Administrative Law - Paper 1ç

1.ENABLING powers Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval. Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powers Those that involve the corrective powers of public utility commissions, powers of assessment under the revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws, and powers of abstract determination such as definition-valuation, classification and fact finding

3. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation from a standard.

4. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. Usually without notice and hearing. Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers

5. EQUITABLE powers Those that pertain to the power to determine the law upon a particular state of facts. It refers to the right to, and must, consider and make proper application of the rules of equity. Ex. Power to appoint a receiver, power to issue injunctions

Kinds of Administrative Regulations

|DISTINCTIONS |LEGISLATIVE |INTERPRETATIVE | |1. Capacity that administrative agency is acting|Legislative |Judicial | |in | | | |2. What administrative agency is doing |It supplements the statute by filling in |It says what the statute means | | |the details | | |3. Force and effect |Legislative regulations have the force and |Merely persuasive/ | | |effecr of law immediately upon going into |Received by the courts with much respect but | | |effect. Such is accorded by the courts or |not accorded with finality | | |by express provision of statute. | |

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature. 2. It must be within the scope of the authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure. 4. It must be reasonable

Need for Previous Notice and Hearing

1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. 2. Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. 3. If the regulation is in effect a settlement of a controversy between specific parties, it is considered an administrative adjudication, requiring notice and hearing.

Prescribing of Rates

It can be either:

1. LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country. No prior notice and hearing is required.

2. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact. Prior notice and hearing is required.

Requirement of Publication

Administrative Regulations that MUST be published:

1. Administrative regulations of GENERAL application. 2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. Interpretative regulations 2. Internal rules and regulations governing the personnel of the administrative agency.

3. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. (Tanada v. Tuvera)

Special Requisites of a Valid Administrative Regulation with a PENAL sanction

1. The law itself must make violation of the administrative regulation punishable. 2. The law itself must impose and specify the penalty for the violation of the regulation. 3. The regulation must be published.

Requisites for Proper Exercise of Quasi-Judicial Power

1. Jurisdiction 2. Due process

Administrative Due Process : Requirements

1. Right to Notice, be it actual or constructive 2. Reasonable opportunity to appear and defend his rights and to introduce witnesses 3. Impartial tribunal with competent jurisdiction 4. Finding or decision supported by substantial evidence

Exceptions to the Notice and Hearing Requirement

1. Urgency of immediate action 2. Tentativeness of the administrative action 3. Right was previously offered but not claimed 4. Summary abatement of a nuisance per se 5. Preventive suspension of a public servant facing administrative charges 6. Padlocking of filthy restaurants/theaters showing obscene movies 7. Cancellation of a passport of a person sought for criminal prosecution 8. Summary distraint and levy of properties of a delinquent taxpayer 9. Replacement of a temporary or acting appointee

Questions Reviewable on Judicial Review:

1. Questions of FACT The general rule is that courts will not disturb the findings of administrative agencies acting within the parameters of their own competence so long as such findings are supported by substantial evidence. By reason of their special knowledge, expertise, and experience, the courts ordinarily accord respect if not finality to factual findings of administrative tribunals.

2. Question of LAW Administrative decision may be appealed to the courts independently of legislative permission. It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent power to review all decisions on questions of law.

Doctrine of Finality

Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality, the reason being that absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm.

EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo pending further action by the administrative agency; Essential to the protection of the rights asserted from the injury threatened; Officer assumes to act in violation of the Constitution and other laws; Order not reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that courts cannot or will not determine a controversy which requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. 2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court even though the matter is within the proper jurisdiction of a court.

Doctrine of Prior Resort

When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are within the special competence of an administrative agency, judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view.

Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review.

2. Reasons : a. to enable the administrative superiors to correct the errors committed by their subordinates. b. courts should refrain from disturbing the findings of administrative. bodies in deference to the doctrine of separation of powers. c. courts should not be saddled with the review of administrative cases d. judicial review of administrative cases is usually effected through special civil actions which are available only if their is no other plain, speedy and adequate remedy.

3. Exceptions

a. when the question raised is purely legal, involves constitutional questions b. when the administrative body is in estopped c. when act complained of is patently illegal d. when there is urgent need for judicial intervention e. when claim involved is small f. when irreparable damage is involved g. when there is no other plain, speedy , adequate remedy h. when strong public interest is involved I. when the subject of controversy is private land j. in quo warranto proceedings k. When the administrative remedy is permissive, concurrent l. utter disregard of due process m. long-continued and unreasonable delay n. amount involved is relatively small o. when no administrative review is provided p. respondent is a department secretary (DOCTRINE OF QUALIFIED

POLITICAL AGENCY – ALTER EGO DOCTRINE)

Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion.