PRINCIPLES AND DOCTRINES The contempt power of the legislature is sui

generis, and local legislative bodies cannot

Separation of Powers correctly claim to possess it for the same
Each of the three great branches of reasons that the national legislature does
government have exclusive cognizance and (i.e., self-preservation). The contempt power
is supreme over matters falling under its and the subpoena power cannot be deemed
sphere [Abakada Guro v. Ermita citing implied in the delegation of certain legislative
Angara v. Electoral Commission] functions to local legislative bodies. Neither
can they exist as mere incidents of the
System of Checks and Balances performance of legislative functions.
Related to the Doctrine of Separation of Rule-making/Subordinate legislation - power
Powers, the rationale of this system is to to create rules which have the force and
prevent abuse by either branch. Thus, each effect of law, as well as the implied authority
branch is limited by the exercise of the to amend or alter its own rules and
powers of the other branches [Abakada regulations [De Leon]
Guro, supra]
5 Exceptions to the Non-Delegation of
Non-delegation of Legislative Powers Legislative Powers Provided by the
Constitution (PLATE) from Abakada Guro v.
The General Rule is Potestas Delegeta Non
Ermita
Delegari Potest, what has been delegated
cannot be delegated further, but, with the 1) Delegation to the People
growing complexity of modern life, the
multiplication of the subjects of governmental 2) Delegation to LGUs
regulation, and the increased difficulty of 3) Delegation to Administrative Agencies
administering the laws, there is a constantly
growing tendency toward the delegation of 4) Delegation of Tariff powers to the
greater powers by the legislature to President
administrative agencies, and toward the
approval of the practice by the court. 5) Delegation of Emergency powers to
[Pangasinan Transportation v. Public Service the President
Commission] Quasi-Judicial/Adjudicatory – power to
Delegated Powers: Investigative/Rule- determine the rights, duties and obligations
Making/Quasi-Judicial of specific individuals. The power to hear and
determine, or to ascertain facts and decide
Investigative - Investigatory or inquisitorial by the application of rules to the ascertained
powers include the power to inspect records acts. [De Leon, see also Bautista v.
and premises, to investigate persons or COMELEC]
entities under its jurisdiction, to secure or
require disclosures or information by means Tests on Completeness and Sufficient
of records, accounts, reports, testimony of Standards
witnesses, and production of documents. Completeness - whether the statute was
They are conferred practically to all complete in all its terms and provisions when
administrative agencies. [De Leon] it left the hands of the legislature so that
Lumiqued v. Exeva – Assistance of counsel nothing was left to the judgment of any other
is not an indispensable requirement in appointee or delegate of the legislature
administrative investigations [People v. Vera]

