admin reviewer II FINALS.doc

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CHAPTER V: ADMINISTRATIVE PROCEEDINGS

Generally1. In a single determination, an administrative agency may

act in both a legislative and a judicial capacity2. Duty imposed upon an administrative agency which

requires a quasi-judicial proceeding as a requisite of action iswidely different from ordinary executive action.

3. An administrative proceeding is at END when an appealhas been taken to court and is merged with the decree of court.

Character of Proceedings1. Adversary in nature; every proceeding is adversary in

substance if it may result in an order in favor of one person againstanother.

2. Such proceedings partake of the nature ofjudicialproceedings if it involves:

a. taking and evaluation of evidence.b. determination of facts based upon evidence presented

c. rendering an order or decision supported by the factsproved.

3. Particular proceedings before an administrative agencyhave been held civil rather than criminal in nature.

4. Under some statutes, an administrative proceeding isnot a private one but a public one looking to public ends.

5. Some administrative proceedings are preventive and

remedial to implement a public policy.

JurisdictionJurisdiction- power and authority given by law to hear and decidea case; consists of TWO elementsjurisdiction over SUBJECT-MATTER and over the PERSON.

1. Necessity- Essential to give validity to thedeterminations of administrative agencies; without jurisdiction,acts are void and open to collateral attack.

2. Source- Administrative agencies are tribunals of LIMITEDJURISDICTION, which is dependent entirely upon the validity andthe terms of the statutes reposing power in them.

3. Conduct- An administrative agency CANNOT enlarge itsown jurisdiction nor can jurisdiction be conferred upon an agencyby parties before it.

4. Determination of existence- When a particular statuteauthorizes an administrative agency to act in a particular situation,it necessarily confers upon such

agency authority to determine whether the situation is such as toauthorize the agency to act; an admin. agencys determination asto its jurisdiction is NOT conclusive to the courts.

5. Failure to exercise power- a failure to exercisejurisdiction DOES NOT result in a powers loss

6. Expiration or repeal of statute- expiration of a statutemay be held NOT to deprive an administrative agency ofjurisdiction to enforce the statute as to liabilities incurred while the

statute was in force, where a general saving statute continues suchliabilities.

7. Jurisdiction of courts- administrative agencies arecreatures of the law and they have NO general powers but onlysuch as conferred by law; where the law confines in anadministrative officer the power to determine particular questionsor matters upon facts presented, the jurisdiction of such officeshall prevail over courts.

a. Doctrine of PRIMARY JURISDICTION: If the determinationrequires the expertise, specialized skills and knowledge of theproper administrative bodies because technical matters or intricatequestions of facts are involved, then relief must first be obtained inan administrative proceeding before remedy will be supplied by the

courts.

Procedure to be followed1. Statutes and/or rules- procedure may be prescribed in

the statute creating the agency or in the rules promulgated by theagency by authority of law; rules of procedure are to be construedliberally in order to effect the just, speedy and inexpensivesettlement and disposition of disputes.

2. Reasonable method- where the statute does NOT requireany particular method of procedure to be followed by anadministrative agency, the agency may adopt any reasonablemethod to carry out its functions; it is a well-known rule that in

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proceedings before administrative bodies, technical rules ofprocedure are NOT binding.

3. Informal methods of adjudication- a great mass ofadministrative adjudications are made informally, especially wherethe decision is made upon inspection or tests, or complaints aredisposed of by consent or by correspondence. Even where a

hearing is NOT involved, informality cannot be carried to the pointof violating statutory requirements.

Rules on Adjudication (Book VII, 1987 Administrative Code)1. Sec 10. Compromise and Arbitration- every agency shall,

in the public interest, encourage amicable settlement, compromiseand arbitration.

2. Sec 11. Notice and Hearing in Contested Casesa. ALL parties shall be entitled to notice and hearing; the

notice shall be served AT LEAST 5 DAYS before the date of hearingand shall state the DATE, TIME, and PLACE of the hearing.

b. Parties shall be given opportunity to present evidenceand argument on ALL issues.

3. Sec 12. Rules on Evidencea. May admit evidence commonly accepted by

reasonably prudent men.b. Documentary evidence may be reproduction, with

opportunity of other party to compare with the original.c. Right to cross-examine witnesses.d. Agency may makejudicial notice to any technical or

scientific facts within in its specialized knowledge.4. Sec 13. Subpoena- The agency shall have the power to

require the attendance of witnesses or the production of books,papers, documents and other pertinent data; may invoke the aid ofthe RTC within whose jurisdiction the contested case falls.

5. Sec 14. Decision- every decision rendered by the agency

in a contested case shall be in WRITING and shall state clearly anddistinctly the facts and the law on which it is based; shall decideWITHIN 30 DAYS following the submission.

6. Sec 15. Finality of Order- decision shall be final andexecutory 15 DAYS after the receipt of a copy thereof

7. Sec 16. Publication and Compilation of decisionsa. Every agency shall publish and make available for public

inspection all decisions and final ordersb. it shall be the duty of the RECORDS OFFICER of the

agency to prepare a register or compilation of those decisions orfinal orders.

8. Sec 17. Licensing Procedure

a. Cancellation of license requires the procedure abovementioned.

b. License may not be withdrawn except for violation ofpertinent laws, rules and regulation, or when public health andsafety requires.

9. Sec 18. Non-expiration of license- an existing license

shall not expire if the licensee makes a time application for therenewal.

Chapter 4 (Administrative Appeal in Contested Cases)1. Sec 19. Appeal- an appeal from a final decision of the

agency may be taken to the DEPARTMENT HEAD.2. Sec 20. Perfection of Administrative Appealsa. Appeals shall be perfected within 15 DAYS after the

receipt of a copy of the decision complained of by the partyadversely affected.

b. If an MR is denied, the movant shall have the right toperfect his appeal during the remainder of the period for appeal,reckoned from receipt of the resolution of denial; if reversed on

reconsideration, the aggrieved party shall have 15 DAYS fromreceipt of the resolution.

c. Agency shall, upon perfection of appeal, transmit recordsto the APPELLATE AGENCY

3. Sec 21. Effect- appeal shall stay the decision appealedfrom if the appellate agency does NOT direct otherwise

4. Sec 22. Action on Appeal.- appellate agency may reviewrecord and receive additional evidences.

5. Sec 23. Finality of Decision of Appellate Agency-becomes final 15 DAYS after receipt of the decision by the parties.

6. Sec 24. Hearing Officers.number of hearing officers ofan agency dependent on necessity.

7. Judicial Review

a. agency decisions shall be subject to judicial reviewb. any party aggrieved or adversely affected b an agencydecision may seek judicial review.

c. action may be brought against the AGENCY, itsOFFICERS, and ALL INDISPENSABLE AND NECESSARY PARTIES

d. appeal shall be perfected by filing with the agency within15 DAYS from receipt of copy; copies shall be served upon theagency and ALL parties of records

e. petition for review shall be perfected within 15 DAYSfrom receipt of the final administrative decision; 1 ME may beallowed.

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8. Sec 26. Transmission of Record- Within 15 DAYS fromthe service of the petition for review, the agency shall transmit tothe court the original or a certified copy of the entire records of theproceeding under review.

Controversies among government offices and corporations

1. How settled- all disputes of government agencies andcorporations are settled administratively in the manner providedby the Administrative Code (Book IV, Chap. 14)

2. Disputes involving questions of law- submitted to Sec ofJustice as Attorney-General. His ruling shall be binding on all theparties concerned.

3. Disputes involving questions of Fact and Law.settledby:

a. Solicitor-General, if the dispute, claim or controversyinvolves only departments, bureaus, offices, and other agencies ofthe National Government as well as the GOCCs.

b. Secretary of Justice, in all other cases not mentionedabove.

4. Arbitration.the determination of factual issuesmay be made by arbitration panel composed of representativesfrom each parties, presided over by Sec of Justice.

5. Appeals.as a rule, the decision ofSol-Gen andSecretary of Justice is binding and final; exception is when theclaim involves 1 million pesos, in which case, the dispute isappealed to the President.

6. Rules and regulations.Secretary of Justicehas the duty to craft the rules and regulation.

Due Process of law in administrative adjudication1. Nature- The right to DP is not merely statutory but a

constitutional right; it applies to, and must be observed in judicial

as well as administrative proceedings to every case which maydeprive a person of life, liberty and property.2. Essence- simply an opportunity to be heard.3. Standard- administrative tribunals exercising quasi-

judicial powers are thus free from the rigidity of certain proceduralrequirements observed in the courts.

4. Requisites- (code:NOTaF)a. Right to notice (actual or constructive)b. Reasonable opportunity to defend rights and

present witness/evidence.

c. A tribunal so constituted as to give him reasonableassurance of honesty and impartiality, and on of competentjurisdiction

d. A finding or decision by that tribunal supported bysubstantial evidence presented at the hearing or at leastascertained in the records or disclosed to the parties affected.

