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Administrative Law, De Leon 2003 Page 5 of 14

Administrative Law

It is that branch of modern law under which the executive department of Government acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct the individual for the purpose of promoting the well-being of the community as under the laws regulating public corporations, business affected with public interest, professions, trades and callings, rates and prices, laws for the protection of the public health and safety and the promotion of public convenience and advantage. -DEAN ROSCOE POUND

(BEIW)

Branch of modern law

Executive department (Quasi-Judicial & Quasi-Legislative)

Interferes with the conduct of individuals

For the purpose of the well-being of the community

Scope of Administrative Law

(OEPA-RJRE)

-Organization

-Enforcement and Execution

-Public Officers

-Administrative Agencies

-Remedies

-Judicial Review

-Rules and regulations implementing Laws

-Established Jurisprudence

Administrative Authorities all those public officers and organs of the government that are charged with the amplification, application and execution of the law, but do not include, by virtue of the doctrine of separation of powers Congress and regular courts

CONCERNS (P-D)

1. Private rights

2. Officers and agencies exercising delegated powers

ADMIN LAW v. INTERNATIONAL LAW

Administrative law lays down rules which shall guide the officers & Agencies while International law is not binding upon them except when adopted as administrative law of the state.

ADMIN v CONSTI

Constitutional Law (GTL)

Administrative Law (P-RE-R)

-Prescribes general plan or framework of governmental organization

-Gives out plans in its minutes details.

-Treats rights of individuals

-Stress upon rights & emphasizes government powers and duties of Citizens

-Prescribes limitations on the power of the government

-Remedies for violation of their rights

ADMIN v. CRIM

Criminal Law Defines and penalizes crimes while the most efficient means of enforcing Administrative rule is to give it a penal sanction but does not deprive such rule of its administrative character.

ADMIN v. PUBLIC ADMINISTRATION

Public Administration has to do with practical management, direction of various organs of state, execution of state policies by the executive and administrative officers entrusted with such functions

The true field of Administrative law refers only to the external aspect of public administration (narrower bulk of public administration).

CALLING MR. PING GUERERO and MS. FE PEA! Hahahah #PUSO

Principal Subdivisions of Administrative law (IGA -EAP)

1.Internal Administration treats the legal relations between the government and its administrative officers, and of the legal relations that one administrative officer or organ bears to another among others.

2.External Administration Concerned with legal relations between Administrative authorities and private interests.

Survey of powers

Analysis of scope and limits of such powers

Account of the sanctions, means of enforcing, official determinations.

Examination of remedies against official action

Classification of Administrative law

As to source (C-M)

- the law that controls administrative authorities

- the law made by administrative authorities

As to its purpose (P-S)

- Adjective or procedural administrative law (AGENCY must follow)

- Substantive Administrative law (ESTABLISH primary right and duties)

As to applicability (G-S)

-General Administrative Law

-Special or particular administrative law (pertains to particular agencies)

Origin and development of Administrative law (RecognitionMultipliedGrowthFusionLaw)

Recognition as distinct category of law-Due to rapid expansion of administrative agencies and increased functions that substantial body of jurisprudence has been developed.

Multiplied Government functions

Growth and utilization of administrative agencies

Fusion of Different powers of government in Administrative Agencies

Law in the Making

Advantages of Administrative Process

Administrative Process includes the whole series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular situations. (S-L-M)

Advantages of Administrative adjudication as compared with executive action

-uniformity and impersonality of action

-Resort to administrative process as an alternative to executive action

Limitations upon the powers of courts

-involves discretion with respect to future conduct, hence, will not be undertaken by the courts.

Trend towards preventive legislation

-flexible and preventive remedies

-Prevention in licensing statutes

Limitations upon effective legislative action

-Administrative functions could not be directly performed by congress. Limitations inherent in legislative process. (time is gold, wala silang oras hahaha)

Limitations upon exclusively Judicial enforcement

-courts vary in their application as laws

Advantages of continuity of attention and clearly allocated responsibility

-administrative agencies have the time and facilities to become and continuously informed with unified responsibility for effectuating the broad policies laid down by congress.

