ADMINISTRATIVE LAW

ADMINISTRATIVE LAW
-Branch of public law
which fixes the organization
and determines the
competence of administrative
authorities and indicates to
the individual remedies for
the violation of the rights.
KINDS
ADMINISTRATIVE BODIES /
AGENCIES
Organ of government, other
than the court and other than
the legislature, which affects
the rights of private parties
either thru adjudication ( Q.J )
or rule making ( Q. L )

1.statues setting up
administrative authorities CREATION, either by:

2. rules and regulations or 1. Constitutional provision

orders of such administrative 2. Legislative enactment or
authorities promulgated 3. Authority of the law
pursuant to the purpose for
which they were created A body or agency is
administrative where its
3. determinations, decisions function is primarily
and orders of such regulatory even if it conducts
administrative authorities hearing and determines
made in the settlement of controversies to carry out its
controversies arising in their regulatory duty.
particular fields
On its RULE MAKING
4. Body of doctrines and AUTHORITY,
decisions dealing with the
creation, operation and effect It is administrative when it
of determinations and does not have discretion to
regulations of such determine what the law shall
administrative authorities be but prescribes details for
the enforcement of the law.

2 MEANING OF TYPES
ADMINISTRATION
I. Bodies set up to function
1. As a FUNCTION in situations where
The execution , in non- the government is:
judicial matters, of the
law or will of the state a. Offering some gratuity,
as expressed by grant or special
competent authority privilege
( B of Lands)
2. As an ORGANIZATION
That group or aggregate b. Seeking to carry on
of persons in whose certain actual business
hands the reins of of govt ( BIR )
government are for the
time being. c. performing some
business service for the
KINDS: public ( MWSS)

1. INTERNAL d. Seeking to regulate

Legal side of public business affected with
administration ( matters public interest ( LTFRB)
concerning personnel, fiscal
and planning activities ) e. Seeking under the police
power to regulate
2. EXTERNAL private business and
Deals with the problem of individuals ( SEC )
government regulations
( regulation of lawful calling f. Seeking to adjust
or profession, industries or individual controversies
businesses )

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 ADMINISTRATIVE LAW
bec of strong social
policy involved ( ECC )
g. Bodies set up to make
the government a
private party ( GSIS )
POWERS OF
ADMINSTRATIVE BODY
1. Quasi-Legislative / rule
making power
2. Quasi-Judicial
Adjudicatory power
3. Determinative power
Incidental power
QUASI – LEGISLATIVE
POWER
The exercise of
delegated legislative power,
involving discretion as to
what the law shall be, but
merely the authority to fix the
details in the execution or
enforcement of a policy set
our in the law itself,
-rules and regulations issued
pursuant to the delegated
power have the force and
effect of law, they are binding
on all persons subject to them
and the courts will take
judicial notice of them
-the function of promulgating
rules & reg may be
legitimately exercised only for
the purpose of carrying out
the provisions of the law into
effect,
Thus, admi reg cannot extend
the law or amend a legislative
enactment, for settled is the
rule that administrative reg
must be in harmony with the
provisions of the law
Administrative Issuances must
not override, but must remain
consistent with the law they
seek to apply and implement,
They are intended to carry
out; not supplant nor to
modify the law.
-PPA has no discretion w/n to
implement the law, its duty is
to enforce the law
In case of conflict bet, PPA
Circular and a law like E.O.
1088, the latter prevails.
ADMINISTRATIVE ORDER
Is an ordinance issued by the
Pres, which relates to specific
aspects in the administrative
operation of gov.
KINDS OF ADMI RULES /
REG:
/
1. Supplementary /
Detailed Legislation
/
Rules and reg to “ fix the
details “ in the execution and
enforcement of a policy set
out in the law ( IRR )
2. Interpretative legislation
Rules and reg construing or
interpreting the prov of a
statue to be enforced and
they are binding on all
concerned until they are
changed ( BIR Circular )
They have the effect of law
and are entitled to great
respect, they have in their
favor the presumption of
legality.
3. Contingent legislation
Rules and Reg made by admin
authority on the existence of
certain facts or things upon
which the enforcement of the
law depends.
4. Subordinate legislation
Is designed to implement a
law by providing its details,
and before it is adopted there
must be a Hearing.
When an admi rule
substantially adds to or
increases the burden of those
concerned, an admin, agency
must accord those directly
affected a chance to be heard
before its issuance.
Vs. interpretative rules.
REQ FOR VALIDITY:
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1. Issued under authority partake the nature of a

of law legislative character.

2. Within the scope and 2. Adjudicative function /

purview of the law Q. J. function

When the regulatory system Prior notice & hearing

has been set up by law, it is
beyond the power of the admi
agency to dismantle it. Any
change in policy must be
made by the legislative dept.
3.reasonable
essential to the validity of
such rates.
If they apply exclusively to a
particular party, based upon
findings of fact, then its
function is Q. Jud in character.

MACEDA VS. ERB

4.publication
While under E.O. 172, a
Except in cases of hearing is indispensable it
a. interpretative rules and does not preclude the Board
regulations or from ordering ex-parte, a
b. those merely internal in provisional increase subject
nature or to its final disposition w/n to
c. the so called letters of make it permanent to reduce
instruction issued by or increase it further or to
administrative superior deny the application.
concerning the rules
and guidelines to be
followed by their S3© is akin to TRO or Writ of
subordinate in the preliminary attachment, which
performance of their are given ex parte and which
duties are subject to the resolution
of the main case.
publication must be in full or
it is no publication at all. KINDS OF DETERMINATIVE /
INCIDENTAL POWERS
ADMINISTRATIVE RULES
WITH PENAL SANCTIONS: 1. ENABLING

1. law must declare itself To permit or allow something

as punishable for the which the law undertakes to
violation of the admi r & regulate ( grant or denial of
reg. licenses to engage in a
particular business )
2. law should define or fix
the penalty for the 2. DIRECTING
violation of admin R &
Reg Illustrated by the power of
Assessment ( BIR / BOC )
3. it must be published.
3. DISPENSING

To exempt from a general

HELD that the function of
prohibition or relieve an
prescribing rates by an admi
individual or corp from an
agency may either be:
affirmative duty.
1. Legislative function
Authority of zoning boards
may vary provided in zoning
The grant of prior notice and
ordinances
hearing to the affected
parties is not a requirement Authority of the Acceptance
of D.P. board of Phil, Army to relive
certain persons from military
Where the rules & reg are training
merely to apply to ALL
enterprises of a given kind 4. EXAMINING /
throughout the country, they INVESTIGATORY POWER

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Consists in requiring 5. Decisions must be based

production of books, papers on the evidenced
etc; the attendance of adduced at the hearing,
witnesses and compelling or at least contained in
their testimony. the record and disclosed
to the parties
POWER TO COMPEL
Attendance of witness not 6. Board or its judges must
inherent in administrative act on its or their
body, but an administrative independent
officer is authorized to take consideration of the
testimony or evidence is facts and the law of the
deemed authorized to case, and not simply
administer oath, summon accept the views of a
witnesses, require production subordinate in arriving
of documents. at a decision

POWER TO PUNISH Contempt 7. Decision must be

must be expressly granted to rendered in such a
the admin body and when so manner that the parties
granted, may be exercised to the controversy can
only when admin body is know the various issued
actually performing Q.Jud involved and the
functions. reasons for the decisions
rendered.
5. SUMMARY
DUE PROCESS SIMPLY
Power to apply compulsion or MEANS:
force against persons or
property to effectuate a legal The opportunity to explain
purpose without a judicial one’s side or the opportunity
warrant to authorize such to seek a reconsideration of
action ( Abatement of the action or ruling
nuisance). complained of, a formal or
trail type hearing is not, at all
times, necessary.

QUASI JUDICIAL / Admin D.P, does not

ADJUDICATORY POWER necessarily require the
assistan ce of the counsel.
Proceedings partake the
character of jud. Proceeding.

Admin body is normally EXTRADITEE, entitled to

granted the authority to Notice and Opportunity to be
promulgate its own rules of heard, the basic element of
procedure, provd, they do not D.P. for the clear danger of
increase, diminish or modify loss of property or
substantive rights and subject employment but of liberty
to disapproval by the S.C. itself.

ADMINISTRATIVE DUE
PROCESS:
In PREVENTIVE SUSPENSION,
1. Right to hearing / no notice is necessary bec it
opportunity to be heard was only preventive in nature.

2. Tribunal must consider

the evidence presented

3. Decisions must have

something to support NOTICE & HEARING ARE
itself NOT REQUIRED:

4. Evidence must be 1. Grant of provisional

substantial authority for increased
rates or to engaged in a

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particular line of hearing in the appealed

business case, if deemed
necessary.
2. Summary proceedings of
distraint and levy upon
the property of a
delinquent tax payer DOCTRINE OF RES JUDICATA

3. Cancellation of a Decisions and orders of admin

passport where no abuse agencies have upon their
of discretion is finality the force and binding
committed by Sec. of effect of a final judgment.
Foreign Affairs
These decisions and orders
4. Summary abatement of are conclusive upon the rights
nuisance per se which of the affected parties as
affects the immediate though the same had been
safety of the persons/ rendered by a court of
property. general jurisdiction.

The rule of res judicata thus

forbids the re opening of a
Right against Self- matter once determined by
Incrimination may be invoked. competent authority acting
within their exclusive
Power to punish contempt is jurisdiction,
inherently judicial, it may be
exercised only if Expressly Doctrine of res jud applies to
conferred by law and when adversary admin, proceeding.
Admin body is engaged in the
performance of its Q.Jud
power.
G.R.: RES JUD DOES NOT
APPLY IN CITIZENSHIP

Admin decisions are not part The doctrine of res jud can
of the legal system. It is only apply only when the ff
Judicial Decisions conditions are met, for cit
cases:

1. Question of citizenship
ADMINISTRATIVE APPEAL is resolved by a court or
AND REVIEW: an admin body as a
material issue in the
1. Where provided by law, controversy after a full
appeal from an admin blown hearing;
determination may be
made to a higher or 2. With the active
superior administrative participation of the Sol.
body or officer Gen;

2. By virtue of the power of 3. The findings made by

control which the Pres. the admin body on the
Exercises over all citizenship is affirmed
executive department. by the S.C.

-the President himself –

or thru Dept. Sec ( Alter
Ego Doctrine )

May affirm, modify, alter LLDA

or reverse the
administrative decision Has regulatory and q. jud
of subordinate officials powers n respect to pollution
and employees. cases, with authority to issue
“ cease and desist” order and
3. Appellate admin agency on matters affecting the
may conduct additional construction of illegal fishpen,

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fish cages and other aqua- remedy in the ordinary

culture structures in Laguna course of law.
de Bay.

DECS REG. DIR

Only those decisions of admin
Has authority to issue a R-T-W agency made in the exercise
order, to initiate admin of Q.Jud power are subject to
charges and to constitute an the rule on the exhaustion of
investigating panel admin remedy.