5. Effect of non-observance- denial of DP constitutes GAD;a decision is VOID for lack of DP if as a result, a party is deprived ofthe opportunity to be heard.

Institution of proceedings1. Some proceedings are instituted by simple ex parte

applications2. Others are instituted by filing of a charge or complaint

by an aggrieved person.3. Under other statutes, particular administrative agencies

may institute proceedings on their own initiative, motion, orcomplaint.

Necessity for notice and hearing1. General rule: notice and hearing not essential when

agency exercises administrative, executive, or legislativefunctions.

2. In quasi-judicial function: parties entitled to notice andhearing.

3. In administrative proceedings (quasi-judicial) notice andhearing may, to a fault, be dispensed with, but the opportunity tobe heard must at all times be afforded to the parties.

4. DP requirements are usually in the statute, but if none isprovided, the Constitutional guarantee of due process of law mustbe upheld. (Notice to enable a party to be heard and to presentevidence is not a mere technicality or a trivial matter in any judicial

or quasi-judicial proceedings. The service of summons is a veryvital and indispensable ingredient of DP).

Sufficiency of notice1. Where a statute or rule provides the manner, form, and

time of notice, the notice must conform with the prescribedprovisions, at least substantially, and a statutory provision mayNOT be altered by a rule of the agency.

Waiver of right to notice

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1. A failure to comply with the requirements as to noticeand process mat result in a FAILURE TO ACQUIRE JURISDICTION;notice may be WAIVED.

Denial of DP may be cured1. When an agency fails to affordprevious notice, it may be

cured by subsequently giving the party an opportunity to be heard.2. Motion for reconsideration is a means to cure the defect

of notice. Because in a MR, a party has the opportunity to beheard.

Elements or essentials of right to hearing (code:PeK-CE)1. to present his case or defense, and submit his

evidence, oral or documentary, in support thereof;2. to know the claims of the opposing party and to meet

the other party;3. to cross-examine witnesses for a full disclosure of the

facts; and4. to submit rebuttal evidence.

Duty of administrative body to consider the evidence presented1. The admin agency/officer cannot set aside an evidence

adduced by a party without notice or consideration2. The official or body must act on its own consideration of

the law and the facts of the controversy, and not simply accept theview of the subordinate

Investigation v. HearingINVESTIGATION HEARINGBy government officials, whichmay be held in private areinformal proceedings to obtain

information to govern futureactions, have NO parties, andare NOT proceedings in whichaction is taken against anyone.

There are parties and issues oflaw and of fact to be tried andat the conclusion of the hearing,

action is taken which may affectthe parties rights and partiesare entitled to be present inperson and by counsel,participate in the hearing, andentitled to be furnished a recordof the proceedings.

Requirement by notice and hearing by law or regulation1. When a statute requires notice and hearing in reaching

an administrative determination, such statutory requisite must be

met or the determination is INVALID; an express requirement isNOT necessary.

2. In the absence of express statutory provision, thequestion whether there is a right to notice and hearing is to bedetermined by the TERMS OF THE PARTICULAR STATUTE ANDATTENDANT CIRCUMSTANCES.

a..Courts have refused to read a hearing requirement intoa statute which does NOT specifically provide for a hearing inmatters involving mere privilege and NOT a property right (i.e.liquor, racing, or other license)

b.Provision for an investigation does NOT require ahearing and a provision for a hearing

3. The regulations, if provided, may be held to embrace allelements of a fair hearing.

Constitutional requirement of notice and hearing1. Fundamental or essential requirements of procedural

due process is NOTICE and HEARING (opportunity to be heardeither before a court or an administrative agency).

2. In the performance of its executive or legislativefunctions, such as issuing rules and regulations, an administrativebody need NOT comply with the requirements of notice andhearing (only in quasi-judicial functions).

Proceedings in which NO HEARING IS REQUIRED1. In some instances in administrative proceedings, it is not

required; what is due process of law depends upon thecircumstance. It varies with the subject matter and the necessitiesof the situation.

2. Notice and hearing are necessary in order to complywith due process of law ONLY when constitutional right is claimedto be invaded and the Constitution does not require a trial-type

hearing in every conceivable case (i.e. cases to decide whether aright or privilege shall be granted/withheld, only privilege isinvolved, not personal/property rights, where right is grantedconditionally and subject to termination)

3. Requirement of notice and hearing is NOT essentialwhere the proceeding or power exercised is legislative, executive,administrative or ministerial in nature (i.e. summary abatement ofnuisance which affects the immediate safety of persons andproperty; in summary proceedings of distraint and levy upon aproperty of a delinquent tax payer; in the preventive suspension ofa public officer pending investigation; interlocutory order; where an

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administrative agency merely passed upon the sufficiency of theevidence presented before an office)

4. The right to a hearing or to particular elements of a fairtrial is WAIVABLE; failure to attend a hearing, notice of which hasbeen served on a party, effects forfeiture of his right to be heard.

Applicability of rules governing judicial proceedings1. The procedure of administrative agencies is NOT as

formal and strict as that of the court, and the regularity of suchproceedings is not to be tested by the strict legal rules whichprevail in courts.

2. Administrative agencies, the same as courts, must actwithin and cannot exceed their jurisdiction; an administrativeagencys exemption from strict legal rules of procedure does NOTempower it to act arbitrarily and even statutory exemption fromrules of procedure cannot authorize exemption from due processguarantee.

Delegation of authority to hear and receive evidence

NOTE! It is well-settled that while the power to decide residessolely on the administrative agency vested by law, this does notpreclude a delegation of the power to other persons such as ahearing officer, examiner, or investigator to receive evidence tohold a hearing and make reports)

1. It is essential that judgment and discretion are finallyexercised by proper officer.

2. It is NOT required that the actual taking of testimony bebefore the same officer who will make the final decision, as long asthe party is not deprived of his right to present his own case andsubmit evidence in support thereof.

3. The officer who makes the determinations mustpersonally consider and appraise the evidence which justifiesthem.

Evidence in administrative proceedings1. An administrative agency is NOT bound by the strict

rules governing the reception of evidence in court proceedings; theobvious purpose is to free administrative bodies from thecompulsion of applying technical rules so that the mere admissionof matter which would be deemed incompetent in judicialproceedings would NOT invalidate the administrativedetermination.

2. Basic rules of evidence which an administrative agencyhas been required to observe are (code: OPAD-RICO): giving ofevidence under oath; principle that evidence must have probativevalue; the proper allocation of burden of proof, the degree of proof,the right to know evidence submitted or to be reconsidered; toinspect documents; to cross-examine witnesses, and to offer

evidence in explanation or rebuttal)3. Evidence must be SUBSTANTIAL; the complainant has

the burden of proving, by substantial evidence, not proof beyondreasonable doubt, the allegations in his complaint. When twoconflicting occasions are supported by substantial evidence, theadministrative body may choose which to uphold and for thatreason even flip-flop on its actual findings without committing GAD.

NOTE! Substantial evidence- such relevant evidence as areasonable mind might accept as adequate to support aconclusion; mere uncorroborated hearsay or rumor does NOTconstitute substantial hearing

4. Hearsay evidence is generally held admissible in

proceedings before administrative agencies, at least, for limitedpurposes, especially when NOT objected to and does NOTnecessarily deny a fair hearing or vitiate the proceeding orinvalidate an order.

5. Dying declarations, and other admissions anddeclarations against interest, have been held admissible inadministrative proceedings.

6. Decision must be rendered on the evidence presented atthe hearing or at last contained in the record and diclosed to theparties affected; evidence without any rational probative valuemay NOT be the basis of an order or decision of an administrativebody.

7. Courts have generally held that it is improper for an

administrative agency in a quasi-judicial or adjudicatoryproceeding to base its decision or findings upon facts gatheredfrom its own files without introducing them in evidence.

8. In adjudicatory proceedings involving primarily theinterests of private litigants, information cannot be withheld fromthe parties on the ground that it is of confidential nature.

9. Proceedings does not require proof beyond reasonabledoubt as in criminal cases or preponderance of evidence in civilcases; a statute may specially provide for a greater or lesserdegree of proof than simple preponderance.

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NOTE! An administrative body may not require a degree of proofHIGHER than substantial evidence

Decisions or Orders1. The right to adduce evidence, without the corresponding

duty on the part of the administrative duty on the part of the

administrative agency to consider is vain; the decision must bebased on the evidence presented t the hearing, or at leastcontained in the record and disclosed to the parties affected.

a. Express findings are necessary or desirable:i. so that it may be known upon what action of the

administrative agency is based as well as to protect and assure theparties against careless and arbitrary action.

ii. to enable courts to perform their function ofreview.

iii. to give the reviewing court the assistance of anexpert judgment.

