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ADMINISTRATIVE

LAW

ROI..A1~() A. SlJ,\HEZ

l~t..H. San Bvdn CuJlt'gt'


fbUlldmg and Ma/lCl8l11g Partner;

'lIon Parcdc \~ 7"al1loro JAIL ()ffi~


JAil PmctlllOlIcratld
Profl soroflAw
A thor Principles. COIlWU'lIts and Cases
In C
ututionol Loll I. PrmCI/I!t!;, COf1l111t Ills
and Co < 111Con lIIIIIlUlIOlfAII
II.
Comparativ S' H!' Roman JAW ond Philippinc
La" First and S.'" 'lid Editions: Introduction
to [AU Fir-u, oS., 'lid and 'Hurd RclII1,ms:
~ole;;and Comments. Proclamati-v. ~\., -1 and
Th Procisional Constitution cf th Phtlippitu S,'
/\grenell Reform. Coopt. rouvc and Taxation;
A '/i! to Go for Gt.:IIUIIIC Land Reform ill lite
Ph,l'ppmcs; Statutory COllstrllctioll; and
Torts and Damag ..,

FIRST EDITION

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lanG( thtauthoron thl pag
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ALL RIGHTS RESERVED

BY 1HE AUTHOR

PREFACE

The three prmcipal branches of government cannot efficiently


handle the growmg demands and complexities ofpublic service without the assistance of the different administrative
bodies and agencies of the government
As the population increases, more and more problems confront
the executive. legislative and judicial branches of the government.
All these arc even compounded by the financial and budgetary constraints, graft and corruption, bureaucratic
red tape. inefficiency
and incompetence of Home government officials and employees.
The minute details of national and local problems are piling up
from day to day like garbage. With e-ach local government throughout the country, and having their own peculiar problems. the three
branches of government do not have the monopoly of time, attention, competence and resources to be able to attend to specific matters. more particularly. in laying down the rules of administrative
bodies and local governments.
It is for these reasons that more administrative
bureaus and
offices are needed Added to this is the reality that said bureaus,
offices and officials are at. least perceived to have the expertise and
they have more time and attention which they can devote to accomplish the mission HOassigned to them.
In the process, more rules, laws, cases andjurrsprudenca
arise.
They are necessarily part of the development of administrative
law
in the Philippines which law students, law practitionars,
professors
and government officials and employees should read and study.
Now, the growing number of laws, rules and cases could already be felt. With more reasons that they will be more voluminous
in the days and years ahead of our present generation.

ROLANDO A. SUAREZ

III

ACKNOWLEDGMENT

1I\lklluwl.,,,~W
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TABLE OF CONTENTS

Chapter
GENERAL

PRINCIPLES
Page

Introduction
I)
Ii . .
{' mitiori of administrative law
11.
Admintstrabve law in actual practice
Background and development of administrative law
1\.
Origin of administrative law

Suutce& of adn\\n\straU\'e law

2
2
3
6
6
7

Relationship between courts and administrative


agencies
'"
Olaaecs of administrative bodies in the Philippines
Ad mi nistration defined...
. ..
Two aspects of administration
a.
Internal administration
b.
External administration
Distinctions
"........................................
a.
Administration and politics "...............................
b.
Administration and law
c.
Administration of government and
administration ofjustice
d.
Administration as an organization
and government
Weaknesses of administrative action

9
9
11
11
11
12
12
12
12
13
13
14

Chapter II
ADMINISTRATIVE
AGENCIES: THEIR NATURE,
CREATION, ESTABLISHMENT AND ABOLITION

Nature of administrative agencies


Administrative powers and functions
\'lJ

16
17

Purposes of administrative agencies


How are administrative agencies created
or established?
Common types of administrative agencies
Does the legislature exercise control over
administrative agencies?

17
18
19
21

CHAPTER III
POWERS OF ADMINISTRATIVE

AGENCIES

Classification of powers of administrative agencies


I. As to the scope and extent of the power
exercised
'.0..
A. Regulatory power.
a.l Power to conduct. investigations
a.2 Quasi-legislative power
a.3 Quasijudicial power
II. All to the kind of power exercised or chosen
by administrative agencies relative to
the problems referred to them
A. Discretionary power
B. Ministerial power
.
Detailed discussion of investigatory power
What is the importance of all the said investigatory powers
and functions of administrative agencies?
Quasi-legislative or rule-making powers
A. What Specifically is the power of an
administrative agency when it exercises
quasi-legislative power?
a.1 Enabling powers
,........................
a.2 Summary powers
a.3 Examining powers
a.4 DispenSing powers,

23
23
23
23
23
23

24
24
24
24
25
26

26
26
26
27
27

CHAPTER IV
THE QUASI-LEGISLATIVE

POWER

Introduction ..............................................................................
Basis and purpose of the doctrine of separation
of powers
.......................................................

31
31

nU8ia 01 t lIB .'11 illt'lplll 1If' non dt'I"Hllt 11111ql JlUWI .8.. .......

Ciln legialutive
PO\\'CI'S Ill' dcll,gut,.d'I..........................
.. . ..
Whnt 1 lilt' tl'lIt l~l deltllllllll(J will t he n glVl'1I p"wel
hll8 been validly cxeJ'cisecl by n JIll t IIl1lnr
depnJ'tment?
......................................... ,
,
.
WhllL is tilt' doctrim' of' llllplie,,! ion
1>11I1Inctll)IJ Iwtwl'l'n Iegislntiv 1)()\vI'" IIIHI quusi.
It-Kllil~lliv(' power
,.t....
Wh"t is till' J(lIidt'lmc to uilt'l('J'vll ill 111'<1"1to ,'nllunl
thut then' is a valid dl'i<'glltion III puw(.1'1.........
('luHHifielltion (If administralivl'
rcgulnt iOlls

(II)
Distinction betweun lcgialnrive u.gulntwlI8
an d tnterpretntivo
It'gulntlOlls
.
Two k inds of legislative regulations
Requisites of 11 valid ndmini trntive rcgulutiou
Will II violation of an udmiuiatrntlve
rt gulntien giV(l
rI8(' to 't crlmln,. I pre) ecutiun? ................ ,
,
i{('(lIlIRltl'S
Ior the validity of'udrnini
trllli'\i(,II'gullltillJl8
with pvnal snnctions .., ..... , ,',
" "...................
'('(!HlH of II valid (h'll'l(lIt IIIn 01 pllWl'l'
(~orl11)1(t(~rlCHHtr-st , expluincd .,1, I" ,0
.
Sufficient stundurd
test, oxplniued
.. .
Whut IIrt the atnndurds 1'(('IIj:lIlIUdIII till JIIII du,tillll/.....
Tht, trend ()f c~.!'\C}\.1.. 1
1 1.......
.,
What IIrI' the advuntnges
of' delegruinn oil gislativ,
powur to udministrutive
"g"ll('I('H?
.
Whut is subdelegation (If power III nuthorlty?
Can quusi-judiciul POWI'I'S involving the oxercise
of'judgment and discret ion h,' confer red by
till' legislnture til ndminist rut iv ngt'IH'lcs'!

a:t

a:t

sa
:14

~r,
:111
:lIi
37
:i7
38
4:l
112

11(;
t1(j
t17

Mi
(if)

5f;

(if;
(iO

CHAPTER V
THE QUASI-JUDICIAL POWER
Definition

of quasi-judicial

power

Reason why quasi-judicial power


administrative

.
IS

granted to an

ngt'nc)

What is the main function of ndrninistrutive agencies


and the administrative officers-in-charge of said
boards. bureaus and offices? ,
What powers are included in the term "quasi-judicial
power?"

IX

62

63
63

Two kinds of determinative powers


a.l) Enabling powers
a.2) Directing powers
a)
Dispensing powers
b) Examining powers
c) Summary powers
What is the nature of the prOCeedings arising
from the exercise of the said powers?
Why do they partake of the nature of judicial
pJ"OCeedi ngs..?

.
.
..
.
.
..

63
63
63
63
63
64

64
64

Are the proceedings before administrative


a d versan ial iIn nature ?

agencies
..

When are proceedings adversarial and when are they

held. ex-parte] .............................................................


Jun'sdi ction
............................
10 I

65

i . . diIcllon?
.
Wh a t ISJuns
..
a.I) Classification of jurisdiction as to
its nature
.
b) What is the source of authority and jurisdiction
of administrative boards. bureaus,
and offices?
..
c) Important points to remember about the
jurisdiction of administrative authorities ..
c.l) Limited jurisdiction
..
c.2) Withoutjurifldiction their acts are void ..
c.3) Source ofjUrisdiction
..
c.4) An agency cannot enlarge its own
J.un'ad'ICtiIon
..
c.5) An administrative tribunal may have
jurisdiction over a case but its decision
may be set aside if it deprived a party
of a full and fair hearing
..
c.6) It may be true that administrative boards.
bureaus, and offices are not bound by
the technical rules of evidence and
procedure. but it is nevertheless bound
by the cardinal rights to be observed
in administrative proceedings
.
Are the orders and the decisions of administrative boards,
bureaus and officea final?
.
When is an administrative decision considered
a)

res judicata?

What is the doctrine of res Judicata in administrative


proceedings?

65

66
66
66

68
68
68
68
68
69

69

70
71

72

..

72

Cases

a)

b)
c)

Roxas VB. Sayoc, 200 Phil. 448


..
RCP} vs. Board of Communications,
80 SCRA 471
..
Montemayor VB. Araneta University,

77 SCRA 321

..

72
72

..

73

..

73

..

CHAPTER VI
IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW
What are the important principles in ndmirustrative
law?
.
A) Doctrine of finality of administrative
decisions
B) Doctrine of exhaustion ofadll1inistralive
remedics ,..
.
.
Reasons for the doctrine of exhaustion
of administrative
remedies

Caaes

C)

D)

E)

F)

G)

..

Other exceptions to the doctrrnc of exhaustion


of administrative
remedies
Doctrine of primary jurisdiction
or prIOr resort.
.
Doctrine of qualified politicnl agency
The President has control of nil executive
departments,
bureaus, And offices
Basis of the control of the President .
Doctrine of res judicata In administrative
proceedings
.. .
Instances when this doctrine IS not applicable
to administrative
proccedmgs
Due process in administrative
proceedings
Procedural due process as understood in
administrative
proceedings
Explanation of each requisite
Is notice and hearing always necessary in
administrations
determinations?
When IS notice and hearing not. necessary?
Instances of valid administrative
determinations
without prior notice and healing
Requisites of judicial review
Basis fOI'judicial review

79
II

79

..

80

..

81

82

86

.
..

89

.
.

93
94

..

95

.
.

96
96

..
.

97

..
..

99

.
.
..

99

93

98

99

102
102

loa
123
12-4
125
125

If

CHAPTER VII
OTHER PRINCIPLES OF ADMINISTRATIVE

LAW

130

130
132
(

134
135
1)

135
f.
149

CHAPTER VIII
APPEAl FROM, OR REVIEW OF, DECISIONS
OF AN ADMINISTRATIVE AGENCY

itt:J ffrom

tb lithe adm
He u f after the reso ut of the h gh

In the admJ J tral


8 nc, concerned
Can the revl6WUlg court re-nam ne th ,ufJia ney
(If the evidence and rec;.eJe addJt 0 I d nc
that WWI Q()t 8ubmJt,t.{:d to the admin

168

authonty

159

agency concerned?

161

What are the other matters that may not be interfered


with by the courts?
Assuming. that an orde; i~i~~~;i~~~~ory.i'~'t'h~;~'~'~~ii~f""
that IS available to a party aggrieved by said
kind of order?
a)
Philippine Airlines, Inc. vs. Civil Aeronautics
Board, 20 SCRA 727.
Appeal from, or review of, orders, actions and decisions
of the different executive departments, bureaus,
and offices
.. .
a)
Philippine Merchant Marine School, Inc. vs.
Court of Appeals, G.R No. 112844,
June 2, 1995
.
b)
Ilocos Sur Electric Cooperative. Inc. vs.
National Labor Relations Commission,
G.R. No. 106161. February 1. 1995.............
c)
Concerned Officials of the Metropolitan
Waterworks System (MWSS) vs. Vasquez,
et al., G.R. No. 109113, Jan. 25,1995 ..... .
Should an order of preventive suspension be nullified
because the Secretary of Health lost his disciplinary
power and authority when the New Local Government
Code took effect on January 1. 1992? ..
.
a)
Secretary of Health, et, at. vs. Court of Appeals,
et al., G.R. No. 112243, Feb 23, 1995
The mechanics or the manner of appealing the decision
of the Commission on Audit IS different because
it is a constitutional body.....
What is the relief available against NHA awards
of sale of its lots?
Can the courts interfere with the Ombudsman's exercise
of his discretion to determine whether or not to file
an information against an accused?

161

162
162
163

163
165
166

168
169

170
170

171

CHAPTER IX
ADMINISTRATIVE AGENCIES CREATED BY
THE CONSTITUTION
Civil Service Commission, Commission on Elections,
and Commission on Audit are independent
commissions
Salaries, term of office, prohibitions at a glance
xiii

175
177

Mechaniea of MaerinI the terms


No member Ihall be appointed or designated in a
temporary or acting capacity
Wlthm what period must a ease or matter be decided
by Mdl COIDJDissaon?
DeciaioD.l are made by the saad commissions. not
by the mdivadual members of said commissions .........
DecisioD.l, orders or rulings of the Constitutional
Commissions may be brought to the Supreme
Court. on Certioran

178
178
179
179

179

CHAPTER X
THE CML SERVICE COMMISSION
Section 1(1) - Composition and qualifications of the
Chairman and Commissioners
.. .
Section 1(2) - Term of office and staggering of terms
Section 2(1) - Coverage of the system
Section 2(2) - Appointment shall be in accordance
. and fitness
WIth ment
,.

185
186
186

187

188

..

Can a person without civil service eligibility

be apJ)Ointed?

Section 2(3) - Employees of the Civil Service shall not


be removed or suspended except for cause as
provided by law
.
Section 2(4) - Civil Servace employees shall not engage
in electioneering or partisan political campaign
.
What is partisan political party?
..
Who are exempted from the prohibition against
Parti188D po I'111.cal ae ti Vlty?
..
Are members of the armed forces subject to
the said prohibition
.
Section 2(5) - Right to self-organization shall not be
denied to government employees
..
Section 2(6) - Temporary employees of the government
are alee protected by law
..
Section 3 - Career Service System
.
Section 4 - All public officers and employees shall take
an oath or affirmation to uphold and defend
this Constitution
.
Section 5 - Standardization of compensation of government
employees and officials
.

189
192
194
194
194
194
195
195

196
197

Section 6 - Defented candidate. .. shall not be appointed


within one (1) year nftl'!" the election ..........................
Section 7 - Elective officials arc not eligible for appointment
or designation in any capacity to any public
office during his tenure ..............
.......
Section 8 - Elective and appointive public officials shall
not receive additional or double compensation
unless specifically authorized by law

19i

199

200

CHAPTER Xl
THE COMMISSION ON ELECTIONS (COMELEC)
Section 1(1) - Composition and qualificarions of
the Chairman and six Commissioners
Composition and qualification at 8 glance
_
Reason for the proviso

Whut is prnct ICC' or law?


The Chairmun and Members of tho '"'ommis:;ion
on Elections must be appointed or designated
on a permanent capacity
.
Section 1(2) - Term of office find :-ttll!J.tering of terms
.
Section 2( 14) - Powers and functions of tho CO~{ELE
.
What is the nat lire of the powers of the
Commission on Elections
.
Section 2(5) - Power to register political parties, etc .
Section 2(6) - Prosecution of cases
.
Section 2(7) - COMELEC can recommend measures
to Congress to minimize election spending, etc
..
Section 2(8) - Power of CO~IELEC to recommend remov 1
of any officer or employ ee It has deputized
..
Section 2(9) - Report of CO.ME1.EC to the President
and Congress .
.
.
Section 3 - The COMELEC shall promulgate us rules
and procedures .1.
........................................
Section 4 - The CO~IELEC Illa~supervise or regulate
the enjoyment or utilizat ion of all franchises. etc .....
Section 5 - No pardon. etc .. \\ ithour the fa, orable
recommendation of the CO~IELEC to the President ..
Section 6 - A free and open part) S) stem shall be
allowed to evolve
.. .
.
Section 7 - Votes cast in favor of political party IS' alid
if it is registered under the party-list system
.

"

205
205
206

2 6

207

:..0'"