Need for organization to dispose of volume of business to provide the necessary records

Criticisms of Administrative process (AL2BDC)

-Arbitrariness

-lacking Legal knowledge

-Bias

-lacking Standard rules

-Disregard of safeguards

-Combination of executive, legislative, and judicial functions

Administration of Government Administrative officers

Administration of Justice- Judicial Officers

Administration

Function

- is the execution, in non-judicial matters, of the law or will of the state as expressed by the competent authority

Organization

Group of aggregate of persons in whose hands the reins of the government are for the time being (U.S. v DORR).

GOVERNMENT

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 social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them. Government is the aggregate of authorities which rule a society (US v. DORR).

CHAPTER II

ADMINISTRATIVE AGENCY

A body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out the laws entrusted to it for enforcement or execution.

An organ of government, other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule making.

Creation and Abolition (CSB)

- Constitution

- Statute; or

- by authority of law

Purpose -Regulation of private rights for public welfare

Directly created Administrative Agencies

COA, CSC, COMELEC, OMBUDSMAN, CHR

POWERS OF ADMINISTRATIVE AGENCIES

Quasi-legislative or Rule Making power

Definition - Power to issue administrative rules and regulations or general orders which are legally binding

Source - Legislature thru valid delegation

Delegation - Completeness test / Sufficient standard test

Quasi-Judicial Power or Adjudicatory powers

Definition - Power of the administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found.

Source Legislation

Determinative powers of an administrative agency

- enabling powers

- directing powers

dispensing power

summary powers

examining powers

ADMINISTRATIVE AGENCY

COURT

Filled with experts in their particular fields

Presided by one or more jurist learned in law

Performs variety of functions (primarily regulatory

Limited to Judicial function

Uses varying degree of discretion without being bound by technical rules of evidence or procedure

Governed by the fix rules in arriving at decisions (i.e. Rules of Court)

Characteritics of Administrative Agencies (S2R-V)

-Size

-Specialization

-Responsibility for results (with a particular statutory end

-Variety of administrative duties

Four types of Delegation of Function and Authority (IRDF)

a. Delegation of Internal Management

b. Delegation of authority to dispose of routine matters

c. delegation of authority to dispose of matters informally, or to initiate formal proceedings

TYPES OF ADMINISTRATIVE AGENCIES

(OCBRUA)

a. Offering some Gratuity (SSS, GSIS, PAO)

b. seeking to carry on certain functions of government (BIR, LRA,)

c. Performing business service for the public (NFA, NHA)

d. set up to function in situations wherein government is seeking to regulate businesses affected with public interest

(LTFRB)

e. seeking under the police power to regulate private business and individuals

f. seeking to adjust individual controversies because of some strong policy involved (NLRC, DAR)

Administrative Organization

-refers to the administrative structure of the government including its political subdivisions and the allocation of powers, functions, and duties to its various units or agencies.

Organization of the Office of the President (P2ES)

Shall consist of

-Private Office (personal & family affairs)

-Executive Office (Exec. Secretary for requirements of the president to achieve purpose and objectives of the office)

-Staff Support System (development and management, general government administration and internal administration)

-Presidential Special Assistants/Advisers (consultative services)

Those offices under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and proper coordination, not placed by law or order creating them under any special department.

Subject to

-restructuring

-transfer of functions

-transfer agency

ORGANIZATION DEPARTMENTS

Department refers to an executive department created by law. It includes instrumentality having or assigned the rank of a department, regardless of its name or designation.

Nature, purpose, Decentralization.

-functional distribution

-to insure capacity to plan

-achieve simplicity and efficiency

-to reduce free red tape

Department shall haves services of:

-planning

-financial management

-administrative service

-Technical service

-legal service

ORGANIZATION OF BUREAUS

Bureau refers to any subdivision or unit of any department, performing a single major function or closely related functions.