2. Administrative decisions or orders must in particularcases conform to the statutes and the rules of the agency

governing particular proceedings.a. They must be in proper form, authenticated asprescribed

b. The mandate imposed by the Constitution to stateclearly and distinctly the facts and the law on which a decision isbased REFERS ONLY TO A COURT.

3. General rule: decisions become executory ONLY AFTERthey have become final and executory.

Exception: execution pending appeal; it becomes finaland executory AFTER the lapse of the reglementary period pfappeal if NO appeal is perfected.

Where administrative agency is a collegiate body

1. Powers and duties of an administrative agency or boardmay NOT be exercised by individual members SEPARATELY; theiracts are official only when done by members convened in session,upon a concurrence of at least a MAJORITY and with at least aQUORUM present.

2. If individuals act alone, their actions are renderedNUGATORY.

Power of administrative agencies to modify their decisions1. Administrative determinations are subject to

reconsideration and changes so long as NO rights have vested in

the meantime and so long as they have not passed beyond controlof the administrative authorities.

2. Grounds to modify determinations: (code: FaMaS-INaM)

a Fraud of impositionb. Mistake

c. Surprised. Inadvertencee. Newly discovered evidencef. Meet changed conditions (whether by express provision

OR principles applied by courts)g.. DELAY in acting does NOT deprive the administrative

authorities of jurisdiction.

Application of the Res Judicata Doctrine1. Doctrine operates ONLY upon the parties and prevents

them, on account of a prior determination, from litigating acontroversy or issue which could have been litigated in the

subsequent proceeding2. Applicable: adjudicatory, judicial and quasi-judicialproceedings

3. Inapplicable: administrative decisions ofadministrative, executive, legislative or ministerial nature andlabor relations proceedings (non-litigious and summary in naturewithout regard to legal technicalities obtaining n courts of law.

4. Applicability of Res Judicata is a matter of interpretingthe enabling statute; some statutes may limit or restrict the extentto which an administrative determination may operate as ResJudicata.

5. A determination of Res Judicata attaches to the courtsjudgment rather than to the administrative decision.

6. ELEMENTS: (code: PaJMI)a. previous final judgment/orderb.jurisdiction over subject-matter and parties by the

court rendering decisionc. judgment on the meritsd. identity of parties, subject-matter and cause of action.

Administrative appeal and reviewDifferent types and kinds of appeal and review:

1. Inheres in the relation of administrative superior tosubordinate.

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2. Embraced in statutes which provide for a determinationmade by a particular officer or body subject to appeal,review, or redetermination.

3. Statute making the court a part of administrative scheme(exercise powers that differ from ordinary judicial function)

4. The statute provides that an order made by a division

of a Commission or Board has the same force andeffect as if made by the Commission subject to arehearing by the FULL Commission

5. That in which the statute provides for an appeal to anofficer on an intermediate level with subsequent appeal.

6. Appeal at the highest level, namely, the President.

Action by administrative appellate tribunal1. Authority by superiors to reverse the findings of their

subordinates must be exercised sparingly and only upon clearshowing of error.

2. Review must NOT be whimsical or arbitrary or devoid ofsubstantial basis.

3. The scope and extent of review in the administrativesystem will depend upon the statutory scheme of distributionof powers as between the officer or body making the initialdecision; generally, a DE NOVO (new trial by a differenttribunal) review is required unless the law provides otherwise.

4. Reviewing officer must be OTHER THAN the officerwhose decision is under review.

5. Section 15, Chapter III, Book VII of the 1987Administrative Code: decisions of administrative agenciesbecome final and executory 15 days AFTER receipt of a acopythereof by parties adversely affected.

a. exception: UNLESS within that period anadministrative appeal or judicial review, if proper, is allowed.

Enforcement of administrative decisions1. General rule: Administrative determinations are

enforceable only in the manner provided by statute. If there isno provision of a remedy for enforcement, it is unenforceable.

2. Legislature may aid the enforcement of administrativedeterminations by providing a penalty for failure to complypromptly therewith and direct and positive sanctions are alsoafforded.

NOTE! Congress is WITHOUT power to authorize a purelyadministrative official to determine whether a crime has been

committed; the imposition of criminal penalties is a JUDICIALFUNCTION)

3. In the absence of statute, administrative authorities mayNOT enforce their own determinations.

4. Methods of enforcement:a. Focusing of public opinion

b. Revocationc. Suspensiond. Refusal to renew licensee. Refusal to grant clearance papers to shipsf. Withholding/denying benefitsg. Imposing conditionsh. Seizure and sale or destruction of propertyi. Exclusion and deportation of aliensj. Suspension or revocation of certificates of public

conveniencek. Imposition of penalties and surchargesl. Imposition of fines and forfeituresm. Summary distraint of personal property

n. Levy of real property for non-payment of taxeso. Summary abatement of nuisance5. Whatever irregularities that may attend to the issuance

of the writ of execution should be referred to the SAMEadministrative tribunal.

6. Administrative bodies generally have NO power toenforce their decisions or orders but such decisions or orderscan be enforced ONLY by courts. Two ways:

a. filing petition to execute action; attach to complaintb. look for remedy/relief if admin agency has NO

jurisdiction.

CHAPTER VI: JUDICIAL REVIEW OF, OR RELIEF AGAINST,ADMINISTRATIVE ACTIONS

Concept of Judicial ReviewJudicial review may embrace any form of judicial scrutiny of a latterwhich arises when such action is brought into question before acourt.

1. Problem: brings into the judicial process into conflictwith the administrative process and presents vital questions as tothe relative roles of administrative agencies and courts.

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2. Administrative agencies perform functions which areBEYOND the capacity of courts

3. Questions of LAW AND VALIDITY- for the courtQuestions of FACT, POLICY or DISCRETION- for the

agency.4. Administrative interpretation is at best ADVISORY for it is

the courts that finally determine what the law means.5. General rule: Courts CANNOT interfere with the actions

of government agencies.Exception: UNLESS there is a clear showing of capricious

and whimsical exercise of judgment or grave abuse of discretionamounting to lack or excess of jurisdiction.

Certiorari, Prohibiton, and Mandamus DO NOT lie againstthe legislative and executive branches.

Right to Judicial ReviewSuch right has reference both to the power and right of the court togrant the review sought AND the right in the person who invokesthe power of the court.

1. General rule: when legislation provides for an appealform decisions of certain administrative bodies to the CA, they aredeemed CO-EQUAL with RTC.

2. NO inherent right to judicial review of the action of anadministrative agency; appeal is of a statutory origin; it is NOT arequirement of due process.

3. Courts are exceedingly slow to rule that a statuteprecludes all judicial review; there is considerable area wherelegislative discretion may grant or withhold or narrow the scopeand extent of judicial review.

4. Rules:a. General rule: Where a full hearing is provided, the

determination of that tribunal may be made FINAL.

b. Congress is constitutionally free to make anadministrative determination final and immune from judicial reviewc. Administrative determinations involving POLITICAL

QUESTIONS need NOT be submitted to a court for reviewd. Government is not bound to provide a remedy in the

courts.e. When Congress grants a right to resort to the courts by

way of appeal, it may restrict review to a single court.f. Congress may place procedural conditions and

restrictions upon the right to judicial review.g. Provisions that administrative decision or action shall be

subject ONLY to administrative review.

h. NO constitutional objection to making findings of factsconclusive if supported by evidence or to a provision.

e. Judicial review becomes a matter of constitutionalnecessity in some situations; such review springs from thefundamental concept of SUPREMACY OF LAWwhich lodges in thecourts, inherent authority to determine constitutionality of

statutes.

Rules governing appeals from judgments of quasi-judicial agencies1. Agencies covered:

a. CSCb. Central Board of Assessmant Appealsc. SECd. Land Registration Authoritye. Social Security Commissionf. Office of the Presidentg. Civil Aeronautics Boardh. National Telecommunications Commissioni. DAR (under RA no. 6657)

j. GSISk. Employees Compensation Commissionl. Agricultural Inventions Boardm. Insurance Commissionn. Philippine Atomic Energy Commissiono. BoIp. Construction Industry Arbitration Commission

2. Where to appeal- may be taken to the CA within theperiod and in the manner provided whether it involvesquestions of fact, law or mixed.

3. Period- appeal shall be taken within 15 days from:a. notice of the award, judgment, final order, or resolution;

or b. from the date of its last publication if such is required bylaw for its effectivity

c. only 1 motion for reconsideration is allowedd. upon proper motion AND payment of the full amount of

docket fee before the expiration of the reglementary period, the CAmay grant an additional period of 15 days only within which to filethe petition for review.