HLURB

Power to hear and decide DOCTRINE OF PRIOR

cases of unsound real estate RESORT / DOCTRINE OF
business practices an cases of PRIMARY ADMINISTRATIVE
Specific Performance JURISDICTION

DEPT OF ENERGY Where there is competence or

jurisdiction vested upon an
Has the juris over disputes admin body to act upon a
involving direct connection of matter, no resort to the
electric power courts may be made before
such admin body shall have
HOME INSURANCE acted upon the matter.
GUARANTEE CORP ( HICC )
DOCTRINE OF FINALITY OF
Disputes involving ADMINISTRATIVE ACTION
homeowners association.
No resort to the courts will be
allowed unless the
administrative action has
EXHAUSTION OF been completed and there is
ADMINISTRATIVE REMEDIES nothing left to be done in the
administrative structure.
Where there is an available
admin remedy provided by
law, no judicial recourse can
be made until such remedies Failure to exhaust
have been availed of and administrative remedies, the
exhausted. juris of the court is not
affected, but he complainant
REASONS: is deprived of Cause of Action
which is a ground for MTD.
1. If relief is first sought
from a superior
administrative agency,
resort to courts may be EXCEPTIONS FO THE
unnecessary. DOCTRINE:

2. Admin agency should be 1. DOCTRINE OF QUALIFIED

given a chance to POLITICAL AGENCY
correct its error, ( ALTER EGO )

3. Principle of Comity and a. Except where the law

Convenience; requires expressly provides for
the court to stay their exhaustion
hand until the admin
process are completed. b. Where appeal had been
made to the Pres and,
4. Since judicial review of before the Pres could
admin, decision is act on the appeal, the
usually made through same was withdrawn,
Special Civil Actions there was deemed to
such proceedings will have been failure to
not normally prosper if exhaust admin rem.
there is another plain,
speedy and adequate

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-by appealing, the party Except when the Constitution

recognized a plain, speedy
and adequate remedy is still
open upon to him in the
ordinary course of law – and
thus, his Special civil action
must fail.
2. Where the Admin
remedy is Fruitless
requires or allows it, judicial
review may be granted or
withheld as Congress chooses.
Thus the law may provide that
a determination made by an
admin agency shall be final
and irreviewable in such case,
there is NO VIOLATION OF D.P.
BASES OF JUDICIAL REVIEW:

( e.g. suit for recovery of title 1. Constitution

to the office must be
instituted within 1 year 2. Statutes
otherwise barred )
3. Gen principles of law

METHODS OF JUD. REVIEW;

3. Where there is Estoppel CLASSES:
on the part of the admin
agency. I.

4. Issued involved is purely A. STATUTORY

legal question
Available pursuant to specific
5. Where the admin action statutory provisions
is patently illegal,
amounting to lack or B. NON-STATUTORY
excess of jurisdiction
Where there is no express
6. Where there is statute granting review,
unreasonable delay or reliefs obtained by means of
official inaction the common law remedies, or
by prerogative of Writ of
7. There is irreparable Certiorari, Mandamus, Habeas
injury or threat thereof, Corupus, Quo Warranto or
unless judicial recourse Prohibition
is immediately made
II.
8. In land cases, where
the subject matter is a A. DIRECT
private land.
Attempt to question is
9. Where the law does not subsequent proceeding the
make exhaustion a administrative action for lack
condition precedent to of jurisdiction, grave abuse of
judicial recourse discretion etc.

10. Where observance Citizenship of individual

of the doctrine will cannot be attacked in
result in the nullification collateral proceeding.
of the claim

11. Where there are

special reasons /
circumstan ces
demanding immediate B. COLLATERAL
court action.
Relief from admin action
sought in the proceeding the
primary purpose of which is
NO REVIEW OF some relief other than the
ADMINISTRATIVE DECISION setting aside of the judgment,
alto an attack on the
RULE: judgment may be incidentally
involved. ( damage suit

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 ADMINISTRATIVE LAW

against the administrative May be set aside on proof of

official ) Grave Abuse of Discretion,
Fraud, Collusion or Errors of
Decision of BOI – RTC Law.

CTA – CA

COURT MARTIAL – RTC JUD. REVIEW IS NOT TRIAL

DE NOVO:

Merely an ascertainment of
QUESTION OF FACT whether the findings of the
admin agency are consistent
Factual findings of admin with the law, free from fraud/
agencies are generally imposition and supported by
conclusive upon the courts if evidence .
supported by substantial
evidence, thus courts are CASES:
precluded from reviewing Q.
of Facts, except : Under Rule 45 which governs
appeal by certiorari, only questions
1. When expressly allowed of law may be raised12 as the
by statute; Supreme Court is not a trier of
facts.13
2. Fraud, imposition or
mistake other than error The resolution of factual issues is
of judgment in the function of lower courts, whose
evaluating evidence findings on these matters are
received with respect and are in
3. Error in appreciation of fact generally binding on the
the pleadings and in the Supreme Court.14 A question of law
interpretation of the which the Court may pass upon
documentary evidence must not involve an examination of
presented by the the probative value of the evidence
parties. presented by the litigants.15

MIXED QUESTION OF FACT There is a question of law in a

AND LAW
( BRANDEIS DOCTRINE OF
ASSIMILATION OF FACTS)
Where that purports to be
findings upon a Q of Fact is so
involved with and dependent
upon a Q of Law as to in
substance and effect a MEDINA VS COA
decision on the latter, the
court, will, in order to decide
the legal question, examine
the entire record including
the evidence if necessary.
Findings of fact are respected
as long as they are supported
by substantial evidence.
Findings of admin, officials
and agencies who have
acquired expertise bec of
their juris is confined to
specific matters are generally
accorder not only respect but
at time even finality if such
findings are supported by
substantial evidence.
given case when the doubt or
difference arises as to what the law
is on a certain state of facts;
there is a question of fact when
the doubt or difference arises as to
the truth or the falsehood of
alleged facts.16
Administrative Order No. 07, as
amended by Administrative Order
No. 17, particularly governs the
procedure in administrative
proceedings before the Office of
the Ombudsman. The Rules of
Procedure of the Office of the
Ombudsman was issued pursuant
to the authority vested in the Office
of the Ombudsman under Republic
Act No. 6770, otherwise known as
"The Ombudsman Act of 1989."
When an administrative agency
promulgates rules and regulations,
it "makes" a new law with the force
and effect of a valid law. Rules and
regulations when promulgated in
pursuance of the procedure or
authority conferred upon the

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 ADMINISTRATIVE LAW
administrative agency by law,
partake of the nature of a statute.20
On the other hand, the provisions
in the Administrative Code cited by
petitioner in support of her theory
that she is entitled to a formal
investigation apply only to
administrative cases filed before
the Civil Service Commission (CSC).
In particular, Section 48(2) and
Section 48(3) are subsumed under
Subtitle A of Title I, which pertains
to the CSC and to the procedure of
administrative cases filed before
the CSC. The administrative
complaint against petitioner was
filed before the Office of the
Ombudsman, suggesting that a
different set of procedural rules
govern. And rightly so, the Deputy
Ombudsman applied the provisions
of Rules of Procedure of the Office
of the Ombudsman in ruling that
the prerogative to elect a formal
investigation pertains to the
hearing officer and not to
petitioner.
On various occasions,21 the Court
has ruled on the primacy of special
laws and of their implementing
regulations over the Administrative
Code of 1987 in settling
controversies specifically subject of
these special laws. For instance, in
Hon. Joson v. Exec. Sec. Torres,22
the Court held that the Local
Government Code of 1991, the
Rules and Regulations
Implementing the Local
Government Code of 1991, and
Administrative Order No. 23 (A.O.
No. 23)23 govern administrative
disciplinary proceedings against
elective local officials, whereas the
Rules of Court and the
Administrative Code of 1987 apply
in a suppletory character to all
matters not provided in A.O. No.
23.24 The aforesaid ruling is based
on the principle of statutory
construction that where there are
two statutes applicable to a
particular case, that which is
specially intended for the said case
must prevail.25
Lapid v. Court of Appeals,26 the
Court expressly upheld the
applicability of The Ombudsman
Act of 1989 and the implementing
rules and regulations thereof to the
exclusion of the Local Government
Code and the Administrative Code
of 1989 on the issue of the
execution of the Ombudsman's
decision pending appeal. The Court
noted that petitioner therein was
charged before the Office of the
Ombudsman and accordingly, The
Ombudsman Act of 1989 should
apply exclusively. The Court
explained, thus:
There is no basis in law for
the proposition that the
provisions of the
Administrative Code of 1987
and the Local Government
Code on execution pending
review should be applied
suppletorily to the provisions
of the Ombudsman Act as
there is nothing in the
Ombudsman Act which
provides for such suppletory
application. xxx xxx xxx
And while in one respect, the
Ombudsman Law, the
Administrative Code of 1987
and the Local Government
Code are in pari materia
insofar as the three laws
relate or deal with public
officers, the similarity ends
there. It is a principle in
statutory construction that
where there are two statutes
that apply to a particular
case, that which was
specially designed for the
said case must prevail over
the other. In the instant
case, the acts attributed to
petitioner could have been
the subject of administrative
disciplinary proceedings
before the Office of the
President under the Local
Government Code or before
the Office of the
Ombudsman under the
Ombudsman Act.
Considering however, that
petitioner was charged
under the Ombudsman Act,
it is this law alone which
should govern his case.27
Well-settled is the rule that the
findings of fact of administrative
bodies, if based on substantial
evidence, are controlling on the
reviewing authority. It is settled
that it is not for the appellate court
to substitute its own judgment for
that of the administrative agency
on the sufficiency of the evidence
and the credibility of the witnesses.
Administrative decisions on
matters within their jurisdiction are
entitled to respect and can only be
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 ADMINISTRATIVE LAW
set aside on proof of graveabuse of
discretion, fraud or error of law
On the penalty of dismissal which
petitioner claims is too harsh,
petitioner argues that the
mitigating circumstances of this
being her first offense and of the
unreasonable length of time in
filing the administrative case
should be considered in her favor.
Jurisprudence is replete with cases
declaring that a grave offense
cannot be mitigated by the fact
that the accused is a first time
offender or by the length of service
of the accused. In Civil Service
Commission v. Cortez,33 the Court
held as follows:
The gravity of the offense
committed is also the reason
why we cannot consider the
"first offense" circumstance
invoked by respondent. In
several cases, we imposed
the heavier penalty of
dismissal or a fine of more
than P20,000.00, considering
the gravity of the offense
committed, even if the
offense charged was
respondent's first offense.
Thus, in the present case,
even though the offense
respondent was found guilty
of was her first offense, the
gravity thereof outweighs
the fact that it was her first
offense.3
Also, in Concerned Employees v.
Nuestro,35 a court employee
charged with and found guilty of
dishonesty for falsification was
meted the penalty of dismissal
notwithstanding the length of her
service in view of the gravity of the
offense charged.
To end, it must be stressed that
dishonesty and grave misconduct
have always been and should
remain anathema in the civil
service. They inevitably reflect on
the fitness of a civil servant to
continue in office. When an officer
or employee is disciplined, the
object sought is not the
punishment of such officer or
employee but the improvement of
the public service and the
preservation of the public's faith
and confidence in the
government.36
It is the consistent and general
policy of the Court not to interfere
with the Office of the
Ombudsman’s exercise of its
investigatory and prosecutory
powers.12 The rule is based not only
upon respect for the investigatory
and prosecutory powers granted by
the Constitution to the Office of the
Ombudsman but upon practicality
as well.13 It is within the context of
this well-entrenched policy that the
Court proceeds to pass upon the
validity of the preventive
suspension order issued by the
Ombudsman in this
case.lawphil.net
As early as 1995, this Court ruled in
Lastimosa v. Vasquez14 and Hagad
v. Gozo-Dadole,15 that neither prior
notice nor a hearing is required for
the issuance of a preventive
suspension order. The well-settled
doctrine is solidly anchored on the
explicit text of the governing law
which is Section 24 of R.A. No.
6770. The provision defines the
authority of the Ombudsman to
preventively suspend government
officials and employees. It reads:
SEC. 24. Preventive Suspension.—
The Ombudsman or his Deputy
may preventively suspend any
officer or employee under his
authority pending an investigation,
if in his judgment the evidence of
guilt is strong, and (a) the charge
against such officer or employee
involves dishonesty, oppression or
grave misconduct or neglect in the
performance of duty; (b) the
charges would warrant removal
from the service; or (c) the
respondent's continued stay in
office may prejudice the case filed
against him.
The preventive suspension shall
continue until the case is
terminated by the Office of the
Ombudsman but not more than six
months, without pay, except when
the delay in the disposition of the
case by the Office of the
Ombudsman is due to the fault,
negligence or petition of the
respondent, in which case the
period of such delay shall not be
counted in computing the period of
suspension herein provided.
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 ADMINISTRATIVE LAW
Clearly, the plain language of the
above-quoted provision debunks
the appellate court’s position that
the order meting out preventive
suspension may not be issued
without prior notice and hearing
and before the issues are joined.
Under Section 24, two requisites
must concur to render the
preventive suspension order valid.
The first requisite is unique and
can be satisfied in only one way. It
is that in the judgment of the
Ombudsman or the Deputy
Ombudsman, the evidence of guilt
is strong. The second requisite,
however, may be met in three (3)
different ways, to wit: (1) that the
offense charged involves
dishonesty, oppression or grave
misconduct or neglect in the
performance of duty; (2) the
charge would warrant removal
from the service; or (3) the
respondent’s continued stay in
office may prejudice the case filed
against him.
A preventive suspension is not a
penalty and such an order when
issued by the Ombudsman is
accorded the highest deference
unless the order violates Section
24 of R.A. No. 6770.33
A final note. The preventive
suspension order insofar as Mayor
Evagelista is concerned has been
rendered moot and academic. The
Mayor was re-elected and
proclaimed during the May 2007
elections as evidenced by the
certificate of canvass of votes and
proclamation of winning candidates
for the Municipality of Aguilar,
Pangasinan.34 This Court has
consistently ruled that elective
officials may not be held
administratively liable for
misconduct committed during a
previous term of office.35 The
rationale for this rule is that it is
assumed that the electorate
returned the official to power with
full knowledge of past misconduct
and in fact condoned it. It should
be stressed that this forgiveness
only applies to the administrative
liability; the State may still pursue
the official in a criminal case.
CSC VS SOJOR
I. Jurisdiction of the CSC
The Constitution grants to the CSC
administration over the entire civil
service.28 As defined, the civil
service embraces every branch,
agency, subdivision, and
instrumentality of the government,
including every government-owned
or controlled corporation.29 It is
further classified into career and
non-career service positions.
Career service positions are those
where: (1) entrance is based on
merit and fitness or highly
technical qualifications; (2) there is
opportunity for advancement to
higher career positions; and (3)
there is security of tenure. These
include:
(1) Open Career positions for
appointment to which prior
qualification in an
appropriate examination is
required;
(2) Closed Career positions
which are scientific, or highly
technical in nature; these
include the faculty and
academic staff of state
colleges and universities,
and scientific and technical
positions in scientific or
research institutions which
shall establish and maintain
their own merit systems;
(3) Positions in the Career
Executive Service; namely,
Undersecretary, Assistant
Secretary, Bureau Director,
Assistant Bureau Director,
Regional Director, Assistant
Regional Director, Chief of
Department Service and
other officers of equivalent
rank as may be identified by
the Career Executive Service
Board, all of whom are
appointed by the President;
(4) Career officers, other
than those in the Career
Executive Service, who are
appointed by the President,
such as the Foreign Service
Officers in the Department of
Foreign Affairs;
(5) Commissioned officers
and enlisted men of the
Armed Forces which shall
maintain a separate merit
system;
11
 ADMINISTRATIVE LAW