Staff- Policy program development and advisory functions

Line- Directly implement programs adopted pursuant to department policies and plans

Supervision and Control (ADRDP)

Administrative Supervision (ORTR)

Attachment

-to act directly whenever specific function

-oversee operations w/o interfering day to day basis

Lateral realtionship between departments

-Direct performance of duty

-require submission of reports, performance evaluation, inspection

Representation

-review revise, approve acts and decisions

Take actions rectification of violations

Compliance to period reposting

-determine priorities

Review and pass upon budget proposals

Provide general policies through representative

-prescribe standards, guidelines plans, programs

Government Owned Controlled Corporation - any agency organized as a non-stock or stock corporation vested with functions relating to public needs whether governmental or propriety in nature and owned by the government directly or through its instrumentalities either wholly or where applicable as in the case of stock corporations to the extent of atleast fifty one ( 51%) of its capital stock/ Majority of its members are government officials holding such membership by appointment or designation, or there is otherwise substantial participation of the government in the selection of the corporations governing board.

-51%

-Majority are Government Officials

-substatial participation of government

Regulating Agencies - any agency with jurisdiction to regulate administer, adjudicate matters affecting substantial rights & interests of private persons powers by collective body.

Instrumentality any agency of the national government not integrated within the department framework vested with special functions or jurisdictions by law. The term includes regulatory agencies, chartered institutions and government owned and controlled corporations

Chapter III

POWES and FUNCTIONS of administrative Agencies

Function-bound to do

Power-the means by which a function is fulfilled

SOURCE-Legislature thru valid delegation

Powers of Administrative Agencies are classified.

-as to nature (I-Ql-QJ)

a.Investigatory powers

b.quasi-legislative or rule-making power

c.quasi-judicial or adjudicatory power

-as to degree of subjective choice(D-M)

Discretionary or Ministerial

Doctrine of Necessary Implication- all powers necessary for the effective exercise of the express powers are deemed impliedly granted.

-Administrative agencies only exercise such powers as are expressly or by necessary implication conferred on them by law. They can only adjudicate matters coming within their jurisdiction.(RCPI v. Santiago imposition of fines) in RCPI v NTC hindi naipadala yung sulat haha.

Discretionary and Ministerial powers

Discretionary- person or persons exercising it may choose which of several courses will be followed. It is based according to the dictates of their own judgment and conscience, and not controlled by the judgment or conscience of others.

Ministerial- is one in respect to which nothing is left to discretion. It is a simple, definite duty arising under conditions admitted or proved to exist, and imposed by law.

A. INVESTIGATORY POWERS

-the power of an administrative body to inspect the records and premises and investigate the activities of persons, premises, and investigate the activities of a person or entities coming under its jurisdiction (Secretary of Justice v. lantion) or to secure, or to require the disclosure of information by means of accounts records reports statements, testimony of witnesses, production of documents, or otherwise.

3 Basic principles in administrative investigations initiated by a complaint

1. The burden is on the complainant to prove his allegations by substantial evidence;

2. The findings of facts made therein are to be respected as long as they are supported by substantial evidence;

3. The administrative decision or finding can only be set aside on proof of gross abuse of discretion, fraud or error of law (Montemayor v. Bundalin).

Scope and Extent of Powers

-must be exercised within the limits prescribed and bear a reasonable and legitimate relationship to the general powers granted

1. Initiation of investigation

2. Conduct of investigation-Private

3. Inspection and examination

4. Requirement as to records accounts

5. Requiring attendance of witnesses, giving of testimony and production of evidence

6. Hearing (not required)

7. Application of technical rules of procedure and evidence

-the test of judicial function is not the exercise of judicial discretion, but the power and authority to adjudicate upon the rights and obligations of the parties before it (Ruperto v. Torres).

