E Required
Procedural E or I Required
Internal E or I Not Required
Administrative Law Reviewer, Agra 44
 Ordinance-Making Powers
President Local Governments
o Executive Order (general or permanent o Territorial Application
character; must be published) o Sanggunian-enacted
o Administrative Order (aspects of and Governor/
government operations) Mayor-approved
o Proclamation (dates or declare status;
must be published) o More or less
permanent in
o Memorandum Order (administrative
detail, concerns particular officer) character
o Memorandum Circular (internal o Ordinances and
administration for all/ some agencies) Resolutions
o General or Special Order (as
commander-in-chief)
Administrative Law Reviewer, Agra 45
 Examples of Rules
Supplementary Providing incentives to all government and private
Health Institutions with Breastfeeding Practices
Interpretative Issuing guidelines on treatment of discounts
extended by power suppliers
Procedural Outlining the procedure for the disqualification of
nuisance candidates
Penal Setting the penalties for violation of rules
Contingent Lowering the National Tax Allotment of LGUs on the
basis of a declaration of an unmanageable public
sector deficit
Internal Disallowing release of retirement benefits to those
with pending cases

Administrative Law Reviewer, Agra 46

 Rule-Making: Invalid Rules
Law Rules
provident and/or employee-housing both provident/ retirement and housing
benefits superior to those …
vacation leave and sick leave shall be cumulative not cumulative
2 years from payment 10 years from payment
appeal 15 days 10 days
illegitimate children “may” use name of father “shall” use
provide additional allowances from only 1 source
enumerate fixed list of benefits added benefits
lists requirements for creation of provinces provides exception
qualifications fixed for elective officials added drug test
classify and mark tobacco exclusive sources
develop road programs declare roads - limited access
 Rule-Making: Invalid Rules
Law Rules
regulates promotion of milk ban certain aspects
academic freedom ban review classes
state insofar as it concerns their state/general public or other
individual franchise or right to exist entity
as such entity
campaign airtime limit per medium airtime limit for all stations
“Electronic Data Message” “but not limited to”
“abortifacient” “primarily” includes abortion
not prohibit electro-fishing prohibit electro-fishing
silent on fixing fines fixed fines
 Rule-Making: Invalid Rules
Law Rules
prescribe minimum standards for require passing of test otherwise
law admission law schools cannot admit
increase awareness among prescribe mandatory training for
lawyers lawyers
implement Salary Standardization revise salary grades
Law
election at next election after upcoming election where
effectivity of law election period started

Administrative Law Reviewer, Agra 49

 Rule-Making: Valid Rules
Law Rules
AA decision final after 15 days appeal to OP within 30 days
procedure allowed but silent on period provide for 60 days
control and supervision require reports
DAR to CA DAR to OP to CA
exclusive authority to investigate withheld right to examine and cross-
examine during investigations
prescribe competition determine eligibility of bidders
provide for termination of OFW determine causes and factors
employment
provides exception to transferability of recognized rule on succession and
agricultural land subject to regulations implemented owner-cultivator policy in
agri. dev’t

Administrative Law Reviewer, Agra 50

 12 Rules on Rule-Making
1. Executive in nature 8. Pass reasonableness test
2. Force and effect of law and 9. Operative upon publication
must be followed 10. Prospective in application
3. Subordinate legislation 11. Subject to repeal and
4. Presumed valid amendment (unless vested
5. Issued by authority of law or contractual rights
6. Subject within jurisdiction/ involved)
authority 12. Subject to judicial review
7. Notice and hearing not (unless business judgment)
required (unless law
requires and material
change) 51
Rule-Making: Invalid Exercise
Law Rule
Creates Abolishes
Strict Requirements Liberalizes Requirements
No Requirement Imposes Requirement
Stated Requirement Alters/ Deletes Requirement
Enumeration Exclusive Adds/ Deletes Requirement
No Classification Discriminates/ Classifies
Limited Application Expands Application
Fixed Period Changes Period
Continue Practice Discontinues Practice
Grant Power Nullifies Power
Administrative Law Reviewer, Agra 52
 Quasi-Judicial Power
o Definition: Deciding controversies, resolving conflicting
claims and positions
o Grant of Power:
o Express (Issuance of HDOs is judicial which DOJ has no authority
to wield)
o Includes those necessary powers (i.e., authority of DAR to
conclude proceedings under a law includes coordinate authority
to continue its QJ over controversies arising from said
proceedings)
o Clearly defined jurisdiction/ cannot go beyond (NCIP: disputes
involving rights of ICCs/IPs only when they arise between or
among parties belonging to the same ICC/IP group/ intra-IP;
CIAC: jurisdiction covers transactions within construction
industry where parties are in construction industry and does not
extend to damages to property of private parties inflicted by a
construction company)
Administrative Law Reviewer, Agra 53
 Quasi-Judicial Power
o Extent: Typically, only questions of fact (questions
of law or mixed if expressly permitted under the
Charter/ law)
o Limitation: Subject to Judicial Review (cannot
deprive courts of constitutional mandate)