(6) Personnel of (2) Secretaries and other

government-owned or officials of Cabinet rank who
controlled corporations, hold their positions at the
whether performing pleasure of the President
governmental or proprietary and their personal or
functions, who do not fall confidential staff(s);
under the non-career
service; and (3) Chairman and members
of commissions and boards
(7) Permanent laborers, with fixed terms of office and
whether skilled, semi-skilled, their personal or confidential
or unskilled.30 staff;

Career positions are further (4) Contractual personnel or

grouped into three levels. Entrance those whose employment in
to the first two levels is determined the government is in
through competitive examinations, accordance with a special
while entrance to the third level is contract to undertake a
prescribed by the Career Executive specific work or job,
Service Board.31 The positions requiring special or technical
covered by each level are: skills not available in the
employing agency, to be
(a) The first level shall accomplished within a
include clerical, trades, specific period, which in no
crafts, and custodial service case shall exceed one year,
positions which involve non- and performs or
professional or accomplishes the specific
subprofessional work in a work or job, under his own
non-supervisory or responsibility with a
supervisory capacity minimum of direction and
requiring less than four supervision from the hiring
years of collegiate studies; agency; and

(b) The second level shall (5) Emergency and seasonal

include professional,
technical, and scientific
positions which involve
professional, technical, or
scientific work in a non-
supervisory or supervisory
capacity requiring at least
four years of college work up
to Division Chief level; and
(c) The third level shall cover
positions in the Career
Executive Service.32
On the other hand, non-career
service positions are characterized
by: (1) entrance not by the usual
tests of merit and fitness; and (2)
tenure which is limited to a period
specified by law, coterminous with
the appointing authority or subject
to his pleasure, or limited to the
duration of a particular project for
which purpose employment was
made.33 The law states:
The Non-Career Service shall
include:
(1) Elective officials and their
personal or confidential
staff;
personnel.34
It is evident that CSC has been
granted by the Constitution and the
Administrative Code jurisdiction
over all civil service positions in the
government service, whether
career or non-career. From this
grant of general jurisdiction, the
CSC promulgated the Revised
Uniform Rules on Administrative
Cases in the Civil Service.35 We find
that the specific jurisdiction, as
spelled out in the CSC rules, did not
depart from the general jurisdiction
granted to it by law. The
jurisdiction of the Regional Office of
the CSC and the Commission
central office (Commission Proper)
is specified in the CSC rules as:
Section 4. Jurisdiction of the
Civil Service Commission. –
The Civil Service
Commission shall hear and
decide administrative cases
instituted by, or brought
before it, directly or on
appeal, including contested
appointments, and shall
review decisions and actions

12
 ADMINISTRATIVE LAW

of its offices and of the level officials

agencies attached to it. who are not
presidential
Except as otherwise appointees;
provided by the
Constitution or by law, 5. Complaints
the Civil Service against Civil
Commission shall have Service
the final authority to officials and
pass upon the removal, employees
separation and which are not
suspension of all officers acted upon by
and employees in the the agencies
civil service and upon all and such
matters relating to the other
conduct, discipline and complaints
efficiency of such officers requiring
and employees. direct or
immediate
Section 5. Jurisdiction of the action, in the
Civil Service Commission interest of
Proper. – The Civil Service justice;
Commission Proper shall
have jurisdiction over the 6. Requests for
following cases: transfer of
venue of
A. Disciplinary hearing on
cases being
1. Decisions of heard by Civil
Civil Service Service
Regional Offices Regional
brought before Offices;
it on petition for
review; 7. Appeals from
the Order of
2. Decisions of Preventive
heads of Suspension;
departments, and
agencies,
provinces, 8. Such other
cities, actions or
municipalities requests
and other involving issues
instrumentalitie arising out of or
s, imposing in connection
penalties with the
exceeding foregoing
thirty days enumerations.
suspension or
fine in an B. Non-Disciplinary
amount
exceeding 1. Decisions of
thirty days Civil Service
salary brought Commission
before it on Regional
appeal; Offices
brought
3. Complaints before it;
brought against
Civil Service 2. Requests for
Commission favorable
Proper recommendatio
personnel; n on petition for
executive
4. Complaints clemency;
against third

13
 ADMINISTRATIVE LAW

3. Protests Regional Office

against the personnel who
appointment, or are appointees
other personnel of said office;
actions, and
involving third
level officials; 3. Petitions to
and place
respondent
4. Such other under
analogous Preventive
actions or Suspension.
petitions arising
out of or in B. Non-Disciplinary
relation with
the foregoing 1. Disapproval
enumerations. of
appointments
Section 6. Jurisdiction of Civil brought before
Service Regional Offices. – it on appeal;
The Civil Service
Commission Regional Offices 2. Protests
shall have jurisdiction over against the
the following cases: appointments
of first and
A. Disciplinary second level
employees
1. Complaints brought before
initiated by, it directly or on
or brought appeal.
before, the (Emphasis
Civil Service supplied)
Commission
Regional Respondent, a state university
Offices president with a fixed term of office
provided that appointed by the governing board
the alleged of trustees of the university, is a
acts or non-career civil service officer. He
omissions was appointed by the chairman
were and members of the governing
committed board of CVPC. By clear provision
within the of law, respondent is a non-career
jurisdiction of civil servant who is under the
the Regional jurisdiction of the CSC.
Office,
including Civil II. The power of the BOR to
Service discipline officials and
examination employees is not exclusive.
anomalies or CSC has concurrent jurisdiction
irregularities over a president of a state
and the university.
persons
complained of Section 4 of R.A. No. 8292, or the
are Higher Education Modernization Act
employees of of 1997, under which law
agencies, respondent was appointed during
local or the time material to the present
national, case, provides that the school’s
within said governing board shall have the
geographical general powers of administration
areas; granted to a corporation. In
addition, Section 4 of the law
2. Complaints grants to the board the power to
involving Civil remove school faculty members,
Service administrative officials, and
Commission employees for cause:

14
 ADMINISTRATIVE LAW

Section 4. Powers and Duties as "The Corporation Code of

of Governing Boards. – The the Philippines." The
governing board shall administration of the
have the following University and the
specific powers and exercise of its corporate
duties in addition to its powers shall be vested
general powers of exclusively in the Board
administration and the of Regents and the
exercise of all the powers president of the
granted to the board of University insofar as
directors of a corporation authorized by the Board.
under Section 36 of Batas
Pambansa Blg. 68, otherwise Measured by the foregoing
known as the Corporation yardstick, there is no question that
Code of the Philippines: administrative power over the
school exclusively belongs to its
xxxx BOR. But does this exclusive
administrative power extend to the
h) to fix and adjust power to remove its erring
salaries of faculty employees and officials?
members and
administrative officials In light of the other provisions of
and employees R.A. No. 9299, respondent’s
subject to the argument that the BOR has
provisions of the exclusive power to remove its
revised compensation university officials must fail.
and classification Section 7 of R.A. No. 9299 states
system and other that the power to remove faculty
pertinent budget and members, employees, and officials
compensation laws of the university is granted to the
governing hours of BOR "in addition to its general
service, and such powers of administration." This
other duties and provision is essentially a
conditions as it may reproduction of Section 4 of its
deem proper; to grant predecessor, R.A. No. 8292,
them, at its discretion, demonstrating that the intent of
leaves of absence the lawmakers did not change even
under such with the enactment of the new law.
regulations as it may For clarity, the text of the said
promulgate, any section is reproduced below:
provisions of existing
law to the contrary Sec. 7. Powers and Duties of
not withstanding; and the Board of Regents. – The
to remove them for Board shall have the
cause in accordance following specific powers
with the requirements and duties in addition to
of due process of law. its general powers of
(Emphasis supplied) administration and the
exercise of all the powers
The above section was granted to the Board of
subsequently reproduced as Directors of a corporation
Section 7(i) of the succeeding law under existing laws:
that converted CVPC into NORSU,
R.A. No. 9299. Notably, and in xxxx
contrast with the earlier law, R.A.
No. 9299 now provides that the i. To fix and adjust
administration of the university and salaries of faculty
exercise of corporate powers of the members and
board of the school shall be administrative officials
exclusive: and employees,
subject to the
Sec. 4. Administration. – The provisions of the
University shall have the Revised
general powers of a Compensation and
corporation set forth in Batas Position Classification
Pambansa Blg. 68, as System and other
amended, otherwise known