C. Rule-Making Powers

- Power to issue administrative rules and regulations or general orders which are legally binding

Exception to non-delegation of legislative power (S2) eto yung sufficient/standard test

However, the essential legislative functions may not be delegated to administrative agencies and in this sense, it said that administrative agencies have no legislative power and are precluded from legislating in the strict sense

What may be granted to an administrative agency is rule-making power to implement the law entrusted to enforce. Provided;

1.Statute is complete in itself, setting forth the policy to be executed by the agency; and

2.Said statute fixes a standard, mapping out the boundaries of the agencys authority to which it must not conform

Requisites for validity of Administrative Rules and Regulations (MEMORIZE)

Its promulgation must be authorized by the legislature.

It must be within the scope of the authority given by the legislature.

It must be promulgated in accordance with the prescribed procedure.

A. Notice and Hearing

Fortune tobacco doctrine- when an administrative rule goes beyond merely providing for the means that they can facilitate or render less cumbersome the implementation of the law substantially increases the burden of those governed, it behooves the agency to accord at least those directly affected a chance to be heard and thereafter to be duly informed, before the issuance is given the force and effect of law

-A failure to comply with the requirements as to notice and process may result in a failure to acquire such jurisdiction.

-in the application of the principle of due process, what is ought to be safeguarded is not lack of previous notice but the denial of the opportunity to be heard

B. Publication

It must be reasonable

-must involve public welfare

-the method employed must be reasonably related to the purpose of the rule

- not arbitrary

-must declare the legislative policy

A valid Rule and Regulation duly promulgated by an administrative agency has the force and effect of law. It may not be used either to abridge the authority given by Congress or Constitution, or to enlarge its power beyond scope intended.

HUWAG MASYADONG HOT..15 MINUTES BREAK

REQUISITES OF A VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION

The law itself must make violation of the administrative regulation punishable.

The law itself must impose and specify the penalty for the violation of the regulation.

The regulation must be published.

Interpretative regulation

- issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify its provisions for proper observance by the people. (e.g. circulars)

Legislative regulation

Supplementary - intended to fill in the details of the law and to make explicit what is only general.

Contingent issued upon the happening of a certain contingency which the administrative body is given the discretion to determine or to ascertain and on the basis thereof, enforce or suspend the operation of a law

CLASSIFICATION OF ADMINISTRATIVE REGULATION

-Legislative rules are in the nature of subordinate legislation and designed to implement a primary legislation by providing the details thereof. They usually implement existing law, imposing general, extra-statutory obligations pursuant to authority properly delegated by Congress and effect a change in existing law or policy which affects individual rights and obligations

-Interpretative rules are intended to interpret, clarify or explain existing statutory regulations under which the administrative body operates. Their purpose or objective is merely to construe the statute being administered and purport to do no more than interpret the statute. Simply, they try to say what the statute means and refer to no single person or party in particular but concern all those belonging to the same class which may be covered by the said rules.

-Contingent rules are those issued by an administrative authority based on the existence of certain facts or things upon which the enforcement of the law depends.

(Republic v. Drugmakers)

Procedural Rules- refers to those describing the methods by which the agency will carry out its appointed functions.

Doctrine of Subordinate Legislation-Power of administrative agency to promulgate rules and regulations on matters of their own specialization

Doctrine of Legislative approval by Re-Enactment- the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the legislature when said law was re-enacted by later legislation or through codification. The legislature is presumed to have full knowledge of the contents of the regulations then at time of re-enactment.

HALF WAY ALMOST FINISH!!!!!!!!!!!! Take a rest

D. ADJUDICATORY POWERS

It is the power of an administrative agency to hear and determine or to ascertain facts and decide by the application of rules to ascertained facts. Interpret and apply not only administrative regulations but laws entrusted to them.

Judicial power is the power to hear try and determine all sorts of cases of law and equity which are brought before courts

Two (2) conditions to the proper exercise of quasi-judicial power:

1. Jurisdiction must be properly acquired by the administrative body. It is conferred upon it by law.

Competence to act on a given matter or decide a certain question.