~O'
2H
216
220

221
222
222
~~~2

ssa
224
:125

~~6

"

ueprotecttd

.'II
OOMBLIC
"1'Ipl. or .peeI,1

811neC9l!!![uy

IHAPTlRXI
CIOIINI.ION ON AUDIT
C1Oap."'IlII_

qut1lftcatton

Ito__ Wb~

and duty orthe

'l'erai or"'udltllPriD.

orterm II

II.

.,1'"
.4 I,'

II

248

24r,
24~
2"(;

2";"
2-71

Properties Corporation. Inc.


and PAGCOR, G.R.No.111097, July 20.1994...
Section 3 - Congress shall enact local government code
Section 4 - General supervision over local governments
Does the removal of the phrase "a", may be provided
by law" divest the President of the power to
investigate, suspend, discipline, or remove
local offiCIals? ..
..................................
Supervi OT)' po\ver
Section ii - Power to create Its OWJl sources
of revenue, ctc. .
What IS the signlficance of Section 5'/
What are the sourc of revenue of municipal
corporations?
. . .
.
Section 6- ~I
government shall have a Just
share 10 n tional taxe .
..
Section 7 - Local governments nrc entitled to an
equitable hare In national taxes; .
Section - Term of local officials
Tenn limit
.. .
The crreumv enuon of the prohibition.
Section 9 - Lcgi lative bodies of local governments shall
hav e sectoral rcpr entation
Seeuon 10 - Creation, division, merger, abolition
(c) Magtaias vs. Pryce

259
260
261

262
262
263

263
263
264

:.!64
264
265
265
266

of province etc
The 68Jd acts nrc still legtslative an nature
Section 11- Power of Congress to create metropolitan

266
267

political subdivisions
Power and limitations
Section 12 - Category of eitiea.,
Three kinds of ctues;
Sectron 13 -Authont)
of local government units
to group together and coordinate their efforts
Section 14 - Regional development councils
Section 15 Autonomous Regions
Two Autonomous Regions
Autonomous regions can be established only within
the frame ....ork of the constitution and the national
sovereignty as well as territorialintegrity
of the Republic of the Phihppines.................................
Section 16 - The President has general supervision

269
269
270
270

over autonomous

regJons

Sections 17, 18. and 19...........................................................


XVII

271
271
272
272

272
273
273

CHAPTER I

GENERAL PRINCIPLES

TOPICS IN THIS CHAPTER:


1. Introduction
2.

Definition
a.

3.

of adminit;trative

Administrative

Background
a.

law

law in actual practice

and development

Origin of administrative

4.

Sources of administrative

5.

Relationship

of administrative
law

law

between courts and administrative

6. Classes of ndministrative
7. Administration

law

agencies

bodies in the Philippines

defined

8. Two aspects of administration

9.

10.

a.

Internal

administration

b.

External

administration

Distinctions

a.

Administr-ation

and politics

b.

Administration

and law

c.

Administration
justice

of government

d.

Administration

as an organization

Weaknesses

of administrative

action

and administration
and government

of

DISCUSSION

1.

INTRODUCTION

.
I tion in our countrY carries with it complex
- d ff ti I h dl
Th e groWlOg popu a
problems that could no longer be efficiently all e ec. I~e y ~n ed
by the three departments of go\emment. More adm~rustratl~e
bureaus and offices therefore have to be created from time to time so
that powers. functions and responsibilities could be delegat~d to administrative officers or agencies that could devote more time and
expertise to accomplish what have been delegated to them.
What is being delegated is not only the power to assist and to
exercise said powers and functions but also the pow~r to Issue rules
and regulations necessary to carry into effect the mission sought to
be accomplished. In short. said agencics arc necessarily involved in
rule-making. adjudication and investigation, In fact. the body of decisions thev promulgate from day to day constitute the bulk of adrninistrative law.
To mention a few of the agencies of government that are actively involved in all the said functions are the ~atlonal Labor Relations Commission, Bureau of Immigration and Deportation. Philippine Sports Commission, Commission on Higher Education. Housing and Land Usc Regulatory Board. Bureau of Food and Drug. the
Department of Trade and Industry. Securities and Exchange Commission and many others The number of cases filed. for instance. In
the National Labor Relations Commission, Bureau of Immigration
and Deportation and the Securities and Exchange Commission are
growing in number from day to dav, It can be said safely that without
the assistance of said bureaus and offices. the problems of the citizens will not be given much attention.

2.

DEFINITION OF ADMINISTRATIVE LAW

.
Noted authors have their respective definitions of admmistra,
tive law.
Roscoe Pound defines the term Madministrative law" as that
branch of mode~ la~ under which the executive department of the
~ovemment: acting In a quasi-legislative or quasi-judicial capacity
tnte~ere8 with the ,conduct of the individual for the purpose of pro:
meting the well-being of the community, as under laws regulating

OENERAL

PRINCIPLf

public utility corporatiens, bureaus anl'(~lcd \\ ith publillIllm,'ill. pi tl


fe8t1lon .trad and callings. rates and prices, h1\\s for I IIIlIH 1I1t'( Iiun
of public health and public com enience and ndvantugo I
....e:'oodno .... define administrative law 8S that, branch (If puhllc
law which fixe the organizntion and determines t hi' cump 'Wilt " III
admllllstrnhve
authorities, and indicult'8 to the illl"\ idullll,lIllt'dll'lI
for the vlolatulIl of his rights 2
Freund defines udrninistrative
1(1\\ as t hilt S\'stCIlI IIf It'g tI nrinClpll's which sett]
Ihe CQDlliclUlg clnims of tho ~oouti\t)
IUlII 1111mmlstratJve
nuthoritie
on the one hand and of the IlHh\Hluul Cli
private nghts on the otller'

I"

In Its broadest

sen
the term "ndministrntive
law n 11lr!IHhg
portIOn of public law of the land cuncerning
('Xl'l'ul ivo IIlId
admllllstrnllvc
officials. In this sense, it includes much nf'lhl' Inw III'
soverurgn states, their powers and dut iI'S, the law of puhln- nlhl'ln II,
their election, appeintment
and removal, civil service, and Ilit' Ilghlil,
duties nnd liabilities of officers, milch of tho 10\\ of PUb"I' corporanons, the law relating to government BcrVlCI und the dist ribut iun o!
the bounties of govcrnml'nt, and finally, nil of thnt great nnd gnl\\ Ifig
mass of legal doctrine having to do with the enforcement Ill' IltHI ute
law regulating private affuirs. It nel'CSSIII1I) Includes also tilt' pion',
dural methods hy which subatantive
111\\In those fields 18 l,nl'l'lIl
all that

ated."

Administrative Law in actual practice


On the basis ofthe aforementioned definitions.nnd
cunaidl'lllltt
how admirtistrut ive law presently operntus III this JUI1Sdll'tiClII fl IllI1
day to day, it ill perhaps easier to undcrstund adrninist 1"1\1
iVI' 11m by
having in mind that:

1. It is a branch of public

2, It deals

lnw

w ith the activ ities of executive

t ive agencies,

known and referred

III'

ndmiuist

to ns "buards,"

rn"hu-

Pound, Growl h of American Adminisrrntivu l.nl\, cited in D"(illlllulIl, 111.1Illr


uone lind General Principles In PuhhCIII La" Ruperta 'lart,n, 1953
'Goodnow, Comparative Admini,lraul e Law, p !l
Freund, Cases on Administrative Law, p 1
'Suson Admirustrativ e Tribunals, 2nd Ed ,p 1

.......

'C01nm,iui4)n..

,n th

1\(1

t\

\dmlll

iarabon

EXAMPLE:
There II a Ie I pre umpt I \ th It th
by the National Telceolllmul\1
\1 \ (
noalOnable It mu t be c need d th t th
rate. by the governm nt throu h t
\I tit
anvolvea the e em e of re
n bl d,
h
I...there i. an abu e of that dl
\ th
not Interfere C urts d 1\ tint
tlve aenon pnor t It eomnlou

I ""\

d to Hllllin
md in tlln
fthl
lilt

Aft adaunl trahve decl"l n m ~ pnlperh be III IIdl II


or eet ulde only upon C'I r h \\
th t the drutnl
tretive offiCial r tribunal has
t d \\ rth
r \\
\b\l I
of cli8cretioD amounung to I ck or xc '"ofJun diet hili
'MIen II an abuse of di creuon ~ hen the ame \\ I PI"
formeclln a eapnesou or whimsi al t'xefCl (' f J\hll
ment which 1 equivalent to lack of jurisdi: lliln \'1\1'

\. 'li.\
mUl1hlllh'II"

GEl R.... PRI

IPl"

nhu ~ of diserencn mu t be
p!lunt and gross s t
amount to an \ a , n of posruve dut~ r to virtu I
refusal to perform dut\ enjoined bJ Is , - \ here the
J)ll\\(~r I exercised in an rilltmt) cr despotic m nne r
h~ reason of passion of personal h !!tlht.
7. Fuetual findings of admin) trotl'
bodres sh uld be a
corded not only respect hut I 6n8ht) lfth('~ re 'up'
ported b) subst nua] evidence C\ n If not 0\ c; J"\\ h Imme or preponderant '
Although findings of f ets of an adnunlStn.\U\
('\
1S persua l\ e m courts and e rn
th 1t 8 U'Oll8 proumption ofrorrcctne ..- n
- th mterpret uon
and application of! \\ I th eo
pro
u\
W/H~n C'CHI there be a judicial
foC'tll clf ad mi ni strarice bodi ,

recieu: oftlae findin

There can b n judieial rtl\'lew of th


fnct .. of administrottv e bodie

of

findlngs

1)

\\TJten there 1- fraud. rmpes uon r


~tak othu
than errors ofJudgtn nt In -umahog th
1u
effect of c\,dcnce. and

2)

\\ hen there 1::;nn error In th appreaau


ofpl
ings nnd an the apprecrauon
of documentar')

dence pre- nted b,) the pam 9. Admiuistrative remedic


hould first be exhau"teci~ ....
foro filing n p('titlon for re1l('f. J
10. On purely legal quest10n. ho" " r, th ~C\-ed
part
nee d not f.' haust admim irauve remedie
Re on
Xothin~ of an ndmlDlSU'au\C nature 15 to be d n or
can be dane in the dmini tranve forum

'JI"IT'I!of rn~uan'
Offi~ of the PreSldttt.d a1.. G.R..' 1 ~4, 1996
'CII1'3 r'ihplOO R('nlt, C. n"<vauon vs, Ofi'lte oflhe I"'tt.41
I rrudr.ntlal
Bank ,~ v., . It
G.R. 1\0. 41535. Jant:ary 19, 1_
IIrrUd,'nllal Bank, _ :-.. no.G.R 0. 4il-2S3,~
19 1_
\\;'I..trom \ Mil,. ' ,.R
7 January ~ 1
Prudl nttal Bank"
~no.
:;va

Det:x:::ba
1

AUNI

I lJtAIIVS:

lAY,

U. a.M i.uch that Jhi determination

11

requn 1'8 HII' ex.peclah:ted skill and knl)wledgl' of tl ... propur


adm n trative bodie b. eau .. technical matters UI' in
I.r ~ qUI uon I offacU! nrc IIIV'Jlvf>U, Own ,.,I.. f IIIl1sl
fir.t be ootamf'd
II an idmmiatrative
pr'lIl'PI'ding 111"
f(l~arm dy will 00 UI,plwd hy the courts even lIH)ugh
the matter J wllhua the properjurisdiction of II t(JU"I.'~
Th II known all th. principle of prnnnry jurisdiction .
~

.a.

BACKGROUND

AND DEV";I.J'PMENT

OF ADMINISTRA.

Tl'VELAW
1be

flf populatIOn and the grl)....ing complexitir


of day
In the urban and rural cemmunities, hav nl'l"'IIHIU'

IICI'ea.It

w day I f~ both

Jy Jncr~
the Iunction ofth,' thn e (:1) principal brunches of th('
pernm~nt. In the la t five d. cades, till' number of CIIRI'1I submitted
lor adjudJ(:ataon and ht~gntlon have d',ggt'd dockuts in 1111 court- Ad
mmiIJtnJuv .. cases filed In the different administrati VI' bun-a UR, corn
.'

..

WIII

boards

and other

VCIJume

om, e

have signifieantly

increased

In

The IIdmanuII,raUon and enforcement of our laws could no 10111-(\"


t. ef!'acwntly and effoct.lvely handled by the principal departmcnte of
pvemment
Hence. quasI ~Ud1Cl81and quasi.legislative
functions
have w be delegated to the different adminlstrativn agencies of the
pernment
The power delegated nrc therefore not merely limited
to ruJe..mak.ing and mvesngauon but also to ndjudicalJon of cases or
.... JeM presented to them
~

0(

Admuu.trative Lew

~
angln of admlm8lrall~c
the IoIJowang
1

law could therefore be traced to

Statute. Setting up admanistralave authorities either


by creahng boards and commissions or administrative
officers or by confiding the powers and duties to existJOg boards, ccmnnseions. or officers. to amplify. apply,
execute, and supervise the operation of. and determine
controverSICB arising under particular laws in the enactment of which the legislature decided for matters of

lod...naJ Kn~lne

v. CourtofAppeaJIl,G.R

No. 88550,ApnI8, 1990.

OF 1I:HRAI PRINI'II'11

con V('l\il\nl'll 1I1' for tJU kkl'I Ill' IlW!'C t[lI('II1I1 11(1111iII i~tratilll\ til withhold the controversies,
III lou. I ill tilt' fir~f
iustanco, 1'1om the courts Ill' lnw,

2)

lncrea r. ofgol'crnmcllt

[unction and concerns

Cornplexit ios of modern life IICl'{' <;llrll) mcrease till' functions lind concerns of guvurumon;
whir ..h, III turn, rcqurres till' lugisluture
lei tTl'lItl' more udmimstrnuvc
ngencios \\ Inch \\ ill tnke churge in nttonding
to muttors t.hut domnnd their S11IOt'i1l1 competence nnd expert ise,

3)

Nc ((':>81(\ (If guvcrlll1l,'lIt cont rol and regulation - The


government hns interv C1\('d 11\ contractual rclntion thnt
nrc alTI'I'Il'd wit h puhlic interust., As it l!l now, the I{OVernment
hils I'XCI'CISI'd eont rol lind regulntion uf muny
n$lwdl:lllfhulillH'SS such us hilt not limited to lnbor lind
mnllll!.:('l1WIlI relnt ions. imnugrnt Ion lind dcpnrtut rou,
banking, recruitment
of ovcrsvus workers, msurnncc.
telccommunicnt
ion indust ry, water serVICCS, finance,
foreign exchange. health. food nnd drugs, regulurion of
profe: ion, regulation ofsport<; nctivities, Including the
morutormg orpln) er's crt,tll'nltals nnd citizenship, morals. invest mont, energy regulnnon, forest development,
m iniug , lund conversion. electron.
tax collect ion lind
administ rut ion, human set tlomeuts and regulntion of
subdivisions,
civil service and eligibility of government
employees, and man, other businesses und uctivities
that are impressed \\ ith public interest.
In the CClUrSt' of'the cxereisc of the above-nll'nllOncd
fu net ions II nd fl'sponsibi lit it'S, rules. regulauons,
decisions nnd orders arc issued every now and then by the
diffl'fl'llt u~cncics of the government.
All of these. in
turn, cont ribute 10 the gro\\ th and development of administ rat IVC law,

4.

SOURCES
Administrntin'
1)

OF ADMINISTRATIVE

LAW

law is derived from the following SOurces:

The Constitution
Article IX, Section 1 of the 1987
Constitution
which provides as follows "The Consti-

tutional Commi ion., which sholl be independ-

'.''i&iRATIVB

SUtatee aeatiq

LAW

administrative

bodies

... .. '3.

1.1 TIle Board of'lDergy was created by Presidentilll


Deer. No. U08 elated October 6, 1977.
U

...... PbitippiaeOvenea.s Employment AdOlinistrntieD (POBA) took over the functions of the O~er__ EmpIoJment Development Board (OBOB). It
wuaeated bJ Executive Order No. 797 dah'd May
1, 1972.

1.8 Tbe Workmen'. Compensation Commission was


abolished on March 31, 1976, and it was rl'placed
bJ the BmploJee8' Compensation Commission aa
PJ'OYidecl bJ Article 176 of the New Labor Code of
&be PhiliPP"'" PD No. 442, as amended.
I)

Court decisiona - interpreting the charters of ndminiataalite ........


and defining their powers and responaIhIIitiea.

3.1 oIuri8prudenee laid down by the Supreme Court


contehring interpretations involving the principle
of primary juri8cliction; exhaustion of adrn inistrative nnnedies; due process in administrative pro-

ceedi .... , etc.


.)

Tbe bodyofnde.. regulations and orders issued by ad tlati


'N...
...

M"M8.

B-amp"':
4.1 RaJ.......
Jeticms. circulars issued by the different atfmiIU8trative agencies of the government.

4.2 Deciaiona and orders of administrative bodies in


mSBS SD ziU" to them (i.e., decisions of the Nn-

Relations Commission on complaints


f'iW ~ "'J5.1 api-st their employers).
pi''''_'

III NIIlAI,I'ItI

/1 11'1 I

II

III ~"lIlItI,
II... 11",1
IIfIV. 1111 I"'W"
,,111111" ,VI 11111I,VI"
IIIIIIIIIIIIIIH
IllId 11111.,118 "I IIdllllllll\ll III I\"
11'111111111"111 1,111..
'111111'111
'1IIIIIlill{lll,",lIy 11111 Willi I' IiJlP' I III ,,,III IIIVtIIV'"~
I III II IHI .. 111"11111 III 11111 I 111111
"HH 11," tit I

It ...
V,IIV

1111

11,lIflY I.. '.,11 1111111111 .111111 1I1I1I)lIf' tI" tllllt l"'lIkf It,V-"IIIIII(1
11111,"1111,"1111'
I.
IllIw. \1'1 II lit. I'll I I filII It LIIilI lUi tI""',IIII110

,It

1111" 1111"11. till Ii ,II '. 'H flllt~tll


kill
1""IIt, 11111111111 111I11v. 111,,111 IIIC 1111 i It ,I"JII

tllltl kOI,wl"I",
t.1

In

fir till'

uter f,r lIltrlc.!IU

III\IIIIVI el, 1111 II " 1111 1011 t fi,st 1)(, f,I.1 11111" In
,uII,II.hIlU
1"111,,
II n'Ir1f!Cly Will h, fllIJlpllfti
hy
Ih. '111111. \1111 tllIlI'l{lI 1110 IIWIl/1 III wlllllllihe
prt'I".r J'IIIIIIII{tlflll
IIr

"'11"'1111111 1111111
111111111111111IIIIIIV'
"'111111

fl.

fill

It

('I.ARtUJH01" AnMINIHTItNI'IV":
I....
INI:H
I,

ArllIlIlIllllwIIVlllull"H fllr"

non ...:s IN'I'IIE PHil,.

glllotlllO

111111"1

""Iicc Jlllwer.

1',)(111111'1. II
II)

1'11111111111"11111
1111 11I11I1I1f' til 11111nnd 1>'pnrI.IILilln

Itl

H 111111111 111111 l~xl'hllllH"

"I

1'llIl.'lIlIlIllIul

III

11111'1'1111 III 1"111111111111 Drllg

IIIIIIHIIIH

I)

BUIll d III FUlld IIIII,II'c'l'"'8

",

MOIwtllry

h)

1.111111'1'1I11111J1111 I n t run Ollll'p

IIJ'IIfM'rJndU.lrl".

1("1(11111111111

1I11r1

Commlssion
('fJlllllli8Hlnll

I.ulld l 'I'"~ Hlluul(ltory

Board

Bllfll.1

lurpurlll ..".

IIr

II.. I'llIhpPIIII!H

VB.

I.IIry, (J R Nil 79'111. Apnl 211,IIIIHI

"Indu.trlal Jo!lIlt1rpnlle., 1"" V8 ('Ourl Olr Appelll.,8llpra

Deputy Executive Sf'ere-

to

APMINISTRAl'IVIo: I,,''''

~)

Admlnl.trative bodies for regulation of puhlie utilities.


E ampll'8
.)

3)

b)

Land Transportation
Franchising and Regulatory
Board
NatIonal Telt>CommunH'utlOns Commission

c)

Board of Energy

d)

NatIOnal Watl'r nnd Resources

e)

CI" IIAeronauticI'

Board of Marint' Inquiry

Board

bodies to carryon

AdmlOl.tratIH'

Council

governmental

func-

nons

4)

1\)

HurNIU ,If Internal

bl

Bureau of Customs

c)

Civil gt'n

d)

Board of Special Inquiry

e)

Bureau of Lands

I)

Land Rt'glstratl()l1 Authority

ICC

Revenue

Commission

AdmlOltltratl\(' bodies that adjudicates


dustnal controversies.

and decides

in-

E amplel'
ll)

National Labor Relations

b)

Philippine

Overseas

Commission

Employment

Adjudication

Offil'tl
Cl

5)

Human Settlement Regulatory Commission or The


Housing and Land Use Regulatory Board

Administrath

(' bodies making the government

party.

E amples:
a)

CommiSSIon on Audit

a private

1I

II)
I)

SIIl'inl SI't'

'1

11"

AdlllllliS1!otiv'l

.
C

a)

h)
c)

ell

'

Y System

II)()II')S

(JUice

thut grnnt pnvJ)p.gcB.

PhilipPIlIt; Vetl'rons Affairs Office


BIlIIl'd of I'
J
fir( ons and Paro".
Blln'(lu Clf'Lullds
LUllcl'l'rHIlBPllrtUlion

and Franchising

Board

7)

Arljuriiclticm

Adltlinlstnltlv'l
)'
,
'
u lCJ( 11'8 that aSSIsts
UnIts 111M(,trCl Manila,

Local

Hegulutory

overnment

K'CHlllplt,:
II)

.:r.

Ml't rn Muniln

ADMINISTRATION

J)('vclopm('nt. Aut.horlty

DEI"INED

It ill an Ilctivily of tho Ux('cuhv(.l officer of the government.

The
government
ndminist("s w}wn it appoints an officer, instructs its diplomatic agents, IHiS('SSCS and collects its taxes, drills it.'! army, investigates U case of tho commission of crime and execute the judgment
of court. Wherwv{'r we SCc' the government in action as opposed to
deliberation
or the rendering of a judicial decision. there we say is
administration.
Adminit.;tration
executive aetiun.I?

is thus to be found in all the manifestations

of

Administration,
as it i~ pre ..sently understood. refers to the aggregate of those persons in whose hands the reigns of government
are for the time being.ls

)It(

TWO (2) ASPECTS OF ADMINISTRATION


There are two
1.

(2)

INTERNAL
legal structure

"Goodnow, Comparative

aspects

of administration,

ADMINISTRATION.
or organization
Admimstrative

IU.S, V8. Dorr. 2 Phil. 332,

namely:

This includes the


of public administration

Law, p. 12.

12

ADMISISTRATI\'EI.AW

and the legal aspects of each institutional


activity. ti.e.,
personnel. material, physical and planning activities).

2.

9.

EXTERNAL ADMINISTRATION.

This 1S concerned
with the problems of administrative
regulations
or the
exercise of power for carrying out the ends for which
such powers were delegated."

DISTINCTIONS
(A) ADMINISTRATION
GUISHED
ADMINISTRATION

AND POLITICS

DISTIN.

POLITICS

Administration has somePolitics has something to


thing to do with the execution of do with policies or expressions
the policies of the state.
of the state's will.

. .

Execution of said policies is


entrusted to the body of officers,
called administrative officers.

(B) ADMINISTRATION AND LAW DISTINGUISHED


ADMINISTRATION

LAW

Administration
achieves
public securrty by preventive
measures It selects a hierarchy
of officials to each of whom detinite work is assigned, and It is
governed by ends rather than
rules. It is personal Hence, it is
often arbitrary and IS subject to
the abuse incident to personal as
contrasted WIth impersonal or
law-regulated action.

It operates by redress or
punishment rather than by prevenrion, It formulates general
rules of action and visits infracuon of these rules with penaltie" It does not supervise action.
It leave .. individuals free to act,
but Imposes pains on those who
do not act in accordance with the
rules prescribed.P

42 Am JUT, 290
Rotlcoe Pound In Proclamation. Pol Sci ASSOCIation, pp 232-233

GENERAl, PRINcrpl.I':s

13

(C) ADMINISTRATION
OF GOVERNMENT AND ADMINISTRATION
OF JUSTICE DISTINGUISHED21
..ADMINISTRATION

ADMINlSTRA'tION
OF JUSTICE

OF GOVERNMENT
The administrative officers
.bo are charged with the adminiatration of government determine what is the law to find out
.bether they are competent to
act and if 80, whether it IS wise
for them to act.

The judicial officers who


are charged with the administration of justice decides controversies between individuals
and government officers as to
the applicability in the cases in
a question of a particular rule
of law. Hence. they determine
what In", IS applicable to the
facts brought before them,

(D) ADMINISTRATION
AS AN ORGANIZATION
GOVERNMENT DISTINGUISHED

ADMINISTRATION AS A
GOVERNMENT

ADMINISTRATION AS
AN ORGANIZATION
Administration
refers to
that group or aggregate of perIOns in whose hands. the reigns
of government are for the time
being. a It indicates the entire administrative organization extending down from the Chief Executive to the most humble of his
subordinates. It is thus the totality of the executive and adminiatrative authonties."

'lOoodnow.op.

ell ..

AND

As an element of'the Stale,

government IS defined as "that


institution or aggregate of instrtutions by w hich an independent society makes and carries
out those rules of action which
are necessary to enable men to
live 10 a social state, or which
are imposed upon the people
forming that society by those
who possess the power or authority of prescribing tbem,24
8

p. 10.

1111,S.va. Dorr. 2 Phil 332


1IGooclnow. op. eu p. 5
"Us. va. DolT. 2 Pbil. 332: Bacanl va. N.Uona! Coconut Corporation, 53 O.G
1788.

ADMINlS'fRATlVF.

14

1,(

WEAKNEssEs

LAW

OF ADMINISTRATIVE ACTION

Adullnurtrabon suffers from the following weaknesses:


1.

Tendency towards arbitrariness:

2.

Lack oflegal knowledge and attitude in Bound judicial


technique;

3.

Susceptibility to pohtical bius or pressure, on en bml~ght


about by uncertainty of tenure and lack of aufficient
safeguards for independence;

4.

A disregard for the safegunrds that. Insure a full lind


fair hearing;

5.

Absence of standard rules of procedure 8uitflbl( to tho


activities of each agency; lind

6.

A dangerous combination of legialative, executive, and


judicial functiona.Z$

-Lawyer'. Journal. Vol. 7, p, 560: Macapagal, Judicial Supremacy over Admin.atratlve Bodies, Lawyer's Journal, Vol. 12, pp. 312314.

CHAPTER"

ADMINISTRATIVE AGENCIES:
THEIR NATURE, CREATION,
ESTABLISHMENT AND ABOLITION

TOI'ICS

IN TillS

CHAI''I'EJt:

"f "II 1111niat.rut ive agencies

1.

Nut.llrf'

2.

Administrutiv

powera and functions

ag('ncies
:J..-- How lUI' udminiat rnt ivr, agencies created or established?
O. (;nmmon typea of administrative agencies
6, f)11C'.R the IIglslnturc
CXI'rCISC control over administrative
:S,

1'lIrl'1II1f'8 of ndminiatrutive

ng(nci!s'!

15

,
ADMINI ;TRATI\ E 1,1.\\

DISCU SIO'
1.

NATUJU: OF Al)MINlSTKA'I'IV": AGf.

'N

If<:

All admim lrnll\(' 1(lI'nc I nil argon of guvernment


n
"',1RCllll" pecsfic rule
ind r gulnl.oIl8lo
tf'\I ted \\ Ilh t }re ta k Iilr ,.
t It fi t
fTN'l\l te 'hI puq.lOIl ofth" t uutc I r{ntln I
une Ions nd
re qUlltll 1t'81 lau,t' or qun t JIJ(h 101, or In omo mston
,
an
nt of 1hi XI Uti \ hraneh of til gOY rnm nt In
whl h \
11 I eniru 11d \\ nh ttll duty to ex rcrse x CUll"
a d ,dnlllll!l,rotn
(I Iunctron
dmim trauve agcnclc do not oxcrci C purdy JudiCial rune.
tI n

md thl') are not bound b) the lCl'hlllcul rules of vldenc


aud JIN dur( ob ervs d b) courts 110\\1 VI'I, foelllni finding of
,dn\llu"tntl\c
ngencrcs n well n ndllllnlSI muve regulatfona and
pohcl
enacted b\ the ndministrnuve
bodlNI haw' the fore of
I \\ and re entitled 10 grent I'(' PCCI. 'l'hey nre presumed
to be
2
[ nl uIII
there I nil abu
of di neLion.
Whl'lI on admini

trunve or xeeutive (lgeney renders an o;'ln.


I n r I lit'
un ment f policy, It me ely interprets 8 pre-ex.
I ung I \\ and the admtm trauve Intcrpretntion
of the law I at
be l d" or), for it I the court that finnlly determine what the
low m an It hn 01 0 b n held that Interpretativc
regulations
n d not be published
Adnllllllltrnllvtl conatructiun,
II WI' may repent, IS not neee
Inly binding upon the courts. Aclu,n (If lin udm in is! I'm ivo ogene,
rnoJ be di turbed/set asid .. hy the Judicial dl'pnrllllcnt,
If there I
fin error of law, or nbuse (If power nr lack of jurisdlct ion or gra\
Dbu e of discretion clearly conflict ing Wit h either the lett r or the
pInt of a legl lative enficlment.~
An administrative agl'ncy III know II lind referred to either as
comrm JOn, board, bureau, offiCI" (Ulllllllllltrntor. authority, agency

and the like

GOl'I I

\..~ I~m!llllnk

1,1

Ih. I'h'lil'lllllt.

(, It No 7676. Mnrch 22 1990

rpi VB NT( o R No IJ6683, Apnl:lO 1900


I~ ralta v c',vd OOI'VlCCGomml
on 0 R No 95832 Augu t 10 1992.
Ron Pnd.11JI J
II
'lbuJ

.\D~II:-:ISTRATI\E AGENCIES THEIR ;-J,\TURI-:.CR~:t\TI()N.


EST"BLISH~rENT AND ,\BOl.ITION

2.

ADMINISTRATIVE

17

POWERS AND FUNCTJONS

Administrative agencies have 1wo principal kinds of


nnd functions namely:
1.

Rule-making power or quasi.legislative

2.

Power of adjudication

or quasi-Judicial

PUW('1'1l

function.
function

Other powers and functions of administrative ng<'n('ll'Smny


either be.

3.

1.

Discretionary

and ministerial

2.

Investigatory

or inquisitorial

3.

Determinative

powers.
powers.

power which is further subdivided into:

a.

enabling powers

b.

directing powers

c.

dispensmg powers

d.

examining powers

e.

summary powers

PURPOSE OF ADM1NISTRATIVE AGENCIES

Administrative
following purposes:

agencies are usually created for any of the

(1)

To dispense certain privileges accorded by the government:

(2)

To carryon governmental

(3)

To carryon
public;

(4)

To regulate certain public callings or business affected


with public interest;

(5)

To promote the general welfare through police regulations;and

business or functions:

or undertake some busmess service for the

'Sta.eoni Cases and other !tfaterials on Administrative


..2 Am. Jill: 323. 360-363

Tribunals.

2nd Ed .. 71.

1.

ADMINISTRATIVE

(6)

LAW

To detemune rights of individuals in certain cases where


a strong social policy J8 involved."

.c.

BOW ARB ADMINISTRATIVE


ESTABIJS1lBD?

BODIES CREATED

AND

Admlni.tratlve agencies may be created by: U1 the Constitution, (Jl-th. legJ.lature in legislative enactments; or (.31 by authonty of law

Bsampk ofadmillutrGtive ageneie. created by the Con.1UuIfo1I:


a

CIvIl Service Oommission

Commission on Elections

c.

Commission on Audit

Bsampk ofadmini.trative bodies created by the legi8'


lolu~ ,larau.Iak.i.lotive enactment:
a.

Bureau of Customs

b.

Bureau of Internal Revenue

c.

National Labor Relations Commission

d.

Securities and Exchange Commission

e.

Central Bank of the Philippines

f.

National Food Authority

&ompk ofadmilliBiralive agencie8created by authorollow ullder and by virtue of variou8 government reor.",,;'011011 oct. ond ill tile proee of 0 reorganization of
,IN execulive branclaof tlae6overnment:
ily

a.

The POEA was created by virtue of Executive Order No.


797 dated May 1, 1992. Philippine Overseas Employment Administration (POEA) took over the functions of
the Overseas Employment Division Board. In turn, Ex-

'McDermott. CIted

ID

Admirustrabve

Law by Neptali A. Gonzales, 1979.

AllM INlgTHATI\'I~ ,\01 I'll U:S III Ell{ :\A'fURE. CREATION.


rS'r \UI.ISII MI':N I A!':J) ABO[.ITIO:-;

ecutrve Order ~(). 217 dated -July 24.1987. granted


ditionul power's nnd functions to the POEA,
h.

5.

)9

ad-

TIlt' Public Service Commission was created under Commonwonlth Act Nu. lW. Said commission is now known
IlN the Board of Enl'rgy which was created
by Presidential Dccrec Nil, 1208 dnted October 6,1977

COMMON TYPES OF ADMINISTRATIVE

AGENCmS

There arc several types of ndmlnistrative


agencies depending on the functions und purposes for which they are organized,
to wit.:
1.

AdministratIve
ngencies organized
rt'glllnti~
business interest.

for the purpose

of

Example:
II.

Philippine'

b.

Office of the J nsurnnce

c.

Sugar Regulatory

d.

National

c.

Secur-ities

f.

Land Registration

g.

Bureau

h.

"Bureau

1.

2.

Patent

Office
Commission

Board

Food Authority
and Exchange

Commission

Authority

of Forestry
of Mint's

Civil Aeronautics

Board

Agencies organized for the purpose of regulating


Private business and individuals through the police power
of the State.

Example:
a.

Professional

Regulation

b.

Movie and Television


Board

c.

Board of Investments

d.

Overseas

Workers

Commission
Review

and Classificat.ion

\V,~lfare Administration

.......

Re aU D~Commission
Reltioo Office of rhe Department

'bltiODAI La

of Labor

La r Sc.andard~
organIzed for the purpose
n nee for the public.

of

rp t
PhI pp n NatlOnol RllIl\\8)S
c IAeronautIc Board
B

Board orManne Inqulr)


AdmIn tratl e agencIes organized for the purpose of
".rr)"Di certain governmental function ..
d

p:

Bure.u or Internal

Bureau

enue

r CUltom
Bank o(the PhlhpplOc

central

Rev

Bu..... u 0( ImmIgratIOn and Deportation

Adml
ratlYe apneic orgaml-ed for the purpose
ofl'enl\llpeclal pn~ lege or gratuity,
Bx

p.e:

Phlhpplne Veterans Affairs Office

Board or Pardons and Parole

e
d

of

=
Bureau

or Mines

Transportation

Franchising and Regulatory

1\\\11

, '\'"l;" No

11;\'11\

II 11111111 NA"II[I,'
11'11 NII\NIII\lIcIIIIIIIN

1I1,j\I'IIIN,

:otl

" I \0iI' ""h lh,'" ~ Ilnl" 11111,' 1\1101,,)11 '11111111111,'" nil w,11 ""
\'1"
\1' \ 1\\ ",I. 11\, , II1\\ III II, nt' 11\, tI. II IlcllI ,\ .11 I ',1I1J{1I)1I8 Jl Iny 1111
\ ,Itth, .hn. ,. III ':}III" II, nl "III c,1 (111"111111"'11 111111illl'Klllllri,

"

111111111111111""

\ 0" \, I hi
,.,\ '"'' ," Ill,

"'h

II

Illlll

I lll,hllln", (I ","II!IIll1liOlllld
(llllrl'
, I ,I"
"I, 11\0 I 1111., IIJtIlI' 1111\ 1I11'I(IIlIIl'ily
\\1 nfl'o\"I"
I'
'1'1 h'I" III "", '\llIpl"I """. ",,'"'lfil' 1111 lI"porllllll

II,', ml\I II'

,,"

,)ITic , II 1111.1 111:"""i"1!

,111\\111111,

II c'l! (11'111111'11 c'!!IIIt!

c 14 ,II
""1
1
,1111

"I,
,

C'f

1'1111 ill
~CI\ ,II1I1II'Ot ufl'1

1 he' ~1I11111t{lIl1h;l\;Ill

'IIIIK Itl. cl hvth

(11II11I"ltlllllitl.

1)1'1(1111
ol'j{ov

I "k"14

JIll rt III

HAPT R '"

It W "

ADMINISTRATIVE AGENCI S

)I'U.: IN Till" (..


, (I"

In

"lInll

I'ow,

IIf

h) th., II

l"lICU

tI,'

r 1,1 ,,11111111 1r

"nel,

~I(JIIL "~I(h, 1'''\\'''

It"tllllntul'V lin WI

11

'x'

,,1I11rI

..

1'11"'11111101111",1111"

"

411'

"

41181"

I II NIIIIIIII\','

JIlIIa,

urvo "1:1' "' " "

Ihl

Itlj{ntlllllll

(lIIW'"

I','WN

tulhl
klllit til 1'11\\1'1 'x"" I "tI ", ,h" , II by nd 111111111
II'''Uv, nM{l1I II II rlhlt",
til Ihl 1',,,"1'1118 ,el! II ..d til
t hClIII

HI
It
lli\t;ulrd

MIIII Iflllni

til

1'''\\1',

I'...lillllnn

1'\1

1"1""l

11111
{II 111\1' It.Ilton

(10\\'

:l

Wh"t"
th .. ''''purl 111((' III 11111111 111101111\1.: t igntory
IIlId r,"I\,tlolllllr "dllllni II It 1\" "gcne If ?

..

4''''111 I",

WhRt

1,,\1,1\ or rul, making

'p.'C'ln",lIv,

IIa~nC'vwhcm

it e

a 1 li:IIRbl"'R
8 ')

Summar)

11.1 "'Xllmmllll(

tI"

('r'l

pcwers

IIIC' power of
,. 'III I I

pUWe'rll
poWe'n
pOWe'rK

Illllpe'n,ini powers

plJwl'rs

011 (ldlllllllst,'utiv(!
le's, lutivr powur?

POWERS OF ADMINISTRATIVE AGENCIES

23

DISCUSSION
1.

CLASSIFICATION OF POWERS OF ADMINISTRATIVE


AG~~NCIES

TIll' powers of administrative


fllllllWII:

I.

As to the scope

agencies may be classifled

and extent

of the power

as

exercised.

A.

REGULATORY POWER:

(1)

Power to conduct
investigations:
This power,
Including the power to carry out the provisions of
law are essentially executive or administrative
ID
nature. However. when it involves the exercise of
judgment. and discretion. it becomes an adjudicatory power.

(2)

Quasi-legislative
Power: This refers to the authority delegated by the law-making
body to the
administrative
body to make rules and regulations
which are within the limits of the powers granted
to it. provided:
a.

That said rules and regulation"


are eonsistent with the Constitution
or a statute which
created it.

b.

That said rules and regulation"


may not
amend. alter. or limit the terms of a legislative enactment; and

c.

That said rules and regularions


uniform in operation, reasonable,
and not discriminatory,

should be
not unfair

This power is what is known as the power of


subordinate
legislation.
(3)

Quasi-judicial
Power: This is the power of administrative
agencies to resolve questions of fact
and questions of law involved in a case brought to
their determination
and adjudication.
provided.
that its determination
on question of law is subject to judicial review. The exercise of this power

24

ADMINISTKA'fIV~'

I.AW

is inci dental til Ihl'lr IllUIIl funct iun \\hi,'" iN III


enforce the law nnd to I'lIlnll'" I hui r , xpI'1I1 I V, alII
ties.

U.

As to the kind 01 power cX('rdllc.d or dloNI'" hy IIchnln ill'


tnltive agencie8 relative to tht. prohh'u\H rl.f"IT.'cl tCl 1,1141"'.
This power may either he

A.

DISCRETIONARY

,1tt>lTl'IIIIIIHI'Y

I'()W":U: This

18

III-

till'

IlliIlIHt'l'lIti.
IHlWI"

,,1'1111

mimstrative
agencies to net otliritllly
1111'" ,'Illill I'UBI'I!
referred to them acrorritng III the tiiltllll'S ,,1'1111'11' IIwn
judgment and conscience lind lint cont rolled hy I h .. JlIII",
ment or conscience of others
B.

2.

MINISTERIAL POWER: It I~ a power ("",,'('1"1'" .11 1""


sponse to a duty 88 lI11pnHI'cI bv law nnd u Ii p.... rlll11111111('
does not depend upon t hu discr ..t ion of' t ho 11(111111111-11",,.
tive agency involved or of the "X('('ullvO olfi('t'r 1111'.-1(11111'
ing said power,

DETAILED

DISCUSSION

OF INVESTIGATORY

POWER

I~ the .exercise of its mvesugntory or inqulsitllf'lHI power,


~dmmlstratlVe
agencies have the power to do any or th follow109:
1.

They may conduct an investigution. on Ittl nwn ill.Liu


tive or on the-!.t>quclIlor complaint of a pa rty concerned:

2.

They may conduct oc~r inspection of the plucc, thing,


books. records or documents in qucsuon, to find out if
there is a violation of the law:

3_

They may. if allowed bv law or court order, ropy any


documentary evidence o"fthe person being invest igated;

4.

They may' summon and require the attendance of Wit


nesses, or--.::
the production of '"the evidence neede d in t h e
course of the investigation. This power should. however,
be given by a statute;

5.

They may conduct quasi-judicial


~

6.

They may cite parties or witnesses for contempt.


power should. however, be given by statute,

hearing;
This

POWERS OF ,\D!>HNISTRATT\"E AGEXCiES

25

In the exercise of all the said powers. the administrative agency or official concerned should act within
the limits prescribed by law.
3.

WHAT IS THE IMPORTANCE OF ALL THE SAID IN\'ESTIGATORY POWERS AND FtTh'CTIONS OF ADMINISTRATIVE AGENCIES?

Findings gathered from inquiries and investigations help administrative agencies determine thp;r rprnmmpnnationc tr (;onzress Or the Executive branch.on what they think is the policy or
law tnat IS necessary considering the situation, condition or circumstances that may have been discovered in the course of investigation.
EXAMPLE:
The rising cost of fuel and gasoline have been as they are
always the continuing concern of our government considering their
consequent effects to the people in general and to transport operators and the riding public in particular. From time to time,
the legislative and executive branch of government have to call
all oil companies to relay the usual appeal for restraint in the
increase of prices considering the vehement opposition of all transport operators. cause-oriented organizations, students. employees and the riding public. In the past, the Oil Industry Commission or OIC, was entrusted with the function of regulating the
price of oil and gasoline. On account, however, of the oil deregulation law, the government has practically lost its power to control
the increase in prices of oil and gasoline.
For this reason, Congress has proposed the idea of passing
another law int.ended to minimize the price of oil and gasoline.
This notwithstanding, transport operators, cause-oriented organizations and concerned citizens are urging the government for more
reasonable oil regulations. In effect, committee hearings have to
be conducted with the end in view of finding out a more reasonable regulation of oil and gasoline prices.
Another example are the hearings and investigations being
conducted by the Land Transportation Franchising and Regulatory Board or LTFRB. This happens because of the petition of
transport operators to increase transportation fares which will

AIlMINII4I'lt,\

IIV~ I /l.W

"llIm.h,ly
.. ffert thu rommutillt(
I'lIhhl'
hl'llIlllI'
IIIIV Ilin 1'''"', III
fa"" wHl nc'cfllIJlllfllv touch thl' l"fllIl' 111,1111", V 1111'11"'1110,1 wit"" ,II
thlll lin", I' h(\lI'l{ r"",,hld hv till' 1':",pIIlVI"
II ( ',,"I,.e1I" III 11111ul IIH'
dUll til Vt'l V pour 1111111111'1111
",111
prevalllnllll\ thtl (,llIIntry,

P('(111111l111 I'll IIeI II ill

PhlhpPlntlll

1111

In sum, It II tht' nllllll'I(II,


dlllll, 1111'111111111IlItI, "'(I'If'HI'I~, II If'
bemal lInthtlr(\d hv tilt' tllm'ftlllt 1IIlrllillilll, III lVI' II/lI'(IIII'M III "lIleln
them In muklllM thllir fl'CllmnWIIIIIIIIIIIIII
III I
II'I~ I' 11111VU If tiel I,ll
ecuhH' branch of thl) (JuvClrnnulill

"I'

4.

QUASI.LEGISIATIVE OR IUI ....:.MAKIN(;

I'Ow.,:nH

Whal Sp."iflcally I.'h~ Pouw"((111 A,I",I"iHII'alif/f'


Wh.n II En~I.,.Quo.l.l,"Nilf/(lIiIl.'

I'''"",,~

AI(('fIl',V

It merely "Xt'rrillt'll tllll PIIWl'l' lit' IHIUUI'e Ii1111141 IIIH1111" I lUll wh it'h
nltlan8 that it cnn prumulgnt rlllnll IIlIcI I'C'HIIIIlIill 1111 I "lll1Iet ..d I,ll
carry out the provisiuna of thn luw lind illll1ll'III1'1I1 II'Hllllnl iVI
policy.
In the course of excrelll"'"
agency 18vested with different
1.

sllId [uuct iuu, III' "dmil1l8lml iVII


PIIW(lI'R unci fundlClI'"
til WII:

ENABLING POWERS _ 'l'Iu-v lin' I hlllll' 11IIWf' I t! I hili


enable an ndmillllltrlllivl'
1t~I'III:y t" do III! 111'1which 1111'
law precisely entrust

to it,

EXAMPLE:
a,

The Land Trunllporllltilll1


Ofli('111l1' l:t'() hI I ht' (IIW
entrusted with till' fund ion IIr n'giNtt,,.i ilK 1111 IlHl
tor vehicles includilll( driver's licuns

b.

The Housing and Land URI' HI'gullll",.y HUllnl nl


HLURB 18 the nne ont rusted wi Ih 11111flll1l'1l11l1 01
approving applicntHln

c.

2.

IIf

subdivision

dlVt'lnj)I"II.

The CommiSSion on Higher 1'~du('HlI()II or ('IIJt:1> III


the one entrustl'd with thtl function of iHRIIII,g urcreditation of colleges in tho Phllippincs

SUMMARY POWBRS _ They an' thUIII'


cised by administrative

autho~itieR

pOWf'1'1I

(1)\(11"

to perfor-m ('IIl'H'ivt,

---

upoa penona or things Wlihout the need of


judicia) warrant.

_,....

An order I uf'd b\ the Bureau oflmmlgrauon

b.

The fOftlble evacuation of people for re iding


Wlthin til. &1 6 Itm radius of Ma.. n \ olcano to
... d to.. of lave. and propertIes
~

and
DeponaboD not ~ aUow a Fil-Am player from playI" In lh. PBA on the ground of cltlunshlp

G POWERS - This

the power of an ad D..,..tive apocy to eUDune and Inspect books. papen. Ulcl records to Investigate the activitres of per...
QDder eadt Junscbction
18

The Bureau of Intemal Revenue or BIR can lawfullJ nem'ne the finenn.l statements and books
oL MCIOWlta of persona and companies.

b.

The Bureau of IlIUDlCI'bon and Deponation or


BID can e.emlne the Citizenship papers of an, FilA-. player whoee Citizenship 18 under questron.

Co

Bureau of Labor Standards or SLS can inspect


to determine whether
dae7 comply or not WIth eeeupational health and
....._.u-nIa .. provided for by the Labor Code
oL &be PbilippiDM.
"..

lMaaiDeaa .. tabltshmentl

~
..

POWBIl- Tbia is the power of an adoftic:er to ...... t elEemption from the perDB oL ......
aI duty.

..

.,.. Buruu of Internal Revenue or SIR can exeaap& 80IH business .atabhshments
from eompliaace with some la.s or rules .hich are entrusted
to It tor enforcement.

'1'118 MoY18 and TelevIsion :Re\"Jew Bnd Cia silica.

Board or MTRCB

can grant ~emptlon or reo


las a rule or rules regarchng the sbo~"Jng of a film.

tiOD

IV

AIV

Wb 'I ..tNt Ifuldtill,


.Ud

1.4,,1t ".,
f1f/ r'I

"'.pU' " fir

",dII, "', ,,, , ,f ... t1

, II

It
tand.rd
l...
Ion," .dmlnhlt,.Uy" "Jul ... ""8
DatU Lton .,. ... Hn I.Ii.I.lly" "Jul.1. (" I
p...ut.lv. r.,ul.tl'Jn.
'I'w lUnda of "If.latly. ",ul.tam

an ...

.t

t ,,-,

"I.....
n... ". ",ul.taon

OoD"'-Pnt. ,.,ul.t.lcm
........ 01. v.lld .d",anl.,.Uy. ,.. ul.tlon
Wtll viol. lion ol.n .dmln tr.tlve ,,,,,uJati,,,, glv~
II'IlIIln.' prHfCutfon?
2t

"If:

it,

1\' ,,\

AIIMI 1~l'It "'"

so

I,f ,"",""

11,11\"

Ii' ,II

",tll

\1\'\\

1~ RequlIlltt' fllf \ ill"""


penal 1I1"I('tll'I"l
(a \

t'il"

I~,'I\\

."

"U" t" 1"


I II d
I
a ~) '\lIll''''
"
1t:1) {lIIUlllhll"""
, .. "I" 1 r,t-:lhh ItH'I', ilil "h\\
I \1 U H NI' I II'S'
...,
I \,'\'1'

19 'I't. Illuf
14

1\11111111,1" .. II"," Ir P"I""

('UIllP" h lit

CI

(',st!

III

Rum"",,,t

16

Whlll

"II' 1.1'\1'111111 "

1I:-1 \11

\""

111'h,1

I\llIflll,'

1I1"IIIIIIUIIljll. t \1'1 "",.,1

(111'1111' IlIlIIhllllil

I"""1:!"1 ,.,1 'I'

IlIlil

11\\1

,llIth'II'

1'11"1'"
" II l'(lnlt'ftlm't' ul Mill 1111111' 1\\,11""11'; \~"'\l1 I,
h".
1'1111 'I! I'lllhpl'''"' lh"1 11'1,1"111\'"'' 111t'1\1 \,1111\\1
111111111111.d
I; H N,' III
II
\1'11\ \ I')')'

1\

"I.

hll ~l\ I) 67.a


1\ i))

1\.11" ,

\lIlht,'.
\ t.mhl.r '4 Ul65

CI ,I) ('lIlllflll~

17

Th,. In'nd Ilfra.I

Ul

Whlll

19

Whlll

"
20

'M \~IIIII""

art' thl' 1I111,,"IC1$" of


to adminlstreuv.
Clj;tlHU'

('

III IIII1-I1I11"t'It ",II

('1111\' '"111\111"

C"III'IIII

r \

of

7111'1111

'1'

11,",., 1111''' ,r I,''. I,,,,,, ,.\.\\"I

I"'" t I
\1

'I' \ \:t:, U,

l~1\

."

nut h"'II,

III 1\ II' \

:\\."

I",

.h,

\;

l\

I'

I Il\ I.I~. Jllh ~ I. tiltH


\1111"11 I J 1111
II I II

IIUlllhllnt'lloll

uve

ugt'llt It'll'

PII\\I'IIIIII\I'"

IIIi: Ilw (,\,"

'II"

be conferred h\ tilt' h1illill 11\111' t,l

l'IJ'h\ ''''''1\1
lllltlll\\\

\I

DISCUSSION
1.

INTROOUCTION

In our system of government,


the power to make lews nnd
the power to fix a legislative poIi<') is \C ted in the ]"8;"ll\t\ll"\'O
What the law shall bu and what logislnuve pollC') 1 sought to llt"'
carried into effect cannot be d,'I!'g:ltl'd b) the 1('~lslnt\lr(' '" administrative
ngencics. This is founded on Ihe principle \)f "IP. ration of powers, with It concomitant principle of nou-dek ~ uon
of powers.
The pri nci pic of sepnration of PO\\ era "prohibits the dl')t'i;I\.
tion of legislative power, the vcatlng of judicial offieers with non.
judicial function;:. as well as the inve ung of non ~udlClnl powers."!
Under the principle of non-delegation
of 1)\)\\ers, no dt'pltr!.
mont of government.
\\ hetber Il'glslnth c. evecuuve
or Judlc) I.
can abdicate uut hor-ity or escape respoTlsllllh~) h) cit It'gntlng nn~
of its power to another body. except \\ hen aUlhori't'd h, this ~ 1111stituhon.
Ally attempt to delegate such power I \OId UI d,' Ihl
maxim of P01'ES1'AS J)!-.'LEGA7i\ NON 1)El.EGARI PO / t: ....

2.

BASIS AND PURPOSE OJ<'THE DOC rRINl<~ (,}lo' Sl-;PA


RATION OF POWERS

The basis of the doctrine IS til\' Const It ution Its('lf w hieh "Ilocates powers to each of the snid depnrt ment s of gll\ ern nit' 11I
precisely on account or the principle that "the Phlllppine
IS ,\
democratic and republican State'."
It operates to maintuin thu lcgislntivo powers III tilt' h~I,.III'
tive department,
execut ive powers to the e ecut i\ o depart JlWI\I.
and those which are judicial to character to the judicinry Through
this allocation of powers, the pcrllon:; entrusted
with power III
any of the departments
of government shall not 1lt' permitted III
encroach upon the -power confided to the others hut thllt "lIl'h
shall, by the law of its creation, be limited to tilt.' exercise of tho

'42 Am -Iur., p 230


'Malcolm and Laurel, 179

_I,m: 1
nm~' l'IC' III to 1

pt\\\'t'ril

S.

RA~IS 0.' 1'HI\ }'Rl. ('11'1 ~ lll-'


P()W,,'RS

"1\11> l'rlllt'll,l"
Iklt"~ntn

:\ l

II

Is

xox-u

'1

G.\lll)"I

\. f

btl .. d

I); r " ~

Pou r DdrJ; te-d


ment of the rull'l
th t
nor can tmnst('r the })(l\\er I ,n ,~11\\\" h n~
It \I\\\\h('J"It-.. \ C'\""lll \\h('I'\' the people" h. \ ...
This is, In turn. h. sed nth
pnn :11'1"that th d('h Imt t
\\ hom n l'lO\\. r is dl.'ll'g ted h. s bet n eh ..en ~l"
l~ Ib< 8U'
trust Is rt'PO", d on him and In" d.legat ... fUT1h. r h another th,
p,l\\.'r d.It'gtlh'd 10 him, the third perst n d t'," nr t h.,,' tht' tn"l
llnglllllll~ .it'lt'gllh'd to him Mort'o\. r, the PCl\\er ,it'lt'~h d , mst.ttutes 'lilt ,'1\1\ n rtght but also n dut~ to be' l't"'rilnm.t 1" the
dtltgntt through
the use of his 0\\ n judgmen!
md not thrmlgh
t h.' judgment of nnother.

4.

CAN 1"'~GlSIATl"E POWERSBF n:FLEGA'liF:1).


c PO\\i.'l'S ml\~ hi d,lqi' ted

1t'gtslntl\
1

In

the fo110\\11 ,,n ..,

\\ hen n ut hon!.. d b\ t he Con ..utuuon ..uch n- an the fM'


10\\

'"g cases:

I'nu, 11'1.s, (\'llInH'nta and l;a~~


:-:lIllt'l'7.' Ihllg

Kllooum,

in

C\ ,t lutilmAl LII", I

Thomson. 103 t :- lb... 100 !:S 1 ",i -,

F\Nt Edlll\'Il\ to,


hut-'1\ ,

\\"Cld. 15 !'hll 612


'I'nnoilles.
l"ommt"nUi and Ca
11\ SURn" \"Itmg l\."Oplt" , \ ern 65 Ph

in

<'ans

56.

t uona

La", I First Ed

UI

11:0

'1111': <I liAS 1 1

(1I)

'
1.1,181.1\1'1\'1.

'1'111' Cllngl('88

(b)

2.

I'

H'

""Kld"lIl

"Il)l''''~ JlI'y

'
(SI'CliIlJl :l:II:lI, Alt,id.,

I
'Y ow ~1(l1I1 lnriff JI"WI'IH to l}".
l'I'sHll'l11 (Scl'tilJll ~8(21, Article VI).

('"ngn'a8

P'

Pulit'I'

nu

Iy

III)W('I'8 may IIII 1J (l I"I'all'']


.,

LCgllslntivl'
men ts:

:3.

all

IlIlIy 'y ln w grunt

I>"WI'I'8 til 1I

VI)'

I'IJWP,K

1)()Wt'! h

IIJ

local

gcJVI

I'll-

(11)

"Xlll"'HSly dl:l"gnlc,d by the


Ic'gll:lllli ure to till' locnl law-making IJ'Jdies;

(b)

Emillcnt

L{'gislllll\'c'
Inrgt"
(a)

118 lI'c'lI

Domain,
Jlllwers fIluy he deleguted

I{t'ft"'pndlllll

lilnt 1,giKlnt IVt'


whuln 1lt'llpll'.
(hi

to till' people at

" 1IH'lh"d of' submitt.ing


1I11'II811rl'

un impor-

tl' n di,.,'cl VoL"

IJI

the

Pltlllsl'itc - II device III obtuln 8 direct popular


n mut tur' Ill' poUt icnl Importance .

VIlIt' IIIl

.1.

5.

Ll'gl~lntiv(' powi-rs muy he dp.It'gatl'fllo administrative


bodies (c,j.(, POEA. l:l'FHB, CAB, OWWA, 1301, BMI,
etc)

WHAT IS THE T"~ST TO DEl'EUMINE

WHETHER A
GIVEN POWER HAS BEEN VALIDLY EXERCISED BY A
PARTICULAR
OEPARTMEN1 !
W

FIRST TEST: TIll' first test is to determine

whether or not
the power in quest ion, regardless of its nature, is granted by the
Constitution
to the department
\\ hich seeks to exercise such
power. If it IS granted by the Cunatitution,
the exercise of the
power is sustn invd.

SECOND TEST: If the power sought to be exercised is not


expressly conferred by the Constitution,
can the power sought to
be exercised be reusunuhly inferred from, or is it necessary to the
proper exercise of t he express power granted to the department
seeking to exercise said power. hence, justified under the DOC-

TRINE OF IMPLICATION.

AllMINISTRATIVE

LAW

,h.a' I. 'lte doctrine of implication?


'rhls means that even in the absence of an express

confer_

ment, the exerCl8(' of II given power may be justified or reasonably Inf.,rred from the express power already granted, or that it
mAy he necesllary

granted

to the proper exercise of the express power


to the department seeking to exercise the said power.

EXAMPLE:
1.

Rules of proccdure promulgated by the Electoral Commisaion were challenged because they were allegedly
not (lxpr('lIsly authorized by the 1935 Constitution.
In
Angar ux. Elvctoral Commission, the Supreme COurt
upheld the promulgation of the said rules of procedure
IlI'CIIUllIltllt1y were found out to be necessary to the
proper CXl!rCiKeof the express power of the Electoral
('ommlsslon to hear and decide election contests involv,
IIlg members of the legislature.

2.

The POWerof Congress to conduct legislative investiga,


tion may be implied from the express power of legisla,
tion ThIS power, however. is now subject to the followIng restraints.
(8)

The Icgilllative inquiry must be in aid of legisla.


hon:

(b)

The conduct of the investigation must be strictly


In accordance with the rules of procedure that must
have been published in advance for the informa_
tion and protection of the witnesses;

tc)

The rights of persons appearing in or affected


such Inquiries shall be respected.t

by

THIRD TEST: If the power sought to be exercised is not


,..anted by the Constitution, either expressly or impliedly. can its
exercise be Justified as inherent or incidental? If they are, the
exercise of the saId power may be sustained.

IPrinaple ComlllC!nta and Cues ID ConstItutional Law I. First Edition by


dtin(( An,.ra VI Electoral Commission. 63 Phil. 139.
'Prineapl ... Comments lind C_
ID Constitutional Law I. First Edition by
Suarez. all", B.c:tion 21, Article VI. 1987 Constitution .
8uaru.

'I'III~ <lIIAHI

I.I'lC;IHI.A'I'IVI';

un

l'OWl'll<

... 1<::-;'1': ASlIlIl11i "H I hili I hI' POW"I or 1111' lid IWIIUhl.
to lit' Jlt'l'lill'l1wd ill P'pll.tlNly
Ill' illlplll,dly
'~l'Ill1t"d
hy 1111' <'ClIIIII
tul ron, or I hili il iN just ilic'd 114 111111'1'1,"1, IIH' f!)url II is wllIIl h"1 ell
not t he UI'I III' IlClW"" '" ''''1',,111'11 hllll hl'I'1l 111'1 1111 IIII'd III IIl'c'ol'd
IHlI'C' with Ihc l'uh'!lll1icl
dOWII bv till' ('I)IIMIIIUIIllIl
A ~oCld ,')111111
ple IS tho 1'Il111pIIIIIH'!' I'I'Cflllll'd
by !-il,d 11111 21, Art icl VI III I h,'
,19A7 ('onRlllullllll,
wlnch Pl'UVltll'tI 111111 t lu- powr-rt C'ullcl"C'I I"K
islntiv invt'lIllglllllln,
1I111l11lwh unplu-d 1'1'0111 l lu: pnw"1 "I 1111(111
lut ion, ill nnw IlIlh.lI'('1 ICI IIII' IOllllwlllj.( n'lIll'lIilllli
"'UUR't'li

(II)

'1'111'

(h)

TIll' eundur]. III IIIVt'lIt Il(lIt lull mus], he Mtl'II'tly in ,It'c'urd


IUll'C' wit h I ht' 1'1111'11 01 proced II I', Llln!. 1ll1I1I!. 11IIv!' h(11II1
puhhslu]
III IIdvIIIII'1'
fur t h infurrunt.run
IIlId P I'll t('('
I inn III' I Ill' WIlII(lIlIl(III;

(r )

'Pill'

It'gIIlIIlIIVt'

'1'11('other

ment to

tiona, till'

8.

t'(lUI'IR

in, nf'fll('Ltlcl

hy

11(1(:11

in-

ahull be' "tlllt)(I('Ll'CI,'I

cxiuu pll'

1\ IW1'IIun

IIl11l1t hr- III nid of II'gi"IIIIIIIII,

IH'I'IIClTIII IIppt'lIrilll{

righl,1I1l1'

quurea,

IIHlllIl'y

j II

w IlIIn tbo 1'I'(llllclc'n t {IXL('ndH 1111npplli n I

who doc'lI
mny

nut

('Xl'I'l'llIt'

P()HHlllIlI Ih P"Ollt'l'ilwd
itM power ttl intnrvcn.

LEGISI.A'I'IV;
r-ow ..~n AS J)IS'fINGUISIII~f)
QUASI-L~GISl..A'rlVl'; POWf<;n.

qunlificu

FROM

LEGISLA7'IVJ.: POWER
It ill tilt' power til mnke InwII Hod the power to fix U IOg18111tive policy, Thill cun not he dl'lt'~nled by the legisluture to udministrative ugcucies.
QUASI.LEGISI...A

th(' power of subordinate lcgtslat ionc>


It is the power of administrative
Ilgl'ncics to issue administrative
rules and regulations in order .to ~,!!plcment the law and the leg
islative policy fixed by the legislature,
This

'lblC/,

ill also known

TIVE J>OWER
!H!

ae
7.

ADMINISTItATIV~'

I.. vw

WHAT II.~THEGUmELIN";l'O ()US";RV1<~


IN ()nnl~u TO
EN8URETHATTHERE ISA VAl.II) ANn l.AWFUL lll;{EGATION OF POWER?

should lay down (I) a pilI,,'.". IIl1d (2) II cit'/inite standard by which the ~xl.'cllti"t' OI'luhllinistratl\ t' tlllH't'f til'
board may Ill' I(uided in the t'xt'rri"" of his ,hlll'n'lltlll.ll'~
lIutlwr'"
ity. lf thi ill Ilhtl"rvt'd, then' is no th.It'l{lItlllllllfll'gu~llItl\'t p'I"I'J'.~
If, 1111 tilt! other hund, the stutut o f\ll'ni~Ilt'~ nu ~tnlHlllnllll\ll t hu
"flit'" or hoard iK Krnlllt'd unclIlltrnlt,'d Ill' unliuutvtl dlllln'lllllI.
The 1t'l(iRlnture

is an uncollMtiluliol1nl

such u atututr-

I.

dt.I"Mlllitlll of' Ptl\\I'I',

POLICY - Th del,'rlllil1l1lHlI1
of II'tri~lnti\"t'
pllhQ is
vested in till' Il'Ki81111111'1' lind Ihis 1'111\11111
ht' til,h'l-!lIlt,d
til the IIdminislrativt'
1I!o:"IWi,'s, 11 mus! lw dt'(nl~ divclnrud in till' languag of 11\(1 Ktntult' nnd ~lltllllllllllt
lit'
I"ft til lIw diHl'rcliul1 Ill' 11\(1 NUll!ndlllllllHll'nl1\ t' II~t'llCit'M.

:l,

STANnARD - Thu stut ut" must pronounco II tltlimltl


stundn rd which wilt gil "It I ht' ndminist mil V(' HJoI"nry
cUlln'rlwd
A stnndard (It'flllt's lilt' ptllin Ihlt! h~ 11ll'
II'KIMlntun' lind marks iltllimilll
Why ahould
till'

H.

KllI

II th,rlllltt'

st nndnrd Ill' luitl tlown ill

t lIll"

CI..AHS.Jo'ICATION
TIONA

OF ADMINISTItA'rIVfo~

R.~(all.J\-

All lid III i 11illtrn II Vt' "KI'Il('y mlly l'lllwr hi' In \'01 H.d III IIII' III~~
of lid opting rult'N lind r"gulnlionK
inl"nth,1I It I ('111'1') out I Ill' pruv:
MiollR nf II Inw IIl1d til implement It'l(illlllllv('
PUIH'Y.Ul III tht' IIIHk
of jntl~rprltinl( till' 1I1111ul.,' IWII\~ IIlinllnilltt'l'l'tl
'I'hl' rules t1lt'y udopt ttl imph'llIt'nl

till' law 1I11t111,,':lllltl polin

ure called legi.latiye rule. or rllgulutipDa,


The

rules

nn81111(

called ipterpretatiye

from t huir intvrprutut

regulatiop',

iun ul t lu- 1.lw nil'

THE Ql ASI I FoOISI TI\ F: 1'( \\ I It

8'1

DISTIN(,TION
U"~I'W..a-~ l.}o~t;a~I.AI'I\ l'~ HIt'(aJLA'I'lONH
AND INTERPRF'l'A'I'l\'J..: R";t:UI.,\'I'lON:-\
LEGISl.A rtvi:
REGUI
'l'1(')N~
1. What

II II-:Ul'IU,'1 II\'I~
HE run ..\ noxs
I'IH'

employ I'd III PIUIII


11\114regulutlou
IS
nOI l he d iscrt non to deterIS

ulgnling

mint' \\ hnt the 1\\\ shull be,


as this j,. ,'XC')UIiI\ elv \ ested
In the legislnture, hut Iht
dlscretllll\ 01\ how rho lnw

II"

"'1181111111'

1111111141
IIII"I'tI

III

1""1111 IlI'i 1"11

til 1\

l!llllle

\ "Id

Ift-h,, con t ruo t hr


corrt cth If nut,

~Illd II",

II til

I ,hilt,
I ht"

rev

11'('

ulljl\l

tojudleinl

It'\\

shall be t'nfllrll,tI

9.

TWO KINn~ UP I.Etast

..~nVI-; It I' tan ..\ l'ION:s

Th 1\'0,21
kinds of lC'glt'lnhH ..C'culnllllil
Ir, (I) SUJlpl1
mentary rt'gulnlllln;
and (2) l onrlngon! regulntion
1.

R"llulllt iI''' -It

Suppltnwntnry

111'1'11'1111'111

"lit It

h~ tilling In (Ill' tI,'I,,"1I t.1 11\1' 1,,\\ Iii 1'(111 11111 I h


l'1\fllfn'IlwnI
1.1lilt' hl\\ .1I II\(' 1.'':181111" I' 111,1,,'\ II
,'I

ute

fort h III 1 I", lnw

St'C'llIln lllf,\rtldl':-\11

171:5,dill'll

lilt

thnt tho

1111 11111.).b \ I',,','ll I l\ tl IIIIt I "1'111 'liW,


st ruct , 1'1 III ht'I'\\ISI'
,'hlllll:"
I hI 1111111111111 \ 1,1 1111\
GO\

t'1'1\11I' (;"llI'

I till
11111\

mce, t;uhprtl\ men, 11\\11 II "I}'(I " 1, ,II I"" 1\ hlp, "I IIIh"1
polific II subdlv 1>11<\11 or II' Irlllt' auch 1'1'1 '1""6116
IIIft\
be required, ult'rge unv III h dlvislon tI m I b, n 'lUll' d,
name til" 1I1Ihdl\ ision n III \ ht \ refill"l, ,hnlll'l
thl
",'Ill of gl)\ I rnment
"II hin 111\ 111"1,, 11111)11' I IlIlll "I
\'rt'nlt'li t IWrt'lIntlt'I',~
'I'hl!! "II~<l1l1'"lilllll'dIlR

blnt"

I' 1'11\\

.'1",

III t'n~'I'I,

tarn det III with l't'sl"'I'I


to" IIShlP

1111II II lit II' ,1t'1"ttllllllll'III"M

'lilt' I III III liS I lit' II II IIIl "'I III I ,'I


1"1'''1\ IIhl'j\,IIlIlIlIl'Ipnhlll'lIl1l1ll

38

The Supreme Court susta}oed :he ,:oostitutionality of the said Section 1 of Arucle ~o 1/4S. and ruled
that the delegation was ~slmpb a traos~e~enc: .of certain details with respect to pro\;'nces. mU~CIp~htl~s ~nd
townships, many of them newly cre.ated. which IS JUStified because all of them are subJect to more or less
rigid change both in development ~od center of population, the proper regulation of which may .requlre not
only prompt action but action of sucb detailed character as not to permit the legislati\'e body a!' such to take
it efficiently,"

2.

Contingent Regulation - It is issued on account of


the occurrence of a certain contingency, as determined
by the administ rative agencies. On the basis of the latter's determination, the operation of a law may either
be enforced or suspended. EXAMPLE:

The authoritv of the Governor General to lift the


prohibition again:..t the importation of foreign cattle
upon det('rmination that there was no longer a threat
of contagron cnu ..ed by ruinderpest epidemic, was sustained by the Supreme Court in Cruz us, roungber~.fj
10. ~O~UISITES OF A VALIDAD~ro.'ISTRATI\'E REGUL-\The following requisrtes must be complied with:
CODE:ASAR
A Au~horized (Its promulgation must be authorized bv the
legislature);
.

S Scope ~f au.thority (It must be within the scope of the


authority given by the legislature):

A Accor~ing to prescribe.d procedure (It must be promulgated In accordance with the prescribed procedure):

R Reasonable
i56 PhIl. 234

(It must be reasonable).

1111 III A J LEU! J.ATIVE 1'(JWgJ(

UIHC'UHH,ON OF EAC'H JU.;ClUrSI1'E:

A"lhCl~I~y to .,romu'guh'
an udminj8tra~jve
regu.
1".lu". IIIIB IB gflllltl'd ,itll,r by the charter Itself of a
."I.tlllllll' If" IVI hlllly, nr by the law it ia supposed to en~
III" I """(",
OilY lIml all administrative
regulation
.ItRW'11 IIv 1111' Illlm'"1 t rat ive IIglncy should not be con~
Ifilly I" 111"11(1111 charter or law that creates them, and
I IInl IIII'Y 8hllllill be III conformity with the 8tandard~
1'''' "I "Hd hv luw,
:J.

'I'h, ""thorHy dl.It'gut('d to the administrative


A,,'lO"y concerned should be exercised
properly
And withIn thl' H('Opl'or authority granted to an
Adml"IIItrlltiv,'
"geney, Otherwise, it is ultra vires,
""111"', 1111' I cmovnl flf licen e plates of illegally parked
VIIIII'II8 III II lit JI1dudNI, according' to the Supreme COurt
III 1.014:1,,,
even 10 Preaidential Decree No. 1605 which
unlv Ruthllli1.ld t hn Metro Manda Commission to sus.
pond III' revokn the license of the driver found to have
violnted truffic rules,"
It mUllt be' promulgated
in accordance
with pre
crlbcd procedure, Administrative regulations of gen.
oral upplicntion
does not require previous notice and
heuring I'XI'C'pt where the legislnture Itself requires it
lind mnndntes thnt the same shall First require the as .
certninment
"ffucts elicited from an appropriate inves_
t igntJon.

If there IS no such requirement, the promulgation


of an adminiatrative regulation is within the discretion
of an adminietrurive agency concerned. However. if a
regullltHln 18Issued in order to settle a controversy between specific parties, it IS considered as administra_
tive lIdjudicntlOn which requires notice and hearing.
(3.1) Survey of jurisprudence

on the following issues:

3.1.1 APPROVAL OF PROVISIONAL RATES


OF UTILITIES - It was held that the
defunct

Metropolitan Traffic Command

Public Service Commission

VB

Gomez, 187 SCRA 432,

can

II II J

he

II

"'1\ 1\ n I Mv

tlill

1!lIIIIlVI

r IIIIIM WIUlOul
iug. /I"/I'WII
I ','CI

II Vililld

(lllhll I" II 11111111 III III


I um II r III In nllt

fli
I

1111, 511hJIII

III

ud-

)11 11111111 mil rnnfu, IIlIly with dl'llIIill' rlll"H

'~Ifl In, r fin tI I"

IIIP'
II

ull

u 1 It ALLO"

filillg"

II

INf! A I'HOVfH,ONAL

IN IIII~ I'HI('I'~H 01" PE


111111LI1M
'I III RUJlII'11l1
('IIUI'I HUH
I ,Inlll! II" Vlllhlily III Ih,' IlIlId 111'111," Rr
III
I lion 8 of I'.x. rut lVi' Olll .. 1 Nil 17:.!
illnw Ihl
till! without
III 101 heuriug,
withnut 1111)11111, I 10 [j I1nlll 11"CISilill uftur
lin Ifill'
II" ('ulIl( nuon thnt lhl' 8111111'vioI lie ,1111 I" UII "Willi"
JI',lcrl.12
INc'ltl.AAI~

I I 1I1t .. 1:1t PIlIf.Hf'UIU1N(;

MAXIMUM
fH 11001.
I' EI':S 'I'IIAT
MAY HE
c'IIAUtlJo.1)
II\-'
AI.L
PJlJVA'fE
At 1I001.S
IN 'III": <!OUN','JlY
It'OR
IIII~ Hc"1I001. Y":,\I( HIM7 'I () J9HH I h, HlIl'rlllli I ourt hull! that pi I"" nllli,'p
11111111IlIlliV
IIC 11111I II entinl
[0 the validII v "Ill I 1111111
" /(1'11~1I11: Deplll ununt Or-

.1"
,

Nil :17 WII I 111'11 by DEC'S in tlu- lOX


1 (I I 01 It II' lnuvr
function nnd the 1,p"lInt

of

pfiOI

IIlrlll

III1Lh'

IIId hearing to the affected

III !lot

n qulrcment

of dul' proc-

I I 4 l'Unl.lCA'llnN o .. AD.\1INIS')'ltATIVE
1t1'.<HJI.A'IION - 111I'Y must be published
IIlh'lI jill I P" u is to enforcu or implement
I XI tlliH law I'UI unnt to a valid dclcgution.
I JOWl v, r If a rl ulauon is merely internal
In n uur or merely, an Interpretative
reguInuon It n ed not he published."

na f,,"ndaUOD

III

Beer tall of Education, Culture

,II

All hIWII, Oil till' lither hand, shall take


.. lIi1'I 11111'" Iilh'('11 (I() dnys following tho
1'01111'11'1iun "I' t heir puhl ication in the Offi
1'1111<:m~I'ItI' or ill II newspaper of general
circulu! ion in till' Pllllappinc!l, unless it is
01111 rwis provided 13
J(I'Klllding II law or ndrninistrative
inn with II penul sanction which IS
,IIlhltslll'd III till' Official Gazette. the lif11'1'11duv pr-rrod required for Its effectivity
ill 1'!'l'k(llll'd from t Iw dute of release for circulat ton III suid edruon of the Official Gall'ttl', IIl1t II'lIOl the date or printcd date of
t Ill' ('(It I run or till' Official Guzltte.'s
llgullli

I.

All lltilllillilli rnt in' 1'I'~lIlntlon must be rensonuble: Unn'n>lllllllhlt" m-hit "III)' lind opprvsstve udrninist ratrve
n'~11 lnt IIII1B \ iulnte due process.

..:XAMP
1.

r.K:

Or

Onltlllll\('(' No llCi:J7 till' City of Muniln makes it


UIIIII\\ ful for nnn-Fjfipino
citizens to be employed
Ill' til Iw l'ngll~wd In an) kmd of trade. business
or
Iln'lIplltwll within the City of Manila, without securrng 1111 ('mployment permit from the Mayor of
MUlllln HUI ChiongTsai
Puo Hao sought to enjoin
its (lIlil!'l'(_'nwnt.

Stlid urd,nallce was declared void lind unconst it.ut iunnl- \\'hlll' it is true that the Philippines as
II ~tllll' i!> not obligld to ndmit aliens \\ ithin its
It'rr,!tll'\', once lin alien is ndmitted, he cannot be
dl.pn\,t'~l of lift' \\ u.hout due process of law. This
gUllrllllh'C includes the mC~lns of li\'elihoo~. The
ordillllnce amounts to 3 denial of the baste right of
the people of t he Phifippines
to engage in the
1111'II11S of livelihood,17

, ...,,'" ""'"

'"1,...
I

()nh'r :\,. :.!OO


1:12SeRA ~:.!3

,,1., \ ~ \','nhnnll,

,. "

M!",Clr Vlll"tr"~ \" Hiu ChielO!!: r"", Pao Hac, III>tiC RA 270

I'IIJMINISlltAII\'1

"

II\W

\1II I" 11.11lIlI. II (Ullllllll


IIIIIIVI' lI'gllloll""
wllI~'h
'IIlJlO ilK , Ih'lI tit,) III Ihlll) UO)8 1111111i!lllllllll'lIl
'fIr
II"" I ulllJlhnl1l I wl(h I hI.) 811111",

All

All IHIIllIrl18lIUll\c. 1I'.tuIUII')1I

which

pl'lInlizCH

1'1('( II 0 Ii lung \\ 1111II 11111111hnlllll'clullcll'l'lllIJ


II,

WILl. A VIOI.A1'ION 0'" AN AU(\UNISTHA'1'IV ..: I(I';OUI..ATIUN (av.; IUS.; TO A ('lUMINAl. PIlOS":<;U'J'JON"

Nil, 1I111t'811 IIII' I"" IlIlIk'll 1hi


111'1111" "I"'"IIIt.) I hl'I,'III~

12. In':(~lJlSI'I.~S

)14'111111111111'(

JlllniHhahll'

IIlId

1""'-

WITII " ..:NAL SANCTIONS


luI' IIII' ""llIlit\' ol'udmimst.rut
nfl' till' fllllu~Yill~:

Thlll'l'fIIIlHII"8
II II

\'111111111111

"'Oil VAI.IDITY 0 ..' AUMINlS'I'ltA'fIVJl;

IU':(all.ATI()NS
W

IIIW,lft

iv I'l'gulllliunll

111118

I.

'1'111111\\

2.

1'11(' III'" IIhOliid define or fix the penalty


IIIIIIIIIUII' Hillelrules lind regulutiona;

:1.

l'uhllC(ltlllll

IIIWIt which

olllitIlI'lZI'Slldlllinistrlltiv"IIUlhol'l
111'8 lu 111811,till' 8CIIIII' IIllls1 dl'dal'C 118 punlshuble
till'
\111111111111 of the rule
nnd n'':lIlullllnl! ISSUl'd IInd,'1' IlK
'luthllrJly:

of said rulea lind regulntions

for the viola-

must.be made.

CASES;
PEOPLE

VS. MANCEREN
79 SeRA 450

IU,clro-(i.hinll i. not banned under Republic


At'l Nfl. :1512,hencl', the Secretary of Agricultllre
and "iat urat R,..ourc". have no power to penalize

it.

'"PI!oplc VH, Mancerl'n, 79 SCRA ,150

THE QUASI-LEGISLATIVE

POWER

43

FACTS:
Section 11 of the Fisheries Law prohibits "the use of any
obnoxious or poisonous substance 10 Iishing." The Secretary of
Agriculture and Natural Resources subsequently promulgated
Fisheries Adrnirustrative Order No 84 prohibiting electro-fishing in all Philippine waters. Said order was amended by A O. 841, by instructing the ban against electro-fishing to fresh water
fishes.
The respondents were charged for having violated A 0 841. The complaint alleged that the five accused used an electrocuting device locally known as "sense" to catch fish through electric current. in the waters of Barrio San Pablo. Sta. Cruz The
criminal complaint was dismissed. The dismissal was affirmed
by the CFJ. Hence, this appeal.
ISSUE:
Whether A.O Nos 84 and 841. penalizing electro-fishing,
arc devoid of any legal basis, and hence. invalid?
HELD:
Ye The Secretary of Agriculture and Natural Resources
exceeded its authority in issuing F.A.O Nos. 84 and 84-1 and that
those orders arc not warranted by RA No. 8512. The reason is
that the Fiaheries Law does not expressly prohibit electro-fishing. Since electro-fishing IS not banned under the law, and the
Secretary ill powerless to penalize it. Hence, A.O. Nos. 84 and 841 are devoid of any legal basis.

Had the lawmaking body intended to punish electro-fishtng,


a penal provision to that effect could have been easily embodied
in the Old Fisheries La w,
The lawmaking body cannot delegate to an executive official
the power to declare what acts should constitute a criminal offense.
It can authorize the issuance of regulations and the imposition of
the penalty provided for in the law itself. But a mere administrative regulation is not legally adequate to penalize electro fishing.
Administrative regulations adopted under legislative authority by a particular department must be 10 harmony with the pro-

ADMINISTItATI\

E LAW

nd should be for the sole purpose of carrying


en
1 pro... Ions An administrative agency conn t. mend th
t of Congre s. The rule-making power must. be
ecnfin d to d tail for r gulnting the mode or proceeding to carry
mto err: et th low 8S It has been enacted. The power cannot be
ext nded to amend or expand the statutory requirements or to
embrace matter not covered by the statute, Rule, that "ubvert
the tatute con not be sanctioned.
PEOPLE

VS. QUE PO LAY

51. O.G. 48850

Circular No. 20 of the Central /Jank tchlch. prescribed II penoily for its uiol atlon should be pubIillhf'tI before becoming c(fcd;!'c.
"'ACTS:
Centred Bnnk I sued n circular (Circular No. 20) roqumng
tho l! who hod foreign currency to sellthe same to Central Bnnk.
Que Po 1,0,' Yo.1 accu ed of violating Circular No. 20 but he claimed
th It the aid circulnr has not yet been published in the Official
Guzotto before hl alleged ~iolation of the same and he hould
therefore be ncquiued

IlELD:
1'11('Supremo Court u tamed the defense and held that before the public I bound b,) Its contents. 8 18Yo.regulancn or CIrcUlar must first be published so the people will be officially informed
of the snme, paruculnrly the penaltie for violating thereof.
GIL HAL BUENA vs, SECIU.'TARY OF EDUCATION
110 PHIL. 160. G.R. NO. L.14283
NOVEMBER 21. 1960
Department Order lY,o. 8 issued b.,' the Secretary of Bdueatlon
