POINTERS ON ADMINISTRATIVE LAW Atty. Alberto C. Agra

Administrative Law Administrative Agencies: Creations of the State Charter defines Nature, Purpose, Powers, Structure, Jurisdiction, Accountabilities Delegated, not Inherent, Powers Subordinate/ Inferior Powers Liberal Interpretation of Powers Basic Powers 1.Investigative 2.Quasi-Legislative 3.Quasi-Judicial

Investigative Power ExpressContemptSubpoenaSearch (Counsel not required) Express or Implied Fact-FindingOcularVisitorial

Quasi-Legislative Power Principles Tests of Valid Delegation: Completeness and Sufficient Standards; Law valid even without IRR Definition: Power to Issue Rules/ Fill in details/ ‘How’ (not ‘What’) a Law will be implemented Nature: Inferior/ Subordinate (cannot change, amend or conflict with charter or law) Types (PIPICS): Procedural, Internal, Penal, Interpretative, Contingent and Supplementary

Quasi-Legislative Power: Invalid Exercise LawRule CreatesAbolishes Strict Requirements Liberal Requirements No Requirement Requirement Imposed Stated Requirement Alter/ Delete Requirement Enumeration Exclusive Add/ Delete Requirement No Classification Discriminates/ Classifies Limited Application Expanded Application Fixed Period Change Period Continue Practice Discontinue Practice Grant Power Nullified Power

Quasi-Legislative Power TypeGrantPublication Supplementary E or I Required Interpretative Not Required ContingentERequired PenalERequired Procedural E or I Required Internal Not Required

Quasi-Judicial Power Principles Grant of Power: Express Definition: Deciding controversies, Resolving conflicting claims and positions Extent: Questions of Law and Fact (depending on Charter) Limitation: Subject to Judicial Review

Classes of QJ Power DEEDS 1. Directing (corrective/ award) 2. Enabling (grant/ permit) 3. Equitable 4. Dispensing (exempt/ relieve) 5. Summary (compel/ force)

Quasi-Judicial Power Administrative Proceedings Character: Adversarial Jurisdiction: Defined by Law/ Charter Nature: Power to Adjudicate Not Delegable (power to hear/ receive evidence can be delegated) Due Process (DINA): Decision, Impartial Tribunal, Notice and Appear/ Defend

Quasi-Judicial Power Notice and Hearing: Required but subject to waiver (MR, subsequently heard, appearance); However, if no notice and notice not waived/ cured, then jurisdiction not acquired Full Hearing (CREX): Claims, Rebuttal, Evidence and X-Examination (not required) Evidence: Substantial Decision (BF PIE): Bases, Form, Parties, All Issues and Evidence (internal report)

QL and QJ TopicQJQL GrantExpress E or I PartiesParticular All/ Sectors AdversarialYesNo ControversyExistsNone Notice and Hearing Required Not Required Primary/ Exhaustion ApplicableNA Time Past/ Present Future Publication Not Required Depends

Judicial Review Statutory Modes 1. Certiorari 2. Prohibition 3. Injunction 4. Mandamus 5. Declaratory Relief 6. Appeal

Defenses: Judicial Review Premature Doctrine of Finality of Administrative Action: Decision Final 1 st before Judicial Review; Exceptions – interlocutory, protect rights, violate Constitution, excess of power Doctrine of Primary Jurisdiction: Concurrent with courts, needs administrative discretion and expertise Doctrine of Ripeness for Review: Real/ Present/ Imminent (not future/ imaginary/ remote)

Judicial Review Doctrine of Exhaustion of Administrative Remedies: Exhaust all administrative remedies before recourse to courts, condition precedent, with exceptions: JPLCS DRIED DARN CLRNT

Judicial Review JPLCS Questions essentially Judicial Administrative Remedy is Permissive Pure question of Law Constitutionality Small amount that exhaustion will be costly DRIED Utter disregard for Due Process No plain speedy Remedy Strong public Interest Estoppel Continued and unreasonable Delay

Judicial Review DARN Irreparable Damage by party Alter Ego Bears approval of President No administrative Review is provided Insistence on exhaustion will lead to Nullification of claim CLRNT Civil action for damages Land not part of public domain Special Reasons demanding immediate judicial relief No Decision rendered Transcendental issues