Rules of Procedure

Subpoena Power, Contempt Power

2. Due process must be observed in the conduct of the proceedings (NAE)

Notice and Hearing- the essence of due process in administrative proceedings is the opportunity to explain ones side or a chance to seek reconsideration of the action or the ruling complained

Appeals and Review (administrative)

Enforcement of Decision

-as provided by law

-may be invoke the court for the purpose

-by appeal to the force of public opinion

Includes the following powers if granted by the enabling act:

1. Implied Power to prescribe rules of procedure- valid until annulled by the supreme court

2. Subpoena Power- not inherent- may be exercised only if allowed by law and only in connection with the matter they are authorized to investigate

3. Contempt Power-must be expressly granted, and must be used only in the exercise of quasi-judicial function

Administrative Due Process- the essence of administrative due process in administrative proceedings is the opportunity to explain ones side or seek a reconsideration of the action or ruling complained of, and to submit any evidence a party may have in support of his defense. The demands of due process are sufficiently met when the parties are given the opportunity to be heard before judgment is rendered.(Lacson v Executive secretary)

Administrative Proceedings without need of a hearing (applicable only when it comes to procedural due process)

Requirements for administrative cardinal proceedings (Memorize):

1. Right to Hearing

2. Tribunal must consider the evidence presented

3.Decision must have something to support itself

4.Evidence must be substantial

5.Decision must be based on evidence adduced at the hearing or atleast contained in the records and disclosed to parties

6.Board or judge must act on its or his own independent consideration of facts and law of the case and not simply accept the view of the subordinate in arriving at a decision ;and

7. Decision must be rendered in such manner that parties to controversy can know various issues involved and the reason for the decision rendered. Shall state issues and reasons (Ang tibay v. CIR)

Quantum of Proof in administrative proceedings is Substantial Evidence- such relevant evidence that a reasonable mind might accept as adequate to support a conclusion (material, relevant, competent)

Not substantial evidence if Immaterial, irrelevant, based on hearsay

Operative Fact Doctrine- it nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored.

Administrative Res Judicata- forbids the reopening of a matter that has been determined by competent authority. Decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial authority have, upon their finality , the force and binding effect of a final judgment within the purview of the doctrine of res Judicata (applies only to judicial and Quasi-judicial proceedings not to purely administrative functions)

CLASSIFICATION OF ADJUDICATORY POWERS

1. Enabling permits the doing of an act which the law undertakes to regulate and which would be unlawful without government approval, i.e., issuance of license by LTO

2.Directing- orders the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes, i.e., order of reinstatement of NLRC

a. Dispensing to relax the general operation of a law or to exempt from general prohibition, or relieve an individual or a corporation from an affirmative duty, i.e. exemtions granted by BIR

b. Examining also called investigatory power consists in requiring production of documents; the attendance of witnesses compelling their testimony, i.e, exemptions granted by BIR

c.Summary power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions; i.e. summary abatement of nuisance per se.

Other powers and functions (LFI)

A. Licensing enabling or approving

-action of administrative agency denying, granting, revoking, suspending, a license permit is purely administrative but quasi-judicial or adjudicatory since it is dependent upon the ascertainment of facts by administrative agency upon which a decision is to be made and rights and liabilities determined.

B.Fixing rates and charges

1. Quasi-Legislative function- the rates are meant to apply to all enterprises of a given kind throughout the country (prior notice and hearing not required)

2.Quasi-Judicial Function- rates apply exclusively to a particular party, based upon a finding of fact (notice and hearing required)

Factors to consider in rate fixing

a.rates should not be confiscatory

b. should provide reasonable return on investments

c. must be reasonable and just

Administrative agencies can be empowered to provisionally approve rates of public utilities even without a hearing or ex-parte

C.INVESTIGATIVE

Administrative agencies can be authorized to make investigations for a limited purpose which is to obtain information on which the future action of a legislative or judicial nature may be taken.

