Administrative Law[1]

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Political Law ADMINISTRATIVE LAW 1.)

Widest Sense:

It is the system of laws under which the machinery of the State works and by which the State performs all government acts. It embraces all laws pertaining to the administrative organization and operations of the government including the legislative and judicial branches. 2.)

Broad Definition:

It is the law that provides for the structure of the government and prescribes its procedure. It is the law that controls or is intended to control the administrative operations of the government, or “the law of governmental administration”. 3.) Narrow or more limited signification: It is the branch of modern law with which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the community. 4.) Generally understood today: It is that part of the 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 the courts. SCOPE OF ADMINISTRATIVE LAW: 1.) The law which fixes the administrative organization and structure of the government; 2.) The law, the execution and enforcement of which is entrusted to administrative authorities; 3.) The law which governs public officers, their competencies, rights, duties, liabilities, elections, etc.; 4.) The law which creates administrative agencies, defines their powers and functions, prescribes their procedures including the adjudication and settlement of contested matters involving private interests;

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law 5.) The law which provides remedies administrative or judicial, to those aggrieved by administrative acts or decisions; 6.) The law which governs judicial review of or relief against administrative acts or decisions; 7.) The rules, regulations, orders and decisions made by administrative authorities dealing with the interpretation and enforcement of the laws entrusted to their administration; and, 8.) The body of judicial decisions and doctrines dealing with any of the above. SOURCES OF ADMINISTRATIVE LAW 1.) Constitution 2.) Statutes 3.) Judicial decisions 4.) Rules, regulations, orders, proclamations CONCERNS 1.) Protection of private rights 2.) Delegated powers and combined powers DISTINCTIONS Administrative Law 

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Lays down the rules which shall guide the officers of the administration in their actions as agents of the government.

International Law 

Cannot be regarded as binding upon the officers of any government considered in their relation to their own government except in so far as it has been adopted into the administrative law of the state.

Constitutional Law Admin Law Gives and carries out plan in its  Prescribes the general plan or minutest details; framework of the government Treats the rights of the organization. individual from the standpoint  Treats of the rights of the of the powers of the individual; lays stress upon rights government employees on the powers of government and duties of the citizen.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

Admin Law 

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Public Administration

It covers all the concerns public administration. Refers only to the external aspects of public administration.

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Practical management and direction of the various organs of the state and the execution of state policies by the execution and administrative officers entrusted with such functions.

PRICIPAL SUBDIVISIONS 1.) LAW OF INTERNAL ADMINISTRATION legal relation between government and its administrative officers; legal relation that one administrative officer/organ bears to another; It considers the legal aspects of public administration in its institutional side. 2.) LAW OF EXTERNAL ADMINISTRATION legal relation between Administrative authorities and private interests. SCOPE a. survey of powers and duties that relate directly to private rights; b. analysis of the scope and limits of such powers; c. some account of the sanctions attached to or the means of enforcing, official determination; d. examination of the remedies against official actions. CLASSIFICATIONS OF DIFFERENT ADMINISTRATIVE LAWS 1.) As to source: a. Law that controls administrative authorities. b. Law made by administrative authorities. 2.) As to purpose: a. Adjective or procedural administrative law b. Substantive administrative law 3.) As to applicability: a. General administrative law b. Special or particular administrative law

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

Administrative Process It is the whole of the series of acts an administrative agency whereby the series of acts an administrative agency whereby the legislative delegation of a function is made effectual in particular situations. It embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matter in which determinations are made, enforced and reviewed. Criticisms against Administrative Actions 1.) Tendency towards arbitrariness; 2.) Lack of legal knowledge and aptitude in sound judicial technique; 3.) Susceptibility to political bias or pressure often brought by uncertainty of tenure; 4.) A disregard of safeguards that insure full and fair hearing; 5.) Absence of standard rules of procedure suitable to the activities of each agency; 6.) A dangerous combination of legislative, executive and judicial functions. Role of Courts 1.) To accommodate the administrative process into the traditional judicial systems; 2.) To accommodate the private rights and public interests in the powers reposed in administrative agencies; 3.) To reconcile in the field of administrative action, democratic safeguards and standards of fair play with the effective conduct of government.

Administration 

Government

group or aggregate of persons in whose hands the reins of the government are for the time being.



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, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Mary Dian Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law POWERS OF ADMINSTRATIVE AGENCIES CLASSIFICATIONS OF ADMINISTRATIVE POWER Quasi-legislative 

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Quasi-judicial

Power of Subordinate Legislation; permits the body to promulgate rules intended to carry out the provisions of particular laws.

Public

Power of Adjudication/ Power of investigation; enables the administrative body to resolve, in a manner essentially judicial, factual and sometimes even legal questions to its primary power of enforcement of the law. Private

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Powers to be exercised: Express vs. Implied Only such powers as are expressly granted to it by law, it is likewise a settled rule that an administrative agency has also such powers as are necessarily implied in the exercise of its express powers. QUASI- LEGISLATIVE POWER ♦

Quasi- legislative power The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of the law and implement legislative policy. It possessed the same legal force and perhaps with even more efficiency than the statutes they are supposed to implement. This is also known as the POWER OF SUBORDINATE LEGISLATION.

♦ Administrative Rule 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. ♦ Rule Making An agency process for the formulation, amendments, or repeal of a rule.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

SOURCE The source is the LEGISLATURE through a VALID DELEGATION. TESTS OF DELEGATION 1.) Completeness Test 2.) Sufficient Standard Test QUASI- JUDICIAL POWER ♦ Quasi-judicial power Has been defined as 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. ♦ Reason for the exercise of Quasi-judicial power Even if not judges, administrative officers can interpret and apply the law to the facts as ascertained by them because this function is necessary to the discharge of their primary function of regulation. SOURCE ♦ It is INCIDENTAL to the POWER OF REGULATION rested in the administrative body but is often EXPRESSLY CONFERRED by the legislative through specific provisions in the charter of agency. ♦ The power is needed to enable the administrative officers is perform their executive functions. DETERMINATIVE POWERS  

Enabling Powers Directing Powers

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Directing Powers Dispensing Powers 

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Allows the administrative agency to relax the operation of law or exempt from the performance of a general duty.