does not provide a penalt)'
again.' the pupils ,..fusirag to participate in the
Flug Ceremony.

THE QUASI-LEGISLATIVE

POWER

45

FACTS:

Pe"titioners, members of the religious sect "Jehovah's Wit


nesses, challe~ged the constitutionality of Republic Act No 1265,
by virtue of whIch the Secretary of Education issued Department
Order No.8, prescribing compulsory flag ceremony III all schools
as a~ undue deleg.ation of legislative power. Section 1 of the Act
requires all educational institutions to observe daily flag ceremony,
whi~h ~hall be simple and dignified and shall include the playing
or SIDgJngof the Philippine National Anthem. Section 2 thereof
authorizes the Secretary of Education to issue rules and regulations for the proper conduct of the flag ceremony.
HELD:
The requirements constitute an adequate standard to wit,
sim_?)icity and dignity of the flag ceremony and the !iingin~ of the
national anthem - especially when contrasted with other standards heretofore upheld by the courts such as "public interest,"
"public welfare," "interest of law and order," "justice and equity"
and the "substantial merits of the case," or "adequate and efficient instruction." That the legislature did not specify the detail
of the flng ceremony IS no objection to the validity of the statute,
for all that is required of it is the laying down of standard and
policy that will limit the discretion of the regulatory agency. To
require the statute to establish In detail the manner of exercise
of the delegated power would be to destroy the administrative
flexibility that the delegation is intended to achieve.
Without a definite standard, there would be no reasonable
means to ascertain whether or not the administrative agency concerned has acted within the scope of authority as determined by
the legislature. When this happens, the power oflegislation would
eventually be exercised by a branch of the government other than
that in which it is lodged by the Constitution."
13.

TESTS OF A VALID DELEGATION OF POWER

In cases involving the issue of whether or not there was a


valid delegation of power, our courts have to find out the following:
19'1Jgan Electnc Light Co. Inc. vs, Public Service Commission, G R. Xo. L-19850.
January 30. 1964,

, ,.;C'omp/t'l1.' ill itself,

1.

or

Is the law which dl'ltgntc:- Pl)\\t r. 1..., , 'cuted by the


'
I", to l,l t ~l

does
not It set fort h I Ill' po 1,.
dt,lt'g:ltt",' ('O.\fl'LI-; r,,',\"F8~ 7'ES T
-hich nre sufficiently
Does t~e law Ii, staudurd IInnt,.; ""
the dt'lcgnlc must
determinate or d,'tt'rminubll'
to w hie h T'L' S'T)
conform') lSi 'FF/C1E.\'T ST.\SDARJ) J.j ..

2,

14. COMPLETENESS TES1: EXPLAINED


,
1.
'
f
II it ' terlll"; and provi\ Iaw
.
I
must 1'(' complete III itscl In II 1:-;.
' ,
~lons when it leaves the legislature :-0 that notlll~g IS It,ll to th,e
J\ld~nwnl of the ddt-gilt,., Other" 1:-,', the ,;tntutel:'
nn unconstit ut ionnl dt'it"gation of PO\\ ('I:
\\'Iwn is U star ute considered

I"I111pll'h"1

A stut ut o IS comploio when thl' ,;ubject. th~' m.nnJ\l'~, nnd the


uxtunt of its opcrat ion are therein st at cd. It I~ lot' .thls 1'~'HSOn
t hnt tilt' h'gislnturt'
should dl'llrh stut e the leglsltltlvt' policy to
be impit'Tlll'nh'd by thl' delegutc. ,,'ho :-hould impit'lllent the same.
lind the SCOPI' of authoritv to till' dl'lt'gnlt'.tO
U.S. \'S. ANG TANG 80
43 PHIL. 1

The Governor General cannot b...proclamation


delermine u'hal 0('/ hall con.titute a ('rime or
not,

FACTS:
A law was enacted bv the Philippille
Legishit ur in 1919
which authorized
the GO\'t'~nor Gl'nt'ral to issue and promulgate
temporary
rules and emergency nlt'nsur~s to implement
the purpose of the said la w, also known as Art 2868. The Governor General issued a proclamation
fixing the price of rice and penalizing
the violation thereof. The purpose of the law is to regulate the
sale and distribution
of palay, rice and corn. particularly
the monopoly. hoarding of, and spcculat ion of said commodities,

..u S

"M

Ang Tang Ho, 43 PhIl 1

THE QUASI LEGISLATIVE POWER

47

The defendant who w


.
.ce at a pri
hi h
as prosecuted and convicted for selltng
nealed to t~IC~ Ig er than that fixed 10 the proclamation, app id
I e upreme Court and questioned the validity of the
sal proc arnatinr, which
di
.
.
'.
' accor mg to him, was Issued pursuant.
to an unconstItutlOnal delegatl'o no f powers.

ISSUE:
Is the contention of the accused tenable and is the questioned
law complete as a legislation?

HELD:
The law is not complete as a legislation, and consequently,
there IS an unconstitutional
delegation of powers for the follow109 reasons:

15.

1.

The legislat.ure said that the proclamation may be issued for cause and leaves the question of what is any
cause to the discretion of the Governor General;

2.

The legislature did not define what is an extraordinary


increase in the price of palay, rice or other cereal. H
was left to the discretion of the Governor General;

3.

The law did not also specify or define what. such temporary rules or emergency measures are, or how long such
rules or emergency measures shall remain in force and
effect, or when they shall take effect. All these were also
left to the judgment and discretion of the Governor General;

4.

The Governor General cannot. by proclamation


mine what act shall constitut.e a crime or not.

SUFFICIENT

deter-

STANDARD TEST, EXPLAINED

A sufficient standard not. only defines the policy fixed by the


legislature but also marks its limits by specifying the extent of
the authority of the delegate as well as the conditions under which
the said policy should be implemented.
Without the said standard, "there would be no means to determine, with reasonable certainty, whether the delegate has acted
within or beyond the scope of his authority. When this happens,

AllM1:-; ISTRATIVE loA\\'

lh~ PO'A' r of Icgu!lallon 'AIII e\ientually be exercised by a branch


of gO\ rnment other than that m which It IS lodged by the Consti-

tution
18. " ... AT ARE TH,,: STANDARDS RECOG~l.ZED I~ THIS
R .. oc nTIO~"7
A d. id d 10 old and new ens
the following standards have
be n ree m db.} our Supr me Court a valid and sufficient, to
'A1t

Ju uce,

public

qUit)

In tll

Public wp.l~ re

Public ant r

I;

Sun placH),

lilt re t

nv

OJ

nee

nd welfare

nd ord r

rJw

l..

conomj

nd cffici Dey

N ..:'" C'ASio:S

Fair and quuabl

Nation

I ant r

emplovm nt pr cue
t

ad ub Id m tte
price

t nd rrdi

Troffic afet

u n

nd re

n f medi

1 edue uon

TH

co

"'ENF

Q AS) U:Ot

LATI\

PO\\R

1AJUTIM ..: I 'NINe; AGI-:NCrt;S,


I. \~. PIli I.II'PI 'I-~OVl-:no..J.,:AS
l)~lIN.~l Ii '.'ION. ET AI
'0.11471.1.
APIlIl. 21, 19U5
110 sc IJ 67.

..: OF

:fiT
lPl ..0l

'
'
1
\'
'
.
'
o.u.

'''If

7'h" chClIl,ItNed rt .,,/111;,,11


I memorun dum
circular, " h;('h mf'rrh' furlht'r amended th IIr,.,,;,

,'0.

ou. M""ION.ndum Circular


Q2 'rictly conform
to Iht' u/Tif'lCllt anit I (.lid .'alld"rcl.
"r "[air IIn(1
f'quJtoblo I'ml,I,., ml nt fJrClf't;cr.I" ..~.rrihftl"in f;.O,
o '197.

FAr.TS:
Phlhppm('
Over en ":naploymcnt
Administration
u don 14 J nuary 1994 GO\Crlllng Board Resolution
01 mer
10
nd odJu tang the rate of cornpensauon
Dnd
th r ben fit an I) rt II, Section C. paragrnph 1; Section I., paraIraph
1 and 2, nd Appendix I.A ofthc I'OI-;A Standard Employ
m nt (' ntract
for
farers The odJulILmcnts were made offect v 20 March 1994
Admllll tr tor" t: hCI imo Jo on issued Memorandum Clrcu,
lar N 05 on JtlllU81') 19, J994. mformlng all Fillpino senfarers.
manning agen I
shipowners, manegcrs and principals hiring
Ylhp n Mafar<'I'B, about aid Governing Hoard ResoTiltlon No.

01
Petitioner
filed the present petiuon urging the Court to
annul J(e80lutlon No 0 I, series of 1994 of the Governing Board of
the Phtlippine Over a ":mployment Administration
(P< )I-:A) and
POEA Memorandum
CIrcular No 05. serres of 1994. on the
l"Ound. that
1

The POEA doc not have the power and authorlt,) to fix
and promulgate
rate affccung death and Yo orkmen's
cornpen ntion of FIlipino eamen working III ocean-gomg ve scls: only Congre s cnn
Even granting

that the POEA has that. power, It, neverfor Its exercise.

theless, VIolated the standards

t\1l~tJNISTH.\TI\,E la\\\'

TIll' n'toolulion and t he memorandum circular are not


valid ads of the Governing Board because the private
sector fl'pr('';l'l\tatl\'ll mandated by law has not been
appointed h~ the President since the creation of the
POEA.

ISS(rE:
Does till' POEA have the power and uuthority to fix and prom,,1'-:1\1('rates affecting death and workmen's compensation
of Filipino seamen \\ orking 10 ocean-going vessels? Granting that the
POJ.:A has that power, did it violate the standard for Its exercise?

HELD:
The constitutionul challenge of the rule-making power of the
POEA based on impermissible dvlegation oflegislntive power had
been, as correctly contended by the public respondents. brushed
aside by this Court III Eastern Shipping LweI', Inc. us, POEA (166
SCRA 533). The petitioner in that case assailed tilt' constitutlonalit v of Memorandum Circular No. 02 of the POE A (effective 1
Februan' 1984) which prescribed a standard contract to be adopted
by both foreign and domestic shipping companies in the hiring of
Filipino seamen for overseas employment. The challenged resolution And memorandum circular here merely further amended
Memorandum Circular No. 02, which was earlier amended in 1989
per Memorandum Circular No. 41. series of 1989,
The POEA mandate referred to as providing the reasonable
standard for the exercise of the POEA's rule-making authority is
found in the statement of powers and funct ions of the said office
in paragraph (1). Section 4 of E,O. No. 797. to wit:
1.

The Administration shall formulate and undertake in


coordination where necessary with the appropriate entities concerned. a systematic program for promoting
and monitoring the overseas employment of Filipino
workers taking into consideration domestic manpower
requirements. and to protect their rights to fair and equitable employment practices. It shall have original and
exclusive jurisdiction over all cases. including money
claims. involving employer-emploYl'e relations snsing
out of or by virtue of any law or contract involving Filipino workers for overseas employment. including Sl'S-

Til": qUAS).LF.GISI.AT)VF; ('OWER

51

men. This adjudicatory function shall be undertaken in


appropr-iate circumatancca in consultation
with the
Construction Industry Authorit.y of the Philippines. The
governing Board of Administration, as hereunder provided. shall promulgate the necessary rules and regulatron to govern the exercise of the adjudicatory functions of the Administration
.

While the making of laws is a non-delegable power that perLa.1 ns excl usiveJy to Congress, nevertheless. the latter may conStJ~utionally delegate the authority to promulgate rules and regul~l1ons to implement a given legil'lation and effectuate its polieros for the reason that the legislature finds it impracticable. if
not impossible. to anticipate situations that may be met in carryIng the law into effect. All that is required is that the regulation
should be germane to the objects and purposes of the law; that
the regulation be not In contradiction to but in conformity with
the standards prescribed by the law.
The challenged resolution and memorandum circular. which
merely further amended the previous Memorandum Circular No.
02. strictly conform to the sufficient and valid standards of "fair
and equitable employment practices prescribed in EO No. 797.
The last Issue concerns the contention that without the appointment by the President. of the third member of the governing
board. the POEA cannot legally function and exercise its powers.
ThiS contention merits scant consideration Section 4 of E.O. No.
797 indubitablv declares the immediate creation of the POEA.
Thus. upon theeffectivity ofE.O. :-;0. 797. the POEA attained its
juridical personality, The appointment of the third member "who
shall be well-versed in the field of overseas employment." provided for in paragraph (b) of the said Section, was not meant to
be a sine qua nOll to the birth of POE A, much less to the validity
of the acts of the Board. As a matter of fact. in the same paragraph. the President I~ given the "discretion [to] deSignate a
Deputy Administrator as the third member of the Board."
PELAEZ VS. AUDITOR GENERAL
G.R. No. L-23825, DECEMBER 24, 1965
Section 68 of the Revised Administrative Code
is not complete in itself as it does not state the
policy to be executed by the delegate, and neither

ADMIl\ISTRATI\'E

52

I.AW

doe it fix a .,andard, the limits of which are Bufficiently determinate or determinable to which the
delegate must conform. The authority to create municipalities is one which is essentially legislative
in character.
FACTS:
Former President Diosdado Macapagal issued Executive
Orders under Section 68 of the Revised Administrauve Code, to
create thirty-three (33) municipalities. Former Vice President
Emmanuel Pelaez contends that Section 68. as aforementioned,
is an undue delegation of power and said executive orders are
therefore null and void.
ISSUE:
Is Section 68 of the Revised Administrative Code an undue
delegation of power? Can the President of the Philippines issue
an executive order under Section 68 of the Revised Administrative Code and create a municipality?
HELD:
Section 68 of the Revised Administrative Code is not complete in itself as it does not state the policy to be executed by the
delegate, and neither does it fix a standard, the limits of which
are sufficiently determinate or determinable to which the delegate
must conform.
It is true that the last clause of the said Section provides

that the President "x x x may change the seat ofgovernment within
any subdivision to such place therein as the public welfare may
require," but the phrase "as the public welfare may require" qualifies, not the clauses preceding the ones just quoted, but only the
place to which the seat of the government may be transferred.
It is true that "public welfare" and "public interest" are sufficient standards of a valid delegation of powers, but said cases
involved grant to administrative officers of powers related to the
exercise of their administrative functions which is different from
the nature of the powers referred to in Section 68.

The authority to create municipalities is one which is essentially legislative in character.

1'Ho:QUASI. LEGISLATIVE

POWER

53

NOTE: Under Article VI, Section 24 of the 1987 Constitulion, all "x x x bills oflocal application" shall originate exclusively
in the House of Representatives,
but the Senate may propose or
concur with amendments. Section 24 provides as follows:
"All appropriat LOll,revenue, or tariff bills, authorizing LncrcafiCof the public debt, bills of local application, and priuate bills shall ortgtnate exclusively Ln the
House of Representatives, but the Senate may propose
or concur untk amendments ."
The ruling in Pelaez VB. Auditor General that the authority
to create municipal corporations are essentially legislative in character still applies.
PEOPLE VS. VERA
65 PHIL. 56
The prohibition of law does not lay down any
rule or standard to guide the provincial boards in
the exercise of their discretionary power. What ie
granted to them is a "roving commi ion n which
enables the provincial boards to exercise arbitrary
discretion, which thereby amounts to virtual surrender of legislative power.
FACTS:
In Criminal Case No 42649 entitled People of the Philippines vs. Mariano Cu Unjieng, the latter applied for probation
under Art. 4221. However, a petition for certiorari and prohibition was filed by the petitioner in the Supreme Court to prohibit
the CFI of Manila from taking further acnon on the said application on the ground that said Art. 4221. also known as the Probation Act is unconstitutional
being an undue delegation of legislative power.
Section 11 of the said Probation Act, which was challenged,
reads as follows: "This Act apply only in those provinces in which
the respective provincial boards have provided for the salary of a
probation officer at the rates not lower that those provided for

ADMINISTRATIVE

64

LAW

provincial fiscals. Said probation officers shall be appointed


the Secretary of Justice and shall be subject to the discretion
the Probation Office.

by
of

ISSUE:
ls the . aid Probation Act un con. titutional
ill an undue delegation of officer?

on ground

that it

HELD:
The effectivity of the Probation Act i:- dependent on whether
or not the Provincial Board makes the appropriation.
In effect,
the Provincial Hoards shell exercise the power to determine when
the said Act shull takl' effect in their respective provinces. And
yet, the law docs not lay down any rule or standard to gUide the
provi ncial bourds ill tho exercise oflhcir discretiona ry power. What
is grunlld to them is a "roving commission" which enables the
provincial hoards to exercit ('urbltrary
discretion, which thereby
nrnountrng to \ irtunl surrender of legislative power.
In Colalang us. Wtllwm.q, the requirements
of public convenience and welfare were considered as definite standards. hence,
there WIlR no undue delegaticn of power,
CALALANG VS. WILLIAMS
70 PHIL. 726

P('tilioner's C'onlen/ion that the order of the


DPWH N'/larding the closure of certain portions
of Rizal A"l'nul' and Rosarie StN'l'I, Manila iii uneontttiluliono/, i. not correet, The Director of Publie Work. ml'N'ly a.eertained the faC't. and circumstance upon u'hich the oppliC'ation of the low is
pn>dieatl'd.
FACTS:
Upon tilt' recommendat inn of the National Traffic CommisIlion and approval of the Secretary of Public Works and Communications. the Director of Public Works ordered the closure of certain portions of Rizal Avenue and Rosario Street. Manila. The

THE QUASI Ll!:GJSJ.A'J'JV~; I'()WI';I{

611

order issued by the Director of Pubhc Works WUf! quesuoned


by
the petitioner claiming that the Harne is unconstttutional
and that
the same was issued pursuant
to an undue delegation of power.

HELD:
The Director of Public WorkH did not determine
what the
law shall be. He merely aaccrtained
the fncts and circumatnnces
upon which the application of tho low ill predicated.
Definite standards
arc provided an the law which lays down
the requirements
of public convoruencc and anterest all a guide in
the promulgation
of rules and regulntions,

17. THE TREND OF CASES


Tho power of subordinate
It'giHlnLion ftl'ises from the com
plexitios of modern governance and administration.
Tho lcgiale
tive and the executive branches of tho government alone cannot
at.tend to the minute and details of administrauon
of all bureaus.
offices, commissions,
boards and committecs.

It can be safely said that the said offices play an important


role in serving the needs of the people III all sectors of society.
More so that their decisions as well as the rules they promulgate
have been sustained by the Supreme Court and the standards set
forth in the law have likewise been affirmed as valid. thus

1.

The certification of a labor dispute to the National Labor


Relations Commission for compulsory arbitration,
was
uphold in Free Telephone' Workers Union us. Minister of

Labor and Employment.


2.

The power of expert commissions to fix wages under


strict standards
set by the legislature
was recognized
in Employers Confederation us. National Wages and

Productivity
3.

a7

Commission."

The authority of the POEA to fix and promulgate rates


affecting death and workmen's compensation of Filipino
seamen working in ocean-going vessels, was sustained

1'I0clober 30, 1981, 108 SCRA 767.


"201 SCRA 759. 766 (1991).

56

AnMl~I~1'N \Tl\ F I..'"

in COllfi.'rem,' of

aJ.
I.

t::,

"(I

II II ill/!

\!!Nlrlr::.

Inc.. ,./

POEA, et at

'fhe standard of t raftlc :,.lh'ty. Ihl'llUgh t h~'


warning

0.

.\tal'ltI1/l1

de

'CI'~" W:1S sllsl:lll\l,t!

in

j~lI~t/ll

11:'1,'
":;

ClI:""I1~;,ly
Fdu,

The standard of "fail' aml,'quitahll'


"1l1plcl\ lIlI'llt jl.'/ll'
tices" was abo su: tnined in Eastorn _"'11111'11,'; /,111,':; 1','1,
POE~\.3t

WHAT ARE TIH; An\'A~~l'A(~ES OF nl<;Ll';<:ATION (IF


Lf;GISLATIY ..: PO\\'EH '1'0 AIlMl:-.lISTHATI\'}<; A(~l;N

CIES?
1.

It decrcnsus thu volume llf \I ork llfllw i,'gis1nlul't', par ..


I.('ulllrl)
its nW111I11'I'':, wh hUH' their Imlll'Utlstil1l1'n
("I'S to :;CI'\'(';

2.

The ndministl'atl\',' ag"l\l'jl':-; which hm I' 1ll1l1'1',.nlt' .ind


expert iso til perform till' work deloguted, un' ""Wdl,d
til act prompt I) nnd ,'Itil-'l'nt I)';

3.

The ndnunistl1l1l\'I'lIg(lll('i.,s will have more t nne to hUlk,


mto detuils of administration
us well ns IIII' IWI'ds III
their o!1ic.,s;

.1.

The ndllltni:-;tr.\ll\'.' :lgl'lll'il':-; hus I Ill' timo nnd muchinery to n'H'an'h, :-1udy and make rcconnucudat inn" nn
how to improve or st rongthen t he law,

19. WHAT IS SUBDELEGATION OF POWr~R on AU'I'HOUlTV?


As the term itsl'lfcl1nnutl's, subdelegntion
means (rnnsmission or authority to subordinates
In actual pracuce. this haP'
pens when tho heads of administrntivo agencies deputize others
to assist them in imploruent ing matters of detail which should.
not, however, be an act or n duty \I hich "ill require an exercise of
discretion, What can he delegated to tho deputies should 1l1l'l'l'I)
be ministerial functions.

"'0 R No 114714. Apnl :!1.1!I95,tlOSCAD674


"Sllpra
"166 SeRA 533, 56S (19~1'1.

THf: QUASI.LEGISLATIVf:

POWI-;R

Can heads of agencies delegate quasi-judicial


merely relying on their appointment Allsuch?

(,7

I)oWI'!'1I

by

No. legislative authority IS necessary to the power of com.


~ission to appoint a general deputy who may exerciso quasi-judicial powers.82 This rule, however does not preclude him frnlll uti.
lizing. as a matter of practical administrative procedure. th aid
of subordinates on matters which will guide him in his IlRSI'8Hment and recommendatlons.83
EXAMPLE:
1.

Labor Arbiters can hold hearings to determine qUI' -trons


of facts. to resolve the case bused on the facts Ihey haw'
gathered and based on the laws undjurisprud(nn which
in therr assessment are applicable. Of COllI"IW. Ihill is
subject to appeal to the COnlmisllion and 10 judiciul r('
view, in case of appeal from the decision (If till' Com
m isaion,

CASE:
BILL MILLER VS. ATANACIO A. MARDO E1' AI .,
G.R. NO. L-15138, JULY :U, 1961
It may be conceded thai Ih(' [e/;fislaturt' mtly
confer on administrative boards or bodies qu anijudicial powers inuoluing the exercise of judgmont
and discretion, as incident to the performance of
odminietratioe functions. But ill so doing, th o ltW'
ielature must state its intention ill clear terms thai
would leave no doubt, as even such quasi-ju dici ai
prerogatives must be limited. if they are 10 be ualid,
only to those incidental to or in connection uiit l:
the performance of adminietratire duties, uihich.
do not amount to conferment ()fjurisdiction over
a matter exclusicely vested in the courts.

1242 Am. Jur., p. 387.


p. 389.

=tu;

ADMINISTRATIVE I.AW

&8

FACTS:
The Government
Survey lind Hl'organizulion
Commission
prepared and submitted Reorgnnizntion Plan N(). 20A.llS authorized by Republic Act No. 997, (IS amended by Republic Act No.
1241. The validity of'aaid reurganizntion
plan was, however. questioned in different courts insofar us it confers jurisdiction
to the
Regional Offices of the Depart ment of Labor created in sard P~an
to decide claims of laborers for \VagI'S, overtime and HcparallOo
pay, etc.

ISSUE:
Arc powers and jurisdiction granted to court ...of Just icc transferred to tho officials to be uppointed or to the offices created by
the said Rcorgunizntion PIan'!
HELD:
The legislature could not hll\ e intended to grant such powers to the Rcorganizntion CommISSIOn. an executive body, as the
legislature muy not and cannot delvgnte its power to legislate or
create courts of justice to any other agoncy of the govl'rnmcnt.
1.

It may he conceded that the legislature may confer on


administrnt ivs boards or hotlies quasi- judicial powers
involving the exercise of Judgment and di~cretion. as
incident to the performance ofadminislrntivo
functions.
But in 110 doing. the legislature must stale Its intention
in clear terms that would leave no doubt. as even such
quasi-judicial prerogatives must be limited. If they are
to be valid. only to thos inci dental to 01' In connection
with the performance of udministrative
duties, which
do not amount to conferment of jurisdiction over a matter exclusively vested in the courts,

2.

NBI (National Bureau of Investigation) agents are authorized to conduct invetitjgations of cases as~igned to
them by the NBI Director. Their findings and recommendations will guide the bureau and the head of the
agency on what will be the course of action to take.

3,

The same is true to the Land 'I'ransportation


Office
(LTO); the Bureau of Immigration
and Deportation

THE QUASI-LEGISLATIVE POWER

59

(BID); the National Telecommunications


Commission
(NTC); the Land Transportation Franchising and Regulatory Board (LTFRB) and other administrative
agencies.

20. CAN QUASI-JUDICIAL POWERS INVOLVING THE EXERCISE OF JUDGMENT AND DISCRETION BE CONFERRED BYTBE LEGISLATURE TO ADMINISTRATIVE

AGENCIES?
.

Yes. But in so doing. the legislature must state its intention


express terms that would leave no doubt. as even such quasijudicial prerogatives must be limited, if they are to be valid, only
to those incidental or in connection with the performance of administrative duties, which do not amount to conferment of jurisdiction over a matter exclusively vested 10 courts.s'
10

"Sill Miller vs, Atanacio A. !\tardo, et 01.,G.R ~o. ..15138, July 31,1961

CHAPTERV

THE QUASI-JUDICIAL POWER

TOPICS IN THIS CHAPTER:


1. Definition of quasi-judicia) power

.. di . 1
is granted to an adminis2. Reason why quasr-ju icia power
trative agency
3. What is the main function of administrative agencies and
the administrative officers in-charge of said boards, bureaus,
and offices?
4. What powers are included in the term "quasi-judicial power?"
A)

Determinative powers
a.1) Enabling powers
a.2) Directing powers

B)

a)

Dispensing powers

b)

Examining powers

Summary powers

5. What is the nature of the proceedings arising from the exercise of said powers?
6. Why do they partake of the nature of judicial proceedings?
7. Are the proceedings
adversarial in nature?

before administrative

agencies

8. When are proceedings adversarial and when are they held


ex-parte?

60

'rUE QUASIJl1UJ(JIAI. I'OWf;R

61

~l. .111 risd ictrun


1\)

Whnt is jurisdiction?
1\0L) Classification

of Juriadicticn

as to its nature

b)

W~'I~Lis t~e Source of authority and jurisdiction


I1\lOlstraLlve boards, bureaus, and offices?

c)

Imp~r~ant points to remember about the jurisdiction


ndnllntstrative
authorthch
c.l)

of adof

Limited jurisdiction

c 2) Without jurisdiction

their acts are void

c.3) Source of jurisdiction


e.d) An agency cannot. enlarge its own jurisdiction
c05) An administrative
tribunal may have jurisdiction
over a case but Its decision may be set aside if it
deprived a party of a full and pair bearing
c06) It may be true that adrmmstratrve boards, bureaus,
and offices are not bound by the technical rules of
evidence and procedure, but it is nevertheless
bound by the cardinal rights to be observed in administrative proceedings
10. Are the orders and the decisions of administrative
bureaus and offices final?
11. When is an administrative

boards,

decision considered res judicata?

12. What is the doctrine of res judicata in administrative


ceedings?
13. Cases:
a)

Roxas vs. Sayee, 200 Phd. 448

b)

RCPI vs. Board of Com municati

c)

Montemayor

ODS,

80 SCRA 471

vs. Araneta University, 77 SCRA 321

pro-

..
DISCUs,."ION
L

OBnNmO

OF QUASI...JUUICIAI.

POWEH

Qu8si-Judloal poVlif'r IS th~ pt)wi'r ofnn ndnllni~( I lit iVI, IIKI'Ilt'y


to bear. deterullnf' and makE'!findlllitl' ,If f~lIt;l.II~\(I to 1'~'~()lvl' tilt'
caae p~nted
to It on the ha 1:0ofthi' snid tinchllgil <l,'
lind
on the baSIS of ItR mh rprelauon
(If t he 111\'" :IIlll JII rlllPl'lIcil.' nrc'
concerning the issues ofth. C'R!'t'. :,uhJ"i'{ ,ml) ttl t!Il' pOW,"1 of til(>
courts to re"ew and seruum e the I'l\In.' IHI qll":;1 lull:; Ilf luw lind

'"dl!

Jurisdiction
J.

REASO
WHY QUASI...JUDIClAI. p()W";R IS (~HAN1''''~D
TO AN ADMINISTRATIVE A(,ENCY

QuasI-judicial power Itl nt't,dt'd 1111 that till' udnu nratrnt.ive


officers In the dlfTt'rent boards, burt'IHltl. and ,lokl'll 1'1\11 perform
their executive duties as wellas their qUlllli'J\Hhcillllluthol'iLy.
For this purpose. the legislature mny ~rllnt to such boards,
bureaus, and offiC'e'.squasi-judicial powers involnng the ('xt'rCIAO
of Judgment and discretion as an inC'ldt'nt to the performance of
admlQ1straU"e functions.
\\"hat lfan~, IS the limitation to the It,._Titllnlun' whenever
grants such quasl'Judldal powers?

it

The legislature must state Its intention in express terms that


would leave no doubt that ttte power and jurisdiction being transferred are not those \(~sted'in the courts but only those powers
and jurisdiction which are incidental ttl or in connection with the
performance of administrativ e duties.
.
The case of M,J/('!r (S. Mardo, et al, I illustrates this limitation to the pow er of the It>gis)ature in granting quasi-judicial power
to adminlstrati"e
agencies.

S"p'Yl.

'I'II~'q

3.

UASl ..JUI>ICJAI. I'OWI-;R

63

WHAT IS THE MAIN


AGENCIES AND
FUNC1'ION OF ADMINISTRATIVE
CIlAROE 01<'SAl~~ ADMINISTRATIVE OFFICERS-IN, .
OARDS, BUREAUS,AND OFFICES?

1 hei r mam ('unct.ion IS to


fur implementalion
Th
~nforce lhe law entrusted to them
.
e exerCise of q
" di , I
1
incidental to theil" mai f
uasi-ju icia power 18 on y
am unction of enforcing the law,

4.

WlIA:JUDITCP[AL0WERS
ARE INCLUDED INTJIE TERM "QUASIPOWER?"
. Thde(~20)lloSwl1lg
POwers are included: (1) Determinative

('rs, an

A)

UmmClry Powers.

Pow-

TWO KINDS OF DETERMINATIVE POWERS:


a. I) }<~nablingPowers _ Powers of administrative
bodies to act, to grant 01' deny applications for Iiccnses 1.0 engage in a particular business or occupntion (I e., power of the Land Transportation Office lo grant. professional or non-professional drrvor's license).
n.2l Directing Powers - Powers of admimstrntive
agencies to see to it that. laws and reguluuons are
duly complied With (I e ,the Housing and Land Use
and Regulatory Board mil) require subdivision developers to submit subdivision plans and other requirornents to sec to it that the "Cherry Hills" incident in Antipolo, Riznl, may not happen again).
Directing

a)

powers are further classified into:

1)ispensing Powers - Authority to grant exemption,


or be relieved, from complying with a law or regulation
(i.e. authority of the Land Transportation
Franchising
and Regulatory Board to relieve school bus operators
from an earlier requirement to paint their school buses
with yellow every beginning of the school year).

b)

Eltamining Powers - This refers to the investigatory


or inquisitorial powers of administrative
includes the following:

agencies which

ADMINISTRATIVE

64

LAW

b.I) Power to conduct inspection of accounts, records,


documents, and other papers relative to its investigation.
b.2) Power to obtain other information which it finds
relevant to a matter being investigated.
b.3) Power to issue subpoena and notices.
bA) Power to swear and interrogate

witnesses.

b.5) Power to inspect premises.


b.6) Power to require
naires.

written

answers

to question-

b.7) Power to require periodic or special reports.


b.8) Power to require the filing of statemcnta.!
B)

SUMMARY POWERS - This refers t.o the power of


administrative agencies to apply compulsion or force
against a person or property without the need of prior
judicial warrant ti.e .. authority of the Bureau of Immigration and Deportation to prohibit certain persons and
animals from leaving the NAIA and to order that. they
be subject first to quarantine regulations and procedures).

G.

WHAT IS THE NATURE OF THE PROCEEDINGS ARISING FROM THE EXERCISE OF SAID POWERS?

They are administrative


proceedings that partake of the
nature of a judicial proceeding. hence. they are described as proceedings of a quasi-judicial character. a

8.

WHY DO THEY PARTAKE OF THE NATURE OF t\UD1CIAL PROCEEDINGS?

They partake of the nature of judicial proceedings because


they involve the task of hearing, taking and evaluating the evidence, and the making of factual findings based on the evidence

742 Am. Jur .. p. 323.


\I~. U.S . 468.

'Morgan

THE QUASI.JUDICIAL

POWER

65

presented. and Issuing the order or decision on the basis of the


said findings and their intcrprelation of the law entrusted to their
enforcement, subject only to the ultimate power of the courts 1.0
review the same on questions of law and jurisdiction.
7.

ARE THE PROCEEDINGS BEFORE ADM1NISTRATIVE


AGENCIES ADVERSARIAL IN NATURE?

Some proceedings
before administrative
agencies
adversarial in nature and some are held ex-parte.
8.

WHEN ARE PROCEEDINGS ADVERSARIALAND


ARE THEY HELD EXPARTE?

are

WHEN

'I'hey are adversarlul when the order 01' decision of an administrativ(' agency IS in favor of one person or party and against.
anot.hel' In such a case. the said order or decision IS issued to
protect. public interest.'
EXAMPLE:
L

Complaint. for unlawful disrmaaal filed by the employees of Philippine Airlines in the National Labor Relations Commission. A decision for or against. the employees 01' for or against Philippine Airlines is adversarial
in nature.
A return to work order that may he issued in the
process of an on-going strike is designed to protect public in tcrest,

An administrative
proceeding may be held 6-parte if there
is an urgent. and compelling reason to take an immediate action
on a matter that is injurious to public interest, health and sanitation, public safety and morals.
EXAMPLE:
1.

An order directing policemen to confine lepers to Culion


Leper Colony to protect the people from being adversely
affected by the contagious disease of leprosy.

'2 Am. Jur. 2d. 143-144.

ADMINiSTRATIVE LAW

2.

9.

.
.
h t staurants operating as fronts
An order dlrectlDg ~ a r~
bling activities be closed
of prostitution and l11ega gam
to protect morals.

JURISDICTION
A) WHAT IS JURISDICTION'
Jurisdiction

IS

the authority to hear and determine

a case;

the right to act in a particular case.


The authority to decide a case and not the decision r~n~er~d
therein is what makes up jurisdiction. Where there ~s,JuflsdlCtion over the person and the subject matter, th~ deCISion ?f ~Il
other questions arising in the case is but an e~e~clse of that juris,
diction. Any error that the Court may commit 10 t~e ,exercise of
its jurisdiction is merely an error of judgmen~, a~d ,It ~s a settled
rule in this jurisdiction that, while errors of JU~lsdlctJon may be
reviewed and corrected by certiorari, errors of Judgment may be
reviewed only by appeal.

CLASSIFICATION OF JURISDICTION AS TO ITS NATURE


GENERAL JURISDICTION: Extends to all controversies
which may be brought before a court within the legal bounds of
rights and remedies.
LIMITED OR SPECIAL JURISDICTION: Jurisdiction
which is confined to particular cases, or which can be exercised
only under the limitations and circumstances prescribed by the
statute.
ORIGINAL JURISDICTION: Jurisdiction conferred upon,
or inherent in a court in the first instance.
Original jurisdiction is the jurisdiction of regional trial
courts, when it is exclusive or concurrent; exclusive jurisdiction
exists when no other court has the power to render a judgment in
a particular case or class of cases; concurrent jurisdiction exists
when anyone of several distinct courts has the power to render a
j~d~ent
in a particular case or class of cases; appe~isdictl0n 18 the power to hear, reverse, affirm or modify a Judgment

'Palma

VB

Q.S., lne., 17 SCRA 97.

THE QUASI-JUDICIAL POWER

67

rende~ed by a~ inferior court, whether a city/municipal trial court


or regional trial court- gen
I' . d .
. h
'
.
,era
jums iction IS t e largest power
any regional trial court can have in that political unit.

APPELLATE

JURISDICTION:

EXCLUSIVE

JURISDICTION:

CRIMINAL

.JURISDICTION:

The power and authority


conferred Upon a superior Court to rehear and determine cases
which have been tried in the lower court, the cognizance which is
a superior Court takes of a case removed to it. by appeal or writ of
e~ror, from the decision of a lower court, or the review by a superior court of the final judgment or order of some lower courts.
Jurisdiction confined to a
particular tribunal or grade of Courts to the exclusion of all others. Concurrent or coordinate jurisdiction is that jurisdiction conferred upon different courts at the same time over the same subject matter and within the same tern tory. and wherein litigants
may in the first instance resort to either COUItindifferently. When
several Courts have concurrent jurisdiction over the subject matter, the court which first acquires jurisdiction shall retain it to
the exclusion of others.
punishment

That which exists for the

of crimes.

CIVIL JURISDICTION:
mination of controversies

TERRITORIAL
nal considered

That which exists for the deterthat are civil in character.

JURISDICTION:

The power of the tribuwith reference to the territor)' within which it is

to be exercised.

This classification. however, is applicable to jurisdiction


civil and criminal cases tried by the regular courts

in

On the other hand. Jurisdiction of administrative


authorities depends entirely upon the provisions of the law that defines
the power they are suppose to exerci~e. The jurisdictio~ referred
to in administrative
cases partains either to the following:

1)

JURISDICTION OVER THE SUBJECT MATTER:


The power of the court to hear and determine cases of
the general class to which the proceedings in question
belong; the power to deal with the ge~er~l subject involved in the acticn.Dtherwise
stated.jurisdiction
over
the subject matter means the nature ?f ~he cause of action and of the relief sought, and this IS conferred by
the sovereign authority which organized the court.

88

ADMINISTRATIVE LAW

2)

JURISDICTION

OVER THE PERSON: The POWer

of the court over the person of.litigant obtained either


by his voluntary appearance in court or by the valid
service of summons or other proper process upon a defendant.

3)

JURISDICTION OVER RES OR PROPERTY: That


obtained by a seizure, actual or constructive under legal process of the court whereby the res or property is
held to abide by such orders as the court may make.

The power of a court to render a valid judgment. Jurisdiction over the person ti.e., "in personam") is the power of a court to
render a valid judgment against a specific person. Jurisdiction
over the subject matter is the power to hear and determine a particular type of action. Jurisdiction over a thing (i.e., ";11 rem") is
the power to determine the rights of persons in regard to neoncrete object or to a status.
B)

WHAT IS THE SOURCE OF AUTHORITY


AND
JURISDICTION
OF ADMINISTRATIVE
BOARDS,
BUREAUS, AND OFFICES I

Said authority and jurisdiction is derived from the Const.i,


tution, or from the statute that created the administrative boards,
bureaus, and offices.
The administrative agencies created under the 1987 Constitution are the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
All other agencies are created by law or by the legislature.
C)

IMPORTANT
POINTS TO REMEMBER ABOUT
THE JURISDICTION
OF ADMINISTRATIVE
AUTHORITIES:

1.

LIMITED JURISDICTION
Administrative
limited jurisdiction.

2.

wrraotrr
VOID

authorities

are tribunals

of

JURISDICTION, THEIR ACTS ARE

69

THE QUASI-JUDICIAL POWER

Jurisdiction is essential to give validity to the


determination of administrative authorities. Without jurisdiction, their acts are void and open to
collateral attack.
3.

SOURCE
Jurisdiction
statutes.

OF JURISDICTION
is conferred by the Constitution

IF JURISDICTION
IS CONFERRED
THE CONSTITUTION:

or by
BY

a)

A statute attempting to enlarge such jurisdict.ion is unconstitutional.

b)

A constitutional amendment relat.ing to


its juriad icticn cannot apply retroacti ve ly.

4.

IF JURISDICTION
STATUTES

IS CONFERRED

BY

a)

Jurisdict.ion depends upon the validity


and the terms of the governing statute.

b)

If the condition precedents fixed by law


are not complied with, they have no jurisdiction.

AN AGENCY CANNOT ENLARGE


JURISDICTION

ITS OWN

An administrative agency cannot enlarge its


own jurisdiction, nor can jurisdiction be conferred
by the parties.
5.

AN ADMINISTRATIVE TRIBUNAL MAY HAVE


JURISDICTION
OVER A CASE BUT ITS DECISION MAY BE SET ASIDE IF IT DEPRIVED
A PARTY OF A FULL AND FAIR HEARING
It may be true then that an administrative
tribunal has jurisdiction over a case presented before it, but if it deprived a party of a full and final
hearing, its decision may be set aside. In this case,
there is a violation of due process.

ADMINISTRATIVE LAW

8.

IT MAY BE TRUE THAT ADMINISTRATIVE


BOARDS, BUREAUS, AND OFFICES ARE
NOT BOUND BYTHE TECHNICAL RULES OF
EVIDENCE AND PROCEDURE, BUT IT IS
NEVERTHELESS
BOUND BY CARDINAL
RIGHTS TO BE OBSERVED IN ADMINISTRA.
TIVE PROCEEDINGS
The seven cardinal rights which have been the
subject of discussion in Constitutional Law II, and
as held in Ang Tibay t-s, CIR,6 are the following-

"69 PIllI. 635.

1.

The right to a hearing, which Includes the


right of the party interested or affected to
present his own case and submit evidence in
support thereof. In the language of Chief Jus.
tice Hughes in Morgan us. U.S .. 304 U.S. 1,
"the liberty and property of the citizen shall
be protected by the rudimentary requirements
of fair play,"

2.

Not only must the party be given an opportu,


nity to present his case and to adduce evidence tending to establish the rights which
he asserts but the tribunal must considee
the evidence presented, The right to ad.
duce evidence. without the corresponding
duty on the part of the board to consider it, is
vain. Such right is conspicuously futile if the
person or persons to whom the evidence is pre.
sented can thrust it aside without notice or
consideration,

3.

The decision mut have something to sup.


port itselr. A decision with absolutely nothing to support is 8 nullity.

4.

The evidence on which the decision is based


must be "substantial." Substantial evidence
is more than a mere scintilla. It means such
relevant evidence as a reasonable mind might

THE QUASIJUDICIAL

POWER

71

accept as adequate to support a conclusion.


Mere uncorroborated hearsay or rumor does
not constitute substantial evidence.
5.

The decision must be rendered on the


evidence presented at the hearing, or at
least contained in the record and disclosed to
the parties affected. Only by confining the administrative tribunal to the evidence disclosed
to the parties, can the latter be protected in
their right to know and meet the case against
them.

6.

The Board or its judges must act on its or


their own independent consideration of
the law and facts of the controversy, and
not simply accept the views of a subordinate
in arriving at a decision.

7.

In all controversial questions, the decision


must be rendered in such a manner that
the parties to the proceeding can know
the various issues involved. and the reasons for the decision rendered. The performance of this duty is inseparable from the authorit.y conferred upon it. 7

In effect, the aforementioned requisites are the requirements


of fair play which are applicable not only in judicial proceedings
but also in administrative proceedings.
10. ARE THE ORDERS AND THE DECISIONS OF ADMINISTRATIVE BOARDS, BUREAUS AND OFFICES FINAL?
The factual findings of said administrative boards, bureaus
and offices are final if they are supported by substantial evidence.
They are, however, appealable on questions of law and jurisdiction.

"Mr. Justice Laurel in Ang Tibay vs, Court of Industrial Relations. 40 O.G., 7th
Sup. 129.

72

ADMl~lSTRATI\"E LAW

11. WHEN IS AN ADMINISTRATIVE DECISION CONSIDERED RES tTUDlCATA?


The Supreme Court ruled that \Ii henever any board, tribunal or person IS b~ law vested with authority to judicially determine a question. such determination. when it has become final, is
as conclusive between the same parties litigating for the same
cause as though the adjudication had been made by a court of
general jurisdiction.
12. WHAT IS THE DOCI'IUNE OF RES JUDICATA IN ADMINISTRATIVE PROCEEDINGS?
The decisions and orders ofadmmistrati\"e agencies, rendered
pursuant to their quasi-judIcial authority. have upon their finality. the force and bmding effect of a final judgment,"

CASES:
ROXAS vs, SAYOC

200 PHIL. 448


A court, wla.tla.r it ujudicial or admi niet ratiee, tlaat lao. acquirftl juri.diction over a case
ntain. it f't'en otter tlaeexpiration of the lou' go:ernin6 tlae cau.
FACTS:

The peritioner claimed that when Republic Act No. 650, also
known as the Import Control Law. expired, the Commbsioner of
Customs also lost junsdiction over the case involving the forfeiture of goods In fa, or of the government The said forfeit.ure was
declared b~ the Collector of Customs on May 19, 1953 and was
affirmed b~ the Commlssioner of Customs on June 16. 1953.

'1.4 SCRA ss ..
"Brillante,. "

CL<;tro. 99 Phil. 49-

THE Qt;ASI-JUDICIAL POWER

73

ISSUE:
Did the Commissioner of Cust.oms retain the jurisdicnon of
the case when Republic Act. No 650 expired on June 16. 1953?

HELD:
The Supreme Court held that once the Commissioner of Cuatoms has acquired jurrsdrctron over the case. the expiratron of
Republic Act No. 650 did not. divest said Commissioner of his jurisdiction duly acquired while said law was 1D force

RCPI VS. BOARD OF COMMUNICATIONS


80 SCRA471
Without jurisdiction, the decisions of administrative authorities are void and ope" to collateral attack.

FACTS:
There were two separate complaints for damages that were
filed against petitioner RepI. one is BC Case No. 75-01-C where
a certain Diego Morales alleged that he failed to receive a telegram sent. by his daughter to him through RCPT on October 15.
1974. informing him about the death of his wife lIe prayed for
damages. Another case is BC' Case No. 75-08-0C where a certain
Pacifico Inocencio alleged that he also failed to receive a telegram
scnt by Lourdes Inocencio to him through RCPI on July 13, 1975.
As a result. he was not allowed to attend the internment of his
father at Moncada. Tarlac He also prayed for damages.
The Board of Communications imposed a disciplinary fine of
P200.00 against RCPI pursuant to Section 21 of Commonwealth
Act No. 146, as amended and held that RCPI's service was inadequate and unsatisfactory. RCPI filed two petitions to review by
certiorari which were consolidated.

ISSUE:
Does the Board of Communications have jurisdiction over
the said claims for damages arising from the failure to receive
telegrams through RCPI's facilities?

74

ADMINISTRATIVE

LAW

HELD:
The Supreme Court held that the co~plaints t~at were filed
do not involve RCPI's failure to comply with Its certificate of public convenience or any order. decision or regulation of the respondent Board of CommunicatIOns.
The claim for damages should be ventilated in the proper
courts and not in the Board of Communications. The only power
of the latter is to fix rates. It could not take to task a radio cO.mpany for any negligence or misfeasance. It was not vested with
such authority.
Hence, the deciaions of the Board of Communi cal ions in both
cases were set aside and nullified for lack of jurisdiction to take
cognizance of both cases.

MONTEMAYOR VS. ARANETA


UNIVERSITY FOUNDATION
77 SCRA321

De/iciencie. in pr()(!edural requirements were


cured when the partie. agreed to .ubmit the case
for compul.ory arbitration; when the petitioner
wa. able to pre.ent hi. et'idence; and the entire
record. of the pr()(!eeding. were elevated to the
NLRC for review.
FACTS:
On two separate OCcasions in 1974. a complaint was filed
against petitioner. a full time professor of Araneta University and
was serving as head of the Department of Humanities and Psychology. The first is a complaint for immorality filed on Apri I 17,
1974. The second is a complaint for conduct unbecoming of a faculty member which was filed on November 8, 1974.
On the first complaint, an investigation was conducted by a
committee created by the President. Petitioner was able to crossexamine the witnesses against him and he filed an affidavit to
explain his defenses. The committee's recommendation was to
demote petitioner's ranking by one degree. This was digested by
the President and later was referred to the Board of Trustees.

THE QUASIJUDICIAL POWER

76

~n the. second complaint, another committee was created.


After mvestlgation, the committee recommended his separation
~om the university the charges against him having been established. Subsequently, his dismissal was ordered on December 10,
197~, ef~ective on November 15, 1974. On December 12, 1974, an
application for clearance to terminate him was filed.
Petitioner filed a complaint for reinstatement in the NLRC
on Novemebr 21, 1974, with a prayer for payment of back salaries and all the benefits payable to him.
The NLRC granted the petition but the University appealed
to the Secretary of Labor. The latter ruled that the dismissal was
justified. Hence, a petition for certiorari was filed in the Supreme
Court on the ground that there was a denial of due process.

ISSUE:
hi petitioner's contention tenable?

HELD:
There was compliance with procedural due process regarding the first complaint but it appears that the bearing of the committee on the second complaint proceeded despite the absence of
petitioner who, in fact filed a motion for postponement of the hearing on November 18 and 19, 1974. This deficiency, however, was
cured because petitioner was able to present his case as well as
his evidence before the NLRC. More than this, the entire record
of the proceedings were elevated to NLRC for review. He was therefore afforded his day in court.
Montemayor's petition for certiorari was dismissed.

CHAPTER VI

IMPORTANT PRINCIPLES IN
ADMINISTRATIVE LAW

TOPICS IN THIS CHAPTER:


1. What arc the important principles in administrative

A)

Doctrine of finality of administrative

B)

Doctrine of exhaustion of administrative

law?

decision
remedies

B.1) Reasons for the doctrine of exhaustion of administrative remedies


B.2) Cases:
2.a.

SunviJIe Timber Products. Inc. vs. Judge


Abad, G.R. No. 85502, February 24, 1992

2.b.

Morcoso vs. CA. G.R. No. 96605, May 8,


1992

2.c.

National Food Authority. et al. vs. CA, et


al . G.R. Nos. 115121-25. February 9,1996,
68 SCAD 246

2.d.

Espiritu vs. Melgar, G.R. No. 100874, February 13. 1992

B.3) Other exceptions to the doctrine of exhaustion


administrative remedies
3.a.

of

Cases:
a.I

Mangubat vs. Osmena et al. 105 Phil


1308
".

76

IMPORTANT PRINCIPLES L~ ADMINISTRATIVE LAW

a.2

77

Maria NatiVIdad Vda. De Tan vs. Veterans Backpay COmmission, 105 Phil.

377

C) Doctrine of prl'mar\_" . di ti
.
J juris
IC Ion or prior resort
C.1)

Case:
La.

C.2)

D)

E)

F)

G)

Industrial Enterprises Inc. vs. CA, G.R. No.


88550, April 18, 1990

DistinCtions between the doctrine of exhaustion


of administrative
remedies and the doctrine of
primary jurisdiction

Doctrine of qualified political agcncy


D.l)

The Prcsident has control of all executive departments, bureaus, and offices

D.2)

Basis of the control of the President

Doctrine of res Judicata in administrative

proceedings

E.1)

Basis of the doctrine

E.2)

Instances when this doctrine is not applicable to


administrative proceedings

Due process in administrative

proceedings

F.l)

Procedural due process as understood


istrative proceedings

F.2)

Explanation

In

adrnin-

of each requisite

Requisites of judicial review


G.l)

Basis for judicial review

G.2)

How can a party appeal from a final award, order or decision of an administrative agency, board,
or tribunal?
2.a. Case:
a.1. Reyes vs. Regional Trial Court, et al.,
G.R. No. 108886, May 5,1995.61 SCAD
44

ADMINISTRATIVE

78

LAW

G.3) The last remedy is within the new definition

of

judicial power
G.4) Significance oftbe additional sentence "and to de.
termine whetber or Dot tb~re has been a grave
abuse of discretion amountIng to lack or excess
of jurisdiction on the part of any branch or in.
strumentality of the government"
4.a. Case:
a.l. Manila Prince Hotel vs. GSIS, Manila
Hotel Corp .. et al., G.R. No. 122156
February 3.1997,78 SCAD 764
'
G.5) Grave abuse of discretion
0.6)

H)

Meaning of "with grave abuse of discretion"

Methods of review of administrative


H.O

Statutory Methods

H.2) Non-statutory
H.3J

Methods

Direct Proceedings

HA) Collateral Attack

action

L\fPORTA."'T PRIXClPLES I~ AD~t1:-;ISTRATI\."E LAW

79

DISCUSSION
1.

WHAT ARE THE IMPORTANT


ISTRATIVE LAW?

PRINCIPLES

IN ADMIN-

Among the many principles discussed in the books of administrative la",:.and oftentimes referred to by the Supreme Court in
cases involving admtnistratlve
law. the following are considered
to be Important. to Wit:

PkINCIPLES
A)
B)
C)
D)
E)
F)
G)
H)

OF MAJOR IltfPORTANCE

Doctrine of finality of adrnimstratrve decisions


Doctrine of exhaustion of administrative remedies
Doctrine of primary jurisdiction
Doctrine of qualified political agency
Doctrine of res judicata ID administrative proceedings
Due process in administrative proceedings
Requisites of judicial review
Methods of review of administrative action

DISCUSSION

OF EACH PRINCIPLE:
A.

DOCTRINE OF FINALITY
OF ADMINISTRATIVE DECISIONS
Administrative action must have been fully completed first
before a decision of an administrative body may be subject to judicial review. Otherwise, It will only cause delay to the disposition of administrative
proceedings.
Is there an instance when the courts can intervene prior to
the completion of an administrative action?
The courts may do so in the following cases:
1.

When the administrative officer assumes to act in violation of the Constitution and other laws;

80

ADMINISTRATIVE LAW

2.

When a questioned order is not reviewable in any other


way, and the complainant will suffer great and obvious
damage if the order is carried out. or when such relief
is expressly allowed by law.

3.

When the questioned order is made in ex~s of POWer


and therefore a deprivation of a right granted by the
atatute.1

8.
DOCTRINE OF EXHAUSTION
OF ADMINISTRATIVE REMEDIES
Where the enabling statute indicates a procedure for administrative review, and provides a system of administrative appeal,
or reconsideration, the courts for reasons of law, comity and convenience, will not entertain a case unless available administrative remedies have been resorted to and the appropriate authorities have been given opportunity to act and correct errol's committed in the administrative forum,"
The doctrine of administrative remedies calls for resort first

to the appropriate administrative authorities in the resolution of


a controversy falling under their jurisdiction before the same may
be elevated to the courts of justice for review,"
WIuII .. 1M re.ull ofllae non-ob.ervonce

of the doctrine?

It results in lack of a cause of action which is one of the


grounds allowed in the Rules of Court for the dismissal of the
complaint. '
I. 1M

defle""",, jurUdicfionoU

It is not jurisdictional. Failure to invoke it operates as a


waiver of the objection as a ground for a motion to dismiss and
12 Am. Jur. 2d, pp. at '26
'I'eotico va. Apda,Jr., G.R. No. 87431, May 29.1991.
'SlUMlle Timber Producta, Inc. va. Judge Abed, G.R. No. 85502. F..bruary 24,
1991.
Ibid.

IMPORTAl~T PRINCIPLES IN AD.MINISTRATIYE LAW

!H

the court may then proceed with the case as if the doctrine had
been observed.s

REASONS FOR THE DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES


.Under the .principle of separation of powers, the judiciary is
enjoined not to lnterfere on matters which are within the competence of the other departments. The theory is that the adrrrinistrative authorities are in a better position to resolve questions
addressed to their particular expertise and that errors committed by subordinates in their resolution may be rectified by their
superiors if given a chance to do SO.6
gXCF.PTIONS rho doctrine of exhaustion of administrative
yields to the following exceptions:

remedies

1.

When the question involved is purely legal, or where


the questioned act is patently illegal, arbitrary or oppressive:?

2.

When there is an urgent need for judicial interventionf'

3.

When the administrative

4.

When the claim involved is small.'?

5.
6.

When irreparable damage will be suffered;"


When there is no other plain, speedy and adequate remedy; 12

7.

When strong public interest is involvedr'" and

8.

When the subject of controversy is a priv~te land."

body is in estoppel:"

"Ibid.
[blll
..
'Kilu~ang Bayan sa Paghhngkod ng ml(ll ~Iagtttinda ng Bagong Pamilihang
Bayan nil Muntinlupa. 1'/ al .... ~ Dominguez, G.R 1'\0. 85439: Bunye, et al. vs.
Sandiganbayan. G.R No. 91927 .. January 13. 1992.
"Aquino vs. Luntok,

184 SCRA 177 .

"Tan vs. Veterans Backpay Cnmmission, 105 Phil. 377.


IOCipriano vs. Marcelino, 43 SCRA 291.
line Lara vs. Plaribel.14 SCRA 269.
"National Development Co. vs. Collector of Customs. ~ SCRA 429.
"Arrow Transportation Corp. \IS. Board of Transportation. 63 SCRA 193.
"Morcoso vs. Court of Appeals. G R :\0. 96605 .May 8. 1992.

ADMINISTRATIVE LAW

82

CASES:
SUNVILLE TIMBER PRODUCTS,
INC. VS JUDGE ABAD
G.R. No. 85502, FEBRUARY 24, 1992
The doctrine of exhaustion of admini~trative
remedies calls for resort first to app~opr,ate administratiue authorities in the resoluhon of a controversy falling under their jurisdictio,: before the
same may be elevated to the courts of Just,ce.
FACTS:
A Timber License Agreement (TLA) was granted to Sun ville
Timber Products, Inc. for a period of ten (10) years-expiring on
September 31,1992, On July 31, 1987, Gilbolingco filed a peution with the DENR praying for the cancellation of the said TLA
on the ground of serious violations of its conditions, and forestry
laws and regulations, The same charges were later made in a com.
plaint for injunction with damages against Sunville,
Sunville moved for the dismissal of the case on the following
grounds: (1) The court had no jurisdiction over the complaint; (2)
The plaintiffs had not yet exhausted administrative remedies; and
(3) The injunction was expressly prohibited by Section 1 of Presidential Decree No, 605,
The said motion to dismiss was denied by the trial judge and
this was sustained by the Court of Appeals on the ground that
administrative remedies need not be exhausted if there is an urgent need for judicial intervention, The Court of Appeals also de.
clared invalid Section 1 of Presidential Decree No. 605 as this is
an encroachment on the judicial power vested in the Supreme
Court and the lower courts by Article VII. Section 1 of the Constitution,

ISSUE:
Does the alleged urgent necessity for J'Udl'cl'al t'
, tif
th
t
'
,
ac Ion JUs I Y
t"
,e cour s ID ervention without giving the DENR the opportunity to rule first on the alleged unlawful logg'
ti iti
f
Sunville?
mg ac IVl res 0

IMPORTANT PRIN

CIPLES IN ADMINISTRATIVE LAW

83

HELD:
No. The charge inv 1
entation of support'
o.ves factual Issues calling for the presfirst by the admi .l~g e~ldence. Such evidence is best evaluated
ized knowledge o~:~ rative authorities employing their specialbefore the Court
e agree~ent and the rules allegedly violated
s may step In to exercise their powers of review.
There is no need t d
tion 1 PD N 60
0 eclare the unconstitutionality
of Sectution~lit
m~~t b 5. T~e rule is that a question of unconstith y
.
e avoided where t.he cases can be decided on
some 0 or availabls,
d T
.
await an th
groun . he resolution of this question must
di
I o. er.case, where all the indispensable requisites of juicia InqUIry Into a constitutIOnal question are satisfactorily estabhshed. In such an event, it will be lime for the Court to make
the hammer fall, and heavily.
MORCOSO VS. COURT OF APPEALS
G.R. NO. 96605, MAY 8, 1992
The doctrine of administrative remedies is not
applicable in this case because the fishpond in
dispute is a private land.

,PACTS:
Tirol claims to be the owner of a 4.5 hectares of land by way
of inheritance from his father in 1930. On December 28, 1979,
she entered into a lease agreement with Morcoso, allowing the
latter without paying rental and for a period of six years, to develop a fishpond in a 5,880 sq. meters of land within the 4.5 hectares of land, with usufructuary rights.
While working on the fishpond, Morcoso was informed by
the personnel of the Bureau of Fisheries and Aquatic Resources
that said portion of land which Tirol leased to Morcoso is within
the alienable and public land.
Records show that Morcoso applied for a fishpond permit with
BFAR in 1973, and that Morcoso refused to surrender possession
of the fishpond to Tirol in 1976 when the term of the lease expired. It is for this reason that Tirol filed an unlawful detainer
case against Morcoso but the same was dismissed for not having
been filed on time.

,
AD!'tIl:-JISTRATIVE

84

LAW

The trial court ruled that the fi!'lhpond belongs to Tirol, and
thiIS was sus tai
arne db' ) the Court of Appeals.. Morcoso questioned
..
the ground that the trial court erred in tak
th e salid d ecision
on
I .
l'
ing cognizance of a conflict of claims invo ving a parce of land
under the administration
and control of another government
agency.

ISSUE:
Is the contention of Morcoso correct?

HELD:
No. The technical descriptions of the fishpond stated in the
lease contract and in the sketch plan of the BFAR personnel who
conducted an ocular in. oection of the fishpond areas applied for
by Morcoso explicitly show that the latter was the subject of the
lease contract between Tirol and Morcoso.
The fishpond not having been part of the public domain, the
trial court correctly adjudged Tirol as the rightful owner thereof.
Hence, the doctrine of exhaustion of administrative remedies is
not applicable. it being clear that the subject of controversy is a
private land.
NATIONAL FOOD AUTHORITY, ET AL. VS.
COURT OF APPEALS, ET AL.,
G.R. Nos. 115121-25,68 SCAD 246,
FEBRUARY 9,1996
There is an urgent need for judicial intervention, hence, the doctrine of exhaustion of administrative remedies is not applicable.

FACTS:
Private respondents' contracts were terminated in the midst
of bidding prepar~tion a~d t~eir replacements were hired barely
five days a:ter th~lr termination, ~asada, another respondent, is
a pre-qualified bidder who submitted all requirements and was
preparing for the public bidding only to find out that contracts

IMPORTANT PRINCIP

LES IN ADMINISTRATNE LAW

85

had already been awarded b


..
of the situation the
.
Ynegotiation Because of the urgency
,
pnvate res
d
court to stop the impl
. pon ents were compelled to go to
tracts.
ementatlOn of said negotiated security con-

ISSUE:
Should there still b
edies before'
e an exhaustion of administrative remated securitygcOOlDgt
to co?urt to stop implementation of the negotin racts.

HELD:
. . The ~ase is an exception to the doctrine of exhaustion of administrative remedies. An appeal to the NFA Board of Council of
T:~stees and to the Secretary of Agriculture pursuant to the proviaions of the Administrative Code of 1987 was not a plain. speedy
and adequate remedy in the ordinary course of law.
ESPIRITU VS. MELGAR
G.R. No. 100874, FEBRUARY 13, 1992
ltlayor Melgar's direct recourse to the courts
without exhausting administrative remedies wa.
premature.
FACTS:
Rarnir Garing filed three complaints against Mayor Melgar
of Narjan, Oriental Mindoro. The first is a letter-complaint for
grave misconduct, oppression, abuse of authority, culpable violation of the Constitution and conduct prejudicial to the best interest of public service, filed with the Secretary of the Department
of Interior and Local Government The same letter-complaint was
filed with the Provincial Governor of Mindoro requesting that the
Mayor be placed under preventive suspension pending investigation. The third complaint was filed with the Presidential Action
Center. Office of the President. which forwarded the same to the
Governor.
After Mayor Melgar submitted his answer to the Sangguniang Panlalawigan. the latter recommended to the Provincial

AnM1Nl~TRAT1\,to: 1.AW

Rft

t \' ,1\ ,,:uspt'llclt"d


for" rorh -f1\ E\
Governor t htlt t hl' Mavoe btl prl'vt nuvs
.
(45\ dave pending the lllH'~hgR t 1I111(If the complaint, Ma,. Or
MtllgRr moved to dlsmiss the romp Iam I hut t he same \\,11::; den' 1(1' d

by the ~tlnKI{\ll\Innl{
PRlll"IR\\ igau, ",., t'an\\ hile GO\ernor E"phit
.
U
iuve
sUi'pl'n:<lon
011
1\13\
2
I
p aced Mtlvur Mt'lgar un d er prev t'l
t ~

~.
1991.

Upon receipt of t ht' order of IIUspt'nsion, ::\In).or M~lgnr fiJ('d


a petrtion for certiorari with PrehnllnllQ' Inspect ion WIth pra~('r
for n rCfttrnllHng order 11\ the RtgHHIIIITrial Court \I hieh \\'ll:,
granted,

ISSUE:
Whl'tht'r the judge of the Rt'gional Trial Court has juri"die.
lion to atop the governor from pIacinI{ a municipal mn~or under
preventive auspension pending the invesfignt ion of 3dminh"tra.
tivo charRl's agalnst tho latter?
Can Mayor Melgar SO to court without exhausting
trative remedies"

5dminh,.

HELD:
The Regional Trial Court had no jurisdiction 0\ er th", ~pe..
cial civil action and gravely abused its discretion m refu:,.in~ to
dismiss the case, There 11.1 nothing improper in suspending an of.
ficer before the charges against him are heard and before hl' is
given an opportunity to prove hIS innocence. Pre' entiv l' suspen.
sion is allowed so that the respondent may not hamper the normal course of the investigation through the USt' of his influenC'e
and authority over possible witnesses.
Mayor Melgar's direct recourse to the courts without exhausting administrative
remedies was premature.

OlHER EXCEPTIONS TO THE DOCTRINE


OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
The doctrine i. not applicable when the quest~oned act i. patently illegal, arbitrary or oppres-

ve.

1
2

"
5

OLD CASES:
Pascua} vs. ProVincial Board, 106 Phil. 466
DimalSlp TS Court of Appeals, 106 Phil. 237
Mangubat VS 0 mena, 105 Phil. 1308
Gonzales v . Hechanova, 9 SCRA 230
Tapa} 'Ii PresIdent, ; SCRA 553
NEW CASES:

Kilusang Bayan sa Paglihngkod ng mga Magtilinda ng Bagong Pamihhang Bayan ng Muntintupa dol. vs. Dominguez. C.R. No. 85439 .. Janu-

ary 13 1992

Bunye dol
January

\::0

Sandiganbayan, C.R. No. 91927,

13. 1992

Heirs ofTanjuan vs, Office of the President. et al.,


G R. No 126847, December 4,1996

IlANGUBAT VS. OSMENA, ET AL.


106 PHIL. 1308

!TN ~ti~r

go to court to .eek relief


_d .. , ,~ ~ of filirag all appeal from the or,,_. .,
iNaI to tM tUportmellt head because
..
cll .. oft. City Mayor u patelltly illegal.
lrIGy

P."''Mer& duly appointed detectives of the Public DepartfII Cabo City, are eivil service legibles, but their services
1InaiDa&ed by the City Mayor. The latter alleged that they
coafidential po8ltions and could therefore be removed
bIII_...
of trust and confidence .

' "'ac_lack

._-..... "rtitioeers questioned the Illegal termination of their servdeBts prayed for dismissal of the petitions on the
