I. Administrative Law (E.g.

NLRC, SEC, PRC, Social Security Commission,

A. General principles Commission on Immigration and Deportation,
Q: Define Administrative Law. Philippine Patent Office, Games and Amusement
A: It is a branch of public law under which the Board, Board of Energy, and Insurance Commission)
executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes 3. Executive Orders/ Authorities of law
with the conduct of the individual for the purpose of (E.g. Fact-finding Agencies)
promoting the well-being of the community [NACHURA
2009). Q: What are the different kinds of administrative
agencies in the Philippines?
Q: What are the kinds of Administrative Law? A: The different kinds of administrative agencies in the
A: The following are the kinds of administrative law: Philippines are:
1. Statutes setting up administrative authorities; 1. Administrative bodies for regulation
2. Body of doctrines and decisions dealing with under police power (e.g. LTO)
the creation, operation, and effect of 2. Administrative bodies for regulation
determinations and regulations of such of businesses affected with public interest (e.g.
administrative authorities; Insurance Commission, LTFRB, NTC, HLURB)
3. Rules, regulations, or orders of such 3. Administrative bodies providing
administrative authorities in pursuance of the government grant or gratuity, special privilege (e.g.
purposes, for which administrative authorities Bureau of Lands, Phil. Veterans Admin., GSIS, SSS,
were created or endowed; and PAO)
4. Determinations, decisions, and orders of 4. Administrative bodies for carrying out
such administrative authorities in the the actual business of government (e.g. BIR, Customs,
settlement of controversies arising in their Immigration, Land Registration Authority)
particular field. 5. Administrative bodies for regulation
of private businesses and individuals (e.g. SEC)
Q: What is the reason for Administrative Law? 6. Administrative bodies that perform
A: The main purpose is to increase the function of the service for public benefit (e.g. Philpost, PNR, MWSS,
government. The three (3) important reasons for NFA, NHA)
administrative law are: 7. Administrative bodies for adjustment
1. Growing complexity of modern life; of individual controversies because of a strong social
2. Multiplication of the subjects of governmental policy involved (e.g. ECC, NLRC, SEC, DAR, COA)
regulations; 8. Administrative bodies for making the
3. Increased difficulty of administering the laws government a private party (e.g. GSIS)
(THE CONFERENCE OF MARITIME
MANNING AGENCIES, INC., et al v
PHILIPPINE OVERSEAS EMPLOYMENT Q: What is an agency?
ADMINISTRATION, G.R. No. 114714 April A: It refers to any of the various units of the
21, 1995). Government, including a department, bureau, office,
instrumentality, or government-owned or controlled
Q: Distinguish administration as a function and corporations, or a local government or a distinct unit
administration as an institution. therein (ADM CODE Sec 2).
A: Administration as a function is the execution, in
non-judicial matter, of the law or will of the State as Q: What is a department?
expressed by competent authority. Administration as A: It refers to an executive department created by
an institution is the group or aggregate of persons who law. For purposes of Book IV, this shall include any
actually run the government during their prescribed instrumentality, as herein defined, having or assigned
terms of office. the rank of a department, regardless of its name or
designation (ADM CODE Sec 2).
B. Administrative agencies
Q: What is an administrative agency? Q: What is a bureau?
A: It is an organ of government, other than a court and A: It refers to any principal subdivision or unit of any
the legislature, which affects the rights of private department. For purposes of Book IV, this shall include
parties either through adjudication or rule making. any principal subdivision or unit of any instrumentality
given or assigned the rank of a bureau, regardless of
Q: How are administrative agencies created? actual name or designation, as in the case of
A: By: department-wide regional offices (ADM CODE Sec 2).
1. 1987 Constitution
(E.g. CSC, COMELEC, COA, CHR, Commission on Q: What is an office?
Appointments, Judicial and Bar Council, NEDA and A: It refers, within the framework of governmental
Office of the Ombudsman) organization, to any major functional unit of a
2. Legislative Enactments department or bureau including regional offices. It may
1
 also refer to any position held or occupied by individual remedies (DEAR).
persons, whose functions are defined by law or A valid exercise of A valid exercise of
regulation (ADM CODE Sec 2). quasi‐ legislative quasi‐judicial power
power does not requires prior notice
Q: What is an instrumentality? require prior notice and hearing (except
A: It refers to any agency of the National Government, and hearing (except when the law
not integrated within the department framework vested when the law requires requires it)
within special functions or jurisdiction by law, endowed it)
with some if not all corporate powers, administering An issuance pursuant An issuance
special funds, and enjoying operational autonomy, to the exercise of pursuant to the
usually through a charter. This term includes quasi‐ legislative exercise of quasi‐
regulatory agencies, chartered institutions and power may be judicial function is
government-owned or controlled corporations (ADM assailed in court appealed to the
CODE Sec 2). through an ordinary Court of Appeals via
action. petition for review
Q: What is a government-owned or controlled (Rule 43).
corporation?
A: It refers to any agency organized as a stock or A. QUASI-LEGISLATIVE (RULE-MAKING) POWER
non-stock corporation, vested with functions relating to Q: Define quasi‐legislative power.
public needs whether governmental or proprietary in A: This is the exercise of delegated legislative power,
nature, and owned by the Government directly or involving no discretion as to what the law shall be, but
through its instrumentalities either wholly, or, where merely the authority to fix the details in the execution
applicable as in the case of stock corporations, to the or enforcement of a policy set out in the law itself. It is
extent of at least fifty-one (51) per cent of its capital the power to promulgate rules and regulations to
stock: Provided, That government-owned or controlled implement a particular law.
corporations may be further categorized by the
Department of the Budget, the Civil Service Q: What are the kinds of quasi‐legislative power?
Commission, and the Commission on Audit for A:
purposes of the exercise and discharge of their 1.Supplementary legislation Pertains to rules
respective powers, functions and responsibilities with and regulations to fix details in the execution of a
respect to such corporations (ADM CODE Sec 2). policy in the law. e.g. IRRs of the Labor Code.
2. Interpretative legislation Pertains to rules
C. Powers of administrative agencies and regulations construing or interpreting the
Q: What are the three basic powers of provisions of a statute to be enforced and they
administrative agencies? are binding on all concerned until they are
A: changed, e.g. BIR Circulars.
1.Quasi‐legislative power or rule‐making power
2.Quasi‐judicial or adjudicatory power Q: What are the requisites for the valid exercise of
3.Determinative or Incidental power quasi‐legislative power?
A:
Q: Distinguish between quasi‐legislative and 1.Promulgated in accordance with the
quasi‐judicial power. Prescribed procedure
A: 2.Reasonable
3.Issued under Authority of law
QUASI- QUASI-JUDICIAL 4.Issued for the purpose of implementing
LEGISLATIVE existing law, pursuant to a valid delegation
Operates on the Operates based on are included in the term “laws” under Article
future past facts 2, of the Civil Code and must
Has general Has particular therefore be published in order to be
application application effective.
(applies only to the 5.It must be within the scope and purview of the
parties involved in a law.
dispute)
Issuance pursuant to Issuance pursuant to Q: May an administrative agency promulgate rules
the exercise of quasi‐ the exercise of quasi‐ providing for penal sanction?
legislative power may judicial power may, A: Yes, provided the following requisites are complied
be assailed in court as a rule, only be with:
without subscribing to challenged in court 1. The law must declare the act punishable
the doctrine of with prior exhaustion 2. The law must define the penalty
exhaustion of of administrative 3. The rules must be published in the Official
administrative remedies. Gazette. (The Hon. Secretary Vincent S. Perez