Examining Powers 

Enables it to inspect the records, premises, and investigate the activities of persons, or entities, coming under its jurisdiction.

Summary Powers 

Those involving the use by administrative agencies of force upon persons or things without the necessity of previous judicial warrant.

ENABLING POWERS Those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. Ex: issuance of licenses DIRECTING POWERS Order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes.

EXERCISE OF POWER 1. DISCRETIONARY The exercise of administrative power is discretionary, especially as they involve the interpretation or construction and enforcement of the law and the appreciation of factual questions that may be submitted to it for resolution. 2. MINISTERIAL The administrative officer performs a mechanical act that requires no judgment or discretion for its exercise.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

DOCTRINE OF SEPARATION OF POWERS Governmental Power Legislative 

The power to Make or Enact laws.

Executive 

The power Enforce the law.

Judiciary to

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The power Interpret Apply the law.

to or

Basic concepts: 1.) Allocation of governmental powers 2.) Blending of allocated powers 3.) Exclusive exercise of powers MEANING OF DOCTRINE The doctrine declares that governmental powers are divided among the three branches of government and broadly operates to confide legislative powers to the legislative, executive powers to the executive departments, and judicial powers to the judiciary, - precluding one branch of the government from exercising or invading the power of another. The power assigned to one department should not be exercised by either of the other departments, and that no department ought to possess, directly or indirectly, an overruling influence or control over the others. Exception to the Doctrine: - Checks and balances - Blending of powers Doctrine of NON-DELEGATION OF POWERS BASIS: Potestas delegata non delegari “what has been delegated, cannot be further delegated” PINCIPLE: A delegated power constitutes not only a right but a duty to be performed by the delegate by the intermediately of his own judgement and not through the intervening mind of another. A further delegation of such power would constitute a negation of the duty in violation of POLITICAL LAW COMMITTEE CHAIRMAN: Ladyreposed Jay Gutierrez Paulo Abello, to MEMBERS: NicolasitTristan Hinayon, the trust in VICE-CHAIRMAN:Juan the delegate mandated discharge directly. Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Rationale of the DOCTRINE 1.) Delegation to administrative agencies The constitution itself allows a certain degree of mixture of the three governmental powers in administrative agencies. The fact remains that certain administrative agencies exercise quasi-legislative and quasijudicial powers. 2.) Necessity for delegation a.) Details and questions beyond the capacity of the legislative to determine. • These are matters which the legislature is incapable of providing or defining a multitude of details. These are questions which are beyond determination by the legislature and which must necessarily be left to the determination of executive or administrative agencies. b.) Matters requiring some/more specialized knowledge and exercise possessed by administrative agencies. • Administrative agencies specialized in their respective fields can deal with problems or contingencies with more expertise, efficiency and dispatch. REQUISITES of a VALID DELEGATION 1.) Completeness of the statute making the delegation < COMPLETENESS TEST> 2.) Presence of a sufficient standard CASE LAW: Eastern Shipping Lines, Inc. vs. POEA, 166 SCRA 533 (1988) Doctrine 1.) Delegation is permitted in many instances - The principle of non-delegation of powers is applicable to all the three major powers of the government but is essentially important in the case of the legislative power because of the many instances when its delegation is permitted.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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2.) Reasons for the delegation - The increasing complexity of the task of government; - The growing inability of the legislative to cope directly with the myriad problems demanding its attention; - Specialization has become necessary; - The legislature may not have the incompetence to provide the required direct and efficacious, specific solutions. 3.) Power of subordinate administrative agencies - It is the power of the national legislature to entrust to the administrative agencies the authority to issue rules to carry out the general provisions of the statute. RULES: Delegation to Administrative Agencies 1.) Administrative agencies do not possess legislative or judicial power in the strict sense, and such power may not be delegated to them, except where otherwise provided by the constitution. 2.) Purely Legislative Power- NON-DELEGATED. • It must be solely exercised by the legislature, and cannot be delegated. Mere incidental powers would not suffice. 3.) Delegation of power to make the law vs. Delegation of authority or discretion as to execution of the law. • The legislature may not delegate the determination of what the law shall be, to whom it may be applied, or what acts are necessary to effectuate the law. • What can be delegated is the discretion to determine how the law may be enforced, not what the law shall be. 4.) Fact-finding Power. • Fact-finding power may be confused for putting into effect, suspending or applying the law. But where delegation to a fact-finding body which constitute the fact, the delegation is invalid. 5.) Power of Subordinated Legislation. • The agency may be authorized to “fill up the details” in promoting the purposes of the legislation and LAW carrying it to effect. POLITICAL COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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6.) SUFFICIENT STANDARD TEST. • There must be adequate guideline or limitations in the law to map out the boundaries of the delegate authority and prevent the delegation from running riot. 7.) No hard and fast rule limiting the exercise of delegated authority. 8.) Delegation of a rate-fixing power • It must be reasonable and just 9.) COMPLETENESS TEST • A Statute must be complete in itself so that by appropriate judicial review and control, any action taken pursuant to delegated authority may be kept within the defined limits of the authority conferred. SUFFICIENCY OF STANDARDS Factors affecting administrative Agencies exercise of discretion 1.) Depends upon the Nature of the power exercised. 2.) Nature of the right restricted by the power/ 3.) Within proper regulation or control requires the resting of such discretion. Personal judgement by the administrative agency is not sufficient standard. RESTRICTION ON GRANT OF JUDICIAL POWER RULE: It is recognized that some judicial powers may be conferred upon and exercised by administrative agencies without violating constitutional provisions inhibiting the delegation of judicial power. However, the judicial power that may be exercised by administrative agencies is a restricted one, limited to what is INCIDENTAL and REASONABLY NECESSARY to the proper and efficient administration of the statutes that are committed to them for administration. EXCEPTION TO THE RULE REQUIRING STANDARDS OR GUIDES The following are instances in which uncontrolled discretion may be POLITICAL rested on administrative agencies: LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

1.) In the handling of state property or funds; RECOLETOS DE directly MANILAorSCHOOL OFaLAW 2.) A power which is not exclusively legislative one, in the exercise of which, the state is supreme and may act at its pleasure,

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Political Law and which has no relation whatsoever to personal or property rights, may be delegated without any standard to guide its exercise; 3.) In a field which is purely administrative, that is, in regard to a matter of internal administration, standards may be deemed necessary; 4.) The power of the Board to make recommendations which bind no one has held administrative and met legislative, so that the absence of standards was immaterial; 5.) In matters which are in the nature of privilege as to the using of property, the engaging in occupations, or the committing of acts which might well be forbidden altogether, but which under certain conditions may be harmless or well-managed; 6.) Where it is impracticable to lay down a definite comprehensive rule such as where the regulations turns upon the question of personal fitness. 7.) Where the act relates to administration of a police regulation and is necessary to protect the general welfare, morals and safety of the public. PERMISSIBLE DELEGATION OF LEGISLATIVE POWER (under the Constitution) a. SEC.23, Art. VI In times of war or other national emergency, the congress may, by the law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the congress, such powers shall cease upon the next adjournment thereof. b. SEC.28, Art. VI The Congress may, by the law, authorize the president to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonage and wharfage dues, and other duties or imposts within the framework of the national development program of the government. c. SEC.32, Art. VI The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any acts or law or part thereof passed by the congress or local legislative body after the POLITICAL legislation of a petition therefor,LAW signedCOMMITTEE by at least 10 per centum of the CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, total number of registered voters, of which every legislative district must Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, be represented by at least 3 % of theDialola registered voters thereof. Jaynee

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d. SEC.3, Art. X The Congress shall enact a local government code, which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum. e. SEC. 5, Art. X Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to such guideline and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and, charges shall accuse exclusively to the local governments. QUASI-LEGISLATIVE POWERS PURPOSE It is intended to enable the administrative body to implement the policy of the law and to provide for the more effective enforcement of its provisions.

KINDS of ADMINISTRATIVE REGULATIONS 1. LEGISLATIVE rules or regulations - Are accorded by the court or by express provisions of statute, the force and effect of law immediately upon going into effect. - In such instance, the administrative agency acts in a legislative capacity. LEGISLATIVE RULES are in the nature of SUBORDINATE LEGISLATION, intended to implement the policy of a primary legislation. 2. INTERPRETATIVE regulations - Those which purpose to do no more than interpret the statute being administered, POLITICAL to say it means. LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, Nicolas Hinayon,to - It is issued by administrative body, as anMEMBERS: incident of Tristan its power Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, enforce the law and is intended merely to clarify its provision for Jaynee Dialola observance with the legislative will. SCHOOL OF LAW RECOLETOS DE MANILA

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CLASSIFICATION OF LEGISLATIVE REGULATION a.

SUPPLEMENTARY REGULATION Intended to fill in the details of the law and “to make explicit what is only general”. Its purpose is to enlarge upon statute, subject only to the standards fixed therein, to ensure its effectivity in accordance with the legislative will.

b.

CONTIGENT REGULATION It is issued upon the happening of a contingency – administrative agency is allowed to ascertain the existence of particular contingencies and on the basis thereof enforce or suspend the operation of a law.

A. REQUISITES: Valid Administrative Regulation 1. Its promulgation must be authorized by the legislature; 2. It must be within the scope of the authority given by the legislature; 3. It must be promulgated in accordance with the prescribed procedure; and; 4. It must be reasonable. B. PENAL REGULATION Rule: The power to define and punish crime is exclusively LEGISLATIVE and may not be delegated to the administrative authorities. While administrative regulations may have the force and effect of laws, their violation cannot give rise to criminal prosecution unless the legislature makes such violation punishable and imposes the corresponding sanctions. Special Requisites: VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION: 1. The law itself must make violation of the administrative regulation punishable; 2. The law itself must impose and specify the penalty for the violation of the regulation; and; POLITICAL LAW COMMITTEE 3. The regulation must be published. C.

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, CONSTRUCTION AND INTERPRETATION Jaynee Dialola

The sameRECOLETOS rules on the construction interpretation of statutes are DE MANILAand SCHOOL OF LAW applied to administrative regulations, with the specific requirement that

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Political Law the regulation should be read in harmony with the statute and not in violation of the authority conferred on the administrative authorities.

D. ENFORCEMENT Administrative decisions may be enforced by: 1. Judicial action; 2. Through sanctions that the statute itself ma allow to be imposed; and; 3. Institution of criminal suits. E. AMENDMENT or REPEAL Administrative regulation may be amended or repealed by the authorities who made / promulgated them or by the legislature through a law enacted for that purpose. QUASI-JUDICIAL POWER The power of the administrative agencies to determine questions of facts to which the legislative policy is to apply in accordance with the standards laid down but the law itself. •

When is it exercised? Administrative body exercise the quasi-judicial power when it performs in judicial manner an act which is essentially of an executive or administrative nature, where the power to act in such a manner is incidental to or reasonably necessary for the performance of the executive or administrative duty entrusted to it.

Power of Adjudication It is a process undertaken by an administrative agency for the formulation of a final order.

Quasi-judicial function The term that applies to the actions or direction of public officers or administrative bodies, that are required to investigate facts, or ascertain the facts, hold hearings and draw conclusions from them, as a basis for their official action and to exercise discretion of COMMITTEE a judicial nature. POLITICAL LAW CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon,

Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, REQUISITES OF QUASI-JUDICIAL POWER Jaynee Dialola

1.) Jurisdiction must be properly acquired by SCHOOL the administrative RECOLETOS DE MANILA OF LAWbody; 2.) Due process must be observed in conducting administrative proceedings.

