2014 to 2016, 2017, 2018, 2019, 2020, 2021 and 2022 cases

Reviewer on
Administrative Law
Alberto C. Agra
January 31, 2023
SC Cases as of September 2022
 Administrative Law
o Definition: All the laws and policies that regulate
or control the administrative organization and
operations of the government through
administrative agencies (AAs)
o Classifications:
1. Internal and External Administration
2. Law that Controls (Charter) and those issued by
Administrative Agencies (Rules)
3. Substantive and Procedural Administrative Law
4. General and Special Administrative Law
5. Geographical and Functional Jurisdiction
Administrative Law Reviewer, Agra 2
 Administrative Agencies (AAs)
o An agency which exercises some significant form
or combination of executive, legislative or judicial
powers (“4th Branch”)
o All AAs are Public Offices
o AAs are “Delegates”
o Include boards, commissions, departments,
bureaus, offices, authorities, government
corporations, government instrumentalities, and
local governments
o Rationale: complex, diverse and specialized
concerns
Administrative Law Reviewer, Agra 3
 Administrative Agencies (AAs)

“4th Branch” Public Offices Legal Persons

Delegates/ Duty-Bearers/
Fusion of
Agents/ Accountable
Powers
Subordinates Institutions

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

Administrative Law Reviewer, Agra 6

 Charter: Enabling Instrument
1. Name 7. Jurisdiction
2. Principles (can provide
3. Mandate/ Purpose exclusions)
4. Powers 8. Structure
5. Duties and 9. Budget
Responsibilities 10. Dissolution
6. Relationships Differentiator
Administrative Law Reviewer, Agra 7
 Characteristics of AAs
1. Size 6. Delegated
2. Specialization/ Authorities
Functions 7. Accountability
3. Territory 8. Relationships
4. Responsibility for 9. Capitalization/
Results Funding (Stocks,
5. Administrative Duties if any)
Administrative Law Reviewer, Agra 8
 AA Categories
Creation Functional
o Constitution o Offers gratuities, grants or
o Congress privileges
o Executive o Performs specific
o AA themselves governmental functions
o Undertakes public service
Geographical
o Regulates businesses affected
o National: NGAs with public interest
o Local: LGUs o Exercises police power to
Capital Structure regulate private businesses
o GOCC o Resolves controversies
o GI 9
 Government Bureaucracy
o Administrative Agency/ o State Universities and
Government Agency Colleges
o Government-Owned and - o Public Corporation
Controlled Corporation o Public Office
o special charter/ parent o National Government
o non-chartered under Agency
Corporation Code/ o Quasi-Corporation
subsidiary o Quasi-Public Corporation
o Government o Municipal Corporation
Instrumentality with Proper/ Local Government
Corporate Powers Unit
o Government Financial o Quasi-Municipal
Institution Corporation
Administrative Law Reviewer, Agra 10
 GOCC vs. GICP
GOCC GICP
1. Organized as stock or non- 1. Neither stock nor non-stock
stock corporation 2. Not a corporation
2. Created by law or under 3. Created by law only (not under
Corporation Code Corporation Code)
3. Public character of its 4. Agency of the national government
function 5. Not integrated within the department
4. Government directly or framework
indirectly owns or controls 6. Vested with special functions or
at least a majority or 51% jurisdiction by law
share of the capital stock 7. Endowed with some if not all
corporate powers
5. Created for common good 8. Administering special funds
and must be economically
viable 9. Enjoying operational autonomy
10. Need not be economically viable
Administrative Law Reviewer, Agra 11
 GOCC vs. GICP
GOCC GI
Created by Special Law ✔ ✔
Created under Corp Code ✔ ✗
Governmental Function ✔ ✔
Common Good ✔ ✔
Economic Viability ✔ ✗
Corporate Powers ✔ ✔
Stocks divided into Shares ✔ ✗
Non-Stock ✔ ✗
Administrative Law Reviewer, Agra 12
 Recent Jurisprudence
Entity Characterization
Manila Int’l Airport Created under an Executive Order
Authority (GI) GI; not a GOCC since neither stock nor non-stock
Phl Society for the Quasi-Public Corporation (Private)
Prevention of Not subject to COA
Cruelty to Animals
Manila Economic Created under Corporation Code as non-stock corporation
and Cultural Office Not a GOCC (not owned by Government); Not a GI (since incorporated
(Not GOCC; Not GI) under Corporation Code)
Sui Generis
Funds subject to COA
Boy Scouts of the Created as corporation under Special Law (Commonwealth Act)
Philippines Juridical person under Civil Code (other corporations with public purpose)
(GI and GOCC) Public function - vital role of the youth
GOCC and GI – attached agency; need not meet twin test (economic
viability and control/ ownership test) - Sui Generis
