Scribd
Upload
36 views

Chapter V Administrative Proceedings

Uploaded by

Bianca Ugay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
36 views

Chapter V Administrative Proceedings

Uploaded by

Bianca Ugay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 44

Chapter V:

Administrative
Proceedings
Powers and Functions of Administrative
Agencies
• Investigatory powers;
• Rule-making powers; and
• Adjudicatory powers.
Adjudicatory/Determinative Power

• Characteristic
• Jurisdiction
• Procedures of its exercise
Characteristic of Administrative
Proceedings
4 Characteristic of Administrative
Proceedings
• Adversary in Nature
• Quasi-Judicial or Judicial in Nature
• Civil, not Criminal in Nature
• Not an action at law
Adversary in Nature
• Generally, every proceeding is adversary in nature because
the primary purpose of the agency is to protect the public
interests.
⚬ Public interest is protected by following the mandated
laws and upholding the rights of both parties through a
fair trial or due process.
Judicial in Nature
• Proceedings before administrative bodies partake the nature
of judicial proceedings
⚬ Administrative Proceedings involves:
￭ Taking and evaluation of evidence;
￭ Determining facts based upon the evidence
presented; and
￭ Rendering an order or decision supported by the
facts proved
How about Quasi-Judicial Nature?
Quasi-Judicial in Nature
Due to their Inquisitorial power, which is also known as
examining or investigatory power, is one or the determinative
powers of an administrative body which better enables it to
exercise its quasi-judicial authority
Civil in Nature
Particular proceedings before an administrative agency have
been held civil rather than criminal in nature.

This is in regard to departmental trials or proceedings for the :

• discipline of police officers,


• license revocation,
• quarantine proceedings, and
• deportation proceedings.
Not an Action at Law
An adjudicatory proceeding before an administrative agency is
not an action at law; nor is it a litigation between private parties.
Jurisdiction of Administrative Agencies
Jurisdiction
It is the power and authority given by law to hear and decide a
case. Jurisdiction is determined through the following;

• Necessity
• Source
• Conduct
• Determination of Existence
• Failure to exercise
• Expiration or repeal of statutes
• Jurisdiction of courts
Necessity of Jurisdiction
Jurisdiction is essential to give validity to the determinations of
administrative agencies. Without jurisdiction, their acts are void
and open to collateral attack.
Source of Jurisdiction
Administrative agencies are tribunals of limited jurisdiction.
Their jurisdiction is dependent entirely upon the validity and the
terms of the statutes reposing power in them, and they cannot
confer jurisdiction on themselves.
Conduct of Jurisdiction
Jurisdiction cannot be conferred upon the agency by parties
before it. Accordingly, it is held that deviations from an agency's
statutorily established sphere of action cannot be upheld because
it is based upon agreement, contract, or consent of the parties.
Determination of Existence of Jurisdiction

This is the exception to the rule that jurisdiction cannot be


conferred. Jurisdiction can only be conferred when a particular
statute authorizes an administrative agency to act in a particular
situation, it necessarily confers upon such administrative agency
or authority.
Failure to Exercise Jurisdiction
This refers to the long duration that an administrative agency did not
or fails to exercise their jurisdiction where it would mean that such
power/authority does not exist.
The principle is applicable whereas an agency has declined in certain
cases to assume jurisdiction which it possesses.
Expiration or Repeal of statutes conferring
the Jurisdiction
Expiration of a statute does not deprive an administrative agency of
their jurisdiction to enforce the statute as to liabilities incurred while
the statute was in force.
Jurisdiction of Courts

Where the law confines in an administrative office the power to


determine particular questions or matters upon the facts presented,
the jurisdiction of such office shall prevail over the courts.
Procedure to be followed by Administrative
Agencies
Procedure to be followed by Administrative
Agencies
The procedure to be followed before administrative agencies is
generally not that prescribed for ordinary civil actions.
Administrative procedure may refer to the procedure for performing
the following;
• purely executive or ministerial functions,
• rule-making,
• and for adjudication of disputes.
Procedure to be followed by Administrative
Agencies (Statutes)
The procedure may be prescribed in the statute creating the agency
or in the rules promulgated by the agency by authority of law.
Procedure to be followed by Administrative
Agencies (Reasonable Method)