Negros Oriental Electric Cooperative v. Sufficient Standards - A valid standard

Sangguniang Panlungsod of Dumaguete - defines legislative policy, marks its limits, it
maps out its boundaries and specifies the Difference bet. Doctrines of Primary
public agency to apply it. It indicates the Jurisdiction and Exhaustion of Administrative
circumstances under which the legislative Remedies
command is to be effected. It is the criterion
by which legislative purpose may be carried Exhaustion of administrative remedies
out. [Edu v. Ericta] applies when the action is cognizable by the
administrative agency alone, primary
Doctrine of Primary Jurisdiction jurisdiction applies if the action is cognizable
by both the courts and the agency involved
The courts will not determine a controversy [De Leon]
involving a question which is within the
jurisdiction of the administrative tribunal prior Immutability of Final Decisions
to the resolution of that question by the
administrative tribunal, where the question A final and definitive judgment can no longer
demands the exercise of sound be changed, revised, amended, or reversed.
administrative discretion requiring the special [See Discussion on Judicial Review, infra]
knowledge, experience and services of the SUBORDINATE LEGISLATION/RULE-
administrative tribunal to determine technical MAKING POWERS
and intricate matters of fact, and a uniformity
of ruling is essential to comply with the Chapter II, Book VII, Revised
premises of the regulatory statute Administrative Code
administered [Smart v. NTC]
SECTION 3. Filing.—(1) Every agency shall
Applies only where the agency exercises file with the University of the Philippines Law
quasi-judicial functions, the objective is to Center three (3) certified copies of every rule
guide a court in determining whether it adopted by it. Rules in force on the date of
should refrain from exercising its jurisdiction effectivity of this Code which are not filed
until after an administrative agency has within three (3) months from that date shall
determined some question or some aspect of not thereafter be the basis of any sanction
some question arising in the proceeding against any party or persons.
before the court [Ibid.]
(2) The records officer of the agency, or his
Exhaustion of Administrative Remedies equivalent functionary, shall carry out the
requirements of this section under pain of
The doctrine of exhaustion of administrative disciplinary action.
remedies requires that resort be first made
with the administrative authorities in the (3) A permanent register of all rules shall be
resolution of a controversy falling under their kept by the issuing agency and shall be open
jurisdiction before the same may be elevated to public inspection.
to a court of justice for review. If a remedy
SECTION 4. Effectivity.—In addition to other
within the administrative machinery is still
available, with a procedure pursuant to law rule-making requirements provided by law
for an administrative officer to decide the not inconsistent with this Book, each rule
controversy, a party should first exhaust such shall become effective fifteen (15) days from
remedy before going to court. A premature the date of filing as above provided unless a
invocation of a courts intervention renders different date is fixed by law, or specified in
the complaint without cause of action and the rule in cases of imminent danger to
dismissible on such ground [Estrada v. CA] public health, safety and welfare, the
existence of which must be expressed in a
Detailed discussion infra statement accompanying the rule. The
agency shall take appropriate measures to
make emergency rules known to persons SECTION 9. Public Participation.—(1) If not
who may be affected by them. otherwise required by law, an agency shall,
as far as practicable, publish or circulate
SECTION 5. Publication and Recording.— notices of proposed rules and afford
The University of the Philippines Law Center interested parties the opportunity to submit
shall: their views prior to the adoption of any rule.
(1) Publish a quarterly bulletin setting forth (2) In the fixing of rates, no rule or final order
the text of rules filed with it during the shall be valid unless the proposed rates shall
preceding quarter; and have been published in a newspaper of
(2) Keep an up-to-date codification of all general circulation at least two (2) weeks
rules thus published and remaining in effect, before the first hearing thereon.
together with a complete index and (3) In case of opposition, the rules on
appropriate tables. contested cases shall be observed.
SECTION 6. Omission of Some Rules.—(1)
Kinds of Rules and Regulation
The University of the Philippines Law Center
may omit from the bulletin or the codification (1) Rules to regulate the internal
any rule if its publication would be unduly management of agencies
cumbersome, expensive or otherwise
inexpedient, but copies of that rule shall be (2) Supplementary rules which are intended
made available on application to the agency to apply to persons and entities outside
which adopted it, and the bulletin shall the government and subject to agency
contain a notice stating the general subject regulation
matter of the omitted rule and new copies (3) Interpretative rules which construct and
thereof may be obtained. interpret legal provisions
(2) Every rule establishing an offense or (4) Rules of procedure which prescribe the
defining an act which, pursuant to law is manner of coursing of official business
punishable as a crime or subject to a penalty
shall in all cases be published in full text. (5) Penal rules which prescribe criminal
sanctions
SECTION 7. Distribution of Bulletin and
Codified Rules.—The University of the Implementing Rules and Regulations
Philippines Law Center shall furnish one (1)
free copy each of every issue of the bulletin Conditions for validity of delegation
and of the codified rules or supplements to a. The Statute must be complete in
the Office of the President, Congress, all itself, setting forth a policy to be
appellate courts and the National Library. executed by the agency
The bulletin and the codified rules shall be
made available free of charge to such public b. The Statute fixes a standard,
officers or agencies as the Congress may mapping out the boundaries of the
select, and to other persons at a price agency’s authority to which it must
sufficient to cover publication and mailing or conform
distribution costs.
Interpretation v. Implementation
SECTION 8. Judicial Notice.—The court When an administrative or executive agency
shall take judicial notice of the certified copy renders an opinion or issues a statement of
of each rule duly filed or as published in the policy, it merely interprets a pre-existing law;
bulletin or the codified rules.
and the administrative interpretation of the
law is at best advisory, for it is the courts that
finally determine what the law means Licenses and Permits
[Peralta v. CSC]
SECTION 17. Licensing Procedure.—(1)
But rules issued by administrative agencies When the grant, renewal, denial or
have the force and effect of law and enjoys cancellation of a license is required to be
the same presumption of validity and preceded by notice and hearing, the
constitutionality. If it is not adopted pursuant provisions concerning contested cases shall
to law, it has neither the force nor the effect apply insofar as practicable.
of law
(2) Except in cases of willful violation of
Validity pertinent laws, rules and regulations or when
public security, health, or safety require
The authority of administrative agencies to
otherwise, no license may be withdrawn,
make any rules and regulations must be
suspended, revoked or annulled without
founded on some legislative act. The rules
notice and hearing.
they will promulgate must be within the
scope and purview of the law [Olsen v. SECTION 18. Non-expiration of License.—
Aldanese] Where the licensee has made timely and
sufficient application for the renewal of a
A regulation is valid if it is germane to the
license with reference to any activity of a
objects and purposes of the law, and
continuing nature, the existing license shall
conforms, not contradicts the standards
not expire until the application shall have
prescribed by the law. [Holy Spirit
been finally determined by the agency.
Homeowners Association v. Defensor]
Must be in harmony with the law and the A license or a permit is not a contract
constitution between the sovereignty and the licensee or
permitee, and is not a property in any
A regulation that operates to create a rule out constitutional sense, as to which the
of harmony with the statute is a mere nullity. constitutional prescription against impairment
The administrative agency issuing these of the obligation of contracts may extend. A
regulations may not enlarge, alter, or restrict license is rather in the nature of a special
the provisions of the law it administers; it privilege, of permission or authority to do
cannot engraft additional requirements not what is within its terms. It is not in any way
contemplated by the legislature. [CIR v. vested, permanent, or absolute. A license
Mercury Drug] granted by the State is always revocable. As