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A. JURISDICTION Jurisdiction is the competence of an office or body to act on a given or decide a certain question. It is the LEGISLATURE that has the power to confer jurisdiction upon the administrative body and to limit or expand its authority. Settled is the rule that a tribunal, board or officer exercising judicial functions acts without jurisdiction if no authority has been conferred by law to hear and decide the case. Absence, any decision made is NULL and VOID AB INITIO. It is a well-settled principle in administrative law that unless expressly empowered, administrative agencies are BEREFT of QUASI-JUDICIAL POWERS. 1. RULES OF PROCEDURE Where an administrative body is expressly granted the power of adjudication, it is deemed also rested with the implied power to prescribe the rules to be observed in the conduct of proceedings. REQUISITES • Where the statute does not require any particular method of procedure to be followed by an administrative agency, the agency MAY ADOPT ANY REASONABLE METHOD TO CARRY OUT ITS FUNCTIONS. • Rules must not violate fundamental rights to encroach upon constitutional prerogatives, the rule making power of the Supreme Court. CONSTRUCTION / INTERPRETATION • Administrative rules of procedures SHOULD BE LIBERALLY CONSTRUCTED in order to promote their object and to assist the parties in obtaining just and speedy and inexpensive determination of their respective claims and defenses. • Courts may not in the guise of interpretation, enlarge the scope COMMITTEE of a statuePOLITICAL and include LAW therein situations not provided for or CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, byChrix theCu, lawmakers. noDanna legalBuenaventura, principle which status Vanessa intended Alogoc, Mignon Grace Binuya, There Jean Paulis Dato, Rosyn Alvaran, Jaynee Dialola that all decisions of quasi-judicial agencies are immediately executory. RECOLETOS DE MANILA SCHOOL OF LAW

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2. SUBPOENA POWER GENERAL RULE: the power to issue subpoena and subpoena duces tecum IS NOT INHERENT in administrative bodies. It is settled that these bodies may summon witnesses and require the production of evidence only when DULY ALLOWED BY LAW, and ALWAYS only IN CONNECTION WITH THE MATTER THEY ARE AUTHORIZED TO INVESTIGATE. • The fact that an administrative agency has been authorized to conduct an investigation does not necessary mean it can also summon witnesses and take testimony in the absence of a clear grant of this power from the legislature.

Power to Investigate 

Power to Adjudicate

Means to EXAMINE, EXPLORE, INQUIRE or PROBE into – to conduct an official inquiry.



Means to adjudge, arbitrate, tp settle finally the rights and duties of the parties.

3. CONTEMPT POWER - The power to punish for contempt is essentially judicial and cannot be claimed as an inherent right by the administrative body. To be validly exercised, IT MUST BE EXPRESSLY CONFERRED UPON THE BODY and, additionally, MUST BE USEDONLY IN CONNECTION WITH ITS QUASI-JUDICIAL as distinguished from its purely administrative or routinary functions. - Where a subpoena of the administrative body disregarded, the person summoned may not directly be disciplined by that body to seek the assistance of the courts of justice for the enforcement of its order. POLITICAL LAW COMMITTEE B.

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, NOTICE AND HEARINGS Jaynee Dialola

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The right to notice and hearing is essential to due process and its non-observance will as a rule, invalidate the administrative proceedings. The ESSENCE of DUE PROCESS in administrative proceedings is the opportunity to explain one’s side or a chance to seek reconsideration of the action or ruling complained of.

EXCEPTIONS: ♦ Extreme urgency of immediate action ♦ Tentativeness of the administrative action ♦ The fact that the right had been previously offered but not claimed. 1.)

ADMINISTRATIVE DUE PROCESS The following are cardinal rights or principles to be observed in administrative proceedings: a.) RIGHT TO A HEARING which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; b.) The TRIBUNAL MUST CONSIDER THE EVIDENCE. Must base its decision on the evidence presented. Evidence must not be disregarded. c.) While the duty to deliberate does not impose the obligation to decide right, it does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having something to support its decision. d.) The evidence must be substantial. e.) 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. MATTERS INVOLVED IN QUASI-JUDICIAL PROCESS: ♦ Taking and evaluation of evidence ♦ Determining facts based on the evidence presented ♦ Rendering an order or decision supported by the facts C. ADMINISTRATIVEPOLITICAL APPEALS AND REVIEW LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon,

Vanessa Alogoc, MignonAND Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, D. ENFORCEMENT DECISION Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW E. RES JUDICATA

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Political Law

GENERAL RULE: An administrative decision is NOT CONSIDERED RES JUDICATA so as to preclude its subsequent reconsideration or revocation. It is a continuing process.

NEW RULE: It is now settled in our jurisprudence that the decisions and orders of the administrative agencies, rendered pursuant to their quasijudicial authority, have upon their finality, the force and binding effect of a final judgment within the purview of the DOCTRINE OF RES JUDICATA. The principle of res judicata applies as well to the judicial and quasijudicial acts of public, executive or administrative offices and board acting within their jurisdiction as to the boards acting within their jurisdiction as to the judgments of courts having general judicial powers. BASIS: It is grounded on fundamental considerations of public policy and sound practice that, at the risk of occasional error, the judgment of courts and award of quasi-judicial agencies must become final at some definite date fixed by law. EXCEPTION: Principle of Res Judicata ♦ It applies only to judicial or quasi-judicial proceedings and not to the exercise of administrative powers; and, ♦ Neither does the doctrine apply to judgment based on prohibited or null contracts.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

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Political Law

ADMINISTRATIVE LAW PART II ADMINISTRATIVE PROCEEDINGS Powers exercised by Administrative Agencies 1.) Investigatory powers 2.) Rule-making powers 3.) Adjudicatory powers Q: When does an administrative proceeding end? A: An administrative proceeding is at end when AN APPEAL has been taken to court, and it is merged in the decree of the court when the agency has procured a judicial decree enforcing its order. CHARACTERISTICS OF ADMINISTRATIVE PROCCEDINGS a.) ADVERSARY IN NATURE Every proceeding is adversary in substance if it may resort in an order in favor of one person against the other and the proceeding is adversary because its primary purpose is to protect the public interest. b.) QUASI-JUDICIAL OR JUDICIAL NATURE If it involves the taking and evaluation of evidence, determination of facts based on the evidence presented, and the making of an order or decision supported by the facts proved. c.) CIVIL rather than CRIMINAL in nature

POLITICAL LAWheld COMMITTEE Such proceeding has been civil rather than criminal even

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, though the change before the agency is based upon a violation Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, of a penal law. However, it is not exempt from basic and Jaynee Dialola

procedural principles DUE PROCESS. RECOLETOS DEofMANILA SCHOOL OF LAW d.) NOT AN ACTION AT LAW

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Political Law Nor is it a litigation between private parties. It is not a private but a public one looking at private ends. It is neither preventive nor compensatory, but is preventive and remedial to implement a public policy.