dial the petitioners filed the same directly to the court
.........
uatmg administrative remedies.

e ..

811

ADMISISTRA

nv ..: IMo\W

ISS liE:

Con the petitioners seck court protection outright without


exhuust ing administrntivo
remedies, that of filing an appeal to
the Department Head in accordance with the Charter of Cebu
City'!
HELD:
Yes.The acuon of the City Mnyor I" patently illegal. He acted
Without jurt ...diction. or has exceeded his jurisdiction, or has committed grave abuse of discretion nmounting to lack of jurisdiction. For this reason, the petitioners may go to court to seek relief, Without the need of filing an appeal from the order of dismissal to the department head
AN01'HI<iR EXCEPTION:
~RIA

NATIVIDAI) VI>A. DE TAN \'S. VETERANS


BACKPAY COMMlSSI(\S
105 PHIL. 377

In thiB case, the adminietratice


agency inuolved, th Veterans BaC'kpa.'l Commission. is in
estoppel, hence, the doctrine of exh ausrion of administratire remedies is nc)t applicable.
"'ACTS:
Lt. Tan Chiut Bee, u Chinese Nationnl. \\1\S a bona {ide mombur of the first regiment. Umted States-Chinese Volunteers In the
Philippines, \\ hich I'; recognized b) the United States, Having
died In line of dUI) In lpo Dam, hrs \\ idow, Maria Natividad Vda.
De Tan filed a baekpay npplicnucn. The ...arne was processed but
was disapproved by the Veterans Bnckpay Commission on the
~round that aliens are not qunlified not being within the purview
of the 1:1\\.This disapprovnl is contrary to the opinion of the Secrutarv of Justice that aliens nrc covered bv the law. The said CommiHsi'on also ruled that the opinion of th~ Secretary of Justice is
advisory in nature which may either be accepted or ignored by
the office seeking the opinion and the aggrieved party has the
court for recourse Petitioner therefore filed this action in court

ThtPORTANT

PRINCIPLES

but the Commission countered


administrative
remedies.

IN ADML'I,,"lSTRATIVE LAW

that the petition

89

has not exhausted

ISSUE:
Is the contention

of the Veterans

8ackpay

Commission

cor-

rect?

HELD:
.No. The said Commission is in estoppel to raise the said contention. In fact, it refused to follow the opinion of the Secretary of
Justice and even pointed out that "an aggrieved party has the
court for recourse." The petitioner is therefore correct in seeking
court relief without exhausting admmistrative
remedies, that of
appealing to the President of the Philippines.

DOCTRINE

OF PRIJ.\tARY JURISDICTION
OR PRIOR RESORT

The doctrme of primary Jurisdiction dictates that courts cannot determine a dispute on a question requiring the specral knowledge and expertise of the administrative
tribunals."
If the case
therefore is such that Its determination
requires the expertise.
specialized
skills and knowledge of the proper administrative
bodies because technical matters or intricate questions of facts
are involved. then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts
even though the matter is within the jurisdiction of a court.!"
What happens when a claim which is originally cognizable
in court. requires the resolution of issues which. under a regulatory scheme, have been placed within the special competence of
an administrative
body?
In such a case, the judicial process is suspended pending
referral of such Issues to the administrative
body for its view.!?
I.Septimo vs, Judge ViUarama, G.R. No. 101943. February 18. 1992.
l'1ndustnal Enterprises, Inc. vs. Court of Appeals, G.R. No. 88550, April 18.
1990.

vtu.

1\

Ilf

1111"

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primar) JUrll" II II I
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Isll'I"
\
III
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lIn,fllrnl1" ""' I ,1111
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tru IlIlll'
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i
t
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,'lIl1rlll h) illlI"'I,,1I n11l)1I , 111' 1'1,\1','''"1''
l~

I"1I1111nlllh

,,,,,

I " ,

II"RIII

IIIII\III~ 11,,111111'11'1'

1
I ' I(~"
I
1','rll'n,'I, '"" II1\ 111,1
1111II\ ,1"1111111 I I ,II 1\ I' 1111III
i 'trllll' " I I" .
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'fhl'pllrp"llclI

dlC~t,on.'U!llI\lIl\(tI't'"

'8 more

III

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in Cllntlllllllll\l

"(1"

fl

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.:":
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the oppurlutlIl) III dl'I'IIII' 1111 11
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1111111 III prl'\'I'1I1 \11111111'1'"11111\ 1111.1

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EXAMPLE:
INUlISTRIAL It:NTIt:IH'IHSI':S, INC.
('OllRT OF APPIt:ALS
<:.R, No. "81l1l0,AIlIH I. 18, Ul90

vs,

It I. tru Ihol Ihe o('l;cm "/c.d ill "11111 t l 1"4"


.('i ion of ('onlro('lll'ilh damage. ",h ic'h ill ,'(IN";
.able bv Ihf! CIl." Courl but the Mc'mm'UII(/II'" "f'
AgN'e";"nl .oulhllo
be N'lfdnd.,J ill d""i,,'d [rorn
a ('oo/.opf'ralinl con tract, The a"'i,m ill IIClI""'''''',\'
for N'1f('i .. ion bul Ihe I'f'1'ilficmof th c'IU,,.utiCl1l
Ih" ('001 bloc" . The juri,dir./;on of th Bureau (If
Energy D"vrlopment WOlf .u8l0ined under th c do:
trine of primary Juri.di('lion or prior resort;

0,.

FACTS:
Petitioner, II grantee of 1\ conl-oporuting
runt ruet \lVI'1" two
coal blocks, Willi ndvisod that the logicul opcrntor in t lu- uron ('I)"
IA/hitl,
I.' R NAntipo]
" It"lIlIv Corp VI Na till
1111111
(0
II. 7!l1>84,~'f'br\llln' 19, 1991.

'1\I~ltlll

Alllh"',I,

''

If,:l S('I{A '1Il!1

IMPORTA.'''' PRI

IPL

.,

ISSVE:
Doc .. the
said complaint

II COurt h
for re ..ers IO~ Jurisdi non t he r n t d

1."1\

'h

HELD:
f h It 1 dtrue that the romp Iamt t h t" \' filtld 1 fill 1'\ s I I \1\
o ~ e s81 nH'morandum of agr\ ment w hU'h Is '1\\ ,H t\\
CI\,I court
' but the sm d memoran dlim of gre m 'nt I 1;.'1"\ ,
from a cOlli-operating contr ct w hich In\ oh .. th 'r ht t\l ',,1(11'
two coal blocks However, p titioner' c us of dl u 1 ,\\It 1\\(1 ~,
the resciss Ion of a contract but th reversi nor return to It rth
operation of the coal bloc s
The action of the trial court In hav lug d lared th
ued efficacy of the coal-opel' tin
nt
t m f \ ',1'
~
and In having directed th Bure u of En rg) 1 \ t 1 .r \
due course to petitioner' .. app ie t on for thre
are within the domain and jurisdiction of tht
Development and not of the trial court

~l\N

The question of what coal area .... hould be e:\pl ltt't m t I


ve]oped and whieh entity should be granted
1 pe III
:'(,
tracts over said area" involv e .. a techni
I d t .rnnn t n b\ th
Bureau of Energy Development \\ hieh h .. th "IX'<' 11
tise on this matter.
Matters involving the explor tron expl
and extraction of mineral re ..ourees It e
competence of the trial court to decide
The application of the doctrine ofpnmar\ JUf, ..dietlan, h \\
ever, does not call for the dismis ..al of the ca ..e b 10\\ It n
\'n~
be suspended until after the matter .. w ithin the (."o.mpNIn of
the Bureau of Energy De' elopment are thre ..bed ut id d\ h r-

92

ADMINISTRATIVE LAW

mined. Thereby, the principal purpose behind the doctrine of pritnary jurisdiction is salutarily served."
Uniformity and consistency in the regulation of business
entrusted to an administrative agency are secured and the limited function of review by the judiciary are more rationally exercised, by preliminary report. for ascertaining and interpreting the
circumstances underlying legal issues, to agencies that are better equipped than courts by specialization. by insight gained
through experience, and by more flexible procedure."

DISTINCTIONS BETWEEN THE DOCTRINE OF EXHAUSTION


OF ADMINISTRATIVE REMEDIES AND THE DOCTRINE OF
PRIMARY JURISDICTION
DOCTRINE OF EXHAUS
TION OF ADMlNIS
TRATIVE REMEDIES

DOCTRINE OF PRIMARY
JURISDICTION

1. The administrative agency 1. Both the court and adminhas authority to pass on
every question raised by a
person resorting to judicial
relief and enables the court
to withhold its aid entirely
until the administrative
remedies had been ex2.
hausted.

2. The claim or matter is cog-

istrative agency have jurisdiction to pass on a question when a particular case


is presented to court, as an
original matter, rather
than a matter of review.
The claim or matter is cognizable by both the court
and administrative agency.

nizable in the first instance


3. Doctrine of primary jurisby an administrative
diction is not concerned
agency alone.
with judicial review but determines in some instances
3. The purpose of the rule is
to control the timing of juwhether initial action
dicial relief from adjudicashould be taken by a court
tive action of an agency.
or administrative agency.

JOlnduatrial Enterprises. Inc. va. Court of ApJle4ls, G.R. No. 88550. April 18.
1990, 2nd DiY., Melenc:io-Herrera, J.
"Ibid.

L---------~------~---

IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW

NOTE: Both principles d

o not apply where the issue involved


a pure question of law.

93

IS

D.
DOCTRINE

OF QUALIFIED

POLITICAL

AGENCY

The doctrine of qualified political agency is a corollary rule


to the ~ontrol powers of the President. Under this doctrine, which
recogOlz~s ~he e~tablishment. of a single executive, "all executive
and admlnlstratlve
organizations are adjuncts of the Executive
De~artment., the heads of the various executive departments are
asaiatanta and agents of the Chief Executive, and, except. in cases
whc:c the Chief Execut.ive is required by Constitution 01' law to
act 10 person on the exigencies of the situation demand t.hat he
act. personally, the multifarious executive and adrninistrative functions of the Chief Execut.ive are performed by and through the
executive depart.ments, and tho acta of the Secretaries of such
departments,
performed and promulgated in the regular course
of business, are, unless disapproved or reprobated by the Chief
Executive presumptively the acts of the Chief Executive.P
THE PRESIDENT HAS CONTROL OF ALL EXECUTIVE
DEPARTMENTS, BUREAUS, AND OFFICES
The presidential power of control over the executi vo branch
of the government extends over all executive officers from Cabinet Secretary to the lowliest clerk and has been held to mean,
"the power of the President. to alter or modify or nullify or set
aside what a subordinate officer had done in the performance of
his duties and to substitute the judgment of the former with that
of I,he latter. It is at the very heart of the meaning of Chief Executive.23
The President's power of control is directly exercised by him
over the members of the Cabinet, who, in turn, and by his author-

~2Cnrpio VB. Executive Secretary, G.R. No. 96409, Feb. 14,1992, En Bane, Paras
1.

J.

""Carpio

VB.

Executive Secretary, G.R. No. 96409. Feb. 14, 1992,En Bane, Paras,

94

ADMLI'ISTRATIVE

LAW

ity. control the bureaus and other offices under their respective
jurisdictions in the executive department."

BASIS OF THE CONTROL POWER OF THE PRESIDENT


The control power of the President is expressly provided in
Article VII. Section 17 of the 1987 Constitution which provides
as follows:
"The President shall have control of all the executive departments, bureaus. and offices, He shall ensure
that the loll's be faithfully executed."
The control power of the President does not. only refer to the
power of the President to make an appointment but also the power
to remove whenever he deems it proper and necessary. He suffers
from no legal constraint whatsoever in exercising the said power
of appointment and removal.
The members of the Cabinet of the President are referred to
as his alter egos for even if they are the heads of the different
departments of government, they are considered as the extension
of the personality of the President.
The decision in Carpio I s. Executive Secretary is actually an
implementation of Article VII, Section 17 of the 1987 Constitution. What happens is that in reality, the President's power to
continue is directly exercised by him, "over the members of the
Cabinet" who, in turn. by his authority, control the bureaus and
other officers under their position in the executive department.
The decision in Carpio {'s, Executive Secretary is actually an
improvement of the old ruling in Yillena {'S, Secretary of the Interior to the effect that the acts of the heads of the various departments which are "performed and promulgated in the regular
course of business, are, unless disapproved or reprobated by the
Chief Executive, presumed to be the acts of the Chief Executive."
It is an improvement because the Presidential power of control over the Executive Branch of the government, according to
the Supreme Court in Carpio us, Executice Secretary, extends over

IMPORTANT

PRINCIPLES

IN ADMINISTRATIVE

LAW

95

all executive officers from Cabinet Secretary to the lowliest clerk


and has been held to mean "the power of the President to alter or
modify or nullify or set aside what a subordinate officer had done
in the performance of his duties and to substitute the judgment
of the former to the latter.
In Araneta us. Gatmaitan ,Of> President Ramon
directly exercised the authority to promulgate rules
lions concerning trawl fishing. This was challenged,
the ground that the power to do so belongs to the
Agriculture and Natural Resources.

Magsaysay
and regulahowever, on
Secretary of

This contention was not sustained by the Supreme Court. It


was ruled that the President of the Philippines may exercise the
power and authority to regulate or ban trawl fishing under and
by virtue of Article VII, Section 10(1) of the Constitution. Moreover, all executive functions of the government of the Republic of
the Philippines shall be directly under the executive department
subject to this provision and control of the Republic of the Philippines in matters of general policy.

DOCTRINE OF RES JUDICATA IN


ADMINISTRATIVE PROCEEDINGS
The doctrine of res judicata forbids the reopening of a matter that has been determined by competent authority. The prevailing rule is that the doctrine applies to judicial and quasi-judicial acts of public, executive and administrative officers acting
within their jurisdiction.
The principle of conclusiveness of prior adjudication extends
to all bodies upon whom judicial power has been confirmed.
BASIS OF THE DOCTRINE
The judgment of courts and awards of quasi-judicial agencies must become final at some definite date fixed by law.26

20

101 Phil. 328,


"'Carreon vs. WC C. 77 SCRA 297

ADMINISTHAT[VE

96

LAW

INSTANCES WHEN THIS DOCTRINE IS NOT APPLICABLE


ADMINISTRATIVE PROCEEDINGS

TO

In Nasipit Lumber Company, Inc. us. NLRC,27 for instance,


the Supreme Court ruled that the doctrine of res judicata does
not apply to labor relations proceedings "considering that Section
5, Rule XIII. Book V of the Rules and Regulations Implementing
the Labor Code provides that such proceedings are non-litigious
and summary in nature without regard to legal technicalities obtaining in courts of law." Said pronouncement
added that the
Court is in consonance with the jurisprudential dictum that the
doctrine of res judicata applies only to judicial or quasi-judicial
proceedings and not to exercise of administrative powors.
Neither docs the doctrine apply to judgments
hibited nor void contracts.v

based on pro-

\to

DUE PROCESS IN ADMINISTRATIVE

PROCEEDINGS

.
It is true t.hat. administrat.ive tribunals arc not bound by tho
technical rules of evidence and procedure which govern trials and
hearings in the ngular courts of justice. This does not mean, however, that, due process is dispensable in adrniniatrative proceedings.
There is a common requirement of procedural due process,
whether in judicial or administrative proceedings, and this is the
clement of NOTICE AND OPPORTUNITY TO BE HEARD. For
as long therefore as the defendant, or anyone similarly situated,
is given a notice and an opportunity to be heard, he cannot later
on complain that he WaR declared in default or that the decision
has been rendered against him in his absence, for he has already
been notified and given the opportunity to be heard.
Procedural due process seeks to avoid situation where after
rendition of judgment, the defaulted party complains that he was
"'&c. 5, Rule XII r. Book V of the Rules and Regulations lmpl!'menting the Labor
Code.
"'B F. Goodrich Phils., Inc vs. Workers' Ccmpensnticn Comrmsslon. 159 SCRA
355.

IMPORTA..~T PRL'I1CIPLES 1:-1ADMI:-'ISTRATlVE LAW

97

denied due process of law. If one has already been given notice
and opportunity to be heard. and for reasons of his own, he ignores the same. it is unreasonable to expect any court or administl ative body to wait for him, or for his reply, for the court is
expected to perform its functions and its duties without being
placed at the mercy of disposition of any litigant. This is especially true in criminal cases where a party under detention may
invoke his constitutional right to speedy trial.
Another purpose of procedural due process is to give basis to
the appellate courts to render proper judgment ifand when a person allegedly deprived of his life. liberty or property, will Iater on
appeal a judgment for the reason that he was deprived of due
process of law.
PROCEDURAL DUE PROCESS AS UNDERSTOOD
ADMINISTRATIVE PROCEEDINGS

IN

For the Supreme Court to susti.un the findings of an administrative body exercising quasi-judicial functions, such body must
abide by the elementary rules of due process. However, procedural
due process as understood in administrative proceedings accepts
of a more flexible standard as long as the proceeding were undertaken in an atmosphere of fairness and justice.o9
How can an "atmosphere offUirness and justice," as referred
to in Valderama and Sons, Inc. I:S. Drlloll be attained?
The answer would still be to comply \~'ith the cardinal rights
to be observed In administrative prOcccdlOgS.as pronounced in
Ang Tibay us. C1R.30 as follows:
1.

The right to a hearing. which includes the right to


present onu's case and submit evidence in support
thereof;

2.

The tribunal must consider the evidence present.ed,

3.

The decision must have l'omething to SUpport itself

4.

The evidence must be substantial;

'"Valderama and Son'. Inc. vs, Orilon. G.R :\0.78212.


Gancavco. J.
. '69 Phd. 635.

Jan. 22. 1999. Ist

.
OIV .

EXPLANATION OF EACH REQUISITE:


FIRST REQUI

ITE: THE RIGlU'

TO .'\ HE.4RLVG

The element of nouee and opport'!nit;. ~~ be ihear-d l,


part and parcel of due process, whether In J~dlclal or adnu.n:
istrative proceedings In the absence of this elemen:. the..~
can be no fair pia)
EXAMPLE:
A lawyer will not just be disbarred without bt>1Il, af.
forded the basic element of notice and opportunit)
to be
heard This 18 hkeWl5e true for a teacher. a policeman. a ci
tor, a pharmaost dentist and other prcfessionals wh se a~.
thonty and license to praenee then profession or OC'('u.toUO!l
cannot be eaneelled or revoked without notice and oppanu.
ruty to be heard
LikeWISe. 10 a litany of cases it has bt>E'nheld that 5 .'
zure ofa propert,) on account of delinquency ill rhe "Oa,)ment
of fees and taxes. cannot be made without written ncnee ~
seIZure and opporturuty to be heard."
A certificate of public convenience cannot be re'
~
without nonee and beanng.
A foreigner shall nor r~ d~

Sectioo 2.;03 Rep. Ad So. 1937


aIJlbN.I V'E. Tbldo Trana. Co.. 62 Phil. 29;

IMPOJ!"'AN'"

"'UNI-,,.,

Po

R IN A"MIN'8'fJ(ATIV~:
1'111'1('(1, ('XPpllf'rI

"

or

I.AW

1111

"xc ud,'d 1"1'


th
.
"nor
IIlVI'HLll{lIl1011
J>. '
11111"
Phdlp"IIH'1
wrt hout,
'II'
lund"H
Ill'
I
'
I1ImHC'
or COUIlHI'I l
"
11111 II right til III' hl'lI,.11hy

und to

crIl1l8j'XlIl11inc

proclu"

1I

'

Wllnl'SlIl'1I

re 0PpoSlh, 8id",83

on

III

own

Iwhllif

IS NOTICE AND HEARING


IN ADMINISTRATIVE DETEARLWAYSNECESSARY
MINATIONS?
His neCcHAnry only wh
to be invaded,
en some CIlIl.ltllut.lOnul right ill churned

WHEN IS NOTICE AND HEARING NOT NECESSARY?


( 1) It I S not npe(' ""ur' f h
delermin
t i ", Y I l ,"purpo f' of an adrmrustrut ivc
h h
U Ion IS to decide whether
a right or privilege
h: IC an .npplicant docs not P08IlC8!1 shall be grunted to
m
l
or WIthheld in tho exercise of a discretion vested
b y statute.
(2)

I~ is not al~o .necessary if the power exercised is essentlall>: ~d~I,nl~trative


or executive and not judicial or
quasI-JudicIal. unless otherwise required by luw,

(3)

Even if the power exercised is quasi-judicial,


notice or
hearing may not be necessary to due process of law if
no personal or property rights are involved.

(4)

When powers of determmation


and action of a quasijudicial character are given to officers entrusted with
duties of local or municipal administration by which not
of the property, but the lives of individuals, may be affected, and which, from their nature, must be exercised
without a prior hearing or notice to the parties who may
be affected. 34

INSTANCES OF VALID ADMINISTRATIVE DETERMINATIONS


WITHOUT PRIOR NOTICE AND HEARING
Nuisance

per se may be the subject of summary abatement."

SlSec, 69, Revised Administrative Code,


11442Am. JUT .. PP, 474475,
a&Article704, New Civil Code,

100

ADMr:-:rSTRATIVE

LAW

Permits to operate and maintain night clubs. cabaret, massage parlors, discohouses, may be revoked when found out to be
used for immoral activities or fronts of prostitution.w
Preventive suspension of government employees on account
of graft charges."
SECOND REQUISITE: A TRIBUNAL MUST CONSIDER
THE EVIDENCE PRESENTED
The right of a party to present his own case and submit
his evidence to support thereof will be a useless right if there
is no corresponding duty on the part of administrative tribunal to consider the same.
THIRD REQUISITE:
THE DECISION
MUST
SOMETHING TO SUPPORT ITSELF

HAVE

A decision which does not state clearly and distinctly


the facts and the law on which it hi based, deprives not only
the parties but also the practitioners. professors and btudents as to the factual and legal considerations that guided
the court, or even a quasi-judicial tribunal. in reaching a
decision. Decisions of courts and administrative tribunals,
particularly the decisions of the Supreme Court. are discussed, scrutinized and cited by lawyers and non-lawyers
alike from time to time and in the years to come. This goes
on and on even at a time when those who wrote them have
banished from the broad faceof the earth. Even dissenting opinions in yesteryears are made as references for. in several instances, they appear more convincing to the next generation of
lawyers, judges, professors, scholars and law students.
FOURTH REQUISITE:
STANTIAL

THE EVIDENCE MUST BE SUB-

It is not enough that there is an evidence to SUpport a


finding or conclusion, but the evidence must be substantial.
Substantial evidence "is more than a mere scintilla." It means
such relevant evidence as a reasonable mind might accept
"Darling Apt. Co. vs. Springer, 137 ALR 803.
'-Anti-Graft and Corrupt Practice' Act.

IMPORTANT PRINCIPLES I:" AD~Il~ISTRATIYE L.-\W

101

as adequate to .
..
h
diff
b
Support a conclusion. Thrs 15 precisely t e
1 lerence
etween an admlOistrative proceeding and a crimina case where th P eVId ence required
"
IS proof beyon d reasonable doubt,
What must be the reason for this rule?
,
Th~ obvious purpose of this rule is to free administrative bodies from the compulsion of technical rules of evidence
and procedure .

FIFTH REQUISITE: THE DECISION uusr BE RENDERED ON THE BASIS OF THE EVIDENCE
PRESENTED
AT THE HEARING, OR AT
LEAST CONTAINED IN THE RECORD AND
DISCLOSED TO THE PARTIES AFFECTED.
Any other evidence not presented or disclosed during
the proceedings cannot be made the baSIS of the decision.
They are not known to the parties and neither are they
brought to the attention of the administrative tribunal making the decision.
It is sufficient, however. that administrative findings
of facts are supported by evidence Such finding will not be
disturbed so long as they are supported by substant.ial evidence, even if not overwhelming or preponderant;" and except when the former have acted without or in excess with
their jurisdiction. or with grave abuse of discretion.s"

SIXTH REQUISITE:
THE BOARD OR ITS JUDGES
MUST ACT ON ITS OR THEIR OWN INDEPENDENT CONSIDERATION OF THE LAW
AND FACTS OF THE CONTROVERSY, AND
NOT SIMPLY ACCEPT THE VIEWS OF A SUBORDINATE IN ARRIVING AT A DECISION.
This means that the administrative officer who is entrusted with the duty to decide a case, must be the one to

"Earth

Minerals Exploration, Inc.

V8

Deputy Executive Secretary. Catalino

Ma('sralg. G.R No 78569. Feb. 11, 1991. 2nd 01", Paras, J.


-Blak na Baio Mmmg Compan)' vs. Tanto .lr, G.R No. 34267068, Jan 25,

1991, 2nd Diy., Paras. .1

IQlI

""~IINI IlIAIIVI I.AW

d,.

IflAk.

II

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nnd bu .11

trush el It,
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own

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1111

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lUI Impl. 11111110111111

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f!

IJ I

hi

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.. I I h,
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SJ.:V":NTJI

HEIJIIISII'K:
IN AI.I. ('ON/,UO\,'IUISII\J.
ou...'/'UJNS, rn f)f:l'I s ,oN M08'1' JlI~liJ~N.
IJ":HEIJ IN ",11(,11,\ MA,\'NJ.:U1'11"'1' 1'1I/~'I'J\I'.
TIES'I () /'1110:
I'IU)( ";J.:IJlNli ('AN IiN()n' 'I'IIR
VARUJI),'i 1,",r.;",.:8IN\.'(J/.YKIJ,ANI} 'I'I/I~ IU~'A.
SONS "'OII'I'IIJ.: ,,1-:( 'Iii/oN II";NI)/~III"} '/'IIK
PA'RfOII"'AN('J.:
Of' '1'1118IJl/'l'Y IS INSIU'A
RA III./<.' ruo '1'/1 t: A l/'I'/I()/( 1'1')' ('ON
f'J.:RH,.:IJ UPON 1'1',

It III n port IUIII JIll" el III filII pili)' Ihul lhf' 1111111111111 II'
volvr d, partIcularly
lh. rt'lIl1ll11l1
IIIr Ih" d,ol'IIlIIIII, 11111111111 h,
stated clearly In the decision so that the Jlftrill'S Will k nnw
not only the factual findangs hut 01811 how t he 1111' 1fI11J..iI1K
the decision appreclntes
tilt 1010lal) flf LIII~ 1'1, ('11111 II"" "11
)nvolved In the C080 nnd t1l8 0\\11 1""rCl'IlIlllIll "' wlalll IIIW
appl1l'8 to the fact and the evidence IIII' I'nll'"
hiur.

,,,,'"rt'

C~.
REQUISITES

Of' .JUDICIAL

HEVIEW

BASIS FOR JUDICIAL REVIEW


In this jurisdictinn,
by' (1) the Constituticn;
ples of public law,

the basls for Judicial review is Jlfllvid"d


or (2) SWLtlll'S; or (3) the (;"ncr 01 1'11I1<i.

With respect to the COmnllS8wIIS which wen' l'fl'all'll 1I11c1I'"


and by virtue of the 1987 Constitution,
name-ly: (I) ('(}MI~LI';("
(2) Commission
on Audit: (3) Civil SCTVIl'(' CIJmml~~I011. lhr'll til'
cisions, orders, or ruling may hi' brought tu tho Suprenu- ('ollrt
on certiorari by the aggrieved party within ao days from rr-rr-rpt
of the copy of the same.

IMPORTANT PRINCIPLES IN ADML'lISTRATTVE LAW

103

By express provision of law decisions of Securities and Excbange Commission, National Labor Relations Commission Philippine Patents Office may be subject of judicial review.
'
Decision of other administrative
bodies, boards and tribunals may also be subject of Judicial review.
~UISITES

OF JUDICIAL REVIEW

Before an admmiatrative decision may be subject to judicial


review, the following requisrtes should be complied with:
1)

The admmistrative
action has already been fully completed and has therefore become final (This is known
8S Doctrine of Finality of Administrative
Action);

2)

The administrative
remedies have been exhausted.
(This is known as the Doctrine of Exhaustion of Ad
minietratioe Remedies)

HOW CAN A PARTY APPEAL FROM A FINAL AWARD, OR


DER OR DECISION OF AN ADMINISTRATIVE AGENCY,
BOARD OR TRIBUNAL?
A..

WITH RESPECT TO THE DECISION, ORDERlRULINGS OF THE THREE INDEPENDENT COMMISSIONS CREATED UNDERAND BY VIRTUE OF THE
1987 CONSTITUTION, NAMELY: (1) CIVIL SERVICE
COMMISSION; (2) COMELEC; AND (3) COMMISSION ON AUDIT
Article IX, Section 7 of the 1987 Constitution
vides as follows:

pro-

"Sec. 7. Each Commission shall decide by a majority vote of all its Members any case or matter brought
before It within slxh' davs from the date of Its submission for decision or resoLution. A case or matter is deemed
submitted for decision or resolution upon the filing of
the last pleading, bri{. or memorandu1J1 requir:ed by the
rules of the Commission or by the Commission Itself.
Unless otlierwie provided by this Constitution or by law.
any decjsion. oreier. or ruling or each Commission mqy
be brough t to the Supreme Court on certiorqri by the
aggrieved pqrty within'H!i,ty days from receipt ofa copy
thereof. lUnderlining
upplied)"

AIIMINIH'I'HJ\'I'JVI':

I/AW

,
,
'1'Il'vl'd !,lIlly hllH I,ll ftl., II
Undor IIH' t4ulIl JlmVII;IIlIl, ,1111 '~KJI I
frolll ""'l'i,,11I1' HHid
petit ion 1'01' ("'I'(i(ll'lIl'i wit hiu tllIrty
(,lInl uY~1 tlly II HIJI"'illl"jvil
'
I
I
docisjun, 01'1 I('I' (11'1'11 Ilng, '1'1
118 I'" I HIli I"' 1IJI IIIfl I' Ih., ~I'IHlIIII.
action for ('('1'1101'111'1 1I11<1t'r Hull' fio 1111<1,I 11'1'" f'" 'J
I "
('0111'1
111'1 1'( I I III II "
1111_
the
i811\1(' 10 IIC' hroul,ht" ,10 III(' SUpl'l'IIl" I ,,10 I 'II' k II I' Jill ,'II
I'
,
I ( II' JlIIl
iu-d to grnve "h\l~(, 01 <llfll"'I'11I)1I .. ,"OUII IIln
or ('X('CHHOfJIII'I~dJ('1101I
,
,
'f'll
'I VI' ;JllIlIw Clf dIH(:"l'lilJlI
1'1\('1'(' is IJI('k of'JIII'hlflidlOll
I
11' K' If"
I'
, 'I
WI' 1';X("'HIIIl JII' IHI 1('.
Will' done 111 " 1'''pl'il'I(HI!i or Whll11HlI'1I mUll'
.'
I
'
1
" sdil'llllTl
hul It IIIK IlV"'"
tion pn'!lUpP"Ht'lI thut till' court
11l~JIIII,
f""
,
II
I
I'
II
"'XI'f'('JlH'
tlt('f"'11
,
Htt'PPI'd till' IWI'Il1IH!U ) (. WUII( H In 11

It ill IIIlW H('ltI(I(1 t luu III provu . I'Ing IIIII,I l.hv d,dHI()"H (lI'd"I'M

or rulillj.(11 of COMI';LI.:C "I11I1Y Iw ",.llughl III till' HupI'('ml' CIIII"[


on ccrt ioruri," t.l1l' ('III1Mtitutiofl ill d!i Articl
IX(A). H"~LI()11 7,
m('UIlH tho spccinl civil net ion for (,(,,.Iiof'(lrt under Hull' flo, Hoc
tion I,
thiM 1'(lUHI"I, lilt' lIj.(gl'jlV(,d pllrt.y I11UH~ fil'Ht !iJo II motion
for reconaidornt
11111 Iwfi"'ll th ,,!'lit ion for certiorttrt
IS hl'oughi to
)0'01'

tho Au promo

COli

,.t.:

R(I~Y"~SVS. REGIONAl. TRIAL COURT, ET AL,


G.Il. NO. 108886, MAY 5, 1995
61 SCAI) 44
FACT!;:
After the May II, 1!)!)2 synchronized
elections, tho Munici
pal BOArd of CnnvIIHMI'rH proclaimed Aquiles U. Reyes us the 8th
winning candidate for till' position of member of the Sangguniung
Bayan of Naujun, Oricntu] Mindoro,

'I'hereuftor,

Adolfo C;. Cornia, a candidate


for the same posi
tion, filed before the triul court !tn election protest alleging that

,nOllllido
178 (199J).

,jTtcY('H
44.

VH.

VH,

COM ":L1o!C,19:1HGHA 78 (199)); Rivera

VB,

COMELEC, 199 SeRA

Il('r,rionnl 'I'rinl Cour:t, pt,." I , (l.R. No. 108886, May 5,1995,61

SCAD

IMPORTANT PRINClPLES iN ADMINISTRATIVE LAW

105

the Board of Canvassers


had comm' tt d
ist ke i
th
ti
cal computation
of th
n.te a rms a emma
ema~,
e total number of votes garnered by petitioner,
After the mistake was admitted and recti lied the trial court
annulled the p:oclamation
of Reyes and declared Commix as the
duly elected WInner,
The COMELEC's First Division dismissed Reyes' appeal on
Lhe,ground, that he failed to pay the appeal fee within the pres~rtbed period a,nd the Court of Appeals dismissed his petition in
view of his pendln~ appeal in the COMELEC citing Supreme Court
CIrcular 28-91 which prohibits the filing of multiple petitions Involving the same issues,
Reyes then brought. the present. action, Reyes contends that
both the trial court and the COMELEC's First Division committed a grave abuso of discretion, the IiI'St., by assuming jurisdiction over the election contest filed by Comia despite the fact that
the case was filed more than ten days after Reyes' appeal from
the decision of the trial court for late payment of the appeal fee.
The Supreme Court dismissed the petition. Reyes failed to
first file a motion for reconsideration
before the COMELEC en
bane before filing his petition for certiorari before the Supreme
Court contrary to Article IX(A), Section 7 of the Constitution.
It,
likewise, held that the COMELEC's Firs; Division properly dismissed Reyes' appeal from the decision of the trial court. for his
failure to pay the appeal fee within the time perfecting an appeal.
The Solicitor General, in behalf of the COMELEC, raises a
fundamental
question. He contends that the filing of the present
petition, without. Reyes first filing a motion. for reconsi~el'ation
before the COM ELEC en bane, violates Article IX, Section 7 of
the Constitution
because under this provision only decisions of
the COMELEC en bane may be brought to the Supreme Court on

certiorari.
HELD:
is correct. It is now settled that in providing that the
"
1S 1 d rs and rulings
of COMELEC "may be brought to
d eClSlons, or e
C
.
,
, , A . I
ourt
on
certiorari,"
the
onstitution
In
Its rtic e
th e S upreme C
.
"I
. fi
'
,
lX(A), Section 7 means the speCial C1Vl action or certiorari unThi

106

. . CO)fELEC. 193 SCRA 78 [1991).


der Rule 65. Section 1 (Gal~d;~~-\ 178 [1991]). Since a basic con~
Rivera "S. CO!'t{ELEC.19
. that Reves first file a motion for
.
. h actlODIS
dition for bnnglOg sue
. .
f the'. First D'"IVlSIon of the
.
f the decIsion 0
reconsideration
0
taction.
COMELEC is fatal to his presen
.
..
lrement may be dispensed with
Reyes argues that.thl!' r~~~ in his petition IS a question of
because the only questIOn ~alt-e It'ons raised by Reyes involve
law, This is not correct. T .e q~~a~ and statutory provisions in
the interpretation of cont-t1.tutlO. The questions tendered are
the light of the facts of ~hls case.
,
therefore, not pure questions of law
'I
. th t a motion for reconsideration
before the
.Y oreov er,
a
fili
f
titi
COMELEC Ell Bane is required for the !ng 0 a pe ) l~n for
of Article IX(C),. Sections
2
cer tilOran..IS cIear from the provi~ions
"'
,
and 3 of the Constitution. Conformably to these prOV)SIO~Sof the
Constitution. all election cases, including pre.proclama~lOn Con
troversies, must be dl.cided by the COMELEC En Bane, It IS, therefore. the decision, order or ruling of the COMELEC En Bane that,
in accordance with Article IX(Al, Section 7. "may be brought to
the Supreme Court on eertiorartF
Reyes 8h,0 assails the decision of the trial court as having
been rendered without jurisdiction. He contends that the election
protest of Cornia was filed more than ten days after his (Reyes)
proclamation. Reyes, however, is estopped to raise this question
now, He did not only appeal from the decision of the trial court to
the CO!\IELEC raising this question. but he also filed a petition
for mandamus and prohibition in the Court of Appeals. Having
decided on this course of action. he should not be allowed to file
the present petition Just because he lost in those cases.
J(

WITH RESPECT TO APPEALS FROM THE COURT


OF TAX APPEALS AND QUASI-JUDICIAL AGEN.
CIES TO THE COURT OF APPEALS
Sections 1. 2 , 3. 4, and 5 of Rule 43 of the 1997
Rules of Civil Procedure, as amended, provide as follows:
"Section 1. Scope. - This rule shall apply to appeals from Judgments or final orders of the Court of Tax
Appeals and from awards ' Judgment s, tina
r,' 1 or d ers or

I.MPORTA.;'1TPRINCIPLES

IN AD~UNlSTRATIVE LAW

107

resolutionn of, or authorized by an}' quasi-judicial agency


Ln the exerc,ise of its quasi-judicial functions, Among
these agencies are the/Civil Service Commission, Cen
tral Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, SOCial Security Commission, Civil
Aeronautics Board, Bureau of Patents, Trademarks and
Technology Transfer. National Electrification Admirustration, Energy Regulatory Board, National Telecommunications Commission. Department of Agrarian Reform
under Republic Act No. 66.'57, Government Service In
surance System, Employees' Compensation Commission,
Agricultural Inventions Board, Insurance Commission,
Philippine Atomic Energy Commission, Board of Incestments, Construction Industry Arbitration Commission,
and Voluntary Arbitrators authorized by law, (n)
"Section 2. Cases not covered. - This Rule shall
not apply to judgments or final orders issued under the
Labor Code of the Philippines. (n)
"Section 3. ~Vht'reto appeal.
An appeal under
this Rule rna)' be taken to the Court of Appeals Within
the period and in the manner herein prouided, whether
the appeal involves questions of fact, of laui, or mixed
questions of fact and law. (n)
"Section 4. Period of Appeal. - The appeal shall
be taken Within fifteen Jl,l)) days from notice of tile award,
Judgment, final order or resolutton, or from the date of
its last publication, if publication is required by law for
its effectivity, or of the denial of petitioner's motion for
new trial or reconsideration duly filed in accordance with
the governing law of the court or agency a quo. OnLyone
UJ motion for reconsideration shall be allowed. Upon
proper motion and the payment of the full amount of the
docket fee before the expiration of the reglementary period. the Court of Appeals may grant an additional period of fifteen (15) days only uiithin which to file the
petition for revie?;:No further extension shall begranted
except for the most compelling reason and in no case to
exceed fifteen (J) days. (n)
"Section 5. How appeal taken. - Appeal shall be
taken by filing a verified petition for review in seoen (7)

w
AD~lINISTRATIYE LA

108

rt of Appeals,

wifl] proof

of

legible copies with the COil, aduPNlf oarey ana on the


Sl'rmC(!o(o COI)JII~reo((1II t leo", n-al co/)\' of the nl'tition
The on ...1
court or age1lc), a qUO.
s shqJl fie indicated
as
intended or the , tri
sue b the vctitloTier.
~
tition the petitioner shall
Upon the fi1!"g oft~e pe COllr;ofAPpeals
the dockhe
P!!)'/Q the clerk 01 court 9tt .
d de os it the sum of
cting and other lawful [ees an
P'ment of docket.
pr;uo 00 (01 casts. Exemptum from pa) .
.
.
d th deposit for costs may
ing and other lawful fees all
e
'I'; d
is upon a oerttie
mo
fA
/)1' granted bv the Court 0 ppeau
I h C
t
tion setting forth va ltd grounds th~r~for. f ~ ~l our t;f
Appeals denies the motion, the petitIOner s a pay
e
,
,J
/i
I
r.
es
and
depOSit
for
costs
clo('k('(l1lg and ot ter aw u te
."
with III fifteen (15) days from notice of the denial. (n)
NOTES:

,~_ What is the hist<!_ricalbackground regarding


from quasi-judicial agencies?

appeals

A(1)

Appeals from quasi-judicial agencies were originally


provided for in Rules 43 and 44 of the 1940 and 1964
Rules of'Oourt.I'These were superseded by Republic Act
No. 5434 nnd were continued under the Interim Rules
nnd Guidelines insofar as the same is not inconsistent

with the provisions of BP Big. 129; Par. 22(c1 Interim


Rules nnd Guidelines.)

(2)

The Revised Administrative Code of 1987 likewise provided for the mode of judicial review or appeals from
administrative agency decisions."

(3)

Said provisions were later on incorporated and superseded by Circular 1-91 dated February 27, 1991.

(4)

With the enactment of Republic Act No. 7902 (which


expanded the jurisdiction of the Court of Appeals), the
Supreme Court then issued Circular 1-95 dated May
16, 1995 .

28ook VII, Chapter 4. Sections 25 and 26, Administrative

Ccdu, 1987.

IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW

109

(5)

The Civil Service Commission and the Central Board of


Assessment Appealsv were included and the basis II
R.A. No. 7902.

(6)

The inclusion of Voluntary Arbitrators authorized hy


law was based on the ruling of the Supreme Court in
Luzon Development Bank us. Association of Luzon De
u~lopment Bank Employees, 249 SCRA 162 (1995). (Fe
ria)

EXPLANATION OF SECTION 1
Q - What kind of appeals are referred to in Section 1, Rule

431
A- This rule applies to appeals from: (1) awards: (2) judgmenl
(3) final orders or resolutions of or authorized by any qunsi
judicial agency in the exercise of its quasi-judicial functinn:
Q - Can an appeal be made only on questions of law?

A - An appeal under Section 1, Rule 43, may Involve question.


of fact, of la_w,or miX~d questiomf
fact and law. H
Q - Whose orders, resolutions,

awards, judgments and fi


nal orders may be appealed from according to Section
I, Rule 43?

A - They are the orders, resolution", awards, judgments aud


final orders of the following quasi-judicial agencies, to wil:
(1)

Civil Service Commiseicnr

(2) Central Board of Assessment Appeals; ...


(3) Securities

and Exchange Commission-

(4) Office of the President;


(5) Land Registration

Authority;

(6) Social Security Commission;

'3Republic Act No. 7902 refers to the Appeals frorn all quasi-judicial ?odieN to
the Court of Appeals by Petition for Review. regardless of nature of question to hI
raised.
d
"Scction 3. Rule 43. Rules of Civil Procedure. as amende .

1111

'" Ulln I'll,

\7) (,,, II AI'rOllllU t II"


(~) Hurt'lUI

(If

PlItt'lIt":

l~n Trndl'lIlllrk!l .1111


(llll

Natlonnl

(1)

Flwrg\

r 'hllllI

Il~\

1\

r ..

'I'rIl11"H'I.

\ I il11"trntl()ll.

l<:INInlklltllllli ( III

'

RI'~ullltOr\ Bunni;

. . .
.
CUlllnllS::>lIltl.
(I:.!\ NatitlnnI1\'lt'\'UnllllulllcntIl1l\~
. H ,forlllllllcil'1' Rt'pllhltc
ll:lJ Ill'purllllt'nt \If Agrllflllll I
6t157;
1I'lllll',' Sy:;t,'1lI:
( 14) (;u\'I'rlllllt'nt SI'n'II'(' I n \
,

(15) Emplll\l'l'!l' ( tllllpl'n. ,I

t
I()

\ 161 Agnl'lIlt\lrltllllH'lltions

Act No.

\ Conlllli::;:;ion;
I

Bonrd:

( 17) I 1\11\1 rn 1\('(' ('(l1l\l1li~~itlll:


(I~) Philippine

Atumic )<;Ill'rgy Canlllllssion;

1191 Hoard of In\'I'stnwIlIs:


l201 Cun!ltrlll'tilln

Industry Arbitration

{21l Voluntary Arhitrator:-

uuthorizcd

Cammisl:uon;

and

by Inw.45

Q _ Within what period shall the said appeal be taken?


A _ The appeal shall he taken within fifteen (15) days from notice of the awnrd.judgment, final order or resolution. or from
the date of its last publication. if publication is required by
law for its effectivity, or of the denial of petitioner's motion
for new trial or reconsideration duly filed in accordance with
the governing law of the court or agency a quo.
Only one Wmation far reconsideration shall be allowed.
Upon proper molion and the payment of the full amount of
the docket fee before the expiration of the reglementary penod. the Court of Appeals may grant an additional period of
tift~cn (15) days only within which to file the petition for
I'('''J('W.

~Enurn('rnt('d in8tion 1.Rule43 1997RuJes ofe'vi!


1
Procedure. as amended

ADMINISTRATIYE

112

LAW

'fled IIlotion setting

6.

fortb

Court of Appeals upon a veTI


valid grounds therefor: and
, .
. the IIlotion, the petitioner
If the Court of Appea~s den~~sother lawful fees and deshall pay the doc~et~ng a
(15) daYs from notice of
posits for costs wlthlO fifteen

the denial.

C. APPEAL BY CERTiORARI TO THE SUPREME


COURT
Section 1. Rule 45 of the 1997 Rules of Civil Procedure. 8R amended. provides as followS:
"1)ection 1. Filing of petition with Supreme C?urt.
_ A party desiring to appeal by certiorarI from a Judgment or final order or resolution of the, Court of Appeals,
the Sandiganboyan, the Regional Trial Court o~ other
courts whenever authorized by law, may file uiith the
Supreme Court a rerified petition for review on cert io
rari. The petition shall raise only questions of law which
must be distinctly set forth. (Ja and 2a)"
Q _ What question can be raised in an appeal by certiorari
to the Supreme Court?
A - Only questions of law may be raised in the petition and must
be distinctly set forth. If no record on appeal has been filed
in the Court of Appeals. the Clerk of the Supreme Court.
upon admission of the petition, shall demand from the Court
of Appeals the elevation of the whole record of the case.
(l-Ia this mode of appeal different from certiorari
special civil action under Rule 65?

as a

A - An appeal by certiorari to the Supreme Court under Rule 45


is different from the special civil action of certiorari under
Rule 65.

Q - What i8 the difference?

I?IPORTANT PRINe I

PLES IN ADMINISTRATIVE LAW

APPEAL BY CERTIORARI
UNDER RULE 45

113

SPECIAL CIVIL ACTION


FOR CERTIORARI
UNDER RULE 65

1. 0bnly .qudest(iSonsof law may 1. The on ly question that may


e raised.
ection 1 Rul
be raised is whether or not.
43)
. e
the respondent (tribunal or
officer exercising judicial
function) has acted without.
or in excess of Jurisdiction
or with grave abuse of discretion.
2. 'l'he parties are: the appel- 2. The petitioner IS the~~nt as petitioner, and the
grieved party and the rea opel lee as resoonden L.
spondent is the tribunal or
office r exercisi ng j udici al
function who is alleged to
have acted without or in
excess of jurisdiction
01'
with grave abuse of discretion.
The party benefited by
the act complained of is
also included as respondent.

Q - Can a petition be categorized as a petition under Rules


65 and 45 of the Rules of Court?
A - No and neither maya petitioner 01' petitioners delegate upon
the court the task of determining which rule the petition
should fall. The Supreme Court ruled that under Circular
No. 2-90, wrong or inappropriate mode of appeal merits an
outright dismissal. 46

"Sec Ibanez V8. Court of Appell Is. 253 SCRA 540.

VI'

ADMI lSTRATI\' LA

114

. under Rule 45. only quest is the reason for this?


Wh
tion of law me) be raised.
a

Q - In an appeal by certa?rarl

ffacts The resolution of


A - Th Supreme Court I not a
0 Court::.,whose findin
s
factual I U 1 the function ofJower
t
d a e'
fg
on Lne matters nrc receJ\ed 'With respec ~n
r l,n act
b
h
-ub'ect
to
ceruun
exceptions.o
10 dmg on t e S upreme Cou rt '
J

met

Q _ Distinguish questlons of law from questions of facts.

AQUESTIONS OF LA'"

Q1.JESTIO~S OF FACTS

If the facts arc estabhshcd


A que"tion of fact arises
or admitted, their legal effect when there I' a co?flict in tesIS a quest ion of low for the timony The qucstron must be
court to determine
re olv ed by the court. No question of fact exists if only one
conelu Ion I!; possible from the
facts establi shed.
There 1 a quc lion oflaw
There i..a question offact
In u grven ca C when th doubt when the doubt or difference
or difference an e a to \\ hat arises a... to the truth or the
the law I on n certam tate of fal ...ehood of alleged facts."
facts 4

NOTE:
In Hp) s t al t Court of Appc:,al t al G R. No. 110207,
Jul) 11. 1996. 72 ~CAD 126 the supreme Court made this di ..
tinction
\\ here the n am,
ue to be re olued , the authentlc,t) of the De ed of Extrajudicial Partition and Settlement the Issue WL 1 d IS a question offact rather than
of law In th ro e of ~lanila Bay Club Corporation us,

J-'N B va Esta\ 10, G R ~o. 93394 Dec 20 1990, 192 SeRA 514' U
I
C un 01 Appeals, G R ~ L-47432- Jan 2-1,1992
mversa
Ramos \ J psl-Cola Boltllllg Co. of the Pl,19 SCRA 289
~m
\ Peps Co BotUlI1g Co of the Pl. 19 SCRA 2l,9

IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW

116

Co.urt of Appeals, 245 SCRA 715, 65 SCAD 54, (1995),


this C?urt held that for a question to be one of law, it
must L.,wolue no examination of the probatiue ualue of
the e~ldence presented by the litigants or any of them.
To reiterate ~he distinctian. between the two types of quesuons: ther~ IS a question oflaw in a gwen case when the
dQubt or rufurence arises as to what the la~
jng to a ssaai 1U1gte si.Issis. and there Iii a _f/.1lestionQ[
fact when the doubt arises as to the tLJJ1h. J2I the falsllY
Q[ alleged..&.cts (underlining supplied)".

Q - What are the exceptions to conclusiveness of facts?


A - The Supreme Court cited SIX exceptions In Remalante us.
tts. February 25. 1988. L-59514. 158 SCRA 138:
1.

When the conclusion is a finding grounded entirely on


speculations surmise or conjecture

2.

When the inference


taken 01' impossible.

3.

When there is grave abuse of diacrcuon In the appreciation of facts.

4.

When the judgment


of facts

5.

When the findings of fact arc conflicting.

6.

When the Court of Appeals in making its findings went


beyond the issues of the case and the same is contrary
to the admissions of both appellants and appellees.

made is mamfestly

absurd. mis-

is premised on a misapprehension

Other exceptions were cited by the Supreme Court in the


following cases:
1 When the findings of fact of the Court of Appeals are at
variance with those of the trial court. the Supreme Court
has to review the evidence in order to arrive at, the correct findiogs based on the record. 0

6ORobieza VS. Court of Appeals, 174 SCRA 354 (1989).

ADMl:\ISTRAT[\'E

116

2.

3.

LAW

f the Court of Appeals is


When the findings of fact 0
f eVl'dence and .
absence 0
IS
d
premised on the suppose
d tI
. d bY t h e e v.id
ce on recor .
contradicts
t en
.
d iIcumstances
had been
V,11encertain material facts an ~.
if taken into acoverlooked by the trial court whIch.
. th t th
count, would alter the result of the case 10
a
.ey
would introduce an element of reasonable doubt which
would entitle the accused to acquittal. ~2

Q _ Within what period can a party appeal by a certiorari


from a judgment of Court of Appeals?
A-

The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed
from, or of the denial of the petitioner's motion for new trial
or reconsideration
filed in due time after notice of the judgment. On motion duly filed and served, with full payment of
the docket and other lawful fees and the deposit for costs
before the expiration of the reglementary period, the Supreme
Court may, for justifiable reasons, grant an extension of thirty
(30) days only within which to file the petition.63

Q - Besides the foregoing reliefs and remedies. what is the


general relief that may also be availed of under the 1987
Consti tu tion?
A-

General relief, whcn proper, may also be availed of under


the provisions of Section 1, Article VIII of the 1987 Constitution, which provides as follows:

"The judicial power shall be vested in one Supreme


Court and in such lower courts as may be established by
law .
. Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights

6l0smundo. Medina. et al vs Hon ~facano A. Asistio Jr.. G R. No. 754750


Nov. 8. 1990. 191 SCRA ~18; ~ro01mo v~ Court of Appeals, G.R. No 105540

1993,
Oreino vs, Civil Service Commission, 190 SCRA 215 (1990)
July 5,
Pit-og vs. People of the Philippines, 190 SCRA 386 (1990)' M' I
C
of Ap~al8, C.R No. 91007, May 23. 1991, 197 SCRA 391
,. ora es VB. curt
Section 2. Rule 45. Appeal by certiorari to tbe Supreme Court Co
ts
l h e 1997 Rules of Civil Procedure. as amended
'
mmen on

~;e

IMPORTANT PRINCIPLES IN ADMINISTRATIVE LAW

117

which are legally demandable and enforceable, and to


determwe whether or not ther~ has been a grave abuse
afdlscretwn amounting to lack;r:;;;;S ;;jurisdictiaG
Q1l the part ofany branch or instru;;;;;;t~lit; of the Gauernment (Underlining Supplied). n
THE LAST REMEDY IS WITHIN THE NEW DEFINITION
OF JUDICIAL POWER
The traditional concept of judicial power, including now the
duty of the courts of justice "to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess
ofjurisdiction on any part of any branch or instrumentality
of the
Government," constitutes the totality of the Judicial power which
is now vested by our Constitution "in one Supreme Court and in
such lower courts as may be established by law."
The 1935 and 1973 Constitutions have not provided for said
authority. A comparison of Section 1 of the 1935. 1973 and 1987
Constitutions shows this, thus;

19315Constitution
Section 1. The Judicial power shall be
vested in one Supreme
Court and in such inferior courts as may be established by law (Arficle VIII).

1973 Constitution

1987 Constitution

Section
1. The
Section
1. The
Judicial
power
shall
Judicial power shall
be vested m one Su- be vested in one Supreme Court and in preme Court and in
one inferior court as such lower courts as
may be established by may be established by
law. The Batasang law.
Pambansa shall have
Judicial
power
the power to define.
includes the duty of
prescribe and apporthe
courts ofjustice to
tion the jurisdiction of
settle actual controthe various courts. but
versies
involving
may not deprive the
rights which are leSupreme Court of its
gally demandable and
jurisdiction over cases
enforceable, and to
enumerated in Section
determine whether or
5 thereof (Article X).
not there has been

grave abuse of discr;


tion amounting
to
lack or excess ofju.
risdictlon on the part
of any branch Or in.
strumentality of the
Government (Article
VII!).

SIGNIFICANCE OF THE ADDITIONAL SENTENCE


"AND TO DETERMINE WHETHER OR NOT THERE
HAS BEEN A GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF JURISDICTION ON THE PART OF ANY BRANCH OR INSTRUMENTALITY OF THE GOVERNMENT."
This sentence IHls. in effect, expanded the power, authority
nnd jurisdict ion of our courts of justice. particularly the Supremo
Court. to determine \\ hcther any branch or instrumentality
of
our gO\ ernrnent has committed "gruve abuse of discretion amounting to luck or eXCl'SSof juris dicta on." In fact. this power. authority
and Jurisdiction
goes b(l~ond the mere legality of a questioned
net, or transaction,
w hether it is committed. or entered into by
till' highest official of the land. or of any official or branch of our
J;'ll\ ernment,
Thl' question of whether or not the said abuse of discretion
is grave or not is ultimately determined, not by the officials whose
nets fire 10 question. but by our courts, particularly
by the Suo
promo Court. and it is in this sense that the new provision grants
the Supreme Court "an expanded jurisdiction and authority"
to
look !THo w hat it considers ns a proper subject of its final disposition. In ,,0 doing. the Supreme Court. as the final arbiter. enjoys a
wide latitude of power nnd discretion using. as it may, its honest
evaluat ion of facts. laws, jurisprudence
and any and all materials, book" and points of reference which may be valuable to support its analysis and conclusion.
The wisdom a~d propriety. for Instance, which may be invoked by the executive department
may not be considered
so by
the scrutin.izing
minds of the !ustic.es. In the end, the Supreme
Court may III the process, find Itselfmtervening
in matters which

IMPORTANT PRlNCIPLES IN ADM INISTRNI'IVE LAW

II!J

should better be left to th"


,
who are directl re
. e wisdom o{ tho loaders of the nution
Y
sponslble to the sovereign electorate.
In MMani~laPHrince Hotel us. Goucrntrl('nl Service Innurance
ant a otel Cor
t
I
(
I d th t th
pora ron, et a ,~the Supreme ;ourt
ru e
a.
e sale of 51% of the shareli of GSIS in Manila IIotel
Corporation pursua t t 'h
. .
,
no.
e prlVatlzatlon program of the gov
ernment, cannot contravene the Filipino Firs! Policy.

Sys t em,

In t.his case, the petitioner invoked Article XII Section 10(2)


?n the 1987 Constitution and submitslhut Manda iJotel hus hl'!'n
I~enll~ed WIth the FilipIno nation and hURpractically become a
historical monumenlthllt
reflects the vibrance of Philippine heritage and culture.
Since Manila Hotel is part. of our national patrimony and
part of the national economy, petitioner should be preferred after
it has matched the offer ofRenong Borhad, a Malaysian firm
Respondents argued that Article XlI. Section 10(2) iRmerely
a statement of principle and policy since it is not a self-executing
provision and that It requires an rrnplementing legislation. Respondents also argued that even if the said provision is self executing, the hotel docs not. fall under the term 'national patrrmony.'
In sum, the pl'ivnlization of business asset. for purposea of
enhancing its buslness viability and preventing further losses, in
pursuance of and to implement alleged economic policy. did not
meet the approval of the Supreme Court which took the position
that this argument should not take precedence over non-material
values. A commercial, nay even a budgetary. objective should not
be pursued at the expense of national pride and dignity.
Giving emphasis to what. it. considers to be more deaervmg
of preference, the Suprcm~ Cou.rt.added that t.~cre is nOlhi~g 8.0
sacrosanct in any economIc policy as to draw Itself beyond Judi
cia I review when the Constitution is involved.

"G.R No. 122156. "'~b. 3. 1997,78 SCAD 761.

...

ADMINISTRATIVE

120

LAW

VS GSIS, MANILA HOTEL


G R, NO, 122156,
CORPORATION, ET
"78' SCAD 764
FEBRUARY 3,1997,

MANILA PRINCE HOTEL AL'

,
,
,
f business asset to enhance
Prioattzation
0,
t alleged eco.
bueinees viability and to unplemen
.
nomic policy should
not t a k e p rocedure overbnon
d
.
I
Ita'"
even
aug.
material values, A eommercuu,
OJ
"
ld
t be pursued at the exet ary, objective shou
no
M
il H t I
'
. alt d diunit
Oe,
pense of nationai
pride
ign: y.. anta
, a LiwIng tes tilmonta. L0fPht'Lr'ppine
heritage, . It, i
18
.
a part of national p atrimony. Stn~e t~e Flitplno
First Policy provision of the COltstltutlon bestows
preference on qualified Filipinos, the mere ten.ding of the highest bid is not an assura~ce ~hat t!te
highest bidder will be declared the unnrang bidder,
FACTS:
Pursuant to the prrvatizution program of the government,
the shares of GSIS. owner of 51 of the shares of Manila Hotel
Corporation (MHC). was sold by GSIS through public bidding.
C(

Manila Prince Hotel and Renong Berhad, a Malaysian firm,


participated in tho bidding, and both of them offered to buy 51 %
of MHC shares. Renong Borhnd offered a higher bid.
MIle sent a check to match the bid of the foreign firm. To
prevent the consummation of the bid ofRenong Berhad, petitioner
filed this petition for prohibition and mandamus.
Petitioner's
1.

argument

arc as follows:

Petitioner invokes Article XII, Section 10(2) of the Constitution and submits that Manila Hotel has been identified with the Filipino nation and has practically become a historical monument that reflects the vibrance
of Philippine heritage and culture.

2.

Manila Hotel has become a national patrimony.

3.

Since Manila J:lotel is part of national patrimony and


part of the national economy, petitioner should be pre-

IMPORTA..'lJT PRINCIPl.ES

IN AD~UNISTRATIVE

LAW

III

No furt~er extension shall be granted except for the


most compelling reason and in no case to exceed fifteen (15)
days.

Q - What are the limitations


A - The limitations

under

Section

4, Rule 43?

are as follows:

1.

The appeal may be taken not only within fifteen (15)


days from notice of the award, judgment, final order
or resolution, or from the date of its last publication, if
publication is required by law for Its effectivity, but also
within fifteen (15) days from notice of the denial of
petitioner's motion for new trial or reconsideration duly
filed in accordance with the governing law of the court
or agency a quo.

2.

Only one

3.

Upon proper motion and the payment of the fuJI amount


of the docket fee before the expiration
of the
reglementary period, the Court of Appeals may grant
an additional period of fifteen (15) days only within
which to file the petition for review.

4.

No further extension shall be granted except for the


most compelling reason and in no case to exceed fifteen
(16) days.

(1)

motion for reconsideration

shall be allowed.

Q"- How can an appeal be taken?


A-

1.

Appeal shall be taken by filing a verified petition for


review in seven (7) legible copies with the Court of Appeals;

2.

With proof of service of a copy thereof on the adverse


party and of the court or agency a quo;

3.

The original copy of the petition intended for the Court


of Appeals shall be indicated as such by the petitioner;

4.

Upon the filing of the petition, the petitioner shall pay


to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum ofP500.00
for costs;

6.

Exemption from payment of docketing and other lawful


fees and the deposit for costs may be granted by the

IMPORTANT PRINCIPLES IX AD~ll!\ISTRATIVE LAW

121

ferred after it has matched the offer of the Malaysian


firm
Respondents argued that Article XII, Section 10(2) is
merely a statement of principle and policy since it IS not a
self-executing provision and requires implementing legislation. Respondents added that even if the provision is selfexecuting, the hotel does not fall under the term 'national
patrimony.'
ISSUE:
Does MHC fall under the term 'national patrimony?'
tion 10(2) of Article XII self-executing?

Is Sec-

HELD:
Section 10, second paragraph. Article XII of the 1987 Constitution, is a mandatory, positive command which is complete in
itself and which needs no further guidelines or implementing laws
or rules for its enforcement, From its very words. the provisions
docs not require any legislation to put it in operation It ISper se
judicially enforceable. When our Constitution mandates that in
the grant. of rights. privileges. and concession covering national
economy and patrimony, th State shall give preference to qualified Pilipinos. It means just that - qualified Filipinos shall be
preferred. And when our Constitution declares that a right. exists
in certain specified circumstances an action may be mnmtained
to enforce such right not withstauding the absence of any legislation on the subject; consequently. If there is no statute especially
enacted to enforce such constitutional right. such right enforces
itselfby its own inherent potency and nuisance. and from which.
all legislation must take their bearings. Where there ill a right,
there is a remedy - Ubi jus tbi remedium.
In its plain and ordinary mean 109. the term patrimony pertains to heritage. When the Constitution speaks of natIOnal patrimony. it refers not only to the natural resources of the Philippines, as the Constitution could have very well used the term
natural resources, but also the cultural heritage of the Filipinos.
Manila Hotel has become a landmark - a living testimonial
of Philippine heritage. While it was restrictively an American hotel
when it first opened in 1912. it immediately evolved to be truly

ADMr:-:lSTRATIVE LAW

122

, ,

, fi the elite. it has since then be


Formerly, a concourl)e or
ts which have sha
'
'gnificant
even
Ped
como the venue 0f various si
C It
1 Center of the 1930'
Phili
hiiatory, It was c,alled
1 ippine
. . the .u ura
the inauguration of th's
It WaH the site of the festivItIes dunng
e
Phrlippine Commonwealth.
ff. . I Guest House of the Philippine
GOI)_
D u bb ed as t h e O"ICIa

.,
.
. . .
nd official visitors who ar
ern ment , It plays host to dlgOltanes a . .
e
accorded the traditional Philippine hospltahty.

FlhplllO.

Th
t
lifi d Filipinos as used in our
Constitution
1 e erm qua L te
.
d b th also
includes corporations at least 60% of whi~b IS owne
Y e Fil~pmos. This is very clear from the proceedlOgS of the 1986 Oonst],
tutional Commission.
It should be stressed that while the Malaysian firm offered

the higher bid, It is not yet the winning bidder. The bidding rules
expressly provide that the highest bidder shall only be declared
the winning bidder after it has negotiated and executed the necessary contracts, and secured the requi~ite approvals, Since the
Filipino First Policy provision of the Constitution bestows prefer.
ence on qualified Filipinos, the mere tending of the highest bid is
not an assurance that the highest bidder will be declared the uiinning bidder. Resultantly. respondents are not bound to make the
award yet. nor are they under obligation to enter into one with
the highest bidder. For in choosing the awardee. respondents are
mandated to abide by the dictates of the 1987 Oonstitutton, the
provisions of which are presumed to be known to all the bidders
and other interested parties,
The Filipino First Policy is a product of Philippine nationalism. It is embodied in the 1987 Constitution not merely to be used
at! a guideline for future legislation but primarily to be enforced;
so must it be enforced. This Court as the ultimate guardian of the
Constitution will neuer shun. under any reasonable circumstance,
the duty of upholding the majesty of the Constitution which it is
tasked to defend. It is worth emphasizing that it is not the intention of this Court to impede and diminish. much less undermine,
the influx of foreign investments. Far from it. the Court encourages and welcomes more business opportunities but avowedly
sanctions the preference for Filipinos whenever such preference
is ordained by the Constitution.
Privatization of a business asset for purposes of enhancing
its business viability and preventing further losses, regardless of

IMPORTANT PRD;CIP

LES l~ AD~1l1l;ISTRATI\'ELAW

123

the character of the


.
asset, should
t
matenal values. A c
.
no take precedence over non-

ommercLal n
s h ou ld not be pursued t th ' ay even a budgetary, objective
nitv. For the Constitut a
e expense of national pride and dig- l
Lonenshrtn h h
ria values. Indeed th C
.es 19 er and nobler non-matetion in the proper g'O e ourt WIll always refer to the Constitu.
vernance of a f
nothing so sacrosanct ree society; after all, there is
beyond judicial revie wh any economic policy as to draw itself
w w en the Constitution is involved.
GRAVE ABUSE OF DISCRETION
What is to be deter . d b
larly the Suprem C
mma
y the courts of justice, particuas. mentioned In ;ec~urt, under the seco~d part ofjudicial power,
has been a gr b Ion 1, ArtIcle VIII, IS "whether or not there
ave a use of dis
t
.
ofjurisdiction on h
cre Ion amOU?~lOgto lack ~r excess
Gov~rnmenl."
t e part of any branch or instrumentality of the

,
Three (3) points th' Ii
tion wi
s,
ere ore, should be remembered in connee Ion with this new concept of judicial power, thus

be grave wliich

1.

The abuse of discretion, as-alleged, must


amounts to lack or excess of jurisdiction

2.

The alleged grave abuse of discretion will have yet to


be det.ermined by the courts ofjustice, particularly the
Supreme Court.

3.

That if needed, it is true that there exists a grave abuse


of discretion amounting to lack or excess ofJurisdiction,
our courts of justice, particularly the Supreme Court,
can check even Congress and the President of the Republic of the Philippines, or even Constitutional bodies
because they fall within the phrase "nay branch or instrumentality of the government."

Whether the Supreme Court will exercise this power or not


is entirely within the domain of its discretion and prerogative,
but certainly, there is no way to stop, prohibit or restrain the exercise of said judicial power, this being expressly granted by the
Constitution. This power, however, will only yield to the principle
of separation of powers or if the matter being raised involves a
political question, but even in these cases, it is only the Supreme
Court, and no other, that can decide the issue with finality.

MEANING OF "WITH GRAVE ABUSE OF DISCRETION"

1.

error 11\ the prorc"ding. or every erroneous COn_


n
dU~I'lO "t'1n\\ or of fnd, is nbuse of dilicreho . .:;
A mere abuse of discret ion b) itself is not sufficient to justify
the issunuce of a "Tit of c('rtiornn,66 For that purpose, the abuse
of discretion O\\I:,t be gran' and patent. and it must. be shown
that the discretion "U:, "'l'rci~l'd arbitrarily or despotlcally.57
~,)t

i.'\t'r\

For an abuse of discretion to ju~tify a review by certiorari


the same must have been "grave abuse of discretion" which i~
taken to mean ns such capricious and whimsical exercise of judgrnent as might he equix alent to lack ofjurisdiction,lIS
There I~ J!r8\ C abuse of discretion where the power iQ "xprriser in an arbitrurv or desootic manner I')V reaQI}D of vItS!"'ln
~.reludl\.~.or III r.;nnul hostility umoullttJIg to an evasion of positl\ e dutv .01' to n virtual refusnltn
J){>r:tn~mthe duty enjoined Or
not to act at nil in ron.,'mt'lIAUOI' "I law,59
.
..

'

In ot,her words, for certiorari to he. there must be a ,apri.


