58347516 Admin Law De Leon pdf PDF

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TABLE OF CONTENTSI. IntroductionII. Control of Administrative ActionIII. Powers and Functions of Administrative AgenciesIV. Administrative ProcedureVI. Judicial Review of Administrative DecisionVII. Modes of Judicial ReviewVIII. Extent of Judicial ReviewIX. Enforcement of Agency ActionPART I. INTROD...

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TABLE OF CONTENTS I.

Introduction

II. III.

Control of Administrative Action Powers and Functions of Administrative Agencies Administrative Procedure

IV. VI. VII. VIII. IX.

Judicial Review of Administrative Decision Modes of Judicial Review Extent of Judicial Review Enforcement of Agency Action PART I. INTRODUCTION

ADMINISTRATIVE LAW - that branch of public law dealing with the doctrines and principles governing the powers and procedures of administrative agencies including especially judicial review of administrative action. An ADMINISTRATIVE AGENCY is any governmental authority other than a court or legislative body performing rule-making or adjudicatory functions. “AGENCY” – includes:

Procedure  PROCEDURAL DUE PROCESS minimum requirement

is the

Factors which gave rise to admin. agencies 1) growing complexity of modern life - as society gets more complex, there are more things to regulate 2) the multiplication of governmental regulation

the

subject

of

3) the increased difficulty of administering the law Constitutional status of admin. agencies 

the admin. agency does not strictly belong to one branch.

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The agency does not constitute a 4th branch of government because the constitutional scheme (separation of powers) only allows 3 branches of government.

Role of Admin. Agencies Residual Powers 

the powers given to the three branches spill over because of the 3 shortfalls. There is a need for a body which would act as a catching mechanism, otherwise, the three branches would collapse. The AA supports the trichotomy of powers.

any department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases;

How do these agencies come into being?

government corporations with respect to function regulating private right, privilege, or occupation or business;

c) by Executive orders - usually fact-finding agencies

officials in the exercise of disciplinary power as provided by law. (Sec. 2 (1), Book VII, Admin Code of 1987) Powers of an administrative agency a) rule-making b) adjudicatory c) licensing (permits) d) price/rate-fixing e) implementing/executory

a) by statute b) by the constitution

CREATED BY CONGRESS

CREATED BY THE CONSTITUTION

1. can be modified by congress 2. may be altered or abolished

1. perform more sensitive functions 2. – underscoring the independence of the agency thus, insulate it from political pressure

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The Chief Executive exercises CONTROL over agencies and offices which perform rule-making / adjudicatory functions. If the agency is created by Congress consider the law that created it. If the law is silent as to the control which the President may exercise, the President can only SUPERVISE, i.e., to see to it that the laws are faithfully executed.

Why are administrative agencies necessary?  Administrative agencies are necessary due to the inadequacies of the executivelegislative-judicial trichotomy. 

The 3 great branches of government lack: (1) time; (2) expertise; and (3) organizational aptitude for governmental supervision.

The doctrine of separation of powers: 

To prevent absolutism.

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Under the doctrine of separation of powers, The Supreme Court cannot assume the administrative function of supervisory control over executive officials. In Noblejas v. Teehankee (1963), the Supreme Court struck down Noblejas’ claim that the Commissioner of Land Registration, being entitled to the same compensation, emoluments & privileges as a CFI judge, can only be investigated and suspended in the same manner, and not by the Secretary of Justice.) Members of the Supreme Court cannot sit as a board of arbitrators. (Manila Electric Co. v. Pasay Transpo, 1932)

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A judge cannot become a member of a provincial committee on justice which performs administrative functions. (In Re: Rodolfo U. Manzano (1988)