JURISDICTION- power and authority to hear and decide the case. Elements: 1.) Jurisdiction over the subject-matter; and, 2.) Jurisdiction over the person of the defendant. NECESSITY It is essential to give validity to the determinations of administrative agencies. Without jurisdiction, their acts are void and open to collateral and direct attacks. An administrative tribunal has only such jurisdiction and power as are EXPRESSLY or by NECESSARY IMPLICATION conferred upon it by law. SOURCE The LAW itself. Administrative agencies are tribunals of limited jurisdiction. CONDUCT/WAIVER/ESTOPPEL AN ADMINISTRATIVE AGENCY cannot enlarge its jurisdiction nor can it be the subject of stipulation. DETERMINATION by an administrative agency of its existence is not conclusive upon courts. FAILURE TO EXERCISE POWER Failure of an agency for a long time to use an important power indicates a practical construction that the power does not exist. A FAILURE TO EXERCISE JURISDICTION DOES NOT RESULT IN ITS LOSS. Once, acquired, it is continuously possessed by the administrative tribunal. EXPIRATION OR REPEAL OF STATUTE Expiration of a statute may be held not to deprive an administrative agency of jurisdiction to enforce the statute was in force, where a GENERAL SAVING CLAUSE continues such liabilities.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola DOCTRINE OF PRIMARY JURISDICTION

RECOLETOS DE MANILA SCHOOL OF LAW

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Political Law If the case is such that its determination requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters or intricate questions of facts are involved, then relief must

first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of the court. PROCEDURE TO BE FOLLOWED  The procedure to be followed by Administrative agencies in the performance of the INVESTIGATORY, RULE-MAKING or ADJIDICATORY power, may be prescribed in the statute creating the agency or in the rules promulgated by the agency by authority of law.  The Rules of Procedure observed by administrative agencies are to be construed LIBERALLY in order to effect the JUST, SPEEDY, and INEXPENSIVE settlement and disposition of disputes between the parties.  Where the statute does not require any particular method of procedure to be followed by an administrative agency, the agency may adopt any reasonable method to carry out its functions. Compromise 

Arbitration

Parties make reciprocal concessions, which may be both agreed to avoid litigation or to put an end to one which is pending.



parties submit to a 3rd person who is disinterested, the resolution of their case.

NOTICE AND HEARING IN CONTESTED CASES In any contested case ALL PARTIES shall be entitled to notice and hearing which 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. Substantial compliance would suffice.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, RULES OF EVIDENCE Jaynee Dialola

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Political Law

 The agency may admit and give probative value of evidence COMMONLY ACCEPTED BY REASONABLY PRUDENT MAN in the conduct of their affairs.  Documentary evidence may be received in the form of COPIES or EXCERPTS, if the original is not available. Secondary evidence is admissible in administrative proceedings.

 Every party shall have the opportunity- RIGHT- to cross examine witnesses presented against him to submit rebuttal evidence.  The agency may take notice of judiciary cognizable facts and of generally cognizable technical or scientific fact within its specialized knowledge. 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 the request of any party before or during the hearing upon showing of general relevance. DECISION Every decision 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 the submission. FINALITY OF THE ORDER The decision of the agency shall be final and executory fifteen (15) days after the receipt of the copy thereof by the party adversely affected unless within the period, an administrative appeal or judicial review has been perfected. ONLY ONE (1) MOTION FOR RECONSIDERATION MAY BE FILED. LICENSING PROCEDURE Except in cases of WILLFUL VIOLATION of pertinent rules and regulations or when PUBLIC SECURITY, HEALTH or SAFETY REQUIRES LAW COMMITTEE otherwise, no licensePOLITICAL may be withdrawn, suspended, revoked or annulled CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, without notice hearing. Vanessa Alogoc,and Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law ADMINISTRATIVE 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.

PERFECTION OF ADMINISTRATIVE APPEAL  Administrative appeals 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 the appeal during the remaining 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 within which to perfect his appeal. EFFECT OF APPEAL The appeal shall stay the decision appealed from if the appellate agency does not direct otherwise, upon such terms as it may deem just.

FINALITY OF THE DECISION OF APPELLATE AGENCY In any contested case, the decision of the appellate agency shall become final and executory fifteen (15) days after receipt by the parties of a copy thereof. This is WITHOUT PREJUDICE to the right of the aggrieved party to file a petition for review in the regular courts. HEARING OFFICER Each agency shall have such number of QUALIFIED and competent POLITICAL LAW COMMITTEE members of Lady the Jay bar as hearing officers asPaulo may be necessary for Tristan the hearing CHAIRMAN: Gutierrez VICE-CHAIRMAN:Juan Abello, MEMBERS: Nicolas Hinayon, Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, andVanessa adjudication of contested cases. Jaynee Dialola

No hearing officer shall engage in the performance prosecuting RECOLETOS DE MANILA SCHOOL OFofLAW functions in any contested cases or any factually related case.

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Political Law

JUDICIAL REVIEW Decisions rendered by administrative agency shall be subjected to judicial review.

APPLICABILITY OF ADMINISTRATIVE RULES OF PROCEDURE The Rules of Procedure SHALL NOT BE APPLICABLE to: 1.) Congress 2.) Judiciary 3.) Supreme Court 4.) Constitutional Commissions 5.) Military establishments in all matters pertaining exclusively to the Armed Forces of the Philippines (AFP) 6.) Board of Pardons and Parole 7.) State Universities and Colleges 8.) Local Government Units

SETTLEMENT OF DISPUTES AND CONTROVERSIES BETWEEN AND AMONG GOVERNMENT OFFICES Secretary of Justice



Solicitor General

All cases involving ONLY QUESTIONS OF LAW shall be submitted to and adjudicated by the Secretary of Justice as Attorney General of the National Government and as EX OFFICIO legal adviser.