4. How appeal taken- Appeal shall be taken by filing averified petition for review in 7 legible copies with the CAwith proof of service of a copy thereof.

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5. Upon filing of the petition, the petitioner shall pay to theCoC of the CA the docketing and other lawful fees and deposit thesum of P500.00 for costs.

a. Exemptions may be granted by the CA upon a verifiedmotion setting forth valid grounds thereof.

6. Contents of the petition: code: (NaSC-DaF)

a. State the full names of the parties to the caseb. Contain concise statements of the facts and issues

involved and the grounds relied uponc. Be accompanied by a clearly legible duplicate

original or a certified true copy of the award, judgment, finalorder, or resolution appealed from.

d. State the specific material dates showing that it wasfiled within reglementary period.

e. Contain sworn statement against forum shopping.7. Failure of petitioner to comply with the foregoing

requirements regarding the payment and petition contents shall besufficient grounds for DISMISSAL

8. CA may require the respondent to file a comment on

petition within 10 days from notice; CA may dismiss the petitionif it finds it to be patently without merit9. Comment be accompanied by clearly legible certified

true copies of such material portions of the record; it shall point outinsufficiencies or inaccuracies in petitions statements.

a. Court may give due course to petition or it shall dismissthe same.

10. Transmittal of record- within 15 days from noticethat the petition has been given due course, the CA mayrequire the court/agency concerned to transmit the original orlegible certified true copy.

11. Effect of appeal- appeal shall NOT stay the award ofjudgment, final order or resolution sought to be reviewed unlessthe CA shall direct otherwise.

12. Submission for decision- If the petition is given duecourse, the CA may set the case for oral argument or require theparties to submit memoranda within a period of 15 days fromnotice; it shall be deemed submitted upon the filing of the lastpleading/memoranda.

Administrative findings and constructions generally conclusiveIn reviewing administrative decisions, the reviewing court cannotre-examine or weigh once more the factual basis and sufficiency ofthe evidence submitted before the administratve body and

substitute its own judgment1. Substantial evidence rule: courts will NOT disturb the factualfinding of administrative agencies acting within the parameters oftheir own competence if supported by substantial evidence.

a. Due to their special knowledge, expertise, and experiencegained from the handling of specific matters falling underrespective jurisdictions, the courts ordinarily accord greatweight and respect, also due to the separation of powers.b.When confronted with conflicting versions of factual matter,it is for them the exercise of discretion to determine whichparty deserves credence on the basis of the evidence received.

Finality of Administrative action for purposes for review1. Courts are reluctant to interfere with action of an agency

PRIOR to its completion or finality (REASON: absent a finalorder or decision, power has not been fully and finallyexercised, and there can usually be NO irreparable harm); it isonly AFTER judicial review is no longer premature that a courtmay ascertain whether such administrative decisions are not inviolation of the law.

2. Review may be DENIED as a merepronouncement/recommendation NOT acted upon.

3. The mere informality of a decision does not prevent itsreview if it is otherwise final.

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STEPS:STEP ONE:a. Petitoner takes appeal to the CA by filing a verified petition for

review in 7 legible copies with required contents.b. Period: 15 days from notice of final judgment OR last publication.STEP TWO:a. Pay to the CoC of the CA the docketing and other lawful fees anddeposit the sum of P500.00 for costs.STEP THREE:a. CA may require the respondent to file a comment on petition,accompanied by clearly legible true copies of material portions ofrecord.b. Period: within 10 days from notice.STEP FOUR:a. Court shall decide to either: i. give due course, or ii. dismiss thepetition.

STEP FIVE:a. CA may require the court/agency concerned to transmit original orlegible certified true copies.b. Period: within 15 days from notice that the petition has been givendue course.


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4. Judicial relief or review is often denied for lack of finalitywhere action of the agency is only anticipated, even thoughthreatened, or where the action is still pending without finaldisposition. Several grounds stated by the courts in denyingrelief in such situations:

a. Jurisdiction lies in the agency rather than in courts.

b. An administrative officers are NOT subject to thecontrol of courts

c. Determinations of subordinate officials under thecontrol and subject to review by their official superiors

d. Courts will not render a decree in advance of theagencys action.

e. It is not for the court to stop an administrativeofficer from performing his statutory duty for fear he willperform it wrongly, particularly where the statute is NOTconstitutional.

f. Prior to administrative determination, the partyseeking relief has not suffered a present injury.

5. An order required to be submitted to a superior for

approval is NOT final for purposes of review.f. Pendency of an application for rehearing orrecommendation filed within the time prescribed deprives theoriginal order of finality.

g. Regulations of an administrative agency are addressedto and set a standard of conduct for all to whom their termsapply.

h. PURELY administrative and discretionary functions mayNOT be interfered with by the courts; courts do NOT havesupervising power over the proceedings and actions of theadministrative departments of the government.

i. Universal Rule: Appeal to courts will NOT lie from aninterlocutory order UNLESS such order affects the merits.

NOTE! an order is interlocutory when the substantial rights ofthe parties involved in the action remain undetermined andwhen the cause is retained for further action, i.e. denial of amotion to change place of hearing, denial of application for astay, denial of application for rehearing

j. Certiorari is permitted against agencies exercising quasi-judicial functions whether the order is interlocutory or notwhere due process was NOT followed.

Exceptions to the doctrine of finality

1. The fact that a particular determination is NOT a final orderfor purposes of statutory review has been held NOT to precludethe availability of judicial review: (code: IG-PA-RE)

a. To an interlocutory order affecting the merits of thecase.

b. To grant relief to preserve the status quo pending

further action by the agency.c. When it is essential to the protection of the rights

asserted from the injury threatened.d. Where an administrative officer assumes to act in

violation of law.e. Where such order is not reviewable in any other

way and the complainant will suffer great and obviousdamage if carried out.

f. To an order made in excess of power, contrary tospecific prohibition in the statute governing the agencyand operating as a deprivation of a right.

NOTE! In some instances, exceptions to the requirement of finality

or limitations on such requirement flow directly from STATUTORYPROVISIONS

Timing of application to courts (code: PER)The ff. doctrines govern problems of determining which tribunalmay take initial action and at what stage the aggrieved party maygo to court.:

1. Doctrine of PRIMARY JURISDICTION-determines in somecircumstances whether initial action should be taken by the courtOR by an administrative agency.

2. Doctrine of EXHAUSTION OF ADMINISTRATIVE REMEDIES-designed primarily to control the timing of judicial relief fromadjudicative action of an agency; applied to adjudication not rule-making.

3. Doctrine of RIPENESS OF REVIEW- similar to theexhaustion doctrine except that it applies to rulemaking andadministrative action.

Doctrine of PRIMARY JURISDICTION/PRIOR RESORT/ EXCLUSIVEADMINISTRATIVE JURISDICTION

1. Definition: - Courts CANNOT and will not determinea controversy involving a question which is within the

jurisdiction of an administrative tribunal, especially wherethe question demands the exercise of sound administrativediscretion requiring the special knowledge, experience and

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services of the tribunal to determine technical matters offact.

2. Concepta. The term primary jurisdiction usually refers to cases

involving specialized disputes which are referred to anadministrative agency of special competence to resolve the same.

b. Applies only where the administrative agency exercisesits adjudicatory function.

3. Reasonsa. To take full advantage of administrative expertnessb.To attain uniformity of application of regulatory laws

which can be secured only if determination of the issue is left tothe administrative body.

4. Subsequent resort to judicial action not precludeda. Doctrine requires litigants to address their complaints

initially to administrative tribunals rather than to courts for relief ifissues involved are such that they can be presented in the firstinstance to the former.

5. Exclusive jurisdiction may be implicit or explicit; where

the exclusive jurisdiction is only implicit, it must clearly appear thatthe intention of Congress is to require administrativedetermination.

6. Applicationa. Doctrine is NOT an inflexible mandate; it is predicated on

an attitude of judicial self-restraint, and its application involves theexercise of a judicial discretion. Where an affirmative indication oflegislative intent does not clearly appear, the courts are free todetermine on the basis of policy considerations, the need of priorresort.

b. Prior resort to an agency is limited to QUESTIONS OFFACT and QUESTIONS REQUIRING SKILL of such agency.

c. Doctrine applicable whenever courts and agencies haveconcurrent jurisdiction

Doctrine of EXHAUSTION OF ADMNISTRATIVE REMEDIES1. Definition: Requires that where a remedy before an

administrative agency is provided, and can still be resortedto by giving the said agency every opportunity to decide amatter that comes within its jurisdiction, relief must befirst sought by exhausting this remedy before bringing anaction in or resorting to the courts of justice.

NOTE! Rule: after all remedies are exhausted or first availed ofmay judicial recourse or intervention be allowed.