CHAPTER IV

Separation of Administrative and other Powers

(inulit lang yung iba!! NAKAKATAMAD na kung ilalagay ko pa)

Doctrine of Separation of powers- declares that governmental powers are divided among the three departments of the government, the legislative executive and judicial, and broadly operates to confine legislative powers to the legislature, executive powers to the executive, and judicial powers to the judiciary, precluding one branch of the government from exercising or invading powers of another

- a certain degree of blending or admixture of the three powers of government, particularly in administrative agencies, is well recognized.

Doctrine of Non-Delegation of Powers-prohibits the delegation of legislative power, the vesting of judicial officers with non-judicial functions as well as the investing of non-judicial officers with judicial powers.

-The power conferred upon an administrative agency to issue rules and regulations necessary to carry out its functions as a regulatory body, has been held to be an adequate source of authority, as a matter of practical administrative procedure, to delegate a particular function(Realty venture v. Sendino)

Exception to Doctrine:

-in administrative agencies

-delegation of tariff powers & emergency powers

CHAPTER V

ADMINISTRATIVE PROCEEDINGS (inulit lang din hahaha aralin ang first 1-3 kasi yung 4 and 5 chapters eh nadiscuss na)

Institution of Administrative proceedings (EFO)

1. EX parte applications

2. Filing of a charge or complaint

3.under other statues particular administrative agencies may institute proceedings on their own initiative, motion, or complaint

INVESTIGATION

HEARINGS

Investigation by government officials, which may be held in private are informal proceedings to obtain information to govern future actions, have no parties, and are not proceedings in which action is taken against anyone

In hearings there are parties and issues of law and of fact to be tried and at the conclusion of the hearing, action is taken which may affect the rights of the parties, and parties are entitled to be present in person and by counsel, participate in the hearing, and entitled to be furnished a record of proceedings

-Administrative proceedings not bound by technical rules of procedure.

-Administrative Agency as a collegiate body. The powers and duties of an administrative agency or board composed of members or commissioners may not be exercised by the individual members separately.

-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 the control of administrative authorities, as where the determinations are not final but interlocutory, or where the powers of the administrative authorities are continuing in character.

CHAPTER VI JUDICIAL REVIEW (last part promise FOCUS ON DOCTRINES-Galingan magdistinguish)

Administrative Decisions may be appealed to the Court of Justice if allowed :

By the Constitution

By law

where the question to be reviewed is a question of law.

Judicial review of an administrative decision may be appealed to courts of justice only if the constitution or the law permits it or if the issues to be reviewed only involve questions of law.

Except when the Constitution requires or allows, judicial review may be granted or withheld as congress chooses. Thus, the law may provide that a determination made by an administrative agency shall be final and not reviewable. In such a case there is no violation of due process.

It should be remembered that quasi-judicial powers will always be subject to true judicial power that which is held by the courts. Indeed under the expanded jurisdiction of the Supreme Court it is empowered to determine whether or not there has been grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of the branch of instrumentality of the government

Review when made: (VJQ2)

1.to determine validity or constitutionality of any executive order or regulation

2.To determine jurisdiction of administrative board or commission or officer

3.to determine any other questions of law

4.to determine questions of fact

a. Constitutionality or jurisdiction

b.Commission of abuse of authority

c. When administrative fact finding body is unduly restricted by an error of law

-Where, when, how to appeal- involving Questions of fact, law, & mixed, to Court of Appeals within 15 days from notice of final order or publication. Only one motion for reconsideration shall be allowed, may grant another 15 days extension if Petition for Review(filed in 7 legible copies with proof of service to the adverse party and or the court or agency a quo, the original copy of petition intended for the CA shall be indicated as such by petitioner) except for the most compelling reasons another 15 days extension.

QUESTION OF FACT

QUESTION OF LAW

The doubt or difference arises as to the truth or falsehood of the alleged facts

The doubt or difference arises to what the law is on a certain state of facts

The extent and manner of judicial review lies in the discretion of the legislature

May be appealed to the courts of justice independently of legislative permission, or even against legislative prohibition

General Rule: Factual findings of administrative agencies are accorded great weight and the courts are precluded from reviewing them.