"'nus. arhitrnrv and whimsies! exercise of power, the very antith,
.,,,IS o~ I.hl' judicial
prerogative in accordance with centuries of
.

both civil law and common law traditlons."

U\ illa Re) TranSit, Inc ''S. Bello, 7 SeRA 735


seRA ;::\(!18'Luna, Inc vs, :\ablc, 72 Phil ss, \'iila Rey Transit. Inc. vs, Bello, 7

Palma '11 Q & Sin., 17 SCRA 9~'1 SO'


.
l"'urt of Appeals 104' seRA
G lei~ : I IVlnagracl8 Agro-Commercial, Inc
1 , 1 SC'RA 57l'1
rO
lt~ nteJmlted Port Services, Inc. vs, lAC.
':

l~O

Abag'
C\)lI$tantmo, 2 sl'RA 299 Abad S
~hll ISO. Arguelit'S \'5. Young. 153 SCR.-\690' Pu entos vs Pro,?nce of Tarlac, 67
SCRA41S.
refoeds Corporatton vs. NLRC. 171
l\.'Oplt' \ s, ~ll\nIH.. ll SCRA61S ~f .
19 SCR.-\ 569; Panahgan '1! Adolfo 67 SC~~~me Co. of the Philippines vs. Paredes
CA. 91 Sl'R.-\ 297: Litton ~bll.. ln~ ,rs, Gall
6; Butuan Bay Wood Export Corp VB'
vs esc. 192 SCR.-\ &ll:.k,'18 \8 esC.;93 ~~ Trader. 10c..163 SCRA 489; Par~de~
Imutan vs, c.-\. 102 SCRA 286. Y
RA 623.
Credrt Corp '" lAC. 166 SeRA 1>5 ' Dung vs Sulit, Jr .. 162 SCRA 659; Filiovest

IMPORTANT PRINCIPLES IX AD~nNlSTRATIVE LAW

125

H.
METHODS OF REVIEW OF ADMINISTRATIVE ACTION
The methods of review of administrative
action may be (1)
Statutory or Non-Statutory; (2) Direct or Collateral.

A)

STA!UTORY METHODS _ They are those that are


provided by a specific statutorv orovision. The manner
and extent of its exercise 1S tnererore governed by statutes.

B)

NON-STATUTORY METHODS - Are those methods


which are not exoresslv provided for bv law. They are
resorted to by courts on account of their inherent power
to review such proceedings and to decide questions of
jurisdiction and questions of law.

C)

DIRECT PROCEEDING - This is a oroceedinz which


ineluds-s .. petition for review or relief from a iudltment
'I'he J.- .... pose or Which 1S to seek reliet other than to set
aside a judgment. although it may involve an attack on
the judgment itself.

D)

COLLATERAL ATTACK - Through collateral attack.


there is an attempt t(l "uestlon in a subseqllent 1lJ"0
ceeding, the conclusiveness or vaHditf ora prior administrotive decision on the ground that the decisioll is
invalirt for lack of jurjadjctiDn oyer the person, oUlYer
tne subiect matter, or because the decision attacked was
not Lneul.:~"o1
the administrative body concerned which is
vested with the power to make the said determination.

WHAT ARE THE STATUTORY METHODS OF REVIEW?


1)

Judicial

review of the decisions of the Constituuonal


Commissions, those created under Article IX(A). Section
1 of the 1987 Constitution (Commission on Elections,
Commission on Audit. and Civil Service Commission),
"Unless otherwise provided by this Constitution or
by law any decision. order or ruling of each Commission m~y be brought to the Supreme Court on certiorari
by the aggrieved party within thirty (30) days from receipt of a copy thereof. ~

"1l~1IS'lsrHi\TI\f.lu\\"

126

2)

liS aTld

Judicial Reineu: 0 f C/IC/SIO.


Labor Code of till' [>/lIlippllle.~.

[inal orders under the

f I orders Issued under the Labor


rna
b
ht t th S
Code of the Philippines muy only be. ~O~gR ~ 6~ u.Judgmcnb

1111 d

preme Court under Rule 65. The relie


the following;
(0)

Petition

for certiorari,

(b)

PetitIOn for Prohibition,

1:1 10

care

Section 1. Rule 65
Section 2. Rule 65

Q - Within what period shall the petition (or certiorari

be

filt.>d?
A-

,.

Thoro is no rule which specifies the period within which a


petrtion for certiorari should btl filed The yardstick to meas,
UI'(' the tirnclessness
of a petition for certiorari is the reasonableness
of the duration of time that has expired from
the commission of the net complained of. up to the inatitu.
t ion of the proceedings to annul the same.

NOTE:
1.

In SUTI Juan us, CIII'lItO.GI it was held that an interval


oftwo(2)ycarsistoolong,
.

2.

In Allied Leasing Corporation us. Court of Appeals,62


ninety-five (95) days from receipt of the order was con
sidered as reasonable.

3.

In Claridad l'.~Sa"to:;,~3 ninety-nine (99) days in filing


certiorari after receipt of denial of the motion for reconsideration was considered as barred laches.

4.

In p_eopl~

in filing
certroran after receipt of the denial for the Motion for
Reconsideration
was accepted.

5.

The period has now been settled

lIS

\faga~lanc!i,64. three (3) months

to sixty (60) days.

"G.R. No. 45063. Apnl 15. 1988. 160 SCRA 277.


11197SCRA 71 (1991).
""120SCRA 148.
"G.R No. 118013.64 SCAD 968, Oct II 1995 t
Phil
'
Cl109 . ee WorkerR Union
Young. January 22. 1992.

V~.

CHAPTER VII

OTHER PRINCIPLES OF ADMINISTRATIVE


LAW
TOPICS IN THIS CHAPTER:
1. Basic Principles

A)

Administrative agencies are not bound by the technical


rules of evidence and procedure
A.I)

Case: AI-Amanah Islamic Investment Bank of the


Phils, vs. CSC, et al. G.R. No. 100599, April 8,
1992

B)

The findings of facts of administrative bodies are binding to the courts if they are supported by substantial
evidence

C)

Administrative bodies can resolve questions of law in


the exercise of their quasi-judicial function but.: (a) the
same is only an incident to their primary power ofregulation and to perform executive duties; and (b) their
resolution is subject to judicial review
C.l}

D)

Review of decision of administrative

agencies

Requisites for validity of administrative rules and regulations


D.l)

The promulgation of the said rule and regulations


must be authorized by the legislature

D.2)

The said rules and regulations must be within


the scope of legislative authority
a)

D.3)

Case: People vs. Maceren, 79 SCRA 450

The said rules and regulations must be promulgated in accordance with prescribed procedure
127

'bed bv administrative
'.
d h
.
ootIce an
eanng

t ,;; pref:cn
ra c. r; r

regardtng
.
hen I" pno
. d?
agenele::;. \\
't not require
.
d
when
IS I
rl'qulrC d an
.
. o.,;ued in the exercrss
les rate:, I:.
"hen are ru.:.
tOon and when are they
of 11 I{'~blatl\ e fu?~ I fa qua:::i.judicial func.
ed In the exercl!:'e 0
0

b)

I:''''UC

hon?

s.n

Ph'l

Inc

Consumers

Foundation,
153 SCRA

I: t. r~ ofDECS,
vs, ::it'cre a .;

Ca:-t':

622
c)

.
. t publication of all laws as
rt'qulrl'lllent as 0
. it
n condition for their effectJV1 y

c. I)

Cl\l'{'t-':
Ln. People vs. Que Po Lay, 94 Phil.

640

i.e,
d)

meaning

Gd Bulbuena vs. SecreLary


of
Education.
110 Phil. 150, G.R.
No. L-14283. November 21,1960
of the phrase

"unless

otherwise

provided"
D.4)

The administrative
reasonable

a)

rule or regulation

must

be

Cases:
8.1. Agustin vs. Edu, 88 SCRA 195
a.2. Bautista

vs, Junio, 127 SCRA 329

a.3. Tablarin vs, Gutierrez.


E)

152 SCRA 730

Requisites for the validity of administrative


with penal sanctions
E.1)

Introduction

E.2)

Explanation
a)

regulations

of the requisites

Cases:

a.l. U.S. vs. Panlilio,

28 Phil. 300

a.2. People vs. Maceren,

79 SCRA 450

OTHER PRI:-:CIPLES OF AD~ll?\ISTRATI\'E LAW

129

a.3. Victorias Milling Company, Inc VS. So


cial Security Comrmssion, G.R No L16704, March 17. 1962
2. The value and importance of all the important and basic principles of administrative
law.

"OMINI~TH'\'1'I\,~'I \\\

130

DISCU8S10N
1.

BASIC PRINCIPLES

A.
ADMINISTRATIVE
AGENCIES AR1<;NOT HOUND BY '1'111,:
TECHNICAL
RULES OF EVIDENC1<; AND PUOCI';Ul1Ul,:

,,
,
,I,
t

AdmI01~trati\'e agencies charged with tIll' tusk or IItUlld.kHt


ing contested cases ore nccessurily involved III ",,'n'uHllg 11111\'
tiona which are judicinl in nature This does not 1lll'1I1l: hOW\""I,
that they are bound to observe the techrucul rules 01 ,lvlIl"Il('.,
and procedure observed by the regular cnurta ofjust ic.
'J'he reason for this 18 bocnuse ndllllni~trl\tl\'l' u-ihunnla 111'(1
expected to adjudicate cases expeditiously 1I1ldwit hout 1IIII\(1""H
sary delay. ']'he main function of udminist rat ivo I\lo:i'I\('I,':; IH 111'1
marily to enforce the law entrusted to them for impl"lllt'lltntlllll
The exercise of quasr-judicral
power is only mcrdentnl t o tlwll'
main function of enforcing the law.
CASE:
AL-AMANAH ISLAMIC INVESTMENT
BANK
OF THE PHILIPPINES
VS. CIVIL SERVICI<~
COMMISSION,
ET AL.
G.R. No. 100599, APRIL 8, 1992

The Civil Service Commission is free from 'he


rigidity of certain procedural requirements
FACTS:
The investigating
committee found Malbun guilty of neglect
of duty and imposed the penalty of forced resignation
\\ it huut
prejudice to reinstatement.
The Merit Systems Protection Board agreed with the iuvestigating committee's findings that there is no proof that Mnlbun
tolerated
the anomalies nor is there any showing that ho ben-

lI'I'In.1( I'I(INI'II'

,01111111 dlr'

1.ly

III'

1.1:.8(II-' "n"lI:-;ISTR"TI\1':

illciil'l' 'II

l.AW

131

I'

C Y I'IIIll till' trunsuctions


to the detnelf' tl,,' . 1'11111 k 111111'
1111'" I
II
'
'
,
'HI
ll'1'l'ful'l' presumed to have acted In
WHlcllllll1t

'l'h ('ivil HI'I vie o


"
I
I
111111nl8610nfound Mnlbun guilty not on y
(I f
Krllllll
1I('g 1'1'1111'dilly" WI'lit' h" IS n le. 8 gr tve offense under C'J\''I

,("
"

HI: "." f' 111II11I18MIIIl:\ll'l1Iorundulll


Girl'ular "10 8, 1970, but also
III (" " IIVI' :vi I ,nllllilld .1111I t',Ill\( I'
'
lid Prejudrctal to the best Inter""I 11111", HcI'VIt'I'
" wlu (,I,'
'
1
,
'
I III 11i,:l'IlVl'offenses II nder the said ~ emo1'11111111111
( 1I'('ullIl'
I'hillJlpilll.l AIAlllllllnh
Bank moved to reconsider
the "aid
1IIIIIillg ",r I ~II'('ivll Hl'l'vin' {'ollllllis~ion and urged that the previUIIII C'III1V 1('111111
,(II' ~ttllll\ln in 1979 for ":\ eglect of DutyM and subse11'11'111111111,11'111111111
lrum till' Hl'rvice, should be considered
in deter11111111'':till' prupl'! pvnulty nguinst Mulbun, The Bank contends
I hili I III' I'I'IIPI'I ,,,,nllity should be' dismissul.
'l'lu- CIvil Hl'rvll'l' ('U1l1l11ISsIOn refused, however, to consider
IIII' III iUI' convict ion of Mnlbun on the ground that this is not a
IlI'wly discovered f'\'idl'nn'
lind that the Bank III the exerci ..e of
ilR It'llSlIllIlhlc, c1iligl'IIl'1' could hun' discovered and produced the
ducumnnt durin.: thl' Ill'nring conducted
or could have presented
llep HIlIlW III It" 11I1IH'1I1 til till' Merit Svstcms Protection
Board 8"
WI' II 1If! in t IIC' Cummisaiun.

ISSUR:
Is I Ill' said contunt

ron of Civil Service Commission

correct?

URI.I):
Nu 'I'h pr-ior 1'(lI1Vll'I1011 should hove been considered
by the
('III1IIIIIII,Unll ill I III P""I Ilg the proper penalty on Malbun, although
II Wlb presunn-d nnly III the bank's motion for reconsideration
or
for IIt'W I rial.
Mnlbun's pr ior conviction
in 19;9 is not a newly
I'Vlcll'llrl' hUI Mfnr':llt 11'11evidence." It already existed
n-udv nv.uluble Ill'flll"l' III during the trial which was
nhtll;lluhlt'
hy till' hank nnd could han' been presented
fill' t II(' "vl'r~,ght
!II' f()I,~(,tflilness
of Malbun. Therefore,
rigid !1'I'hllical rule's, such document is not admissible
aguinsl Mnlbun,

discovered
or was alknown and
were it not
apply ing
as evidence

132

However, administrative agencies like the C. bE1~rvl


mission exercising quasi-judicial funaiOll6 are (ret;
ttJ r
gidity of certain procedural requirements. TherefOTf: th (.;..r;.
mission should have admitted the document Eh!P~ pn!;'" cc
viction of Malbun, considering that it is a pub It d!)CU , p t c:. ...
within the judicial notice of the Com.ci.ssiun.
4

m.

....

B.
THE FINDINGS OF FACTS OF ADMD:I TP..ATlVt
BODIES ARE BINDII'G TO THE COtfRl'S IF THf."Y
ARE SUPPORTED BY SUBSTMTIAL EVIDENCE
In Yillanueca
as follows:

VB.

Court of Appeals,' the Supreme Conn ru~

1.

Factual findinzs of administrative agencies are aa:orded


not only respect but finality because of the speeial
knowledge and expertise gained by these quasiJuc.itia)
tribunals from handling specific matters fallinz under
their jurisdiction.

2.

Courts cannot take coenlsance of -ueh faetnal iE.;ues.

3,

In reviewing administrative decisions, the reviewing


court cannot re-examine the sufficiency of the evidence.

4.

The findings of fact must be re-peeted, a- lone a- they


are supported by substantial evidence

The said ruling affirm- the ruling of the ;::~!"-eme Court in


Coso Realty Filipino us, Office of the Presiti- -, . "us:

"Factual findings of administratioe bodies should


be accorded not only respect but et en finality if they
are supported by substantial ecidenee et'en if not
overwhelming or preponderant."

:G.R No. 99357, January 2., 1992.


'58 SCAD 773. 241 SCRA 165 (19951

OTHER PRINCIPLES OF ADMINISTRATIVE LAW

133

. Still on the. sub'


. ~ect 0 f th e respect to be accorded to factual
findIngs of admlnlstrat ive b0 dires, the Supreme Court also ruled
as follows:
"x x x Whether the conclusum reached by the court
of ~dm'n,stratwe
lriburuii 'was based merely on specu
lations and conjecture, or on a misapprehension
of facts
,!,nd contrary to the documents and exhibits of the case,
rs not f~r th~ Supreme Court to determine in a petition
for certiorari wherein only errors of jurisdiction may be
r?-Lsed. Neither can it determine whether the construe
lzon gwen by the appellate court to a document is right
nor wrong as errors in the appreciation of eoidence may
not be reviewed by certiorari because they do not inuolue
any jurisdictional
question" (Mujer vs Court of First
Instance, 25 O.G. 1384: People vs. Bans, 57 SCA]) .366,
239 SCRA 48 (1994); Heirs of Tanjuan l Of/lct of the
President, et. al., G.R. No. 126847, Dec 4. 1996, Third
Division, Minute Resolution
"The factual

findings

of the Ombudsman

art con

clusiue on the parties absent any showing of grave abuse


of discretion
The findings of odministrative
agencies
which have acquired expertise because their jurisdiction
is confined to specific matters are generally accorded not
only respect but even finality." tSesbreno (;.'1 Ala. et al ..
G.R. No. 95393, and Sesbreno l'S. Cahig, et al , G R. No.
103471, May S, 1992. En Bane Paras, J.J
"Although an administratit'e
decision does not neeessarily bind the Supreme Court, it is entitled to great
weight and respect, The function of a.d~linistEring ami
disposing of lands of the public dominion, the manner
prescribed
by lau is not entrusted to t.he courts but to
the executive officials. Matters inuolved III the grant. cancellation, reinstatement
and ret tsion offi~hpond lic~n~es
and permits are oested under the executlv.e su~ervlston
of the appropriate
department
head who In this case lS
the Secretary of Agriculture and Natural Resources. As
, h his discretion must be respected In the absence of
sue . howing of abuse. ~ .Heirs 0fP roceso B'autista vs.
a c Iear S
992 , Thiir d D'LVlswn,
..
arza, G..'R No 79167 , May 7. 1

Romero,

J.J

ADMII'ISTRATIVE

134

LAW

. .
matters within the ju"Adminislrallve declslons on
t can only be set
risdiction of the executive depart;::Sdiction, fraud or
aside on proof of gro.<;sabuse Of} fc its reconsideraerror of law There being no motioti ,rAgriculture and
tion, the decision of the Secretary; I 3 1959 thirty
Natural Resources became final on u ~h: co ie~ of the
(30) daY'~Jrom_receipt by the pa~tles of Barz:' G R. No.
decision. (Heirs of ProcesoBautl~ta us.
J)
79167, May 7, 1992, Third DUilslon, Romero, .

C.
ADMINISTRATIVE BODIES CAN RESOLVE QUESTIONS
OF LAW IN THE EXERCISE OF THEIR QUASI-JUDICIAL
FUNCTION BUT (A) 'rHE SAME IS ONLY AN INCIDENT
TO THEIR PRIMARY POWER OF REGULATION AND TO
PERFORM EXECUTIVE DUTIESj AND (B) THEIR
RESOLUTION IS SUBJECT TO JUDICIAL REVIEW

In the exercise of quasi-judicial functions, administrative


agencies are necessarily involved in the resolution of contested
cases brought to their determination
On matters involving questions of law, the authority vested in administrative
agencies is
merely to interpret the law entrusted to them for implementation. But such interpretation, however, is only incidental to their
primary power of regulation and to perform executive duties. More
than this, the resolution is subject to judicial review .
.This means that an administrative
action or decision may
be disturbed or set aside by the judicial department if there is an
error of law, or. abuse of power or lack of jurisdiction or grave
abuse of discretion clearly conflicting with either the letter or the
spirit of a legislative enactment.'
. . ~efore. an ?d~inistrative
determination
judicial review, It IS required, however:
1.

may be subject of

That the administrative action has already been fullv


completed and has become final: and
-

Padilla,'Peralta
J.

VB.

Civil Service Commission ' G R..No 9583?-,. ~(iay 10, 1992, En Bane,

OTHER PRL'-;CIPLES OF ADMINISTRATIVE LAW

2.

That all the administrative


hausted.

135

remedies have been ex-

T~e ~rst requirement is what is known and referred to as


the Prmcipl~ of Finality of Administrative Requirement and the
second reqUirement is what is known and referred to as the Doctrine of Exhaustion of Administrative Remedies,

REVIEW OF DECISIONS OF ADMINISTRATIVE AGENCIES


Decisions of administrative agencies may be subject to review by any court specified by the statute. or in the absence
thereof, it is subject to review by any court of competentjurisdiction in accordance with the provision on venue of the Rules of

Court.'
Balas Pambansa BIg. 129 did not intend to raise all quasijudicial bodies to the same level or rank of the Regional Trial
Court except those specifically provided for under the law.As the
Bureau of Immigration is not of equal rank as the Regional Trial
Court, its decisions may be appealable to, and may be reviewed
through a special civil action for certiorari by the Regional Trial
Court (Sec. 211I), Batas Pambansa 129).

D.
REQUISITES FOR VALIDITY OF ADMINISTRATIVE
RULES AND REGULATIONS

1.

REQUISITES

The requisites for validity of administrative rules and regulations are the following:
1)
The promulgation of the said rules and regulations must
be authorized by the legislature;

2) The said rules and regulations must be within the scope


of legislative authority;

S) The said rules and regulations must be promulgated in


accordance with prescribed procedure; and

480ard ofColDJDj8liODerll n. JucIp Capulong, G.R. No. 95612. May 31, 1991,

\\1\11:,\1:-

"h,'

~ 1'1'\ 1'1\'''' I..\W

, Ill" III ust be I'(,Hsonnble


. "'U I:lI I( ,
I
1'0111nlh'~ 111\1 I' <>

EXPLANATION

OF EACH REQUISITE:

,
11

of t he stlid rules and regula.

1'lUl pnl1l\ult:llt Wll 'i.lt'd by t be legislature


t hll\S 1l\ust lit' llutIun

,
.
,
l ll'lllUul~;\Il'
ndnlllllsiratlve
rules
1'111':lU,lllIIlIl~,II I I in I Ill' dlllrlt'!'
itself of the ad.
1I111111'~ulat 11111:' rs hlllilt
I hw \\hich it seeks to en
IIlttli:-trnti\I'
!wdy ,II' III I It' ,
.
jill ,'I',

i<:XAM PLI'::
II

regal'dlng
t'III" 1'1Iks lind regulations
I IIlI'I1\1\11'11..'
,
I
"111
oj'W(lllH'llllnd
lIllnot'S; cmp oyment of
,\111 III\1\ I 11
,
f I
k
IHHls"ill'lp"1'1l und l'II1pltl),lIH'nt 0 .101ll0 wor ora
\\1'I't'lll'(lI11lllgntl'd to illlplcllwntAl'llcJes
ofllw l.nluu: {'uti" 01'111(' Philippines.

153

1.0 155

2)

I IIlpl,'nll'lltIIIg
nlll'!' and 1't'!{lIlations ~o improve tel"\'11111 III \I 11il':11Itllls \Ildu~tl'.v is nut horized under Re
puhli ,\\'1 Nu 7!125

:n

IlIIph'llWnllng
rules and rcgutat ions to promote
IIlId lih,'mlizl'd
foreign investment
IS authorized
under Ih'puhlil' ,\c:t No, 8179.

t)

I mplcment ing I'UII'1innd regulations


smnll and medium industry
HI'!)lIhltc Act No 6977.

PJ'(lIllUI,'

under
(i)

to protect and
is authorized

Imph'nwntln.:
rules and regulations to liberalize
ent rj tlffi1n'ign hanks is authorized under RepubIiI' Ad Nli 77'21.

TIll' PI'I'sld,'nt
1)1' IIll' Republic of the Philippines
may also
t'Xt'J'I'iSI' the rule-rnuking
power, This was made possible, in one
i n st n ne c . whe n t ho Sup rcrnc Court
ruled in Ara net a us.
Gatmuiton," thai the President having control of the executive
dt'IHIJ'lnll'nt.
bureaus and offices, IS authorized to issue executive
orders under Sect ion li:l of the Revised Administrative
Code. hence,

1101 I'lul :I:.!lt

OTIII~R PHINCIPI.gs

OF ADMINISTRATIVE

LAW

137

be may.exercise the power and authority to promulgate rules and


regula~lOns concerning trawl fishing. for the law. after all, grants
authonty to the Secretary of Agriculture to regulate or ban fishing by trawl. If the Secretary of Agriculture has such authority,
then the President of the Philippines rnav exercise the same power
and authority granted by law in favor ~f his subordinate.
2)

The said rules and regulations must be within the


scope of legislative authority
Rules and regulations which are beyond the limits
of legislative authority are not valid ruJes and regulations. It has been the consistent rule of the Supreme
Court that rules and regulations nrc valid only when
they are within the framework of the policy which the
IcglRlature seeks to implernent.s
Administrnllvl' rules and regulations must be germane to the object and purpose of the low and must
conform to the standnrds. policies and limitations pre
scribed hy IIlW.7
An administrative
Congrcfls.8

agency cannot amend an act of

PEOPLE VS. l'ttACEREN

79 SCRA450
The Secretary of Agriculture exceeded his
authority in penalizing electro-fishing by means
of an admi nietrative order.
FACTS:
The use of obnoxious or poisonous substance. or explos~ve
.10 fiIShiing, I.
is on"". of those prohibited under the old Fisheries

Law.

''U.S. vs. Burin, 11 Phil. 327.


...
Administration,
.u(' Iman v""' Philippine Veterana
.
'SantoR vs. ";~l('nlo. 109 Phil, 419.
7T"\

S1 SC

RA 3 0
4 .

I II

IHHlllt1
III thlJ

,,,.Id "Jeulf,lllllll

""lId I

/llel,lll
"'I" H.,. r,lllry ,,' Alen' ultur"

'XI

edl

J1.j

8uthonty rn pe-

,,111'1," 1111111111( hy 111"11111 I,II}U: said adm11lUtraLJv(!a'.


d", NIlwh""
III IIII Iuw WIllI' I. I lr', II.hUll' proi ibited aDd fhf
IlIw "",11,'1111111,,
III,! "xL"'1I11'I1
IlllUIIlll1(

om-

hurly cannut d. !.waW to an exeeuuve


dill L1I1, I'"WI r I I, I"dun whut tltl8 should (on81.ituw a crimma)
un, 1111,
'I'h ..

IflWlllllklll1(

CAN TRAFFIC ENFORCERS REMOVE LICENSE PLATES OF


ILLEGALLY PARKED VEHICLES?
Nil 'I'hlll WlI8 d".ln,,I .11"1(1.1HI M(~trtlpoht.an Traffic Com.
111111111YII <:"""111( ~'1'111' IIlIl'K,d JustlliculJon to the practice of reIIIIIYIn" hrcnllCl plllt"11 IIrlll('Kolly
parked vehicles ....as WI 43, but
1IIIIIIh"r lAW, 1',.,.. d'11111111)"l'rl'l Nil 160,}. was issued, and under thlll IIIW, the uuthnrity of the M.,tn, Manila CommiSSion IS
limited uuly III IIUIlP""Hlllllllr revoeatrnn

of'the license (If the driver

who YIIIIIII.,.1 trllme rules, Raid P.I) Nil, 160G did not include W
lIuthority til ""IIIIIV" III"'IIHIJ plates ur the confiscation ef'Iicense of
tho "rrln" drivee

'1117 HI'ltA of!!:.t

'flU

'111111111

1'1

e-

as
:1)

'1'1" ,u,I., rill ...

JIll

....'..,1"1....."',,.

I'

.. lIlI rc K" tltr"n8 rnu t 00 promnl.. ".


Wit I prl'8cnb d procedur

Whll'

I h'

rl'"

d J.lrflC dun: ref

rt

d to

I Iall d ""1111 II. '/

I'

The P'I' ('Ihed Jllocodurc


nonce nd hcanng 'f
I IlIff,'" fill ""1'1111 II hy low. and publication a reqmr d
bv 11.x'I'III'VI O"ler No ~O(J
Is I" I'VI(HI8 notice

I h"

pI 11111II IgrHllln
1','111 1'1r!'I1II1IIf1Il?

It

and hearing

lit ndml0l8tratlllc

al'l108JS requlTed In

reeulatlens of gen-

unless the legislature requires


the regulatIon 18 an effect a settlcmentofa
cnnt.roversy betwt en specific parties In which en It I
~CII'81(1I'nd ns nn administrntive adjudication. hence. at
",II requrre notice and hearing.
I

not required

II. III IIn'f!S8

REGARDING RATES PRESCRIBED BY ADMINISTRAnVE AGENCIES, WHEN IS PRIOR NOTICE AND HEAR
ING REQUIRED AND WHEN IS IT NOT REQUIRED?
Wht'n the> ndnunist

rative agency prescribes the rates in the

exercise of its legislative functions. prior notice and hearing to


the affected pa rt.ies is not a requirement of due process,

10127

SeRA 329

ADMINISTRATIVE LAW

140

However. when said rates are pres~~ibe~ .by an ad.ministra.


live agency in the exereise of its qua';I-JudiClal function. Pl"i
notice and hearing are essential to the validity of said rates.1I Or

WHEN ARE RULESIRATES ISSUED IN THE EXERCISE Of: A.


LEGISLATIVE FUNCTION AND WHEN ARE THEY ISSUED IN
THE EXERCISE OF A QUASI-JUDICIAL FUNCTION?
When legidative

in character:

When the rules or rates issued or prescribed by an adminis.


trative agency are meant to apply to a_ll enterprises
of a given
kind throughout
the century, they may partake of a legislative
character.

When qua.i-judicial

in character:

Where the rules and the rate" imposed apply exclusively to


a particular party, based upon a finding of fact, then its funCtion
is quasi-Judicial in character.
EXAMPLE: A Department Order of the Department ofEdu_
ration and Culture which prescribed maximum school fees that
may be charged by nil private school" In the country for school
year 1987 to 1988.
Was that order Issued in the exercise of a legislative
tion or quasi-judicial function?

fune.

It was issued in the exercise of legislative function. according to the Supreme Court in Philippine Consumers Foundation.

Inc.

L'S.

Secretary o] Education, Culture and Sports,"

PHIL, CONSUMERS
FOUNDATION,
SECRETARY OF EDUCATION. CULTURE
153SCRA622

INC. VS.
AND SPORTS

Department Order No. 37, reducing increase


in school fee. to a lower ceiling of 10% to 15% WlU

UPhlhpptne Consumers Foundation, Inc,


lind Sports. 163 SCRA 622
"Supm

\"S.

Secretary

0{

Edueanen, Cuhure

orusu

PItlNCIJlIIiS

OF AI) lINlSTRATIVE LAW

141

' ued by lJECS in the exercise of its legislotitle


funrtion, /1 I)~c.cribe. the maximum school fees
,11,,1 mny I. ' cllorgl!d by all private scbools in the
('ount,., f~)r the school 'year 1987 to 1988, hence,
prior notl('C an(1 hearing are not essential to the
,'olidity of it illlluance,
FA('TS:
'rho lURk IUrl'II III higher educatien created by DECS :-ubmitted R report favorably recommending to the DECS the courses of
action with respect to the Government's policy on increase in school
fcClifor the school ycnr 1987 to 1988 The DECS. through respondent, issued nn order nuthuriaing the 19 to 20 increase in school
feeKI\s recommt nded by the task force. The petitioner sought recontlidl'rlll inn 111'1 he suid ordor on the ground that the increases
were too high, 'l'hcreforu, the DECS Issued DO 87 rnodify ing its
prClVllIlltl order .11111reducing the mcrea es to n lower ceiling of
10% to Hi' . Tilt.' put It toner, through counsel. sent a telegram to
the Presiduut of till' Phi lippines urging the 6U pension of the impleml'ntllholl of no 37. No response appears to have been obtained from IIll' Officu of t he President, Hence. the petitioner, filed
the petition for prohihition, seeking that judgment be rendered
declaring tho quostioned department order unconstitutionnl smce
the petitioner Willi not given due notice and hearing before It wns
issued.
ISSUE:
Wh(.'thl'r or not prior notice and hearing is indispensable
the validity of the quest ioned Depart ment Order?

for

HELD:
No. The function of prescribing rates by an adminisrrnrive
agency may be either n legislative or an adjudicative process, Ifit
were a legislative function. the grant of prior notice and henring
to the affected parties is not a requirement of due process. As
regards rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior notice and hearing nrc
essential to the validit \' of such rates. When the rules andJor rates
laid down by an administrative agency are meant to all enterprises of a given kind throughout the country. they may partake

,
Where &.h/' rules IIrttfdtt e ,a~f 1(, ~
J
rt'" base
;'{.IT. if
apply exclusively u) 8 partIC ..'Uar p8"
naracttr
r>O' ~ r..t
fact then 1t.8 function Is qua l-JudlC1ld rn C
"&7
1I,.:ed by the J)ECS In the (Xf rei e of 118It gJ8Wtl e ( t. ':tl(....
prescribes the maximum 8chool (CCI that. may be c:harfl
'I a
private 8chuols In the C<Juntryfor school year 1{J~7 W H,~ T
being 60, prior notice and hcarlng are nat e6JCritJaJ to the va

of 8 leUI81at..\'t,IcharacWr
OJ

of its Issuance
REQUIREMENT AS TO PUBLICATION OF ALL LA'l'
CONDITION FOR THEIR EFFECTIVITY
WHAT SHOll/,I)
I.
2.

N. J,

HI-:P{/HI,/SIIE{J~

All bt.lIllJtc , ITIcludlllg tho . (I' .ocal apphcallcm 2r.


private laws.
Preaid. ntlllllJl-crl'C and ~x:~cutlVC Orders promuJ~
hy the Preaident In 1h(1 exercI e of legJslatlvc ~e:
whenever the Borne arc validly delegated by the le?Ulature er, at. present, directly conferred by the Corw
tution

HOW SHOUl,D THE PUBli/CA TIO." BE: MAIJI:f


Borrowing the words of .lusuce Isagarn Cruz, the publication must hi' in full or It. 18 no pubhcatlOn at all sinee Its purpou
is to inform the public of the contents of the law.
WHERE SHOULD THE LAW BE PUBLISHED!
The law shall be published In the Official Gazette, and nGt
just in newspapers of general circulation '
WHEN DOES A LAW TAKE EFFECT?
A law takes effect after fifteen (15) days following the completion of their publication either 10 the Official Gazette or in a
newspaper of general circulation in the Philippines, unless it is
otherwise provided.
PTlti\ada VB.Tuvl'ra, 146 SCRA 446
't'J'ai\ada VI. Tuvera, Ib,d

~, tum
II

el\UI\ClRl.

1'1'1:\ 11'1
'\

\11

pubhllhMl III th., 0"


gent'ral circul IhOI\
.. HOPI

I)

no .. BE PI

1S

f ,I :\II~IST':N " 1\ F I \\\

I~

UAII'I\I,\"R
81 'SIll-'I)'

7uI Nl,hfm.,,'r,I
\\_ hall be
nd nc t JU t In lit \\ .1'- pc rs of

"J\

1\ R( J ,.::..

U;Ol 1...\

\ \ /)

It depends I t III "urllfl l 11f th. dll\llllsll'ntl'''t~ ru It':- 1\1\ ..J


",plah"ns
rs to I nfm \ (lr \(1I1'1I'I\I(\nt I "Siting [nw ,Ihl:- mus t
be puhhllhl d Ifth\, mil1\l1l1tllrnh'cl't'''ulntloll'
(lf~'ll~ffll"il"('u.
labon or penn] U\ nnhll"(, It houlrl b pubh ht'd If n'gulnUIlIlt>

a", mt'rt'h IIlI(\rpll


not be publish ...rl

t,UI\ (' (ll I\It'I't'" lilt. 11\111\II

nurure, tht'~ nc: d

E: 'MPI. ..~ 0.' R"'(Hn,.'\l'Ul"iS wrucn


TERNAI. IN NATUR..;:
(11

RI'~ululh'Il:;"

ndn\llll.
l2)

II nl"

hich

IIII'll'"

.\In~1

rl'll\lll\t(' II", porsounel

ut' 1\1\

IHl'II.,\:

I'

Letters ofm~llud"'"ll
1:;"\1('11 \\\ 1\11ndministrntivc
:-11
perior eonr I rllInt; CUhldlllt'" Itl b., f.IIII"\ ,d \" t heir sub-

ordinate

III the

EXAMPLE 0.' A

performance of Iheir

dllth'~'

uscui.vnox WHICH IS

PFI\.\L 1~

NATURE:
Circular

No 2001 the' ('cntrnl Bnnk


PI-:OPI.E

"S. (~1I"~PO 1.,\"\

94 1'1111.. 640

FACTS:

Central Bank Issued n circulnr (. ircular Xo 20) requiring


those who had foreign currencx to ..ell the ".\11\.' III Centra] Bank,
Que Po Lay was accused of, iolnting (. ircular Xo :!O but he elalrned
that the said circulnr hns not .}\'t been published III ihe ,,)flicinl
Gazette before his alleged violution of the S.II\\.' and he should
therefore be acquitted.

'RBl.D:
The Supreme Court sustained tilt' defense and held thllt he
fore the public is bound h) II" contents. n 11\\\.regulation, or tiro

DECI OROERADORESSO TO DIRECTORS Of PUBLIC f;. 0


PRIVATE ICHOOlSAHO PRESCRmING THE CONDUCT OF

FLAG CEREMONY IN SCHOOlS


DoN

ha e: to be put,haJtIed

Ivof".rrr,

No accord III to
tory of Edu olIO"
GIL BALBUENA

VS. SECRETARY

110 PHIL 1M, G.a.


NOVEMBER

OF :EUUCA110N

0.1.-14283

21, 1960

'ACTS:
Pebtlonen
memben
the re gtoU5 seer ..J
ah \\ Ita .. .. ,..challenged the C01Ubt ona t oi Rep b c Act j '0 1265
by VIrtue of.hieh the SeC'retary ofEducat
ed Departme
Order No 8, preacnb ng compu I'J flag ceremony m a &cboo
.. aD uadue delegabOD 0( egI lab e power: Sect on 1 ar the An
reqw,. all educet onal i
t
to obse:" e cia y flag ceremon~
_hleh .hall be almple and dlgn tied and shall Include the plaYing
or .IDllng of the PhilipPine Nat na1 Anthem Seen n 2 thereof
authonze the Seaeury of Educet on to lSSUe rules and regula.
tiona for the proper conduct of the nag ceremony
HBLD:

The requaremenu coubtute an adequate standard to Wit


.uapliat)' and dipity of the fl., ceremony and the 51nglnl! of the
aatiO.... anthem - MpecialJywhen contrasted with other stand...... heretofore upheld by the courts such as public interest
-public welfare: -Illterest ofla. and order," "justice and equity"
aDd the JJUbetaDtial menu of the case,' or "adequate and effident iD8tI'uetion That the leglalature did not specify the detailof the flag celemony 18 DO objection to the validity of the statute,
(or all that 18 required of It is the laying down of standard and
pcItiq that willl.i.mU &be diKretiOD of the regulatory agency, To
reqaare &be .. &me to ..tabliah III detail the manner of exercise

OTHf:R

PIUNCIPLES

OF ADMINISTRATIVE

LAW

14fi

of
PO .... er Would be. to destroy the. administrative
nenthbe'l~eleghated
I ity t at the del
cgatlOn I lOtended to achieve.
FROM WHAT DAY SHALL THE FIFTEEN-DAY PERIOD
(REQUIRED FOR THE EFFECTIVITY OF A LAW OR
REGULATION) BE COUNTED?
The fifteen-day penod I~counted from the date of release for
~ation
of the edition in the Official Gazette. not from the date
or pnnted date of the l'dltlon of the Official Gazette.16
MEANING OF THE PHRASE "UNLESS OTHERWISE
PROVIDED"
This means that the low itself can provide when it shall be
come effective. The law can provide that. it shall become effective
thirty (30) days, or tWt'nty (20) days, after its publication In tho
Official Gazette. but in no case can it. provide that it shall take
effect immediately and w ithout publication. If It imposes a penalty. foJlowing the ratIOnale in Tafiada vs. Tuoera, Pestga n VII,
Angeks, I and People' 1'.- Qllf' Po Lay "that before the public 18
bound by its contents, espcciallv ill' penal provisrons, a law, regulation or circular must first be published and the people officially
informed of said contents and its penalties,"
4)

The admini8trative
sonable

rule or regulation

must be rea-

An adminiHtrntt\'e rule or regulation must be reasonable, not arbitrary and capricious. The reasonable
ness of a regulation depends on the reason or the pur.
pose for which a regulation is issued,
In Altus/in (I.". Edu; Letter of Instruction No. 229
which required the use of "early warning devices" (EWD)
is not repugnant to the due process clause. It was considered justified for traffic safety.

IIFeople

VB.

Verdicano. 132 SCRA 523

-129 seRA 174

ADMINISTRATIVE

LAW

146

f Metro

Manila us. Board of


In Taxicab Operator~ 0 phasing out taxicabs more
Transportation. a regulahon nable as it is intended to
.
ld was reasO
b
than SlXyears 0
fet . of the passengers
ut also
promote not only the sa Y. ence of the passengers.
the comfort and the conveOl
.
extra heavy and heavy veProhibition to prt.vate ts on weekends and holi,
hides from using publ~~::r;:preme
Court in BautIsta
days was sustained by I . t nded to improve traffic
L'S. Junio. It is apparent ~ In : d days.
conditions during the design a e
.
MECS Order No. 52
In Tablar;" us. Gutierrez..
. '
S'
f 1985 which mandates the taklng and passmg
o;~~: ~ation~l Medical Admission Te~t .(~~AT) as a
condition for securing certificates of e~lgIblhty for ~d.
. .
h ld to be a valid exerClse of the police
mlSSlon, was e
.
.
th
.
rationale for IsSUlOg e saId
t te The
power 0f th e state.
.
I
order is the improvement of the profes~lOna and technical quality of the graduates of ~edlcal schools, by
upgrading the quality of those admItted to the student
body of the medical schools.
CASES:
AGUSTIN VS. EDU
88 SCRA 195

FACTS:
Then President Ferdinand E. Marcos issued Letter of Instruction No. 229 requiring the use of "Early Warning Devices (EWD)."
Petitioner claims that the use of the said early warning device is not
necessary because his car is already equipped with blinking lights.

ISSUE:
Is the said Letter of Instruction arbitrary?
HELD:
It is not arbitrary and not repugnant to the due process
clause. There is nothing in Letter of Instruction No. 229 which
compels car owners to purchase the prescribed early warning de-

nl'HFH l'mN\'II'1

\.'R \'
, \ I \"~I\~\~\'H\1'\\\-:,

\\\'

1 ~17

nAll'l'l~'I'A V~, .HJNIO


t 27 S('RA

:l211

FACTS:
Lt,ttt"'llfll\~1

1'111'11111\
I HI'')'
111'111
'I
I.
I, III 1111 1'lWl'gy flllllll'r\'
II tall II 1I1t'1I11'
I
I II I!
It' 1111,' III
I '
1
II \.\ 11111 ,"11'1\. 11'11\\' 1'1'1\,111"
""
S Irllm UII",,: I'\lhlt ' III ' , 'I
' 1111\\ 'I Pur
i
111:1
elll \"",'kl'lltili
nrul hoi
suant t h t'f\,tel
1\1"111111' I I
t'
I I 111111
11'\'11 III
\\1I1! 1IIIIIH'Ii I III HIli

ure which

II

h'

hicle ~,
,

I""

lng,penn

reglstratllln,

tll'~,"1

"IIIII',

'

Nil :Hl

nnel 1'11111'1'11'111 ill II of

l'OIlI'IIII'lIllClllllfvl'hld,,,

Pt'titilllwr
l'IlIlI"ll<'1!
lit,
"
,I,
III, (I) RIlII I I1'111'1' \II,.111111rucl It1I1 III II
violation
(If 11I1!
I'IIIhl
In. Ih~I'
"
I'
.
. .
,
'
...
11111 ('IIJCI,V III'IVIII(' 1)I'IIIWI'lv lind 01 hIli
right to 11'11\'1'1,1\(11\1'1',11 vinlut run

und (21 thlll


memorandum
1'11'1'\11111' Willi Idu'WIIII' uucunst itut ronul
fill'll
lates t he dod ri II\' of II lid Ill' nl'lt'gll t iou of' PO\\I'I',
{IfIllII'

PI'UI'I'III1;

1I111t1

\'ill'

ISSUE:
I!\ till' snid 1t'(I"I' 01 mstruct mu linn mcmornndum
constitutiunul?
Is tlH' l'U1\ flll(,11 ( 11111 01 impounding
under Mt'mOl'tllldlllll ('IITlllal' ultra 1'/lW; or IlIIt'!

"11'('111111'

of tlh' \(')Udl'

HEW:

The said Letter Ill' lnstrucuon wus sust.uned hUI tho conflscntion or impounding of till' \I'llIl'll' "ItS ultra Ilr.".; b"I'IlUII\' 1\ Jl\'llnlt)
can only be imposed In nccordnnce \\ uh till' procedure required by
law, Whi 1(' the iIIIpos] t ion (If II Ii IW or Ihe SlIlIllI'IlSIOnof r\'glslI\llton
is valid under the Lund Tr.mspnrtut 1111\ und Traffic Cudr.. tilt' 1111pounding of the vehicle fllHb II\) lit lit utor,Y jllshlkntitltl
TAHLARIN vs, (:UTI~RREZ
152 SeRA 730

FACTS:
Pursuant to Itt'PUh"I' Ad No 2:1~2I1r the Medicul Al't or \ !'Ill!).
MECs Order No, 52, Sl'rit's Ill' 19Hfi, \\ as issued, 11 1lI11I\d,II.'s tlw

148

ADMINISTHATIV,,;

I.AW

,
I M e dirca I Ad mlHsl
. 'on
taking and passing of the Nationa
. Test
(NMAT) 8S a condition for securing certificutes
of cligil)lhty for
admissIOn.
Petitioner assails the constitutlOnulity
of said law and M gC~
Order No. 52. and sought to bc ndmittl'd to the Colleg of MediCine for 19871988, without succcssfully taking the NMAT.

ISSUE:
Are the said law and regulation
constituuonnl?
Whc'lhc!r
there is some reasonable relation bl'twt'('n requirvmr-nt
of pURR
ing NMAT a8 a condition for admiflHion to the medical kchool on
the one hand. and the securing of the health and IHlfcLy of thC'
general community. on the other hand.

HELD:
The Medical Act of 1959. as amended. and MECS Order No,
52, Series of 1985. are constitutional.
They constitute a valid exercise of the police power of the state as it is intended to promote
the public order of the community and the important component
of that public order is the health and phYRical safety and well
being of the population.
Likewise, the power to regulate and control the practice of
medicine Includes the power to regulate admission to the ranks
of those authorized to practice medicine.
There IS a violation between the requirement
of passing the
NMAT and the securing of the health and safety of the general
community because the regulation of the practice ofmedicioe is a
reasonable method of protecting the health and safety of the pub-

lic.

The said requirement is the protection of the public from the


potentially deadly effects of incompetence and ignorance in those
who would undertake to treat Our bodies and minds for disease or
trauma infringes the requirements of equal protection.

OTHER PRINCIPLES

(J}'

ADMIN IS'! J(ATIY~ J.AW

11"

E.
REQUISITES
FOR THE VALIDITY OF AJ>MJNJHTItA'I"V,.;
REGULATIONS WI'J'H PJ;;NAJ.. HANCTIONH
INTRODUCTION
The legIslature

is the principal brooch (If ~ov('llIrrJ('JlL t.hul


.. vested with the authority to define and punish erirnn. IJIlJflHM
allowed by law, an administrative ug('ncy, bureau or ollic" ('.lflrllli
arrogate unto itself the power to HnpOli" tJ puniahment,
NULLA POENE suiil,,; L(U;I<; - "There is no crrrn I' whnn
there 18 no law punishing it." III the ob8"nC( of u luw, mort' pilI
tirolarly, a penalty that. can b,' impesed aguinHl lin ullf'I{"d of
fender, there can be no crime that cun h,' IrnpuLf'd Thr- IIdrTIIJll8
tnltlve aut.hOrltles cannot cver-extr-nd tho JIJW, which ill ',fll, IIHil,d
t.o It.. Implement.allon, and neither can It. urncnd, ur I'mbl'll('l' milt
t.eTB not covered by the statute.
Any rule or regulation therefore which preHcril",, II IlI'nllJly
Dot authorized by the law upon which the sam 18 pnlmull(lll,.cI,
.. ldtra VITU, and will not be sustnlncd."
REQUISITES FOR THE VALIDITY OF ADMINISTRATIVE
AND REGULATIONS WITH PENAL SANCTIONS

The requtsltea are as

RULES

f(lJlOW8:

The law itself which uuthorizes the prornulgfltlllri (II'


rules and regulations must provide for th" imp()JuLil)n
of a penalty for their violation;

The said law must fix (lr define the said penalty ti,r thn
Violation (If the regulation:

The said regulation must bp.published.

178enti.

YS.

Juruo

.Jupro

150

EXPlANAOON
SECOND

OF THE REQUISITES

REQUISITE:
The- said law must fox
penaltj for the- \;018t10n of the regulatIon

,1';

define the :-oid

Republic Att 7942. otherwise know n .1'; the Philippine MinIng Act of 1995 An At't Insntuung
\ :\t'\\ ~~stem of Mineral Re8011I"t'e5. Exploration
Development, Utlhr.l{h1n and ('on';l'I'\'nti~nJ
15 a eenerete example ofa la1l '" hich specifies the violations \\ hleh
are punishable, the specific penalne .. w hich ..hould be impo-.cd.
and the authont)
to the admimstrativ e ngcnl',) concerned to impose fines lD aC'('()niant'f' "1th implementins; rule. .. and rcg\llntion~.
Sections
as follow s:

107. 10 109. 110 and 111 of the;' "Rid

10\\

provide

SEC. 107. IIl~Ral Ob"ru('t;on to Permit tee or


COll/raclor.. An\ per on u ho, 1L ithout Justifiable
cou e pre: ents or obstructs the holder of any permit,
agT'et'mC'nl or lease from undi rtai:lIIg hi" mining operat'OM hall be pUnlshC'd upon com iction bJ the appropriate court b) Q {inC' n t exceedins; FII;e thousand peP5.000.00 or tmprtsonm nt nol ere eeding olle (1)
war. or both. III thf' discretion 01 the court ."

$0$

SEC. 10 . "iolalion of the Terms and Condition. o(lla~ EII"irolllMn/al Compliance Certificate.
An.> person who u II/full.\ t iolate or grosl./Y neglect to
abid b_,the terms and eondiuons of the cnuircn men tal
compliance ~rtl{iC'Otl' ,.~suC'dto Old person and 11,1111'''
couses ent ITOllmentat damage through pollution shall
$u/fer the penall.\ of Impn onment of.;;i., (6) montli s to
SIX 6 yrorsoraiineofFI{b
thou.;;alld peso (PSO,OOD.OO)
to Two hundred thousand pesos P200.000.00), or both,
at the discretion of the court

SEC. 109 llkgal ob"ruC'l;on to Government


Official. All) person u'ho Illegally precents or obstructs
the Secretary. the DIN ctor or an,) of their represcntatil'('S In the perfornuJllce of thtur duties tinder the prouiSIOns of this act and of the regulatums promulgated
her".
under shall be punished, upon concicuon, b.v the appro.

\"'1I1"1I1'H1N\'II'll~

. Ii Ill' \IIM1NIH'I'H'\'I'IVI':

"'''11,
1100'(""
,N,'" (I'.
.
,
. ( .. tI, ,,\' "'
"
IIIIIIt

"

I)

"\

.. /' I'
I.
lI"t

\, ill, "/ "","

,~ t

,"

I II

1It11 ,,\"t'I'jthllj.[

'/'II/lIIIIIII"lIt

Hil

pt'
011,'

"I th caurt"

"....
1'. ,
..' \'" I I\), () tI."., I .',u Ii'
Cli emit. ,\,,~, ."IIl'/" vlolotion
.,11 I ,'I 1111" "11 II" /
.

I II
"'ll

'I'

,lIIIII/'IIIt.,

/
"" 11/.

,',,,',', I nus.. """ """:1"",


"
"S 1,'( 0
I

I I I

'.

th 1111/,/"111"/11'

"Jr.l

,",',,,

I II I',

""''''II'g

,
rulc (//1(1rvgulution
"lI., 11I1/""/ltIhI., willi a [ine 1101
I I"'SUI> (I':I,O()O,OOJ ..

,.

,lhlllJ.[c'III"'/I/II/

II"t/,

1'",., thousand
.

"I""t/;IIH

I 'S"I.'I,tllI'

,.',

L.AW

'"

S"I'/"Iory
'

,~II1//lI.~S',,"

.,
liN III

,'S(I/It

"/

'N authorizvd

10

rvport "' accorda 11(,,'

I /"Rlllo//()II,~nrlhlsAI'I.

..

\ IH, VS, I-ANLILIO

2M Phil,
For ell' tuimi";III1'"tillC'

chClrclC".'

(u'

",.' .'.\"'1'.',1/.1.\,
mc'nt.

SOO
tlrdcr

It) h auo a pena!

IIC.,,,,t;.III, it ill tlC'("'lIlIary that till' stat.


muhc'lI it 110 'It,d prouide a punieb-

FACTS:
The (,FI Ill' PIIIllIlIlIlt:II l'1I11\'ldI.e! nccusod appellee for violation of Ad 17tH> IlIl11lMIIlIlt: till' (t'II11MPOl't of qunrnntined
ummals
without the p,'rIllIMI'ioll IIf IIll' HI'('n1tllry of Agriculture
He was
sentenced ttl pay II lilll' \\'11 h Rllhsi(hnry Imprisonment in case of
insolvency lind III PIlY I Ill' coats (If t rinl. 1 he accused filed the instant appoul cont endmg Ihilt IIIl' fncts alleged In the informntlon
and proved on tilt' Irill I do nul cnnst IIutu n vtolation of Act 1760 or
any portion t horeof

ISSUE:
tho ndmuustrnt ive regulut ion punishing transport
of quarantlned
unimuls Wit hout purmisaion of the Secretary of
Agriculture
ill involvod for lnrk of !ltnt.utory regulation?
Whl'tht'r

HELD:
Yes. StOt'Uon fl of Ad 17(iO suuply authorizes the Director of
Agrtculture
tu do certnm things, among them, paragraph
(c) "to

151

ADMINISTRATIVE

~U'''''l&at GlUmou wllleh

are

LAW

su(fonns from

dan~I'rc)II,~

[(1111/11(1'

'''coble d~
or hove been exposed thereto he> pia ('('d 11l uuaran'1M at such ploee alld for such time as may be deemed hy him
~BScII)'
to prevent the spN'od of the disease," :"\OWlll'l'l' 111 the
law. however. is the violation of the order of lilt' Burouu (If \~rI'
culture prohibited or made unlawful. nor 1:< there pnn ided .iny
punishment for a Violation of such orders
A Vlolatlon of the orders of the Bureau ofAgnl'ldllllt'
III! lilt'
thonzed by paragraph (c), IS not a \ iolutiun uf t hu proviainns of
the ~t, The orders ofOte Bureau of Agriculture, \\ hilt' t huy mny
POSSibly be said to have the force of In", lin' nut 8\011111'. lind
particularly not penal statutes, and 1\ violut ion (If 1l1l1'l1 ell'c1I'1'1I is
not a penal offense unless the statute itself llllllll'\\ IWH' nlllkl'll II
violatlon thereof unlawful and penalizes It. NII\\ IWn' in ,\\'1 No.
1760 IS a Violation of the orders oft he Bureau of :\gncull u n' Illlldl'
a penal offense, nor is such VIolation punished in any wny 1 hcrvinPEOPLE VS. MACEREN
'19 SCRA 450

The Sec,..'GrY of Agriculture ill powerles to


".,.oll .. ~kclro-fi.hin,
fie,. lIN I,...

.in('(' it i. not ban ned un-

FAC2'S:
Section 11 of the Fishenes Law prohibits "t he use of any
obnoxious or poisonous substance in fishmg." TIll' Secretary of
Agriculture and Natural Resources subsequently promulgated
Fisheries Administrative Order No. R4 prohibiting' electro-fishing in all Philippine waters, Said order was amended by A 0 No.
84-1. by instructing the ban agamst clectrc-fishinr; to fresh water

fishes.
The respondents. were charged for having violated A,O No
84-1. The complaint alleged that the five nccuscd used an electrocuting device locally known as "senso" til catch fiah through electric current. in the waters of Barrio San Pablo, Sta. Cruz The
criminal complaint was dismissed, The disrrussal was affirmed
by the CFI. Hence. this appeal.

OTHER

PRl!'IJ(.'IPLT.'S

l"n

Of' An~flNlSTR,\TlVl':

LAW

153

ISSUE:
Whe~he( A.O Nos 84 and 84-1, penalizing eledro-fishing,
d
are evot 0 any legal basis. and hence. invalid?

HELD:
Yes. !he
ecretary of Agriculture and Natural Resources
exceeded Its authority in issuing A 0 Nos 84 and 84-1 and that
those orde~s are not warranted by R A 1\0. 8512. The reason IS
that t.he Fisheries Law does not expressly prohibit electro-fishing. ~lOce electro-fishing is not banned under the law, the Secretary IS powerless to penalize it. Hence. A.O Nos 84 and 84-1 arc
devoid of any legal baais.
Had the lawmaking body intended to punish electro-fishing.
a penal provision to that effect could have been easily embodied
in the Old Fisberies Law?
The lawmaking body cannot delegate to an executive official
the power to declare what acts should contribute a criminal offense.
It can authorize the issuance of regulations and imposition of the
penalty provided for in the law itself. But a mere administrative
regulation is not legally adequate to penalize electro-fishing
Administrative regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law, and should be for the sole purpose of carrying
into effects its general provrsions. An administrative agency cannot amend the act of Congress. The rule-making power must be
confirmed to details for regulating the mode or proceeding to carry
into effect the law as it has been enacted. The power cannot be
extended to amend or expand the statutory requirements or to
embrace matter not covered by the statute. Rules that subvert
the statute cannot be sanctioned
THIRD REQUISITE: The said regulation must be published.
The publication of administrative rules and regulations with
criminal or penal sanctions is necessary. This requirement, however, is not necessary when the administrative rule or regulation
merely interprets the law being administered, 11> or when it merely

'''Vict.onas Milling Company Inc. vs. ~.

G.R Xo. lr167().1, ~Iarch 17, 1962

ADMINISTRATIVE

164

I.

furnishes the implementing


published.

LAW

details of another regulation

duly

VICTORIAS MILLING COMPANY, INC.


VS. SOCIAL SECURITY COMMISSION
G.R. NO. L-16704, MARCH 17, 1982
Cireulor No. 22 wa. iued merely to apprise
llao.e concerned employer.member. of the SSS, of
wlaGI.laould be included in determining the
".onllal, compen.alion of their employees upon
wlaiclathe .ocial .ecurity contribution should be
bued.

FACTS:
The Social Security Commission issued Circular No 22 on
October IS, 1958 expressly including all bonuses and overtime
pay in the computation of the premiums due the System. Petitioner protested against this circular on the ground that it contradicts Circular No.7, issued on October 7. 1957. expressly excluding overtime pay and bonus in the computation of the premiums. Petitioner questioned the validity of the circular for lack of
authority on the part of the Commission to promulgate it without
the approval of the President and for lack of publication in the
Official Gazette. These objections were overruled, the Commission holding that Circular No. 22 is not a rule or regulation but a
mere statement of general policy or opinion as to how the law
should be construed. Is the Social Security Commission authorized to promulgate Circular No. 221
HELD:
The Social Security Commission issued Circular No. 22 in
view of the amendment of the provisions of the SOCial Security
Law defining the term "compensation"; such exemption was deleted under Rep. Act No. 1792.The Commission has, therefore, to
interpret the effect of the deletion. Circular No. 22 was issued to
apprise those concerned of the interpretation of the law. It merely

OTHER PRINCIPLES OF ADMINISTRATIVE LAW

155

advises the employer-members


of the System ofwhat,lO the light
of th~tmendment
law, they should include in determining the
mont. y comp.ensalion of their employees upon which the social
securIty contrIbutions should be based, and that such circular did
not require presIdential approval and publication in the Official
Gazette.

2.

THE VALUE AND IMPORTANCE OF ALL THE BASIC


PRINCIPLES OF ADMINISTRATIVE LAW

The cornplexruaa of modern life and the mcreasing concerns


and responsibilities
of the government have led to the creation of
more administrative
agencies, bureaus and offices
In the process, the legislature had to create administrative
bodies specialized in their respective fields of assignment and
better equipped to adrmnistor properly and efficiently than the
legislature or the Judiciary. To promote a more efficient room for
management of its functions and responsibilitlea,
the said bodies
are vested with the power to promulgate rules and regulatioQ!;
and to resolve the issues submitted to them on the basis of their
factual findings and on their interpretation of the laws involved
subject. of course. to judicial review on pure questions of law.
The above-mentioned
principles as well 8S the rules of procedure promulgated
by each administrative
agency. are vital to
the orderly admimstrarion
of all government agencies, bure~us
and offices. Without the same. their primary function of _beIng
able to serve public interest and convenience will not be efficiently
and effectively handled.
In effect, they lessen the bulk and the bUJ"?en of our cou:ts
which have been and are still continuously being saddled WIth
clogged dockets and unresolved cases.

CHAPT R VIII

APPEAL FROM, OR REVIEW OF, 0 CIS ION


OF AN ADMINISTRATIVE AG NCY

TOPICS IN TIIIH ('IIAIJlI'F:1t1


I. R"lioffrlllll

wrthin

2.

th., rnMllllltlllllofll1Cl 11I1(1IcII.11,'v,.1


IIKClIICYc'IIIII'c''''III,1

Rolil.f u(l"r

1.1", IIclllli1l1l4111111VI'1I1{C''''

H""II
ClI 1111f

h,"11 V

1'1

the IIdnlilllllt,rlllivCl

3, enn the. rl'vlc.whlK c'ourt rc' C'XIIlIlIllI' IIII' "1IIlIf'I,1I11


evidllncl1 and rl'cl.ivl' IId,lit lunnl c.viclc'lIc c' 11.111IV,I"
milled to the. llcimlnilltrntiv,'
II"C'"I'Y ""IIC"'IIICOcl"
4. What ore the nthcr
by tho courtll?

til 11111
IIClI ""h
V

thlll IIII1V 1IC11 Ie.. 1111,., ','1",1

mllllor8

\\ II II

6. Aalluminl(
that 1111 order I" IlItc.rlncuICII.\', Ilf II ..., " II ".1 ... ,
avoilable
til a party ll"I(ri"vl'd by 1111111 killd "I 11111"1 ,
8)

Philippinl'

Airlirw".

Inc.

VII.

('lvll

A,'rnlllllllr .. IIlIIlId, :W

SCRA 727

6.

Appeal from, IIr rnviuw IIf, IIrcll'rll. 111'11111111 IIIHI cI"I'I"ICIIlII


the different
"X"cultVIJ dopnrt nll'lIll1, 1111re'IIII", IIl1d olllC"'"
a)

Philippine
Appoat,

b)

c)

Men'hllnt
(Ut

III

Mllrllll'

:-l..III)<lI, III r VII ('CIIII I cll


Nil, 1J 2H44, .lum 2, I !WIi, Ii 1 :-leA I) "'W

1101'011Sur

":I('ctric CUII''''ruttVI',
hu-. VII, Nllt 11111,11 1,'Ihlll'
Relationll
CommillKilln, (1.1(, Nn. I OH I tIl. "'c1hI'lUlIY I,
1995, 58 SCAD 679
Concerned

OfficiolK

of till' MI.t rUJlllhl

1111

WIlIlIl'wol'loe

SY8tem (MWSS) VII, VOKlJ1II'Z.C" III, <:.K Nil, IO!llla,tlllll.


25, 1995,58 SCAD 400

l'PE.Al FROM, OR REVIEW OF. DECISIONS


OF A~ O~Il:,\I$TRATl\"E AGEXCY

7.

15i

Should An order \)fPrt.'v~ntive suspension be nullified because


the S~rt'tar~
of Health IO$t his disciplinary power and author\t~ when the . 't'\\ Local Government Code took effect on
JanU81") I, 1992')
a)

S 'rE'tar~ of Health. et 0/. \"5 Court of Appeals. et 01..


c.a. '0. 112243. Ft.'h.23.1995.59 SCAD 270

The mechanics or the manner of appealing the decision ~f


the Commission on Audit is different because it is a constitutional body
9. What is the relief available
its lots?

10

against

NHA awards of sale of

Can the courts interfere with the Ombudsman's exercise of


his discretion to determine whether or not to file an information against an accused?

1~8

AUMINIS1'RATIVE LAW

DISCUSSION
1.

REl.IEF FROM WITHIN THE ADMINISTRATIVE


AGEN{'Y ITSELF

Unless otherwIse provided by law or executive order, an action


or dl'ClillOnoflowl'r admInistratIve authorities may be appealed. to,
or reviewed by, hIgher admmistrallve authorities or superiors ~Ike
tht~Department Head.' or to the Commission or Board en ba~c. In
fact, lin appeal need not be filed at oncc. A motion for reconsideration mav suffi('lto obtain desired changes in the decision so long as
no rigbts hI" e v('sted in the meantime and so long as they have not
passed beyond the control of the administrative authorities.

A ,""solutIon therefore of a labor arbiter, is reviewable by any


of the dIvisions ofthu National Labor Relations Commission, and
thtrellfttr. WhOl'Vl'r18 the IIggrieved party may appeal the ~~ci810n to the Commission E" Bane. The hierarchy of authontles
wlthin tho framework of the National Labor Relations Commls810nends hl'rt' The dt'cIsion of the Commission En Bane is now
appealable to the Court of Appeals. not to the Supreme Court.
unhke before.
Example
NOTICE OF JUDGMENTIDECISION
GREETINGS:
You are hereby notified that on
, JUDGMENT!
DECISION. copy attached, was rendered in the above-entitled
case
Under ArtIcle 232 of the Labor Code (as amended by R.A.
No. 6715) and pertinent provision of the Revised Rules of the
NLRC, no motion for reconsideration from saidjudgment shall be
entertained, but only an appeal. a notice of memorandum thereof.

'EO 292, Book VII, Chaplt'r 4, Sect,on 19.

'E.g. National Labor IWlatlons CommulIlIon, Securities and Exchange Com


mUllllon.National TelecommuDlcallollll C'.ommi88ion.

in five (5) type\\ritt.cn co . ~


ter or the Executive L pies m.u,.t be filed before the Lnbnr Artllcalendar days Upon r ab~r Arhbiter ofthl:; Ofl'ice 'within TE..' UlH
~
Ccel pt ereof,
An appeal:.haU be deemed
f
of an appeal fee PRO\TJ
per ected onl~ upon th ~ ~'11lt nt
a monetarv aw~rd a
OED, that in ease ofjud,!!IDt'nt m\ h"ltlg
only upon 'the
~ n appeal b~ the employer ma,) be perfected
po:-tJ~g of cash or 'uret~ bond I"SUOO b, NI ut _
ble and dul v accredited
b di
t th
-.
. on lng company, an amount equivalent
o e monetary award In the judgment appealed from
The
I
d.ecision of the Labor ArbIter:<: reinst ling dismissed
e~p oyee, In so far n the rein,.tatement I' concerned sh
unmedlat~l~ be executory. e ..en pending appeal The" m t rms and
conditions prevailing pnor to hi di nu
1 or se rnu n at the
option of the employ er; merel~ rem tatoo an th ~ roll

Quezon City, Philippine ..,

2.

RELIEF AFrER THE RE.

ournox

LEVEL OF AUTHORITY I'


AGENCY

OF THE HI .HE~l'
Hl-: DMl~'ST ,'l\'''

CONCERl".'ED

What relief I~ n, ailahle as agamst an


an administrativ e bureau, agency, or office
It depend!'. If the Iaw that created lh said adtmnistrativr
bureau. agency or office provide ...for n ppeal s w ell stbe procedure and the requtsue .. for taking that ppeal, th speeifie relief or reliefs provided for in WI' law usc If (""n be bt ined Iftn(!
law does not prov ide Ior an appeal, or for judicial rehl'f or re\"1~' .
the questioned deci ..ion can nev ertheless be th(' "ubj~t of Judicial review under Rule 65 ofthe New Rul ,. of Court on the ~und
oflack of jurisdiction. ~a\'' abuse of dis reuon emounung t 1
or excess of jurisdiction.
Rule 65. Section 1 of the Rev l ...
ed Rules of C urt prondt,
follows:
"Section J. Petition for certiorari - \\ h(,n 0n.:.\ tnbunal, board or officer C\"(!1'CI .;11Ig judicial.functi
n:- ho.acted without or rn excess of It, or hr" Jun"dr Ir ':

It!'

160

AIlMINIS',

nATIVE LAW

with grave abuse uf discretion amounltng to lack or ex


ees ofJurlsdU:lwn and there III no appeal. nor any plain,
speedy, and adequate remedy IfI the ordllwry l'OUr!'P of
law, a pl'rson aggrieved thereby may [ile a uerlfu'd p,l(l
lIOn In the proper court, alleging IIzI' {acts with certainty
and praYing that Judgment be rendered annulling
or
modifYing the proceedingsoflwclz
tribunal board or of
[icer; and granllng such incidental reliefs as law and
justice may require.
The petitIOn shull be accompanied by a certified true
copy ofthp Judgment. order or resolution subject thereof,
copie of all p[,mdingH and dO('Umeflts releuant and pertinent th('r('to, and a SWorn cvrtificouon of non forum
shopping (Is provided ill the third paragraph ol'Secuon

.1. Rub 46.

Prior til Judiciul review IIf said ndrn inistrat] ve decision,


ever, It iH fI'quirl'd IIH u rule:
I.

Thut th ndminilltrutiv('

2.

That all thl' adminilltratiVl'


huuHlId.

pleted: and

These requlfl'mentH
ing inatunces:

act.iun has already


remedies

how-

been com-

have

been ex-

need not be complied with in the follow-

1.

When the qU('lItion involved ill purely legal, or where


the questioned net is patently illegal. arbitrary
or opprcHlllvC;3

2.

When there ill an urgent nel'd for judicial

3.

Wh('n the administrlltiv('

4.

When the claim involved is small;"

5.

Wh~n irroparnble

intervention:"

body is in estoppcl;&

damage will be suffered;

'Kllullllnll BRYnn "" "Rllllhnllkod nil mllll Mol(tlhndll ng Dngong Pamilihang


Bllynn nil MuntinIU"Il. j', III. V". lloIlIlIlKUIl1.. (l.R. No. 85439. Bunye et at, VB.
SnndlillnbllYRIl. O.lt No. IIlfl27 llInullry la, 19112.
'.
'Aquino VII. l.unl(lk, IM4 SVItA 177.
"Tan VR. Vc.....rnns Hnckpay ('ummillHion, 105 Phil, 377.
"CIpriano VI. MIlfl'Illinll. 4a SeRA 291.
'I)" Larll VII Plaribel, 14 SCRA 269

APPEAL FROM. OR REVIEW 01<'.DECISIONS


OF AN ADMINISTRATIVE AGENCY

6.

3.

161

\Vdhenthere is no other plain speedy and adequate reme y:8

7.

When strong public interest is involved:", and

8.

When the subject of controversy is a private land."

CAN THE REVIEWING COURT RE-EXAMINE THE SUFFICIENCY OF THE EVIDENCE AND RECEIVE ADDITIONAL EVIDENCE THAT WAS NOT SUBMITTED TO
THE ADMINISTRATIVE AGENCY CONCERNED?

As .n rule. factual findings of adrnimstrative agencies will


not be disturbed by the Courts except in the following cases:"

4.

1.

When it

2.

When it is vitiated by fraud, imposition

3.

When the procedure which led to the factual findings is


irregular;

4.

When palpable errors an' committed:

5.

When abuse of discretion, arbitrariness


ness is manifest

IS

not supported by substantial

evidence;
OJ'

collusion;

or capricious-

WHAT ARE THE OTHER MA'JVI'ERSTHAT MAY NOT BE


INTERFERED WITH BY THE COURTS?
1.

Purely administrative and discretionary functions may


not be interfered with by tho courts except ifan agoncy
or official concerned has acted arbitrarily and with grave
abuse of discretion. I~ Exa mple. Power granted to L1'FRB
to grant prOUISIOnall1lcrcmw

2.

III

transportation

(ares.

Appeal to the courts will not lie from an inter-locutory


order. Example: Order ()( NLRC to set a motion (or exccutlOTl for hearing by tire Labor Arbiter a quo.

"N ti nnl Development


CO. V>I. Collector of CUNlom6, 9 SCRA 429 .
A~:
Tnmsporwtion
Corp. VII.Boord of'I'ransporlation,
63 SCRA 193.
IOMorro~o vs. Court of App~31N, G. R No. 96605, May 8, 1992.
"AngTlbllY vs. eIR. supra; AlcjRnd;o VN. ~ourl of Appeals, 191 SCRA 700; NCR'
tit" Philippinc~. Inc. \'6. Court of Appeals, 203 S( RA 504 (1991)
l2St"autlfont vs. Court of Appenl, 157 SCRA 481 (988).

INC. vs. CIVIL


BOARD
'WI

APPEAl. FRO\I 01{


OP A~
,~EVIEW OF. DECISIONS
. An\11~ISTRATI\'EAGENCY

163

The claim ho ....ever th


h
was not sURlnincd fi th
at t ere was violation of due process
has the power to or
den was nOllce and hearing. Besides, CAB
I~ ue env ame d
.
1
.
suspend or revoke in' 'h v s
n . revise, a ter, modify, cancel,
has
i
d.
,Vi
ole or In part the temporary - permit it
as Issue
8.

APPEAL

FROM. OR RE\'1E\\' OF. ORDERS. ACTIONS


OF THE DIFFERE..""T EXECUTIVE DEPARTMENTS. BUREAUS A.'~ OFFICE

AND DECISIONS

MERCHA~"r~1ARI~E SCHOOL. INC.


VS. COURT OF APPEALS
G.R. No. 112t444. ,JUNE 2, 1995

PHILIPPIN}O;

61 SCAD 720

A. long a. the partit'll uere gicen opportunity


to be heard before the [udgment u'a rendered, th
demand. of due process icere Itufficitnlly mel.

FACTS:
Despite prior dl npprov nl of petitioner's reque t for renewal
of permit to operate. the DE ""S Inter- \. eney Technical Committee (lATCOM) recommended the grant of permit to the school in
1987. provided that It improve It buildings, laboratory and library facilitie before the tort of school lear 19.,719 8. Petitioner continued to fail to improv e at elf an 19 "
In 1989. the TPME DECs Technical Panel for Maritime
Education) recommended the gradual phase-out of the courses In
Bachelor of Science 10 ~1or1ne Education and eventual closure
should the school fall to meet rmmmum -,tandards.
On August 19h9. despite another inspection, the inspection team reiterated the recommendation for the gradual phoseout of the school and for the non-acceptance of freshman beginning SY 1990-1991. DEl'S approved and implemented the recommendataon and accordingly issued the phase-out order. Petitioner
moved for recont'idl'rataon. When motion \\8S denied, it appealed
to the Office of'the President While the appeal w as pending. DECS
issued a closure order dated August 27.1991, effective the second
_me.ter
of SY 1991-1992 Petitioner moved for reconsideration

ADMINISTRATIVE LAW

164

of said order of closure. While the said motion for reconsideratlOn


was pending m the DECS, the Office of the President dismisF..ed
the appeal filed earlier. Again. petitioner moved for the reconsideration but the same was denied.
Due to the denial, petitioner filed a petition for certiorari m
the Court of Appeals on the following grounds: (1) There was violation of due process because the basis for the affirmance of the
DECS phase-out and closure orders was not sufficiently disclosed;
(2) that it had pre"ented incontrovertible proof that it had introduced substantial improvements on its facilities for the past two
and a half years,
The Court of Appeals denied the petition as well as the subsequent motion for reconsideration.
Hence. a pelltion for certiorari was filed by the petitioner to
the Supreme Court faulting the Court of Appeals in not -etting
aside the questioned resolution which was allegedly rendered
without due process since it is not fully afforded opportunity to
present evidence, and was not sufficiently informed of the basifor the closure orders which were not yet final and executory.
ISSUE:
Was there a violation of due process? Is the closure order
valid? Is the ba. is of the affirmance of the DECS' phase-out and
closure orders disclosed to the petitioner?
HELD:
Before the DECS issued the phose-out and closure orders,
petitioner was duly notified. warned and given several opportunities to correct its deficiencies and to comply with pertinent orders and regulations Petitioner has gone all tbe way up to the
Office of the President to seek a reversal of the phase-out and
closure orders. There it; thus no reason to complain of lack of opportunity to explain its Side as well as to comply with the alleged
deficiencies." As long as the parties were given opportunity to be
heard before the judgment was rendered. the demands of due process were sufficiently met.15 It should also be noted that petitioner

"Soard of Medlcsl Education ''8. Alfonso. 176 SCRA 304 (1989).


"undo"
COMELEC. 194 SeRA 25

APPEAL F'RO~i. OR REVIEW OF. DECISIO:-;S


OF A." ADMC\lSTRATIVE AGE~CY

165

het't'.1n repeatedl, sought reconsideration


of the various orders of
responde~t DEC ~ and its motion were duly considered by respond~nt DEC:s 00 lh~ extent of allowing and granting its request for
J'e-ln!'pection of lls prernises,
The iPha~e-out and closure orders were based not only on
peutione.r's deficiencie:- as a maritime institution but also on its
c:onunut>d operation without the requisite authorization from th
DEC~ and acceptance of freshman students in blatant violatron
of the Iatter's order and/or persistent warnings not to do so. Verlty, there are sufficient grounds to uphold the phase-out and closure orders of the DECS w hich were issued conformably wi th Sec.
of the Education Act of 1982.
In the case at bench. it is not the function of this Court nor
any other court for that matter - x x x to review the decHHons
aDd orders of the Secretary on the issue of whether or not an edu~uonal instij ution meets the standards required for permission
to operate and to continue operating as such. On this question,
DO Court has the power or prerogative
to substitute its opinion
for that of the Secretary. Indeed. it is obviously not expected that
an~ court would have the competence to do so.
(LOCOS SUR ELECTRIC CORPORATION, INC.
VB. NATIONAL LABOR RELATIONS COMMISSION
G.R. No. 106161, FEBRUARY I, 1995
58 SCAD 679

Untkr Section 10 of P.D.No. 269, as amended


by P.D. No. 1645, the National Electrification Ad.. i"i.trotion htu no power to hear and decide ter_"G1ion ctue. of employee. in electric corporatioIu. That authority is uested in the Labor ArbiRr.

FACTS.
Engr. Egdon Sabio, Manager of the Engineering Department
of the Ilocos Sur Electric Cooperative (lSECO) was dismissed on
July 1, 1989, by virtue of ISECO's Bond Resolution No. 63, S.
1889. dated July 19, 1989. He was placed under preventive suspenSIon without pay effective July 1, 1989.

ADMINISTRAT

IVELAW

166