15
 ADMINISTRATIVE LAW

pertinent budget and The Civil Service Law (PD

compensation laws 807) expressly vests in the
governing hours of Commission appellate
service and such other jurisdiction in administrative
duties and conditions disciplinary cases involving
as it may deem members of the Civil
proper; to grant them, Service. Section 9(j)
at its discretion, mandates that the
leaves of absence Commission shall have the
under such power to "hear and decide
regulations as it may administrative disciplinary
promulgate, any cases instituted directly with
provision of existing it in accordance with Section
law to the contrary 37 or brought to it on
notwithstanding; and appeal." And Section 37(a)
to remove them for provides that, "The
cause in accordance Commission shall decide
with the upon appeal all
requirements of administrative disciplinary
due process of cases involving the
law.36 (Emphasis imposition of a penalty of
supplied) suspension for more than
thirty (30) days, or fine in an
Verily, the BOR of NORSU has the amount exceeding thirty
sole power of administration over days’ salary, demotion in
the university. But this power is not rank or salary or transfer,
exclusive in the matter of removal or dismissal from
disciplining and removing its office." (Emphasis supplied)
employees and officials.
Under the 1972 Constitution,
Although the BOR of NORSU is all government-owned or
given the specific power under R.A. controlled corporations,
No. 9299 to discipline its regardless of the manner of
employees and officials, there is no their creation, were
showing that such power is considered part of the Civil
exclusive. When the law bestows Service. Under the 1987
upon a government body the Constitution, only
jurisdiction to hear and decide government-owned or
cases involving specific matters, it controlled corporations with
is to be presumed that such original charters fall within
jurisdiction is exclusive unless it be the scope of the Civil Service
proved that another body is pursuant to Article IX-B,
likewise vested with the same Section 2(1), which states:
jurisdiction, in which case, both
bodies have concurrent jurisdiction "The Civil Service
over the matter.37 embraces all
branches,
All members of the civil service are subdivisions,
under the jurisdiction of the CSC, instrumentalities, and
unless otherwise provided by law. agencies of the
Being a non-career civil servant government, including
does not remove respondent from government-owned or
the ambit of the CSC. Career or controlled
non-career, a civil service official or corporations with
employee is within the jurisdiction original charters."
of the CSC.
As a mere government-
This is not a case of first owned or controlled
impression. corporation, UP was clearly a
part of the Civil Service
In University of the Philippines v. under the 1973 Constitution
Regino,38 this Court struck down and now continues to be so
the claim of exclusive jurisdiction because it was created by a
of the UP BOR to discipline its special law and has an
employees. The Court held then: original charter. As a
component of the Civil
Service, UP is therefore

16
 ADMINISTRATIVE LAW

governed by PD 807 and

administrative cases
involving the discipline of It will be noted that in the
its employees come questioned resolutions, respondent
under the appellate court imposed on petitioner an
jurisdiction of the Civil indefinite period of suspension,
Service Commission.39 pendente lite, from her mentioned
(Emphasis supplied) office, on the basis of Section 13,
Rep. Act 3019, as amended, earlier
In the more recent case of quoted. Petitioner at the outset
Camacho v. Gloria,40 this Court lent contends that Section 13 of Rep.
credence to the concurrent Act 3019, as amended, is
jurisdiction of the CSC when it unconstitutional as the suspension
affirmed that a case against a provided thereunder partake of a
university official may be filed penalty even before a judgment of
either with the university’s BOR or conviction is reached, and is thus
directly with the CSC. We quote: violative of her constitutional right
to be presumed innocent.
Further, petitioner contends
that the creation of the We do not accept the contention
committee by the because: firstly, under Section 13,
respondent Secretary, as Rep. Act 3019, suspension of a
Chairman of the USP Board public officer upon the filing of a
of Regents, was contrary to valid information is mandatory. 9
the Civil Service Rules. What the Constitution rejects is a
However, he cites no specific preventive suspension of indefinite
provision of the Civil Service duration as it raises, at the very
Law which was violated by least, questions of denial of due
the respondents in forming process and equal protection of the
the investigating committee. laws; in other words, preventive
The Civil Service Rules suspension is justifiable for as long
embodied in Executive Order as its continuance is for a
292 recognize the power of reasonable length of time; 10
the Secretary and the secondly, preventive suspension is
university, through its not a penalty; 11 a person under
governing board, to preventive suspension, especially
investigate and decide in a criminal action, remains
matters involving entitled to the constitutional
disciplinary action against presumption of innocence as his
officers and employees culpability must still be established
under their jurisdiction. Of established 12 thirdly, the rule is
course under EO 292, a that every law has in its favor the
complaint against a state presumption of validity, and that to
university official may be declare a law unconstitutional, the
filed either with the basis for such a declaration must
university’s Board of be clearly established. 13
Regents or directly with
the Civil Service The issue in this case, as we see it,
Commission, although is not whether Section 13, Rep. Act
the CSC may delegate the 3019 is valid or not, but rather
investigation of a whether the same is
complaint and for that constitutionally applied in relation
purpose, may deputize to the surrounding circumstances.
any department, agency, 14

official or group
officials to conduct such
investigation.41 (Emphasis
supplied)
Thus, CSC validly took cognizance
of the administrative complaints
directly filed before the regional
office, concerning violations of civil
service rules against respondent.
GONZAGA VS SANDIGANBAYAN
of
It is worthy to note that even prior
to the cases of Deloso (1988) and
Doromal (1989), to be discussed
shortly, pronouncements had
already been made by the Court in
the cases of Garcia (1962) and
Layno (1985) 15 to the effect that a
preventive suspension lasting for
an unreasonable length of time
violates the Constitution. In the
more recent cases of Deloso vs.
Sandiganbayan, and Doromal vs.

17
 ADMINISTRATIVE LAW
16
Sandiganbayan, suspension 2. Preventive
under Section 13 of Rep. Act 3019 suspension under
was held as limited to a maximum Section 42 of Pres.
period of ninety (90) days, in Decree 807 shall
consonance with Section 42 of apply to all officers or
Pres. Decree No. 807 (otherwise employees whose
known as the "Civil Service positions are
Decree"). 17 We see no cogent embraced in the Civil
reason why the same rule should Service, as provided
not apply to herein petitioner. under Sections 3 and
4 of Id Pres. Decree
All told, preventive suspension is 807; 22 and shall be
not violative of the Constitution as limited to a maximum
it is not a penalty. In fact, period of ninety (90)
suspension particularly under days from issuance,
Section 13 of Rep. Act 3019 is except where there is
mandatory once the validity of the delay in the
information is determined. 18 What disposition of the
the Constitution abhors is an case, which is due to
indefinite preventive suspension as the fault, negligence
it violates the due process and or petition of the
equal protection clauses, 19 and the respondent, in which
right of public officers and case the period of
employees to security of tenure. 20 delay shall not be
counted in computing
Henceforth, considering that the the period of
persons who can be charged under suspension herein
Rep. Act 3019, as amended, stated; provided that
include elective and appointive if the person
officers and employees, and futher suspended is a
taking into account the rulings in presidential
23
the Deloso and Doromal cases, the appointee, the
ninety (90)-day maximum period continuance of his
for suspension under Section 13 of suspension shag be
the said Act shall apply to all those for a reasonable time
who are validly charged under the as the circumstances
said Act, whether elective or of the case may
appointive officer or employee as warrant.
defined in Section 2(b) of Rep. Act
3019. 21

To the extent that there may be

cases of indefinite suspension
imposed either under Section 13 of
Rep. Act 3019, or Section 42 of
Pres. Decree 807, it is best for the OFFICE OF THE PRESIDENT
guidance of all concerned that this
Court set forth the rules on the Title I
period of preventive suspension
under the aforementioned laws, as POWERS OF THE PRESIDENT
follows:
CHAPTER 1
1. Preventive POWER OF CONTROL
suspension under
Section 13, Rep. Act Section 1. Power of Control. - The
3019 as amended President shall have control of all
shall be limited to a the executive departments,
maximum period of bureaus, and offices. He shall
ninety (90) days, from ensure that the laws be faithfully
issuance thereof, and executed.
this applies to all
public officers, (as
CHAPTER 2
defined in Section 2(b)
ORDINANCE POWER
of Rep. Act 3019) who
are validly charged
Section 2. Executive Orders. -
under said Act.
Acts of the President providing for

18
 ADMINISTRATIVE LAW

rules of a general or permanent immigrants by allowing them to

character in implementation or acquire permanent residence
execution of constitutional or status without necessity of visa.
statutory powers shall be
promulgated in executive orders. Section 10. Power to
Countermand Decisions of the
Section 3. Administrative Orders. - Board of Commissioners of the
Acts of the President which relate Bureau of Immigration. - The
to particular aspect of decision of the Board of
governmental operations in Commissioners which has
pursuance of his duties as jurisdiction over all deportation
administrative head shall be cases shall become final and
promulgated in administrative executory after thirty (30) days
orders. from promulgation, unless within
such period the President shall
Section 4. Proclamations. - Acts of order the contrary.
the President fixing a date or
declaring a status or condition of Section 11. Power over Aliens
public moment or interest, upon under the General Principles of
the existence of which the International Law. - The President
operation of a specific law or shall exercise with respect to aliens
regulation is made to depend, shall in the Philippines such powers as
be promulgated in proclamations are recognized by the generally
which shall have the force of an accepted principles of international
executive order. law.

Section 5. Memorandum Orders. - CHAPTER 4

Acts of the President on matters of
administrative detail or of
subordinate or temporary interest
which only concern a particular
officer or office of the Government
shall be embodied in memorandum
orders.
Section 6. Memorandum
Circulars. - Acts of the President on
matters relating to internal
administration, which the President
desires to bring to the attention of
all or some of the departments,
agencies, bureaus or offices of the
Government, for information or
compliance, shall be embodied in
memorandum circulars.
Section 7. General or Special
Orders. - Acts and commands of
the President in his capacity as
Commander-in-Chief of the Armed
Forces of the Philippines shall be
issued as general or special orders.
POWERS OF EMINENT DOMAIN,
ESCHEAT, LAND RESERVATION
AND RECOVERY OF ILL-GOTTEN
WEALTH
Section 12. Power of Eminent
Domain. - The President shall
determine when it is necessary or
advantageous to exercise the
power of eminent domain in behalf
of the National Government, and
direct the Solicitor General,
whenever he deems the action
advisable, to institute expropriation
proceedings in the proper court.
Section 13. Power to Direct
Escheat or Reversion Proceedings.
- The President shall direct the
Solicitor General to institute
escheat or reversion proceedings
over all lands transferred or
assigned to persons disqualified
under the Constitution to acquire
land.