Administrative Law Reviewer, Agra 54

 Types of Disposition
1. Directing (corrective/ award), e.g., backwages
2. Enabling (grant/ permit), e.g., grant of
franchise/ license (purely administrative
proceedings; not QJ)
3. Dispensing (exempt/ relieve), e.g., amnesty
4. Summary (compel/ force), e.g., cease and
desist
5. Equitable
Administrative Law Reviewer, Agra 55
 2 Proceedings before AAs
Administrative Proceedings Quasi-Judicial Proceedings
1. direct implementation of laws to certain 1. hearing and determining questions of fact to
given facts as a consequence of which the legislative policy is to apply
regulation; or 2. deciding in accordance with the standards laid
down by the law itself in enforcing and
2. an undertaking to gather facts needed to
administering the same law.
pursue a further legal action or remedy 3. taking and evaluating evidence
in the case of investigation 4. determining facts based upon the evidence
(Not involve the settling of disputes presented
involving conflicting rights and obligations 5. rendering an order or decision supported by
(not make binding pronouncements as to a the facts proved
party’s rights and/or obligations as a result 6. determining, what the law is; what the legal
of a conflict or controversy whether legal or rights and obligations of the contending
parties are; and based thereon and the facts
factual)
obtaining, the adjudication of the respective
rights and obligations of the parties.
Example: grant of authorization or permission to complaint proceedings involving the assessment
undertake a regulated activity is warranted (NTC) and settling of the contending parties’ respective
rights and obligations (NTC)
Administrative Law Reviewer, Agra 56
 Examples
Administrative Quasi-Judicial
o DOH: List of Notifiable Diseases o DTI: Violation of
o DSWD: Emergency Subsidy Program Consumer Act
o DILG: Investigation of Complaints o COMELEC: Election
Protests
o DENR-EMB: Issuance of Special Permit to
Transport Hazardous Wastes
o IC: Statement of
Claims
o FDA: Authorizations and Licenses to Operate o ERC: Capital
o SSS: Grant of Small Business Wage Subsidy Expenditure
o BOC: Seizure of COVID 19-Necessary Goods o Ombudsman:
o PPA: Issuance of Certificate of Entry/ Withdrawal Disciplinary Actions
Permit o LLDA: Pollution-
related
o PACC: Investigation of Complaints
o Higher LGU:
o NTC: Grant of license/ franchise complaint against
o PCC: Clearance for M&As local elective officials
57
 12 Rules on Quasi-Judicial
1. Power expressly given 7. Impartial Tribunal
2. Jurisdiction defined by 8. Substantial Evidence (not
Charter (not by AA or bound by technical rules;
parties) must have some proof of
3. Questions of fact and/ or authenticity)
law 9. Decision needed (need
4. Non-delegable (reception not be full blown like in
of evidence can be sub- courts)
delegated) 10. Counsel dispensable
5. Follow procedural rules 11. Subject to Judicial Review
6. Due process – Notice and 12. Courts accord great
Hearing required respect
(absence curable)
58
 Quasi-Legislative or -Judicial
1. Increase rates for all public utility buses (QL)
2. Application for rate increase by a particular
public utility operator (QJ)
3. Prescribing the procedure to disqualify nuisance
candidates (QL)
4. Disqualifying a nuisance candidate (QJ)
5. Procedures for applying for a franchise (QL)
6. Revoking a specific franchise (QJ)
7. Issuance of Resolution on Reinvestment Fund
for Sustainable Capital Expenditures (QL)
Administrative Law Reviewer, Agra 59
 Quasi-Legislative vs. Quasi-Judicial
Subject Quasi-Judicial Quasi-Legislative
Grant E E or I
Parties Particular All/ Sectors
Adversarial Yes No
Controversy Exists None
Notice and Hearing Required Not Required (unless law requires;
radical change) (Circular - internal)
Primary/ Applicable Not Applicable; judicial review at
Exhaustion first instance
Time Past/ Present Future
Publication Not Required Depends on type
Res Judicata Applicable Not Applicable
Administrative Law Reviewer, Agra 60
 QJ Administrative Proceedings
o Character: Adversarial, quasi-judicial, civil
o Jurisdiction: Defined by Law/ Charter (not by AA or
consent of parties, not acquired through or waived by any
act or omission of the parties; DOJ has jurisdiction over all
disputes “solely” [i.e., all without exception] between
GOCCs involving questions of law)
o Nature: not delegable (but power to hear/ receive
evidence can be sub-delegated)
o Due Process (DINA): Decision, Impartial Tribunal, Notice
and Appear/ Defend (reasonable opportunity to be heard,
2018; observed when affidavits submitted and evidence
considered in earlier ruling)
o Procedure: reasonable, due process, meet ends, published
Administrative Law Reviewer, Agra 61
 QJ Administrative Proceedings
o Notice and Hearing
• Required (actual or constructive)
• Subject to waiver and estoppel
• Curable (i.e., subsequently heard, filing of motion of
reconsideration, oral arguments)
• Position papers allowed (unless a party invokes or does not