Veterans Federation Created under RA 2640 and registered with the SEC
of the Philippines “Public corporation” per Charter; Adjunct of government; Classified as
(GOCC) GOCC to be privatized
Sovereign function; Control
Administrative Law and supervision
Reviewer, Agra of DND 13
 Recent Jurisprudence
Entity Characterization
Philippine Fisheries Dev’t Created under PD 977 as amended by EO 772
Authority (GI) GI; not a GOCC (has capital stock, but not divided into shares)
Leyte Metropolitan Water Created pursuant to PD 198
District GOCC with an original charter (since not under Corporation Code, not a
(GOCC) private corporation)
Quasi-Public under Charter
Philippine Economic Zone GI since not integrated within the department framework but is an
Authority (GI) agency attached to the DTI
Philippine Reclamation Incorporated GI
Authority Not a GOCC since not a stock nor a non-stock corporation; has capital
(GI) stock but not divided into shares
Not a GOCC since while established for common good, it need not meet
test of economic viability nor compete in market place
Metropolitan Waterworks GI under Executive (EO 596-2006) and Legislative (GCG Law)
and Sewerage System (GI; By its nature, it is a GOCC (stock corporation; meets common good and
“GOCC”) economic viability tests)
Bureau of Local Government Not an AA whose findings on questions of fact are given weight and
Finance (DOF) deference in the courts since only provide consultative services and
technical assistance to LGUs
Administrative Law Reviewer, Agra 14
 Recent Jurisprudence
Entity Characterization
Bases Conversion Not stock: Capitol stock not divided into shares
Development Authority Not non-stock: not organized under list purposes under Corp. Code
(GI) As GI, exempt from paying legal or docket fees
Exempt from Creditable Withholding Tax on the sale of its properties
Corregidor Foundation Non-stock corporation organized under Corporation Code
(GOCC) Has public interest, to maintain and preserve the war relics
Government has substantial participation in the selection of governing
board; has control over Foundation
GOCC
Under COA Audit
University of the GI under its Charter
Philippines Tax exemption pertains to assets owned by UP (not extend to assets owned
(GI) by lessee of UP land)
Philippine International Incorporated under PD 520; sole stockholder is Bangko Sentral ng Pilipinas
Convention Center Non-Chartered GOCC, subsidiary of BSP
(GOCC) Subject to COA
Philippine National GOCC under supervision of President
Construction Corporation Subject to COA
(GOCC) Non-chartered GOCC; under DTI
Administrative Law Reviewer, Agra 15
 AA Create Function Structure Gov’t Class Effect
PSPCA Law Animal Welfare Private ✗ Control Quasi-Public ✗ COA
MIAA EO Airport ✗ Stocks Owned GI ✗ RPT
MECO SEC/CC Trade, Fees Non-stock ✗ owned ✗ GOCC/ ✗ COA
GI
BSP Law Youth Attached GOCC/ GI COA
VFP Law/ SEC Veterans Adjunct (PC/ GOCC) DND
PFDA PD Fisheries ✗ Stocks GI ✗ RPT
WD PD Water GOCC COA
PEZA Law Eco. Zones Attached GI DTI
PRA PD Reclamation ✗ Stocks Control Inc. GI ✗ RPT/ ✗ Y
MWSS PD Water Stocks (GOCC)/ GI ✗ RPT/ Y
BCDA Law Bases ✗ Stocks GI ✗ Docket
Corr. SEC/ CC Relics Non-stock Control GOCC COA
UP Law Education GI ✗ RPT
PICC PD/ CC Convention Stocks Subsidiary GOCC COA/ BSP
PNCC CC Construction Stocks Supervise GOCC COA
Administrative Law Reviewer, Agra 16
 Rules
1. All AAs are POs, not all POs are AAs (e.g. Congress, Courts)
2. All AAs are GAs, All GAs are AAs (under GCG Act)
3. All PCs are AAs, not all AAs are PCs (e.g. Departments, GIs and
Commissions)
4. GOCCs are Corporations, GIs are not; GOCCs cannot be GIs (except
BSP)
5. GOCCs, not GIs, must meet twin constitutional test of common
good and economic viability
6. There are chartered (special law) and non-chartered GOCCs
(Corporation Code)
7. All Quasi-Corporations are GOCCs, All GOCCs are Quasi-
Corporations; GIs are not QCs since they are not corporations
Administrative Law Reviewer, Agra 17
 Why Distinguish?
1. Local taxation (GIs exempt – PFDA, MIAA, PRA, UP, MWSS [the
tax-exempt status of a government instrumentality is not lost
when it grants the beneficial use of its real property to a
taxable person; only the exemption of the real property
ceases in such case])
2. Legal/ docket fees (GIs exempt – BCDA) and Commissioners’
Fees (Land Bank since performing governmental function
related to agrarian reform)
3. COA jurisdiction (subject to COA – BSP, WD, MECO,
Corregidor, PICC, PNCC)
4. Garnishment (GI – PPA exempt from execution/ garnishment)
5. Relationship either attachment, control or supervision (VFP –
control and supervision; and BSP, PRA, PEZA – attached; PNCC
– supervision; under DTI; Corregidor - control)