'llegal dismissal wi th darn.


.
d a complaint for I of Labor. The Labor Arbi.
Engr. Sabl~ ~le in the Department d ISECO to reinstate the
ages against petItIoner
Sabio and ordere
e decision.
ter ruled in favor of Engr. ISECO appealed th
latter with full backwages.

ISSUE:

the case of En gr. Sabio?


. . diction over
Whether NLRC hasJurtS
f ISECO dismissed Engr
Whether the Board of Directors 0
Sabio in accordance with law.

HELD:

.
269, as amended by ~.D. No.
Under Section 10 of P.D: ~o. and control over electric coop.
1645 only the power of supervIsIon
. ed or controlled, is given
eratives and other borrowers, SUP~I~IS which provides that the
to the NEA. There is nothing in sal a~
and decide terrniria,
NEA administration has the po~er to
es That authonty is
tion cases of employees in electrIC coopera IV .
vested in the Labor Arbiter.
. I arose from a purely labor dispute which falls
Th e dirsmtssa
within the original and exclusive jurisdiction of the Labor Arbiters and the NLRC.

e~:

CONCERNED OFFICIALS OF THE METROPOLITAN


WATERWORKS SYSTEM (MWSS) VS. VASQUEZ, ET AL.
G.R. No. 109113, JANUARY 25,1995
58 SCAD 409

The deci.ion to accept or reject a bid and


award contract. i. veded in the government agencie. entru.ted with that function. Neither the
Court, nor Congress, nor the Ombudsman should
interfere in the exercise of said discretion which
i.a policy decision, unless it is apparent that it is
u.ed as a shield to a fraudulent award
FACTS:
MWSS published its invitation for pre-qualification and bids.
Fourteen (14) contractors submitted applications to the Awards

,\1'1'1-:'\1. ~'RO~I. OR RJo:\'II:;W OF. DECISIONS


O~' AN AU:\IINISTRATI\'J:;

167

AGENCY

l'lllllnlltll'"
for Construction
Services and Technical Equipment
\PBAC l'~'l'E). After evaluation, only eleven (11) were pre-qualified til bid.
Mennwhile, between February 10 and March 24, 1992, former
MWHH Adllllllistrator
Luis Sison , itlsued six (6) .addenda to the
hludin~ documents that embodied some suggestions
of respond"lit Philippiue
Large Diameter Pressure Pipes Manufacturer's
ASlltlclIItion (PLDPPMA)
Ant'l' the three lowest bidders for ProjectAPM-Ol
and APM02 were known, PBAC-CSTE recommended
the rejection of all
bid !I lind to conduct n re-bidding because of ambiguity of Addendum Nil, Hof t he bidding documents, lack of provision for rnaintenance/repuir
materiuls for bidders who opted to use fiberglass
reinforced pipes, and tho use for 1\ further review of the pipe desil{n by the cousultunt, NJS
Finnlly, on Juno Hl92, PBAC' CSTE submitted to bid ovaluation report It recommended the second lowest but complying bidder, FF Cruz and Co., Inc for AP1\tOl.
Meanwhile. on April 7, 1992. PLDPP~lA, private respondent, through its President, filed 11 letter-complaint
with the Of(jet' of the Ombudsman protesting the public bidding on APM-Ol
and APM-02, charging that there was an "apporent plan" on the
part of the MWSS to favor suppliers of fiberglass pipes. and urging the Ombudsman to invcatrgntc till' complaint and hold in abeyance the uwurd of the contrncts.
The Ombudsman.
in it s order doled October 19, 1992. direeted the Board of Trustees of MWSS to set aside the recommendation of PBAC-C'STE. MWSS moved for reconsideration
but. it
WIlR den it'd.

ISSUE:
Can the Ombudsmnn interfere in the adjudicative
bility of the MWSS Board of Trustees?

responsi-

HELD:
The MWSS. a government-owned
and controlled corporation
created by law through RA. No. 6234, is charged with the construction.
maintenance
and operation of waterworks
system to
insure an uninterrupted
and adequate supply and distribution
of

"l)MI:"J1STAA

168

'I'I\'L' 1"\\"r.

. that ~h()uld be in tho hplll P'16ili1Jll


potable water. It IS the agenc) h
0 cction of the hidd""ti
lind 1
to evaluate the fea~lbihty of t e ~~h!}'t development
plan8 'I'j (I
decide which bid is compatible w~. 'ci""cislOn that rwc"88i;at I,.
exercise of this discretion IS a p~ ICY, t ~tigntion eompu, III "H,
hi
rior Inquln. mves
.
Oil,
among ot h er t ings, p
t ,thnt cun ht.,.,t 1)Il .1'

d d e lib
tion - mat ers
uiR.
eva I uation, an
I era
I ti
No 32-93 to hk _
charged bv it. ~JWSS has pUl'!-'cdReso u ~on .'.
.
,"Wlfj(,
.'
I
f
th
t
ehnical
speCificatIOn:;
fOI
hh(
tglUB"
Sh ow Its approva
0
e t
".
All these should deserve weight.
NOTE: This affirms the decision of the Supreme
Rozon, Inc. us. PPA,' thus:

Court in

x x x we have said that neither this Court nor Congress Hnd


now perhaps the Ombudsman. could be expected ~()huvc the til~e
and technical expertise to look into matters of this nature. Whll(l
we cannot go so far as to say, MWSS would have the monopoly of
technical know-how in the wutt'rwurks system, by Ow vpry nu.
ture of its functions. however, It obviously must enjoy the udvan.
tage over other agencies on the subject at hand.
Likewise, this affirms the d('cl~ion in Felipe YSIII(lel. Jr. and
Co., Inc. LS. Deputy EXCClltU I' S: crclar,}'.11
The decision in Bureau Yeritas (IS. Office of IIIf' President., 18
emphatic The Supreme Court said'
"The discretion to accept or reject a bid and award
contracts is vested In the Government agencies entrusted with that function, The discretion given 10 the
authorities on this matter is of such wide latitude that
the Courts will not interfere therewith. unless it is used
as a shield to a fraudulent award."
7.

SBOULDAN ORDER OF PREVENTIVE SUSPENSION BE


NULLIFIED BECAUSE THE SECRETARY OF HEALTH

WST HIS DISCIPLINARY POWER AND AUTHORITY


WHEN THE NEW LOCAL GOVERNMENT
EFFECT ON JANUARY I, 19921

CODE TOOK

No. The jurisdiction acquired by the Secretary of Health be.


fore the effectivity of the Local Government Code on January 1,
"151 SCRA 233
1905CRA 6;.,

APPEAL FROM OR
OF AN AD~1JNI~i~'~EW OF, DECISIO::-iS
",nvE AGE.\;cY

1992. continues
case.

until the fi
loa

I di
IS

169

't'

POSI

Ion of the ~nistrative

SECRETARY OF II
OF AP:~H,
ET AL. VS. COlJRT
G R No
S, ET AL .
. ,
.112243, FEBRUARY 23,1995
59 SCAD 270
Jurisdiction

once a
.
.
c.qulred by a court Ollera
the ca.e, unles.' th '~ unlrl th~ full termination of
e ow provIde. the contrary

cast> remain. u'th

FA.CTS:
.
~or gross misconduct and dilihonesty, Fe Siballuca. Administrative Officer. III of the PrOVincial Health of Cagayan. was
placed under a nmaty (90) day preventive suspension She instituted an act ior, to nullify the said order of suspension claiming
that when the New Local Government Code took efTect on January 1, 1992, the Secretary of Health had lost his disciplinary power
and authority over her, considering that such power of the Provincial Health Office is no' v vested in the Provincial Governor.
The Secretary of Health moved to dismiss the action and to
quash the temporary restraining order obtained and opposed the
issuance of a preliminary injunction, contending that the private
respondent had failed to exhaust administrative remedies and
that the New Local Government Code did not divest him of his
disciplinary jurisdiction over the private respondent.
The trial court ruled in favor of Siballuca and issued an order for execution of judgment.
Petitioners moved for reconsideration but was denied. They
filed a Notice of Appeal with the court a quo and. moved to stay
execution of the asserted decision. Both were dented.
Petitioners
filed a Petition for Certiorari and Pr~hib.ition
under Rule 65 in the Court of Appeals but the same ~va"dismissed
on the ground that the petition could not be a substitute for a lost
appeal.

ISSUE:
Is the decision of the Court of Appeals correct?

ADMINISTRATIVE LAW

170

HELD:
No. At the time of the commencement of the administrative
action, the operative laws are the Administrative Code of 1987
and Executive Order No. 119. Under the said laws, the Secretary
of Health exercises control, direction and supervision over his ~ubordinates, which include private respondent. Consequently, sInce
jurisdiction has been acquired by the Secretary of Health over
the person of private respondent before the effectivity of the Local Government Code on January 1, 1992, it continues until the
final DISPOSITION of the administrative case.
Jurisdiction once acquired by a court over a case remalOS
with it until the full termination of the case, unless a law provides the contrary. Respondent, a civil servant, cannot use the
courts of justice as a shield to prevent the implementation of administTative sanctions of executive agencies against erring public servants.

8.

THE MECHANICS OR THE MANNER OF APPEALING


THE DECISION OF THE COMMISSIONON AUDIT IS
DIFFERENT BECAUSE IT IS A CONSTITUTIONAL
BODY

Both under the 1973 and 1987 Constitutions, any decision,


order or ruling of the Commission on Audit may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty
(30) days from receipt of a copy thereof.
The same is true with respect to any decision, order or ruling of the Commission on Elections and the Civil Service Commiseion."

9.

WHAT IS THE RELIEF AVAILABLEAGAINST NHA


AWMIDSOF~OFITSLO~?

An action to annul awards of sale of its lots should first be


filed in tl 3 National Housing Authority. Thereaft.er, an appeal
may be filed in the Office of the President within thirty three

ItOl'oeio

Commission on Audit. et al. GR No. 75959, August 31, 1992,


Civil Service Commission, G.R. No. 93500, February 5, 1991,
va. Commiaaion on Audit, G.R. No. 97071, February 27. 1992.

ManalaRlaD,
Villan_

VI.

VI.

APPEAL F~OM, OR REVIEW OF, DECISIONS


OF AN ADMlN1STRATIVE AGENCY

(33) days from receipt of the NHA decision awarding the lot to
another party. Afterwhich, the aggrieved party can go to the Courts
under Rule 65.'9
The old case of Raymundo us. PRRC

10

had this ruling:

"Th~ power to dispose of the lands placed under


~he admInIstration
of Philippine Homesite and Housl~g. Corporation is lodged in said body. There is no provision of law authorizing courts to review decisions of
respondent PHIIC and to take cognizance of actions to
annul awards of sale or any other actions made by It
pursuant. to the aut.hority granted it by law. If the courts
are to take cognizance of cases Involving errors or abuse
of power exercised by the respondent PHHC, the remedy would be by means of an action for certiorari or prohibition to set aside the orders of decisions of the respondent PIIllC, and not a direct action for spectflc performance as tho one instttutcd In this case. But this
special civil action would not. he unless there is an allegation of abuse of discretion of lack of jurisdiction."
10. CAN THE COURTS INTERFERE WITH THE OMBUDSMAN'S EXERCISE OF HIS DISCRETION TO DETERMINE WHETHER OR NOT TO FILE AN INFORMATION
AGAINST AN ACCUSED?
GENERAL RULE
The Ombudsman having authorized the Special Prosecutor to investigate the charges, and we cannot assume that
the former acted without any justifiable cause, the latter is
and should. at this stage, be the proper adjudicator of the
question as to the existence of a case warranting the filing
of an information in Court. To deny said functionary of the
opportunity to discharge such duty through this prohibitory
recourse. under the obtaining circumstances herein before
explained. would be violative of settled rules of crirmnal pro-

'.Swan,,,1 al. VH Court of Appeals, G R No 97319: Swan, ct al.


G.a. No. 101054, August 4. 1992.
"'114 SCRA 717.

V8

Abesamis,

AhNINIHTR

TI\!oi I.I\Yo

aDd would, in .fTf!Cl",ant a"

_UN

an iDYelUptive pl"OCMdin,

1111111111111
\ 1'\

l'lI

flHl\llIflt

uc.Pf'ION
I e.P&If the... i. a m,.apprOhtllllllllll

111')11111111'

IIl1d fill

couna

have to Itlp in to pnwenl the rt'I.II'"III.'"18 1'. Hili IIIIi II.~


oppr"IIt1, 111111I'CIIII'I'II II II
member of the democratic Oppo81tlun III I hu I'hdl fI 1'1 "",.
... Inlt whom an inrormatlon for lluhvt'rllwII lwei hl'I'" I" ..d
The petitionen, Fernando and Mllllm, 11111 hv lin ""'IIIIK, "JI
poaiUon men who nled to he n'(lcu~d rrlllll "fill' II nil 111111" III'

the Iron arm of th, law to haral"

thela.

118Mbreno va. D.puty Ombucbman, G R No 97289 Murch <! 1 I!)!JI' 'Ii.hall'


Caod.'W va. VuqUl'll, 0 R. No. 97127, March 12, 1991'
"

1711

(ili!'~ ot the last pleac/l1Ig, brie], or memorandum re


<l1I.'re.d by the rules of tlu: ('CUII/IIISSI()I/ I1r by till' ('0111
IIIISSWII Itself, Unless oth<'I'WIHt' prouuled by tlu COIIHtl
1~If/()II ?r .by law, allY tlecisinn,
order, or ruling o( each
be brOUlfht to th Supreme' ('OIU't oil
CI'rtl.()rOf'/ by the aggrieued party withill thirty dav (1'0/11
receipt of a copy thereof.
(llIllIllISS!()1/

Section

may

8. Each

other [unctions

1.

COlllmisslO1I

as may be proulC/ed

sh all perform such


by law.

CIVIL SERVICE COMMISSION, COMMISSION ON (l;LI<X;TIONS, AND COMMISSION ON AUDIT ARE lNDI<;PENDENT COMMISSIONS

The said commi!:lsioos art' independent


conatitutional
bod
ies. This indcpondoncs is guaranteed by the express wording of
Section l , Article IX, particularly
the phrase "which shall be in
dependent."
What speciflcally are tho guarantees
stitution to said commissions?
The Constitution

provided by the Con-

provides for the following guarantees:

1. The Members of the Constitutional Commissions cannot be removed from office except by impeachment.'
2.

The powers conferred to each of the said commiaslcns


cannot be withdrawn 01' reduced by statute."

3.

The term of office of the Chairman and tho Commissioners is seven (7) years without re-appointment."

4.

Their term of office are staggered in order that the


majority of them may not be appointed by the same
President."

5.

They may not be re-appointed


ing capacity"

'Article Xl, Section 2.


Article IX (B), (C), and
'Ibid.
flbid.
"Ibid.

(0).

or appointed in an act-

ADMINISTRATIVE

LAW

176

d b law and shal1 not be de.


Their salaries are fixe
y6
6. creased during their tenure.
7
.
ioy fiscal autonomy.
7. All the said commissIOns enj
leate it
. may promu gate I s Own pro.
8. All the said commIssIons
cedural rules."
9. All the said commissions can ap~o~~t t~~ir own officials
and employees in accordance WIt aw,
1.O

.
nd members of all the said commissions
Th e Ch airman
ad'
hibi .
are subject to certain disqualificatIOns an 10. 1 ItIO~S
so they will not be distracted from performing their
duties and functions. III

11. All the said commissions are independent.'!


12. All the said commissions are created by the Constitu.
tion and they may not be abolished by statute.'!
Rulings and findings of facta of said commissions cannot be
disturbed by courts of justice except when there is absolutely no
evidence or no substantial evidence to support the same, and said
ruling may be reviewed by the Supreme Court only in a petition
for certiorari, and only questions of law may be raised in such a
proceeding, including grave abuse of discretion.P

CODE:
SEC. 1 -

Guarantees independence of said commissions

SEC. 2 -

Prohibitions to members of constitutional


missions

SEC. 3 -

~ixes the salary of the Chairman and Commissioners

SEC. 4 -

Grants power to appoint officials and employees

'Section 3, Article IX(AI.


'Section 1i,lbld.
'Section 6, IbId.
"Section 4, Ibid.
'Section 2, Ibid.
"Section 1,lbld.
"Section t,lbid.
''Torralba vs. COMELEC, G R. No. t05602 D
, ecember 3, 1992.

com-

AD~II:\tSTRATl\'E AGE~CIEs CREATED


BY THE CO:\STITliTIO:\

2.

177

SEC. 5 -

Guarantee ...fi:,cal autonomy

SEC. 6 -

Grant:-. power to promulgate rules

SEC. 7 -

Each commi":-lOn :-h811decide b) a majority vote


of all its member::-

SEC. 8 -

Other functions n::-may be provided b) law,

SALARIES. TERttl OF OFFICE. PROHIBITIONS AT A


GLANCE
SALARy

TERM OF Of ' rtcs

Annual ~alnr)
Chairman
_

of the All the members of the


1'204, "nld Con"tltutlonnl
OOO.OOH
('omml:>:llon:< arc nppointed
b) t hl' PrcsiAnnual lillian' of the
dl'nt
....
i
th
the eonscnt
Me mbo rs
of the Commi sion on
P1HO,OOO.OOI6
Appomtment<:
for a
The said snlanes ma~ term of sev en (7) years
not be decreased duro w it hout re-appomting their commuanee ment
In office.
How c\ er, thC') \\'111not
REASON:
So they vacate their offices at
will be relieved from the same umebeeause
whatever
pressures
of the constrtutional
the members of Con- prov I Ion ,taggenng
gress may exert on their terms
them,

HOW

Section 17. Art.dl' X\'J II


"Section 17. Ibid
"Section 1(2), Article IX(B
"Section 1(21, Ibid:
lISection 2, Amell' IX(A).

(3)

THIS

DUring his tenure, 1\


member of said cornmrssrons: (a) shall not
hold anv other office or
employ meut; t b) shall
not el\lm~e in tht' prucuce of an) profession
or in thl' acrlve man8!:E'mcnt or control of

a~' business \\ hich in


nn)

\\ 8~ rna)

be nf-

Ieeted by the functions

of hi>. office; (c) he


'hallnotbelinnnC'1811~
interested, directly or
indirectly; In any contract with, or In an)

franchi ..e or privilege


granted b) the 1:0\ ernDOllt"E?
mem, any or it" subOf the eomrms
division s, agencies or
"loners fir"t appointed
instrumentaliues, int he Chairman
"hall eluding 1;0\ ernmeruhave a term of seven (7) 0\\ ned or controlled
\1!J1rs,the second of'five corporation", or their
(S) years, and the third subsidiaries 1$

of three

IS

PROHIBITIO~S

years

178

3.

MECHANICS OF STAGGERIN

G TIlE TER.'IS
. .

term of one Coroml!>slOner eXPir(:


Every two l2) years,. the d C rnmissioners. If a vacancy
.a
OC
leaving behind two expenence . 0 d to fill up tbe vacancy "h ,'
h
.,
appoInte
aI
curs. t e commissioner ~o
f the predece:;sor.
serve only for the unexpIred term 0
lj

4.

~ ~~y

HALL BE APPOI1'lTED OR DESIGNATEn


OR ACTING CAPACITY

The last sentence of SectIon 1(2), Articl~ IX B) s~tes: *In no


. ted or desIgnated. In a tem Pocase shall any member be appotn
.
. ~ U n d er thiI~.
.. rule the President
DIaJ... DOL
rary or acting
capacity.
..
.
.
e of the CommISSioners a te
fill up a vacancy by deslgnatJOg on
mporary Chairman.

BRILLANTES VS. YORAC


192 SCRA 358
FACTS:
Commissioner Haydee Yorac, then an Associate Commis.
sioner of the Commission on EJections, was designated by Presi.
dent Corazon C. Aquino as Acting Chairperson of the Commis.
sion because the regular chairman was appointed to another position in the government. The petitioner challenged the designa.
tion invoking the prohibition that "no member may be appointed
or designated in a temporary capacity."
ISSUE:
Is the said designation valid?

HELD:
The Chairman and the Commissioners of the Commission
on Elections must be extended permanent appointments by the
President but such appointments shall have the consent of the
Commission on Appointments. The President has no power to
designate a temporary Chairman. This prerogative may be exercised by the members of the Commission on Elections for they
may. by a majority vote. designate one of them as temporary chair-

ADMINI TRATIVE AGENCIES' REATED


U'i THE CONSTITUTION

man pending th nppolntment

Presid nt
6.

of a permanent

179

chairman by the

WI,TIfIN "'HAT PERIOD lUST A CA E OR l'ttATIER BE


DECIDED BY EACH COl'tDtI SIOl'?
ecuon 7, ArtIcle IX(A) answers this question. thus:
"Section 7. Each Commuswn shall decide by a
mOjonty "ate of all its Atembers an~ case or matter
brought before It u ithin sixty days fr~m the date of it"
~ubmlssron for decision or resolution. A case or matter
IS deemed submitted for decision or re elution upon the
filing of the last pleading, brief, or memorandum required by the rules of the Commie Ion or by thc Comml ston Itself. UnlC8s otheruii e provided b> this Constitution or b>law, any decisum, order,or ruling of each
ComTTIlSSlonmay be brought to the upreme Court on
certiorari by the aggneved part;, within thirty day from
receipt of a cop:>thereof;"

6.

DECISIONS ARE MADE BY THE SAID CO:\t!\tlSSIO~S.


NOT BY THE I~'DMDUAL !\tE~mERS OF ~AJD COMMISSIONS

The reason for lhi j,. becau e said con titutionnl eommissions are collegial bodie ... The en es pending In ..aid commi ..ions
should, therefore, be decided -by a majority vote of all Its memo
bers and Section i fixe a period of ,.h;t~ (60) days from the date
of its submission within Yo hich to make that decision.
Again, the sixty (SO)-day period IS counted from the filing of
the last pleading, bnef or memorandum required by the Rules of
the Commission or b) the Commission itself;

7.

DECISIONS, ORDERS. OR RULI.:SGSOF THE CONSTITUflONAL COMMISSIOSS MAY BE BROUGHT TO THE


SUPREME COURT ON CERTIORARI

The aggrieved party has to file a petition for certiorari within


thlrty (30) days from receipt o~s~id d~ci5ion. or~er or ruling. This
petitlon IIi actually a special civil action for certiorari under Rule
65 and, therefore, the ground or the issue to be brought to the

lRO

L_..1 to .n-ave abuse of dlScr;ti~_


Suprem~ Court for deeision IS hmn.~u ""..~-ofJuri:-diction. ~
amounhng to lack of juns dIt tiIon or exces",
.
if be gra\'e abuse of di;...c-e:tJ.o
There 1S lack of Junsdlcb?n I ~ manner. E"XC"e.o;", ofJllnsdie.
was done 10 a eaprieieus or whimsi . .sciiction but It has en
bon presupposes that the court ~as J~;ercise thereof."
era
stepped the permissible bounds 10 the

~.~ers

It IS now settled that ID pro\;ding that tbthed~on.'"


be b ught to e eupreme """Ilrt
or ruhngs of COMELEC "may
ro
. 1 IX i\ SeC'tl
_
on certloran;
the Constitution in Its Artie e d R )' ~_ on I
means the special civil action for certiorari un er u e b<> :::'ection 1
For this reason, the aggrieved party mU5~fir",~~le a motion
for reconsideration before the petition for certloran b brou!='ht to
the Supreme Court
REYES VS. REGIONAL TRIAL COURT, ET AL.
G.R. NO. 108886, MAY 5, 1995
61 SCAD 44

FACTS:
After the May 11, 1992 synchronized elections, the MuruClpal Board of Canv assers proclaimed Aquiles U. R~.\~" .." the ..th
wlIlDmg candidate for the position of member of'tbe S...~~~an:.r
Bayan of Nauja. Onental Mindoro.
Thereafter, Adolfo G Cornia, a candidate for the same pes
non, filed before the trial court an election protest alJe;iol! that
the Board of Canvassers had committed a mistake in the mathematical computation of the total number of voces ~arnered b~
petitioner.
Aftt'r the mistake \\ 8:. admitted and rectified, the trial court
annulled the proclamation of Reyes and declared Comia a::-the
duly elected \I; Inner.

I*Galido, ... C.OMELEC,l93SCRA


I-I< 1991
199..~

~~'t'

s \

~onal

Trial Court,

;80991
d

; Riveravs, COMELEC,.9

ol G R :\0. 10 S-."!5 61 SCAD


,

S, .

44 ~

AD J lST;RAID'E AGEN(.lP..S CREATEU


Bl THE CONSTIT1..JTlON
t

pe

181

nRe;;:r
filed adanotl of appeal with the COMELEC and also a
n
man
mUE and prohibition in the Court of Appeals.
CC

'fire COMELE:C's First Divisiou dismissed Reyes' appeal on


the ground that he failed to pay the appeal fee within the prescribed ~riod and the Court of Appeals dismissed hi .. petition in
new I'his pendmg appeal inthe C011ELEC citing Supreme Court
Circular 2>91 vohich prohibits the filing of multiple petitions in'\"'< hing tb-= same lSSUes.
Re)es then brought the present action. Reves contends that
both the trial coun and the C011ELEC's Pirst -Dh;",ion committed a grave abuse of discretion, the first, by assuming jurisdicDon over the election contest filed by Cornia despite the fact that
the ease was filed more than ten days after Reyes' proclamation,
and the second, I e, the C011ELEC' First Division, by dismissmg Reyes appeal from the decision of the trial court for late payment of the appeal fee.
The Supreme Court dismis ed the petition. Reyes failed to
first file a motion for reecnsideratien before the CO~IELEC en
bane before filing his petition for certiorari before t. Supreme
Court contrary to Article IX(A Section 7 of the Con-utut, ..n. It
lkewise held that the COMELEC'c First. Division properly dismissed Re) es' appeal from the decision of the trial court for his
(at nre to pay the appeal fee within the time for perfecting an
appeal
The Sclieitor General, in behalf of the CO~IELEC. raises a
fundamental question. He contend ~ that the filing of the pres~nt
pent on, WIthout Reyes first filin,g a motion for re nsideration
before the OO:!rIELEC en bane, violates Article IX Section i of
the Con.sntution because under this prevision IInl) decisions of
the OOMELEC en bane ma~ be brought to the Supreme Court on
eertrorars.
I

HBLD:
This Is correct It is now -ettled that in providing that the
.,
" rders and rulings of CO)fELEC "may be brought to
d ec:lSlOru,
0
.

. .
AI' 1
~
Court on certiorari ~ the Consrirution In Its
uc e
the :,upreme
' ''':1

f
.
.
d
IX A Seen n 7 means the special crvu acnon 0 ~emor_an un eJf
Rul 65 Seenon 1 Golido t:-. CO}'lELEC, 193 :,CR..4.18,1991 ;
_e
. CO"{ELEC 199 SCR..4. 17~ [1991' . SInce a baSIC con-

Rivero

t".!1

vt Lli'll

Af1J(J1ffJJTJIA

Be,.. ......
bee.... the
'1
law '1'bU
am'
the tn1erpreta

the u,ht

or the

requ remen! may ho 1J II' II IJ wit J


r ted 0 h petltJ'"''
1I (jU' L"", ',I
The qu t n ral ed by I' Y'" 1111("1",,

0( conJt tut on,1 and tatuulTY I" ,)v, ""'" "J


facti 0( thl ca Th qUI tl')tjg t'" II, " J tH',

therefore not pure gUM

(10

of law

fur recon ,d, rIlL,'"1 III ",I< U"


COME LEe En Ba~
required for the filwg ,.1 II fI'
"/I
c:ertlOl'an" c:lear from the provllnonlJ IJ{ Artl' I, IXU;), H, , ""I'" :t
Moreo.er:

tbat. a motwn

I.

,,1"111

and 3 of'the CoMtltUtiun Conformably t(l the I IJf I,V" , ''''11 'II ""
Co~ltut
on all election ca~8f Including pre Jlrtllllllllld
fill
trovenlles mu.t be decided by the COMELI-,C ITI I)lVIBI"".
HI"IIII"
patty be d" .. tlmed With thE!deeisien. hI may I,', amlllUI/) ""
recormderat
on before the COMELE( En B'1fI1 It ,g, Il" II "'II ,
thedea'lon
orderorruhngoftheCOMf,I,}"LAr,IJ'lfl'
111[11,,,,,"
eecordance WIth Artlc1e IX A, Section 7, "mlly 1" ',,'mv,hf '" It.
Supreme Court on certloran ..

/I," ,

Reyes abo .... tI. the deCillion of the trial

been rendered wlthoutJunadlellon

He contends

COUlL
HUll

ll8

htlvlIIH

H" I, "11/11

proteat of Cornia wa. filed more than ten day .lit, I hlB II(. Y' III
proclamatIon
Reye ,however, I e topped to r:IIBI thlll/IIJI 1"111
DOW He dJd not only appeal from the dr CI arm Ilf t},o I rin] (;'"'' I '"
the COMELEC ra,slDg thi que tion, but hr 81 I, Ill. d n fI' 'lll'"1
for mendamu.
and prohibition In the CIIUrt. (If A"". rlls. III1VIIIIJ
deeided on thl. course of aellOn, he 8hllUid nllt 1,0 ~IIIIIW,.t1 II/ , II.
the preeent petItion Just because he )llst 10 thll(lI "II "8.

CHAPTER X

THE CIVIL SERVICE COMMISSION


TOPICS IN THIS CHAPTER:
1. Suet ion 1(1) - Composition
man and CommiAsionC'rs
A.

Objective

and qualifications

of the Chair-

of a civil service system

2.

Section

3.

Section 2( 1) - Coverage of the system

4.

Section 2(2) Appointment shall be in accordance with merit


and fitneas
A. Can a person without civil service eligibihty be appointed
B.

1(2) - Term of office and staggering

As dist.inguish

from permanent

of terms

appointment

5.

Section 2(3) - Employees of the Civil Service shall not be


removed or suspended except for cause as provided by law
A.
Calle: Domingo VR. DBP, G R No. 93355, April 7. 1992

6.

Section 2(4) - Civil Service employees sball not engage in


electioneering
or partisan political campaign
A.
What is partisan political activity?

7.
8.

B.

Who are exempted from the prohibition


san political activity?

C.

Are members
prohibition?

against parti-

of the armed forces subject to the said

Section 2(5) - Right to self-organization shall not be denied


to Government employees
Section 2(6) - Temporary employees of the government are
also protected by law

183

rvice ',-stem

1
:aO(lDt

d rd ah n ofrompens3tion of government

1
1_
1

flieers and employees sh.llllake


an
uph d and deft'nd the Cl1n:o;tlturion

mplloy~ an ffic ,;
~
_ Der~aeel candldate:- shall not be appointed
Wl
1 , ar after the electIon
.. _ E tJve flie als are not ehgtble for appointrd
at n nan, capaClt) to an,:. public office durlDI his tenure
- E eenve and appcmt e public officials shall not
~
ve .debt nal or double compen ..auon unless specifienllv
t

14

R~~~~~

'I'III~ ('lVII,

SEItVII'I:

"OMMISSION

1M

UIS(jUSHION
SJo;C'fION

l( I), COM POSltl'lON

ANI) qUALIFICATIONS
01" Till<; CHAIHMAN
ANI> Tllft; ('OMMfH
SIONI<;n.S

1(1), Tho rtuil HI'/'/n('(' HII(1/1 tw ud mhu


tered by thl' CIIIII Serine ('flIII/IIIHlli"" l'IIII1I)(1,~I'cI 0/ (/
ChCLlrtncw tuu! (1/1(1 (2) ('t}/IIIIII,~/I/(}//('r~ uih sit (III I", uutu
rol born (,11/;(('I1~ of lit" 1'11t11111111l1" and, (II tlu: tun III
Ihl'LI' aotnnntmcnt, (It ll.'(I,~lllIlrty
[iu (,1.';) vrar (){(I~I"
WI t h !)/'(IUI'1I
1'(/11(/('1 Iy [or publ u. tu] ttl III ist ra I/(I/I
(1 lid
must 1I()1 huu 11/'('11 ('(lIl(hd(/II"~ lill a n y rlert iu IItISl/lllfl
LIl t h rlert iot: Itnml'ril(ltl'/Y
,,/'I'I'I'dllll!
1111'/1 (1/)11'11111
"S('cl;OIl

ment. ..

COMMENTS:
OBJECTIVI<;

OF A CIVIL SJ~HVICB SYSTEM

The objecuve of' the ('IVtI servrc HYllt('1lI IR to 1'1H'IlUI'llj{I', pro


mole and strcngtheu
profeaaionulism und I'fflCIt'IlCY III puhhc 1I1"'V
icc; to give opporturuue
to quahfiod nnd compotvu! IlIIII\ IIl1d
women who ha VI' pussud correspondi ng ('I vil xorvice (IXII III i 11111
ions;
to give preference
10 civil H('rVIC(' ('hUlhlt'\i over thORl' who 111'1'not,
and who arc mer!' pohtrcal prol<'g('M: und in the prUCl''IM,to serve
the people with a high level of competence. dedication lind pal riotism.
SECTION

1(I).

COMPOSITION
A GLANCE

COMPOSITION

AND QUALJFJCA'fIONS

AT

(~UALIFICATIONS

The Civil Service shall be 1. Natural-born citizens of the


Phil ippines.
administered
by tho Civil Service Commission composed of a
2, 'I'hirty-fivc (35) years of'ngc
Chairman and two (2) Comrnisat the time oftheir appointsioners. They arc appointed by
ment,
the President with the consent

186

ADMINISTRATIVE LAW

With proven capacity for


of the Commission on Appoint- 3. public administratIon.
ments.
4. Must not have bee~ candidates for any elective position in the elections immediately preceding their appointment.

SECTION 1(2). TERM OF OFFICE AND STAGGERING


OF TERMS
"Sfttion 1(2). The Chairman and the Commissumers shall be appointed by the President with the consent
of the Commission on Appointments for a term of seven
years without reappointment. Of those first appointed,
the Chairman shall hold office for seven years, a Commillsioner for (il'e years, and another Commissioner for
three years, without reappointment. Appointment to any
('a(ancy shall be onl)' for the unexpired term of the predecessor. In no case shall any /tfember be appointed or
designated in a temporary or acting capacity.
They are appointed for a term of seven years without reappointment. Of the Commissioners first appointed, the Chairman
shall hold office for seven year!', one Commissioner for five years,
and the other Commissioner for three (3) years.
What is the mechanics of !i_taggeringthe terms?
Every two (2) years, the term of one Commissioner expires,
leaving behind two experienced Commissioners. If a vacancy occurs, the Commissioners so appointed to fill up the vacancy shall
serve only for the unexpired term of the predecessor.

SECTION 2(1). COVERAGE OF THE SYSTEM


"Section 2(1). The civil seruice embraces all
branches, subdivisi?ns, instrumentalities, and agencies
of the Gouernme~t, including government-owned or con.
trolled corporations with original charters. ~

THE CI~ IL I-.:RVICECOMMI

ION

187

COMMENTS:
The Civil Service
(a)

~IIbranches.

embrae

the follo ....nng:

subdi ..18Ionli. instrumentalitie

nnd ngcn-

cres of the government;

(b)

All government-owned
or controlled eorporauons
....ith
original charters, whIch refer to corporaUon ....hieh have
been created by special la .....or granted leg. lativ o charters. and not through the general eorporanon In w, ' Th
phrase "governmenwwned
or controlled corporation

means that If a eerperatron eea


to be owned or eontrolled by the government
It eea
to be ....ithin the
coverage of the C1\'11 eT\'1CC .) tern All offlees ond ernployees of the government and ILBagenere R .... ell s
the officers and employee. of go ..ernrnent-o ....ned or controlled eorporations are within th eoverag of the Civil
service sy8tem
The GSIS (Oovernment
no ee Insuran
tom)
and SSS (Social Security
)'Stem
re corporation
with
origanal charters and. ther fore co.. red b) lh CIVil rvIce. Manila Hotel and Phlhppin Alrl
Ithough sub81dlanea of the said eorporaucns
are
t covered b) the
CIVIl Service. Other suoodl8n
of ~
mm nt-owned or
controlled corporations. If orgamzed und r the n rol corporation law. are not covered b) the CI\'11
The Phlllppme Fl8hen~
Develepm nt Authonty
18 a governmentow ned or controlled corperatlon ere.ted by P.O. No 977'

8BC1'ION 1(1). APPOINTMENT

HALL BE I

ANCE WITH MERIT

AND FIT

ACCORD
E S

-&etioll 1(1). Appolntm~nt n the CIVil errree


Uaoll M mode only occordll18 to merit and fitness to be

ckt~rm,"I. os for 0$ proctlc:abl~ and. except to pO!II'


IIon6 u/uclI on pollC~ydrtermlnln8. pnmanl) confiden114/, or "IIIMy tecllnlc:al by compeutice examinatIOn ..
'N.UonaI s'n_ Carpanuon .... 1Io'LRC 1 SCRA 122
1"IabenM De.lopmeat A thonty Y$.lIo1..RC.a oJ G.R.

.... llippl ...

8.p1

,_ 4 1982.

0.

94S2!1

w
ADMINISTRATIVE LA

188

COMMENTS:
GENERAL RULE:
Appointment
merit and fitness.

In

the

Cl\

11 service s

hall be mnde according

to

. d')
How is ment and fitness determine .
.

It is determined

by eornpetrtrve c"ammatlon.

EXCEPTION:
Who are exempted from the requirement
aminattons?

of competitive

ex-

The following are exempted from competitive examinations:


1.

Polley determining position - A position held by one


whose duty IS to formulate policies and guidelines of
the government:

2.

Primarily confidential position - A position held by one


in whom personal trust and confidence is reposed by
the appointing power;

3.

Highly technical posuton - A position held by one possessing superior technical training.

CAN A PERSON WITHOUT CIVIL SERVICE ELIGIBILITY BE


APPOINTED?
Yes, if there IS no civil service eligible and it becomes necessary 10 the public interest to fill a vacancy. This appointment.
however. is subject to the following conditions:
1.

The temporal) appointment shall not exceed twelve (12)


months.

2.

The appomtee may be replaced sooner if a qualified civil


service eligible becomes available ..

'Sectton 2(21. Arucle


'1987 Administrative

Ixm,.
Code

3.

AS DISTINGUISHED FROM PERMANENT APPOINTMENT


A pt'.rm.tUll'.llt app'\lUllllt'.nt 1,. l ....ued to n Pt'T'N\ who meet ~

all tht~ re qurrements fOT the


sincn for \\ hich he i...
1PP\lll\t('d.
including th~ apprcprrate ehgtblht) pre ..eribed.
S'ECTIO~

2(3), E~tPLOYF.ES OF THE CIVIL SERVle'E


SHALL ~OT BE REMOVED
OR SUS
PE~DED &'XC}O:Pl'FOR CAt'SE AS PRO
YIDED BY 1..'\\\'

.. ~t'ctiC)n ~(3).No officer or ('llplo)'t'C of th i'lt il


:-l!rllf'C "hall /)(: rc lOt00 or '<I"pcndcd C\'C'i'pl for roUq'

prot

,aNi

b) la:..

COM~tE~lS:
Thl" OO",.t t ut ional gu rr ntee protects offieers nd employees of the Ch l' Service from abu ..e .. nnd arbltrnT) conduct of their
SUp~TlOT" and ." t>~ from mtrigue .. and frame-up .. C'OllUtlg from
inside or out side of their om t.. PI)" er pln~ of politicians md
envious colleague s 111go, ernmeut hn' i' crippled the 11\es or l'itgi.
hit' officials and employees b~ either causmg their suspcnstou or
remov al from 001('.,
"'htlt could 00 more p mfu1 thnn the unlawful
nd unjust ified remov al or ,.u,,~n"lon of one \\ ho h s hone ..tl) -,pent the be "t
) ear .. of his life in the go\ ernment ..erv I\e'? A" the" ) in~ goe". a
culprit readily ccept .. the p 1n of pum ..hment if he 1- news, he is
guilt~ but n iunocc nt m n ..ufftr:- m N if he is indeed innocent.
\\1'6t

1" the

assu .. nee th t,

1n nddltion to S"'lIo.n :! S th

unt.) oftenure

i..protected?

\dmltu,:trllth., Code of l~~7

I.\~:; d.,,,'ll the follow ln~rule ..

1.

The

:'"r the dl:-dpl!l\(' of,i\.\ servants


I1\t,~tl'd m $.',:10n 4 Boo \ t.\),
~)lll"b

,rt' enu-

190

ADMINISTRATIVE L:\W

2.

The procedure of investiga60n


Section 46.

is likewi ..e provided in

3.

During the pendency of his admini~trative


investiga_
tion, the employee charged shall be subject to preven_
tive suspension.

4.

The preventive suspensron shall, ho~'('ver~ be lin~dafter ninety (gO) days If he is not a pr~:'ld~nt!al appOintee
unless the delay in the investigatIOn I~ Imputable to
him.'
DOMINGO VS. DEVELOPMENT BANK
OF THE PHILIPPINES
G.R. NO. 93355. APRIL 7,1992. EN BANC,
REGALADO. J.

FACTS:

Domingo w a,; employed by Development Bank of the Philippmes ail Senior Training and Career Development Officer on permanent status from February 1979 to December 1986.
On December 3, 1986. Executive Order :-;0. 81 (The Revised
Charter of DBP, was passed authorizing the reorganization of
DBP. Pursuant thereto. DSP Issued Board Resolution No. 304-87
allowing the issuance of temporary appointments to all DBP personnel in order to fully implement the reorganization.
The resolution authorized the issuance of temporary appointment to all DBP personnel to allow maximum flexibility in the
implementation of the reorganization. Such temporary appointments issued had a maximum period of twelve (12) months during which period the performance of the incumbents were assessed
based on the results of their evaluation,
DBP undertook the evaluation and comparative assessment
of all its personnel under the CSC-approved Naw Performance
Appraisal System, a peer and control rating process w hich served
as an assessment tool of DBP's screening process.

~n

52, Book \'\AI. 19"'. AdmmlStt'811ve Code.

c... ,,.'~Ja

direct_ :-. ., or TralDlng nnd Co. \ alent rank under th('

~l~]pru:ntm't~t

re,.O}UllOn

derat n b~ the DSF. the (,1\, .: 'f\ ice


pre'\: us deeis en nd affirmed n'mingo's

'n>C~,-

~it'

~;~'lI"8tllcn from th

- rvree
,. the lapse of his
-ext n,.10n or non-issuance of
re
sed on hl' unsadsfactory rat- re-evaluated and comparatively
mmutee of the B n

I
a

\\

t't

~r
- n t ff, rded d~ in court nd denied
u ProCl>" in tb unil teral ev luation by
- em ('~ tl ,.forthe~ ars 19~7and

f
d
N'

date th:tt 0
N- rt'm CI\t

-t 1"\

efficiency rarmgs
ee;

are

5 the Rul .. implementing Republic


~ s repugnan;
to the consfitutional manoffieer r ~mplo~ of the civil service shall
or suspended except for cause provided by

alii and

6!o\rt e XVIII, Transuory


..ntut on WA$ aha \":1,) ated

Provisions

LlTI{J\rJVl~ I,AW
ADMI NI "
1112

HELD:
,d the Civil Service Commission's
The Supreme Court amrfmd~ retion having been committed
buse 0 isc
resolution, no grave a

by the latter,
, d 'slid ground for separation
Olze
' a recog
th at It
' be
ReorganizatIOn' 18
bi t "0 nly to the con diti
I Ion"
of civil service employees, IIU ~e~h Constitution
itself In Section
done in good faith, No lell~ ~ha: to;ether with Sections 33 and 34
16 of the Tran8itory ProvI81~~ Section 9 of Republic Act No, 6656,
of Executive Order ~o, 81,a h th declaration that all those not so
support this conclusion Wit ti e of said reorganization
shall be
appointed in the implementa lO,n with the concomitant
recognl.
ted from the service
b
fj
d
d
eome sC~l1ra ,
ropriate separation
ene Its Or
tion of their entitlement to ap~ -d ovcrnment agency,
retirement pluns of the reorganize
g
,
f iled t invoke the presence of any of the circum.
Domingo al COl
'::!
of Re ubJic Act No, 6656
stances enumerated under Section
. P
, .
which would show or tend to show the existence of bad ~aJth In
the implementation
of the reorganization.
The reorgamzauon
having been conducted in accordance with the mandate of Datto
I', MIRon, 1'1 al., 176 SeRA 84 (1989), it can safely be concluded
that indeed the reorganization was attended by good faith. The
dismisanl of Domingo is a removal for cause which, therefore, does
not violate hia security of tenure,

The State puts a premium on an individual's efficiency, merit


and fitness before one is accepted to the career service. A Civil
service employee's efficiency rating, therefore, is a decisive factor
for his continued service with the Government. The inescapable
conclusion ill that n "below average" efficiency rating is sufficient
justification for the terrninntinn of a government employee. This
is the renson why, painful a:; it may be, such an employee's separation must be affirnu-d If public good is to be subserved. The
reappointment of Much offlcials and employees who have fallen
short of the pl'rformance necessary in order to maintain at all
times efficiency lind effectivenclis in the office cannot be sane.

tioned.

Domingo had the opportunity to present his side or contest


the results of Uw evaluation proceedings. The fact that he made
no apPN1I to t~c "'~naJ R('v~('wCommittee was duly considered by
the CIVtl Service (,ommlsRlon, noting that Domjng did
'til or
b 't hi
T
thO
1 no. 1 e
su mu ms 0PpOAIIon 0 t e motion for reconsideration,
He can-

THE CIVIL SERVICE COMMISSION

r!it

~r

by hi
JCe

193

(IVIn mecucn, legally claim that he was denied due

of law

( em ld, ring his years of service, despite the unfortunate


re uh. of the reorgarnzatron,
he should be allowed ..eparation and
(It.hut reurem nt benefite accruing to him by reason of hill termi
nat (if all provided fe,r 10 Section 16, Article XVIII of the 1987

t. t tWO,8 well a In Section {)of ftepublic Act. No. 6656 and


Sf: ;t. em 34 of Executive Order No. 81.7

(k;

St.ClI0N

~(4). (VII. Sf;RVH E E~I'LOYEES SHALL NOT


f.:'IiGAGf; IN ELfX'TIONEERING OR PAR
r ISA~ POLJ'fl(;AI. CAMPAIGN

"Spl'Iion 2(4). No officl'r or em ployee tn the ciutl


ercice hall engage, directly or indirectly, in any elec
uoneering or partisan political campaign

COMMf.N'fS:
GENERAL RULE
An officer or employee in the Civil Service ..hall not engage
dlrect.ly or Indirectly in any electioneering or partisan political
acuvlty:
EXCEPTION
However, the said prl,hibition does not prevent any officer
(If employee
from expressing his views on current political problerna, or from mentioning his views on current political problems
(Jr IS UCS, or from mentioning the names of candidates for public
office wh(lm he supports.
It. dr,es not also prohibit a person from voting or from joining
CIVIC Mganizati()ns
that arc non-partisan in character ~

1.k,mrnKI' VB O,,"elopm"nl

ll1':n. f."

Bane, ~18d(),

'&d10fl ~

"I H.ecord

.J

Bank of the Philippines, G R No, 93355, Apnl 7,

R. A. No, 2260; Section 45. P UNo, 807,

1).-64 5, 573.

ADMINISTRATIVE LAW
194

WHAT IS PARTISAN pOLm

CAL ACTIVITY?

or affiliation with the cause of a


It means active s~pport ;~, would include, among others
political party or candlda~, ti office or delegate to any politi~
being a candidate for any effiecIV member of any political com
,
bei g an 0 ieer or
L,,'
cal convention, eID,
'
d Iivering speeches, canvassing Or
mittee, party or organ~z.atl~n, e rt or contributions
for any po.
80liciting votes or politiee ~uppo al becoming actively identi.
Iit.ical party or candidate ~r, ID gfener c~ndidate or candidates fo
fled with the success or failure 0 any
r
elect.ion to public office. 10

I:

WHO ARE EXEMPTED FROM THE PROHIBITION


PARTISAN POLITICAL ACTIVITY?

AGAINST

Members of the Cabinet are exempted from the prohibition


against political activity for the reason that they were appointed
by the President precisely to support him a,nd his a~min~stration
in all undertakings where they could contnbute their skill, exps.
nence and political influence.

ARE MEMBERS OF THE ARMED FORCES SUBJECT TO THE


SAID PROHIBmON?
Members of the armed forces are subject to this prohibiuon
for the reason that their involvement poses a threat to the peace
and stability in any place or community where they are stationed,
Experience shows that their mere presence in a place of partisan
political activity already creates a threatening atmosphere, which
is not conducive to a peaceful and orderly partisan political exercise.

SECTION 2Un. RIGHT TO SELF.ORGANIZATION SHALL


NOT BE DENIED TO GOVERNMENT EM.
PLOYEES
"Sect.ion 2(6). The right 10 self-organization
not be denied to sovernment employees. ~

100000lon 14, Rule '>"'VIII.eml Semce Rule.s

shall

Til

I'll

fH\U.

OMMI

ION

I III

COMMENIS:

:1(6). I"~M"()I(AI(Y
I-:MPI.OYE ..:S Of 'III": uov.
.:KNMI-:N'I' AI("~"HO'l'I~("I''':f) 11\' LAW

E TIO

"Beotto 2(6), 7'''''/1(11 ary "IIIJ1II1Y' "S "/ ttu (JU


rnll It ",II b IV," 811rh 1""/"1/'""
116 IIwy h, pr
Id d by lou:"

COMMENTS:
rnpor .1')' t'lnpIU,)'l'I'8 cllI IIlIt hnve II fix,'d term
and that th , w r m r Iy nppoiulur]
h"I'HIIIII' III tilt' ab nee of
eligible at the lime they II'. luft,d, Thill 11111'11
not 1111'1111,however,
that they hall not be grven prol"I'tlllll II.v In w, I t III Jlolllllhio that n
temporary employe
I not eivll aervice ciaglhl"lll
rhn time oftu
appointment.
but he mny ncquirn civil (I"I'VICO l'ia((lllIlll,) while or
dunn his temporary employment,
In Sill'll II ('UI'II', till' 1111111 ternporary employee shall be automatlcnlly
c'U1l8111l'I't,cI
II pcrmnnr
m
employee As 800n 88 he becomes II perrnunuut employee, h enn-

not be removed

CX('cpt "II'

"~c"on

CIIUIUO.

3. TIm Ciui! 8""'11', ('''11111118SIU'', {I<'I till


perllorlnl'/ agen 'Y
th (j,lL I """ ,." t, sbnl! ell
tohlllfh a career 1I1!r1/11I' antl III/llp( 11111111,,,,'8 III promote

eentrol

fir

morale, e[{i('l('fII Y. ''''C'I(I'I'Y. rI'R/lllflfllll'/HlNs,/lIl1grcss't',

ness, and courts By 11,1111 III 11B. rt WI'. lt shnll strengthen


the merit and rewards evst m, tntegrat ,,1/ "Ullin" rc
Manila Pubh School ~ achlll'll AQocialion v. SecrouIry (If Education,
No 116+4&, Aul(Ult fI, IIl9I
SSS VI ('oun ,,( Appelll". () H Nil 8r,~7", .'uly 28, lilli"

(l

ADMINISTRATIVE LAW

196

sources deuelopment programs for allleueis and ranks,


and institutionalize a management climate conduciue
to public accountability. It-shall submit to the President
and the Congress an annual report on its personnel programs ."
COMMENTS:
Section 3 specifically provides that the Civil Service Commission is the central personnel agency of the government.
As such, what are its functions?
1.

To promote morale. efficiency, integrity, responsiveness,


progressiveness. and courtesy in the civil service:

2.

It shall strengthen the merit and rewards system, integrate all human resources development for all levels
and ranks:

3.

To institutionalize a management climate conducive to


public accountability; and

4.

It shall submit to the President and the Congress an


annual report on its personnel program.

An efficient career service system rewards competence and


merit. When employees are promoted because of their own merits, efficiency and competence and not because of political patronage, they have strong morale and confidence in the discharge of
their duties. They have a feeling of security and they are inspired
to work harder because they are confident that for as long as they
do their work honorably and efficiently. they cannot be removed
from their positions at the whim and caprice of their superrors.
SECTION".

ALL PUBLIC OFFICERS AND EMPLOYEES


SHALL TAKE AN OATH OR AFFIRMATION
TO UPHOLD AND DEFEND THE CONSTITUTION

"Section 4. All public officers and employees shall


take an oath or affirmation

ConstitutIon. ~
Self-explanatory.

to uphold and defend this

THE CIVIL SERVlCE COMMISSION

SECTION 5.

197

STANDARDIZATION OF COMPENSATION
OF GOVERNMENT EMPLOYEES AND OFFICIALS

"Se~tion

5. The Congress

shall provide [or the


standa rdization. of compenea lion of govern men t officials
and employees, inciudwg those in government-owned
or
,:ontrolled corporatwns
with original charters. taking
~nto account the nature of the responsibilities
pertain".lg to~ and the quaLLficaito1ls required for their posi11011 s,

COMMENTS:
Standardization
of compensation of government officl(\Is and
employees will resolve the repeated complaints ofgovcrnnll'1lt officials and employees that. oftentimes they receive lower salar ies
than those of their counterparts in other government offices. This
situation has resulted to demoralization of employees Concrete
examples arc employees who arc occupying low posrtions in till'
Central Bank or in the Philippine National Bank but who receive
higher salaries than employees with higher reaponstbihttes In
other government offices. This should be remedied by Congress,

SECTION 6.

DEFEATED CANDIDATES SHALL NOT BE


APPOINTED WITlilN ONE YEAR AFTER
THE ELECTION

"Section 6. No candtdote who has lost ill any election shall, within one year after IWCI! election. be appointed to any office in the Government or .011)' gottr!,.
ment-oumed
or controlled corporatrons or 111 any of Its
subsidiaries.
~

COMMENTS:
1.

Section 6 prohibits the appointment of a defeated candidate in any election within one (1) year after the clcction, This means that they can be appointed one ( t) year
after the election.

MIIr' ......

...

t.t ..

_II

,.., period the defeated candldntl'


appoiDled to any office an the govern-

..........

wwued or controlled corpora.


.., fI IUbliclianes, and the reason for
,
, m an election does nOLnecc

he anfit lor public office. It seem


..... '.. 1,.,... proIu1rition is merely a re ...t period
........
111dIe.aatioDa dunng the election will sub.
......
tIIe Mid period the people will agmn
IC cpi" by thea re&pectave undertakrngs,
..... _
,. IJ dlife and m08t hkely, the appointJIIIId
die..
1 )'MJ' penod WlII even go unno-

".

_ belie,. that

the prohibition does not


1Iaft...,
adftlltap. In the ultimata analy.....
sllila& II2Id benefiCial to the country is
the coapete.ee udtatecrity
of the appointee, and for
.......
die .pp"'Dting power has trust and conficIeDCe iD aiel -peteDee and integrity, it should not
I'Mlb' matt ...... the appomtment takes place. This
putiealarly tne if the President. for instance, who
neeived fresh aacI ItroDg mandate of the people.
_be

dtat appcnDtlaeDt.

THE CIVIL SERVICE CO~f~fISSIO!\

SECTION 7.

199

ELECTIVE OFFICIALS ARE ~OT ELIGIBLE FOR APPOI1'.'TMENT OR DESIGNATION IN ANY CAPACITY TO ANY PUBLIC
OFFICE DURING srs TENURE

"Section 7. No elect we official shall be eligible for


a!'pointment or designatum in any capacity to any pubhe office or position during his tenure.
Unless otherwise allowed by law or bv the primary
functions of his position, no appointive offi~jal shall hold
any other office or employment in the Gocernment or any
subdioision; agency or instrumentality thereof, including government-owned or COli trolled corporations or their
subsidiaries ...

COMMENTS:
1.

Section 7, first paragraph, prohibits elective oflida},.


from accepting appointment during their tenure. If an
appointment is accepted by an elective officio} without
resigning first from his elective position, the appointment is invalid. If during his tenure or period of incumbency, he accepts an appointment and forfeits his elective position on account of his resignation, the appointment is valid.

2.

Section 7 second paragraph. governs appoi nth: e officials. They shall not hold any other office or employment in the government or any subdivision, agency or
instrumentality
thereof, including government-ow ned
or controlled corporations or their subsidiaries. However. they may hold another office ifit is allowed b) In\\
or by the primary function of their positions. In actual
practice, however. Cabinet Members are members tlX officio of different offices and corporation under their departments. Apparently. the reason for this is to allow
said Cabinet secretaries to supervise and oversee the
different offices. agencies and subsidiaries under their
respective departments.
I

...

1 ~,\

("0

p bI,e officer

r indiree:
bv lou. nor

sidered os

COMME rJ'S.
GE ERALRtU

mn: r and
n

employee
t ron pen lion

hnll

UCEPTIO~
t \\

r appo nt \ public mel I and


bv \\ t rc 1\ e id addi-

PROl"l .. 0

Pro\ ded t h

dd

t
"

Can an e eet ,
an ther pesu n

It

nal or double corn-

f C ngress

r p nt \ publi officer or employ ee hold


urrent \ \\ th hi' prmcipal pcsition?

The ~ uprt' e Cc urt held that th said \\\0 2) positions mny


bt> held at the same t me a .. I ntl 8" thev art' not iucornpatible
".,th each other However the In umbcnt cannot collect nddit ional

salaries
law,-

for

&eTVIC(.'S

rcndr'r(;() "unless specifically :wlh'l(

1/.'

tl by

Can an elective or appmntlve puhlic; "Hicer (Ir /'Tnpl'IYc(; rein arldltJ/lf1 to his C(lmr"'(lsf,tifln'l

ceive pensIOns or gratultif:S

Section 8, last paragraph,


8pecifi(;~lly f/r()vidl:s that "r"'naioDs or gratuIties shall nl)t he CI)Osirj"rct]a8 additlonal, d(lubl(',
or indirect compensation," This means, therefore, that an eJN;tive or appointive public I)fficer or empJ(IY"!l can receive pCnSI(1TI1i
or gratuities other than his cr)mpt;OsatilJO,

CHAPTER XI

THE COMMISSION ON ELECTIONS


(COMELEC)

TOPICS
1

IN THIS CHAPTER:

Section h 1) _ Compostuon and qualitication"


man and the SIX Comn\ls~lonl'r:<
and qunlificlltion~

of the Chair_

A.

Composition

at a glance

Reason for the prov iso

C.

What is praence of la\\ ?

The Chairman and ~Iember,. of the Commission on Elee,


tions must be appointed or de....ignated on a permanent
capacuy

2.

Section 1(2) - Term of office and staggering

3.

Section 2(1-4) -

of term"

Powers and functions of the CO~IELEC

A.

What is the nature of the power" of the CO~IELEC?

B.

The powers of the CO~IELEC at a glance

(')

Does the power to enforce and administer

election laws
and to insure free. orderly and honest elections include
the power to annul an election \\ hich may not have been
free, orderly and honest?

D)

I" It the CO~IELEC or the court which has the power to


declare failure of election?

E)

Does the CO~IELEC have the authority


cial e lecrion?

F)

What is the jurisdiction


after the proclamation?
202

to call a spe-

of the CO~IELEC

before and

THE COM~l. "'IO~ 0:\ ELECT :\S COMELEC,

l"

203

the COMELEC hava the power to determine

\\ hether a per,.on can exerci:;e the right to vote or not,


or ',hether e person is precluded from exercising the
right of ,.uffro~e?
H

.,.the COMELEC hav e the power to decide adminis-

trnu\ e en,,,..before and after proclamation?

I" the pow er to deputll':e law enforcement agencies solely


vested m the CO~tELEC?

DO(, the CO~tELEC have the power to discipline the


offioer,.. It has deputized?

Se ction 2 5) -

Pow er to register political parties, etc.

Rt'gt:<lratlon of political parties

Personal assessment of the lessons brought about by


the t \, o-party ...~stem and the present multi-party sysrem

The lessons of the US, Japan, Germany and Poland


should open our C) e,.

Ground" to refuse registration

uen 2 6 - Prosecution of offenses

Options of the CO~'ELEC

Power to investigate and prosecute

Section 2 '; - Comelec can recommend measures to Congress to rmmmize election spending, etc.
Section 2
- Po" er of Comelec to recommend removal of
an) officer or employ t e it ha ...deputized
Section 2 9 - Report of Comelec to the President and Congn>.ss

Section 3 - The Comelec shall promulgate its rules and pro~urt's

10. Section 4 - The Comelee may supervise or regulate the enjO) ment or utilisation of all franchises. etc.
A

Can new spa per, radio broadcasting or television station,


or other mass media sell or give prmt space or air time
for free :;0 it can be used for a campaign or political
purpose?

204

"thout the favorable


Section 5 _ No pardon. etc., Yo I.
11.
mendation of the Comelec to the PresIdent

ree
om.

Section 6 -A free and open party system shall be allowed to


12.
13.

evolve
Section 7 _ Votes cast in favor of political party is valid if it
is registered under the party-list system

Section 8 _ Political partic:: regJ.~tered under ~he ~artY-list


14. system shall not be represented 10 the ,'oters regIstration
boards
15. Section 9 - Election period
16. Section 10 _ Bona fide candidates are protected
17. Section .11_. Funds needed by the ?omelec as necessary shall
be provided III the regular or specIal appropriatIon

1'111,I'OMMISSION ON gl.l':CTIONS (COMELEC)

205

DISCUSSION
SECTION

I (I). COMPOSITION AND QUALIFICATIONS OF


THE CHAIRMAN AND SIX (6) COMMISSIONERS
1(1). There shall be a Commission on
('om posed of a Chairman and SLX (6) CommLs-

"S('("tion
1<:/I'rlif)f1.'l

8W'II'rB who shall be natural-born Citizens of the PhilipPWI'S unci, at the time of their appointment,
at least
'hirtY'{iI'I'
(.35) years of age, holders of a college degree,
and mU1Itnot houe been candidates for any elective poHit"", W th immediately preceding elections. However,
a majority thereof, including the Chairman, shaLL be
membere (If the Philippine Bar who have been engaged
in till' practice of law for at least ten (10) years."

COMMENTS:
COMPOSITION AND QUALIFICATIONS
COMPOSITION

AT A GLANCE

QUALIFICATIONS

The Commission on Elec- 1. Natural-born citizens of the


Philippines.
tions is composed of a Chairman and six (6) Commission2. At least thirty-five (35) years
ers.
of age at the time of their
appointment.
They are appointed by the
President with the consent of 3. Holders of a college degree.
the Commission on Appoint4. Must not have been candiments.
dates for any elective position in the immediately
preceding elections.
Houieuer; a majority
thereof, including the Chairma n. shall be members of the
Philippine Bar who have
been engaged in the practice
of law for at least ten (10)
years.

All'" I I I!lAIIVI

lAW

Inn

"

ION 0" TH ""OVI'O

JI

,II

til'

1111111111 III'

I ,Ilhll

1"11"'"" thnt ,,"IIIJ"',',',rll',;:'IlI 1111' Wll', III~V' I,., II II


.hlll Itt' "'1111'' ' ' ' "' til .. I I I I t. " ( IIJ) y' til tl III 1IIr1,, ., II
'1 ffl.wr",nl.'lIi
I
I

'I'll"
min,

",,"tI'.

.... d In'h

II ,

I 'tli

III

.IIII""H

f"

It 1'1 " "1j'llv, rI

n"""'I"IL,)' ~."prh"IC" "hllWII t


'r"wllll{ III 111111.1,. ,

I
I
I) 1':1",lI,,'''' ",. M
II II "hllllitl l.. l'l , Itl
II)' Ih II ( om"I"" 0,1 "
Iflvlllv" turnpllt" .... d 1 ,,1111_11:- VI I r

11,,01 III, V
""Iv, "rI
II
111.111'"11'1111'
iii 111'11
Iy I ft~III' hll' 111111011' 111.. 01

hy ('ommhlt.l"n,'1I who hlYlIllt ,.,"'


III'"
n I"VI pt"rL 1I
t on.r In r"d th..'"
11,1 &1 1111rur

,,,'II

"I'

'I

1111111' IJIIII
filltl I' ""Ivl'rI
InM In Lh.. ('11,"",111,,1011 "h" '~' ':1 nll.1 '111111 Iii ,," "",foJlIII,III'llIlJ
only IlIn" ..
th. r"IIt111 ItVI! " ,
"
Anet 1
1\.1
In 1.11" 1,,"1"" bllt IUIYI,"llIlC,"lIlI,
III I "III I, ." I ""H',
11110
whll wflr" IIhl... LlllltAY In pllw"r III' fl. I I, II,'. ""1111111
will 'II 111"
'IIJI 'II. ullllct 11111111 NI,llIllv
1111 '11111'11 1111,1
P.. III)I M Clra II IAn. I ,....
'
I,h.. hon t nnd lh" lruly d... "rvIIIIC hut wllu 'II' 1111' ,III 11,'It 111101
Innunnllnl II. th"'1' ,til VCIrll II ria II, lire "'" till'" Jly III 'lilY' d II' II
ehnne III h" "' ".. rvlr. to tllIlIr ,,'''111111111111'11 '1'"" III'I~II' 11111111,
thlll I_ th rUllt filUM. "" VII
IlIrrllJl' 11111 II. 1111. H"Y' 11111111111
'('I... wlrkc d nnd the (IIrrullt ,.r. thllll' who ",I, I,V 1111 11.11'"11111 III
hllllonll or paill' and lh. rrult. "f thllr c'orrllJlllllI1 '11' II ,," III I" I
paluatCl thllmllolv"" nnd their r"llIllv,"
,,"WI' 'I'h. 111111' I'llI'D
bll nnd dOllorvlnl onoll who dn not hnv' the rc 111111'11'8 III" I'H,ldy
thrown out btlror." durin" and
r till .,1. dl"" 8"1111"'"1"", ., .. y
Ire even tho en who Ir. JlU(d snd mnd, til lIulI, 'III 1111",1111"""
.ccu.allonThoy can be acquitted hut thelr IIV"lIlIIIIIIIII IIVPII'I'
tholr faml"". havo nlrnody h" n mad(l 111111(: rnhll

n...,

","1

III

lin..

WHAT 18 PRACTICE OF LAW?

In C:ayfloRo UI Mon.od,1 the Rupn'fJl' ('lIl1lt h,,'d Ih,l'

"II'

,alinll III law pracuce i_ nut only confined til 1'1111 rtrnnm P' ,,1'1 11"1.
It Include. any activity which rCiqulrt'811J1J1hellllllll "I IIIW(II' knuwl
d,. of tho law, whether lIald nctivlty tnkt'li "Inn' III "" Olllllld'J "I
the court room. Hence, ten (10) yenrll IIf work (lXI" 11I'II('1II1R lnwyer manager, lawyer ~(!JCotl8l"r of contrncts, lnwyur "('I/.H,,,IIHI "'
lawy.r ntrepreneur
I. eonaidored n8 withi n till' ""'1111 iIII{ "I' I It"
phra practlce of 18w.~

'0 R No 100113, &'plc'mber 31,11191

THE CO.\IMISSIO!'; ON ELECTIONS (COMELEC)

207

THE CHAIRMAN

AND MEMBERS OF THE COMMISSION ON


ELECTIONS MUST BE APPOINTED OR DESIGNATED ON A
peRMANENT CAPACITY
.The President must extend permanent appointments to the
ChaIrman an~ the members of the Commission, subject onJy to
the confirmation of the Commission on Appointments.

Th~ 'President. has no power to appoint a temporary Ch~r.


1IIJlIl This prerogative

belongs to the members of the CommissIOn


themsehes. They may, by a majority vote, designate one among
themselves as temporary chairman pending the appointment of a
permanent chairman by the President.'

SECTION 1(2).

TERM OF OFFICE AND STAGGERING OF


TERMS

"~ction
1(2). The Chairman and the Commissioners
shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven (7)
years u ithout reappointment. O[ those first appointed,
three Member shall hold office [or seven years, two
Members for five .wars, and the last Members for three
years, u ithout reappointment, Appointment to any rccanc.) shall be only for the unexpired term of the predecessor. In TlO case shall any Member be appointed or
deSignated In a temporary or acting capacity:"

COMMENTS:
TERM OF OFFICE
Thev are appointed for a term of seven (7) years without reo
appoint~ent. Of the Commissioners first appointed. three Members shall hold office for seven (7) years, two Members for five (5)
years. and the last Members for three \3) years.
What are the mechanics of staggering the terms?

BnllilnIH '"'" Y"rae. 192 SCRA 358

Ilf\t1NI~I''' \ 1'1\ F 1 \\\

~'t'n t~" Oll

\.,ilil."

l'(lIlIlIIlHllIOlll'l' ll'\J)lr
,
(III
,
11I'>I~illll.'r:" 11 II 'il('IlI\I'V 0
, \ ,t'lll 111111 ~.
,
c
II
1111
fi liP till' \II('lIn,,)
11'1'"11111"1

II

'llit'
I It'rtll III I

H\i Nlhl"" hUI ,,"pMI,


th" (\'1\\1\1111 1(\II1'r til' r'
Ilh'
rve
1\" tlw U 111'\ p"I,.i 11'1111

11

!lh/III

.1 I I'l'I'ckl'l'SEWI'

(I""

REASON FOR THE RULE


' '\1111111'111 )'I'!'lIicll'1I1
\,11111 I III' 1111
"'JI',lIl1'I'S
'
1111' l 111111111""
HlIIPl"'11I I 1\ II

't n"..."'1\(11 n I I". ,'11,\"


IL",

ll\ illI "~I.l('II\ll\Ih

t""u,

S):('l'lU

AND "'lIN("I'IONS Of!' TII1~


('OI\U:"":('

1'111' (','II""I,~,~IPII (11/ ]<Jllwfiolls


,hi' fi.Il"II'III~I','II'I'/'S ntu! (1I11c'liOIlS:

"Sf','Ilcm:1,

(I'
thl

hnv

t'ow ..:as

~,

f'r" JSI'

Iroru

dun IIg )1111

J.'II/il/~

u rdn/ll'('

t"

shol!

('X,

r. (11111II,{I/I/III"I.'I' till /(/I~'S ani! ",WII/a


till' ",'II,{lIrl

.>{ 111/ .'/,'1'(1111/,plcbssctt,

,,"Im/ll''', "Ji'~'/l(i"III, IlIIeI rvcull,

( "
Jo: ,,'/,{,IS,' t'\ 1'111SIC 'I' orlginu! JII riscI i1'1ion 01'1'" a II
('(I &1. st ,..'/0/111;: III th d.','/IIIIIS, return.
and quali'("(111(111.' (If (II/ electu rt'J:WIIU/,
prouincial, and city
('fl'l'wls. (wei ('l'l'l'I/n/,' JII risdict 111/1 (11"'1' 01/ ('1111It ..st ill"011'''';: drl'/ll I' IIIUIII(,ljI(I/ "I/;"i(l/" decided by trial
('(lurt:- "f grllrrnl
[urivdiction, ,If 11I1'O/t'iIlK electiv
II U'Y.JII!:lll offi"wls d"{'1(/rd 1>." trial court: .. of limited
JurlsdlC'tlOlI

final onlcr.

ruling of th Com mis'WI' (III r/l'dlllll


contest jill olr,jll~ 1'1,','1/1'"municipal and
h(JT01JJ:III
offi"I's "hClll /I" /1IIC1l, ,'wc'/llory, and not ap
O"("SI(lII.',

"I'

I','alo b l
(.l)

Decid, ,'u"'1'1 thos

1lIl'llll'lIlg

the right 10 vote,

all qu .,1",",< olfi:c'lill/( clertion, includim; detcrmina1>( th 11111110 .. 1' tuu! IOI'ClIlClII ol polling places, ap1'(lmlm,'1I1 (If cicctton tll/l<'lo/,< and inspectors; and I'1'g
1.<1,\1/;.," ,I/"'"/,'rs,
111,,111

O,'l'lI/i::,', teith th c'OIl('lIrT'('IIC(' of the Prcsi"/I/'II'I.'m"IIt rlg,'II,'11'1'l and in stru ment al itie of
th Govern 111,'11 I, inrlu ding th Armed Forces of the
(4)

.iNI/, IIIII'

..

TlIg

('OMMIRL'
,ION ON 1',I,I',("1'I0N8 ('oMJo.l.h(',

Philippi/l('/:
I

ore

('1'/."",

'

for

th '

11/ ""S/lIlllg

, 1'.\(' 1/lllIIe IIIIIpose


11I1II(!st, P"(/('cf"I, Olltf"rrt//M"

/1"",

electione.

(5) Rl!glstc,~ nilt'I' Rliffici"111 publication, political


parties, olg(III1Zal;olls, or coolition IIIII/('h, III addition
to other rC(llJlr(!1
t
""" s, muet present their platform (If
program

the

0/

goverlllllellt,
and accredit
"tIZIJIIS'
arms of
Co"",,,SS;()// (Ill f:lect;olls, Reltgiou denominations

and sects shnl! 1I0t be regis/I' red, 'I'},OSI' uihlch sl'I'k III
ach iece thrir glJ(lls througl, (:1fJ1r.ncl! or u nlrunful nu-ann,
or refus to IIplwld uru] adhere to thl ('0111111111111111,III'
u~h,ch (1/'1' SIIPJlIJ!'II'tf by (1I1j' [orclgn gUr:,YIWII'II( shall

likeunn

1)(, /'I'fllsf't!/('/{III/rnllllll.

I-'lIInlll'i(ll

lorClgll gm'r.I'III/1I'IIIH
/1111,II('nl/II/rIleS, organrzot ums,
fir C(lm/ie/lltl'S rclnted fo ,'I,'ct/(JIIS
constit ulc
III 'IIIt,OI/(l1 a[tuir, find, II'},"II
accentint,

and 11t",I'
coalition,

('(II/(l'Ihllf"lIIs/rlJl/I

('#f'II('/f'8

i nterfrronr

1(1

shall bo (111 dduion!

reuivtrauon
penalties

grnurul [nr th cancellation

unth tlu:

th at

"Ill,\'

('IJI//l11IIiSlfJll,

he prrncribvd

//I

addition

"Y lam:

1I(l1,,'i,.
I,) IlII",,.

(6)
initiative.

F,I", IIJWII a ('I'ri{",t/ cumplamt, or 011 its III/'ll


pettt ton t n court [or inclusion orCXc/USW/I
of
11011'1"1.: ;11 1I('sl IRa I,. c/ lid, It'll ('1'1' appropriate,
pruser u I"
cases of rlolatunis of ",,'('1;011 ltuos, including acts or

omissions constituting
mal practices,
(i)

R,'('lIlIIlIIr."d

to minimize

I'II'cllII1I frauds,

offense,

III tilt> Congress c{fcctUfc mea

,'/I'c'I/II" SP,'lIr1l11g. including

lint!
ure ...

limitation

of

places uihere propaganda materials shall be posted, and


to 1'''''('('''' and penalcz all [orms of election frauds,
o{ft1I.~('S, malpractices, and nuisance candidacies
(X)

Rt'cC>IIII1It'lId til the President

the remoual

of

an\' officer or cmploye It has deputized, or the imposttw'" of ally tither dtsctplin ary action, {or oiolaiion or
disregard of. or disobedience to its directive, order, or
decision.
(9) Submit to the President and the Congress a
comprehensive
report 011 til' conduct of each election,
plebiscite. initiattrc, referendum, or recall,"

AI)MINI TRI\TI\ t 1,1\\'

10

COMMENTS:

( ectiOD ill 1-41)

WHAT IS THE NATURE OF THE POWERS OF THE COMMIS.


SION ON ELECTIONS?
till' PO\\ ers of the Com '
Being an admlOlstraU\C agenc).
"
11118_
ton are supposed to be confined only to cxCCUII,\ t quast JudIcial
and quesi-legisletlve
pO\licrs In actunl prnctlcl~. hOWl'ver, the
Ocmmissicn
IS the sole Judgl' of nil conte':;!:; reln II ~g ~o I he olec_
tion, return
and quahfir.8tlon ofoll rcg1()nal, pm\ Inclallind city
Offielal!! which.In effect,l part ofJudlclnl po\\cr or function The
dlfferencl' Iles JO the fact thnt while the C'OOlI1lIIlSIOn IS perform_
109 such power or function, It cannot chllm to cxerrisl' the so called
Inherent power of regular court It hn been held, t hereforo, that
It can only IS8Ul) \\ nts of ccrtlorlln,
prohIbItum
and mandamus
granted by B P Dig 697, Section !l0, but these cnn only be CXCrcised In connecuon \\ rth It nppellntl' jurisdict ion II nder Article
IXtC), Section 2 2)
The Oomrnissiun on Elt'rtillll:< muy nlso cite or declare one In
contempt but this power may be I'XI'rriflld only in the furtherance of Its quasi-judicial and judicial functionc:,' nnd not III connection WIth Its purely executive or ministerial functions.
THE POWERS OF THE COMMISSION ON ELECTIONS
ATAGLANCE
EXECUTIVE

LEO ISI..ATIVt:

POWER

POWER

It sha ll en fo r c I'

It shnll

ISS\It'

rules

.J{.;I)ICIAL
POWER
II hilt; the power

and a dmj n is t e r all and regulations to rm- 10 resolve all caSC8 or


Iaws r e lat ive to the plernent the election ccnt rovcr sre s that
conduct of an election, lnws
rnn) arrsu In the enplebrscrte,
11\1 t 1:111\ (1,
h
forcement of election
referendum, and roIt a~ the power ttl laws

call

exCrcl"C

funcnon

such legJ~18tl\ c

.,