NOTE! Doctrine is merely one aspect of the broader doctrine whichrequires final administrative action as a prerequisite of judicialreview. Decisions of administrative agencies are usuallyquestioned in the special civil actions of certiorari, prohibition andmandamus which are allowed only when there is NO plain, speedy

and adequate remedy available to petitioner.

2. Application of the doctrinea. In some instances, the statute makes the exhaustion of

the remedies a pre-condition of the right to seek the interventionof the courts. The principal application is to compel parties toadministrative proceedings to take full advantage of ALL means ofadministrative processes afforded them.

b. The authorities are not in accord as to whether theapplication of the doctrine lies in the discretion of the court or goesto its jurisdiction and does NOT permit the exercise of discretion.

NOTE! In Philippine jurisdiction it has been held that the failure of a

party to exhaust the procedure of administrative remediesprovided by law therefore affects his cause of action, not thejurisdiction over the subject-matter

NOTE! Exhaustion must be raised at the EARLIEST TIME POSSIBLE,even before filing an answer to the complaint. Failure to invoke itat the proper time operates as a waiver of the objection as aground for a motion to dismiss.

3. Instances where doctrine has been applieda. Certiorari cannot be sustained where the administrative

remedies were NOT exhausted. Thus, an MR of any order shouldfirst be filed before the special civil action for certiorari may beavailed of. (Sunshine Transportation v. NLRC)

b. Remedy from the court cannot be sought wherepetitioner never filed an MR of the decision of the Civil ServiceCommissioner and no appeal was made to the Civil Service Boardof Appeals. (Rosales v. CA)

c. The delay in the Immigration Commissioners actiondoes not constitute an exception to the rule for it is precisely suchdelay that should be brought to the attention of the Secretary ofJustice for remedial action (CoI v. Vamenta, Jr.)

d. Filing a complaint in court without waiting for thedecision of the Auditor-General (COA) from which if adverse or notsatisfied therewith, the petitioner could have appealed to the

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President or the SC does not exhaust administrative remedies(Barte v. Dichoso)

e. It is the duty of a party aggrieved by an administrativeadjudication to ascertain what could still be done by higherauthorities (Quintos Jr. v. Natonal Stud Farm)

f. It is the legal obligation of the petitioners to appeal to the

Board before resorting to the Court when such Board (Madrinan v.Sinco)

g. The question of a persons Filipino citizenship is andshould be addressed in the first instance to the Commissioner ofImmigration. A suit filed in court to restrain the Commissioner fromhearing the deportation case is premature where no hearing hasbeen conducted and no conclusion reached therein. ( CoI v. JuanGo Tieng)

h. A motion for reconsideration or appeal is curative incharacter on the issue of alleged denial of due process

NOTE! WON a motion for reconsideration of an administrativedecision is essential in exhausting available remedies would largely

depend on: the pertinent law, the rules of procedure, and the sualpractice followed in the particular office.

4. Exceptions to the doctrineThe doctrine does NOT preclude in all cases a party from seekingjudicial relief.

a. Where the legislature intended to allow the judicialremedy, or where the administrative remedy is not exclusive, orthere is grave doubt as to the availability of the administrativeremedy.

b. Where the issue involved not a question of fact, but oneof pure law. Where jurisdictional issue as a mere question of lawdoes not depend upon disputed facts, judicial relief may be sought.

c. Where the issue raised is the constitutionality of thestatute under which the administrative agency acts, asdistinguished from a possible exercise of administrative powerunder the statute.

d. Where questions are essentially judicial.e. Where there is estoppel on the part of the party invoking

the doctrine, or where the administrative body is in estoppel toinvoke the doctrine.

f. If it should appear that an irreparable damage or injurywill be suffered by a party unless resort to the court is immediatelymade.

g. Where there is no other plain, speedy or adequateremedy in the ordinary course of law.

h. Where respondent officer acted in utter disregard of dueprocess. (i.e. one dismissed without any administrative chargeshaving filed nor investigation conducted)

i. Where insistence on its observance would result in the

nullification of the claim being asserted.j. When there is long-continued and unreasonable delay or

official inaction that will unretrievably prejudice the complainant.k. When there are special reasons or circumstances

demanding immediate judicial intervention (i.e. petitionerreinstated to the wrong position of a mere classroom teacher andnot to former position as elementary principal I )

l. Where the amount involved is relatively small so that torequire exhaustion would be oppressive and unreasonable

m. When no administrative review (i.e. by the President orby the Executive Secretary) is provided as a condition precedent tothe taking of an action in court.

n. In land cases where the land subject of litigation is not

part of the public domain; such doctrine is not applicable even toprivate lands acquired by the government by purchase for resale toindividuals.

o. The application of the principle of exhaustion is confinedto controversies arising from the disposition of public lands andNOT to possessory actions involving public land. Pending finaladjudication of ownership by the Bureau of Lands, the courts havejurisdiction to determine in the meantime the right of possessionover the land.

p. Where the respondent is a Department Secretary whoseacts as an alter ego of the President, bear the implied or assumedapproval of the latter, unless actually disapproved by him (Doctrineof Qualified Agency)

q. Where the administrative officer has not rendered anydecision or made any final finding of any sort; such principle restsupon the assumption that the administrative body, board, orofficer, if given the chance to correct its/his mistake or error mayamend its/his decision on a given matter.

r. Where the plaintiff in the civil action for damages has noadministrative remedy available to him

NOTE! The cause of action in the administrative case is differentfrom that of the civil case for damages.

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- CoA in admin. case- if government is aggrieved partyand no award for damages may be granted in favor ofprivate persons.

- CoA in a civil action for damages- the trial courtsconcern is whether or not damages, personal to theplaintiff, were caused by the acts of the defendant.

s. Where a strong public interest is involved, the doctrinemay be dispensed with.

t. Other exceptionsi. Act is patently illegal.ii. performed without or in excess of jurisdiction.iii. circumstances indicating urgency of judicial

intervention.iv. no due process observed.v. protestant has no other recourse.vi. exhaustion of administrative remedies

unreasonable.vii. issue of non-exhaustion moot and academic.

viii. government corporation had an affirmative statutoryduty to disclose to public the terms and conditions of sale ofgovernment lands.

Exhaustion and primary jurisdiction doctrines distinguished

1. Similaritiesa. Concerned with promoting proper relations between the

courts and administrative agencies.b. Do not apply where the issue involved purely questions

of law there being no questions of fact and those requiring expertjudgment.

2. DifferencesEXHAUSTION PRIMARY JURISDICTION1. Invoked as a defense tojudicial review of anadministrative action not yetcomplete.

1. Arise where both the courtand administrative agency havejurisdiction to pass on aquestion.

2. Applies where theclaim/matter is cognizable inthe first instance by anadministrative agency.

2. Applies in the face of statutespurporting to permit a choice ofremedies.

3. Judicial interference withhelduntil administrative process has

3. Relates to particular issues ina proceeding rather than the

run its course. entire proceeding and operatesthrough a suspension of thejudicial process pending referralof such issues to the agency.

Doctrine of RIPENESS FOR JUDICIAL REVIEW

1. Principle: the judicial machinery should be conserved forproblems which are real and present or imminent andshould not be squandered on problems which are future,imaginary, or remote.2. The background for the rule concerning the timing of attacksupon administrative regulation is found in cases involving theconstitutionality of statutes vis--vis regulations.REGULATION STATUTE1. Invalid only if unconstitutional 1. Invalid only if they are

unconstitutional or in excess fstatutory authority.

2. May be either legislative orinterpretative and interpretative

regulations may sometimes lackthe force of law.

2. Have the force of law.

2. ApplicationWhen will an issue be ripe for judicial determination?

a. Interests of the plaintiff are, in fact subjected to orimminently threatened with substantial injury.

b. Statute is self-executing.c. Statute or regulation which is enforceable through

criminalprosecution should be subject to challenge in a suit for injunction.

d. A debilitating legal uncertainty by reason of whichprivate parties may be injured seriously enough to justify resort to

judicial machinery.e. When a plaintiff is substantially harmed by the

vagueness of a statute, the vagueness should not be deemed aground for refusing to determine whether the statute is void forvagueness.

f. Informal administrative action may be deserving ofjudicial attention as the most formal order or regulation.(i.e. aninstruction issued by an administrative agency should be heldripe for review where no administrative remedy is available andthe party affected is immediately confronted with compliance ornon-compliance)

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g. That governmental action is contingent upon theplaintiffs action or upon other events does not necessarily meanthat the governmental action is unripe for challenge; the test still iswhether substantial injury to the plaintiff is present or imminent.

h. When substantial adverse effect upon the plaintiff from astatute or other governmental action is neither present nor

imminent. Is unripe except that perhaps the court should recognizejudicial discretion to decide the issue of legality.