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A. Legislative Control Ways of exercising control by Congress a) Abolition  isn’t effective because the admin. agencies are needed. b) Appropriation 

isn’t effective since appropriations are always given. If no appropriation is given, the public would suffer. c) Investigatory 

effective only as an aid in legislation and cannot serve the need for constant regulation

d) Prescription of legislative standards  ineffective because the standards should be flexible and those who make the standards lack the expertise. The standards must be EFFECTIVE, SUFFICIENT.  Most of the time, Congress is not definite because of (a) varying conditions and (b) differences in the need for regulation e) Prescription of minimum procedural requirements  There should be a shift to Administrative standards which allows the agencies to come up with the standards themselves.  This can be effected in these ways : 1) modify the doctrine 2) procedural due process 

Congress can prescribe minimum procedural requirements which have a general applicability to all agencies. But even with this, there are sill problems, namely; 1) Agencies are not bound by the technical rules of procedure

PART II. CONTROL OF

2) agencies need flexibility to act

ADMINISTRATIVE ACTION CONTROL  the power to change, modify, alter decisions of subordinates SUPERVISION

power to oversee

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These minimum procedural requirements may be found in Book 7 of the Admin. Code of 1987.

PART III.

Substantial evidence - such relevant evidence which a reasonable mind will accept as adequate to support a conclusion

POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

B. Executive Control

A. Legislative Functions

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Executive power is vested in the President (Art. VII, Sec. 1, 1987 Constitution)

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RULE: The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. (Art. VII, Sec. 17, 1987 Constitution) EXCEPTIONS: In the case of agencies created by the legislature (e.g. NLRC, BIR, LTFRB), one must check the enabling law regarding Congress’ intention regarding this.

1. Non-Delegation Doctrine  theoretically puts a check on the legislature from abdicating its duty by delegating its power to make law. This is a corollary to the doctrine of Separation of Powers.  the later attitude of the SC is more liberal and is in favor of sustaining the validity of the delegation.

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If the law is silent, the President cannot exercise control but merely supervision.

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However, in cases involving agencies under the executive branch, the President has control.

C. Judicial Control  Judicial review of administrative actions D. Ombudsman  Investigates and prosecutes 

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All elective and appointive officials, including cabinet members, GOCC’s and local government are within his jurisdiction. Those who may be removed only by impeachment are not within his jurisdiction The Ombudsman may not veto or revise an exercise of judgment or discretion by an agency or officer upon whom that judgment or discretion is lawfully vested, esp. where the matter involves basically technical matters coming under the special technical knowledge and training of the agency / officer. (Concerned Officials of MWSS v. Vasquez (1995), where the Ombudsman was held to have interfered with a bid-andaward contract.)

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The Ombudsman has no jurisdiction to initiate an investigation into the alleged delay in the disposition of a judicial case. It is the Supreme Court which has administrative supervision over all courts and the personnel thereof. (Dolalas v. Office of the Ombudsman, 1996)

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Courts have realized the necessity of delegation of powers - broad or vague standards are sufficient

1. Policies - limits, boundaries, complete in itself, leaves nothing to the discretion; may be in another statute (Chiongbian v. Orbos) 2. Standards - express or implied (Edu v. Ericta); written administrative standards (White v. Roughton) What are the matters that Congress cannot delegate?  Creation of municipalities (Pelaez v. AuditorGeneral) 

Imposition of criminal penalties (US v. Barrias)

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Designation of a particular act as a crime (People v. Maceren)

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Creation of standards on the part of the agency

Requisites for a valid delegation (Pelaez v. Auditor General) a) the law must be complete in itself; must set forth a policy to be executed b) must fix a standard, the limits of which are sufficiently determinate or determinable, to which the delegate must conform in the performance of his functions. 