2
 v. LPG Refillers Association of the Philippines, 7. Decision rendered in such a manner as to let
G.R. No. 159149, June 26, 2006) the parties know the various issues involved and
the reasons for the decision rendered. (Ang Tibay
Q: Are administrative officers tasked to implement v CIR G.R. No. L-46496, February 27, 1940)
the law also authorized to interpret the law?
A: Yes, because they have expertise to do so. (PLDT Q: What is the nature of administrative
v. NTC, G.R. No. 88404, Oct. 18, 1990) proceedings?
A: It is summary in nature.
Q: Are constructions of administrative officers
binding upon the courts? Q: Is administrative proceedings bound by
A: Such interpretations of administrative officer are technical rules of procedure and evidence?
given great weight, unless such construction is clearly A: The technical rules of procedure and of evidence
shown to be in sharp contrast with the governing law prevailing in courts of law and equity are not
or statute. (Nestle Philippines Inc. v. CA, G.R. No. controlling in administrative proceedings to free
86738, Nov. 13, 1991) administrative boards or agencies from the compulsion
of technical rules so that the mere admission of matter
Q: What is the Doctrine of Subordinate which would be deemed incompetent in judicial
Legislation? proceedings would not invalidate an administrative
A: Power of administrative agency to promulgate rules order.
and regulations on matters within their own
specialization. It is the power to promulgate rules and Note: The rules of procedure of quasi‐judicial bodies
regulations is only limited to carrying into effect what is shall remain effective unless disapproved by the
provided in the legislative enactment. Supreme Court.

Q: What are the limitations on the doctrine of Q: When is notice and hearing required:
subordinate legislation? A:
A: 1. When the law specifically requires it.
1. Rule making power 2. When it affects a person’s status and liberty.
2. Cannot contravene a statute or the
constitution Q: When is notice and hearing not required:
3. Partakes the nature of a statute – Rules A:
are not laws but have the force and effect of 1. Urgent reasons
laws. 2. Discretion is exercised by an officer vested
4. Enjoys the presumption of legality – with it upon an undisputed fact.
therefore courts should respect and apply 3. If it involves the exercise of discretion and
them unless declared invalid, all other there is no grave abuse
agencies should likewise respect them. 4. When rules to govern future conduct of
persons or enterprises, unless law provides
II. QUASI-JUDICIAL (ADJUDICATORY) POWER otherwise
Q: Define quasi‐judicial power. 5. In the valid exercise of police power.
A: It is the power of administrative authorities to make
determinations of facts in the performance of their B. ADMINISTRATIVE APPEAL AND REVIEW
official duties and to apply the law as they construe it Q: What is the concept of Administrative Appeal?
to the facts so found. It partakes the nature of judicial A: It refers to the review by a higher agency of
power. decisions rendered by an administrative agency,
commenced by petition of an interested party.
A. ADMINISTRATIVE DUE PROCESS
Q: What are the requisites of administrative due Q: What is the concept of administrative review?
process? A: Administrative appeals are not the only way by
A: which a decision of an administrative agency may be
1. Right to a hearing reviewed. A superior officer or department head may
2. The tribunal must consider the evidence upon his or her own volition review a subordinate’s
presented decision pursuant to the power of control.
3. Decision must be supported by evidence
4. Evidence must be substantial. Quantum of Administrative reviews by a superior officer are,
Proof (Substantial Evidence) however, subject to the caveat that a final and
5. Decision must be rendered on the evidence executory decision is not included within the power of
presented at the hearing or at least contained in control, and hence can no longer be altered by
the record and disclosed to the parties affected administrative review.
6. Independent consideration of judge (Must not
simply accept the views of a subordinate) C. ADMINISTRATIVE RES JUDICATA