Administrative Law Reviewer, Agra 18

 Administrative Relationship
o Areas: policies, rules, actions, operations, budget, decisions,
day-to-day, policy and program coordination
o Types:
1. Independent/ Autonomous (e.g. Commission on Elections)
2. Control and Supervision (e.g. President and DOTr, PRA; Mayor over
Department Heads)
3. Administrative Supervision (e.g. Province over Component City/
Municipality)
4. Attachment (e.g. DENR and LLDA; DOF and SSS; the approval or
disapproval of the DBM Secretary, sitting as ex officio officer as
required under the law would not have the effect of one member
of the board overturning the votes of the majority of the board
since it is, by legal fiat, actually the act of the President exercised
through his alter ego; Doctrine of qualified political agency does
not attach to the acts performed by cabinet secretaries in
connection with their position as ex officio members of an AA)
Administrative Law Reviewer, Agra 19
 Spectrum: Administrative
Relationship COA
o Change decision CSC
o Preside over COMELEC
o Modify choices
Board Ombudsman
o Overrule President o 1 vote in Board ERC
o Clip discretion over LGUs o Require reports
o Discipline

Control Supervision Attachment Autonomous

o Oversee and
President over monitor
IATF/ NGAs/ NGAs in o Functional
o Declare acts GOCC/ GI
Some GOCCs- illegal o Fiscal
GIs Boards
o Cannot change
choices
20
o Discipline
 Power of “Higher” over “Lower” to Control Supervision Attachment
Alter-ego ✔ ✗ ✗
Substitute judgment ✔ ✗ ✗
Overrule discretionary acts ✔ ✗ ✗
Change wisdom-based decision ✔ ✗ ✗
Impose rules on how to act ✔ ✗ ✗
Revise policy/ rules ✔ ✗ ✗
Discipline ✔ ✔ ✗
Declare acts illegal/ ultra vires ✔ ✔ ✗
Declare acts improper/ arbitrary ✔ ✗ ✗
Declare acts prejudicial to public welfare ✔ ✗ ✗
Review contracts on legal matters ✔ ✔ ✗
Require periodic reports ✔ ✔ ✔
Oversee to ensure actions legal ✔ ✔ ✗
Vote and Membership in Board ✔ ✗ ✔
Veto/ disapprove decisions of Boards ✔ ✗ ✗
Participate in day-to-day operations ✔ ✗ ✗
Administrative Law Reviewer, Agra 21
 Powers
o AAs possess Delegated, not Inherent, Powers
o Subordinate, not Superior to/ above Enabling Instrument/
Charter, Laws (set boundaries/ limit powers/ define
jurisdiction and limitations – under the law, COA audit
jurisdiction shall be limited to the 5% franchise tax and the
50% of the gross earnings pertaining to the Government as its
share)
o When there is a conflict, law prevails over rules
o In general, liberal, not strict, interpretation of powers
o AAs cannot prohibit what law does not prohibit (unless LGU,
provided no law is violated)
o Basic Powers
1. Investigative
2. Rule-Making or Quasi-Legislative
3. Adjudicative or Quasi-Judicial
Administrative Law Reviewer, Agra 22
 Powers

Delegated Subordinate
(not inherent) Legislation

Mandate- Liberal
Driven Interpretation
23
 Exercise of Powers

Ministerial (duty Discretionary

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

Mandatory
(requirements must be Directory
followed and non- (non-compliance with
observance is not requirement is excusable)
excusable)
24
 Delegation of Powers
o Potestas delegata non potest delegari
o Exceptions:
o President – tariff and emergency
o Local Governments
o People’s Initiative
o Administrative Agencies
o Tests of Valid Delegation:
1. Completeness (the ‘what’, rights; even if “formulate plan”
under Cybercrime Law); and
2. Sufficient Standards (may be broad, such as public order,
safety, social justice, quality of education, law and order under
definition of “Cybersecurity”; genuine local development;
public interest; but not vague; may be stated in separate law;
implied from purpose of law considered as a whole)
Administrative Law Reviewer, Agra 25
 Twin Tests of Valid Delegation
1. Completeness and
o sets forth therein the policy to be executed, carried out,
or implemented by the delegate (delegate will just
enforce)
2. Sufficient Standard
o provides adequate guidelines or limitations in the law to
map out the boundaries of the delegate’s authority and
prevent the delegation from running riot
o specifies the limits of the delegate’s authority,
announces the legislative policy, and identifies the
conditions under which it is to be implemented

Administrative Law Reviewer, Agra 26

 Law vs. Rule
Law (Congress/ LGUs) Rule (AAs)
o Why of law (purpose/ policy)? o How implemented?
o Who covered (not covered)?
o What are details?
o What are:
o Scope? Boundaries? o When statutory
Limitations? Exclusions? provisions become
o Classes? Categories? operative (if
o Acts? Rights? parameter/
o Duties? Responsibilities? condition in law)?
o Obligations? Requirements?
o Standards? Conditions?
o Offenses? Penalties?
o When take effect?
27
Must be Expressed in Enabling Law
General: Quasi-Legislation:
1. “What” law is 8. Contingent Rule
2. Relationship 9. Penal Rule
3. Prohibitory Powers Quasi-Judicial:
4. Jurisdiction 10.Quasi-Judicial
Investigation: 11.Enforcement of
5. Contempt Decisions
6. Subpoena 12.Resolve questions of
7. Search and Seizure law
Administrative Law Reviewer, Agra 28
 Menu of AA Powers