Ripeness and exhaustion doctrine distinguished

RIPENESS EXHAUSTION1. Focus is upon the nature ofthe judicial processupon thetypes of functions the courtsshould perform.

1. Focus upon the relativelynarrow question of whether aparty should be required topursue an administrativeremedy before going to court.

2. Applied to rule making and

administrative action notinvolving rulemaking andadjudication.

2. Applied to adjudicative action

of an administrative agency.

Ripeness and primary jurisdiction doctrine distinguished

RIPENESS PRIMARY JURISDICTION1. Determines at what stage aparty may secure judicial reviewof administrative action.

1. Determines at what stage aparty may secure judicial reviewof administrative action; alsodetermines whether the court orthe agency should make theinitial decision.

2.Questions arise wheneverjudicial review of administrativeaction is available.

2. Questions arise only whenadministrative and judicialjurisdictions are concurrent forthe initial decision of somequestions; function is to merelydetermine which tribunal shallmake the initial determination

Scope and extent of judicial review1. Agency determinations have been regarded as three

types:

a. determinations of LAW, which are fully reviewable.b. determinations of FACT, review of which is limited to

finding of substantial evidence.c. discretionary determinations, which are reviewable onlyto

ascertain whether the action taken is arbitrary or capricious.

2. The general frame of power of judicial review is to keepthe administrator within the valid statute which guides him andkeep him from unreasonable excesses in the exercise of hisfunction.

3. The fundamental feature f judicial review ofadministrative action is that it is a limited review; extremelylimited in regard to findings of fact and to expert judgments of anadministrative agency acting within statutory authority.

Judicial review does not import trial de novo1. Judicial review does NOT import trial de novo (review of

the evidence all over again) but only an ascertainment of whetherthe administrative findings are not in violation of the Constitution

or of the laws.a. Administrative decision in matters within the executiveor administrative jurisdiction can only be set aside on proof ofgross abuse of jurisdiction fraud or error of law.

b. There cannot be trial de novo in administrative casessince a review of an administrative finding is limited to theevidence already presented before the administrative body.

Methods or modes of relief or review1. Direct or collateral (or indirect), included in this latter

method damage suits against the agency or its officials.2. Statutory or non-statutory, including in this latter term

any remedy not specifically made available by a statute relating toaction of an agency or agencies.

NOTE! The choice of remedy is a matter of importance, sicne onlemay be expeditious or less burdensome that the other.

Statutory methods of review (three groups)1. Where remedy itself governed by statute- statutory

methods are afforded where the remedy itself is governed bystatutory provisions.

2. Where proceedings in court required by statute forenforcement of administrative decision

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3. Where direct judicial review afforded by legislationproviding generally for such review; direct review proceedingsare afforded by legislation, providing generally for reviewof actionof administrative agency and prescring the manner and extent ofsuch review.

Non-statutory methods of reviewThe fact that a statute does not provide for judicial review of actiondoes NOT preclude the courts from providing such as necessary orrequired.

Relation between the two methods1. Exclusive- where a statute relating to the administrative

agency provides a direct method of judicial review or agencyaction and is applicable

2. Some cases hold, not that the statutory method ofreview is

exclusive, but that it must be exhausted as a prerequisite tojudicial relief by some other methods.

3. In some instances, the existence of a statutory reviewhas not precluded review by means other than as provided in thestatute especially as to acts which are entirely warranted or whereexceptional circumstances exist.

Questions open to review1. The questions presented to administrative agencies are

generally recognized to be three types: matters of law, mattersof fact, and matters of discretion.

NOTE! The courts cannot and will not disturb the action of anadministrative agency which is within its jurisdiction or not beyondits powers of authority

NOTE! The purpose of the rule is to free administrative agenciesfrom compulsion of applying technical rules of evidence whichwould be deemed incompetent in judicial proceedings.

2. Questions of lawa. There is a question of law in a given case when the

doubt or differences arise as to what the law ispertaining to a certain state of facts.

b. It is for the courts, not the agencies, to lay down thegoverning principles of law and to determine what action iswithin or without the law.

c. Such matters relate to constitutional issues,jurisdiction, compliance with law and required procedure,statutory interpretation, actions which are arbitrary,unreasonable or an abuse of discretion.

3. Questions of fact:a. There is a question of fact when the doubt or

differences arise as to the truth or falsity of allegedfacts; it is one which is to be determined by specialcircumstances of each case in the exercise of judgmentand not by any fixed rule of law.

b. Such question is the concern solely of anadministrative body so long as there is substantialevidence of record to sustain its action even if suchevidence is not overwhelming or preponderant.

c. A question of fact is conclusive and not subjectto be reviewed by the court in the absence of showing thatsuch decision was rendered in consequence of fraud,imposition, or mistake.

4. Mixed questions of law and fact

a. There is no clear dividing line between questionsof law and questions of fact.b. An administrative finding on a mixed question of

fact and law is subject to judicial review, on which the courtmay substitute its judgment for that of the agency.

c. It may be treated as a question of fact forpurposes of review and the courts will not ordinarily reviewthe decision of the administrative tribunal.

d. Where jurisdictional or constitutional facts areinvolved, the administrative findings are subject to judicialreview.

5. Administrative discretiona. Courts have no supervising power over the

proceedings and actions of administrative bodies, and thisis generally true with respect to acts involving the exerciseof judgment or discretion and findings of fact.

Grounds which would warrant reversal of administrative findingscode: (SaM-GaF-BIP)

1. Conclusion is a finding grounded on speculations,surmises and conjectures

2. The inferences made are manifestly mistaken,absurd or impossible.

3. There is GAD

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4. There is a misapprehension offacts5. The agency in arriving at its findings went beyond

theissues of the case

6. Where the agency has sustained irregularprocedures and

through the invocation of summary methods.7. Where the rights of a party were prejudiced because

ofadministrative findings, conclusions, or decisions were inviolation of constitutional provisions.

Substantial evidence rule1. Definition: Administrative determinations are final

and conclusive upon the courts and must be sustained ifsupported by substantial evidence upon the whole record.

2. Substantial evidence- evidence as will establish asubstantial basis of fact from which the fact at issue can bereasonably inferred. Such evidence need not be such as to

preclude a justifiable decision to the contrary.3. Most generally applied standard governing the review ofadministrative action.

4. Compromise between opposing theories of a broad or denove review of administrative actions and restricted review orcomplete abstentation.

Test to be applied1. Whether the evidence reasonably tends to

support administrative findings or whether the decision isnot clearly contrary to the overwhelming weight of theevidence.

2. Substantial evidence, more than a scintilla, must domore than create a suspicion of the existence of the fact to beestablished.

Hierarchy of evidentiary values1. Proof beyond reasonable doubt.2. Clear and conclusive evidence3. Preponderance of evidence4. Substantial evidence

NOTE! All administrative determinations require only substantialproof and NOT clear and convincing evidence.

When rule not applicable code:( TaP-RaFaP)1. When the statute provides for a trial de novo2. Where the statute has specified a standard of proof

required for administrative determination.3. Where the suit is not for review of the

administrativeorder and is independent of the proceedings in which the rulingunder attack was rendered

4. Where constitutional or jurisdictional facts areinvolved

5. Where property rights rather than privileges areinvolved.

Liability of administrative agencies and officers1. Doctrine of judicial immunity from suit extends generally

to governmental officials in respect to their acts of a discretionary,judicial, or quasi-judicial nature.

2. Rule of immunity protects an officer from liability for a

mistake of fact or an erroneous construction and application of thelaw, or an error of judgment in the determination of the law or thefacts.

3. Rule applies to heads as well as subordinate officers whoact in his place and stead carrying out the duties of thedepartment/agency.

4. Basis- rule is simply one public policy designed to aid inthe effective functioning of government, and represents a balancebetween evils inevitable in either alternative.

5. Exceptions:a. A public officer enjoys only qualified not absolute

immunity. Where the circumstances of the case are such as torender the officer personally liable, he is not relieved fromresponsibility by reason of mistake and honesy intention.

i. dishonesty, bad faith, malice, or corrupt motives willrender an officer civilly liable in an action for damages.

ii. an officer is liable for his errors or mistakes in the sameway as any private individual when he is acting without jurisdictionor in excess

b. The state (government) may be sued only within itsconsent. A suit is against a state when a judgment therein wouldimpose a financial liability or obligation on the government.

6. Official immunity and state immunitya. Immunity of public officials- more limited principle than

governmental immunity since its purpose is not directly to protect

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the sovereign, but rather to do so only collaterally by protectingthe public official.

b. doctrine of sovereign immunity- rests upon the tenuousground that the king could do no wrong.; it serves to protect theimpersonal body politic or government itself from tort liability.

How may a person become a public officer?A person may become a public officer thru eligibility.

Eligibility is the state or quality of being legally fitted or qualified to

be chosen. It is of a continuing nature and must exist both at the

commencement and during occupancy of an office.