a necessary consequence of its main power
The conclusive effect of administrative to grant license or permit, the State or its
construction is not absolute. Action of an instrumentalities have the correlative power
administrative agency may be disturbed or to revoke or recall the same. And this power
set aside by the judicial department if there is to revoke can only be restrained by an
an error of law, a grave abuse of power or explicit contract upon good consideration to
lack of jurisdiction or grave abuse of that effect. The absence of an expiry date in,
discretion clearly conflicting with either the a license does not make it perpetual.
letter or the spirit of a legislative enactment. Notwithstanding that absence, the license
Administrative regulations cannot extend the cannot last beyond the life of the basic
law and amend a legislative enactment. In authority — under which it was issued.
case of discrepancy, the basic law prevails. [Gonzalo Sy Trading v. Central Bank of the
[Landbank v. CA, see also People v. Lim] Philippines]
Fixing of Fees and Rates Publication and Effectivity
When Notice and Hearing is required See Secs. 3-9, Book VII, RAC Supra
Notice and hearing is required when an
The question of publication was settled in the
administrative agency fixes rates in the case of Tañada v. Tuvera, where the court
exercise of its quasi-judicial power, as when laid down the following doctrines:
it applies to one entity only. Notice and
hearing is not required when it is in the 1) The clause “unless it is otherwise
exercise of its legislative power, as when it provided by law” in Art. 2 of the Civil
applies to all that are similarly situated. Code refers to the date of effectivity
[PHILCOMSAT v. Alcuaz] and not to the requirement of
publication itself, which cannot in any
NB: See Sec. 9, Book VII, RAC, supra for event be omitted. Publication is
provision on Rates, notice and hearing is indispensable in every case, but the
now required legislature may in its discretion,
provide that the usual 15-day period
Basic Requirements be shortened or extended.
The rates fixed must be reasonable and just. 2) The term “laws” should refer to all
laws and not only those of general
The basic requirement of reasonableness
application. As such, all statutes,
comprehends such rates which must not be including those of local application
so low as to be confiscatory, or too high as to and private laws, shall be published
be oppressive. [Ibid.] as a condition for their effectivity,
which shall begin 15 days after
Penal Sanctions
publication unless a different date of
Before the public is bound by its contents, effectivity is fixed by the legislature.
especially its penal provisions, a law, 3) Coverage:
regulation or circular must first be published a. PDs and Eos promulgated by
the President in the exercise
and the people officially and specifically
of delegated legislative
informed of said contents and its penalties.
powers;
Even if a circular is not a statute or law but b. Administrative rules and
an issuance for the implementation of a law, regulations if their purpose is
it has force and effect of law according to to implement existing laws
settled jurisprudence. [People v. Que Po Lay] pursuant to valid delegation;
c. Charters of cities;
The law making body cannot delegate to an d. Circulars issued by the
executive official the power to declare what Monetary Board if they are
acts should constitute a criminal offense. It meant not to merely interpret
can authorize the issuance of regulations but to fill in the details of the
and the imposition of the penalty provided for Central Bank Act.
in the law itself. [People v. Maceren] 4) Excepted:
a. Interpretative rules and those
For an administrative regulation, such as the merely internal in nature;
Circular in this case, to have the force of b. LOIs issued by admin
penal law, (1) the violation of the superiors to their
administrative regulation must be made a subordinates;
crime by the delegating statute itself; and (2) c. Municipal ordinances, the
the penalty for such violation must be rules of publication of which
provided by the statute itself. [Perez v. LPG are covered by the Local
Refillers Association] Government Code
Amendments, Repeals, or prior laws, (5) Memorandum Circulars: Relates to
rules, and regulations matters of internal administration for
information and compliance
The rule is that administrative regulations (6) General or special orders: Acts and
cannot extend the law and amend a commands of the President as
legislative enactment. [Landbank v. CA, Commander in Chief of the AFP
supra] but by the doctrine of necessary
implication, the grant of express power to QUASI-JUDICIAL POWERS
formulate implementing rules and regulations
must necessarily include the power to Procedures [Sec 10-18, Book VII, RAC]
amend, revise, alter, or repeal the same
[Yazaki Torres v. HDMF, see also SECTION 10. Compromise and Arbitration.
Pharmaceutical and Health Care Association —To expedite administrative proceedings
of the Philippines vs Duque] involving conflicting rights or claims and
obviate expensive litigations, every agency
NB: At this point, it is important to distinguish shall, in the public interest, encourage
inherent from implied powers. An amicable settlement, compromise and
administrative agency has no inherent arbitration.
power, [see Negros Oriental Electric
Cooperative, supra, about the absence of an SECTION 11. Notice and Hearing in
inherent contempt power]. The administrative Contested Cases.—(1) In any contested
agency’s powers are limited to what is case all parties shall be entitled to notice and
expressly provided for in the enabling hearing. The notice shall be served at least
statute, and what can be reasonably implied five (5) days before the date of the hearing
from the statute [De Leon]. and shall state the date, time and place of
the hearing.
Prospective and Retroactive Application (2) The parties shall be given opportunity to
present evidence and argument on all
The general rule applicable to legislation also issues. If not precluded by law, informal
applies; rules have prospective application disposition may be made of any contested
unless otherwise made manifest via case by stipulation, agreed settlement or
legislative intent either by express terms or default.
necessary implication [De Leon] (3) The agency shall keep an official record
of its proceedings.
Ordinance Powers of the President
SECTION 12. Rules of Evidence.—In a
(1) EO: Rules of a general or permanent contested case:
character in the implementation or
execution of constitutional or statutory (1) The agency may admit and give
powers probative value to evidence commonly
(2) AO: Relates to particular aspects of accepted by reasonably prudent men in the
government operations, executed in conduct of their affairs.
pursuance of the President’s duties as (2) Documentary evidence may be received
administrative head in the form of copies or excerpts, if the
(3) Proclamations: Acts fixing a date or original is not readily available.
declaring a status or condition of public Upon request, the parties shall be given
moment or interests, upon existence of opportunity to compare the copy with the
which the operation of a specific law or original. If the original is in the official
regulation is made to depend custody of a public officer, a certified copy
(4) Memorandum Orders: Acts on matters of thereof may be accepted.
administrative detail or of subordinate or (3) Every party shall have the right to cross-
temporary interest which only concern a examine witnesses presented against him
particular officer or office of the and to submit rebuttal evidence.
government
(4) The agency may take notice of judicially SECTION 17. Licensing Procedure.—(1)
cognizable facts and of generally cognizable When the grant, renewal, denial or
technical or scientific facts cancellation of a license is required to be
within its specialized knowledge. The parties preceded by notice and hearing, the
shall be notified and afforded an opportunity provisions concerning contested cases shall
to contest the facts so noticed. apply insofar as practicable.
(2) Except in cases of willful violation of
SECTION 13. Subpoena.—In any contested pertinent laws, rules and regulations or when
case, the agency shall have the power to public security, health, or safety require
require the attendance of witnesses or the otherwise, no license may be withdrawn,
production of books, papers, documents and suspended, revoked or annulled without
other pertinent data, upon request of any notice and hearing.
party before or during the hearing upon
showing of general relevance. Unless SECTION 18. Non-expiration of License.—
otherwise provided by law, the agency may, Where the licensee has made timely and
in case of disobedience, invoke the aid of the sufficient application for the renewal of a
Regional Trial Court within whose jurisdiction license with reference to any activity of a
the contested case being heard falls. The continuing nature, the existing license shall
Court may punish contumacy or refusal as not expire until the application shall have
contempt. been finally determined by the agency.