Investigate- Administrative/ Quasi-

Protect-Compel Executive Legislative

Others/
Quasi-Judicial Police Power
Corporate

29
 Investigate-Protect-Compel
Express/ Implied in Charter
o Cease and Desist
o Withdrawal of Privilege
Delegated by Law
o Preventive Suspension
o Abatement of Nuisance

Preventive/ Coercive/
Informational
Protective Penal

Express/ Implied in Charter

o Fact-Finding Delegated by Law
o Clearance o Contempt
o Ocular Inspection o Subpoena
o Visitorial o Search & Seizure
o Investigate anomalies
30
o File cases
 Cease and Desist Orders
Depending on Charter/ law:
o Mandate/ purpose of AA defines object of CDO
o Power can be express or implied
o Can be an incident of administrative or quasi-
judicial proceedings
o Can be done motu proprio, ex parte or after
notice and hearing (pre- or post-issuance)
o Observe pre-conditions (e.g. show cause order)
o Subject to administrative reversal and/ or
judicial review
31
 Investigative Powers (IP)
o partakes of judicial discretion, not judicial
function
o Express Grant o Express or Implied
1. Contempt (can be adjunct 1. Clearance
of IP, if law provides; not 2. Fact-Finding
exclusive to courts) 3. Ocular Inspection
4. Visitorial
2. Subpoena (enabling law
5. Create committee to investigate
needed; not implied from
6. Investigate anomalies (CSC)
IP)
Comelec can cite a person for
3. Search and Seizure indirect contempt for non-
(If not delegated, apply before appearance (implied from
courts constitutional power to IP, CHOPFE
and enforce laws)
(Presence of counsel not required)
Administrative Law Reviewer, Agra 32
 Rule-Making
o Definition: Power to Issue Rules/ Fill in details/ ‘How’
(not‘What’) a Law will be implemented; means to provide
direct and efficacious solutions to problems
o Nature: Laws are controlling and cannot be amended by a
rule; Subordinate Legislation, i.e., Inferior/ must not be
inconsistent with the Constitution, Laws and Charter, i.e.,
cannot change, amend or be in conflict with; test of valid
exercise of subordinate legislation
1. Germane to objects and purposes of law
2. Regulation not contradict and must conform with law
o Rationale: regulation highly complex, future situations cannot
be fully anticipated, practicability, expediency and expertise

Administrative Law Reviewer, Agra 33

 Rules on Rule-Making
1. Executive in nature
2. Rules partake of the nature of a statute
3. Force and effect of law (but are not laws)
4. Germane to the objects of the law
5. By authority of law
6. Issued by proper issuer
7. Interpretations persuasive (deserves cogent consideration);
not controlling upon courts (courts must apply the rules if
validity of rules not put in issue)
8. Presumed legal, valid and constitutional
9. Notice and hearing not required (unless law requires and
material change)
Administrative Law Reviewer, Agra 34
 Rules on Rule-Making
10. Mandatory to issue rules if “shall” used in enabling law
11. Pass reasonable test
12. Operative effect
13. Must be followed by other AAs; cannot postpone the
application (DOE Rules by ERC)
14. Rules of an AA may be used as basis for rules of another AA
15. Subject to judicial review unless business judgment (RTC
can determine if rule contravenes the Constitution or law)
16. Subject to repeal and amendment unless vested or
contractual rights involved
17. Prospective application
Administrative Law Reviewer, Agra 35
 Rule-Making
Requisites
1. Authority: by authority of law (DOJ has no
authority to issue a circular on HDO which
curtails right to travel absent an enabling law;
not fall within inherent power of DOJ to issue
rules)
2. Nature: Executive (not legislative - Congress
cannot limit or take over the President's power
to adopt IRR for a law it has enacted; if issued
by the President, power is self-executory by
virtue of its being inherently executive in
nature; falls under Faithful Execution Clause)
Administrative Law Reviewer, Agra 36
 Rule-Making
3. Substance: not contrary to law (subordinate legislation)
4. Scope: germane to the objects and purposes of the law
5. Procedure: properly promulgated; publication and hearing, if
required by law (Circular/ not Administrative Regulation [internal
rule] so not require hearing, publication and consultation)
6. Issuer: Issued by proper authority for assigned subject matter/
within its jurisdiction (FDA can issue circular based on AO of SoH;
IAC-Tobacco can issue rules on the basis of its authority to regulate
health aspects of tobacco; CSC cannot issue rules on positions
exempt from classification since outside jurisdiction; Career
Executive Service Board (CESB) is expressly empowered to
promulgate rules, standards and procedures on the selection,
classification, compensation and career development of the
members of the CES; findings of BLGF, an agency created to provide
consultative services, are not given weight by the courts)
Administrative Law Reviewer, Agra 37
 Dos and Don’ts/ Can and Cannot
Dos/ Can Don’ts/ Cannot
Issue rules to implement laws Enact/ amend/ repeal laws
Prescribe the “how” and provide details Define the “who, why, what, when”
Use or apply rules of other AAs Not follow or postpone the implementation
of rules of other AAs
Issue rules as directed by law o Issue rules outside of its mandate
o Refuse to issue rules if directed by
statute
Issue supplementary, interpretative, Issue contingent and penal rules absent
internal and procedural rule based on express authority
express or implied authority
Issue internal and interpretative rules Issue supplementary, contingent, penal and
without publication procedural rule without publication