Who may become a public officer?A person who is eligible may become a public officer.

Eligible means legally fitted or qualified to hold an office. Under the

Administrative Code of 1987, eligible is used to refer to a person

who obtains a passing grade in a civil service examination or is

granted a civil service eligibility and whose name is entered in the

register of eligibles.

Who prescribes the qualification requirement of a public office?In general, Congress is empowered to prescribe

qualifications for holding public office, provided it does not exceed

thereby its constitutional power or impose conditions of eligibility

inconsistent with constitutional provisions. Qualification must have

a rational basis- nexus between requirements and duties of

position in question. Qualifications must not be too detailed as to

practically amount to making an appointment which is anexecutive function

1. Where an office is created by Congress- body can deal

with the subject of qualification and disqualification, provided that

in doing so it does not impinge upon any express provision of the

Constitution

2. Where office is created by Constitution- If the

Constitution establishes specific eligibility requirements for a

particular constitutional office, the constitutional criteria are

exclusive.

3. Where qualifications prescribed by Constitution-

Congress may prescribe additional qualifications unless it appears

that this action is prohibited

Ignacio vs. Banate why is B not qualified as to represent theBarangay at Sanggunian?The appointee to a Sangguniang Panglusod who sits there as

representative of the barangays must meet the qualifications

required by law. Sec.173 of the Local Government Code provides:

The Sangguniang Panlungsod, as the legislative body of

the city shall be composed of the Vice-Mayor, as presiding officer,

the elected sangguniang panlungsod members, and the members

who may be appointed by the President of the Philippines

consisting of the Presidents of the Katipunan Panlungsod ng mga

Barangay and the Kabataang Barangay city federation.

B, not being a barangay captain and never having been

elected president of the association of barangay councils, cannot

be appointed as member of the Sangguniang Panlungsod. He lacks

the eligibility and qualifications required by law.

If the Constitution provides a set of disqualification, can Congressadd some more?

In the absence of constitutional inhibition, Congress has

same right to provide disqualifications that it has to provide

qualifications for office. However, Congress MAY NOT ADDdisqualifications where the Constitution has provided them in such

a way as to indicate an intention that the disqualifications provided

shall embrace all that are to be permitted. When the Constitution

has attached a disqualification to the holding of any office,

Congress cannot remove it under the power to prescribe

qualifications as to such offices as it may create

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When must a person possess the qualification requirements for apublic office? at the time of appointment/election? at thecommencement of term? or upon assumption of office?

In ascertaining this matter, the language used inCONSTITUTIONAL OR STATUTORY PROVISIONS declaring the

qualifications is to be considered.1. Constitution/law may, expressly or impliedly, specify the

time when the required eligibility must exist; there can be NOquestion but that the candidate must posses the necessaryqualifications at that time.

2. If the Constitution/law is silent, the courts must haverecourse to some other means of determining the matter.

a. Some take the view that eligible has reference to thecapacity NOT of being elected or appointed to office but ofholding office; if qualified at time of commencement/induction,disqualification at time of election or appointment isimmaterial.

b. Some take the position that the conditions of eligibility

must exist at the time of the election or appointment.c. Where the provision refers to holding of office,qualifications are to be determined at time of commencementof the term or the induction.

Is eligibility or qualification of a continuing nature? Give anexample.

Eligibility to public office is of a CONTINUING nature andmust exist at the commencement of the term and duringoccupancy. The fact that the candidate may have been qualified atthe time of his election/appointment is NOT sufficient to entitle himto hold the office IF at the time of commencement/tenure or duringincumbency he ceases to be qualified. Thus, a candidate forpresident must ALWAYS have Filipino citizenship. If at any time,even during the occupancy of his term, it was proven that he wasnot of Filipino citizenship, it can be a ground for disqualification.

When a public officer becomes disqualified but after some time thedisqualification is removed, can he come back if already removedor can he stay if not yet removed from office?

Courts have NOT agreed as to the effect of removal by anoffice holder of his disqualifications after the commencement ofthe term and during its continuance. Some hold that such removalVALDATES the title of the incumbent while some take the contrary

view depending on the nature of disqualification, mode of removal,time at which it is removed and the like.What are the normal qualifications prescribed for public officers?did you encounter an unusual requirement?

There are EIGHT particular qualifications prescribed for

public officers. These are the following: citizenship, age, right tosuffrage, residence, education, ability to read and write, politicalaffiliation, and must have taken the civil service examinations forspecific positions in the first and second levels of career service.Out of the eight qualifications, the ability to read and write seemedto be unusual and basic. However, there is NO constitutionalprohibition against it especially where it has a reasonablerelationship to the duties of the position in question.

Those prescribed by the constitution

1. President and Vice President- Natural-born citizen of the Philippines

- Registered voter- Able to read and write- At least 40 years of age on the day of election- Resident of the Philippines for at least 10 years immediatelypreceding such election2. Senators- Natural-born citizen of the Philippines- At least 35 years old on the day of the election- Able to read and write- Registered voter- Resident of the Philippines for not less than 2 years immediatelypreceding day of election.3. HOR members- Natural-born citizen of the Philippines- At least 25 years of age on the day of elections- Able to read and write- Registered voter in the district in which he shall be elected(EXCEPTION: party-list representatives)- Resident thereof for a period not less than one year immediatelypreceding the day of election.4. Members of the SC and lower collegiate court- Natural-born citizen of the Philippines.- Person of proven competence, integrity, probity andindependence.- Member of the SC:

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- At least 40 years old- Must have been for 15 years or more a judge of the lower

court/engaged in the practice of law in the Philippines.5. Chairman and Commissioners of the Civil Service (1 Chair, 2Commissioners)- Natural-born citizens of the Philippines

-At least 35 years old at the time of their appointment-With proven capacity for public administration- Must NOT have been candidates for any elective position in theelections immediately preceding their appointment.6. Chairman and Commissioners of the COMELEC (1 Chair, 6Commissioners)- Natural-born citizens of the Philippines-At least 35 years old at the time of their appointment- Holders of college degree- Must NOT have been candidates for any elective position in theimmediately preceding elections. (majority, inc. chairman shall bemembers of the Philippine Bar who have been engaged in practicefor at least 10 years).

7. Chairman and Commissioners of the COA (1 Chair, 2Commissioners)- Natural-born citizen of the Philippines- At least 35 years old- CPA with not less than 10 years experience OR members of thePhilippine Bar engaged in practice for at least 10 years- Must NOT have been candidates for any elective positions inelections immediately preceding their appointment(NOTE: AT NO TIME shall al members belong to the same position)8. Chairman and members of the CHR (1 Chair, 4 members)- Natural-born citizen of the Philippines- Majority of whom shall be members of the Bar9. Ombudsman and Deputies- Natural-born citizen of the Philippines- At least 40 years old at time of their appointment- Recognized probity and independence-Members of the Philippine Bar- Must NOT have been candidates for any elective office in theimmediately preceding elections- Ombudsman must have for 10 years and more been a judge or engaged in the

practice of law in the Philippines.

Some disqualifications to hold public office is blindness adisqualification?

NO. While a blind person may labor at a disadvantage incertain public offices, his affliction does not necessarily disqualifyhim. If he possesses the other qualifications imposed by law, andthere is no provision of the law excluding him from the officebecause of his blindness, he may be eligible to hold office.

Holding more than one office; is it allowed if the offices are notincompatible?

1. NOT Allowed if prohibited by law. There is no constitutionallyprotected right to hold incompatible offices. The rule against holingincompatible offices does not result in an unconstitutionalinfringement of personal and political rights. In fact, it is said that aState has a legitimate interest in preventing one person fromholding multiple public offices. The manifest purpose of restrictionon multiple holdings is to prevent offices of public trust fromaccumulating in a single person, and to prevent individuals fromderiving, any pecuniary benefit by virtue of their dual position-holding. P.42

2. Even if the duties do not conflict, the consolidation of government functionsin a single person could adversely affect the freedom of expression by others. Where

a person is prohibited from holding 2 offices at the same time, his appointment /

election to a second office may operate to vacate the first or he may be ineligible forthe second.

Is there a constitutional prohibition against holding more than oneposition? The Constitution imposes limitations on the rightof certain officials to hold more than one office at the same time:

1. The President, VP, Cabinet Members, their deputies andassistants, unless otherwise provided in Consti, shall NOT

hold any other office or employment during their tenure.2. Senator / Member of House of Representatives shall NOThold any office / employment in government, agency,instrumentality, including GOCCs and their subsidiaries,during their term without forfeiting their seat.

a. If he accepts any office / employment during histerm (not tenure), he forfeits his seat.

3. Members of SC / other courts established by shall NOTdesignated to any agency performing quasi-judicial /administrative functions.