SECTION 14. Decision.—Every decision

rendered by the agency in a contested case Administrative Appeals [Sec. 19-26, Book
shall be in writing and shall state clearly and VII, RAC]
distinctly the facts and the law on which it is
based. The agency shall decide each case SECTION 19. Appeal.—Unless otherwise
within thirty (30) provided by law or executive order, an
days following its submission. The parties appeal from a final decision of the agency
shall be notified of the decision personally or may be taken to the Department head.
by registered mail addressed to their counsel
of record, if any, or to them. SECTION 20. Perfection of Administrative
Appeals.—(1) Administrative appeals under
SECTION 15. Finality of Order.—The this Chapter shall be perfected within fifteen
decision of the agency shall become final (15) days after receipt of a copy of the
and executory fifteen (15) days after the decision complained of by the party
receipt of a copy thereof by the party adversely affected, by filing with the agency
adversely affected unless within that period which adjudicated the case a notice of
an administrative appeal or judicial review, if appeal, serving copies thereof upon the
proper, has been perfected. One motion for prevailing party and the appellate agency,
reconsideration may be filed, which shall and paying the required fees.
suspend the running of the said period. (2) If a motion for reconsideration is denied,
the movant shall have the right to perfect his
SECTION 16. Publication and Compilation of appeal during the remainder of the period for
Decisions.—(1) Every agency shall publish appeal, reckoned from receipt of the
and make available for public inspection all resolution of denial. If the decision is
decisions or final orders in the adjudication of reversed on reconsideration, the aggrieved
contested cases. party shall have fifteen (15)
(2) It shall be the duty of the records officer days from receipt of the resolution of reversal
of the agency or his equivalent functionary to within which to perfect his appeal.
prepare a register or compilation of those (3) The agency shall, upon perfection of the
decisions or final orders for use by the appeal, transmit the records of the case to
public. the appellate agency.
SECTION 21. Effect of Appeal.—The appeal material portions of the records as are
shall stay the decision appealed from unless referred to therein and other supporting
otherwise provided by law, or the appellate papers. The petition shall be under oath and
agency directs execution pending appeal, as shall how, by stating the specific material
it may deem just, considering the nature and dates, that it was filed within the period fixed
circumstances of the case. in this chapter.
(5) The petition for review shall be perfected
SECTION 22. Action on Appeal.—The within fifteen (15) days from receipt of the
appellate agency shall review the records of final administrative decision. One (1) motion
the proceedings and may, on its own for reconsideration may be allowed. If the
initiative or upon motion, receive additional motion is denied, the movant shall perfect his
evidence. appeal during the remaining period for
appeal reckoned from receipt of the
SECTION 23. Finality of Decision of resolution of denial. If the decision is
Appellate Agency.—In any contested case, reversed on reconsideration, the appellant
the decision of the appellate agency shall shall have fifteen (15) days from receipt of
become final and executory fifteen (15) days the resolution to perfect his appeal.
after the receipt by the parties of a copy (6) The review proceeding shall be filed in
thereof. the court specified by statute or, in the
absence thereof, in any court of competent
SECTION 24. Hearing Officers.—(1) Each jurisdiction in accordance with the provisions
agency shall have such number of qualified on venue of the Rules of Court.
and competent members of the base as (7) Review shall be made on the basis of the
hearing officers as may be necessary for the record taken as a whole. The findings of fact
hearing and adjudication of contested cases. of the agency when supported by substantial
(2) No hearing officer shall engaged in the evidence shall be final except when
performance of prosecuting functions in any specifically provided otherwise by law.
contested case or any factually related case.
SECTION 26. Transmittal of Record.—Within
SECTION 25. Judicial Review.—(1) Agency fifteen (15) days from the service of the
decisions shall be subject to judicial review in petition for review, the agency shall transmit
accordance with this chapter and applicable to the court the original or a certified copy of
laws. the entire records of the proceeding under
(2) Any party aggrieved or adversely affected review. The record to be transmitted may be
by an agency decision may seek judicial abridged by agreement of all parties to the
review. proceedings. The court may require or permit
(3) The action for judicial review may be subsequent correction or additions to the
brought against the agency, or its officers, record.
and all indispensable and necessary parties
as defined in the Rules of Court. General Principles
(4) Appeal from an agency decision shall be
perfected by filing with the agency within Limited Jurisdiction
fifteen (15) days from receipt of a copy
thereof a notice of appeal, and with the The extent of an agency’s quasi-judicial
reviewing functions are defined in its enabling act.
court a petition for review of the order. [Antipolo Realty v. NHA] Administrative
Copies of the petition shall be served upon agencies are tribunals of limited jurisdiction
the agency and all parties of record. The and as such can exercise only those powers
petition shall contain a concise statement of which are specifically granted to them by
the issues involved and the grounds relied their enabling statutes. [Freeman v. SEC]
upon for the review, and shall be
accompanied with a true copy of the order A judgment issued by a quasi-judicial body
appealed from, together with copies of such without jurisdiction is void. It cannot be the
source of any right or create any obligation. The list is not exhaustive. Not included in
All acts performed pursuant to it and all another prerequisite, namely, a competent
claims emanating from it have no legal tribunal clothed with jurisdiction over the
effect. Having no legal effect, the situation is subject matter.
the same as it would be as if there was no
judgment at all. It leaves the parties in the JBL Reyes Formulation in Air Manila, Inc. v.
position they were before the proceedings. Balatbat
[Herrera v. Bernardo]
1) Right to notice, actual or constructive,
Decisions are subject to judicial review of the institution of proceedings that
may affect a person’s legal right;
While administrative res judicata is 2) Reasonable opportunity to appear
recognized, this does not serve as a bar to and defend this rights and to
the power of the courts to review quasi- introduce witnesses and evidence in
judicial decisions rendered with grave abuse his favor;
of discretion or in excess of jurisdiction. 3) A tribunal so constituted as to give
Quasi-judicial powers will always be subject him reasonable assurance of honesty
to true judicial power held by the courts. and impartiality, and one of
[NHA v. Almeda] competent jurisdiction;
4) Finding or decision by the tribunal
Detailed discussion, infra supported by substantial evidence
presented at the hearing or at least
Procedural and Substantive Due Process ascertained in the records or
Requirements disclosed to the parties.