rna) be exIt I" the sole


pr<!>o~h delegated to II udge of all pre-procb~ Congress."
larnu t ion disputes
8~

~Iasangka) \~ Cl)~IEI.EC, 6 :-.CRA Zi (19621.


'lTtutRlam vs CO~IF.l.EC, 15 :-;CRA 465, 469 (19651,

THE COMMISSION OX ELECTIONS COl!EILC

_11

con~-

and all
reletlng to the eleetien, reo
torn- and qualificaU~ of all regtonal.
jpl"(MllCial and Cl ty of
fiaalft~dec.-1 as, final
orders, or ruhOl;- on
election conte-l- In'\"OI\'1n= elective muDlapa! and baranpy
loffices shall be final,
executc..-y and not p-

pealable.'

EXAMPLES:
EXECUTIVE POWER
Relative to its power to enforce and administer allis
and
regulations
relative to the conduct of an election. plebiscite, imtiative, referendum and recall. the Commission has Ute rOllowln~
powers:

1.

To require
certificates

2.

To take preventive measures to avoid fraud and other


election offen ...c ...

3.

To supervi ...e recistration

4.

To supervise

5.

To see to it that votes are canvassed

6.

To proclaim

compliance with the rule- for the filing of


of candidacy,

of voters

holding of polls
properly.

the winners,

Ancillary to and in support of the said powers, the Commission can do the following:
1.

To annul illegal registry

"Section 212 Article LX C


"'-:"1
"Feliaano V5. Lugay.93 ru
...

I"

of voters

lQ. = e
~

212
7

.
didatcs.
To proclaim winning can

2
3
4

5
6

7.
8,

To annul the can\ 8~S.!

To suspend the can\'as~,


IO
.
s and canvassers.
To reheve electIon Inspector
ntrol election inspectors and can.
To supervise an d co
vassers II
't' I partIes or to decide whether a party
To reg1ster pol I lea
..
IS a pohtical party}'
nd
late use of franchise. IS
T o supervIse a regu
LEGISLATIVE POWER

1.

The Commission can issue rules and regulations


plement election

2.

to im-

laws.

Tn exercise other It.gitllntivl' functions


('gated to It by Congress.

as may be del

EXAMPLES:
Rules to supervise or regulate the use of media and advert isernent,
2.

Rules to implement prohibition against expenditures.


or those to ('XCI'Ill; of the limits authorized by Jaw.

:J.

To

any lind 1111 other rule!'>to insure


and ordvrly 1IIctwn",.
ISBill.'

JUDICIAL

free. honest

POWER

It has the power til resolve all cases or controversres arising


from the enforcement of election laws.
SAIr,do \" COMEI.El'. lOS Phil 1&1(t96O).
0Alhlln \1j ,\mUll, I H Plul 3t8 (1962).

'/hltl
'"'IUlnO VI'

"Am!u,

\'8

'SlInh.8

\8

SAllldttd

\H

C()~Ir:1 EC. 22 SCRA 388 (1968)


So" seRA 251.
.

l'O~Ir:I.EC.
!'OMEJ.EC.

10:1SCRA 62A

COMr:I.~:("

IAIseRA 529

1111' C C1MMIHHI

'I'" I". III"

liN liN EI I 1"1 IIJNB l('f)MI<:LI':C)

"I III I

I II

~I II II 1"lIIl"ale relntive
1"1'11111111
"", I ,,110""1'''11111'11 III IIII'UI IIIIicinls.
.

213

to thc election,

DOES THE POWER TO ENFORCE AND ADMINISTER ELECTION LAWS AND TO INSURE
FREE. ORDERLY AND HONEST ELECTIONS
INCLUDE THE POWER TO ANNUL AN ELECTION WHICH MAY NOT HAVE BEEN FREE,
ORDERLY AND HONEST?
'1'1", 1111""'1' III 11,'rid .. 1''''cllIIll Cllllt,'sta necessarily includes
tilt' "11,,,'1 III cl"I,'rmIlW
till! validity or nullity of the votes ques11I1I1I'11 hv I'llh.,
IIfllw CUllt,'stllnlll.'4 Further, in connection with
till pnwor III ct,'tl'l'l1Iirll'
I Ill' vull!ht\, or nullity of the queationed
\'OIC'II, till' HIIJlnnw ('11\11'1 uphold tilt' uuthority
of the Cornrnia"iem un 1':lc'I'IIIllIHIII e-xclude "Ie'rllon returna on the ground of staIiIlIH'n I i111prohnhi iiI y," 1<:ll'clllln rr-t urns which were the prod ucts
III' c'cwn'iol\ wc'n' nlao I'xdudl'd und th power of the Commisaion
on ....
:lc,l11II II 14 to exclude IIll' !lIIIlHI WIIS also upheld." Likewise, the
COllllllisl.(ill1l 01\ I<;h'ctiolls hll8 ulso the power to obtain the teatimonv of hunt! writing experts to be able to determine if the elecnou re'IIII"IIR 111'1' fulsifled or not.'7

IS IT THE COMELEC OR THE COURT WHICH HAS THE


POWER TO DECLARE FAILURE OF ELECTION?
In ",,(all/() Jr:

COM El,EC,'A tilt' Supreme Court ruled that.


thc' power to declare a failure' of election involved the power to
decide elect inn contests which belonged nol to the Commission
on I<;)(,('t ions hut to the courts and proper Electoral Tribunals. This
wall I\I~Cl the same ruling in Abt'S Ui CO.\1ELEC:
(III,

The Supreme Court. however, upheld the power of the Commission on Elections to annul an entire municipal election on the

I'NlI1'10nnh,,11I I'arty vs. COMELEC, 85 PhIl. 149.


"LII~UlllhIlY

\'11, COMEl.EC,

16 SCRA 176 (1966).

'.Antolllo, Jr vs. COMELEC, 32 SCRA 319 (1970).


Usrnan vs. COMELEC, 42 SCRA 667 (1971).
1"32 SCRA 3190970,.
1

'"'..! I SeRA

1252(1967).

214
.
not on the basis of its expa
groundofpost-election.terronsm,ts
This ruling in BilLUJan nded
Junsdlctton over electIon c~nte~ ~he ruling in Antonl
(18
COMELEC2
which modi fie
r ower of the C 0 (la.
COMELEC,21 is anchored on th~ brOa~;y the elections Otrltrlis.
sion on Elections to protect the Integn
def t d
and to
te is not erea e .
see to It that the will of the electora

:f

DOES THE COMELEC HAVE THE AUTHORITY TO CALL A.

SPECIAl ELECTION?
The authonty to call a special election was uphel.d in Sanchez
VB. Commission on Elections" on the gro~nd. that failure of elec.
tion justIfies the calling of a special election m .order to .make the
COMELEC truly effective ID the disc~ar~e of Its fun~tlons Just
like the Biliwang case, the Justification 10 Sanchez IS anchored
again on the broader power to insure free. orderly and honest
electioDs 80 that the will of the electorate is not defeated.

WHAT IS THE JURISDICTION OF THE COMELEC BEFORE


AND AFTER THE PROCLAMATION?
JURISDICTION OF
COMELEC BEFORE
PROCLAMATION
(A PRE PROCLAMATION
CONTROVERSY)

JURISDICTION OF
COMELEC AFTER
PROCLAMATION
(CONTEST)

The jurisdiction of the


The jurisdiction
of the
COMELEC over a pre-procla- COMELEC is judicial. Hence,
mation controversy is adminia- it is governed by the requiretrative
or quasi-judicial.
ments ofJudicial due process.
Hence, It is governed bv the requirements of administrative
due process.

"114 SCRA.54 (19821


1132 SCRA 319119701
"114 SCRA 454

THE

DOES THE COMELEC HAVE THE POWER TO DETERMINE


WHETHER A PERSON CAN EXERCISE THE RIGHT TO VOTE
OR NOT. OR WHETHER A PERSON IS PRECLUDED FROM
EXERCISING THE RIGHT OF SUFFRAGE?

It

IS u t w

uhln the iX)" l'r

. tht' Commb'll'n
on E1N"Ih)1\~ 10
a person can exercise the' right to vote. or
'<1'i hether
a t t'N~l\ IS precluded Irom {'Xt'r,'l,.mg the right of ~\Iffragl' or u t This is t\ Judi lsi qu(':-til)U,13 Cases inveb ing t he inelusion
r x lu:-i n of voters is within the jurisdiction of our

rleternlln

"beth('r

eourts
DOES THE COMELEC HAVE THE POWER TO DECIDE AD
MINISTRATIVE CASES BEFORE AND AFTER PROCLAMATION?
The CO)1 ELEC has the po\\ er to de cide adurinistrnt h t' cases
up to and Including the proclamation (',-re;pt these in\ olving the
nght to vote, Before proelam u n, nny problem ..hould hi' resolved
b~ the CO)fELEC In a pre-proeh marion proceeding. ~Aft('r proclamation, when the ccnrroversy should Illrt':ld~ be a contest, the

electoral tribunals

and the court .. have jurisdiction.

IS THE POWER TO DEPUTIZE LAW ENFORCEMENT AGENCIES SOLELY VESTED IN THE COMELEC?
Thl:- po\\ er can be exereised

"ith ht" concurrence of the


President because tht',)' are under the jurisdiction of the President as Commnnder-in1,..

un'.)

hief,

DOES THE COMELEC HAVE THE POWER TO DISCIPLINE THE


OfFICERS IT HAS DEPUTIZED?
No, by expre,,:; rollstitutiollnl
pro, 1,,10n. ~t can (lnly "rl'c('ln~.
e Pre:'ldent the remov .,1 of !\n~ officer or employee II
men d to th

di
Ii
.:s
has deputized. or the impo.:'ltlOn ot au.) 1:'''lP mary acuon.

'8
TO REGIH'ff"( POL""CAt.

mONlun.~:':TC.

pol.,

R ,t r; (1ft r ,uffic"." t I'U bl I(XI f/fUI,


-&CI;on J(I).
I 0"
or 0011/1011 whll h, til
orgo II , a , ,.
I
a part. h r rtqulf file lit mu t pre ent their plul
I

addd,on

f go rnm mt , and accredit

10 U

form or program Q
flh, Comm.

arlM

"1\,

Mllon,

Clhn ,e'h

0' Election
'0"
h 1/ not be regtst
JI

ClIIZ"fIR'

UI!/'/JIOUIJ dP.lIl)/fl'
r

d Tho

t:

1III leI!

: 01 through uiolenci or ufI/(lUful

i 10 ac ,elf 1 "If ",,0


1ft
mlGn' or rt,r.U e 1() U phQld

(I

lid adhere to till C01l811lu

, h h re upportetl by anv forr/Bft


"0"
or w ic a
.JuJU liiew, e be refu ed reg: tratton

gauerflmellt

F&nanclal Cllflt"hlllwlIB (ram (Ort"DIIIIIII r.nunclli.


and tMlra1lenclI'" III flultllcnl pnrut: , orguntzauons, (1111
consuuu tn
I ,/ io ,... Or eandulat rrlalld 1/1 elcctton
t
1 I
16rflreRCf In national a{(mrs. IIIId. II flCII acceptcc , B '(Ill
bt an tJddilUJnalgrolln(/ (or Ihe C(lIIl ellatlon of their reg
t Iorlw"h the ('lImnllRSIII1I. '" (1(""I/(1/I 10 other pe
lira
I I

ali'" ' llaat may be pres rlbcd. Iy (1/1

COMMENTS:
REGISTRATION OF POLITICAL PARTIES
What IS the lmportallcl

of rr gl811'nng a political

party?

Like an artifiCIal per 011 which I considered born from the


time It. ArtlC:le, of Ineerpor rtion 18 approved, a political party
alao acquire, Jundlcal per onnhtj from the time It I registered
by the Comml8llon on Elechons If'rt I not registered, It IS merely
8 group of persons who opted 10 exerersc their tight of asslJciution
Without the benefit. denved from the formal act of registration
such 88 the nght to partlclplllC under I he party-Iist system.
By being registered, a pohlll'ltl party serves notice not only
to the Commission on ElectIOns hut also to the people that it exIIIt8 and that Its members and officers adhere
to the ideals and
principles outhned In Its By-Laws,
Throughout the past decad('s, dozens upon dozens of political parties have been organtzed nnd registered in the Commis-

1111 ! (lMMl
217

.Ion 111\Fit" hllll"

MIIII

111I1t1h',l1 I , \ I'll till hi 11111I InII III'v,' 1H'f'1l 0' ~lIntz(!d


11III'Rrlllll,\',
I II
1"1
I}

pl'tllllllll'lIt

11111"1 It I 11'111 "nduollllI

Ih

r'

,'Iu'h cll Ih" 1"111


I
"I
I
1\1 I Ikl
11111 lu I
'"111
1111'" "1Ie1 tl1I" h[llll h I II'

I VC'

"rnmt

II
I'hl'

11111111111\

I
lie

1111 IVI(

lei,

111118 W

II)

inve

III'IIC

1I

'
I I
I
lind principles of govI
II
I.
\\1
HI numuer
..vcry election
II "

lilli'

I II \'
1111 hll

1"'111'111 III

II

plIlVt'I'M It'IIl'h"I"

'".y

III "XIII

by

hlt"1

till

uleet ions

II

.
111'1,111IIl1d even studunta,

II'

11I1I1"tltl1ClIIIlIR
1IIIVII I'I','n
I

urn-

ki
II h
IIH InK: AI (' II t esc
III 11111 "'(.;11111''''11 of vnlunble
help to
1
'

plllalll'nl 1'1\111c'1I
' "'HIH "l"d
\I... 1111II II 11111 '"111111'
' II
tllml Whlll II! 1111 11111 11\1' I II',) 111111111\ ed our lives and our nnI
11111 11111 I IIl1ll{'c1 10 U8 after lenrnlng
11\11 I t'll ,III
II11111 till
,
t

pnr \ '"

1111'111

1"\11111

Ihili \\" IIf" "

,,'rt.}

1\\11
1111\\"

sY81r'm find tho multi-

\Vllh hlll"III"HS rll II I ,II IlPII"1I111I1I III, IIIUI'I' lind more people
nrt' "I\\''''~ Ihlll .. Ie'1'1t IIl1n.. III II II. 1'1I1I1I1,.y Ill'll no longur 1111erodible
nit I I"'\ 111011'11 t II III 'l'h
I I
'
, , III" \\'1( " \ JI"III'IV"d
lind ncceptcd II, the
A" "111'11 ,,11'11 1111 1"1 111111II' rllll,'
I I
Illlllit III 1111 III I \ III I
,
'111\
11If!, 11111
., ('I'iU'"

pi" III

I' tll"'IIII"IH

\III"

IIIIIIIR, III

1111 II 1'111111'1111"

\11 I hl'l4l\

eruuu-ut

III

IIlll

shnws donn.
' worst,
II illlel,terrorlsm,and

, 1'lIl"lllIlIll1Wnl
1\ I

lVIII,'

find public, to lure the peo-

I'HI1c1I1II1I,

1111 1111111'1111 ",. III

I h"I4I'

\\

lin

Hndl

und corruption

III

gov-

luvishly will lind the menns to


n'I'II'I'I
whnl t h,, hll\ I' RI'I,"1 And whn 1If1' thl' IOR('rs? The people, nrt Iht IlIlIt'llI 'I'hllll" who WIII1 \\111 prufurubly remain In office
for llil 11I1It: fill t lu-v 1'011 11'('1)\1 I IlwlI 11\\ e t mcnt s, and morc than
thuI, thuv Will huvr 1111 IC'IICIt'I1I',) III I'flrll mort' to prepare themItt h"11 for Ih, Ill' I 1,11'1'1 ions. 'I'h",,' 1I1I111I('ulpart ies lind the ideals
j\,r which thev IIll1ncllllllY st ill b 111 Iht'II'11I'1I1t, but they hnve to
MUI'''l\t'
Mill'! hkl'lv,lhll)
Will Jill 11 Ih., pu r ty in power 110 they cnn
rt'uh:lI' I III' 1111111'1'1PI Ih,,\' hllVI' prnlll iEwd to the people I n fact,
rhlu'H"1I III 111111\ 1IIIIltollll1l9 111'('111 el(lily, wl'('kl), or monthly, as
tho IlI't'cI III IS" 'I'ht'\ hllPP"11 h, fllI I', elllrlng and after the elec111'1'1111""

"111'111

tl""K

They mny have their own


ronsuus hili \\ hl'llll'l till'') 11111"lilt" 01' legitimate is no longer impurl nnt. 'I'lw I'I'IIhl"111 II!, till' IHOplt nru 110 longer lit ('1\:>C, The
principlo
IlI'hlllllll",
('III1f11it ut iouul mundnte
to allow "a free and
upen pnrl) ",,,it'I11"
III III avoid t ururunt ism, but why are there
mlln hU'I\t'UIIUI IIlIe!t,. this S) ,,!t'm? Polit it'll I parties are registered
om' "fh,r II1111Uwr 1'''1"'1 illlly dnring till' election, but why can't
'I'm'Ill"IIII"

ill"

H,IIII1~

nunu-rnu

..........

(being

&be benefit

PERIOIIALAI~
..wouT BY TIE STEIl
MULn-PARTY IV

sen'ed by the best and

OF THE LESSONS BROUGHl


SySTEM AND THE PRESENl

d'd

ependent can I ate, especia])y


I PItitippiJIe tetttDl an rnd
.
tioDaI)eye) Wltbout 8 political party I:> pe.rcel~edd outna
h does not have a nationwi e rna.
lid" a weak eaad date" ~tain a political campaign, and
aca-b e to "age or
d lit!
rI fad romment and respecte
po itica] par.
n
W'ho
not win
P ized before the elections.
Emili"
edl
ha e h m Pr' ~g:tnMaouel L Quezon. Senator Claro M
~~
a do ~t~, elhi'.ebnlhaoce mtegrity and honesty but h~
-..;w ,.
lor
'.
h I f h N .
loft to Preaident. CarlOi P Gama despite the e pol
catIon.
ate
IIzena Party Carlos P Romulo suffered the same fate. And

t ..

rea...-._..

Raul Roco, and


M nam Defenaor Santiago, despite the fact that they are reverred
a d outatandlOl fa.antes of young men and women and profes
al. In their own time
10 WIth

SeDaton JOVlto Salonga, Raul Manglapus,

It hat become difficult to erase the said perception


in the
m nda of the people The time has come when the leaders and the
profi
nal u well .. the mentors and students in the class.
rooms b uld come topther to monvate and teach new ideas mo t
ted to our culture .. people It cannot be done overnight but It
can be done through a eenatitutional change which Will pave the
way for am re reallltic and effeeuve part) system,
What I. seemingly overlooked IS that the people arc more
tu.ed when there are more political parties. Perhaps, it may
lie a better Idea to hmlt or categonze the parties to three or four
pnaapal
phlloeophaea and test the people's preference. Those arc
die pollt cal ldeolOIles of democracy, democratic socialism and
communISm A labor party may be added to represent the cause
ofJabor Wblch, In effect. may include agricultural, industrial and
uy and all workers

In the process polities of values and ideology, instead of polio


will b~ strengthened: the people. con(u81on Will be Iessened because they will be limited to
tic. of money and personalities,

chooee the Ideology that 8Ults their belief and interest; the level
poverty and matunty Will be elevated; good and honest one!',

0(

THE COl\1~nSSIOX ox ELECTIOXS (CO~1ELEC)

219

with. the help of their political parties, will have a greater chance
to win; the same su_p?ort shall be equally extended by the government to all the pohucal parties' and whoever is elected will win
by a majority. instead of a plur~lity vote.
Politics of money and personality will greatly decrease, if
not totally ehminated. Thi .. idea will obtain wider participation
oftbe people whos choice w ill be limited to what is really significant and relevant to their lives. The insurgency problem will be
solved because the insurgents can participate in the election and
see for themselves if the people accept their ideology The rich
w ill have less lev erage because the choice is limited to the ideological institutions or \ alues each party represents,
Like in a tw o-party system, the standard bearers of the parties will be chosen among themselves within the party they represent. Whoever wins 10 each party convention shall be the field
of choice of the people. The choice therefore is limited, less confusin~. very democratic. and credible. Whoever is chosen finally
by the people among the three or four standard bearers is apparently the one mandated by the majority. More than this. the ideology preferred by the people will be kno w n. The losers will know
that their ideology is not as strong as they believe, or perhaps,
they will know that the) are only strong and supported in a particular region, province or municipality.
THE LESSONS OF THE UNITED STATES. JAPAN. GERMANY
AND POLAND SHOULD OPEN OUR EYES

In the United States of America . Japan. Germany and Poland, the personalitres of the standard bearers may have influence in the voting. but the platform and the Ideology of their parties spell the great difference. The winner actually is not the candidate but hi" party. In the United States, it is either the Republican Partv or the Democratic Part) It is the same 10 Japan. Germanv and- Poland. In fact. the labor party represented by President Lech Walesa \\ on in Poland. President Walesa is a labor
leader. and yet, he won overwhelmingly.
The situation In the Philippines is different. It is the personalities who are more important than the parties they represent. In fact. even without a political party. a popular movie actor
or television per"onality can win because people consider their
personalities more important than the candidate's ideology and

ADMINISTRATIVE

220

LAW

platform of government. Voters seem no~ to care muc.h about ide.


ology and platform of government when In truth and In fact these
are the factors relevant to the people and to our country.
It 18 this system, the platform and the ideological principles,
that will guide us and our nation. The leaders ~re there to reo
speet and implement the course of action defined m the pJatform
of government. The principles and the agreed pl~tfo~ are fixed
The leaders WIllbe beholden to the same. otherwise, It IS not hun_
self that suffers but hIS political party. This is the reason Why it
IS his own party which WIll oust him from th~ seat of power, and
when this happens. another political party WIll have a chance to
administer the reins of government.

GROUNDS TO REFUSE REGISTRATION


The second sentence of Section 2(5) mentions three instances
when the Commission on Elections can refuse registration and
they are the following'
1.

Religious denominations and sects shall not be registered;

2.

Those which seek to achieve their goals through violence and unlawful means shall not be registered;

3.

Those which refuse to uphold and adhere to the Constitution shall also be refused registration.

Section 2(5}. last paragraph, refers to a situation where one


political party is already regtstered but it has accepted financial
contributions from foreign governments. This is a ground for cancellation of registration.
SECTION

2(8). PROSECUTION

OF CASES

. "Section 2(6). File. upon a verified complaint; or


on Its own mtttatice, petitions In court for inclusion. or
exclusion of voters; Investigate and, where appropriate,
prosecute c~ses of violations of election laws, including
acts or omiSSIons constltutmg election. frauds offenses
and malpractices."
,

THE CO}~nSSlO!\ 0:-; ELECTIONS(CO~IELEC)

221

COMMENTS:
OPTIONS OF THE COMELEC
1.

It can file, upon verified complaint petitions in court


for inclusion or exclusion of voters ..

2.

It can, on its own initiative, file petitions for inclusion


or exclusion of voter".

3.

It can inuestigate violation of election law", including


acts or omission" constituting election frauds, offenses,
and malpractice".

4.

It can prosecute cases of violation of election IIlY-s. including acts or omission. constituting election frnuds.
offenses. and malpractices.

POWER TO INVESTIGATE AND PROSECUTE


This IS an exclusive power of the Commission on Elections.
For this reason, an information charging an election offense can
only be filed by the prosecutors when they have been deputized
by the Comrnission.t" When it is the Commission irself that. prosecutes a case in court. the latter acquire" jurisdiction over the
case and it may review the actions taken by the Ccmmission."
SECTION 2(7). COMELEC CAN RECOl\ll\lEND l\fEASURES
TO CONGRESS TO l\IINIMIZE ELECTION
SPENDING. ETC.
"Section 2(7). Recommend to the Congress effectin! measures to minimize election spending. including
lirnitation of places where propaganda materials shall
be posted. and to prevent and penalize all forms of election frauds. offense ....
, malpractices. and nuisance candidacie s."

'DOPl'Ople
vs, JudI:!! Intenr. 11:\;SCRA illS. i94-795 (1990).
:nP,oopl!>, <, Delgado, 11>9 SeRA 716, i20-i22 (1990).

222

. r of the COliofELEC tr
s tbe powe
d
J
Section 2(7) merely sUite
the CongresS in or er:
.... ea!ures to
recommend e (Iieclne....
d
nding, an
pe
1
To minimize election S

,.
I
(ortn of electIOn Irauds
e I
'
2. 1'0 prevent an d penahz da uj=atlce can d'd'
I acres,
offenseB, malpractices an n -

COMMENTS:

MELEC TO RECO~f~IEND
SECTION 2(8). POWER OF ~~ ANY OfFICER
OR E~f:~:~~~

HAS DEPt7fIZED

R
end to the Pre3ident the reo
"Section 2(8). ecomm
de utized or the
moual of any officer or employee II has:.
fo; uiola
impositton of an, other d,sc,pl,nary ac lOn,.
tum or dlBregarci of, or dIsobedIence to Its d,rectu;e, order; or decision .

COMMENTS:
The power of the Commission on Election~ under Section 2(8)
is merely: (1) to recommend to the Pre:.ldent the removal of any
officer or employee It has depuuzed; or (2) to recommend the imposition of any other diSCiplinary action for violation or di "regard
of. or disobedience to Its directive, order, or decision.
SECTION 2(9). REPORT OF COMELEC TO THE PRESIDENT A."W CONGRESS
"Section

2(9). Submit to the President and the Congress a comprehensive report on the conduce of each election, plebiscite, inttuittue, referendum, or recall."

Self-explanatory.
SECTION 3.

r:

THE COMELEC SHALL PRO~fLLGATE


RULES A.'l> PROCEDL'RES

"Sectil!n 3. The Commission on Elections may sit


en
or In uco divisions, and shall promulgate its
rules of procedure III order to expedite disposition of elec-

ITS

1111.' OMMI

t ion "11 II"

1/,1'/11 ' It "n., /'1' /11111'111111111,,,,,


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I

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"11lI1I1,,. t!"'~"Il
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wl .. , 6I'"I1Ir1 II I" "II',I'(
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Bit

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"ftl'""'I;1)

,Wllh

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uppealable,

and if 80,

m p.1..ction f'onU'8hl relut-

101111' .!t'I'II'III, I. I II ru II Irllflqllllitlil-nllflnsllf


nllu'gl(JIIul, provinIilllllllcl I'll Y IIf1II'IIIIH.whirh IlI'1! within 11611r1ginnlJuri
flit-tlllll, llwy
IIIIlV I" IIPJl"IlI.,cI III 1I11' SUJlrc.m. ('"url ill (. petitio" for (I',lllJrnri

1111(

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.11

,,"l

II... , ,.

cf",", hfl

g' five nhu

Willi

1'1 IIR II11Urislill'IIIIII

I'

tho determination
01 whether
of discrution nmounung to lock or exI'd ""

lUI

W,lh """111'1'1 III 11"('illiI1ll8In ,'11.:(111111 contests involving


mu,"1"11,,1III bllfl'"Hny
nllil'iulll 1111Clrlgilllllly d ...idr.d hy rl'gwnlll or

t.. illl

1IIIIIIIC"II,,1

I ion, 'I u-

'1""'"

which '"'' within .tA npp ..1I111njllrlllChc


8hllll I". finu}, I XtclIlt.ry and not. uppenluble.
1'11111'",

'l'IIE C()I\1ELEC
':t1AY SUPERVISE
OR
1t1":(~ULA'I'E J':N.JOYl\1EN1'
OR U'J'JLIZA
'J'ION Of,' ALL J<'ltANCIIISES,
ETC.

t, Tlu

during till' elec/111/1 /l1'1/1JI/.


811/1"1"1
eor rvgulate the I'nj()ymp.fI( or utilizat unt II/ ,,1/ [ranchlse or permits for the operation of
trunsportnt usn and other public utilities, media of com111111111'(11/(1111111II(IJIIIlUI;OIl, all grants, special prirtlego,
".';N'I;OIl

1/,.

('IJIIC'I'"",,,,,

1I11111JII,

C'JfIIfIII8t11f111

by the Gouernment

gl(lTIll'd

(/~""ry,II""I"llli"H'lIlctlI/Y

RO'l('IIIIIII'1I1

(lWllt'd

-8ctt Ion :.!(:ll. "'t,tle

"IlIY,

or controlled

IX(C)

or any subd:

thereof, including any


corporation or its

2.4

sub, idiarv Su,h SUPCrI'ISIIIII


or rt'gulolion sf;': aim to
ensure equal opportunity, tl11H', oTICI space, on lie right
to N'ph', including reusonable, equal rates therefor; for
public informatlon campatgns and forums am~llg cand,dn/I's '" connecuon uith til" objective of holding free,
orderl)', honest, peaceful, and crl'cilble elections,"
COMMENTS:
Whnt

IS

the object

I\'C

Tho second sentence


",\ r r Tn

of Section 41
of Section 4 nnswers

this question

"(/1101 o!1portllllll.y, lime and space,


and Ole' right to n'plJ', IIII'll/dill/! reasonable. equal rates
l'IUlln'

t",'rl'/ilr, [or publi information

compcl/glI and forums


('(IIIIII'('(101l1l'IIh th objectiue of hold

(""illig l'I",du/llll'lIll1
lIIg [rec, orderlv. "01W,~t, pt'ac(,{111 and credible elect 1,011S, "

Whnt eun
obj"cll ve'

t h

Cnmmission

on Elections do to achieve said

TIll' COlllllllssion mny, during the election period, supen ise


or regulnre: (1) till' enjoyment or utilization of all franchises or
permits fur t he opurution of trnnsportntion
and other public utili.
ties, media of communicat io or inforrnauon, (2) all grants, spe-

cial pri\ ileges. or l'ollcl'ssion" grunted by the government or any


suhdiv ision, II"WIll'_\, or instrurnentnlity
thereof or any governmentowned or controlled corporntrou or its subsidiary.
SECTION 6.

NO PARDON, ETC., WITHOUT FAVOR.


ABLE RECOMMENDATION
OF THE
COMELEC TO THE PRESIDENT

"Section Ii, .Vo pardon, amnesty, parole, or sus.


pcnston o( sentence for violation of election laws, rules,
and regulations shall bl' granted by the President with.
out the [arorablc recommendation of the Commission."
COMMENTS:
Section Il rest rict s the POW!.'I' of the President to grant pardon. nrnneaty, parole or suspension of sentence in two (2) cases:

THE CO'I'IlS~IO:-; 0:-; El.El:1'I0!-;:; (CO~tELEC)

1) in \ iolai ion 1>1elvct ion lnws; and


rules and l'l'~\lll\tions,

(2)

in violation

225

of eJection

,\\'i t hout t he fu\ orable recommendation


of the Come lee, the
grant pardon, amnestv, parole or suspension
of
sentunce Il\ tht's(\ two (2) cases

l'rt'sltll'llt, cannot

A "'REE

AND

OPEN

PARTY

SYSTEM

SHALL BE ALLO\VED TO EVOLVE


"Sf'('/;(H! 6. It free and open party svstem shall be

olio" ni t, Cl oft u aecording to the free 'ch~/('e of the peopic, ~UbJl'ctto the precisions of this Article:"
COMl\tEN'l'S:
In nddit ion til the commeuts of thl' author in Section 2(5),
purt iculnrly on t he disadvantages
of 1I multi-party
system, the
follow Ing obscrvat ions w hich arc bused on experiences in the last
five l,ll','II(I1\:; nfll') 19si. may serve as guides in determining
whether there can indeed be a free choice of the people out of
\\ hich II frl'" nnd opun party system can evolve,
'l'here can only Ill' froedom of choice if the people who make
such choice lIn' indeed free: if those who are allegedly chosen are
free: If till' true intorcst of the people are served and taken cared
of b) t huse who claim thl') nrc free; if the people nrc liberated
from gran. corrupuon
and greed of those in ladders or governnWIlI: If I lit' votes nre countered truly and freely: if the people are
freed from hUIIJ:,'r lind want. Freedom a. it is written may be 100
1'111',)' til rend but It cannot teed a hungry stomach.
Mnssiv poverty nnd unemploj ment prevail all over the land.
lgnurunce and huuger, aggravated
b) famine, calamities. insurJ.:t'I\l'y and cr-imes, hnv e added misery and pain to the people who
are expected to muke n choice. The problem is they hav e no choice
III nil. Ht'I" t'l'll till' beautifully
worded constitutional
mandate
und their survrval, they will choose first to earn, no matter how
modest, to bu) just n kilo of rice if only to live for another day.
'1'rllly. they cannot 11I1\l'a free choice.
And yd. despite the crisis upon crisis that they suffer from
dn) to day; grnft lind corruption goes on unabated from the streets
ttl IIIl' halls of power, There should be an end to this. otherwise,

IVE LAW

,\I)MINlsrRA r
226

ence and freedom on Pa


I in d epe nd
h'
attain is mere Y
hich is actually t e one that
Id
what we cou
. . dependence w
per but not economic In
makes us free.
. ed on the basis of the three
be categho!"'zand principles that repre
Let POlitical parties
. I h losoP res

(3) or four (4) princlpa p I


rty after all, is ably represented
sent their true interest. Each ~ad ~ithin the party. By then, We
by the brilliant and honest Olin It will be easier to identify them.
will know the people's p~fe~n~e'est which they know 80 well, in.
selves within an organized an vith personalities they do not even
stead of identifying themselves. ~t solutions but the problems af.
know. There may not be.ove ~Ig the poor and the less privileged,
l Y
fecting the people, partlcu ar
will be addressed promptly.
SECTION 7.

VOTES CAST IN FAVOR OF POLITICAL


PARTY IS VALID IF REGISTERED UNDER
THE PARTYLIST SYSTEM

"Sfttion 1. No votes cast in favor of a political party,


organization, or coalition shall be valid, excel!t fo~ tho~e
registered under the pa rty- list system as provided In this
Constitution .
Self-explanatory.
SECTION 8.

POUTICAL PARTIES UNDER THE PARTY.


LIST SYSTEM SHALL NOT BE REPRESENTED IN THE VOTERS' REGISTRATION
BOARDS

"Section 8. Political parties. or organizations

or
coalitions registered under the party-lis: system, shall
not be represented in the voters' registration boards
boards of election inspectors, boards of canvassers
other similar bodies. However, they shall be entitled to
appoint poll watchers in accordance with law."

0;

Self-explanatory.

THE COM:MISSIO:\' O:\' ELECTlONS (COMELEC,

SECTION 9.

227

ELECTION PERIOD

. "Section 9. Unless otherwise fixed by the Commisston In special cases, the election period shall commence
ninety (90) days before the day of election and shall end
tlurty (30) days thereafter."
COMMENTS:
Section 9 speaks of election period which is different from
campaign period.

ELECTION

PERIOD

CAMPAIGN PERIOD

] t is the time needed

to
It is the period when votes
administer an election. It goes are solicited.
beyond the day of the voting by
The campaign periods are
express constitutional
provision, thus: "x x x the election hereby fixed as follows:
period shall commence ninety 1. For President, Vice Presi(90) days before the day of elecdent and Senators. ninety
tion and shall end thirty (30)
(90) days before the day of
days thereafter."
the election:

2.

For Members of the House


of Representatives
and
elective provincial, CI ty
and municipal offici als ,
forty five (45) days before
the day of the election

However. in the preparation of the election calendar.


the Commission may exclude
the day before of the election
itself. Maunday Thursday. and
Good Friday.
Any election campaign or
partisan political activity for or
against any candidate outside
of the campaign period herein

.wWINIS'J'RA Tl\ 'ELAY>'

228

ro"'ided is prohibited a
od
shall be cons:id e~ed as an elec.
tion offense punishabls under
Sections 263 and 264 of th
Omnibus Election Code.
e
P

---L-------------

L_
SECTION

10.

BONA FIDE CANDIDATES

ARE PRO.

TECTED
"&clion 10. Bona (ilk candIdates for any public
office 'hall be frre from an) form of harassment and
discrimination,"
COMMENTS:
Section 10 means that with or without a part) affiliation. II
bona fide candidate is protected by the Constitution against wany
form of haressment and discnmlnation."
SECTION II.

FUNDS CERTIFIED BY THE COMELEC AS


NECESSARY SHALL BE PROVIDED
IN
THE REGULAR OR SPECIAL APPROPRIA.
TION

"&clion 11. Funds certified b) the Commission


as necessary to defray the expenses for holding regular
and special elections, plebiscites, initiatives, referenda,
and recalls, shall he prot lded In the regular or special
approprtauons and. once approved, shall be released au.
tomatically upon certification by the Chairman of the
Commission ."

Self-explanatory.

CHAPTER XII

THE COMMISSION ON AUDIT

TOPICS IN THIS CHAPTER:


1. Section

l( 1)

Composition

2. Section

1(2)

Term of office and staggering

3. Section 2(1)
4.

Section 2(2)
Audit (COA)
A)

6.

Exclusive

and duty of the Commission

authority

of the Commission

on

A.1)

Code (SEE-PRODE)

A.2)

Post-audit

A.3)

What IS the extent of the auditing authority


of
the COA over government-owned
corporations?

Section
entities
(a)

Power, authority

of terms

Simplification

a.

5.

and qualification

authority

of the COA

Can the COA conduct a post-audit


has already performed pre-audit
tion?

3 _. Prohibition against
from COA jurisdiction

exemption

Case: Felix Uy,l't at. vs, Commission


No. 130685, March 21, 2000

00

of Government
Audit, etc., G.R.

Section 4 - Annual Report of CO A to the President


gress

229

exam if it
examina-

and Con-

ADMINISTRAtl'IV~:

230

LAW

DISCUSSION
SECTION

1. COMPOSITION

AND QUALIFICATION

"Section 1(1). There shall be a Commission on


Audit composed ol a Chairman and two Commission
ers, who shall bl!natura/born citizens of the PhilippLIle.'l
and. at the tW11!cf their appozntmcnt. a/ least lI"rty
(iVI! years of age, certified pub!tc accountants
with not
less than ten yean; of auditing experience. or members
of the Philippine Bar uho have b('('11 engaged tfl the prac.
ttce of law for at least tell years, and must no/ have been
candidates for any elective position In the elections iII/mediately preceding their appotrltmenl. At TID time shall
all Members of the CommiSSion belong to the sam.e profession ...
COMMENTS:
COMPOSITION

QUALIFICATION

The Commission on Audit 1. Natural-born citizens of the


is composed ofa Chairman and
Philippines.
two Commissioners.
2. Thirty-~ve (35) years of age
They are appointed by the
at the time of their appointPresident with the consent of
ment.
the Commission on Appoint3. Certified Public Accountmenta.
ants with not less than ten
(~O)years of auditing experrence or members of the
Philippine Bar who have
been engaged in the practice of law for at least ten
(10) years.
4. Must not have been candid.ate~ for any elective posih.on 10 the elections immecli~tely preceding their appomtment.

Till, \ "'II

\\ hit'

31

(,OMMKN I'S:
fill" ftrt "PlWII\lc ,t I, r n t.'fm of ~I ven (7), ars without re.p~)i'1t\1 mc'lll {)f I tll {onum "h'IWI'S first ppoinh d. thl Ch. U"
n\il1\ ~h"ll twirl
101 ('H II t'l) \ I rs, nc Nlmmi,.,.loncf for

om.

th"6 l5l

\1'1\1':'.

1\

t tho other 0, umussroner

fOf

three (Sl

ars

\\ hnt Is It\(' rut ehnnisiu ,f ,,1 germg tht'1 terms:


~~\'t'n C \\ o (2 \, I\~ the' term font COnlmi,;:-ioner t' :pire,.
1"ln mg b:hmrl 1\\0 I pt'rINh" d ornuussioners If a ... \1\0(') oecurs, the' { omnnsstoner "" npl inted to fill up the \-a('nn('~ ,.hsU
sene,,,,h fm th. lllw:\lHr,dl,rmofthlllrt:d,
t"" r.

ECTIO

~(I.

PO\\'I\R. At rUORllY
l ()~tMI~~H)~

A~D Dl'TY OF THE

mlng

and mtk all accounts pe rta

10 the revenue

and

recei 1 0[, and expend,tures or uses or fi!nds an propert ~ned or held In trust b), per~ammg to, the Go.
:>
t
any of Its subdIVISIons, agencte , or
ernmen or
d d
instrumentoliues including government-owne
an controlhd corporatIon wiJh ongmal charters, an~ ~n a
p<nt-audll baSIS- a con titutiona! bodIes, commisstone
and ((we thai hate been granted fiscal autonomy un
der this Constitunon; (b) autonomous state colleges and
11m nItre.
c other government-owned
or controlled
rporattons uiith original charters and their substdi
IJTUS and 'd. such non-governmental
entitles receuung
.ub idyoreqult)
directly or indirectly, from or through
tire gor.;ernment, uihicl: are required by law of the grant
lng In titution to submit to such audit as a condi uon of
sub Idy or equity. Hou ever, where the internal control
IYsum of the audited agencies is inadequate, the Com
m,",on may adopt such measures, including temporary
or .pecial pre audit, as are necessary and appropriate
to correct the deficiencies. It shall keep the general accounts of the Government and, for suclt period as may
be provided by law, preserve the vouchers and other sup
portIng papers pertaining thereto. "

SBCTIO

2(2). EXCLUSIVE AUTHORITY OF THE COMMIS.

SION ON AUDIT (COA)


-Sec'"''' 2(2). The Commission shall have exclu.we authority, subject to the limitations in this Article ,
to tkfirre tire scope of Its audit and examination, establuh the techniques and methods required therefore, and
promulgate accounting and auditing rules, and regulations, including those for the prevention and disallowance of Irregular, unnecessary, excessive, extravagant,
or unconscionable expenditures, or uses of government
funds and properties."

COMMENTS:
_The broad pow~r. authority and duty of the Commission on
AudIt are the following:

'I'I Jli', o,OMMIl:lHION ON AllOI'I'

SIMPLIFICATION
1.

CODE SEE.PRO.DJ.;
Svettle

(to scule 1111 accounts of governmentl

E.xaminc

(to eXllmino and audit all expenditures of gov('rnment)

Examine

(to examine and audu all revenues of government)

PROmulgatc

~to pl'ornlligato accounung and auditing rules


Including those for the prevention and disal
lowanco of irregular, unnecessary, excessive,
extravagant 01' unconscionable expenditures,
01' uses of government funds and properties)

DEline

(to define the scope and techniques for its own


auditing procedures)

Necessarily
authority of the
to decide a case
extravagant, or
ment funds and
2,

arising out. of tho aforementioned power and


Commission on Audit is its power and authority
on account of "irregular, unnecessary, excessive,
unconscionable expenditures, or uses of governproperties."

POSTAUDIT AUTHORITY OF THE COA


The Commission on Audit (COA) has only post-audit
authority over: CODE - COGO-NON-GO-AUTO
CO-nstitutional

bodies. Commissions and offices that have


been granted fiscal autonomy under the Constitution

GO.vernmenl.owned
or controlled corporations and their
subsidiaries
NON.GO.vernment entities receiving subsidy or equity, directly or indirecUy from or through the government, which are required by law or th,e
granting institution t~submit ~osuch audit
as a condition of subsidy or equity
AUTO.nomous

state colleges and universities

'4

,
3

'I'llIj' AI].,I'I'I N(; AI)'I'IIOH.

WHATIS TH.~ ":X'I'KN'I 0


,'NM.'N'I,.OWN,t:U
lTV O"''1'U.; GOA OVI:HOOV.,K
'
POItATIONS1

COlt.

'I c'
IH811111 fill AudilllvI'r
W'VIlllthllrity
III til'
11111111
.:
IV
10
I1106" WI II I 0111(111111
I
"" Ilt'tl t'UI pili 1111111111 (,)(11'111 R 1111
I
111 1111'1"11'1'1'11"11'II11hlH
poWl'l, Ih.' ('n~nrnlflR;"1l
11l~."I1_

1'1", auditing
t'llllllt'lIt

t'llIIrtt'rll
1IIIII'IIv

U\'I'"

1I''I'lIl1l1ll1hlt,

"IIII'I'f!

111'111'1'1'8 1I1111utlll'r

W HI

JII'I

IlI'm

11('('lI\lIItllll( I'IIIII'IIIIIIH

CAN THE COA CONDUCT A POST-AUDIT EXAM IF IT HAS


ALREADY PERFORMED PRE-AUDIT EXAMINATION?
'!'hill
"H,

Willi

tllIlIlllilll'd

('111/1111'""11111

""

Alldit

ill 1)elll'll/pIII",,1

UtllIl,

IIf IIII' /'IIII/,,/}II/('11

nASIl} P'UNC'P"I':S TO ItIt:M..;MU ..Ht:


1.

'l'lu- ('UllllllitlHillll Oil Audil ill th cent rill nccountrng


"K('IH'Y of till' KOVI'I'II 1111'11 L (If t1w 1{I'puhlic of I h(' Phi II P
pilll'H. AH such, il hUH the r<'flPOlll!ihility~ (a) to protect
public

(Ill 10 k('('p truck of ...11r('c(,jpIH lind dlK


hursoment of'publi funds und propel1ic'H; find (c) to huvn
('IIHtudy und n'('ord!! of 1111covering vouchers.
2.

funds;

How cnn it protect public' funds" All collectrons and revturned over to the National Treasury
cannot 1)('
released without cor-responding' appropriation
made' by
law. In tht' absence of u law either authorized
by the
Conatitut ion itst-lf or by Congress. it IS the duty of the
Cornmisaion lin Audit to refuse approval of any request
to disburse public funds. The reason for this it! because
every flingh' centavo earned by the government
and
which nrc turned over to the National Treasury should
only be used for 1\ good and legitimate purpose,
('IIUI'S

3.

To protect public funds, and to see to it that these funds


,.re disbursed and spent properly, the Commission
on
Audit it! not only limited to the exercise of the power
and authority provided in Section 2(1), It can also bring

'Section 2(1). Article IXID).


"231 SCRA (1994),49 SCAI) 666

'I'll!!' ,

COM!\tlSSION ON AUDIT

4,

5.

SECTION

235

to the attention of P
,
annual report it
,resident and Congress, through its
and operatio ,If S ~ssessment of the financial condition
cies and 'In ,t not
e government. its subdivision, agen,
S TUmcnt lities.j
,
or controlled c
a 1,les. including government-owned
tics It ca
orporatlons and non-governmental
enti,
n even rec
d
'
prove their eff
. ommen measures necessary to rmecttveness and efficiency.'
Any monetar~' I .
.
be til d . h t calm agamst the government must first
e Wit the Co
'.
..
upo
t .
mmlSSlon on Audit. which must act
th n II within sixty (60) days. If said claim is rejected,
C e calmant
can elevate the matter to the Supreme
ourt On certiorari under Rule 65.
The .co.ns tit
.
I utional
competence of the Commission on
Audit IS only with respect to the administrative
aspect
of the expendit.ure of public funds and not with respect
to the criminal aspect for the irregular expendit.ures.
Hence, even if a voucher has been approved by the Comrrussion on Audit, the provincial fiscal is not precluded
to determine
whether criminal liability has been incurred '
3.

PROHIBITION
GOVERNMENT
RISDICTION

AGAINST EXErt1PTION OF
ENTITIES FROM: COA JU-

"Section 3. No law shall be passed exempting any


entity of the Government or its subsidiary in any guise
whatever, or any investment of public funds, from the
jurisdiction of the Commission on Audit."
This simply means that an) law exempting any government
entity, or any investment, or public fund~, ~rom the jurisdiction of
the Commission on Audit (COA) IS prohibited.

'Section 4, Article JX<D).


'Ramos vs. Aquino, 39 SeRA 41 (1971).

AIlMINH\TRATI\'F

I \\\

CASE:

FELIX uy, ET AL. VS. COMMISSION ON AU1)II',


G.a. NO. 130685, MARCil 21. 2000

1,' C

FACTS:
Petitioners were nm(IOKtill' IlHlI'(' thun ~"I.\ IWIIlI:l1Wnl (\mployees of the Provincial :ngilwt'rinH Offic, PI'I'\ 11\('1' c)1.\~Il:-.II\
Del Sur. who were disrniased from till' lIt'I'\'I(',' h,) t heu (~c"1'1'11,\1'
Ceferino S. Paredes. Jr . when tilt' luttor as!'IlIlIw(1 clffln' ,\111\8"
edly to seale down the operations or the ~Hl0 IIIlII'C'.
On July 11. 1998. the petitioners tikd:\ Iwtlllllll ten 11'11\statement before the Merit SYllttHtlZ' Protect iou HII:l1'ciC\1SPH),
allegtng that Governor Paredes Willi motivated h~ I'clht H'.II \ c'nlC
anee when he dismissed them and hired new I'mplc\ I'C'. t,l rt'
place them It appears that during the PI'IUic'lIl ~ c\1tIll' Ilt'IIt 11)1\
for reinstatement, Governor Paredes issued Ml'llIlll nudum l )rlil'l'
No. 3A dated March 20, 1989. providing fill' till' hl1 11l}' of ""'lUll
employees to replace the dismissed t'mph')I't'S, :tllt'ti,'d" lillt\ tIl
exigency of service
On January 29, 1993. the MSPB rendered II dl'c'lslc\1\ 1I111,h1\8
that the reduction in work force was not done ill :\rl'!\1'cf:l1lf,' "It h
civil service rules and regulation fl. und urdu rill~ Ihl' 1I'1IISI.III'
~ent of petitioners, Subsequently. the MHPB 1'1'111'1"1,11 nit' 1'1,1\ \1\cia) Governor of Agusan Del Sur to pay potit ioucrs Ilwil h:\I'" :<:11.\
ries and other money benefits for the period that t1lt'~ h:\11 hI"'"
out of the service until their reinstatement. Mill'll lut or, till' 1'1'1\'
vincial Governor of AgUSll1I Del Sur Willi ordered tIl !'I'install' th,'
dismissed employees.
, The Governor continued to refuse to implement 1111' III 111'1 III
relns~te. Thereafter, the matter WIlR hrought ttl t lit' en it ~c'n h'c'
Commiasion (eSC I which 18NU(,d un Order (Int I'et 1)('\'1'11\ 1.1'1 I I

1111,

Ill/lt.

nlll

II 'N

liN /1111111'

1t",:I, IIill'l 11111' 1h. (j \j


",11.,,,11 Ilid 01""1111 III""11111111'11111,1
I I
"
II lo.ft,
"II
111111111111".1111111111"
1r
I
,II
111"'11111'

1111111111

(,11 ...

'. mn

1 It ernp "\t'C

II,

'U'

(o(

31

Iile

b, constrnined

wlIlIld

11m

\\!tll

nnd other re pnns

'1'1" ('~(' f"'11I1I11 ,


,,""111111 1IIfII'II1vIIII'Ir
I ~I 1111111111 II Indlll r.t contempt

prore

dlllg

wh 0 wn hly 1II 11I)I mocnto 111111'.8


1"111111'1 ,.cI ('IIVI'
II

111111'
fa):n III
I
II
Illually 1"'IIIIIUII'II
' I 11m I' y, uru
1t\1~1I1peuuoners
III I hi II rurm(' r po itions
1

'l'hlH

WI'"

"'V,

III."

'I'll" c1111 11'1111 II II III


1 I
Provl lie illi/\ I '
I"' I 111111 rll,il" not ond, lor on .Iul) ~l, I ~HlJj,
wrnfC'11 11'11"1 I '"III1IRllflllII
' IfrI nne I III II hn I f otllO\Cfllllr PI nzn,
11
t ,',
t 1" '"1"",,11'111ellA IhlllllCh Ihl Pl'ovhwIIII Auditor,

ttUl

II

1111111111'

1111

I,

III

1IIIIIIwiliH

WIIIIh"l

111'

'1"1

1IIII1R

II II I II(I' M~I
.,
'II (

111'111'11111{ I !til Jlllyllll'lll


lI'II"'lt'i' III II, I" 1"'IIIHt..tl"d

11'"WIiI

'

IVII SI'I VI('l


III

Commlsaion

hnek snlnrlc

('lIlIlIIlY""II,

III

0(,-

find 1I11wr

till,,1 lind

l':\-

111'111 II I'y ,

2,

Whdlt"11l1
dot"I'II1III1'

;l,

11111 till' ('0/\

is IIl1'only proper 1I\llhol'lly


d' 1111<It dll4!11I1'8(.1tll'lll
18 In order:

III

Wl1I'lhc'l' 111' 11lit 1'111'1111'1' (l1lV1'1'1l0r


Ceferino S, Pnrede
.Jr',.' who IWlllI't nilI'd IIII' IIll.gul net of dismisaing the
RllId I'Itt pIIlYI'~'H, wuuld Ill' Jll'I'Rt)l),.tly liable for pEl) ment
of hack ""lul'Il'l-I lind othc'I' benefits.

','IH' ('U/\ held Ihut I huru is no impediment to the payment of


back Hullll'll'lI und 01her hl'lwlits umounting
to P3,322,ti96.0l1
"which hns heco IIII' lilt' personu] liability of former Governor
Parede, It lIJ1JlI'llring thnt the illegnl diamiss al was done III bad
faith Bfoi ch-urty IIhuWII in tho herein records."

For IhI' fungolllg

rvuson, thu Provincial Government


of
Agullan ))11 SUI', I hrough its /\clin~ 1'1'1)\ incinl Treasurer. refused
to release pet it ionerx' remaining back salaries and other monetary benefits
Pl'tltICIIWI'H moved for rcconsideraticn
but It was
denied by the e~A,
t.his spcciul civil action for certiorari where the petiraise the following assignment
of errors:

Hence,

tioners
1.

The eOA committed a grave abuse of discretion tantamount to lack of jurisdiction


when it ruled "that payment of their back salaries and other money benefits
became the personal liability of former Governor

lld

lint elf tIll' Provincial

Uov

.J r., Il
M 't L'
'1) I SIr nftl't" t1w
C','I "Y8lt'lna
r
A"U811n
C""
.'
t
ern men 0
..
lid till' ('1\" ~l,,"\llrc' ( el1llHUR8tn" fh
Prolc'rtlon BOllnl n I
I nnd p;<t'c'ul"I'Y:
I rl'd It II d.'l'IS")I'S
1110
cit
lIute llullwrilY tu ruvrsu, nnwnd
lllll
2
The COA hns 1l0fj l)l' rI pnrtilllly ~':I.t'cllttd dl'ci~iollsi
.
dif tho inn [HI
and 010 I Y It
S. I -ms Protcctiull
Boord and the
ers of the ~ !'ret ~6 1
d
or
..
II'
I"
'I Service Com'1lI6~J() ,
\,IVI
)
th ' Mt.ril S\ Slt'IllS I rotcction
Bonrd
decISIOns 0
e.

L.
I
I b
Th
a,
e
'Ivil S"r\'ICl' Conlllllssion
IItlVC 11 r('a~ Y
een
and the C
t I hv the local govcrnnH'nt
U01t of the
. II execu t'(
portl8 Y f A ~'IJl Ih.1 SUI' by I'cinstating
p('titioners
ProvInce' t: 0
gu,

d
oarti
.
sr I)O~lti(}n~ in 1993 on pnruatty II' pnYlllg
to thei
r Illrme'
f1'
1\1
II'
'"
H
,
Wit t'S in 1111'Unlount 0
\\0 I Ion I wo un.
th(',rb?ck
~ ,Four lIundn.d Twenty Throe I>l'SOs and
drl:d NIF""lY (1~1212n I ,12'1 'J,t) centavos on December 12
Thirty
our
,'"
""
,
1995.
,
'
is whet her n'l>pondcnt COA, in till' cxcrciso
The hi nge IBIIUC' 1
rl k

dit cun disullow


the payment 0 inc wug<'s of
o f ItA power to au , , .
)
, 'I G
11 llv di
'
d emilluy('('s hv the T rOV1I1CIU
sovernmont
of
I ega
IlImlIlHC"
Id
Agusan [)C'ISur which has been decrCl'd pursuant
to a lila cci
sion of the Civil Service Commlslllon.
S I'ol'!'ch's

..
CC'l('nno

'

"

HELD:
The COA is bereft of power to disallow
tioners' hack wages.
1.

the payment

of peti-

The ruling of the respondent


GOA it' based on its finding that bad faith attended
the dismissal
of petitioners, In arriving at this conclusion, respondent
eOA relied solely on the MSPB derision of January
29, 1993
holding that the dismissal was illegal because first, it
was made in violation of Section 29 of EO 292 and Section 14 of the Rules on Personnel Action and Policies,
and second. new casual employees were hired under the
guise of exigency of the public service, A careful pe-

rusal of said decision will disclose that the MSPB


never made a categorical finding of fact that
former Governor Paredes acted in bad faith and
hence, is personally liable for the payment of petitioners' backwages. Indeed, the MSPB even


THE CO

2.

M~nSSIO!li ox AUDIT

239

found that th
havejustifiedetrhe
Was lack of fuods which would
't
e
red
. the workforce were
1 not for the p
uc t'100 10
't'
. . .
ment a t100. If therocedurallofi
MSP
rnn res 10 Its impleGovernor Parede it B found bad faith on the part of
his perl>onalliabi~'~ ;ould have categoncally decreed
titioners. To be 1 Y or the illegal dismissal of the pec.eed from the th::ret even t~e ~eti~ione~s did not prohabllity of Gov ry ;at their dlSmlSsallS the personal
ruling that bade~~~:h aredes Familiar learning is our
alleges bad faith
cannot be presumed and he who
at bar thE' d I has the OllllS of proving it In the case
the q~antu eClfslOnof MSPB by itself does not meet
m
sumption of 0 dProof necessary to overcome the pregoo faith
The case at ba b "
POwer f th r nngs to the fore the parameters of the
0
e respondent COA to decide administrat.Ive cases
involVl"
. funds. Und b
ng expon diiture of pubhc
. ou. t~dly, the exercise of this power involves the quasiJud~c.lal aspect of government audit. As statutorily
envIsioned, this pertains to "exammation audit and
settle~cnt of all debts and claims of any s~rt due'from
or owmg to the Government or any of its subdivisions,
agencies and instrumentalities." The process of government audit IS adjudicative in nature. The decisions of
COA presuppose an adjudicatory process involving the
determination and resoluuon of opposing claims. Its
work as adjudicator of money claims for or against the
government means the exercise of judicial discretion.
It includes the investigation, weighing of evidence, and
resolving whether items should or should not be included, or as applied to claim, whether it should be allowed in whole or in part. Its conclusions are not mere
opinions but are decisions which may be elevated to the
Supreme Court on certiorari by the aggrieved party.
Accordingly, the fundamental
requirements
of
procedural
due process cannot be violated in a
proceeding,
before the COA. In the case at bar,
former Governor Paredes was never made a party
to nor served a notice of the proceedings before the COA.
While administrative agencies exercising quasi-judicial
wers are not hide bound by technical procedures,
~~netheless, they are not free to disregard the basic de-

""MINI

240

rRA11\ ~ loA"

N I til enable I Ill' 01 her purly


mAnd.. of diU' ,11'()('.UIII
(I Ire
(II fl mere tech.
ta ha h..ftrd and to pre f'nl t'\ Idt'll('c 18 n
.
(lchllllllSIrtlll\ (. pro.
nlcnlltv or ft Irnint mnner III (In\
I
(' ..dum I III c ue Jlru~hi
t."1 dlllllil hut lUI indi pen II f' In"rt
...
L,_
I
r r ('(j)A III hnlll former (,(lv(,l'nor
filii I t \yIIU Id IJtl UII mr III
r
I I II ()f pn t iti
I lOI1('I'S
Paredc8 pt.r onallj h"hl,' wI' I 11' ( 111111

iut
"IVlng 111m nn
tl
amountln" to million II f pe fiR \\ I J(...
,
.
"III
OVHit'II(,P
III
hIS
(
opP(lrlulHh 10 III 111'111"I nn, I PI'
Ihhl' otficinls arc'
d fense Our rultng Iio II( Illg IhCiII I)I
.
perllo,ullh ""hl, fnr ,!nlllll!-l'11l"rifling frll~1 !lIpgal n.cts
dona In hnd fltlth nre prellllBId 1"1 SHill "fhelnls III~v.lng
been 811l.d bot h In t 111'11'IItlilllll (111111)111'81111(11 (',. p.lt'llll8,
3

Thera I. a furtht'r impt,dimt'nt in the ('xc'I'c'hl(' of


the audit pow"r of th rt'HI)Cmdt'nt C()A. 'I'he MSPB
dedaion of January 29, 1993 b,(nm. finul and executory
when the Provinciall
Gov.rnment
of
Alutlan
D.,I Sur fuiled to npp('llr within
the
I't'llemt"ntary
period. TCllll'HUrl" til!' decision hOH alrend, been pnrhllllv executt'd 1111 the Arting Provinclnl Treasurer had paid pet it iouurs some of Lheir
backwages Again. our undeviattng
jur-ispr-udence
i.that nnal judgment II mny no longer be reviewed
or in any way modified or indirectly by 8 higher
court, not even by the Supreme Court, much less
by any other omcial branch or department
of Government. Admlnlstrnrive decisions must end sometime
n public poltl") demand that finality be written on cont rov ersres

We are not unaware of our ruling in Aguinaldo vs,


Sandiganbayan , thnt the conclusive effect of the finalIty of the COA's decision on the executive branch of the
government relates solely to the administrative aspect
of the matter. However, In the case at bar. the disallowance of the payment of back wages radically alters the
MSPR decision which held the provincial government
not the provincial governor. personally liable The COA
~eci8ion affects not only the procedural,
but more
Importantly
the substantive
rights of the parties.

6,

A stringent application of the rule exempting the state


f~m the equitable principle of estoppel will prejudice petiticners who are lowly employees oftbe government.

THE COM~llSS10N O~ AUDIT

241

Petitioners'
ft.
.
1988 wh
tl
. SU erlngs started way back In
the
.en lley were unceremoniously dismissed from
:-;enlce. t took fi .,.
. .
thei r f.
.
\ e years tor the ~lSPB to decide In
I .' avor, Still, they were not reinstated until the follng
o"d
year,.and this was only after several motions filed
an orders Issued t
.I
.'
0 compel the concerned public om~l~ s to reInstate
them. Then again, despite an Order
I~su~d as early a:-; April 19, 1993 by the ~1SPB the Provmcial Gover
'
nment \....as able to pay petitioners and
even only partially at that, a good two and a half years
after or on December 12, 1995. Now, after more than
a decade, respondent COA holds that petitioners should
run after Governor Paredes in hrs personal capacity to
collect theIr claims. Worse. petitioners stand in danger
of beIng made to reImburse what has been paid to them.
Under the policy of social justice, the law bends over
backwal'd to accommodate the interests of the working
class on the humane Justification that those with less
privilege in life should have more in law. Rightly, we
have stressed that social justice legislation, to be
truly meaningful
and rewarding to our workers,
must not be hampered in its application by longwinded arbitration
and litigation. Rights must be
asserted and benefits receiv ed WIth the least inconvenience.
The orders of the respondent COA dated July 2,
1996 and August 28. 1997 were set aside.
COMMENTS:
The decision in the above-mentioned case has enriched our
jurisprudence and has provided a clear example of the different
important principles in administrative law. thus:
1.

THE DECISIONS OF COA PRESUPPOOSE AN ADD


JUDICATORY
PROCESS INVOLVIN
THE
ETERMINATION AND RESOLUTION OF OPPOSING CLAIMS.
The power of the COA !o decide a~inist~at'
cases regarding expenditure
of public funds inv~~~cs quasi-judicial aspect of government audit, the
Supreme Court said:

ADMINISTRt\TIVB IJAW
2"2

.' ed this pertams


'l envISIon
n
"x x X As statuto. y d utemen! of all debts
to 'examination, audll, an sfle m or owing to the
rt due ro
.
d
and claims of any BO. ubdivisions agencLeSan
Government or any of Its s
of government auinstrumentaliti~s. !he proce~he decisions of COA
dit is adjudicatlUe.1T1~ature. rocesS involving the
presuppose an adjudlcato,?, p of opposing claLms.
determination and .reaolutl;n ney cLaims for or
Its work as adjudIcator 0 m~he exercise of judiagainst the government means estigation. ioeighcial discretion. It zncludes the zn; ther items shouLd
ing of evidence, and reaolvzngwileappl ied to claim,
or should not be zncluded, dr~. whoLe or in part.
whether it should be allowe Ln.
d
Its conclusions are not mere opintOns but areC eCL~
sions which may be elevated to the S,u!reme our
on certiorari by the aggrieved party.

2.

THE FUNDAMENTAL REQUIREMENTS OF PRO


CEDURAL DUE PROCESS CANNOT BE VIO
LATED IN A PROCEEDING, BEFORE THE COM
MISSION ON AUDIT.
"x x x In the above-entitled case, former Governor Paredes waf never made a party to nor served a
notice of the proceedings before the COA. While administrative agencies exercising quasi-judiciaL powers are
not hide bound by technical procedures, nonetheless, they
are not free to disregard the basic demands of due process. Notice to enable the other party to be heard and to
present evidence is not a mere technicality or a trivial
matter in any administrative proceedings but an indispensable ingredient of due process. It would be unfair
for COA to hold former Governor Paredes personally liable for the claims of petitioners amounting to millions
of pesos without giving him an opportunity to be heard
and present evidence in his defense. n

3.

THE DECISION OF THE MERIT SYSTEMS PRO.


TECTION BOARD (MSPB) WHICH ALREADY BE.
CAME FINAL AND EXECUTORY AND IN FACT
~LREADY PARTIALLY EXECUTED BECAUSE

THE COMMISSION ON AUDIT

243

PETITIONERS
HAVE ALREADY BEEN PAID
:~~E~T1IEIR
BACKWAGES,MAYNO LONGER
WED OR IN ANY WAYMODIFIED OR
INDIRECTLY BY A HIGHER COURT, NOT EVEN
BY THE SUPREME COURT.
"x X .\ There i. a further
impediment
in
th e exerei
f
crse 0 the audit power of the respond~;t COA. The MSPB decision of January
29,
93 became final and executory
when the
Pr~)L'incial Government
of Agusan Del Sur
f~"ed to appear within the reglementary
per~od. To be sure. the decision has already been partially executed a!'; tht; Acting Procmcial Treasurer
had .pald petItioners some of their backtuages.
Again; Our undeviating
jurisprudence
is that
finat judgment.
may no longer be reviewed or
In any way modified or indirectly
by a higher
court, not even by the Supreme Court, much
les by any other official branch or department of Government.
Admuustrative
decisions
must end sometime as public policy demands that
finality be uritten on controversies,

We are not unaware of our ruling in Aguinaldo


Sandiganbayan, that the conclusive effect of the
finality of the COA's decision on the executiue branch
of the government relates solely to the admlnLstratzve
aspect of the matter. However. in the case at bar. the
disallou.ance of the payment of back wages radically
alters the MSPB decision which held the prouincial
government. not the provincial gocernor: personally
liable. The eOA decision. affects not only the procedural, but more importantly
the substantive
rights of the parties ."
liS.

4.

THE RULE EXEMPTING THE STATE FROM THE


EQUITABLE PRINCIPLE OF ESTOPPEL WILL
NOT APPLY WHEN IT WILL PREJUDICE PETI
TIONERS WHO ARE LOWLY EMPLOYEES OF
THE GOVERNMENT.
The Supreme Court said:

ADMINISTRATIVE LAW

244

..
Detilione,..' .uffering. started way
x x % T'
.
1 di
back ira 1988 when they were unceremonious y ISmissed from the service. It took ~ve years for the
MSPB to decide In their favor. Still. they were not
reinstated until the following year, and this was only
after several motions filed and orders issued to compel the concerned public officials to reinstate them.
Then again. despite an Order issued as early as Aprt!
19. 1993 by the MSPB. the Provincial Government
was able to pay petitioners. and ellen only partialiy
at that, a good tuo and a halfJears after or on De
cember 12. 1995. Nou: affer more than a decade,
respondent COA holds that petitioners should run
after Governor Paredes in his personal capacuy to
collect their claims. Wor.~e,petitioners stand In danger of being made to reimburse what has been paid to
them. Under tne policy of social Justice. the law bends
over backward to accommodate the interests of the
working class on the humane justification that those
With less prioilege In life should have more In law.
Rightly, we have stre ed that social [uetice
legi.latiora, to be truly meaningful and rewarding to our worken, mud not be hampered in its
applwation by long-winded arbitration and litigation. Rights must be asserted and benefits received
with the least inconvenience.
The orders of the respondent COA dated July
2, 1996 and August 28. 1997 were set aside."
SECTION

4.

ANNUAL REPORT OF COA TO THE PRESIDENT AND CONGRESS

"Section 4. The Commission shall submit to the


President and the Congress. tcithin the time fixed by law.
an annual report covering the financial condit LOnand
operation of the Government, Its subdivisions. agencies.
and instrumentalities.
including government-owned or
controlled corporations. and non-governmental entities
subject to its audit. and recommend measures necessary
to improve their effectiveness and efficiency. It shall submit such other reports as may be required by law."
Self-explanatory.

CHAPTER XIII

LOCAL GOVERNMENT

TOPICS IN THIS CHAPTER:


1. Section l-Territorial
of the Phllippines
2. Sec. 2

political subdrvisions of the Republic

Local Autonomy

2. J. Declared policy of the State


2.2. How can this be attained?

2.3

Local autonomy and decentralizauon


A)

Operative autonomy and decentralization


(A.l) Cases:
a.

Lim, etc vs. ,Judge Pacquing, Pot 0/ ..


G.R. No. J 15041,January 27. 1995.58
SCAD 531; Gumgona, Jr, et (II. V8
Judge Reyes, et al .. G.R. No 111726:1.
January 27, 1998

b.

Cabrera VA. CA. G.R. No. 78673. March


18, 1991

c.

MagtL\ias Vii. Pryce Properties Corporation, Inc and PAGCOR. G.R No 111097.
July 20, 1994, 53 SCAD 367

3. Sec. 3 -

Congress shall enact local government code

4. Sec. 4 -

General supervision over local governments

A)

Does the removal of the phrase "as may be provided by


law" divest the President of the power to invcetigute,
suspend, discipline, or remove local officials?
245

B)

SupervilOl1

A)

What

B)

What are
tiOJll?

power

5. Sec. 6 _ Power to creatll itS otrll

6. ~

8_

tIIe--

II &be I'.. ~if

aources or revenue,

..":tion 6?
ofi8'f8llue of municipal corpo

LocIlao'-- ......haft a Just share

tUma tuM
l

7. Sec..,_t.a.l ....
ill Ntionel...

n....

etc.

rae

in n
a.

~toaDequitable8ha
re

8.

9.
10.

or provinces

r Il~bl'"

lnd
1"

- 1

19

Sec ~l -

'

\'

lh will be h td'

..I h\ \

tN'"

uh\\\\ 1\\ rus n'

Dd111\. b n f n '1 \" ..,lIht\

I 1\!1

LOCAL GOVERNME.NT

~ECTIOi' 2. LOCAL AUTO 'O&fY

..ts:

COM.'fE~'T
1.

2. The terntorUlI

and political subdici-

enJO) local aut()fUJm)."

.Ul118

DECLARED POLICY OF THE STATE


It

IS

the d~c~arcd policy of the State that the territorial and


political subdivisions oftbe State should enjoy genuine meaningfullocal autonomy to enable them to attain their fullest development a self-reliant communina
and make them more effective
partners In the attainment of national goals,"

It

16

also 'he policy of the State to ensure the accountability


of local government units through the institution of effective
mechanii m of recall, initiative and referendum.'
It IS likewise the policy of the Stale to require all national
agencie
and offices to conduct periodic consultations with appropnatc local government units, non-governmental and people's
crganizarion e-, and other concerned sectors of the community before an) project or program IS Implemented In their respective

jurr dictions,"
2.

HOW CA.~ THIS BE ATTAII'I'ED?

To.....ards the attainment of the said declared policy, the State


shan provide for a more responsive and accountable local government structure instituted through n system of decentralization
'" hereby local governments will be gh en more pow cr. fluthor~ty.
responSIbilities
and resources. The process of decent ralization
shall proceed from the Nahonal Government to the local government units

a.

LOCAL AlITONOMY

AND DECENTRALIZATION

Local autonomy was the gubJe~t ofpno~t~ and co~cern when


U.s. President William McKinley issued his instructions to the
cnm, 2. R.A.
'Aid-

lSI
~

fJMt

No. 7160

2110

Sl'Ctmd Philippine

'1 7 1900. In his instru

tt d
c.
C n1I
overnmen
0 evot
,om ~dered the neW g
blishment of
e
n AprJ
Rlon 0

tion, President McKJOleyo~ tance to the eS.ta ds both'


tnu.
their attention In the first In :; tives of the Islao 0,
in the
. whlc h na
ff ded the opportun't
nicipnl governments In .' c; shall be 8 or
,1 y
cities and rural commuOltJe~,""
the fullest exteot of whIch
to
to manage their own local affa1r:;h least degree of supervision
'ect to t e
' ,
d b
they are capable an d su b~ ,
oftheir capacItieS a~ 0 serva.
and control which a careful :;tudy I how to be eonsistent with
.
'f
uve contro
S
id C om mission
'
tion of the workings 0 oa
nd loyalty. The sal
the maintenance of Jaw, order a d I 'slative powers was directed
which combined both executIve ani et~oritv etTective,6
to give top Priority to make loca au

fi article 00 local autonomy in


There was. however, no SPCC~IC
nder the 1935 Constitu_
the 1935 Constitution. The Pre!;1 ent. U I supervision. Superv'
tion, merely exercise the power ~f genera
ower or author-it
I
sion goes no further than overseetng on the p
th ' d t' yof
an officer to see that subordinate officers perform
err U res. If
the latter fail or neglect to fulfill them. the former may take Such
action or step as prescribed by law to make them perform their
duties.'
It ill clear that while there was a goal to establish
tonomy, there was no specific legtslation to implement
tonomy. Specific devolution of powers. also referred to as
decentralization, was not reduced or defined in a formal

local aulocal aupolitical


statute

A formal statute to this effect started only in 1959 when


Republic Act No. 2264, was passed. Said law is known as "AN
ACT AMENDING THE LAW GOVERNING LOCAL GOVERN,
MENTS BY INCREASING LOCAL AUTONOMY AND REORGANIZING LOCAL GOVERNMENT."
In 1967, Republic Act No. 5185. was enacted giving "further
autonomous power to local governments: Finally. a specific law
on decentralization was enacted.
. !he 1973 Constitution moved further. In the declaration of
principles and state policies, the following provision was written
"The State shall guarantee and promote the autonomy of local

"Ban
Juan va. Civil Service CmnmllllOll ' G R. No, 92299,pA riI 19,199 1.
'Ibid.

LOCAL C()VF:RNMF.NT

government
development

units, especially the barrio to ensure their fullest.


as self-reliant communitie~."8

The framers of the 1987 Constitution made it more emphatic


by
providing
government. "9that "The State shall ensure the autonomy IJf local
On JUly 21, 1991, Republic Act No. 7160, otherwise known
as the Local Government Code of 1991, was enacted into law.
In Section 3 of said Republtc Act No. 7160, a specific formula
and implementallon
of the "operative principles of decentralizntion," was expressly provided for. Devolution and decentralizetion of powers, authority, responsibilitje.~ and resources arc enumerated In detail. Apparently, it is precisely intended "to ensure
the autonomy of local governments."
OPERATIVE PRINCIPLES OF DECENTRALIZATION
tion:

T he {'
1011'OWIng are t h e operative

princip. Ie 8 of dr-cr.ntrnlizu-

(a)

There shall be an effective allocation


,
. amQn~it the dUV'rent local ~oyernment units of t helr. respec live l.!owerR
. . '
functions. rcspons! ibili
uhes.
an d rei:!ources: , (Underlining
.
Supplied)

(b)

There shall be established in every local govcrnm.p.nt


.
unit an accountable. efficient,
an d dyn.amie orgamzah
II
.
chanism
t
at
WI
tional structure and operating me.
f '.~
. r aquirements C) I .....
meet the priority need" an d service
communities;

(c)

..
. I
I and regulations. local
SUbi.ect to CIVilservice. aw..d~1~iiV
mainly (rom 1(;offiCials and employees pal
d' g to

or

:!ri~::~
~~~~s:,eb~~~:~:!~~o~~:~~
a~~b(Jr-