3
 Q: Does the doctrine of res judicata apply to A: The administrative agencies perform this function
administrative proceedings? either by issuing rules and regulations in the exercise
A: The doctrine of res judicata applies only to judicial of their quasi‐legislative power or by issuing orders
or quasi judicial proceedings and not to the exercise of affecting a specified person in the exercise of its quasi‐
purely administrative functions. Administrative judicial power. (De Leon, Administrative Law, 2010)
proceedings are non litigious and summary in nature;
hence, res judicata does not apply. Q: May the function of fixing rates be either a
legislative or adjudicative function?
Q: What are the requisites of res judicata? A: Yes. The function of prescribing rates by an
A: The following are requisites for res judicata: administrative agency may be either a legislative or
1. The former judgment must be final; and adjudicative function. (De Leon,
2. It must have been rendered by a court having Administrative Law, 2010)
jurisdiction over the subject matter and the parties
3. It must be a judgment on the merits IV. DETERMINATIVE POWER
4. There must be identity of parties, subject
matter and cause of action [Ipekdijan Q: What are the determinative powers exercised by
Merchandising v. CTA (1963), Firestone Ceramics administrative agencies?
v. CA (1999), DBP v. CA (2001)] A:
1. Enabling – Permits the doing of an act which
III. FACT-FINDING, INVESTIGATIVE, LICENSING AND the law undertakes to regulate and which would be
RATE-FIXING POWERS unlawful without government approval
Q: Explain the fact-finding and investigative power 2. Directing – Orders the doing or performance of
of administrative agencies? particular acts to ensure the compliance with the
A: A statute may give to non-judicial officers: law and are often exercised for corrective
1. The power to declare the existence of facts purposes
which call into operation the statute’s provisions 3. Dispensing – To relax the general operation of
and a law or to exempt from general prohibition, or to
2. May grant them and their subordinate officers relieve an individual or a corporation from an
the power to ascertain and determine appropriate affirmative duty
facts as a basis of procedure in the enforcement 4. Examining – This is also called investigatory
of laws. power. It requires production of books, papers,
3. Such functions are merely incidental to the documents, and records, including the attendance
exercise of power granted by law to clear of witnesses and compelling their testimony
navigable streams of unauthorized obstructions. 5. Summary – Power to apply compulsion or
They can be conferred upon executive officials force against persons or property to effectuate a
provided the party affected is given the legal purpose without judicial warrants to authorize
opportunity to be heard. [Lovina v. Moreno such actions
(1963)]
D. Judicial recourse and review
Administrative agencies’ power to conduct Q: What are the requisites of judicial review of
investigations and hearings, and make findings and administrative decisions?
recommendations thereon is inherent in their functions A: The requisites of judicial review of administrative
as administrative agencies. Findings of facts by decisions are:
administrative bodies which observed procedural 1.Administrative action must have been completed. This is
safeguards (e.g. notice and hearing parties, and a full the “principle of finality of administrative actions”; and
consideration of evidence) are accorded the greatest 2.Administrative remedies must have been exhausted.
respect by courts This is “principle of exhaustion of administrative
remedies” (Albano, p 879)
Q: What is Licensing Power?
A: The action of an administrative agency in granting Q: Are the findings of administrative agencies
or denying, or in suspending or revoking, a license, binding on the courts?
permit, franchise, or certificate of public convenience A: It depends. Only factual findings made by quasi-
and necessity. (De Leon, Administrative Law, judicial and administrative bodies supported by
2010) substantial evidence are accorded great respect and
even finality by the appellate courts (Cosmos Bottling
Q: Define Rate‐Fixing Power. Corporation vs Nagrama, G.R. No. 164403, March 4,
A: It is the power usually delegated by the legislature 2008).
to administrative agencies for the latter to fix the rates
which public utility companies may charge the public. Q: Is the rule that factual findings made by quasi-
(De Leon, Administrative Law, 2010) judicial and administrative bodies supported by
substantial evidence are accorded great respect
Q: How is rate‐fixing power performed? and even finality by the appellate courts absolute?
4
 A: No. Factual findings of administrative agencies will
be disturbed by the courts when:
1.It is not supported by substantial evidence;
2.It is vitiated by fraud, imposition or collusion;
3.The procedure which led to the factual findings is
irregular;
4.When palpable errors are committed; and
5.When abuse of discretion, arbitrariness or
capriciousness is manifest (Suarez, 876-877)

Q: What are the doctrine related to the judicial Doctrine of Doctrine of

recourse and review of administrative decisions? Exhaustion of Primary
A: There are three doctrines and these are: Administrative Administrative
1. Doctrine of primary administrative jurisdiction Remedies Jurisdiction
2. Doctrine of exhaustion of administrative As to issues The Both the court and
remedies that can be administrative administrative
3. Doctrine of finality of administrative action passed upon agency has agency have
authority to pass jurisdiction to pass
Doctrine of primary administrative jurisdiction on every on a question
Q: What is the doctrine of primary administrative question raised when a particular
jurisdiction? by a person case is presented
A: Under the doctrine of primary administrative resorting to to court, as an
jurisdiction, courts will not determine a controversy judicial relief and original matter,
where the issues for resolution demand the exercise of enables the rather than a
sound administrative discretion requiring the special court to withhold matter of review
knowledge, experience, and services of the its aid entirely
administrative tribunal to determine technical and until the
intricate matters of fact. In other words, if a case is administrative
such that its determination requires the expertise, remedies had
specialized training, and knowledge of an been exhausted.
administrative body, relief must first be obtained in an
administrative proceeding before resort to the court is As to The claim or The claim or
had even if the matter is within the jurisdiction of the jurisdiction to matter is matter is
said court (Nestle Philippines vs Uniwide Sales Inc., take cognizable in cognizable by both
G.R. No. 174674, October 20, 2010) cognizance the first instance the court and
of a case by an administrative
Doctrine of exhaustion of administrative remedies administrative agency.
Q: What is the doctrine of exhaustion of agency alone.
administrative remedies?
A: Where the enabling statute indicates a procedure As to The purpose of The rule is not
for administrative review, and provides for a system of purpose of the rule is to concerned with
administrative appeal, or reconsideration, the courts the doctrine control the judicial review but
for reasons of law, comity and convenience, will not timing of judicial determines in
entertain a case unless available administrative relief from some instances
remedies have been resorted to and appropriate adjudicative whether initial
authorities have been given opportunity to act and action of an action should be
correct errors committed in the administrative forum agency. taken by a court or
(Teotico vs Ageda Jr., G.R. No. 87437, May 29, 1991). administrative
agency
Q: What is the difference between primary jurisdiction
and exhaustion of administrative remedies?
A: Primary administrative jurisdiction and exhaustion of
administrative remedies can be distinguished by:

5
 Timber Products Inc. vs Abad, G.R. No. 85502,
February 24, 1991)

Doctrine of finality of administrative action

Q: What is the doctrine of finality of administrative
action?
A: The doctrine of finality of administrative action
means that before an administrative decision may be
Q: Are there exceptions to the doctrines of primary subject to judicial review, the administrative action
jurisdiction and exhaustion of administrative must have already been fully completed and therefore
remedies? become final (Suarez, p 863)
A: Yes. The doctrine of primary jurisdiction and
exhaustion of administrative remedies are subject to Q: May the courts review the findings of facts of
certain exceptions, to wit: administrative agencies?
1. Where there is estoppel on the part of the party A: The following are the instances when the findings of
invoking the doctrine; facts of administrative agencies are subject to review
2. Where the challenged administrative act is by the courts:
patently illegal, amounting to lack of jurisdiction; 1. When the findings are grounded entirely on
3. Where there is unreasonable delay or official speculation, surmises, or conjectures;
inaction that will irretrievably prejudice to the 2. When the inference made is manifestly
complainant; mistaken, absurd, or impossible;
4. Where the amount involved is relatively so 3. When there is grave abuse of discretion;
small as to make the rule impractical and 4. When the judgement is based in
oppressive; misapprehension of facts;
5. Where the question involved is purely legal and 5. When the findings of facts are conflicting;
will ultimately have to be decided by the courts of 6. When in making its findings, the CA went
justice; beyond the issues of the case, or its findings are
6. Where the judicial intervention is urgent; contrary to the admissions of both the appellant
7. Where the application of the doctrine may and the appellee;
cause great and irreparable damage; 7. When the findings are contrary to those of the
8. Where the controverted acts violate due trial court;
process; 8. When the findings are conclusions without
9. Where the issue of non-exhaustion of citation of specific evidence on which they are
administrative remedies has been rendered moot; based;
10. Where there is no other plain, speedy 9. When the facts set forth in the petition as well
and adequate remedy; as in the petitioner’s main an reply briefs are not
11. Where strong public interest is involved; disputed by respondent;
and 10. When the findings of facts are premised on the
12. In quo warranto proceedings (Samar II supposed absence of evidence and contradicted
Electric Cooperative Inc. (SAMELCO II) vs Seludo, by the evidence on record; and
Jr., G.R. No. 173840, April 24, 2012) 11. When the CA manifestly overlooked certain
relevant facts not disputed by the parties, which if
Q: Is it necessary to apply the doctrine of properly considered, would justify a different
exhaustion of administrative remedies in all conclusion (Donato Jr., vs Civil Service
cases? Commission Regional Office 1, G.R. No. 165788,
A: No. Only those decisions of administrative agencies February 7, 2007)
made in the exercise of quasi-judicial powers are
subject to the doctrine. If in the exercise of its quasi-
legislative function, the regular court has jurisdiction
(Smart vs NTC, G.R. No. 151908, August 12, 2003).

Q: What is the effect of failure to exhaust

administrative remedies?
A: It results in lack of cause of action which is one of
the grounds allowed in the Rules of Court for the
dismissal of the complaint (Sunville Timber Products
Inc. vs Abad, G.R. No. 85502, February 24, 1991).

Q: Is the failure to exhaust administrative remedies

jurisdictional?
A: No. Failure to invoke it operates as a waiver of the
objection as a ground for a motion to dismiss (Sunville
6