Essence
Quantum of Evidence
The essence of due process is simply an
opportunity to be heard, or as applied in Generally, administrative agencies are not
administrative hearings, the opportunity to bound by technical rules of evidence in
explain one’s side or an opportunity to seek ordinary courts. They are not necessarily
reconsideration of the action or ruling required to take into account in their
complained of [Stayfast v. NLRC] determination only evidence presented by
the parties. They may make its own inquiry
Seven Cardinal Rights from Ang Tibay v. CIR and take juridical notice of certain other
matters. Its decision, in compliance with due
1) To a hearing; process and cardinal primary rights must be
2) To have the tribunal consider a supported by substantial evidence. [Cortes]
party’s evidence;
3) To a decision supported by evidence; JUDICIAL REVIEW OF ADMINISTRATIVE
4) To substantial evidence; DECISIONS
5) To a decision based on evidence
presented at the hearing or at least Requisites
contained in the record and disclosed
to the parties affected; (1) Question is raised by the proper party
6) To have the tribunal act on its (2) There must be an actual case or
independent judgment and not simply controversy
accept the views of the subordinate in (3) The Question must be raised at the
arriving at a decision; earliest possible opportunity
7) To a decision rendered in a manner (4) Decision on the Constitutional or legal
that the parties can know the issues question must be necessary to the
involved and the reasons for the determination of the case itself.
decision.
Foundation and Basis
 and convenience prevent the courts from
ART VIII, 1987 Constitution entertaining cases proper for determination
by administrative agencies. [Ibid. citing
SECTION 1. The judicial power shall be Gonzales v. CA]
vested in one Supreme Court and in such
lower courts as may be established by law. Exceptions to the Doctrine

Judicial power includes the duty of the courts 1) When there is a violation of due
of justice to settle actual controversies process,
involving rights which are legally 2) When the issue involved is purely a
demandable and enforceable, and to legal question [See Pascual v.
determine whether or not there has been a Provincial Board, where the question
grave abuse of discretion amounting to lack presented was whether an elected
or excess of jurisdiction on the part of any official can be held liable for acts
branch or instrumentality of the Government. committed in his previous term]
3) When the administrative action is
patently illegal amounting to lack or
Doctrine of Exhaustion of Administrative excess of jurisdiction [See Mangubat
Remedies v. Osmeña, where the act of the
Mayor in dismissing the petitioner
Definition police chief was patently illegal, thus
immediate recourse to the Courts
The doctrine of exhaustion of administrative was proper]
remedies requires that resort be first made 4) When there is estoppel on the part of
with the administrative authorities in the the administrative agency concerned
[See Republic v. Sandiganbayan,
resolution of a controversy falling under their
where the PCGG was deemed to
jurisdiction before the same may be elevated have abandoned the supposed lack
to a court of justice for review. If a remedy of cause of action of the Private
within the administrative machinery is still respondents Sipalay and Allied Bank]
available, with a procedure pursuant to law 5) When there is irreparable injury [See
for an administrative officer to decide the Sunville Timber Products, Inc. v.
controversy, a party should first exhaust such Abad, where this was NOT applied,
remedy before going to court. A premature there, the respondents claimed that
invocation of a courts intervention renders cancellation of the TLA would cause
the complaint without cause of action and irreparable injury to the environment,
dismissible on such ground [Estrada v. CA, the Court held that the DENR was
supra] tasked with the adjudication of issues
concerning the TLA]
6) When the respondent is a department
Rationale secretary whose acts as an alter ego
of the President bears the implied
The thrust of the rule on exhaustion of and assumed approval of the latter
administrative remedies is that the courts [See KBPMDPM v. Dominguez,
must allow the administrative agencies to where the Court held that there was
carry out their functions and discharge their no need to appeal the act of the
responsibilities within the specialized areas Secretary of Agriculture to the
of their respective competence. It is President]
presumed that an administrative agency, if 7) When to require exhaustion of
afforded an opportunity to pass upon a administrative remedies would be
matter, will decide the same correctly, or unreasonable [See ITFP v.
correct any previous error committed in its COMELEC, where the SC held that
forum. Furthermore, reasons of law, comity the COMELEC itself made
 exhaustion of administrative question." It has also been defined as a
remedies impossible] personal and substantial interest in a case
8) When it would amount to a such that the party has sustained or will
nullification of a claim, sustain direct injury as a result of the
9) When the subject matter is a private governmental act that is being challenged.
land in land case proceedings [See
Morcoso v. CA, where the BFAR had In ordinary civil cases, standing depends on
no jurisdiction to adjudicate disputes whether the parties are “real parties in
over what was clearly a private interest” as defined in Rule 3, Sec. 2 of the
fishpond] Rules on Civil Procedure; that is if they
10) When the rule does not provide a “stand to benefited or injured by the
plain, speedy and adequate remedy
judgment in the suit, or the party entitled to
[See Quasha v. SEC, where the
the avails of the suit.”
Court held that since the petitioner
was not left with any remedy due to Applicable Test
the urgency of his situation, and the
forthcoming Christmas break, resort The applicable test is the Injury in Fact Test.
to the Supreme Court was proper] There must be a personal stake or interest in
11) When there are circumstances the resolution of the case. The injury that the
indicating the urgency of judicial party will sustain must be direct and
intervention [See Alzate v. Aldana, imminent, and not merely speculative.
where the funds the petitioner claims
were set to be reverted to the general Exceptions
fund and the administrative agency
had failed to act on his appeals and Funa v. MECO, citing David v. Macapagal-
DAR v. Apex Investment, where the Arroyo lists the various public suits that may
land was already alienated and the be brought without satisfying the Injury in
DAR had yet to process the Fact Test
respondent’s protest]
12) When no administrative review is (1) The cases involve constitutional issues;
provided by law [See CSC v. DBM,
(2) For taxpayers, there must be a claim of
where the CSC is not mandated by
law to appeal the failure of the DBM illegal disbursement of public funds or
to release funds to the Budget that the tax measure is unconstitutional;
Secretary before praying for relief [See Joya v. PCGG, where the Court
from the Courts] refused to grant standing since the
13) Where the rule of qualified political properties were not public, but owned by
agency applies, and private parties]
14) When the issue of non-exhaustion of
administrative remedies has been (3) For voters, there must be a showing of
rendered moot obvious interest in the validity of the
election law in question;
(4) For concerned citizens, there must be a
Doctrine of Primary Jurisdiction showing that the issues raised are of
transcendental importance which must
See Principles and Doctrines supra (p.1) be settled early; and
Standing to Challenge (5) For legislators, there must be a claim that
the official action complained of infringes
Definition
upon their prerogatives as legislators.
Locus standi is defined as "a right of
Transcendental Importance: In Kilosbayan v.
appearance in a court of justice on a given
Guingona, the Court granted standing
because of the “transcendental importance” judicial agencies, instrumentalities, boards or
of the case noting that the issues involved commission, including the Securities and
were of paramount public interest. The Court Exchange Commission, the Social Security
refused to grant standing on the same Commission, the Employees Compensation
grounds in the sequel case, Kilosbayan v. Commission and the Civil Service
Morato, and opted to apply the rules of Civil Commission, Except those falling within the
Procedure, since the issues involved were appellate jurisdiction of the Supreme Court in
not constitutional accordance with the Constitution, the Labor
Code of the Philippines under Presidential
Modes of Judicial Review
Decree No. 442, as amended, the provisions
Provisions of this Act, and of subparagraph (1) of the
third paragraph and subparagraph 4 of the
Article IX Constitutional Commissions fourth paragraph of Section 17 of the
Judiciary Act of 1948.
A. Common Provisions
The Court of Appeals shall have the power to
SECTION 7 - Each Commission shall decide
try cases and conduct hearings, receive
by a majority vote of all its Members, any
evidence and perform any and all acts
case or matter brought before it within sixty
necessary to resolve factual issues raised in
days from the date of its submission for
cases falling within its original and appellate
decision or resolution. A case or matter is
jurisdiction, including the power to grant and
deemed submitted for decision or resolution
conduct new trials or Appeals must be
upon the filing of the last pleading, brief, or
continuous and must be completed within
memorandum required by the rules of the
three (3) months, unless extended by the
Commission or by the Commission itself.
Chief Justice.
Unless otherwise provided by this
Constitution or by law, any decision, order, or
ruling of each Commission may be brought
to the Supreme Court on certiorari by the BOOK VII, SEC. 25, ADMINISTRATIVE
aggrieved party within thirty days from CODE OF 1987
receipt of a copy thereof.
SECTION 25, EO 297 Judicial Review. –
(1) Agency decisions shall be subject to
BP 129, SEC. 9, AS AMENDED BY RA 7902 judicial review in accordance with this
(1995) chapter and applicable laws.