waive hearing)
• Not required when privilege, abatement, conditional right,
legislative or administrative
o Right to counsel not imperative
o Full Hearing: All Claims, Rebuttal, Evidence and Cross-Examination
(dispensable)
o AAs not bound by the technical rules of procedure (but must have
some proof of authenticity or reliability as condition for the
admission of documents)
Administrative Law Reviewer, Agra 62
 Due Process: Notice and Hearing
Required Not Required
o Quasi-Judicial (except motu proprio/ ex o Rule-making unless:
parte orders) o Law requires
o Rule-making if: o Material change
o Law provides o Changes in rules and
o Affects a particular party like vested practices affecting general
and contractual rights public, not a particular
o Material change party with vested and
contractual rights
o Administrative/ Executive Actions if:
o Motu Proprio/ Ex Parte
o Notice/ hearing required by law
Administrative and
o Cannot be issued motu proprio/ ex Executive Action
parte
o MR filed by a particular party 63
 QJ Administrative Proceedings
o Evidence
• Substantial (unless law provides different quantum; need not
be overwhelming or preponderant)
• Ocular allowed (when relevant)
• Adoption of reports allowed
o Decision: Bases, Form (need not be full-blown like court
decisions), Parties, All Issues and Evidence; based on defenses
raised (AA cannot condone if condonation not raised)
o Deliberative Process (arbitral proceedings): excepted, provided
predecisional and deliberative, from constitutional right to
information
o Enforcement: by AA if authorized by law (if not, courts)
Administrative Law Reviewer, Agra 64
 Judicial Review of
Administrative Findings
o In deference to technical expertise
o AA findings must be accorded great respect if
supported by substantial evidence; not conclusive
and final before courts; findings of fact by the
Office of the Ombudsman are conclusive when
supported by substantial evidence
o AA business judgments/ policy matters/ purely
administrative matters (e.g. increase in SSS
premiums) cannot be interfered with by Courts
Administrative Law Reviewer, Agra 65
 Perspective: Judicial Review
Administrative Findings given weight (since AAs in better position to pass
judgment thereon), not disturbed unless:
1. Not based on substantial evidence
2. Fraud, mistake, collusion
3. Palpable errors
4. Grave abuse of discretion (clear showing; arbitrary or despotic manner
which must be so patent and gross as to amount to an evasion of a
positive duty or a virtual refusal to perform the duty enjoined by law;
capricious and whimsical exercise of judgment tantamount to lack of
jurisdiction; acted without or in excess of jurisdiction - exception to
doctrine of immutability)
5. Mis-appreciation of evidence
6. Conflict in factual findings (e.g. among Labor Arbiter, NLRC and CA;
contrary to findings of arbitrators)
7. Rates fixed are unreasonable
Administrative Law Reviewer, Agra 66
 Dos and Don’ts/ Can and Cannot
Dos/ Can Don’ts/ Cannot
o Resolve controversy based on mandate o Expand jurisdiction of AA by agreement of
o Rule on question of law if authorized by law parties or rule by AA
o Not assume jurisdiction under its mandate
Delegate reception of evidence to sub-unit Delegate QJ to its sub-unit
o Decide base on ocular inspection when issue o Rule on case without notice and hearing
based on perceivable facts unless cured or waived
o Decide case based on substantial evidence o Decide case based on position papers when
o Decide case based on report of sub-unit or parties invoke hearing
affidavits o Not resolve all issues raised
o Render a decision which is not full blown o Rule case based on extraneous defenses
o Not follow technical rules of procedure Decide case when there is no/ absent some proof
o Dispense with cross-examination of authenticity or reliability of documents
o Apply for execution of decisions before the o Execute its own decisions if no express
courts if no authority to execute under the law statutory authority
o Issue subpoena or cite persons in contempt is o Not publish procedural rules
empowered by law o Apply procedural rules retroactively
prejudicing parties
Administrative Law Reviewer, Agra 67
 Judicial vs. Quasi-Judicial
Aspect Judicial Quasi-Judicial
Public Office Courts AAs
Proof Criminal: Beyond Substantial
Reasonable Doubt
Civil: Preponderance
Contempt/ Authorized If authorized by law
Subpoena
Counsel Indispensable Dispensable
Technical Rules Follow Need not strictly follow
Decision Full-Blown Full-Blown not required
Cross-Exam Indispensable Dispensable
Enforcement Authorized If authorized by law
Administrative Law Reviewer, Agra 68
 Judicial Review
1. Certiorari o Constitutional
o Decisions of AA which are declared
2. Prohibition by law final and unappealable are
still subject to judicial review if:
3. Injunction o fail the test of arbitrariness
4. Mandamus o upon proof of gross abuse of discretion
o fraud
5. Declaratory o error of law