CHAPTER 3 Section 14. Power to Reserve

POWER OVER ALIENS
Section 8. Power to Deport. - The
President shall have the power to
deport aliens subject to the
requirements of due process.
Section 9. Power to Change Non-
Immigrant Status of Aliens. - The
President, subject to the provisions
of law, shall have the power to
change the status of non-
Lands of the Public and Private
Domain of the Government. -
(1) The President shall have
the power to reserve for
settlement or public use, and
for specific public purposes,
any of the lands of the public
domain, the use of which is
not otherwise directed by
law. The reserved land shall
thereafter remain subject to

19
 ADMINISTRATIVE LAW

the specific public purpose illness, absence or any other

indicated until otherwise cause; or (b) there exists a
provided by law or vacancy;
proclamation;
(2) The person designated
(2) He shall also have the shall receive the
power to reserve from sale compensation attached to
or other disposition and for the position, unless he is
specific public uses or already in the government
purposes, any land service in which case he
belonging to the private shall receive only such
domain of the Government, additional compensation as,
or any of the Friar Lands, the with his existing salary, shall
use of which is not otherwise not exceed the salary
directed by law, and authorized by law for the
thereafter such land shall be position filled. The
used for the purposes compensation hereby
specified by such authorized shall be paid out
proclamation until otherwise of the funds appropriated for
provided by law. the office or agency
concerned.
Section 15. Power over Ill-gotten
Wealth. - The President shall direct (3) In no case shall a
the Solicitor General to institute temporary designation
proceedings to recover properties exceed one (1) year.
unlawfully acquired by public
officials or employees, from them CHAPTER 6
or from their nominees or GENERAL SUPERVISION OVER
transferees. LOCAL GOVERNMENTS

Within the period fixed in, or any Section 18. General Supervision
extension thereof authorized by, Over Local Governments. - The
the Constitution, the President shall President shall exercise general
have the authority to recover ill- supervision over local
gotten properties amassed by the governments.
leaders and supporters of the
previous regime and protect the CHAPTER 7
interest of the people through OTHER POWERS
orders of sequestration or freezing
of assets or accounts. Section 19. Powers Under the
Constitution. - The President shall
CHAPTER 5 exercise such other powers as are
POWER OF APPOINTMENT provided for in the Constitution.

Section 16. Power of Section 20. Residual Powers. -

Appointment. - The President shall Unless Congress provides
exercise the power to appoint such otherwise, the President shall
officials as provided for in the exercise such other powers and
Constitution and laws. functions vested in the President
which are provided for under the
Section 17. Power to Issue laws and which are not specifically
Temporary Designation. - enumerated above, or which are
not delegated by the President in
(1) The President may accordance with law.
temporarily designate an
officer already in the CHAPTER 3
government service or any OFFICE OF THE GOVERNMENT
other competent person to CORPORATE COUNSEL
perform the functions of an
office in the executive Section 10. Office of the
branch, appointment to Government Corporate Counsel. -
which is vested in him by The Office of the Government
law, when: (a) the officer Corporate Counsel (OGCC) shall act
regularly appointed to the as the principal law office of all
office is unable to perform government-owned or controlled
his duties by reason of corporations, their subsidiaries,

20
 ADMINISTRATIVE LAW
other corporate off-springs and
government acquired asset
corporations and shall exercise
control and supervision over all
legal departments or divisions
maintained separately and such
powers and functions as are now or
may hereafter be provided by law.
In the exercise of such control and
supervision, the Government
Corporate Counsel shall
promulgate rules and regulations
to effectively implement the
objectives of the Office.
The OGCC is authorized to receive
the attorney's fees adjudged in
favor of their client government-
owned or controlled corporations,
their subsidiaries/other corporate
offsprings and government
acquired asset corporations. These
attorney's fees shall accrue to a
special fund of the OGCC, and shall
be deposited in an authorized
government depository as a trust
liability and shall be made
available for expenditure without
the need for a Cash Disbursement
Ceiling, for purposes of upgrading
facilities and equipment, granting
of employees' incentive pay and
other benefits, and defraying such
other incentive expenses not
provided for in the General
Appropriations Act as may be
determined by the Government
Corporate Counsel.
CHAPTER 12
OFFICE OF THE SOLICITOR
GENERAL
Section 34. Organizational
Structure. - The Office of the
Solicitor General shall be an
independent and autonomous
office attached to the Department
of Justice.
The Office of the Solicitor General
shall be headed by the Solicitor
General, who is the principal law
officer and legal defender of the
Government. He shall have the
authority and responsibility for the
exercise of the Office's mandate
and for the discharge of its duties
and functions, and shall have
supervision and control over the
Office and its constituent units.
The Solicitor General shall be
assisted by a Legal Staff composed
of fifteen (15) Assistant Solicitors
General, and such number of
Solicitors and Trial Attorneys as
may be necessary to operate the
Office, which shall be divided into
fifteen (15) divisions: Provided,
That the Solicitor General may
assign or transfer the Assistant
Solicitors General, Solicitors or Trial
Attorneys to any of the divisions.
Section 35. Powers and Functions.
- The Office of the Solicitor General
shall represent the Government of
the Philippines, its agencies and
instrumentalities and its officials
and agents in any litigation,
proceeding, investigation or matter
requiring the services of lawyers.
When authorized by the President
or head of the office concerned, it
shall also represent government-
owned or controlled corporations.
The Office of the Solicitor General
shall constitute the law office of the
Government and, as such, shall
discharge duties requiring the
services of lawyers. It shall have
the following specific powers and
functions:
(1) Represent the
Government in the Supreme
Court and the Court of
Appeals in all criminal
proceedings; represent the
Government and its officers
in the Supreme Court, the
Court of Appeals, and all
other courts or tribunals in
all civil actions and special
proceedings in which the
Government or any officer
thereof in his official
capacity is a party.
(2) Investigate, initiate court
action, or in any manner
proceed against any person,
corporation or firm for the
enforcement of any contract,
bond, guarantee, mortgage,
pledge or other collateral
executed in favor of the
Government. Where
proceedings are to be
conducted outside of the
Philippines the Solicitor
General may employ counsel
to assist in the discharge of
the aforementioned
responsibilities.
(3) Appear in any court in
any action involving the
validity of any treaty, law,
executive order or
proclamation, rule or
regulation when in his
21
 ADMINISTRATIVE LAW

judgment his intervention is respective offices, brought

necessary or when before the courts, and
requested by the Court. exercise supervision and
control over such legal
(4) Appear in all proceedings officers with respect to such
involving the acquisition or cases.
loss of Philippine citizenship.
(9) Call on any department,
(5) Represent the bureau, office, agency or
Government in all land instrumentality of the
registration and related Government for such
proceedings. Institute service, assistance and
actions for the reversion to cooperation as may be
the Government of lands of necessary in fulfilling its
the public domain and functions and responsibilities
improvements thereon as and for this purpose enlist
well as lands held in the services of any
violation of the Constitution. government official or
employee in the pursuit of
(6) Prepare, upon request of his tasks.
the President or other proper
officer of the National Departments, bureaus,
Government, rules and agencies, offices,
guidelines for government instrumentalities and
entities governing the corporations to whom the
preparation of contracts, Office of the Solicitor
making of investments, General renders legal
undertaking of transactions, services are authorized to
and drafting of forms or disburse funds from their
other writings needed for sundry operating and other
official use, with the end in funds for the latter Office.
view of facilitating their For this purpose, the
enforcement and insuring Solicitor General and his
that they are entered into or staff are specifically
prepared conformably with authorized to receive
law and for the best allowances as may be
interests of the public. provided by the Government
offices, instrumentalities and
(7) Deputize, whenever in corporations concerned, in
the opinion of the Solicitor addition to their regular
General the public interest compensation.
requires, any provincial or
city fiscal to assist him in the (10) Represent, upon the
performance of any function instructions of the President,
or discharge of any duty the Republic of the
incumbent upon him, within Philippines in international
the jurisdiction of the litigations, negotiations or
aforesaid provincial or city conferences where the legal
fiscal. When so deputized, position of the Republic must
the fiscal shall be under the be defended or presented.
control and supervision of
the Solicitor General with (11) Act and represent the
regard to the conduct of the Republic and/or the people
proceedings assigned to the before any court, tribunal,
fiscal, and he may be body or commission in any
required to render reports or matter, action or proceeding
furnish information which, in his opinion, affects
regarding the assignment. the welfare of the people as
the ends of justice may
(8) Deputize legal officers of require; and
government departments,
bureaus, agencies and (12) Perform such other
offices to assist the Solicitor functions as may be
General and appear or provided by law.
represent the Government in
cases involving their

22
 ADMINISTRATIVE LAW

Section 36. Appointments. - The officio legal adviser of all

Solicitor General shall be appointed government-owned or controlled
by the President and shall have the corporations. His ruling or decision
same qualifications for thereon shall be conclusive and
appointment, rank, prerogatives, binding on all the parties
and privileges as those of the concerned.
Presiding Justice of the Court of
Appeals. Section 68. Disputes Involving
Questions of Fact and Law. - Cases
The Assistant Solicitors General involving mixed questions of law
and the Solicitors shall be and of fact or only factual issues
appointed by the President upon shall be submitted to and settled or
recommendation of the Solicitor adjudicated by:
General. The Trial Attorneys and
administrative personnel in the (1) The Solicitor General, if
Office of the Solicitor General shall the dispute, claim or
be appointed by the Solicitor controversy involves only
General. departments, bureaus,
offices and other agencies of
Section 37. Acting Solicitor the National Government as
General. - In case of absence or well as government-owned
temporary incapacity of the or controlled corporations or
Solicitor General, the President entities of whom he is the
shall designate an Acting Solicitor principal law officer or
General. In case of death, general counsel; and
permanent incapacity, removal or
resignation of the Solicitor General, (2) The Secretary of Justice,
or vacancy thereof, the President in all other cases not falling
shall designate an Acting Solicitor under paragraph (1).
General, who shall act as such until
a new Solicitor General is Section 69. Arbitration. - The
appointed, or appoint a new determination of factual issues
Solicitor General. may be referred to an arbitration
panel composed of one
CHAPTER 14 representative each of the parties
CONTROVERSIES AMONG involved and presided over by a
GOVERNMENT OFFICES AND representative of the Secretary of
CORPORATIONS Justice or the Solicitor General, as
the case may be.
Section 66. How Settled. - All
disputes, claims and controversies, Section 70. Appeals. - The
solely between or among the decision of the Secretary of Justice
departments, bureaus, offices, as well as that of the Solicitor
agencies and instrumentalities of General, when approved by the
the National Government, including Secretary of Justice, shall be final
government-owned or controlled and binding upon the parties
corporations, such as those arising involved. Appeals may, however,
from the interpretation and be taken to the President where
application of statutes, contracts or the amount of the claim or the
agreements, shall be value of the property exceeds one
administratively settled or million pesos. The decision of the
adjudicated in the manner provided President shall be final.
in this Chapter. This Chapter shall,
however, not apply to disputes Section 71. Rules and
involving the Congress, the Regulations. - The Secretary of
Supreme Court, the Constitutional Justice shall promulgate the rules
Commissions, and local and regulations necessary to carry
governments. out the provisions of this Chapter.