SEC. 9, BP129 as amended: Jurisdiction. – (2) Any party aggrieved or adversely affected
The Court of Appeals shall Exercise: by an agency decision may seek judicial
review.
1. Original jurisdiction to issue writs of
mandamus, prohibition, certiorari, habeas (3) The action for judicial review may be
corpus, and quo warranto, and auxiliary writs brought against the agency, or its officers,
or processes, whether or not in aid of its and all indispensable and necessary parties
appellate jurisdiction; as defined in the Rules of Court.

2. Exclusive original jurisdiction over actions (4) Appeal from an agency decision shall be
for annulment of judgments of Regional Trial perfected by filing with the agency within
Courts; and fifteen (15) days from receipt of a copy
thereof a notice of appeal, and with the
3. Exclusive appellate jurisdiction over all reviewing court a petition for review of the
final judgments, resolutions, orders or order. Copies of the petition shall be served
awards of Regional Trial Courts and quasi-
upon the agency and all parties of record. quasi-judicial functions. Among these
The petition shall contain a concise agencies are the Civil Service Commission,
statement of the issues involved and the Central Board of Assessment Appeals,
grounds relied upon for the review, and shall Securities and Exchange Commission, Office
be accompanied with a true copy of the order of the President, Land Registration Authority,
appealed from, together with copies of such Social Security Commission, Civil
material portions of the records as are Aeronautics Board, Bureau of Patents,
referred to therein and other supporting Trademarks and Technology Transfer,
papers. The petition shall be under oath and National Electrification Administration,
shall how, by stating the specific material Energy Regulatory Board, National
dates, that it was filed within the period fixed Telecommunications Commission,
in this chapter. Department of Agrarian Reform under
Republic Act No. 6657, Government Service
(5) The petition for review shall be perfected Insurance System, Employees
within fifteen (15) days from receipt of the Compensation Commission, Agricultural
final administrative decision. One (1) motion Inventions Board, Insurance Commission,
for reconsideration may be allowed. If the Philippine Atomic Energy Commission,
motion is denied, the movant shall perfect his Board of Investments, Construction Industry
appeal during the remaining period for Arbitration Commission, and voluntary
appeal reckoned from receipt of the arbitrators authorized by law. (n)
resolution of denial. If the decision is
reversed on reconsideration, the appellant SEC. 2. Cases not covered.—This Rule shall
shall have fifteen (15) days from receipt of not apply to judgments or final orders issued
the resolution to perfect his appeal. under the Labor Code of the Philippines. (n)
(6) The review proceeding shall be filed in SEC. 3. Where to appeal.—An appeal under
the court specified by statute or, in the this Rule may be taken to the Court of
absence thereof, in any court of competent Appeals within the period and in the manner
jurisdiction in accordance with the provisions herein provided, whether the appeal involves
on venue of the Rules of Court. questions of fact, of law, or mixed questions
of fact and law. (n)
(7) Review shall be made on the basis of the
record taken as a whole. The findings of fact Certiorari
of the agency when supported by substantial
evidence shall be final except when It is a writ emanating from a superior court
specifically provided otherwise by law. directed against an inferior court, tribunal, or
officer exercising judicial or quasi-judicial
functions. The purpose of which is to correct
errors of jurisdiction
RULE 43, REVISED RULES OF CIVIL
PROCEDURE (1) There must be a controversy