The standard may be express or implied (Edu v. Ericta)

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The standard does not have to be found in the law being challenged. It may be embodied in other statutes on the same

subject matter as that of the challenged legislation. [Chongbian v. Orbos (1995). Here, the challenged law was the ARMM Organic Act. The standard was found in the Reorganization Act.] Examples of sufficient standards include: 

Assumption by Labor Minister over strikes affecting national interest (Free Telephone Workers Union v. Minister of Labor and Employment, 1981)

Reorganization of administrative regions in ARMM (Chiongbian v. Orbos, 1995) Standard may be implied from other laws, e.g. RA 5435 (simplicity, economy, efficiency)  Fixing of rates by National Telecommunications Commission (Philcomsat v. Alcuaz, 1989) The standards used were public safety, public interest, reasonable feasibility and reasonable rates (case to case basis)  WON rate-fixing is legislative or quasijudicial Legislative 

No notice and hearing required unless the law requires

Quasi-judicial 

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Notice and hearing required To be able to present evidence and prove the possible adverse effects on its financial viability

In

Santiago v. COMELEC, RA 6735 is incomplete, inadequate or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned. COMELEC resolution is void as there are no standards at all, no legislative policy. In Panama Refining Co. v, Ryan, for subordinate rules to be valid, such must be within prescribed limits of the statute creating or granting such authority. 

In A.L.A. Schecter Poultry Corp. v. U.S., the legislature cannot make a sweeping delegation of legislative power.

2. Permissible Delegation  The Legislature must establish the standard; AAs only to make subordinate rules a. b.

Ascertainment of fact (Lovina v. Moreno) Filling in of details (Alegre v. Collector of Customs)

3. Administrative Rule making  Administrative rule-making or subordinate legislation  Valid as long as germane, consistent, implements the law  Normative and prescriptive in character  has the force and effect of law; affects substantive rights  must not go beyond the standards prescribed by the law.  General in application INNOVATIONS IN BOOK VII 1) date of effectivity : 15 days after filing with UP Law Center - publication - submit to UP Law Center a) Quarter bulletin   

b) up-to-date codification EO 200 allowed publication I na newspaper of general circulation Art. 2 NCC - 15 days after publication in the OG Adm. Code - 15 days after filing

2) Public Participation (Sec. 9)

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Public Participation 

power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of the law (Land Bank of the Phil. v. CA)

publish proposed rules and afford interested parties the opportunity to submit views. What is sad is the law uses the phrase, “As far as practicable” makes it look like it’s not mandatory. Can be an excuse.

To make a determination of facts/evidence 1) formal - trial type procedure 2) informal - more desirable and more effective - public hearings, presentation of papers and memo, resolutions, workshops, conferences, seminars, dialogues)

Publication and effectivity  Every agency to file with the UP Law Center three (3) certified copies of every rule adopted by it. (Bk. VII, Sec. 3) 

Date of effectivity of rule: 15 days from the date of filing (Bk. VII, Sec. 4)

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EXCEPTIONS: 1. different date is fixed by law or specified in the rule 2. in cases of imminent danger to public health, safety and welfare,

- even more specific

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Publication is indispensable

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2 weeks before rate fixing, 1st hearing is MANDATORY refers to ALL RATES

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Two ideas involving rate-fixing

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Publication essential especially if general in character Rule on publication of administrative issuances different from the Tañada ruling Tanada ruling: Publication in O.G. or newspaper of general circulation is required for effectivity of administrative rules and regulations. What need not be published: 1. interpretative regulations 2. internal regulations ( regulating only personnel of agency

Rate Fixing 

1) proposed rate is published 2) must have public hearing  

Problem with not following requirements - aggrieved party can always can go to

court

3. letters of instructions issued by administrative superior to their subordinates

- the rate can be voided  Rule-making - an agency process for the formulation, amendment or repeal of rule.  Limits on rule-making power: a. authorized by law (Olsen v. Aldanese) b. c. d.

e.

f.

must not amend the law (Syman v. Jacinto) must not define a criminal act (People v. Maceren) must be germane to the purpose of the law which it was meant to implement (Toledo v. CSC) must not restrict, expand, diminish law (Commissioner of Internal Revenue v. CA; Land Bank v. CA; GMCR v. Bell Telecoms) action of the AA to be set aside if there is an error of law, a grave abuse of

In the Admin Code of 1987: Filing of copy of regulations is sufficient for effectivity

Penal Regulations 

must be published in full text (Sec. 6 (2), Book 7, Admin Code)

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If a rule is penal in character, it is required that the rule is published before it takes effect. (People v. Que Po Lay) the law itself must so declare the act as punishable penal statutes exclusive domain of the legislature, cannot be delegated

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In People v. Maceren, it was held that "Administrative rules and regulations cannot

amend or modify or expand the law by including, prohibiting or punishing certain acts which the law does not even define as a criminal act."