Section 67. Disputes Involving

Questions of Law. - All cases
involving only questions of law ADMINISTRATIVE PROCEDURE
shall be submitted to and settled or
adjudicated by the Secretary of CHAPTER 1
Justice as Attorney-General of the GENERAL PROVISIONS
National Government and as ex

23
 ADMINISTRATIVE LAW

Section 1. Scope. - This Book shall formulation, amendment, or

be applicable to all agencies as
defined in the next succeeding
section, except the Congress, the
Judiciary, the Constitutional
Commissions, military
establishments in all matters
relating exclusively to Armed
Forces personnel, the Board of
Pardons and Parole, and state
universities and colleges.
repeal of a rule.
(5) "Contested case" means
any proceeding, including
licensing, in which the legal
rights, duties or privileges
asserted by specific parties
as required by the
Constitution or by law are to
be determined after hearing.

Section 2. Definitions. - As used in (6) "Person" includes an

this Book: individual, partnership,
corporation, association,
(1) "Agency" includes any public or private
department, bureau, office, organization of any
commission, authority or character other than an
officer of the National agency.
Government authorized by
law or executive order to (7) "Party" includes a person
make rules, issue licenses, or agency named or
grant rights or privileges, admitted as a party, or
and adjudicate cases; properly seeking and
research institutions with entitled as of right to be
respect to licensing admitted as a party, in any
functions; government agency proceeding; but
corporations with respect to nothing herein shall be
functions regulating private construed to prevent an
right, privileges, occupation agency from admitting any
or business; and officials in person or agency as a party
the exercise of disciplinary for limited purposes.
power as provided by law.
(8) "Decision" means the
(2) "Rule" means any agency whole or any part of the final
statement of general disposition, not of an
applicability that implements interlocutory character,
or interprets a law, fixes and whether affirmative,
describes the procedures in, negative, or injunctive in
or practice requirements of, form, of an agency in any
an agency, including its matter, including licensing,
regulations. The term rate fixing and granting of
includes memoranda or rights and privileges.
statements concerning the
internal administration or (9) "Adjudication" means an
management of an agency agency process for the
not affecting the rights of, or formulation of a final order.
procedure available to, the
public. (10) "License" includes the
whole or any part of any
(3) "Rate" means any charge agency permit, certificate,
to the public for a service passport, clearance,
open to all and upon the approval, registration,
same terms, including charter, membership,
individual or joint rates, tolls, statutory exemption or other
classifications, or schedules form of permission, or
thereof, as well as regulation of the exercise of
commutation, mileage, a right or privilege.
kilometerage and other
special rates which shall be (11) "Licensing" includes
imposed by law or regulation agency process involving the
to be observed and followed grant, renewal, denial,
by any person. revocation, suspension,
annulment, withdrawal,
(4) "Rule making" means an limitation, amendment,
agency process for the

24
 ADMINISTRATIVE LAW
modification or conditioning
of a license.
(12) "Sanction" includes the
whole or part of a
prohibition, limitation or
other condition affecting the
liberty of any person; the
withholding of relief; the
imposition of penalty or fine;
the destruction, taking,
seizure or withholding of
property; the assessment of
damages, reimbursement,
restitution, compensation,
cost, charges or fees; the
revocation or suspension of
license; or the taking of
other compulsory or
restrictive action.
(13) "Relief" includes the
whole or part of any grant of
money, assistance, license,
authority, privilege,
exemption, exception, or
remedy; recognition of any
claim, right, immunity,
privilege, exemption or
exception; or taking of any
action upon the application
or petition of any person.
(14) "Agency proceeding"
means any agency process
with respect to rule-making,
adjudication and licensing.
1. "Agency action"
includes the whole or
part of every agency
rule, order, license,
sanction, relief or its
equivalent or denial
thereof.
CHAPTER 2
RULES AND REGULATIONS
Section 3. Filing. -
(1) Every agency shall file
with the University of the
Philippines Law Center three
(3) certified copies of every
rule adopted by it. Rules in
force on the date of
effectivity of this Code which
are not filed within three (3)
months from that date shall
not thereafter be the basis of
any sanction against any
party or persons.
(2) The records officer of the
agency, or his equivalent
functionary, shall carry out
the requirements of this
section under pain of
disciplinary action.
(3) A permanent register of
all rules shall be kept by the
issuing agency and shall be
open to public inspection.
Section 4. Effectivity. - In addition
to other rule-making requirements
provided by law not inconsistent
with this Book, each rule shall
become effective fifteen (15) days
from the date of filing as above
provided unless a different date is
fixed by law, or specified in the rule
in cases of imminent danger to
public health, safety and welfare,
the existence of which must be
expressed in a statement
accompanying the rule. The agency
shall take appropriate measures to
make emergency rules known to
persons who may be affected by
them.
Section 5. Publication and
Recording. - The University of the
Philippines Law Center shall:
(1) Publish a quarter bulletin
setting forth the text of rules
filed with it during the
preceding quarter; and
(2) Keep an up-to-date
codification of all rules thus
published and remaining in
effect, together with a
complete index and
appropriate tables.
Section 6. Omission of Some
Rules. -
(1) The University of the
Philippines Law Center may
omit from the bulletin or the
codification any rule if its
publication would be unduly
cumbersome, expensive or
otherwise inexpedient, but
copies of that rule shall be
made available on
application to the agency
which adopted it, and the
bulletin shall contain a
notice stating the general
subject matter of the
omitted rule and new copies
thereof may be obtained.
(2) Every rule establishing
an offense or defining an act
25
 ADMINISTRATIVE LAW
which, pursuant to law, is
punishable as a crime or
subject to a penalty shall in
all cases be published in full
text.
Section 7. Distribution of Bulletin
and Codified Rules. - The University
of the Philippines Law Center shall
furnish one (1) free copy each of
every issue of the bulletin and of
the codified rules or supplements
to the Office of the President,
Congress, all appellate courts and
the National Library. The bulletin
and the codified rules shall be
made available free of charge to
such public officers or agencies as
the Congress may select, and to
other persons at a price sufficient
to cover publication and mailing or
distribution costs.
Section 8. Judicial Notice. - The
court shall take judicial notice of
the certified copy of each rule duly
filed or as published in the bulletin
or the codified rules.
Section 9. Public Participation. -
(1) If not otherwise required
by law, an agency shall, as
far as practicable, publish or
circulate notices of proposed
rules and afford interested
parties the opportunity to
submit their views prior to
the adoption of any rule.
(2) In the fixing of rates, no
rule or final order shall be
valid unless the proposed
rates shall have been
published in a newspaper of
general circulation at least
two (2) weeks before the
first hearing thereon.
(3) In case of opposition, the
rules on contested cases
shall be observed.
CHAPTER
ADJUDICATION
Section 10. Compromise and
Arbitration. - To expedite
administrative proceedings
involving conflicting rights or
claims and obviate expensive
litigations, every agency shall, in
the public interest, encourage
amicable settlement, comprise and
arbitration.
Section 11. Notice and Hearing in
Contested Cases. -
(1) In any contested case all
parties shall be entitled to
notice and hearing. The
notice shall be served at
least five (5) days before the
date of the hearing and shall
state the date, time and
place of the hearing.
(2) The parties shall be given
opportunity to present
evidence and argument on
all issues. If not precluded by
law, informal disposition may
be made of any contested
case by stipulation, agreed
settlement or default.
(3) The agency shall keep an
official record of its
proceedings.
Section 12. Rules of Evidence. - In
a contested case:
(1) The agency may admit
and give probative value to
evidence commonly
accepted by reasonably
prudent men in the conduct
of their affairs.
(2) Documentary evidence
may be received in the form
of copies or excerpts, if the
original is not readily
available. Upon request, the
parties shall be given
opportunity to compare the
copy with the original. If the
original is in the official
custody of a public officer, a
certified copy thereof may
be accepted.
(3) Every party shall have
the right to cross-examine
witnesses presented against
him and to submit rebuttal
evidence.
3
(4) The agency may take
notice of judicially
cognizable facts and of
generally cognizable
technical or scientific facts
within its specialized
knowledge. The parties shall
be notified and afforded an
opportunity to contest the
facts so noticed.
26
 ADMINISTRATIVE LAW
Section 13. Subpoena. - In any
contested case, the agency shall
have the power to require the
attendance of witnesses or the
production of books, papers,
documents and other pertinent
data, upon request of any party
before or during the hearing upon
showing of general relevance.
Unless otherwise provided by law,
the agency may, in case of
disobedience, invoke the aid of the
Regional Trial Court within whose
jurisdiction the contested case
being heard falls. The Court may
punish contumacy or refusal as
contempt.
Section 14. Decision. - Every
decision rendered by the agency in
a contested case shall be in writing
and shall state clearly and
distinctly the facts and the law on
which it is based. The agency shall
decide each case within thirty (30)
days following its submission. The
parties shall be notified of the
decision personally or by registered
mail addressed to their counsel of
record, if any, or to them.
Section 15. Finality of Order. - The
decision of the agency shall
become final and executory fifteen
(15) days after the receipt of a
copy thereof by the party adversely
affected unless within that period
an administrative appeal or judicial
review, if proper, has been
perfected. One motion for
reconsideration may be filed, which
shall suspend the running of the
said period.
Section 16. Publication and
Compilation of Decisions. -
(1) Every agency shall
publish and make available
for public inspection all
decisions or final orders in
the adjudication of contested
cases.
(2) It shall be the duty of the
records officer of the agency
or his equivalent functionary
to prepare a register or
compilation of those
decisions or final orders for
use by the public.
Section 17. Licensing Procedure. -
(1) When the grant, renewal,
denial or cancellation of a
license is required to be
preceded by notice and
hearing, the provisions
concerning contested cases
shall apply insofar as
practicable.
(2) Except in cases of willful
violation of pertinent laws,
rules and regulations or
when public security, health,
or safety require otherwise,
no license may be
withdrawn, suspended,
revoked or annulled without
notice and hearing.
Section 18. Non-expiration of
License. - Where the licensee has
made timely and sufficient
application for the renewal of a
license with reference to any
activity of a continuing nature, the
existing license shall not expire
until the application shall have
been finally determined by the
agency.
CHAPTER 4
ADMINISTRATIVE APPEAL IN
CONTESTED CASES
Section 19. Appeal. - Unless
otherwise provided by law or
executive order, an appeal from a
final decision of the agency may be
taken to the Department head.
Section 20. Perfection of
Administrative Appeals. -
(1) Administrative appeals
under this Chapter shall be
perfected within fifteen (15)
days after receipt of a copy
of the decision complained
of by the party adversely
affected, by filing with the
agency which adjudicated
the case a notice of appeal,
serving copies thereof upon
the prevailing party and the
appellate agency, and
paying the required fees.
(2) If a motion for
reconsideration is denied,
the movant shall have the
right to perfect his appeal
during the remainder of the
period for appeal, reckoned
from receipt of the resolution
of denial. If the decision is
reversed on reconsideration,
the aggrieved party shall
have fifteen (15) days from
27
 ADMINISTRATIVE LAW
receipt of the resolution of
reversal within which to
perfect his appeal.
(3) The agency shall, upon
perfection of the appeal,
transmit the records of the
case to the appellate
agency.
Section 21. Effect of Appeal. - The
appeal shall stay the decision
appealed from unless otherwise
provided by law, or the appellate
agency directs execution pending
appeal, as it may deem just,
considering the nature and
circumstances of the case.
Section 22. Action on Appeal. -
The appellate agency shall review
the records of the proceedings and
may, on its own initiative or upon
motion, receive additional
evidence.
Section 23. Finality of Decision of
Appellate Agency. - In any
contested case, the decision of the
appellate agency shall become
final and executory fifteen (15)
days after the receipt by the
parties of a copy thereof.
Section 24. Hearing Officers. -
(1) Each agency shall have
such number of qualified and
competent members of the
base as hearing officers as
may be necessary for the
hearing and adjudication of
contested cases.
(2) No hearing officer shall
engaged in the performance
of prosecuting functions in
any contested case or any
factually related case.
Section 25. Judicial Review. -
(1) Agency decisions shall be
subject to judicial review in
accordance with this chapter
and applicable laws.
(2) Any party aggrieved or
adversely affected by an
agency decision may seek
judicial review.
(3) The action for judicial
review may be brought
against the agency, or its
officers, and all
indispensable and necessary
parties as defined in the
Rules of Court.
(4) Appeal from an agency
decision shall be perfected
by filing with the agency
within fifteen (15) days from
receipt of a copy thereof a
notice of appeal, and with
the reviewing court a
petition for review of the
order. Copies of the petition
shall be served upon the
agency and all parties of
record. The petition shall
contain a concise statement
of the issues involved and
the grounds relied upon for
the review, and shall be
accompanied with a true
copy of the order appealed
from, together with copies of
such material portions of the
records as are referred to
therein and other supporting
papers. The petition shall be
under oath and shall how, by
stating the specific material
dates, that it was filed within
the period fixed in this
chapter.
(5) The petition for review
shall be perfected within
fifteen (15) days from
receipt of the final
administrative decision. One
(1) motion for
reconsideration may be
allowed. If the motion is
denied, the movant shall
perfect his appeal during the
remaining period for appeal
reckoned from receipt of the
resolution of denial. If the
decision is reversed on
reconsideration, the
appellant shall have fifteen
(15) days from receipt of the
resolution to perfect his
appeal.
(6) The review proceeding
shall be filed in the court
specified by statute or, in
the absence thereof, in any
court of competent
jurisdiction in accordance
with the provisions on venue
of the Rules of Court.
(7) Review shall be made on
the basis of the record taken
as a whole. The findings of
fact of the agency when
supported by substantial
28
 ADMINISTRATIVE LAW