4. Member of Constitutional Commission shall NOT hold anyother office / employment during his tenure (not term)

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5. Ombudsman and deputies shall NOT hold any other office /employment during his tenure (not term)

6. Unless law or the primary function of his position provides,no appointive official shall hold any other office in thegovernment / subsidiary / instrumentality / GOCC

7. No member in the ARMED FORCES in the active service

shall at any time be appointed or designated in anycapacity to a CIVILIAN position in the government includingGOCCs or any of their subsidiaries.

Effect of accepting a second position?A person who accepts and qualifies for a 2ndand

incompatible office is deemed to vacate, or, by implication, toresign from the first office. The same rule obtains where theholding of more than one position is prohibited by constitutional orstatutory provision although the second position is notincompatible with the first.

May relatives of appointing authority or head of office be appointed

in his office? Exception?1. Generally, NO. Nepotism is not allowed. The appointment paper must beaccompanied by a CERTIFICATION of the appointing /recommending officer

stating therein that he is not related to the appointee within the 3 rd degree ofconsanguinity or affinity.

2. Exceptions:

a. Persons employed in confidential capacity.

b. Teachers

c. Physiciansd. Members of the Armed Forces of the Philippinese. In case of a member o f any family who, after his appointment toany position, contracts marriage with someone in the same office /bureau, in which event the employment / retention of husband and

wife may be allowed.

In the above instances, full report of such appointment shall bemade to the Commission.

May elected official or candidate for elective position be eligible forappointment designation to any public office? note barangayelection

NO. The Constitutions mandates that no elective officialshall be eligible for appointment or designation in any capacity to

any public office or position during his tenure (sec7, Art IX-B).Although he may be appointed provided he FORFEITS his seat. Theelective official is only disqualified during his tenure (while he isacting as such) and not for the whole term of the office.

Who has the power to appoint a person to become a public officer?

Is it a judicial or legislative function?

The power to appoint inherently belongs to the public butis entrusted to designated officials. The appointing power isgenerally regarded as an executive function.

It is NOT a judicial nor a legislative function. The Congressor the Court may also appoint BUT they only appoints as anINCIDENT to the discharge of their functions within their respectivespheres.

If power to appoint public official is essentially discretionary, itmust be beyond the power of court to review?

YES. The it cannot be controlled even by the courts as long

as it is properly and not arbitrarily exercised by the appointingauthority. HOWEVER, the court can review the appointment if it istainted with grave abuse of discretion.

Can an appointment validly issued still be recalled or revoked afterissuance?

NO because to revoke or recall a valid appointed would bean encroachment on the discretion vested upon the appointingauthority. An appointment is essentially within the discretionarypower of whomsoever it is vested PROVIDED that the appointeepossesses all the qualifications required by law.

The only time the Civil Service Commission can revoke orrecall an appointment if the appointment is in disregard ofapplicable provisions of law and regulation. Such appointment isdeemed void. A void appointment cannot give rise to security oftenure on the part of the holder of the appointment.

When can one say the power to appoint is absolute and whenconditional?

The power to appoint is ABSOLUTE where the appointingauthoritys choice of an eligible person is CONCLUSIVE. No furtherconsent or approval of another authority to make the appointmentcomplete. The power to appoint is CONDITIONAL where the assentor approval is necessary to complete the appointment. For both,

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until the process of appointment is complete, the appointee cannotclaim any vested right in the office nor invoke security of tenure.

Concept of the restriction on the power to appoint?

1. General Restrictions:

a.Appointee must possess the prescribe qualifications andb.Appointed be selected primarily for the benefit of the publicwelfare.i. power must not be for personal interest.

ii. power must not be used to confer an office on himself.2. appointment must be made for an office that is vacant.3. Constitutional Restrictions:Constitution gives certain restrictions on the power of the Presidentto appoint certain positions.4. Statutory Restrictions:

Restrictions on the power to appoint under existing lawsare found primarily in provisions prescribing the qualifications anddisqualifications or holding public office.

Congress may add qualifications and disqualification tothose provided by the Constitution UNLESS prohibited by theConstitution itself. It is not within the power of Congress tosupersede or alter provisions of the Constitution.

When is appointment deemed complete? Is acceptance necessary?Conditionally accept

An appointment is deemed complete when:NOT SUBJECT TOCONFIRMATION

SUBJECT TOCONFIRMATION

APPROVAL BY CSC

Power of appointment isabsolute, andthe appointee isdetermined, nofurther consentor approval isnecessary, andthe formalevidence of appointment,i.e., thecommission,may issue at

Assent orconfirmation ofsome otherofficer or body isrequired, thecommission canissue only whensuch assent orconfirmation isobtained. Ineither case, theappointmentbecomescomplete when

Appointment to position inthe Civil Service must besubmitted to the CivilService Commissioner forapproval.

- If appointee isQUALIFIED SERVICEELIGIBLE, the CSC hasno choice but to attestthe appointment.However, theappointment is subjectto the condition that if

once the last actrequired by lawof the appointingpower has beenperformed

the Civil ServiceCommissioner wouldlater on reject theappointment by reasonof lack of eligibility, thenthe appointment shall

lapse despite theattestation.

- Acts of the appointingpower and the approvalof the Commissionacting together thoughnot concurrently, butconsecutively, arenecessary to make anappointment complete.

- The confirmation orattestation by the CSCdoes not complete the

appointment since suchattestation servesmerely to assure theeligibility of theappointee.

CONDITIONALLY ACCEPT? An appointee cannot impose his ownconditions for the acceptance of a public office. He may only eitheraccept or decline it.

Can acceptance be compelled?1. General rule states that a person may not be compelled

to accept a public office. BUT, the Constitution provides that thegovt may call upon the people to defend the State and, infulfillment thereof, all citizens may be required, under conditionsprovided by law, to render personal military or civil service.

2. RPC imposes a penalty upon any person who, havingbeen elected by popular election to a public office, refuses to besworn in or discharge the duties without legal motive.

3. Obligation as a social duty to bear each ones share ofthe public burdens, by accepting and performing, under reasonablecircumstances, the duties of those public offices to which he may

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be lawfully chosen, especially where he sought the office or gavehis consent to be appointed.

Must an appointment be in writing?1. An appointment should be in writing, or there should be

some written memorial of the fact of appointment signed and

executed by the appointing power, for an appointment to officeaffects the public, and not merely private rights, and should beauthenticated in a way that the public may know when and in whatmanner the duty has been performed.

2. But another view holds that the right of an appointee tobe inducted into office depends upon the fact of appointment, andnot upon his ability to establish that fact by the production of awritten appointment where the law does not prescribe the mannerin which the appointing power shall make his appointment.

Who are the officers that the President shall appoint? With consentof Commission on Appointment?

1. 4 groups of officials whom the President is authorized to appoint:a. Heads of executive departments, ambassadors, other

public ministers and consuls, officers of the armed forces

from the rank of colonel or naval captain, and other officers

whose appointments are vested in him in the Constitution.

(APPOINTED WITH THE CONSENT OR CONFIRMATION OF

THE COMMISSION ON APPOINTMENTS)

i. Other officers include: regular members of the JBC,

the Chairman and the Commissioners of the CSC,

Comelec, COA, and the members of the regional

consultative commission

b. All other officers whose appointments are not otherwise

provided by law and they refer to officers to be appointed

by lower offices created by Congress where the latter omits

to provide for appointment to said office, or provides in an

unconstitutional way for such appointments;

c. Those whom the President may be authorized by law to

appoint such as the heads of GOCCs, undersecretaries,

heads of bureaus and offices, and other officials; and

d. Other officers lower in rank whose appointments the

Congress by law vests in the President alone.

Is an ad interim appointment the same as temporary or actingappointment? how about designation?

AD INTERIM TEMPORARY ORACTING

DESIGNATIONS

Those made whileCongress is not insession or duringits recess

Those which lastuntil a permanentappointment isissued

The mere impositionof new or additionalduties upon an officerto be performed byhim in a specialmanner while heperforms the functionof his permanentoffice

Appointmentremains effective

until the end of thesession followingsuch appointmentor until the nextadjournment. Thisis to give theCommission onAppointments timeto deliberate uponthe appointmentbefore confirmingor rejecting it.

Cannot be validlyconfirmed by the

Commission onAppointments becconfirmationpresupposes a validnomination or adinterimappointment.

Revocable andtemporary in

character,presupposes that theofficer is already inthe service by virtueof an earlierappointment,performing otherfunctions

Explain the doctrine in the case of Rafael vs. EACIB. Ex officio

In this case the EACIB was created under Ra 3137. Underthe provisions it is to be composed of a representative of theBureau of Customs to act as chairman and designated by theSecretary of Finance, a representative from the CB designated byits governor, a representative from the Nation

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