Cases involving MIXED QUESTIONS OF LAW or ONLY FACTUAL ISSUES.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

REQUISITES: ADMINISTRATIVE DUE PROCESS INCLUDES:

RECOLETOS DE MANILA SCHOOL OF LAW

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Political Law 1.) The RIGHT TO NOTICE, be it actual or constructive, of the institution of the proceedings that may affect a persons legal right; 2.) REASONABLE OPPORTUNITY TO APPEAR and defend his rights and to introduce witnesses and relevant evidence in his favor, by testimony or otherwise, and to controvert the evidence of the other party; 3.) A TRIBUNAL so constituted so as to give him reasonable assurance of honesty and impartiality and one of the competent jurisdiction; and

4.) A finding or decision by that tribunal supported by SUBSTANTIAL EVIDENCE presented at the hearing or at least ascertained in the records or disclosed to the parties affected. RIGHT TO COUNSEL IN ADMINISTRATIVE PROCEEDING It is not imperative in administrative investigations where the inquiries are conducted merely to determine whether there are facts that merit disciplinary measures against erring public officers and employees with the purpose of maintaining the dignity of government service. Q; How may an administrative proceeding be instituted? A: a.) By EX PARTE application; b.) By FILING OF A CHARGE or COMPLAINT by an aggrieved party; and, c.) In some cases, administrative agencies may institute proceedings on their own initiative, motion or complaint. NECESSITY FOR NOTICE AND HEARING General Rule: Notice and hearing ARE NOT ESSENTIAL to the validity of administrative action where the administrative body acts in the exercise of EXECUTIVE, ADMINISTRATIVE or LEGISLATIVE FUNCTIONS. Exception: If a public administrative body acts in a JUDICIAL or QUASIJUDICIAL MANNER and its acts are particular and immediate rather then general and prospective, the person whose rights property may be affected POLITICAL LAW COMMITTEE by the action is entitled to notice and hearing.

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu,or Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, BASIS: Statute Constitution. Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW WAIVER OF RIGHT TO NOTICE

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Political Law

RULE: A failure to comply with the requirements as to notice and process may result in a failure to acquire jurisdiction. Generally, the right to notice in an administrative proceeding MAY BE WAIVED.

DENIAL OF DUE PROCESS MAY BE CURED In the application of due process clause, what is ought to be safeguard is not lack of previous notice but the denial of the opportunity to be heard. There is no occasion to impute deprivation of due process where a party was subsequently heard or given the sufficient opportunity to be heard, especially where he did not raise the issue of denial of due process before the agency, for what due process contemplated is fairness or justice, the substance rather than the form being paramount. ELEMENTS OF RIGHT TO HEARING The right to a full hearing includes the right of the party interested or affected to: a.) prevent his case or defense or submit evidence, oral or documentary, in support thereof; b.) know the claims of the opposing party and to meet them; c.) cross-examine witnesses for a full and true disclosure of the facts; and, d.) submit rebuttal evidence. INVESTIGATION  

 

It may be held in PRIVATE. Informal proceeding held to solicit information. It has NO PARTIES. It is not a proceeding in which an action may be taken against another.

HEARING

There are PARTIES and ISSUES of law and of fact to be tried.  At the conclusion of the hearing, AN ACTION IS TAKEN which may affect the rights of the parties.  Parties are entitled to be POLITICAL LAW COMMITTEE present in person and by CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, counsel, participate in the Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, and entitled to be Jaynee hearing Dialola furnished a OF record RECOLETOS DE MANILA SCHOOL LAW of the proceeding. 

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Political Law CONSTITUIONAL REQUIREMENT OF NOTICE AND HEARING Notice and hearing, as the fundamental requirements of procedural due process, are essential only when an administrative body exercises its QUASI-JUDICIAL FUNCTION. In the performance of its executive or legislative functions, such as issuing rules and regulations, an administrative body need not comply with the requirements of notice and hearing.

PROCEEDINGS IN WHICH NO HEARING IS REQUIRED a.) Where the purpose of an administrative determination is to decide whether a right or privilege which an applicant does not possess shall be granted to him or withheld in the exercise of discretion vested by statute, notice and hearing is not necessary in the absence of an express or implied statutory provision therefor and a statute may provide for such determinations without requiring notice and hearing; b.) If no personal or property rights are involved, but only a “privilege”, notice or hearing may not be essential to due process of law even though the power exercised is recognized as quasi-judicial or adjudicatory, particularly where the Statute provides for their judicial review of administrative determination; c.) Where a right is granted conditionally and subject to termination, it may be withdrawn in accordance with the conditions subject to which it was received; d.) Where the proceeding or power exercised is legislative, executive or administrative or ministerial in nature; e.) Summary abatement of nuisance per se which affects the immediate safety of persons or property; f.) In summary proceedings of distraint or levy upon the property of delinquent taxpayer; and, g.) In the preventive suspension of public officer pending investigation. WAIVER OF RIGHT The right to a hearing or the right to particular elements of a fair trial may be waived.

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, DELEGATION OF AUTHORITY TO HEAR AND RECEIVE EVIDENCE Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

RECOLETOS DE MANILA SCHOOL OF LAW

RULE: While the power to decide resides SOLELY in the administrative agency vested by law, this does not preclude a delegation of the power to 28

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Political Law hold a hearing on the basis of which the decision of the administrative agency will be made.

CONDITIONS: a.) It would suffice if the judgment and discretion finally exercised by the officer authorized by law. He is not precluded from utilizing, as a matter of practical administrative procedure, the aid of subordinates to investigate and report to him the facts, on the basis of which the officer makes his decision. b.) Due process requirement must be observed. Due process and fair hearing do not require the actual taking of testimony before the same officer who will make the decision in the case. As long as the party is not deprived of his right to present his own case and submit evidence in support thereof, and the decision is supported by the evidence on record. c.) The proper officer must act on his own independent judgment. He must act on his own independent consideration of law and fact of the controversy in arriving at a decision. RATIONALE: Sub-delegation of Power The reduction of existing delays in regulating agencies requires the elimination of needless work at top levels.

POLITICAL LAWhas COMMITTEE This sub-delegation of power been justified by “SOUND

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, PRINCIPLES OF Chrix ORGANIZATION” which those at theAlvaran, top Vanessa Alogoc, Mignon Cu, Grace Binuya, Jean Paul demand Dato, Dannathat Buenaventura, Rosyn Jaynee attention Dialola level be able to concentrate their upon the larger and more

importantRECOLETOS questions of policy and practice, and their time be freed, so DE MANILA SCHOOL OF LAW

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Political Law far as possible from the consideration of the smaller and far less important matters.