evidence shall be final the hope or

except when specifically expectation of
provided otherwise by law. receiving favor or
better treatment than
Section 26. Transmittal of Record. that accorded other
- Within fifteen (15) days from the persons, or
service of the petition for review, committing acts
the agency shall transmit to the punishable under the
court the original or a certified anti-graft laws;
copy of the entire records of the
proceeding under review. The (10) Conviction of a
record to be transmitted may be crime involving moral
abridged by agreement of all turpitude;
parties to the proceedings. The
court may require or permit (11) Improper or
subsequent correction or additions unauthorized
to the record. solicitation of
contributions from
CSC subordinate
employees and by
Section 46. Discipline: General teachers or school
Provisions. - officials from school
children;
(a) No officer or employee in
the Civil Service shall be (12) Violation of
suspended or dismissed existing Civil Service
except for cause as provided Law and rules or
by law and after due reasonable office
process. regulations;

(b) The following shall be (13) Falsification of

grounds for disciplinary official document;
action:
(14) Frequent
(1) Dishonesty; unauthorized
absences or tardiness
(2) Oppression; in reporting for duty,
loafing or frequently
(3) Neglect of duty; unauthorized absence
from duty during
(4) Misconduct; regular office hours;

(5) Disgraceful and (15) Habitual

immoral conduct; drunkenness;

(6) Being notoriously (16) Gambling

undesirable; prohibited by law;

(7) Discourtesy in the (17) Refusal to

course of official perform official duty
duties; or render overtime
service;
(8) Inefficiency and
incompetence in the (18) Disgraceful,
performance of official immoral or dishonest
duties; conduct prior to
entering the service;
(9) Receiving for
personal use of a fee, (19) Physical or
gift or other valuable mental incapacity or
thing in the course of disability due to
official duties or in immoral or vicious
connection therewith habits;
when such fee, gift, or
other valuable thing is (20) Borrowing money
given by any person in by superior officers

29
 ADMINISTRATIVE LAW

from subordinates or complaint against a civil

lending by service official or employee
subordinates to shall be given due course
superior officers; unless the same is in writing
and subscribed and sworn to
(21) Lending money at by the complainant.
usurious rates or
interest; (d) In meeting out
punishment, the same
(22) Willful failure to penalties shall be imposed
pay just debts or for similar offenses and only
willful failure to pay one penalty shall be
taxes due to the imposed in each case. The
government; disciplining authority may
impose the penalty of
(23) Contracting loans removal from the service,
of money or other demotion in rank,
property from persons suspension for not more
with whom the office than one year without pay,
of the employee fine in an amount not
concerned has exceeding six months'
business relations; salary, or reprimand.

(24) Pursuit of private Section 47. Disciplinary

business, vocation or Jurisdiction. -
profession without the
permission required (1) The Commission shall
by Civil Service rules decide upon appeal all
and regulations; administrative disciplinary
cases involving the
(25) Insubordination; imposition of a penalty of
suspension for more than
(26) Engaging directly thirty days, or fine in an
or indirectly in amount exceeding thirty
partisan political days' salary, demotion in
activities by one rank or salary or transfer,
holding a non-political removal or dismissal from
office; office. A complaint may be
filed directly with the
(27) Conduct Commission by a private
prejudicial to the best citizen against a government
interest of the service; official or employee in which
case it may hear and decide
the case or it may deputize
(28) Lobbying for
any department or agency or
personal interest or
official or group of officials to
gain in legislative halls
conduct the investigation.
and offices without
The results of the
authority;
investigation shall be
submitted to the
(29) Promoting the
Commission with
sale of tickets in
recommendation as to the
behalf of private
penalty to be imposed or
enterprises that are
other action to be taken.
not intended for
charitable or public
(2) The Secretaries and
welfare purposes and
heads of agencies and
even in the latter
instrumentalities, provinces,
cases if there is no
cities and municipalities
prior authority;
shall have jurisdiction to
investigate and decide
(30) Nepotism as
matters involving
defined in Section 60
disciplinary action against
of this Title.
officers and employees
under their jurisdiction. Their
(c) Except when initiated by decisions shall be final in
the disciplining authority, no case the penalty imposed is

30
 ADMINISTRATIVE LAW

suspension for not more documentary evidence. If on

than thirty days or fine in an the basis of such papers a
amount not exceeding thirty prima facie case is found not
days', salary. In case the to exist, the disciplining
decision rendered by a authority shall dismiss the
bureau or office head is case. If a prima facie case
appealable to the exists, he shall notify the
Commission, the same may respondent in writing, of the
be initially appealed to the charges against the latter, to
department and finally to which shall be attached
the Commission and pending copies of the complaint,
appeal, the same shall be sworn statements and other
executory except when the documents submitted, and
penalty is removal, in which the respondent shall be
case the same shall be allowed not less than
executory only after seventy-two hours after
confirmation by the receipt of the complaint to
Secretary concerned. answer the charges in
writing under oath, together
(3) An investigation may be with supporting sworn
entrusted to regional statements and documents,
director or similar officials in which he shall indicate
who shall make the whether or not he elects a
necessary report and formal investigation if his
recommendation to the chief answer is not considered
of bureau or office or satisfactory. If the answer is
department within the found satisfactory, the
period specified in Paragraph disciplining authority shall
(4) of the following Section. dismiss the case.

(4) An appeal shall not stop (3) Although a respondent

the decision from being does not request a formal
executory, and in case the investigation, one shall
penalty is suspension or nevertheless be conducted
removal, the respondent when from the allegations of
shall be considered as the complaint and the
having been under answer of the respondent,
preventive suspension including the supporting
during the pendency of the documents, the merits of the
appeal in the event he wins case cannot be decided
an appeal. judiciously without
conducting such an
Section 48. Procedure in investigation.
Administrative Cases Against Non-
Presidential Appointees. - (4) The investigation shall be
held not earlier than five
(1) Administrative days nor later than ten days
proceedings may be from the date of receipt of
commenced against a respondent's answer by the
subordinate officer or disciplining authority, and
employee by the Secretary shall be finished within thirty
or head of office of days from the filing of the
equivalent rank, or head of charges, unless the period is
local government, or chiefs extended by the Commission
of agencies, or regional in meritorious cases. The
directors, or upon sworn, decision shall be rendered
written complaint of any by the disciplining authority
other person. within thirty days from the
termination of the
(2) In the case of a investigation or submission
complaint filed by any other of the report of the
persons, the complainant investigator, which report
shall submit sworn shall be submitted within
statements covering his fifteen days from the
testimony and those of his conclusion of the
witnesses together with his investigation.

31
 ADMINISTRATIVE LAW

(5) The direct evidence for appellate authority within

the complainant and the fifteen days from filing of the
respondent shall consist of notice of appeal, with its
the sworn statement and comment, if any. The notice
documents submitted in of appeal shall specifically
support of the complaint or state the date of the
answer, as the case may be, decision appealed from and
without prejudice to the the date of receipt thereof. It
presentation of additional shall also specifically set
evidence deemed necessary forth clearly the grounds
but was unavailable at the relied upon for excepting
time of the filing of the from the decision.
complaint or answer, upon
which the cross-examination, (2) A petition for
by respondent and the reconsideration shall be
complainant, respectively, based only on any of the
shall be based. Following following grounds: (a) new
cross-examination, there evidence has been
may be redirect and recross- discovered which materially
examination. affects the decision
rendered; (b) the decision is
(6) Either party may avail not supported by the
himself of the services of evidence on record; or (c)
counsel and may require the error of law or irregularities
attendance of witnesses and have been committed which
the production of are prejudicial to the interest
documentary evidence in his of the respondent: Provided,
favor through the That only one petition for
compulsory process of reconsideration shall be
subpoena or subpoena entertained.
duces tecum.
Section 50. Summary
(7) The investigation shall be Proceedings. - No formal
conducted only for the investigation is necessary and the
purpose of ascertaining the respondent may be immediately
truth and without necessarily removed or dismissed if any of the
adhering to technical rules following circumstances is present:
applicable in judicial
proceedings. It shall be (1) When the charge is
conducted by the disciplining serious and the evidence of
authority concerned or his guilt is strong;
authorized representative.
(2) When the respondent is a
The phrase "any other party" recidivist or has been
shall be understood to be a repeatedly charged and
complainant other than there is reasonable ground
those referred to in to believe that he is guilty of
subsection (a) hereof. the present charge; and

Section 49. Appeals. - ] (3) When the respondent is

notoriously undesirable.
(1) Appeals, where
allowable, shall be made by Resort to summary
the party adversely affected proceedings by the
by the decision within fifteen disciplining authority shall be
days from receipt of the done with utmost objectivity
decision unless a petition for and impartiality to the end
reconsideration is that no injustice is
seasonably filed, which committed: Provided, That
petition shall be decided removal or dismissal except
within fifteen days. Notice of those by the President,
the appeal shall be filed with himself or upon his order,
the disciplining office, which may be appealed to the
shall forward the records of Commission.
the case, together with the
notice of appeal, to the