Exceptions: (EVP2GSE)

1. Factual findings not supported by evidence

2. Findings are vitiated by fraud, imposition or collusion

3.Procedure which led to factual findings is irregular

4. Palpable errors are committed

5. Grave abuse of discretion, arbitrariness, or capriciousness is manifest

6.when expressly allowed by statute

7.Error in appreciation of the pleadings and in the interpretation of the documentary evidence presented by the parties

-In judicial review it is sufficient that administrative findings of fact are supported by evidence

-Substantial evidence is all that is needed to support an administrative finding.

INTERLOCUTORY

FINAL JUDGMENT

Refers to something intervening between the commencement and the end of a suit which decides some point on matter but is not a final decision of the whole controversy

One that finally disposes of a case leaving nothing more to be done by the court in respect thereto.

Administrative Res Judicata (Pinakamatinding notes na nagmula kay sir)

-Final judgment (judgment disposing all issues)

-Court has Jurisdiction (Subject matter & parties)

-Judgment on the merits

-Identity of parties/Subject matter

Cause of Action

-complainant has a right

-acts/ ommissions by defendant

-violation of defendant

BRANDEIS Doctrine of Assimilation of Facts (mixed Question of Law and Fact)- where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide the legal question, examine the entire record including the evidence if necessary.

DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION- No resort to Courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure

-A party aggrieved must not merely initiate the prescribed administrative procedure to obtain relief but also must pursue it to its appropriate conclusion

Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality, the reason being that absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm. It is only after Judicial review is no longer premature that a court may ascertain in proper cases whether the administrative action or findings are not in violation of law or are free from fraud or imposition or find substantial support from the evidence.

Exceptions to doctrine of finality

a. to an interlocutory order affecting merits of a controversy

b. to grant relief to preserve the status quo pending further action by the administrative agency

c. when it is essential to the protection of the rights asserted from the injury threatened

d. where an administrative officer assumes to act in violation of the constitution and other laws

e. where such order is not reviewable in any other way and the complainant will suffer great and obvious damage if the order is carried out

f. to an order made in excess or power, contrary to specific prohibition in the statute governing the agency and thus operating as a deprivation of a right assured by the statute.

DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION (Doctrine of prior resort)- the courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, where the question demands the exercise of sound discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters.

-Specialized administrative boards or commissions with the special knowledge, experience and capability shall hear and determine promptly disputes on technical matters or essentially factual matters, subject to judicial review in case of grave abuse of discretion

- The Regional Trial Court has no authority to make determinations at the first instance on matters referred by law to a specialized administrative body.

- The administrative process must continue up to the highest level before resort to judicial tribunals may be sought.

-Judicial process is suspended pending referral of such issues to an administrative body.

-the Doctrine applies only where the administrative agency exercises its adjudicatory function. Strictly speaking, the objective of the doctrine is to guide a court in determining whether it should refrain or not from exercising its jurisdiction.

Issues involve questions of law.- be that as it may, prior resort to an agency should be limited to questions of fact and questions requiring the skills of administrative specialists.

Purpose:

1. take full advantage of administrative expertness

2. Attain uniformity of application of regulatory laws.

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES-whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted.

-an administrative decision must be appealed to the administrative superior up to the highest level before elevating it to the court of review (Philhealth v. Chinese General Hospital).

Exceptions (P2 JI)

Purely question of law

act complained of is patently illegal.

urgent need for judicial intervention

Irreparable injury will be suffered.

Questions reviewable

Question of fact

Question of law

Applicability:

The principle applies only where the act of the administrative agency was performed pursuant to its quasi-judicial function and NOT when it pertains to its quasi-legislative power.