Administrative Law Reviewer, Agra 38

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

Administrative Law Reviewer, Agra 39

 Rule Defined
“Rule” means any agency statement of general
applicability that implements or interprets a law,
fixes and describes the procedures in, or practice
requirements of, an agency, including its
regulations. The term includes memoranda or
statements concerning the internal
administration or management of an agency not
affecting the rights of, or procedure available to,
the public. [Section 2 (2), Chapter 1, Book VIII,
Revised Administrative Code]
Administrative Law Reviewer, Agra 40
 6 Types of Rules

Supplementary/
Procedural Penal
Implementing

Interpretative/
Contingent Internal
Opinions

41
 6 Rules
Supplementary Supplies the details, implements and supplements
the law, and governs the public.
Procedural Outlines the procedures and remedies.
Contingent Determines the existence of a fact which is
specified and defined in the law, and
operationalizes said statutory provision.
Penal Provides for the conditions and penalties for the
violation of rules as expressly allowed under the
law.
Interpretative States the official position or opinion of the AA.
Internal Governs the administration and operations of a
particular AA or other AAs.
Administrative Law Reviewer, Agra 42
 Examples of Rules
Supplementary Providing incentives to all government and private Health
Institutions with Breastfeeding Practices
Interpretative Issuing guidelines on treatment of discounts extended by
power suppliers
Procedural Outlining the procedure for the disqualification of nuisance
candidates
Penal Setting the penalties for violation of rules pursuant to the Fair
Election Act
Penalty of P1,000.00 per day for repeated defiance of its final
and executory judgment is reasonable and fair in relation to
the purpose of preserving the CSC's Constitutional mandate
Contingent Lowering the National Tax Allotment of LGUs on the basis of a
declaration of an unmanageable public sector deficit
Internal Disallowing release of retirement benefits to those with
pending cases
Administrative Law Reviewer, Agra 43
 Why Differentiate?
Type Grant Publication
Supplementary/ Express (E) Required
Implementing or Implied (I)
Interpretative E or I Not Required
Contingent E Required
Penal E Required
Procedural E or I Required
Internal E or I Not Required
Administrative Law Reviewer, Agra 44
 Ordinance-Making Powers
President Local Governments
o Executive Order (general or permanent o Territorial Application
character; must be published) o Sanggunian-enacted
o Administrative Order (aspects of and Governor/
government operations) Mayor-approved
o Proclamation (dates or declare status;
must be published) o More or less
permanent in
o Memorandum Order (administrative
detail, concerns particular officer) character
o Memorandum Circular (internal o Ordinances and
administration for all/ some agencies) Resolutions
o General or Special Order (as
commander-in-chief)
Administrative Law Reviewer, Agra 45
 Rule-Making: Valid Rules
Law Rules
AA decision final after 15 days appeal to OP within 30 days
procedure allowed but silent on period provide for 60 days
control and supervision require reports
DAR to CA DAR to OP to CA
exclusive authority to investigate withheld right to examine and cross-
examine during investigations
prescribe competition determine eligibility of bidders
provide for termination of OFW determine causes and factors
employment
provides exception to transferability of recognized rule on succession and
agricultural land subject to regulations implemented owner-cultivator policy in
agricultural development
Administrative Law Reviewer, Agra 46
 Rule-Making: Valid Rules
Law Rules
CSC constitutional mandate imposed penalty of P1,000.00 per day for
repeated defiance of its final and
executory judgment
Not give power to legislate (MMDA) adopt number coding-scheme is rule-
making
Law excludes heinous crimes from Inclusion of heinous crime in exception
benefit
Law silent as to amortization input tax rule bridges gap between 2 provisions of
credit law
Dishonesty serious, less serious, and simple
dishonesty
Registration through examination with Registration without examination (100
Bachelor’s Degree (work experience hours of workshops)
and updated education)
Administrative Law Reviewer, Agra 47
 Rule-Making: Invalid Rules
Law Rules
provident and/or employee-housing both provident/ retirement and housing
benefits superior to those …
vacation leave and sick leave shall be cumulative not cumulative
2 years from payment 10 years from payment
appeal 15 days 10 days
illegitimate children “may” use name of father “shall” use
provide additional allowances from only 1 source
enumerate fixed list of benefits added benefits
lists requirements for creation of provinces provides exception
qualifications fixed for elective officials added drug test
classify and mark tobacco exclusive sources
 Rule-Making: Invalid Rules
Law Rules
develop road programs declare roads - limited access
regulates promotion of milk ban certain aspects
academic freedom ban review classes
state insofar as it concerns their state/general public or other
individual franchise or right to exist entity
as such entity
campaign airtime limit per medium airtime limit for all stations
“Electronic Data Message” “but not limited to”
“abortifacient” “primarily” incluces abortion
not prohibit electro-fishing prohibit electro-fishing
silent on fixing fines fixed fines
 Rule-Making: Invalid Rules
Law Rules
prescribe minimum standards for law require passing of test otherwise law schools
admission cannot admit
increase awareness among lawyers prescribe mandatory training for lawyers
implement Salary Standardization Law revise salary grades
election at next election after effectivity of upcoming election where election period
law started
power to issue rules create substantial distinctions between
types of contractors
exempted under the Charter to fix fix compensation contrary to applicable law
compensation
“shall allow” end-users to the contestable mandatory migration to market (application
market needed; transfer is not automatic)
“other benefits” “wage-related benefits”
fix salaries schemes exempt under SSL Cannot fix without GCG approval
Administrative Law Reviewer, Agra 50
Rule-Making: Invalid Exercise
Law Rule
Creates Abolishes
Strict Requirements Liberalizes Requirements
No Requirement Imposes Requirement
Stated Requirement Alters/ Deletes Requirement
Enumeration Exclusive Adds/ Deletes Requirement
List with “others” Others not germane to list
No Classification Discriminates/ Classifies
Limited Application Expands Application
Broad Application Abridging Application
Fixed Period Changes Period
Continue Practice Discontinues Practice
Grant Power Nullifies Power
Administrative Law Reviewer, Agra 51
 Quasi-Judicial Power
o Definition: Deciding controversies, resolving conflicting claims
and positions
o Grant of Power:
o Express (Issuance of HDOs is judicial which DOJ has no authority to
wield)
o Includes those necessary powers (i.e., authority of DAR to conclude
proceedings under a law includes coordinate authority to continue its
QJ over controversies arising from said proceedings)
o Clearly defined jurisdiction/ cannot go beyond (NCIP: disputes
involving rights of ICCs/IPs only when they arise between or among
parties belonging to the same ICC/IP group/ intra-IP; CIAC: jurisdiction
covers transactions within construction industry where parties are in
construction industry and does not extend to damages to property of
private parties inflicted by a construction company; CTA no
jurisdiction over inter-AA disputes; as there is no law, PRC no
appellate jurisdiction over decisions of Board for Professional
Teachers)
Administrative Law Reviewer, Agra 52
 Quasi-Judicial Power
o Jurisdiction: AA must acquire jurisdiction over
subject matter to have authority to dispose of
case; if no jurisdiction, case should be dismissed
o Extent: Typically, only questions of fact (questions
of law or mixed if expressly permitted under the
Charter/ law)
o Limitation: Subject to Judicial Review (cannot
deprive courts of constitutional mandate)