It has been held that where the statute does not require any
particular method of procedure to be followed by an
administrative agency, the agency may adopt any reasonable
method to carry out its functions.
Procedure to be followed by Administrative
Agencies (Informal Adjudication)

Administrative adjudications are made informally, especially where


the decision is made upon inspection or tests, or complaints. The
proceedings may not, however, be so informal as to amount to a
denial of the right to a hearing, and a mere general discussion
without issues drawn.
Elements of Right to Hearing
Elements of Right to Hearing
An administrative hearing, particularly where the proceedings are quasi-
judicial in nature, must be fair or as it is frequently stated, "full and fair,"
or "fair and adequate," or "fair and open."
The following are the elements:
• Scope of Right
• Actual hearing is not always essential
Elements of Right to Hearing (Scope of Right)

• To present his case or defense, and submit evidence, oral or


documentary, in support thereof;
• To know the claims of the opposing party and to meet them;
• To cross-examine witnesses for a full and true disclosure of the
facts; and
• To submit rebuttal evidence.
Elements of Right to Hearing (Actual hearing is
not essential)
An actual hearing is not always an indispensable aspect of due
process. As long as a party was given the opportunity to defend
his interests in due course, he cannot be said to have been
denied due process of law.
Investigation vs. Hearing
"Investigation" by government officials, which may be held in
private are informal proceedings to obtain information to govern
future actions, have no parties, and are not proceedings in which
action is taken against anyone.
Investigation vs. Hearing
In "hearings," there are parties and issues of law and of fact to
be tried and at the conclusion of the hearing, action is taken
which may affect the rights of the parties, and parties are
entitled to be present in person and by counsel, participate in the
hearing, and entitled to be furnished a record of the proceedings.
Proceeding in which no hearing is required

In many situations, a hearing is required neither by statute,


regulations, nor by the due process provision. The following are those
circumstances;
• Due process dependent upon the circumstances.
• Nature of right affected.
• Nature of power exercised.
• Waiver of right.
Evidence in an Administrative Proceedings
Evidence in an Administrative Proceedings

• Application of Strict rules of Evidence


⚬ The purpose is to free administrative bodies from the
compulsion of applying technical rules so that the mere
admission of matter which would be deemed incompetent in
judicial proceedings would not invalidate the administrative
determination.
Evidence in an Administrative Proceedings

• Particular Judicial Rules


⚬ This view has been applied in regard to the best evidence rule
where transactions between two parties should not be used
against a third party
Evidence in an Administrative Proceedings

• Essential Rules of Evidence


⚬ Evidence provided must be under oath
⚬ Evidence must have probative value
⚬ Burden of proof is properly allocated
⚬ The right to know the evidence submitted to inspect documents
and to cross-examine witnesses
Evidence in an Administrative Proceedings

• Hearsay Rule
⚬ Hearsay evidence is generally inadmissible in judicial
proceedings, however, it held admissible in proceedings before
administrative agencies.
⚬ It may be used for the purpose of supplementing or explaining
any direct evidence.
Evidence in an Administrative Proceedings

• Evidence offered during hearing


⚬ An evidence which is not introduced prior to the proceeding
cannot be treated as an evidence unless it is known to all parties
or a fact is properly supplied by official notice or presumption.
Evidence in an Administrative Proceedings

• Evidence regarding secret or confidential information


⚬ Generally, adjudicatory proceedings involving the interests of
parties, information cannot be withheld on the ground that it is
of confidential nature.
Evidence in an Administrative Proceedings

• Quantum of Proof
⚬ Unlike Criminal Case that requires reasonable doubt or in Civil
Cases which requires preponderance of evidence.
⚬ For administrative proceedings, parties may provide for a
greater or lesser degree of proof than simple preponderance so
long as as they are supported by substantial evidence.
Decision or orders in an Administrative
Proceeding
Decision or orders in an Administrative
Proceeding
• Necessity of Findings
⚬ The administrative agencies has the duty and the right
adduce evidence.
Decision or orders in an Administrative
Proceeding
• Form
⚬ Administrative decisions or orders must conform to the
statutes and the rules of the agency governing the
particular proceeding as well as applicable
constitutional prescriptions.
Decision or orders in an Administrative
Proceeding
• Finality
⚬ There is no general legal principal that mandates that all
decisions of quasi-judicial agencies are immediately
executory.
⚬ It becomes final and executory upon the determination
and declaration of legislative department or when the
law expressly so provides.

You might also like