APPEALS FROM THE COURT OF TAX (2) Respondent is exercising judicial or

APPEALS AND QUASI-JUDICIAL quasi-judicial function
AGENCIES TO THE COURT OF APPEALS
(3) Respondent acted without or in excess of
SECTION 1. Scope.—This Rule shall apply its jurisdiction or acted with grave abuse
to appeals from judgments or final orders of of discretion amounting to lack of
the Court of Tax Appeals and from awards, jurisdiction; and
judgments, final orders or resolutions of or
(4) There must be no appeal or other plain,
authorized by any quasi-judicial agency in
speedy, and adequate remedy
the exercise of its
A petition for certiorari does not include a (4) The duty or act to be performed must be
correction or evaluation of the evidence but existing
is confined to issues of jurisdiction or grave
abuse of discretion [Villaruel v. NLRC] (5) There is no other plain, speedy, and
adequate remedy in the ordinary course
The enumeration of the quasi-judicial of law
agencies under Sec. 1, Rule 43 is not
exclusive. The phrase "among these Mandamus cannot compel discretionary acts
agencies" confirms that the enumeration in Purely administrative and discretionary
the Rule is not exclusive to the agencies functions may not be interfered with by the
therein listed. [Tze Sun Wong v. Wong] courts. Discretion, as thus intended, means
Prohibition the power or right conferred upon the office
by law of acting officially under certain
A writ issued by a superior court and directed circumstances according to the dictates of
against the proceedings of an inferior court, his own judgment and conscience and not
board, officer or other person whether controlled by the judgment or conscience of
exercising judicial, quasi-judicial, or others. [Meralco Securities v. Savellano]
ministerial functions for the purpose of
preventing the latter from usurping Declaratory Relief
jurisdiction with which it is not legally vested. The purpose of Declaratory Relief is to
(1) There must be a controversy relieve the litigants of the common law rule
that no declaration of rights may be judicially
(2) Respondent is exercising judicial or adjudged unless a right has been violated
quasi-judicial functions and for the violation of which relief may be
granted.
(3) Respondent acted without or in excess of
its jurisdiction or acted with grave abuse (1) Subject matter of controversy must be a
of discretion amounting to lack of deed, will, contract, or other written
jurisdiction; and instrument, statute, executive order or
regulation, or ordinance
(4) There must be no appeal or other plain,
speedy, and adequate remedy (2) Actual justiciable controversy or “ripening
seeds” of one between person whose
Prohibition is a preventive remedy to restrain interests are adverse
the doing of an act about to be done, and not
intended to provide a remedy for an act (3) No breach of documents in question
already accomplished. [Simon v. CHR]
(4) Doubtful as to the terms and validity of
Mandamus the document and require judicial
construction
A writ issued in the name of the State, to an
inferior tribunal, corporation, board, or (5) Issue is ripe for judicial determination, as
person, commanding the performance of an where all administrative remedies have
act which the law enjoins as a duty resulting been exhausted
from an office, trust, or station
6. Adequate relief is not available through
(1) There must be a clear legal right or duty other means or other forms of action or
proceeding
(2) The act to be performed must be
practical Citizenship cannot be determined in a
complaint for declaratory relief [Azajar v.
(3) Respondent must be exercising a Ardalles]
ministerial duty
The law does not require that there shall be (4) A bond must be posted ( Unless
an actual pending case for a petition for otherwise exempted by the court)
Declaratory Relief not to prosper. It is
sufficient that there is a breach of law, an (5) The threatened injury must be incapable
actionable violation to bar a petition for of pecuniary estimation
declaratory relief [De Borja v. Villadolid] When a Writ Must Issue [Lemi v. Valencia]
Habeas Corpus (1) In cases of extreme urgency
A writ issued by a court directed to a person (2) Where petitioner's right to the writ is
detaining another, commanding him to clear;
produce the body of the prisoner at a
designated time and place, with the day and (3) Where considerations of relative
cause of his capture and detention, to do, to inconvenience are strongly in his favor;
submit to, and to receive whatever the court
(4) Where there appears to be a willful
or judge awarding the writ shall consider in
invasion of petitioner's right, the injury
his behalf.
inflicted upon him being a continuing one;
The general rule in a number of cases is that
(5) Where the effect of the mandatory
the release, whether permanent or
injunction would not be to create a new
temporary, of a detained person renders the
relation between the parties
petition for habeas corpus moot and
academic, unless there are restraints EXTENT OF JUDICIAL REVIEW
attached to his release which precludes
freedom of action, in which case the Court The Law Fact-Distinction
can still inquire into the nature of his Question of Law - A question of law arises
involuntary restraint. [Lucien Tran Van Nghia when there is doubt as to what the law is on
v. Liwag] a certain state of facts
Injunction as a Provisional Remedy Question of Fact - when the doubt arises as
Injunction is a judicial writ, process, or to the truth or falsity of the alleged facts
proceeding whereby a party is ordered to do Question of Law
or refrain from doing a particular act
General Rule: Only questions of law can be
(1) There must be a verified application brought up on a petition for review [Japanese
(2) The applicant must establish that: War Notes Claimants v. Secretary]