Administrative Law Reviewer, Agra 53

 Types of Disposition
1. Directing (corrective/ award), e.g., backwages
2. Enabling (grant/ permit), e.g., grant of
franchise/ license (purely administrative
proceedings; not QJ)
3. Dispensing (exempt/ relieve), e.g., amnesty
4. Summary (compel/ force), e.g., cease and
desist
5. Equitable
Administrative Law Reviewer, Agra 54
 2 Proceedings before AAs
Administrative Proceedings Quasi-Judicial Proceedings
1. direct implementation of laws to certain 1. hearing and determining questions of fact to
given facts as a consequence of which the legislative policy is to apply
regulation; or 2. deciding in accordance with the standards laid
down by the law itself in enforcing and
2. an undertaking to gather facts needed to
administering the same law.
pursue a further legal action or remedy 3. taking and evaluating evidence
in the case of investigation 4. determining facts based upon the evidence
(Not involve the settling of disputes presented
involving conflicting rights and obligations 5. rendering an order or decision supported by
(not make binding pronouncements as to a the facts proved
party’s rights and/or obligations as a result 6. determining, what the law is; what the legal
of a conflict or controversy whether legal or rights and obligations of the contending
parties are; and based thereon and the facts
factual)
obtaining, the adjudication of the respective
rights and obligations of the parties.
Example: grant of authorization or permission to complaint proceedings involving the assessment
undertake a regulated activity (NTC) and settling of the contending parties’ respective
rights and obligations (NTC)
Administrative Law Reviewer, Agra 55
 Examples
Administrative Quasi-Judicial
o DOH: List of Notifiable Diseases o DTI: Violation of
o DSWD: Emergency Subsidy Program Consumer Act
o DILG: Investigation of Complaints o COMELEC: Election
Protests
o DENR-EMB: Issuance of Special Permit to
Transport Hazardous Wastes; determine
o IC: Statement of
Claims
appropriate report for a particular project
o ERC: Capital
o FDA: Authorizations and Licenses to Operate Expenditure
o SSS: Grant of Small Business Wage Subsidy o Ombudsman:
o BOC: Seizure of COVID 19-Necessary Goods Disciplinary Actions
o PPA: Issuance of Certificate of Entry/ Withdrawal o LLDA: Pollution-
Permit related
o Higher LGU:
o PACC: Investigation of Complaints complaint against
o NTC: Grant of license/ franchise local elective officials
56
o PCC: Clearance for M&As
 12 Rules on Quasi-Judicial
1. Power expressly given 7. Impartial Tribunal
2. Jurisdiction defined by 8. Substantial Evidence (not
Charter (not by AA or bound by technical rules
parties) but must have some
3. Questions of fact and/ or proof of authenticity)
law 9. Decision needed (need
4. Non-delegable (reception not be full blown like in
of evidence can be sub- courts; based on
delegated) completed investigation;
5. Follow procedural rules resolve all issues raised)
6. Due process – Notice and 10. Counsel dispensable
Hearing required 11. Subject to Judicial Review
(absence curable) 12. Courts accord great
respect
57
 Quasi-Legislative or -Judicial
Quasi-Legislative Quasi-Judicial
Increasing rates for all public Application for rate increase by a
utility buses particular public utility operator
Prescribing the procedure to Disqualifying a nuisance
disqualify nuisance candidates candidate
Adopting the procedures for Revoking a specific franchise
applying for a franchise
Issuance of Resolution on Declaring improper the
Reinvestment Fund for reinvestment
Sustainable Capital Expenditures