RULES OF EVIDENCE IN ADMINISTRATIVE PROCEEDINGS An administrative agency is NOT BOUND by the strict rules governing the reception of evidence in court proceeding. The obvious purpose is TO FREE ADMINISTRATIVE BODIES from the compulsion of applying technical rules so that the mere admission of matters that would be deemed incompetent in judicial proceedings would not invalidate the administrative determination. THE FOLLOWING JUDICIAL RULES DO NOT APPLY TO ADMINISTRATIVE PROCEEDINGS:

b.)

a.) Best evidence rule Res inter colios acta - transaction between two (2) parties should not be used against a 3rd party. c.) Res gestae d.) Expert and opinion rule e.) Privileges of witnesses f.) Proper authentication of records g.) Use of interrogatories h.) Rule as to contradiction of one’s own witness

ESSENTIAL RULES OF EVIDENCE APPLICABLE TO ADMINISTRATIVE PROCEEDING

POLITICAL LAW COMMITTEE

a.) Giving of evidence under oath; CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Mignon Chrixmust Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, b.) Alogoc,Evidence have probative value; Jaynee Dialola c.) d.) e.)

Proper allocation of burden of proof; RECOLETOS DE MANILA SCHOOL LAW Right to know evidence submitted or to OF be considered; Inspection of documents;

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Political Law f.) g.)

Cross-examination of witnesses; and, Officer evidence in explanation or rebuttal.

BURDEN OF PROOF. In administrative proceedings, the complainant has the burden of proving by substantial evidence, the allegations.

SUBSTANTIAL EVIDENCE- relevant evidence which a reasonable mind will accept to make a conclusion. HEARSAY RULE. Hearsay evidence is GENERALLY HELD ADMISSIBLE in proceeding before administrative agencies, at least for a limited purpose, especially when not objected to. It may be used for the purpose of SUPPLEMENTING or EXPLAINING ANY DIRECT EVIDENCE. EXCEPTION: Hearsay evidence has been held INADMISSIBLE, at least where the issue is not a matter of opinion such as valuation of property BUT PURELY A QUESTION OF FACT WHICH IS SUSCEPTIBLE OF ACCURATE DETERMINATION. ADMISSIONS AND DECLARATIONS

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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Political Law

ADMISSIBLE

 



INADMISSIBLE

Dying declarations Declarations of deceased person against interest Other admissions/declarations against interest



Self-serving declarations

AGENCY FILES AND RECORDS An administrative agency may take notice of data on file or results reached by it in other cases where such is known and there is adequate opportunity for rebuttal.

SECRET OR CONFIDENTIAL INFORMATION It is a GENERAL RULE that in adjudicatory proceedings involving primarily the interests of private litigants, information cannot be withheld from the parties on the ground that it is of confidential nature and at the same time be used as a basis for decision by administrative agency. REASONS: Necessity of Express Findings a.) so that it may be known upon what the action of the administrative agency is based as well as to protect and assure the parties against careless and arbitrary action; b.) to enable the courts to perform their function of review, particularly to determine whether the administrative agency has kept within its jurisdiction and decide the cases upon the evidence and the law; and, c.) to give the reviewing court the assistance of an expert judgment on matters entrusted to the agency for initial determination.

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, FORM OF DECISION Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

NO particular form is required, unless otherwise provided by the statute. RECOLETOS DE MANILA SCHOOL OF LAW 

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Political Law It would suffice if it is definite and certain in order to inform the party what is required to be done and to enable the courts in the proper case to force them.  An administrative body should render its decisions in such a manner that the parties to the proceeding can know the various issues involved and the reasons for the decisions rendered, which necessarily would require a finding of fact. 

ADMINISTRATIVE AGENCY IS A COLLEGAITE BODY The powers and duties of an administrative agency or board, composed of members or commissioners, may not be exercised by the individual members thereof separately. Their acts are official only when done by the members convened in session, upon a concurrence of at least a majority and with at least a quorum present. POWER OF ADMINISTRATIVE AGENCIES TO MODIFY THEIR DECISIONS RULE:

Administrative determinations are subject to reconsideration and changes so long as no rights have vested in the meantime by reason thereof, and so long as they have not passed beyond the contract of the administrative authorities, as where the determinations are not final but interlocutory or the powers and jurisdiction of the administrative authorities are continuing in character.

GROUNDS: a.) fraud in imposition b.) mistake c.) surprise d.) inadvertence e.) newly discovered evidence f.) to meet changing situations/conditions, whether by reason of express statutory provisions granting power of revision or by reason of principles applied by courts. DOCTRINE OF RES JUDICATA The principle of res judicata embraces two (2) concepts: a.) Bar by former judgment; POLITICAL LAW COMMITTEE b.) Conclusiveness of judgment.

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola REQUISITES:

RECOLETOS DE MANILA SCHOOL OF LAW

a.) it must be a final judgment;

33

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Political Law b.) the court which resolved it must have jurisdiction over the subject matter and the parties; c.) there must be identity between the two (2) cases, the parties, subject matter and cause of action.

RULES IN APPLYING THE DOCTRINE The doctrine has been applied to administrative action that has been characterized by the courts as ADJUDICATORY, JUDICIAL or QUASI-JUDICIAL, while to administrative determinations of ADMINISTRATIVE, EXECUTIVE, or MINISTERIAL nature, the rules of res judicata have been held to be inapplicable.  The decision or order of the administrative agency rendered pursuant to its QUASI-JUDICIAL power which has become FINAL and EXECUTORY, has the force and binding effect of RES JUDICATA.  The decision or order is as CONCLUSIVE UPON THE RIGHTS of the affected parties as though a court of general jurisdiction had rendered the same. 

The principle of res judicata may not be invoked in labor relations proceedings considering that they are non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law.  Where an administrative determination has been reviewed by the courts, the res judicata, if any, attaches to the courts’ judgment rather than to the administrative decision.  Only a valid and final judgment can be res judicata, and lack of jurisdiction either of the person or of the subject matter precludes an administrative determination from being res judicata. 