a. He has a right to relief or a right to BUT even if there is unanimity in the decision
be protected and of lower bodies, if the conclusions drawn are
erroneous or not warranted by law, these
b. The act against which the injunction conclusions can still be the subject of judicial
is sought violates such right review. These are questions of law that are
reserved to the courts to determine. [Mejia
(3) The applicant must also establish that:
vda. de Alfafara v. Mapa]
a. There is a need to restrain the
The validity of the issuance of an
commission or continuance of the
administrative order is a question of law
acts complained of and
[People v. Santos]
b. If not enjoined would work injustice
Question of Fact
to him
Findings of fact by an administrative board or applies as well to the judicial and quasi-
official, following a hearing, are binding upon judicial acts of public, executive or
the courts and will not be disturbed except administrative officers and boards acting
where the board or official has gone beyond within their jurisdiction. [Dulay v. Minister of
h i s s t a t u t o r y a u t h o r i t y, e x e r c i s e d Natural Resources]
unconstitutional powers or clearly acted
arbitrarily and without regard to his duty or Requisites
with grave abuse of discretion. [Pefianco v. (1) There must be a final judgment or order
Moral]
(2) The court rendering it must have
The quantum of evidence required in factual jurisdiction over the subject matter and
questions is substantial evidence [Suarnaba the parties;
v. Workmen’s Compensation Commission] if
the findings are unsupported by substantial (3) It must be a judgment or order on the
evidence, the Court may review such merits;
findings of fact [Lamerya v. Pangilinan, See
(4) There must be, between the two cases
Also PAL v. Confessor, where the Court held
identity of parties, subject matter and
that it may still review such findings when it
causes of action.
deems that the findings of fact are not based
on a thorough examination of the contending Conclusiveness of Judgment
claims and evidence.]
The concept of conclusiveness of judgment
Questions of Discretion states that a fact or question which was in
issue in a former suit and was there judicially
In Laguna Taybas v. PSC, the Court refused
passed upon and determined by a court of
to review the PSC decision, holding that it
competent jurisdiction, is conclusively settled
will not substitute its judgment for that of the
by the judgment therein as far as the parties
Commission. CA 146, which created the
to that action and persons in privity with them
PSC emphasizes that its orders should be
are concerned and cannot be again litigated
reversed only if (1) without reasonable
in any future action between such parties or
support in the evidence or (2) rendered
their privies, in the same court or any other
against law or (3) issued without jurisdiction.
court of concurrent jurisdiction on either the
Similarly in PLDT v. NTC (1995) the Court same or different cause of action, while the
maintained that courts should not intervene judgment remains unreversed by proper
in that administrative process, save upon a authority. It has been held that in order that a
very clear showing of serious violation of law judgment in one action can be conclusive as
or of fraud, personal malice, or wanton to a particular matter in another action
oppression. between the same parties or their privies, it
is essential that the issue be identical. If a
ENFORCEMENT OF AGENCY ACTION particular point or question is in issue in the
Res Judicata and Finality of Judgment second action, and the judgment will depend
on the determination of that particular point
The decisions and orders of administrative or question, a former judgment between the
agencies rendered pursuant to their quasi- same parties or their privies will be final and
judicial authority, have, upon their finality, the conclusive in the second if that same point or
force and binding effect of a final judgment question was in issue and adjudicated in the
within the purview of the doctrine of res first suit. Identity of cause of action is not
judicata. The rule of res judicata which required but merely identity of issue. [Facuna
forbids the reopening of a matter once v. CA]
judicially determined by competent authority
Administrative Res Judicata as to be bound by its judgment. [Ambrosio v.
Salvador]
While the doctrine of res judicata applies
only to judicial or quasi-judicial proceedings, Execution must conform to that ordained or
and not to the exercise of administrative decreed in the dispositive part of the
powers, the Court has also limited the latter decision; consequently, where the order of
to proceedings purely administrative in execution is not in harmony with and
nature. Thus, when the administrative exceeds the judgment which gives it life, the
proceedings take on an adversarial order has pro-tanto no validity. [Clavano v.
character, the doctrine applies [Heirs of Derla HLURB]
v. Heirs of Hipolito]
Remedy
Execution
Mandamus is the proper remedy against a
Execution is a necessary step in the public officer/ employee, where there is
enforcement of an award, and while it is unlawful neglect to perform an act which the
procedural in nature and therefore law specifically enjoins as a duty resulting
essentially falls within the rule-making power from such public office, and when there is no
of the Court, it may be legislated upon by other plain, speedy, and adequate remedy.
Congress under its constitutional authority to Enforcement of an award is ministerial and
"repeal, alter or supplement the rules not discretionary [Vda de Corpuz v.
concerning pleading, practice and Commanding General]
procedure ..." [Apolega v. Hizon]
Execution by Administrative Agencies
The grant to a tribunal or agency of
adjudicatory power, or the authority to hear
and adjudge cases, should normally and
logically be deemed to include the grant of
authority to enforce or execute the
judgments it thus renders, unless the law
otherwise provides. [GSIS v. CSC]
Rules
A Writ of Execution can only be issued
against person/s upon whom the court/
tribunal has validly acquired jurisdiction, so
 RULE 65 REMEDIES

Cer$orari Prohibi$on Mandamus

D i r e c t e d   Inferior   court,   tribunal,   or   Proceedings   of   an   inferior   court,   board,   I n f e r i o r   t r i b u n a l ,  

Against officer   exercising   judicial   or   officer   or   other   person   whether   corpora:on,   board,   or  
quasi-­‐judicial  func:ons exercising   judicial,   quasi-­‐judicial,   or   person   exercising   ministerial  
ministerial  func:ons func$ons

Purpose Correct  errors  of  jurisdic:on Preven:ng   the   body   impleaded   from   C o m m a n d i n g   t h e  
usurping  jurisdic:on  with  which  it  is  not   performance   of   an   act  
legally  vested which   the   law   enjoins   as   a  
duty   resul:ng   from   an  
office,  trust,  or  sta:on  

Requisites (1)  There  must  be  a  controversy   (1)   There   must   be   a   clear  
(2)  Respondent  is  exercising  judicial  or  quasi-­‐judicial  func:on   legal  right  or  duty  
(3)  Respondent  acted  without  or  in  excess  of  its  jurisdic:on  or  acted  with   (2)  The  act  to  be  performed  
grave  abuse  of  discre:on  amoun:ng  to  lack  of  jurisdic:on;  and   must  be  prac:cal  
(4)  There  must  be  no  appeal  or  other  plain,  speedy,  and  adequate  remedy (3)   Respondent   must   be  
exercising  a  ministerial  duty  
(4)   The   duty   or   act   to   be  
performed  must  be  exis:ng  
(5)   There   is   no   other   plain,  
s p e e d y,   a n d   a d e q u ate  
remedy   in   the   ordinary  
course  of  law