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 Interpretative rules  interprets the law enacted by the legislative 

does not and cannot control decisions as to the proper construction of the statute; not binding but generally or in particular circumstances it is given great weight and has a very persuasive influence on the Court Interpretative Rule can be found erroneous by the successor (Hilado v. Collector of Internal Revenue) Administrative interpretation merely advisory (Victorias v. SSC) 

Wrong construction of the law cannot give rise to a vested right. (Hilado v. CIR)

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Action of the AA will be set aside if there was error of law, or abuse of power, or lack of jurisdiction, or grave abuse of discretion clearly conflicting with the letter and spirit of a legislative enactment. (Peralta v. CSC)

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The power to hear a case can be delegated, but not the power to decide. (American Tobacco Co. v. Director of Patents, 1975) The power to decide can be delegated provided that the power to delegate such function was not withheld expressly or impliedly. (Realty Exchange v. Sendino, 1994, where the issue was whether the HLURB could split itself into divisions when hearing cases instead of meeting en banc.) NOTE: Is it not implied from the fact that the Board was constituted as a collegial body that they were meant to decide as a collegial body? (Hence an implied prohibition on the delegation of quasi-judicial functions.)

Fixing of Rates, Wages and Prices 

A rate is any charge to the public for a service open to all and upon the same terms, including individual or joint rates, tolls, classification or schedules thereof, as well as communication, mileage, kilometreage and other special rates which shall be imposed by law or regulation to be observed and followed by any person. (Sec. 2 (3), Book VII, Admin Code)

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AA to publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule. (Bk. VII Sec 9(1)) To be valid, proposed rates must be published in a newspaper of general circulation at least 2 weeks before the first hearing thereon (Bk. VII, Sec 9(2)). Function delegated to AAs because the legislature has not the time, the knowledge nor the means necessary to handle the matter efficiently. Need for dispatch, for flexibility and for technical know-how better met by AAs.

Extent of applicabi -lity Notice & hearing

Legislative

Quasi-judicial

Rate applies to all

Rate directed only at 1 entity

May be dispensed with unless the law provides otherwise

Absolutely necessary

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PSC not authorized to delegate power to fix rates to a common carrier or other public service. Power to fix rates, being a delegated power cannot be delegated further (Panay Autobus v. Philippine Railway)

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Rate-fixing must be exercised by the agency directly. The power to fix rates, which is a delegated power, cannot be delegated further (KMU v. Garcia)

Principle on rate fixing and requirement of notice and hearing  if the rate to be fixed applies to all utilities in general --- LEGISLATIVE in character  Notice and hearing may be dispensed with unless the law requires otherwise. 

If the rate to be fixed applies to one entity -QUASI-JUDICIAL in character  notice and hearing required. (Vigan Electric v. PSC; Philcomsat v. Alcuaz)

Licensing Function Licensing includes agency process involving grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification or conditioning of a license. (GR-DR-SAMC) License includes the whole or any part of any agency permit, certificate, passport, clearance, approval, registration, charter, membership, statutory exemption or other form of permission, or regulation of the exercise of a right or privilege. (PCPCARCM-SPR) When the grant, renewal, denial or cancellation of a license is required to be preceded by notice and hearing, it cannot be withdrawn, suspended, revoked or annulled without notice and hearing (Sec 17(1), Bk, VII) 

no license may be withdrawn, suspended, revoked or annulled without notice and hearing (Sec 17(2), Bk VII) EXCEPTIONS: 1. in cases of willful violation of pertinent laws, rules and regulations 2. when public security, health...