Exhaustion of administrative remedies is applicable when there is competence on the part of the administrative body to act on the matter complained of. Administrative agencies are not courts; neither are they part of judicial system nor they are deemed judicial tribunals.

Reasons for the Doctrine

1.to enable thee administrative superiors to correct the errors are committed by their subordinates

2.Courts should refrain from disturbing the findings of administrative bodies in deference to the doctrine of separation of powers

3. Courts should not be saddled with the review of administrative cases

4. Judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain, speedy, and adequate remedy.

Effects of failure to exhaust administrative remedies

-Court lacks Jurisdiction for lack of cause of action, resulting to its dismissal

-precludes action of replevin to recover a movable property which is the subject matter of administrative forfeiture

Exceptions (marami to e kung naaalala mo)

1. when there is violation of due process

2. when the issue involved is purely legal question

3. when the administrative action is patently illegal amounting to lack or excess of jurisdiction

4. when there is estoppel on the part of the administrative agency

5. when there is irreparable injury

6. when repondent is a department secretary whose acts as an alter ego of the president bears the implied and assumed approval of the latter

7. when to require exhaustion of administrative remedies would be unreasonable

8. when it would amount to nullification of a claim

9. when the subject matter is a private land in land case proceedings

10. when the rule does not provide a plain, speedy, adequate, remedy

11. when there are circumstances indicating the urgency of judicial intervention

12. when no administrative review is provided by law

13. moot academic

14. involves strong public interest

15. Writ of amparo cases

EXHAUSTION OF ADMINISTRATIVE REMEDIES

PRIMARY JURISDICTION

The administrative agency has authority to pass on every question raised by a person resorting to judicial relief and enables court to withhold its aid entirely until the administrative remedies had been exhausted

Both court and administrative agency have jurisdiction to pass on a question when a particular case is presented to court, as an original matter rather than a matter of review

The claim or matter is cognizable in the first instance by an administrative agency

The claim or matter is cognizable by both the court and administrative agency

The purpose of the rule is to control the timing of judicial relief from adjudicative action of an agency

Not concerned with judicial review but determines in some instances whether

initial action should be taken by a court or administrative agency

DOCTRINE OF RIPENESS FOR JUDICAL REVIEW-this determines the point at which the courts may review administrative action except that the former applies to administrative action other than adjudication

RIPENESS DOCTRINE

EXHAUSTION DOCTRINE

Focus upon the nature of judicial process-upon the types of functions the courts should perform

Focus on relatively narrow question of whether a party should be required to pursue an administrative remedy before goint to court

Applied to rule making not involving rule making and adjudication

Applied to adjudicative action of an administrative agency

RIPENESS DOCTRINE

PRIMARY JURISDICTION

Determines at what stage a party may secure judicial review of administrative action

Determines whether the court or the agency should make the initial decision

Arise whenever judicial review is available

Arise only ehwn administrative and judicial jurisdictions are concurrent for the initial decision of some questions

Judicial Review does not warrant trial de novo- does not import trial de novo (review all evidence) but only an ascertainment of whether the administrative findings are not in violation of the Constitution or of the laws, and are free from fraud or imposition, and whether they find reasonable support in evidence

PUBLIC OFFICE-is a public trust

Actors

1.trustor/benefactor(people)

2.trustee(Govt)

3.beneficiary(common good)

Is the right, authority and duty created and conferred by law by which for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public

- Right authority Duty

-conferred by law

-tenure fixed/pleasured the appointing

Person/Individual

-for the benefit of the people

-some sovereign function

PUBLIC OFFICERS(PASEM)

-Public trust

-Accountability

-Serve utmost responsibility integrity loyalty

-efficiency

-modest life

Public officers-vested with some sovereign power

Public Employee-contract/Public officer Created by law

Presumption of regularity of official acts

-absent of clear and convincing proof, the bare allegation that a public officer acted with malice on prejudice cannot be sustained(you can present the proof)

Public Official

Officer of the Government itself as distinguished from the officers and employees of instrumentalities of the government(works with department framework)