Administrative Law Reviewer, Agra 58

 Quasi-Legislative vs. Quasi-Judicial
Subject Quasi-Judicial Quasi-Legislative
Grant E E or I
Parties Particular All/ Sectors
Adversarial Yes No
Controversy Exists None
Notice and Hearing Required Not Required (unless law requires;
radical change) (Circular - internal)
Primary/ Applicable Not Applicable; judicial review at
Exhaustion first instance
Time Past/ Present Future
Publication Not Required Depends on type
Res Judicata Applicable Not Applicable
Administrative Law Reviewer, Agra 59
 QJ Proceedings
o Character: Adversarial, quasi-judicial, civil
o Jurisdiction: Defined by Law/ Charter (not by AA or consent of
parties, not acquired through or waived by any act or omission
of the parties; DOJ has jurisdiction over all disputes solely [i.e.,
all without exception] between GOCCs involving questions of
law)
o Writ of Certiorari: there must be a specific statutory grant to
issue (not by self-conferment of authority and not implied from
quasi-judicial/ legislative power)
o Nature: not delegable (but power to hear/ receive evidence can
be sub-delegated)
o Due Process (DINA): Decision, Impartial Tribunal, Notice and
Appear/ Defend (reasonable opportunity to be heard; observed
when affidavits submitted and evidence considered in earlier
ruling; due process requires that a decision must be based on
completed, not unfinished investigation)
Administrative Law Reviewer, Agra 60
 QJ Proceedings
o Procedure: reasonable, due process, meet ends, published
o Notice and Hearing
• Required (actual or constructive)
• Subject to waiver and estoppel
• Curable (i.e., subsequently heard, filing of motion of
reconsideration, oral arguments)
• Position papers allowed (unless a party invokes or does not waive
hearing)
• Not required when privilege, abatement, conditional right,
legislative or administrative
o Right to counsel not imperative
o Full Hearing: All Claims, Rebuttal, Evidence and Cross-Examination
(dispensable)
o AAs not bound by the technical rules of procedure (but must have some
proof of authenticity or reliability as condition for the admission of
documents) (discretion in granting respondent’s Motion for Extension
of Time to File Appeal from the Decision)
Administrative Law Reviewer, Agra 61
 Due Process: Notice and Hearing
Required Not Required
o Quasi-Judicial (except motu proprio/ ex o Rule-making unless:
parte orders) o Law requires
o Rule-making if: o Material change
o Law provides o Changes in rules and
o Affects a particular party like vested practices affecting general
and contractual rights public, not a particular
o Material change party with vested and
contractual rights
o Administrative/ Executive Actions if:
o Motu Proprio/ Ex Parte
o Notice/ hearing required by law
Administrative and
o Cannot be issued motu proprio/ ex Executive Action
parte
o MR filed by a particular party 62
 QJ Proceedings
o Evidence
• Substantial (unless law provides different quantum; need not be
overwhelming or preponderant; reasonable ground to believe that
respondent is responsible for the misconduct complained of)
• Ocular allowed (when relevant)
• Adoption of reports allowed
o Decision: Bases, Form (need not be full-blown like court decisions),
Parties, All Issues and Evidence; based on defenses raised (AA cannot
condone if condonation not raised)
o Deliberative Process (arbitral proceedings): excepted, provided
predecisional and deliberative, from constitutional right to
information
o Enforcement: by AA if authorized by law (if not, courts)
Administrative Law Reviewer, Agra 63
 Judicial Review of
Administrative Findings
o In deference to technical expertise (courts cannot determine the type of
environmental report which is within the AA knowledge and competence;
COA’s requirement for prior clearance is an instance of pre-audit which COA
can impose)
o AA findings must be accorded great respect if supported by substantial
evidence or amount of evidence which a reasonable mind might accept as
adequate to justify a conclusion; in the absence of substantial showing that
such findings were made from an erroneous estimation of the evidence
presented; unless sharp conflict with law; not conclusive and final before
courts and should not be applied in a straightjacket such as when there is
grave abuse of discretion; findings of fact by the Office of the Ombudsman are
conclusive when supported by substantial evidence unless there is grave
abuse of discretion
o Administrative decisions in matters within the executive jurisdiction can only
be set aside on proof of gross abuse of discretion, fraud, or error of law
Administrative Law Reviewer, Agra 64
 Judicial Review of
Administrative Findings
o Findings on questions of fact of an AA which only provide
consultative services and technical assistance to LGUs are not given
weight and deference in the courts
o An order, constituting executive or contemporaneous construction
of a statute by an administrative agency charged with the task of