ADMINISTRATIVE APPEAL AND REVIEW HIERARCHY: Types of Administrative Appeal

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo of Abello, MEMBERS: Nicolas Tristan Hinayon,to 1.) That which inheres in the relation administrative superior Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, administrative subordinates where determinations are made at lower Jaynee Dialola levels of the same agency or department; RECOLETOS DE MANILA SCHOOL OF LAW 2.) That embraced in the statutes which provide for a determination to be made by a particular officer or body subject to appeal, review or re-

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Political Law determination by another officer or body in the same agency or in the same administrative system; 3.) That in which the statute makes or attempts to make a court a part of the administrative scheme by providing in terms or effect that the court, on review of the action of an administrative agency, shall exercise powers of such extent that they differ from ordinary judicial functions and involve a trial de novo of matters of fact or discretion and application of the independent judgment of the court; 4.) That in which the statute provides that an order made by a division of a commission or board has the same force and effect as if made by the commission subject to a rehearing by the full commission, for the “rehearing” is practically an appeal to another tribunal; 5.) That in which the statute provides for an appeal to an officer on an intermediate level with subsequent appeal to the head of the department or agency; and, 6.) That embraced in statutes which provide for appeal at the highest level, namely the President. OTHER RULES regarding REVIEW/APPEAL a.) The review must not be whimsical or arbitrary or devoid of substantial basis; b.) It must be exercised within the limits of the law, if substantive rights are to be protected and justice is to be uphold;

c.) The reviewing officer must be other than the officer whose decision is under review; d.) Decisions/ orders which have become final and executory are not subject to review- stare decisis et non quieta movere. ENFORCEMENT OF ADMINISTRATIVE DETERMINATIONS RULE:

Administrative determinations are enforceable only in the manner provided by statute. In the absence of statute, administrative authorities may not enforce thei own determinations.

METHODS OF ENFORCEMENT 1.) focusing of public opinion; POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Abello, MEMBERS: Nicolas Tristan Hinayon, 2.) revocation, suspension or a refusal to Paulo renew license; Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, 3.) refusal to grant clearance papers; Jaynee Dialola 4.) withholding or denying benefits; RECOLETOS DE MANILA SCHOOL OF LAW 5.) imposing conditions; 6.) seizure and sale or destruction of property; 35

RECOLETOS NOTES CENTRALIZED BAR OPERATIONS 2006

Political Law 7.) exclusion and deportation aliens; 8.) suspension, revocation or cancellation of certificates conveniences; 9.) imposition and collection of penalties and surcharges; and, 10.)imposition of administrative fines and forfeitures.

of

public

LEGISLATIVE ENFORCEMENT It is within the competence of the Congress to impose appropriate obligations and sanction their enforcement by reasonable money penalties giving to executive officers the power to enforce such penalties without the necessity of invoking judicial power.  Congress is without power to authorize a purely administrative official to determine whether the crime defined by law has been committed and so to inflict punishment.  Administrative penalties such as fines, surcharges, seizures and sale or destruction of property and forfeitures in internal revenue cases are regarded as civil and remedial rather than criminal or punitive in nature. 

JUDICIAL ENFORCEMENT RULE:

Except as may be otherwise provided by statute, administrative agencies generally have no power to enforce decisions or orders which can only be done by the courts.

PRIMARY OBJECT: To enable such agency, by invoking the power of the court, to mobilize the judicial authority in carrying out the policy of the statute. Such provision constitutes courts and administrative agencies collaborative instrumentalities of justice and not business rivals JUDICIAL REVIEW

POLITICAL LAW COMMITTEE

CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, GENERAL RULE: No inherent right to appeal. Jaynee Dialola

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Political Law An Administrative decision may be appealed to the courts of justice only if the Constitution or the law permits it or if the issues to be reviewed involve question of law. It is a recognized principle that courts of justice will generally not interfere in executive and administrative matters which are addressed to the sound discretion of the governent agencies. EXCEPTIONS: In the caes of the Constitutional Commissions, it is provided that “unless provided in this Constitution or by law, any decision, order or ruling of the Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof.  When it comes to questions of law, administrative decisions are appeallable to the courts of justice even without legislative permission. 

BASIS: Inherent power of the Judiciary Checks and Balances

METHODS OF REVIEW a.) Constitutional fiat b.) Statutes c.) Rules of Court DOCTRINE OF PRIMARY JURISDICTION OR PRIOR RESORT If the case is such that its determination requires the expertise, specialized skills and knowledge of proper administrative bodies because technical matters or intricate questions of fact are involved, then relief must first be made in an administrative agency before a remedy will be supplied POLITICAL LAW COMMITTEE by the courts even though the matter is within the proper jurisdiction of the CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, courts. Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Dialola It applies where a claimJaynee is originally cognizable in the courts and RECOLETOS DE MANILA SCHOOL OF LAW comes into play whenever enforcement of the claim requires the resolution of the issues which, under a regulatory scheme, have been placed within the

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Political Law special competence of an administrative body; in such case, the judicial process is suspended pending referral of such issues to the administrative body for its view. RATIONALE/REASONS: 1.) Interpretation of contracts and the determination of private rights thereunder is no longer a uniquely judicial function, exercisable only by our regular courts; 2.) Uniformity and consistency in the regulation of the business entrusted to an administrative agency are secured.

EXCLUSIVENESS OF ADMINISTRATIVE JURISDICTION When the law bestows upon a government body, the jurisdiction to hear and decide cases involving specific matters, it is to be presumed that such jurisdiction is exclusive, unless it be proved that another body is likewise vested with the same jurisdiction, in which case, both bodies have concurrent jurisdiction.

REASON: To ensure consistency in administrative findings and also because of conceded expertise of the administrative agencies as compared to judicial tribunals.  Doctrine of Separation of Powers. 

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES An administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of POLITICAL LAW COMMITTEE justice for review. CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrixcourt Cu, Grace Binuya, Jean Paulprosper Dato, Danna Buenaventura, Recourse through action cannot until after all Rosyn suchAlvaran, Jaynee Dialola

remedies would have first been exhausted.

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Political Law RATIONALE: When an adequate remedy may be had within the Executive Department of the Government, but nevertheless a litigant fails or refuses to avail himself of the same, the judiciary shall decline to interfere

POLITICAL LAW COMMITTEE CHAIRMAN: Lady Jay Gutierrez VICE-CHAIRMAN:Juan Paulo Abello, MEMBERS: Nicolas Tristan Hinayon, Vanessa Alogoc, Mignon Chrix Cu, Grace Binuya, Jean Paul Dato, Danna Buenaventura, Rosyn Alvaran, Jaynee Dialola

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