Relief o Covers grave abuse of discretion of

an AA which does not exercise
6. Appeal judicial, quasi-judicial or ministerial
functions
Administrative Law Reviewer, Agra 69
 Scenarios

Higher/
Level 2
AA Courts
Lower/
Level 1
1. No actual injury, filed case in AA or Court
2. Instead of filing case before AA, filed directly with Court
3. While case pending before AA Level 2, filed case in Court
4. After AA Level 1 decides case, filed case before Court

Administrative Law Reviewer, Agra 70

 Defenses: Judicial Review Premature
1. Doctrine of Finality of Administrative Action:
Decision of AA must be final before Judicial Review;
Exceptions:
o interlocutory orders
o protect rights
o violate Constitution
o excessive use of power

2. Doctrine of Primary Jurisdiction: AA concurrent with

courts; needs administrative discretion and expertise
of AA
o Court may suspend or, if the parties would not be unfairly
disadvantaged, dismiss the case without prejudice
o if 2 AAs have concurrent, where 1st filed provided that AA
opts to take cognizance, acquires jurisdiction)
Administrative Law Reviewer, Agra 71
 Defenses: Judicial Review Premature
3. Doctrine of Ripeness for Review: Controversy must be
real, present or imminent (not future/ imaginary/ remote)
4. Doctrine of Exhaustion of Administrative Remedies:
exhaust all administrative remedies before recourse to
courts (reassignment – Governor; failure of bidding – BAC;
rate adjustment with ERC; security of tenure of water
district employees with LWUA Board then CSC;
reconsideration of DND memorandum; mixed questions of
law and fact indispensable to resolution of case; validity of
tax ordinance with DOJ; personnel action against PAGC
employee with CSC; HLURB to OP since there is prompt
relief for injurious effects of judgment; DAR Secretary to
OP following rules), condition precedent, with some 20
exceptions, namely: JPLCS DRIED DARNI CLRNT
Administrative Law Reviewer, Agra 72
 Exceptions: Non-Exhaustion
JPLCS DRIED
o Questions essentially Judicial o Utter disregard for Due
o Administrative Remedy is Process
Permissive o No plain speedy Remedy
o Pure question of Law (facts o Strong public Interest
not disputed; local tax) (increase in FMVs in local
o Constitutionality taxation)
(impairment; freedom of o Estoppel
speech)
o Continued and unreasonable
o Small amount that Delay/ Urgency (impending
exhaustion will be costly maturity if bonds; elections
nearing)
Administrative Law Reviewer, Agra 73
 Exceptions: Non-Exhaustion
DARNI CLRNT
o Irreparable Damage by o Civil action for damages
party o Land not part of public
o Alter Ego Bears approval of domain
President
o Special Reasons
o No administrative Review demanding immediate
is provided
judicial relief
o Insistence on exhaustion
will lead to Nullification of o No Decision rendered
claim o Transcendental issues
o Resort to admin. remedy is
an Idle ceremony
Administrative Law Reviewer, Agra 74
 Compare/ Contrast the Defenses
Defenses/ Finality of Primary Non-Exhaustion of Ripeness
Aspects Admin. Action Jurisdiction Admin. Remedies for Review

Concept AA not yet final Concurrent AA and AA process (all levels) not No controversy (future,
(pending) court; AA 1st instance yet completed imaginary, remote)

What has Await decision of AA Allow AA to assume Complete whole process Await matter to
to be done/ jurisdiction (all levels) become real/ present or
Court action Court dismisses Court suspends imminent
Pendency While pending in an No AA case yet; filed Process complete at 1 Pending or no pending
before AA AA level, go to court with court directly level, not elevate to next AA case
level, then file with court

w/ exceptions Yes Yes Yes No

Exceptions Interlocutory Judicial discretion Pure question of law None

Preserve status quo Question of law Transcendental issue (Declaratory Relief)
Protect rights AA has no jurisdiction Constitutional issue
Violate Constitution No adequate remedy
Great damage Alter-ego
Excess power Public interest
Applicability QJ QJ QJ QJ and QL

Administrative Law Reviewer, Agra 75

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Administrative Law Reviewer, Agra 76