ill' (Underlining

Supplied)

,
.
f dut responsibility, and accountability
The vesting 0
y,
it hall be accompanied With
in local government urn s s

(d)

==
.

10 Article II. 1973 Con8t~tul!On.


25: Article II. 1987 Constitutlon.


pro\'l811l1llfll

Iell

II (Idetl"ult' rC1!ClUrC1'jJ
to tlilldllll'j'I'
Ollll
,
)
t
....
ff.r.t!\II\ curry oul t wlr f IJIlC'tIlHiIl'

lUll I CUi"

t
h,.n"\!~:"
:
~~:,
:~J.w,(I
.
'O:~
ilicirJl _ ;Q__~-'- _ _.r_:_._.r Hod the
their powers

dJ
C Wl

'

u. d<:n

r~~~~~O.LUUbt
tdllU1:
III ouhQDrultlXll1! lind 1!!lJ.UWluhl~haf{tln
~b.I' pr.Qctoili!.
C

uti.lilJitillJ.LWuiJlm' . dOJUllcnLaf 1b~'~uU.Q~HlIw!.w J Lh

wl1hm their fC811l:ctjVl1urt'W!; (UnderhOlrlg


(II)

Ruppllod)

Provinces with rc~pl'( t to component cities und ",ullie;


palities, nnd cities nnd nluniripaliti('s
with r('Hpeet to
component bnrungtl)8. shall ensure that the ad" of liwlr

component

II III IS nre

Within the

8CO,W

oft})!'ir prC'BC!rahf!d

powera lind functIOns;


(I)

Local govl'rnnll'lIt unItt! mny group themselves.


coni oil
dnte or coor<hnuhl 1heir (.(fort8, S('rvIC('S, lind resou re('R
for purposes commonly tll'nl'fit'iul to them:

(g)

Th~ =Ilbihtiya
of lora I iovernmcot
units. C!8u:ci nUy
~bc _~I~IPllhhes aod bUfIloiUYs. shull be l:ohunc('d
y proVldlD1l !tWill With opportunities
to purticiuL t .
livelv 1 th
I
----- LC lAC
,nl'
IDlIU:ml'otol!oo of oatiooal pr0i:Cum
d
prolects; (Underlining Supphcd)
8 flU_

Ch)

There
cal
aut;shall b~e U contmulDi ~u:cbnnism to cnlwot'{l 10
alewby a~%~~'o:t ooh by leKlslal!yc coabljoi: IIcts but
______ lOls_rpl!ys: And or
. r
I
- -- dr-rlining Supplied)
KUDIza looa n:forms; (Un.

0) Local government units shall sh

.
Government the reaponsibilit inth. With the National
~ul~tcnancl'
of ecological bal~
t ~ m~nag('ment
and
rial jurisdiction, subject to th nce W.lt~!O their Iurritn.

and national
(J)

policies

e provisrons

~=\~~

Effectjve
me
f
- Chlo,am. for eosu .
o ~c~ governmentuDlts to tb ope t~~~~~ilit~

~!y:b:~'::I~::';Wb.nedin.':~~

(k)

of this Code

phed)

_.ocalleadershlp(Und
,

The realizatiop of 10
throuih jm
_cal autonomy sb II

li : __L __ -

er InlOg Sup.

"""'lliVII!;t~'

II

, I

.. ,r.ItOll
. ,1. H, 11111",1 AJlI'''
~

l"IIIII .. 0,,,1 r, I" 1(1 I'lfl,111

'11118 ('"d, Alt .11


npl,ly lllull pn,VIIII'IIJ,
1111"8, Ifllflllllflfll,\"
fI, I, If II IIUIlyn,
11111) 1I11u'r 1lIIIil " (II f'U"d'V'R""'R
(I I "'fly It, I r fll. ,I hy
lnw, LlIIII, til 1I11 'xlfO,lI h, " 111 ,If',Vld," I" "lIlIlfllli
"I
"
"
III"JH,
'II 1lJ.{"III'i"81,1
I h., Nllli'lIIl1l C :,'V, 'lilli' "I II'
uc...'
,~,." "

'"''

terprutntion
Illg

Itll'Jll

",'" HIII"8 "I 1111,'I'" tolill"


01 I h,' prllV18111118 "I IIIIK ('",I."

rulcH shall

I" till "'


I II, fllll"w

ol,,)ly

(11)

(b)

enue

In case 01 rlnubt, ,IllY lux nrlillll"""

measure

shall bl' construed

local govcrnrnent

slndly

IIr rc V

rtf{lIl1ll1l

unit.r IIIICllng it, find hhernlly

III

I h.,
IIlVIII

of the taxpayer, AllY lux exempuon, HlCI'IlLIV(' ur fell! I


granted by any local government unit, pur UI\IIt. III till'
provisions of thiS Code shull he cCllIslrucd Klrll:t1y
against the person clniming it;
(c)
The "encrol welfare lllOYIBIO08 in thiS Code
shall be liberally interpreted tQ liUYC lDore lW)Yt:rBto ill.
~al Kovemment. UOIls !O accelerallDlZ econOlJllC dcyulou"
;;;r;;nd
up~rading the Quality of liCe for the pcuplt: in
the community; (Underlining Supplied)
(d)

of effectivity

Rights and obhgat.ioo8 exiating on the date


of this Code and arising out. of contracts or

l1.llli. (Under1imng Supp


CASES:
PACQUING, ET AL.,
LIM, ETC. VS. JUDGE Y 27 1995,58 SCAD 531j
G.R. NO. 115044, JAN~..!i
,JUDGE REYES,
GUINGONA. JR., EG R
1'17268,
ET AL., . .
8
JANUARY 27,199

VS
NO.

FACTS:

b 9 1988 and Issued by the


In a decision dated S~ptem ,~r.,
e
45660, the Mayor
Regronal Trial Court of~tamla In CIvil Cas.
.
f'l
I
di
t d to 'Issue immediately to the Associated
(J
1> am 8 w as
irec e
.
t
erate the .
De"clopmcnt Corporation (ADC) the license 0 op
J81alai In Manila under Manila Ordinance No. 765.

No

ADC moved to execute the judgment which b~came final. On


March 28, 1994, the Regional Trial Court of Manila, B~anch 40,
pre.s.ded by Judge Felipe G. Pacquing, directed then Manila Mayor
Alfredo S. Lim to issue the permit/license.
In a petition for certiorari docketed 88 G.R. No. 115044, Mayor
Lim questioned the said order. The Supreme Court dismissed the
petItion and ruled that .Judge Pacquing did not act with grave
abuse of discretion.
Mayor Lim did not move to reconsider the said resolution
but the national government sought to intervene in G.R. No:
115044, raising issues relative to the validity of ADe's claim to a
permit or license to operate the jai-ala] .
. On Se~tember 13, 1994, then Executive Secretary Teofisto
Gumgona dIrected the Games and Amusement Board to hold in
abeyance the grant of authority, or if any had been iSSued, to with-

LOCAl. GOVERNME?-.'T

255

draw such grant. of autht


'1
.
on Y unu the following legal questions
I
are proper y resolved:
1.

~h.e~her P.D. No. 771 which revoked all existing jaia al ranchise~ granted by local governments as of August 20. 1975 IS unconstitutional:

2.

Assuming that the City ofManiln had the power on September 7. 1971 to issue jai-alai franchise to ADC,
whether such franchise is valid considering that it has
no duration and appears to be granted in perpetuity;

3.

Whether the City of Manila had the power to issue a


jai-alai franchise to ADC on September 7. 1971 in view
of E.O. No. 392 dated January 1. 1951, which transferred from local governments t~ the Games and Amusement Board the power to regulate jai-alai.

On September

15. 1994.ADC filed a petition for prohibition,

mandamus, injunction and damages with prayer for temporary


reatraining order and/or writ of preliminary injunction in the
Regional Trial Court of Manila against Teofisto Guingona and the
Games and Amusement Board (GAB) chairman docketed as Civil
Case No. 94-71656; seeking to prevent the GAB from withdrawing the provisional authority earlier granted to ADC.

On the same day, the Regional Trial Court of Manila, Branch


4, through Presiding Judgl' Vetino Reyes. issued a temporary restraining order enjoining GAB from withdrawing ADC's provisional authority to operate. The temporary restraining order was
later converted into a preliminary injunction upon posting by ADC
of. bond.
In another development in G.R. No. 115044 before the Supreme Court, the Republic of the Philippines. through the GAB,
80Ulht to intervene therein by filing a motion for intervention;
for leave to file a motion for reconsideration in intervention. and
to re'er the case to the Court En Bane, and thereafter, a motion
for leave to file a supplemental motion for reconsideration in intervention and to admit attached supplemental motion for recon.deration in intervention.

In Civil Case No. 94-71651, Judge Vetino Reyes, issued a


pnljmj.8ry mandatory injunction compelling Guingona and GAB
to_ue
to ADC the authority to operate the jai-alai. On account
oftbia. GuiDpDa and the GAB Chairman Dominador Cepeda, Jr.,

HELD:
The Republic

10

ntra di tinction to the City of MlIIlIln.

m
be all 'Wed t intervene 10 G R No 115044 Tho Rcpublre is
n~rvenllla an G R
115044 an the exercise, not of Its businoss

r propnety functions but an the exercise of'Its governmental runcu


t pro\t
public moral and promote the general wclfnrc.
C ngre
did not delegate to the City of Manila the power
"to franchl
.... agers or betting. including the jai-nlni, but retained f, r Itself such power "to franchise" What Congress del.
ea ted to the Cit ofManala III Repubhc Act No. 409. with respect
to w&gen r bet tang 'Was the power to "license, permit. or regulate which tht'refore means that a license or permit issued by
the City of Manala to operate a wager or betting activity, such lis
the lal alai wht're bet are accepted would not amount to somethIng meanangfuI UNLESS the holder of the permit or Iacl'ntW
wall al 0 FRANCHI ED bv the national govern meat to lill 0Pt'!-ate Moreover even this power to license, permit. or Tl'gUlllll'
wagen or bettiD8 jai-alai W8S removed from local governments.
Including the City of Manala, and transferred to the GAB on -Ianuary 1. 1951 by ExecutIVe Order No 392 The net result IS that the

LOCAL GO\'ERXMENT

257

authontv
. 0 f jar-a
i
lai
. C ~ to grant .franch'lse' S l"ror t h e operation
ai fron tons
IS m
ongress, while the regulatory function is vested in the GAB.

. ADC ar~e-s that Presidential Decree No. 771 is unconstilut1o~al for beln~ .a violation of the equal protection and non-impairment provisions of the Constitution. On the other hand. the
gover~ment contends that Presidential Decree No. 771 is a valid
exercise of the inherent police power of the State.
It ~hould also be remembered that P.O. No. 771 provides that
the natlonal.go\'~rnment
can subsequently grant franchises "upon
pro~r ap~hcation and verification of the qualifications of the
applicant. ADC has not alleged that it filed an application for a
franchise with the national government subsequent to the enactment of P.O. No. 771: thus, the allegations above-mentlOncd (of
preference to a select group) nrc based on conjectures. speculations and imairined biases which do not warrant the consideration of this Court.
On the other hand. it is noteworthy that while then President Aquino issued Executive Order No. 169 revoking P.D. No.
810 (which granted a franchise to a Marcos-crony to operate the
jai-alai), she did not scrap or repeal P.D No. 771 which had revoked all franchises to operate jai-alais Issueu by local governments, thereby re-affirming the government policy that franchises
to operate jai-alais arc for the national government (not local government!') to consider and approve.
On the alleged violation of the non-impairment and equal protection clauses of the Constitution, it.should be remembered that. a
franchise is not in the strict sense a Simple contract. but rather it is,
more importantly. a mere privilege specially in matters which are
within the government's power to regulate and even prohibit through
the exercise of police power for the public welfare.
CABRERA VS. COURT OF APPEALS
G.R. No. 78673, MARCH 18, 1991
FACTS:
The Provincial Board ofCatanduanes issued a resolution closing an old road leading to the new capital building to traffic and
giving to the owners of the properties traversed by the new road
equal area from the old road adjacent to the respective remaining

l d IcgllJlollVC powr.r8

HEW.

(;1111

Lee I

un I e:lf~rc only dr~n;'o~ol lowrnnklJlg body 'I I",


f, rr d nth m by ( II r a 'hh
noc1ptll or elmCI f' plnY"fa
d I at
nnot be flJperJor 10 I.
P her Y tv 8!Jgg l thnt thtl
tnghe.r than tho. {If the latter It II 8 ... ('l1l1l(r,.,'8 fro,lI which
J(I( 1,0 rnment Unitl can un do theh (lC'"
first pltH'tI, nnl f rl"'Kl4llJ by
wer III t e
lhe\ b. II derived I.hclr po (tllft .t ,tuto

(I"

mere rdlO'Jl

the mandat

{I

I d through Jusl,c" l&nHolII ( rllz


Th Supreme Court lao ru:. cretlon, tho leglsl.1liv(l pOWCr
t} at 10 th
x t
of It own
r alloW It WIthout. lunHOlllJl1
y prohibit

gambling altogcth~r 0 rnbhng nnd allow others f()r


prehiblt
me form dO ga fficlent Thus, it has PflJhll,.

rna
whatever r asons It rna.) con I er su I tt"rles cockfighLinu lind
b
t permits
0...'
It
te d JurJeng an d monte u
C "r('h6 hne consult"d IllI
,
t ora racing In rna k mg sueh ChOlcel, on..
Ihartty to reUtPUI, much
OWn Wisdom which thi Court has 110 au
,
'
..
,
II
h

LA-n
aid
'hal
court>
do
net
sit
to
"'solvl'
I .. Tel:erse "e
85 h II'X

C1r It

S That IS the prerogative


{)f the
1h m nts 0f conf1 ieung th eonC
ions rezardi
pollucal department It 1 scttled that questIOns regar 109 WIS
dom mor htyand practlcablht} of t.ntutes are not. addreasr-d to
the jud Clary but may be r olv donI.) by the cxecu~lve and legislat ve departments, to which t.h (unC'llon belongs In our 8chem(>
ofg v rnment,"

Talk. regarding th uppo ed vanishing line between right


and privilege 10 American constitutional law has no relevance In
the contat of these Cases smee In the reference there is economic
regulaucns On the other hand, jai-alal is not a mere economic
activit.) which the Jay, seeks to regulate
It i8 essentially
gam.
bhng and whether It should be permitted and, if so, under what
cendit OD5 are questions primarily for the lawmaking authority
to determine, Laking into account national and local inter t '.
Here It I the pohce power of the State that 18 paramount.

SECTION 3.

CONGRESS SHALL ENACT LOCAL GOV,


ERl'I'MEl'I'T CODE

"Section 3. The Congru, shall enact a local gouern:


ment rode u hu:h hall prouide for a more responsii e and
accountable local gouernment structure instituted
through a system of decentralIzatIon usit]: effectll'e

"h'(,/HlII/SIIl

rl"

"/

(I

[[

,III1(CII(II"

r.
relnrensl

1J1Io
PIII""r".
rC's/"lIls;l, liti
CII" glll'I'TlI ment III" ( 1/1I'1t
I I "'8 (II [
the' '111"[,/,I'U("",,,
-! , I( rl'lltJlllrl'8, (I lid procrd {or
cat (1111011" till'

(II/'/:
,"",,,,

0, ,

tC'r/II, '~(/[""'C'8

"ffino/s

tuui

I)

"/11'/(1(,

1'1'1,,,,,

"1lI1'1'

atu] II11 t}
,

tllm

/'

I,

' [

um

' u!1/m",III,..,,1

and ],

IIlld/flllS

and

11'1 111(11/'
I'
/' /
118 re (li"'8ir}

"""

I 111/,,(',,1 units,"

um

alit! I"l'IIlCJva/,
dill II'S (If /tWU!

till! orgoniza-

COMMENTS:
Tht' l'l\l\cll\Wl\t 1)1' II I I
tiative of Cun'"
h
(11'11 guv(~rnltll'lIl code ill lefl to the ini, ...n liS lit till' cunsrt
Ii
d
h
h
.J
code must provi I I'
, I U 11m man utes l at t e 8111(
(lor
the' fllllow1ng:
1.

It mURI l>rnvid.. f
.
I
1
~ or II morH rl'SI)lH1SIVC
und uccountnb H
ocnl gOVt'rnnwnt structure
instituted
through H t;yslC>rn
ofdt'ct'nttlll'I" I,ll tion WLW
;11.'

cfl!,:.tliV..c..roci;hunWDJ!;
(a)

For rvcull ,

(b)

Initll\tave; lind
R('fc'rl'nc!u m:,

(c)

2.

It

3,

It must provide for till' qualifications, election, appointment and removal, term, salaries, powers and functions
and duties of local offices, and all other matters relating to the organization and operation of local units.

~UHt nllocato Ilmong the different local government.


unita their powerg, responsibilities and resources;

It is on the basis of this mandate, coupled WIth the long felt


need for more local autonomy and decentralization, that Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, was enacted.
SECTION

4.

GENERAL SUPERVISION
GOVERNMENTS

OVER LOCAL

"Section 4, The President of the Philippines shall


exercise general supervision over local governments,
Provinces with respect to component cities and municipalities and cities and municipaliuee with respect to
compon'ent barangays, shall ensure that the, acts of t~eir
component units are wit/lin the scope of their prescribed
powers and functions, ..

262

1987 COSSTITCTIO~_-_-1
1935 CONSTITUTION

. le VII . Section 17
,t\rtlc

Article VII. Section 10(1)


"The President shall June
deport:
control cf atl the executus: ..
ments , bureaus, or 0ffi res, exer. t /I
cise general supervision 01 er a
local gouernments as may be provided by kuo; and take care tho!
the laws be (azthlully executed-

"The p~s,d('nl ,..nat! hac


I of all/he

executive

contTO
t ellt,. bureart~.

par

111
{i('Cs H't. ,ho/ll'll$urc

lall:s' be faith/vII,'
.

dc~
all
01th o. I h e
d

executed,"

RASE "AS MAY


DOES THE REMOVAL OF THE PH
ESIDENT
BE PROVIDED BY LAW" DIVEST THE PR
OF THE POWER TO INVESTIGATE, SUSPEND, DIS
CIPLINE OR REMOVE LOCAL OFFICIALS?
('pp~ols, . the Suprelll~ Court ruled
In G Of/zan I'S. C our t 0'"
that despite the change in con"titutional .Ianb~age. the ~hart~r
did
t i
d t 0 diives t the le,"slotur~
of Its. right. Itt
or the PreslI no mten
"'0
dent of her prerogative as conferred by exist~ng.leg1s a Iron 0 .;.:~vide legislative sanctions against local officials (G.R No 93_0_.
August 5, 1991).
SUPERVISORY POWER
The supervisory

power. as defined by Section 4. is as follows

SUPERVISORY
POWER OF The President of the PhilippineTHE PRESIDENT OVER LO shall exercise general superviCAL GOVERNMENTS
sion over local governments.
SUPERVISORY
POWER OF
PROVINCES WITH RESPECT
TO COMPONENT CITIES AND
MUNICIPALITIES

The superior local government


unit. is limited to ensure that the
acts of their component umts are
within the scope of their prescribed powers and functions,

SUPERVISORY
POWER OF
CITIES AND MUNICIPALI,
TIES
TO
COMPONENT
BARANGAYS

The superior local government


unit. is limited "to ensure that
the acts of their component units
are within the scope of their prescribed powers and functions."

LOCALGO\'ERl\'IE~T

While the superi


I
.
or ecal government unit has the supervisory power to "ensure th
h
.
'th th
f
at t e acts of their component units are
WI In e sCope 0 the'
b
.
_.
. ir prescn ed powers and functions, It canh
not. owever substitute
d
"
.
~ th t f th'
I
JU gment In discretionary
matters
lor a 0 e component local unit.

SECTION 5.

POWER TO CREATE ITS OWN SOURCES


OF REVENUE, ETC.

"Section 5. Each local govemment Unit shal! have


the power to create its own sources of revenues and to
lety taxes. fees, and charges subjee! to such guidelines
and limltalions as the Congress may pro' "it t"nslst
ent u'lth the baSICpol,cy of local autonomv ::;1. '/' taxes,
fees, and charges shall accrue exclusicelv to tht local
governments,"

COMMENTS:
WHAT IS THE SIGNIFICANCE OF SECTION 57
While the prevailing doctrine In thiS jurisdiction 1:- stili to
the effect that municipal corporations do not have the inherent
power to tax, Section 5 confers on municipal corporations 1\ general power: "To levy taxes, fees and charges' subject to (he guide
lines and limitations imposed by Congress.
This means that municipal corporations maj exercise the
said power "to levy taxes, fees and charges" even without a statutory grant provided only that the guidelines and limitations imposed by Congress are complied \I, ith,
WHAT ARE THE SOURCES OF REVENUE OF MUNICIPAL
CORPORATIONS?
Their sources of revenue are (1) Those raised from taxes,
fees and charges. as aforementioned; (2) Internal Revenue Allotments from the National Government; (3) Lease of public utilities; (4) Funds derived from national aid such as the CDF
(Countrywide Development Fund); and (5) Donations.

AI 1M I N I "II! \'I'IV I': 1.1\ W

,
('OV ..:UNMI,;N'I' HflALL HAVE A
L()(~AL
NAI 'f'AXfI'S
.JlJS'!' SIIAHI'; IN NATIO

HI<:C'I'ION fl.

;/R

,hul/

,.

h((I)I'

(J

f (III , ,
",I.i.'.'/ifl" (i, 1,III'(lIIJIII','nlflll'l/
I
,
I I ' /I 1111' 11(1/1111/(1 taxes
tunt IIh,I/.' II', ,It I, /1/1/1/1'"
Iy
1111" I
I"
'/I'hi," [lIlli'" h,' lIulllllllll/l'ull}'
rr'I"(lHI'fIII1II1'1Tl

LOCAL (~OVI':ItNM":N1'S

AnI<: J<;N'fITLEr>
TO AN 1':(~lJl'J'AULJI: SHARE IN NATIONAL

SI<:C'IION 7.

'l'i\XI';S

11/1"11111111"','

7, 1.11('(" /(11111'/,111/1,'/1/11HI/((II ': ont u led to


nh a t et n IIII' fll'(U'I'I,d,'1 oflhe ~1"'Z(1ILOII and

"1'1.,'/OPIIII'III

(1/1111'

".'i"('lirm

fl(lll()II((lI/JI'(Illh

unllllll

1111'/1

respec

Iiiif' (II"II,~, III 1111' 1/1(/11111" prouuled by liuo, mclutling


,~/III/'IIIK IIII' ,~(lIIII' uuth IIII' IlIh(lbllelll/ll
by wa)' of direct

brnefit. ..

COMMI<:N'I'S:
'I'h IIllltl shur ..9, Njllst HllIl1I'" under Section 6, and "cquttable shuru" undur Sl'l'l iUII 7, shullllC' j(IV('1l In the manner provided
by luw. This meHII>! thut 1111 1'Il11hllllg law 18 necessary
to determine the shun til 1)(' J.(IVIn til tilt' local governments, 10 Jl ia only
fuir and ('qllilllhlt
III j.tIVt 101'111gov('rnrnents
a share In the pro-

ceeds of the uulrzuuon lind development of national wealth found


wit hin th ..ir respective locuhtres, including
sharing
them With
thei r inhuhitunts by wuy of direct benefits.
SECTION

TERM OF LOCAL OFFICIALS

8.

"Seetion. 8. The term

of office

of electtue local of(t


ctal s, ('XC'I'P' /)u/'{lIIlluy
()ffl('/(ll.~, iohich. shall be deter1II11/('d by kuu. shul! hI' three years and no sucl: officio!
sh all HI'rUI' for mort' than three consecutioe terms. Vol
III/lory
rt'IIUIICi(JIIOI/
o] the offcce {or any length oftime

.o;11ll1Inot hi' considered


nuity

of'

h(1I

(18

serutct: for tlte

elected, ..
'''Ht'cllllO 7. Aruel X

an interruplion

lull

in the conti-

term {or which

he wall

TERM LIMIT
The term limit of I
cannot serve for mc
Hcal IJffi!:iala '
Ire th'!n tl
II! th".,. (T,)

l,.",. "(,
y,1J rli IHIf' thl Y
VoI untu.. nFI"'ut
< y rc'nun,
.
. - IW' tl'rlOs
..8h a II no t h e C()nbld ClatlClIJ(j f lhl' I,rr
.
. Jr
his service for the f (I~(lcl as an intl'rr
fe any I"ngtll ", tlln"
uP
U [firm fCI) WhiC:h 11m In Lh, r1llllillIJIly I"
h" WitS "II.ttl.d."
,.j

Ie:.

THE CIRCUMVENTION
OF THE PROH
Experienct' l:ih
IBITION
local pohtical jj, d IJWS lhut Sc.:clICJn 8 h
h t
1", ea en~ from pc'rpc'l
(Is not uctuully pJIv,nl,d
t e, erm rmit, what they IlIm) UUllngthelnSf'lv,:sin rmw",.AIt,.,
ly
their W1VCHor any of Llwi,. Chil'd do I, to field t.hl) cundiducy ,,'
stop there. After one Or two to r('n The clrcurnv(ntion do('" nul
more, simply beCUUH('th If erm'i, they can run for ol'llC'I' C)llet'
1W
candidates once agoln a id 1 ((JCHnot prohibllthem Irorn bl'IIW
n ic elected
"
With or withuut term li
.
really maucrs iH the (IU I i rmrt, the author believes that. what
n 1 the
y and co.mpl' t ence 0 f t h 0 people who
WI'II e Iect their officialH and
the candidates 01' the om . I IQualllY unci competence 011 well of
and revered by the I)('() I'CIU R c ccted, A public official who ih good
pecan Herve for nil I
th
I
them. It is the bad and corru
ong a". e peop e want
once. They destroy ever htftl 0;e8 who should be weeded out HI
have a better life n id y
e ope a~d dream of the people to
.. I. a prosperous nation .
U

.~he term limit only opens the door to have a mockery of the
The bettor alternative I'S II"or the peop It'e 0 (>xcrCllle
~helr ultimate power to elect freely, and to discipline and remove
If so warranted,
through vigilant mass action and people! POW(>I':
those officials who have abused their trust.

Constitution
,
,

How can the people exercise this power when the public officials complained of have money, power and influence to kill people's initiative?
This question has been raised during the martial law years
but history and experience show that money, power and influence
of a few can be overwhelmed by the more superior force of millions of people whose wishes, after all, are lawful and legitimate.
And when the people have succeeded, the efforts to clean the halls
of government
should not stop there, otherwise, the gains of the
struggle will be short-lived. The experience ~fEdsa People Power
Revolution should guide us and the generatIOns after us.

AD~INISTRATI\,E LAW

266

It may be difficult to attain freedom and dernod~rmaCYlbtut


tdo
.
.' t 'ice as 1 lCU an
tn k e care of our freedom and democrac) IS w
.

probably more. The long term solution is the relief If ~ot. total
emancipation, from poverty and want, and t~e key to this 1:- the
education of the people. Those in this generatIOn who arc already
fortunate enough to be recipients of education and weal.th, hs,:e
absolute responsibilities to help in this endeavor. Other\\:I"e, their
education lind wealth are useless, And who knows. their wealth
now mny be overtaken by the forces of poverty. ignorance and
hatred In the vears to come And when chaos and famine erupt
because of widespread poverty, they may no longer enjoy the
bounty they have received because bullets fired from the guns of
those who have lost their reasons and their faith in government
no longer choose the rich or the poor. or the abuser or the abused.
True enough because a hungry man knows no law except the law
of survival.

SECTION 9.

LEGISLATIVE BODIES OF LOCAL GOV


ERNMENTS SHALL HAVE SECTORAL
REPRESENTATION

"Se('tion 9. Legislative bodies of local got'ernments


shall hare sectoral representation as may be prescribed
by lauu"
.

COMMENTS:
Self-explanatory,

SECTION 10.

CREATION, DMSION, MERGER, ABOLI.


TION OF PROVINCES, ETC.

"Section 10. No province, city, municipality

or
ba~angay may be created, divided, merged, abolished
or Its boundary substantially altered except "
d'
ith h
. .
,n
accor ance WI t e criteria
. established in the Ioca 1 governmen t co d e an d subject to approval b
"
votes cast in a plebiscite in the
a ImaJority of the
affected."
I rcc
units directly

parr

I (I AI a(lV~ hNMI NI

07

COMMENTS:

SIMPLIFICATION:
A province city rn
ated, (2) divided (3)' n unaCIIP8hty, hr harbng 'Y ffiliy
'
lI'rg.,c (4) I
can be substanlJally altered'
a 1(." III II, 1>, (ti) II

Ho ....ever, this POWer 18

1'1

(I)

(111

1'!tIlIIlI.1I

II

UUJl'Cl th

(1)

The Crtteria e tnbl h

(2)

18 ,din UII' I.o('nl (lU\t'IIIII'( III I'luiu


The approval II
scite In th
y n majority III till vote (lill III fI ph III

e poltllcul

U'lItS dlrl'ctly

nltl'lll'd

THE SAID ACTS ARE STILL LEGISLATIVE IN NATUR


The rule In Pe/(l'z
A I
'

CUB.
II( 1101 (,,!lIeUr/11 th"l
-I hll 111111111111 V
to create munlclplIl co p t'
. holds beca r urn
ture .. still
th ions III I'S8t'IIftallv It'Hltllllll\'" III 1111
:

abolish,

merge,

118l'
(! Jlc)Wf'r under
Hpdlllil
III (I" 1'11111111,
aller) is suhJI'ct to the "n'H"llf' f Iltltl.IISh. II III I hll

Local Government (Judo."


The pertinent

1991 on this matter

prOVisions of the
are 8S follows:

l.oeal

(~U\("IIIlII"'1

('111111 III

"Section 6, Authority to Cr. ate l.()cu/ C(.( ernment


Units, - A local government unit nlln' be created, 1/1
uided, merged, abolished, or its boundarie sub$lIHllwl"
altered either by lau. enacted h) COllgres HI th I , "II/
a province, city. municipality, or allY othe) P(./,t'C{l/ Bub
division. or by ordinance passed by th llOlIgglIlllIl/'l/
panlalauiigan or sa nggllIII a IIg panlungsod 1'(IIICIIIlt'd 1/1
the case of a barangay located u ithln Its III ritorial JII
risdiction, subject to such limitations (I lief re(/IiI/I'IIII~I't/J
prescribed in this Code,"
"Section 1. Creation "tid Conversion,
AS.1 R"II
eral rule. the creation of a local gOUI'r1InH'lIt111111 III "S
conversion from one level 10 (l1I?t.htrleuel sJ~(l1lbe buuvi!
on verifiable indicators ofvi.ablilty and projected vapu
ity to provide seruices, to w, I:

"15 SCRA 576,669 (1965).

AllMINI

(0'

ItA'TIV

./\\\

It mu t b u{fi flit, ba d on a cpl


able IIlalldnfci.
to pro: 1(/ fur all (,B ntuil gouernIt! nt far:liltlc,
and
fVIC(
and 8/ tecwl fUllctlOnll
COIlIltH'II
urate untl: til" BlZC of lis pOllulnl/fllI,
us

Incom

C '(I,('cl, tt

(If the I", al gOI (rIl1flt'"

unit concerned:

(b)

Population

It shall be ridermlncd as the totul


nllmb. r 0/ inhubitants uuthin thc tcrntorlal
[uri
d tct 1011of I lIP local goter/lln
nt unll COllCf!.rncd:and

(c)

It mu I bc contiguous, unle s i! compriMes two (2) or morc "lands


or rs separated b) a
local gocernmcnt unu independent of the others;
{Ir(l/)"rly ide Ilt/fied b> metes and bounds II lila techlilt (1/ d"sf "PIIOIl
und sufficient to proinde for such
basi 81'rUI( I'S and [aciluie to m, tu tlu requirement
of III! prl/JII/a, ",
IJand Area

('Ol1lp/WTI(,!'
11'1111the forcgolng indicators IIhall be
at tested to hv the Denartmen: of Finance (I)OF), th Na-

IlIlIIal

fIIC1I1 H'ITClIll

'"1,/

0), and lite Lands 1I1anagt.


(I.Mll) of th Deportment of Environment
U" (Jllncs (IJENll)."

Stu/lstlcs

Natural

O{fiC':1 (N

"Section R. Division and "Jerger.

[)u';lslon and
merger (J{ c!.\lBtlllB 10C'c"gm ernment 1I1111s hall comply
ioith t h same requirements }"'I'c.'111 prcsenbed for their
ereat um ; /'rlJl'lcI~d,
"Qll/CI't'/; 'I'hot such d,UI 1011 shall not
reduce 11/1'i""I1I11I', /l1I/lIi/ot/(lll,
orland orca of the local
gOI/,'r"IIII'1I1111111or II 111 t ('O"I"'"",d (I' 1",,0:than tb mllll.
mlllll
requirements
,"C!lf'fI{),t[
1lI this Code: Prooided,
further; Th at lite jilt (Jill' CiclBSlficcltlOl1 of the original
111('0/ 811I','rllm"111 milt or untts
hall not fall be/ow Its
current income ('[ossIficatIOn prior to such du. 1810n,
-

Th 1111ollie classification of local gOt ernment units


shall h,' up d at cd usith tn IX (6) month
from the
t>fft'ctwity of this Code to reflret the changes In their fi.
nancial position resulting from the increased revenues
a,o;provided

herein

"Se('tion 9. Abolition of Local GOl'ernmeTlt Units.


- A local gouernment
unit may be abolished when its
mC'ome, populotion,
or land area has been irreoersibtv
reduced to less than the minimum standards prcscnbe;l

LOCAL GOVERNMENT

269

for its creation und B k


.
by the nat
I
er ,00 III of this Code, as certified
, C
a lona agenCIes mentioned in Section 7 hereof
to ongress or to the

e
sanggunLan
concerned, as the case
may be.
The law or ord'
boli
h II
,mance a olishing a local government
~nl s a ~peclf~ the province city municipality,
arangay.wlth which the local gO~'ern';"ent unit sought
to be aboiLshed Will be incorporated or merged."
.t

"Section
10. Pl ebltscue
. Requirement. - No crea'
,
. , ,
tion, dIVISIOn. merger, abolition, or substantial alteration of boundaries of local government units shall take
effect unl.ess approved by a majority of the votes cast in
a plebiseit callecl for the purpose ill the political unit or
units directly affectecl Said plebiscite shall be conducted
by the CommiSSIon on Elections (Comelec) uiitlun one
hundred twenty (120) clays from the date ofeffectLUity of
the law or ordinance effecilllg such action, unless said
law or ordi flOTlce [ixes another date ~

SECTION 11.

POWER OF CONGRESS TO CREATE METROPOLITAN POLITICAL SUBDIVISIONS

"Section 11. The Congress may. by lau: create special metropolitan political subdivisions, subject to a
plebiscite as set forth Ln Section 10 hereof. The component cities and municipolities shall retain their basic
autonomy and shall be entitled to their own Local executines and legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be created shall
be limited to basic services requiring coordination."

COMMENTS:
POWER AND LIMITATIONS
Section 11 gives Congress the power to create special metropolitan political subdivisions but this power is subject to the following limitations:
1.

It is subject to the approva1.o~thle ~ajdir~tytlft~! votteds


cast in a plebiscite in the politica units
ec y anec e .

AilMINISTRA1

270

2.

3.

IV} loAW

d muniCIpalities
The component clhes an
be entitled
their baaie autonomy and shall
local executives and local as embhes
'tan

shall retain
to thelr own

authority

that will

The jurisdictien of the metropO I I


.
be created shall be limited to bac;ic ervlces requIring
coordination.

SECTION 12.

CATEGORY OF CITIES

=:

"Section 12. Cities that are highly-urbanized, as


determined by kuo, and component cities It
charters prolubit their voters from lJolmg for pro~lnclOl elecofflclOls, shall be independent of the proulnce. The
voters of (,OI1lPOfll'IIt{'ltI1'8{{ ithln a prot mel', uihos chor-

tH'1'

ter eonuuu flO euch prohibition, shall not be depriued


of their right to I'lltc for elective prouinclol officials."

COMMENTS:
THREE KINDS OF CITIES

(1) Highly-urbanized

determined

cine as-

by lay.

They do not vote an provincial elections, which mean


that they do not vote for provincial elective official
Being independent

(2) Cities not raised to the highly-urbanized


category
but whose charters prohibit
their voters from voting III
provincial elections

of the
provmee, residents therein
are not quahfied to run for
provmcial po itions.

(3) Component Cities which are still under a province in


some ways

Being

under

a province,
residents therein cannot be
denied a vote in the election
of provincial officials

LOCAL GOVERNMENT

SECTION

13.

271

AU1'HO
UNITS T~ITY OF LOCAL GOVERNMENT
DINATE THGROUPTOGETHER AND COOREIREFFORTS

"Section 13. Local


.
them.'lelues, consolld
gouernment units may group
Ices, and resOurces f4ate or coordinate their efforts, seruthem In acco l
or purposes commonly beneficial to
rc ance unth. law."
COMMENTS:
The consolidation
d
.
.
ith res C Lt .. h
an Coordination under Section 13 IS only
WI
.
0 fit .cir efforts, services and resources for purposes
common y cno icia] to them," and not with respect to their corporate personnliLy.

r~

SECTION

14.

REGIONAL DEVELOPMENT COUNCILS

"Section 14. The President shall prouide for regional cleuelopment coulLcils or other similar bodies composed of local gouern men t officials, regional heads of departments and other gouernment offices, and representatiues from 11011 gouernmental organizations unthin the
regions for purposes of dministrouoe decentralization
to strengthen the autonomy of the units therein and to
accelerate the economic and social growth and development of the units III the region."

COMMENTS:
There are two powers referred to in Section 14, and they are
the powers of the President: (1) to provide for regional development councils, and (2) to provide for other similar bodies composed of:
(a)

Local government officials;

(b)

Regional Heads of departments and their government


offices;

(c)

Representatives of NGOs (non-governmental organizations) within the regions.

Thl::; PO" er

1:;

&1\ ell to I hI 1'11\ II "11

"

r 11111, .. 11\\ "III 1'''1


"

poses:
l.

Tu attain adnuui

-.

To strengthen

')

'1\.

1H'("('I"r

tht'

,It t h.

1I1I1,'lhllll\

ststing

1111

"1,1

.,',

,1"'1,'111

':111\\111 IIlId d"

I"!,hlll

All rO~O:\UHJ~ IlI:<:lONS

"&t't;on I.';. 7'h I


1't'~101" In

III

1111.

""'"

,,"1'

Ilh,"

.1

"I,llhllllll

velopment.of tbe urut


SECTIOS 15.

I'

II tI'rIll 1)1

111l1I"

,holl b "1'1 at. d

ollllllUlllllllltl

~Ju.11111 \,,"dollo )0111111 tlu C..rrlil/tms

ot prollllC.

s, rltlt

graphicol a~a:l "harlllg

x, 11111111
/111/./'1

00111111011

!I,

I fill

1111.1 J110

(,/I(I d,stlll' 111'1",,:;1,1/

cal and cultural heritug, , (,(11101111, {I lit I Sf" ia! :;(1 lI. 1/111','1.
alld other releuant (,'lOrort.'n~II'., 1I'.lhi" tllI/II,,/I.'II1I1 A
ofth;:; GOll:<titulwlI tuu! tlll'/lo/,.'lwl
s'II','n'I~IIl\' cIS11'1'11
as territorial .lIt''8,,1\ of till' UtJlIIM.c (lfthc."I"I,/ljlill,'s,"
COMMENTS:
TWO AUTONOMOUS

REGIONS

Section 151:; the hasu- of I Ill' creation "t'.lulllllllllltl\l!l n'~i""ti


in Muslim Mindanao und III till' ("111'(1111.,,'1"',
What is its composirion'
It shall consist of provinces. cities, municipulit irs Hill! ~l'lI'
graphical areas sharing common nnd dist inct ive histllril .. 11 lind
cultural heritage, economic and social sl ruct ures and other n-levant characteristics,
AUTONOMOUS REGIONS CAN BE ESTABLISHED
ONLY WITHIN THE FRAMEWORK OF THE CON.
STITUTION AND THE NATIONAL SOVEREIGNTY
AS WELL AS TERRITORIAL INTEGRITY OF THE
REPUBLIC OF THE PHILIPPINES
. This mea_ns !hat the autonomous regions now cxist ing, or
which may exist In the future. are still part and parcel of the

Republic of the Phil


'.
1 IPPlncs a d h
our C ollRtltulton.
n R ould, therefore, be bound by

Can there still I

Mindanao

and the CO)('doltl


or aulonomouJ; regions other than for
r 1 eras?
There arc thoHe wh
only that it requIres a o sa~ th~t the same can still be done.
submits that Sectlo 15 constllutlonal amendment. The author
mous regions in M~sl; It8elf authorizes the creation of "auto nofor as long as who L 11m Mtndanao and 10 the Cordilleras" and
therein sot forth '.1 WI be created is In that area and the criteria
stitutionnl
amc~~~esenL,
the same can be done, without a consought to be estahlt ent, However, If the autonomous regions
tion 15 consur t,' Ished arc In other areas not specified In Sec,
,I
1I renal amendment
is required.

SECTION 16.

'fH.[1~PRESIDENT HAS GENERAL SUPERVISION OVER AUTONOMOUS REGIONS

"~eclion 16. The President shall exercise general


nuperinsion Ouer u utotunnou regions to ensure that laws
are [culh[ully <"xC'cuted."

COMMENTS:
Section 16 specifically provides that the President's power
over autonomous regions is only one of "general supervision" and
not of control.

SECTIONS

17, 18, and 19

"Section 17. All powers. [unctions, and responsibilities 1101 granted by tJIIS Constitution or by law to the
autonomous regioTlllshali be uested LIt the National Gooernment. "

"Section 18. The Congress shall enact an organic


acl (or each autonomous region with the assistance and
participation
o] the regional consultative commission
composed of representatiues appointed by the President
[rom a list of nominees [rom multi-sectoral bodies. The

\pi\IINI:-; rH ,\1'1\ 11 \\\'

"'lilll'llI fl,l ,./"tli dl1{illc Ille


mUll

J"l' tlu:

111"11

.111.1

"S Ie i"truelUfl'
,. '('lIlin'o{ gm'erndepart(1,

(If III' t~t ,J ch shall be


1''gI$/l1lil'l! 11.~St1t/1b1y, bot II of ~( ': t political
, f II -onstitvv II
I'':glllll "'ll,~ist",g

,I".,t"", 1111<1 ""fJl''.~1'1I/n/ll t' II II ( 'd [or sp"cial


'I,
'
01'1 t'
....
11/11 Is. l'h (lrlo1("'"' (It I :;"ulllt~t'II'IS(' pr
I
irisdic
.
I'
'/
I propcrt aW,/1 '

""l/r'~

Il'Ilh

p,'r.~"'1fl ./111111 y,
initlt 'h,'

111'" ('tlIIS/SI"II(

aitution

all(

pnIl'/S;OIlS

(I{lllI.~

(lIIillll,'IIItlllS

rc'gioll $IIall be cfb


fill'
('olt's cast
\'
(I
t

Ollli

ell,d nutiounl lou


I ,h,"' I'ro(lilelll
{t

elf tilt'

'

umcn

flJll'r!1l'l'd b\ "HIJ(l1'IIY
th "IIII,.lillll'1I1 units III ~ ]llchiscill~
1'111'1

'
l'".~I'.J/I'lII'ld,'d I IlUI ()II I \'!""lI'IIIt'1',-,

(lrl'e'.~ C'elt"'~ lac'ell'ubly

I'IlId,'d

III

th

'"

(I II 1011OIlIllIlS

called {or tht' p)ll~'


.(I I It,.s, and l'ot'ograp ,lie

1 I . itct 'shall

SlIr I ]I t.' IISC


,..'gWII,

be

ITI'

"

"Seetion 19, 'I'h"/i'rll(

CClllf(r:lIs elected under thi


C'lII,~/illltltl"
,":)'(111, 11'11111" "IJ(hlc'c'" numth [rom the flint!
f1r(lrS(l";~(lliClII (If both Ilousc, pans 1)1l!orgamc acts {or
th ctll/,lIWI1I(}IIN
rt'gIOII:; III Muslun
Mindanao and lilt'
('o/,d illuras, ..

SIMPLIFICATION
The POWt'I'S granted to uutonomous regions are enumerated
by law, If they nrc not included in the enumeration, they remain
vested in the national government.
In order to realize the establishment of the autonomous regions, Congress is mandated by Section 19 to pass the organic
acts for each of the autonomous regions within eighteen (18)
months from the time of the organization of the First Congress.
Now, two organic acts have already been approved by Congross, one creating the Autonomous Region in Muslim Mindanao
and the other, the Cordillera Autonomous Region.
After the approval of the said organic acts, the said autonomous regions are created only when the said organic acts were
ratified by a majority of the votes cast by the constituent units in
a plebiscite for that purpose.

WHAT KIND OF PLEBISCITE WILL BE HELD?

The plebiscite will be held


in the municipality or city,
as the case may be

Burunguy

The plebiscite will 1)(' held


in the province

If what \\ ill Ill' 1'1'1'111,,11 1M II


municipnhty
01' 1'111111111111'111

lf whut ",dll",

n('Htl'd

11111

ci ty

The plebiscite will be held


in the province to be ere
ated as well as in nnothor
province

If u

The plebiscite will tw held


in the region affected

1 r n n nut I) n 111111111H
will bo fOl'ml'd

SECTION 20.

11I'()VlIll'l'

wil I

to form nnot hl'l

11111""'\,,,11

p,'IIVIIII'I'

!'IlK HIll

LEGISLATIVE POWER O}<'AUTONOMOl)H


REGIONS

"Section 20. Withlll u terruorial jurisdiction

(11/(/.'1111,.

ject 10 the prOUISIOIIS of tlus Constitutum and n(l(IIII1(l1


Laws, tilt' organic act of outonomous r('J!ICIllS shull prouide for legislative

pourers

Of't'r

(1)

Admiruetratroe

organtzatron

(2)

Creation of sources of r('vellucs;

(3)

Ancestral domain and natural resources:

(4)

Personal, [anuly, and property relations:

(.5)

Rl'gLOIl(l1 urban and rural planning

(6)

Economtc,

(7)

Educational

policies;

(8)

Preservation
itage; and

and development

(9)

Such other matters as may be authorized by tiuo


for the promotion of the general welfare of the peo
ple of the region ."

social, and tourism

deoolopment;

deoelopment

of the cultural

her-

276

COMMJo:NTS:

The powers above (11eIlIUUlI din' lluhJI'("


810n8 of our Con utuuon and n IIICIIWIII\\(I

to

11\1'In.,,,,

(II

"81'("/;011
JI. I'h"/1I rt (lt,nll (If I'COC' (I"d ordr,
u ulun III 1't'81l 1111hal! b. 1/" rr PM'8ltll/,t
(I/tll. 10(.,1
aSI neres II h,("h hall b or'Rtw,".I
mnll'talll("I. tllIl" r
1;,
d. and uttl: I d In a. on{."'C" tilth lIfll,/,. abl iou II
Th d Ii n (' and eurits (If th ""sum 8110/1 bl' III. f'(
"ponSlbl/'h
oftl,
'\otlCltlol Gill I rtlm, lit ..

(,OMMENT~:
There are three (3) problems Il1I'nIlIlIlPd 11\ ~I'IIIIIII ~ I, I h1l8'
(1 ) Pro sc rv atron of PCClCC (I nd order '" It hill I hi' J't'g IIII1~: 121 I hti"IH'
of the region and (3) ccunl) of t he T<'gwns,
RESPOI'li'SIBII.ITY
OF LOCAL POLlet-:
AGENCIES

Rt-:SPONSItUI.I'I'Y OF I'IiF
NATIONAl. (~OVt-:HNl\tFN'1

Internal

Ordinary

The lltfl'n.!! und fH'l'1I1'lt'


of the regions shul! I,, IIII' n~.
sponsibility 01 tilt' 11111illllllll'll\.
ernment,

peace and order


criminality

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