interpreting and applying the same, is entitled to full respect and
should be accorded great weight by the courts, unless such
construction is clearly shown to be in sharp conflict with the
Constitution, the governing statute, or other laws
o AA business judgments/ policy matters/ purely administrative
matters (e.g. increase in SSS premiums) cannot be interfered with
by Courts
Administrative Law Reviewer, Agra 65
 Changing Factual Findings
Administrative Findings given weight (since AAs in better position to pass judgment
thereon), not disturbed unless:
1. Not based on substantial evidence
2. Fraud, mistake, collusion
3. Palpable errors
4. Grave abuse of discretion (clear showing; arbitrary or despotic manner which
must be so patent and gross as to amount to an evasion of a positive duty or a
virtual refusal to perform the duty enjoined by law; capricious and whimsical
exercise of judgment tantamount to lack of jurisdiction; acted without or in
excess of jurisdiction - exception to doctrine of immutability)
5. Mis-appreciation or erroneous estimation of evidence
6. Conflict in factual findings (e.g. among Labor Arbiter, NLRC and CA; contrary
to findings of arbitrators)
7. Rates fixed are unreasonable
The exceptions must be alleged, substantiated, and proved by the parties so the
Court may evaluate and review the facts of the case.
Administrative Law Reviewer, Agra 66
 Dos and Don’ts/ Can and Cannot
Dos/ Can Don’ts/ Cannot
o Resolve controversy based on mandate o Expand jurisdiction of AA by agreement of
o Rule on question of law if authorized by law parties or rule by AA
o Not assume jurisdiction under its mandate
Delegate reception of evidence to sub-unit Delegate QJ to its sub-unit
o Decide base on ocular inspection when issue o Rule on case without notice and hearing
based on perceivable facts unless cured or waived
o Decide case based on substantial evidence o Decide case based on position papers when
o Decide case based on report of sub-unit or parties invoke hearing
affidavits o Not resolve all issues raised
o Render a decision which is not full blown o Rule case based on extraneous defenses
o Not follow technical rules of procedure Decide case when there is no/ absent some proof
o Dispense with cross-examination of authenticity or reliability of documents
o Apply for execution of decisions before the o Execute its own decisions if no express
courts if no authority to execute under the law statutory authority
o Issue subpoena or cite persons in contempt is o Not publish procedural rules
empowered by law o Apply procedural rules retroactively
prejudicing parties
Administrative Law Reviewer, Agra 67
 Judicial vs. Quasi-Judicial
Aspect Judicial Quasi-Judicial
Public Office Courts AAs
Quantum of Criminal: Beyond Substantial
Proof Reasonable Doubt
Civil: Preponderance
Contempt/ Authorized If authorized by law
Subpoena
Technical Rules Follow Need not strictly follow
Decision Full-Blown Full-Blown not required
Cross-Exam Indispensable Dispensable
Enforcement Authorized If authorized by law
Counsel Indispensable Dispensable
Administrative Law Reviewer, Agra 68
 Judicial Review
o Decisions of AA which are declared by law final and
unappealable are still subject to judicial review if:
1. Certiorari o fail the test of arbitrariness
o upon proof of gross abuse of discretion
2. Prohibition o fraud
3. Injunction o error of law
o Covers grave abuse of discretion of an AA which
4. Mandamus does not exercise judicial, quasi-judicial or
ministerial functions
5. Declaratory o Mandamus not lie to direct the exercise of
judgment or discretion in a particular way on mass
Relief testing and efficient testing for COVID
o RTC has jurisdiction over the validity or
6. Appeal constitutionality of a rule
o Certiorari proper to assail an admin rule
Administrative Law Reviewer, Agra 69
 Scenarios

Higher/
Level 2
AA Courts
Lower/
Level 1
Defenses
o Ripeness: No actual injury, filed case in AA or Court
o Primary Jurisdiction: Instead of filing case before AA, filed directly with Court
o Finality of Action: While case pending before AA Level 2, filed case in Court
o Non-Exhaustion: After AA Level 1 decides case, filed case before Court
Administrative Law Reviewer, Agra 70
 Defenses: Judicial Review Premature
1. Doctrine of Finality of Administrative Action:
Decision of AA must be final before Judicial Review;
Exceptions:
o interlocutory orders
o protect rights
o violate Constitution
o excessive use of power

2. Doctrine of Primary Jurisdiction: AA concurrent with

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

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

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

w/ exceptions Yes Yes Yes No

Exceptions Interlocutory Judicial discretion Pure question of law None

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

Administrative Law Reviewer, Agra 75

 www.albertocagra.com
09175353823
alberto agra
[email protected]

Thank you.