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 ADMINISTRATIVE LAW

Section 51. Preventive office in the Government or

Suspension. - The proper any government-owned or
disciplining authority may controlled corporations or in
preventively suspend any any of its subsidiaries.
subordinate officer or employee
under his authority pending an (3) Unless otherwise allowed
investigation, if the charge against by law or by the primary
such officer or employee involves functions of his position, no
dishonesty, oppression or grave appointive official shall hold
misconduct, or neglect in the any other office or
performance of duty, or if there are employment in the
reasons to believe that the Government or any
respondent is guilty of charges subdivision, agency or
which would warrant his removal instrumentality thereof,
from the service. including government-owned
or controlled corporations or
Section 52. Lifting of Preventive their subsidiaries.
Suspension Pending Administrative
Investigation. - When the Section 55. Political Activity. - No
administrative case against the officer or employee in the Civil
officer or employee under Service including members of the
preventive suspension is not finally Armed Forces, shall engage
decided by the disciplining directly or indirectly in any partisan
authority within the period of political activity or take part in any
ninety (90) days after the date of election except to vote nor shall he
suspension of the respondent who use his official authority or
is not a presidential appointee, the influence to coerce the political
respondent shall be automatically activity of any other person or
reinstated in the service: Provided, body. Nothing herein provided shall
That when the delay in the be understood to prevent any
disposition of the case is due to the officer or employee from
fault, negligence or petition of the expressing his views on current
respondent, the period of delay political problems or issues, or from
shall not be counted in computing mentioning the names of
the period of suspension herein candidates for public office whom
provided. he supports: Provided, That public
officers and employees holding
Section 53. Removal of political offices may take part in
Administrative Penalties or political and electoral activities but
Disabilities. - In meritorious cases it shall be unlawful for them to
and upon recommendation of the solicit contributions from their
Commission, the President may subordinates or subject them to
commute or remove administrative any of the acts involving
penalties or disabilities imposed subordinates prohibited in the
upon officers or employees in Election Code.
disciplinary cases, subject to such
terms and conditions as he may Section 56. Additional or Double
impose in the interest of the Compensation. - No elective or
service. appointive public officer or
employee shall receive additional
CHAPTER 7 or double compensation unless
PROHIBITIONS specifically authorized by law nor
accept without the consent of the
Section 54. Limitation on President, any present,
Appointment. - emolument, office, or title of any
kind from any foreign state.
(1) No elective official shall
be eligible for appointment Pensions and gratuities shall not be
or designation in any considered as additional, double, or
capacity to any public office indirect compensation.
or position during his tenure.
Section 57. Limitations on
(2) No candidate who has Employment of Laborers. -
lost in any election shall, Laborers, whether skilled, semi-
within one year after skilled or unskilled, shall not be
election, be appointed to any assigned to perform clerical duties.

33
 ADMINISTRATIVE LAW
Section 58. Prohibition on Detail
or Reassignment. - No detail or
reassignment whatever shall be
made within three (3) months
before any election.
Section 59. Nepotism. -
(1) All appointments in the
national, provincial, city and
municipal governments or in
any branch or
instrumentality thereof,
including government-owned
or controlled corporations,
made in favor of a relative of
the appointing or
recommending authority, or
of the chief of the bureau or
office, or of the persons
exercising immediate
supervision over him, are
hereby prohibited.
As used in this Section, the
word "relative" and
members of the family
referred to are those related
within the third degree
either or consanguinity or of
affinity.
(2) The following are
exempted from the
operation of the rules on
nepotism: (a) persons
employed in a confidential
capacity, (b) teachers, (c)
physicians, and (d) members
of the Armed Forces of the
Philippines: Provided,
however, That in each
particular instance full report
of such appointment shall be
made to the Commission.
The restriction mentioned in
subsection (1) shall not be
applicable to the case of a
member of any family who,
after his or her appointment
to any position in an office or
bureau, contracts marriage
with someone in the same
office or bureau, in which
event the employment or
retention therein of both
husband and wife may be
allowed.
(3) In order to give
immediate effect to these
provisions, cases of previous
appointments which are in
contravention hereof shall
be corrected by transfer, and
pending such transfer, no
promotion or salary increase
shall be allowed in favor of
the relative or relatives who
are appointed in violation of
these provisions.
CHAPTER 6
RIGHT TO SELF-ORGANIZATION
Section 38. Coverage. -
(1) All government
employees, including those
in government-owned or
controlled corporations with
original charters, can form,
join or assist employees'
organizations of their own
choosing for the furtherance
and protection of their
interests. They can also
form, in conjunction with
appropriate government
authorities, labor-
management committees,
work councils and other
forms of workers'
participation schemes to
achieve the same objectives.
(2) The provisions of this
Chapter shall not apply to
the members of the Armed
Forces of the Philippines,
including police officers,
policemen, firemen and jail
guards.
Section 39. Ineligibility of High-
Level Employees to Join Rank-and-
File Employees' Organization. -
High-level employees whose
functions are normally considered
as policy-making or managerial or
whose duties are of a highly
confidential nature shall not be
eligible to join the organization of
rank-and-file government
employees.
Section 40. Protection of the
Right to Organize. -
(1) Government employees
shall not be discriminated
against in respect of their
employment by reason of
their membership in
employees' organizations or
participation in the normal
activities of their
organizations. Their
employment shall not be
subject to the condition that
they shall not join or shall
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 ADMINISTRATIVE LAW

relinquish their membership majority of the employees in

in the employees' the appropriate
organizations. organizational unit shall be
designated as the sole and
(2) Government authorities exclusive representative of
shall not interfere in the the employees.
establishment, functioning or
administration of (2) A duly registered
government employees' employees' organization
organizations through acts shall be accorded voluntary
designed to place such recognition upon a showing
organizations under the that no other employees'
control of government organization is registered or
authority. lawphi1.net is seeking registration,
based on the records of the
Section 41. Registration of Bureau of Labor Relations,
Employees' Organization. - and that the said
Government employees' organization has the
organizations shall register with majority support of the rank-
the Civil Service Commission and and-file employees in the
the Department of Labor and organizational unit.
Employment. The application shall
be filed with the Bureau of Labor (3) Where there are two or
Relations of the Department which more duly registered
shall process the same in employees' organizations in
accordance with the provisions of the appropriate
the Labor Code of the Philippines. organizational unit, the
Applications may also be filed with Bureau of Labor Relations
the Regional Offices of the shall, upon petition, order
Department of Labor and the conduct of a certification
Employment which shall election and shall certify the
immediately transmit the said winner as the exclusive
applications to the Bureau of Labor representative of the rank-
Relations within three (3) days and-file employees in said
from receipt thereof. organizational unit.

Section 42. Certificate of Section 45. The Public Sector

Registration. - Upon arrival of the Labor-Management Council. - A
application, a registration Public Sector Labor-Management
certificate shall be issued to the Council is hereby constituted to be
organization recognizing it as a composed of the following: The
legitimate employees' organization Chairman of the Civil Service
with the right to represent its Commission, as Chairman; the
members and undertake activities Secretary of Labor and
to further and defend its interests. Employment, as Vice-Chairman;
The corresponding certificates of and the Secretary of Finance, the
registration shall be jointly Secretary of Justice and the
approved by the Chairman of the Secretary of Budget and
Civil Service Commission and the Management, as members.
Secretary of Labor and
Employment. The Council shall implement and
administer the provisions of this
Section 43. Appropriate Chapter. For this purpose, the
Organizational Unit. - The Council shall promulgate the
appropriate organizational unit necessary rules and regulations to
shall be the employer's unit implement this Chapter.
consisting of rank-and-file
employees unless circumstances Subtitle A
otherwise require.
Commission on Human Rights
Section 44. Sole and Exclusive
Employees' Representatives. - Section 1. Composition and
Qualification. - The Commission on
(1) The duly registered Human Rights shall be composed
employees' organization of a Chairman and four (4)
having the support of the Members who must be natural-born

35
 ADMINISTRATIVE LAW
citizens of the Philippines and, at
the time of their appointment, at
least thirty-five years of age, and
must not have been candidates for
any elective position in the
elections immediately preceding
their appointment. However, a
majority thereof shall be members
of the Philippine Bar.
Section 2. Powers and Functions. -
The Commission on Human Rights
shall:
(1) Investigate, on its own or
on complaint by any party,
all forms of human rights
violations involving civil and
political rights;
(2) Adopt its operational
guidelines and rules of
procedure, and cite for
contempt violations thereof
in accordance with the Rules
of Court;
(3) Provide appropriate legal
measures for the protection
of human rights of all
persons within the
Philippines, as well as
Filipinos residing abroad,
and provide for preventive
measures and legal aid
services to the under-
privileged whose human
rights have been violated or
need protection;
(4) Exercise visitorial powers
over jails prisons, or
detention facilities;
(5) Establish a continuing
program of research,
education and information to
enhance respect for the
primacy of human rights;
(6) Recommend to the
Congress effective measures
to promote human rights
and to provide for
compensation to victims of
violations of human rights,
or their families;
(7) Monitor the Philippine
Government's compliance
with international treaty
obligations on human rights;
(8) Grant immunity from
prosecution to any person
whose testimony or whose
possession of documents or
other evidence is necessary
or convenient to determine
the truth in any investigation
conducted by it or under its
authority;
(9) Request the assistance of
any department, bureau,
office, or agency in the
performance of its functions;
(10) Appoint its officers and
employees in accordance
with law; and
(11) Perform such other
duties and functions as may
be provided by law.
Section 3. Inhibitions Against
Commissioners. - The Chairman
and the Members of the
Commission on Human Rights shall
not, during their tenure, hold any
other office or employment.
Neither shall they engage in the
practice of any profession or in the
active management or control of
any business which in any way will
be affected by the functions of
their office, nor shall they be
financially interested, directly or
indirectly, in any contract with, or
in any franchise or privilege
granted by the government, any of
its subdivisions, agencies, or
instrumentalities, including
government-owned or controlled
corporations or their subsidiaries.
Section 4. Term of Office. - The
Chairman and the Members of the
Commission on Human Rights shall
be appointed by the President for a
term of seven years without
reappointment. Appointment to
any vacancy shall be only for the
unexpired term of the predecessor.
Section 5. Compensation. - The
Chairman and the Members of the
Commission on Human Rights shall
receive the same salary as the
Chairman and Members,
respectively, of the Constitutional
Commissions, which shall not be
decreased during their term of
office.
Section 6. Annual Appropriations.
- The approved annual
appropriations of the Commission
on Human Rights shall be
automatically and regularly
released.
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 ADMINISTRATIVE LAW

Subtitle B appropriate case, and

subject to such limitations as
Office of the Ombudsman may be provided by law, to
furnish it with copies of
Section 1. Composition. - documents relating to
contracts or transactions
(1) The Office of the entered into by his office
Ombudsman shall be headed involving the disbursement
by the Ombudsman, to be or use of public funds or
known as the Tanod-bayan, properties, and report any
who shall be assisted by one irregularity to the
overall Deputy and at least Commission on Audit for
by one Deputy each for appropriate action;
Luzon, Visayas and
Mindanao. A separate (5) Request any government
Deputy for the military agency for assistance and
establishment may likewise information necessary in the
be appointed. discharge of its
responsibilities, and to
(2) It shall have such other examine, if necessary,
officials and employees, to pertinent records and
be appointed by the documents;
Ombudsman according to
the Civil Service Law. (6) Publicize matters covered
by its investigation when
Section 2. Powers and Functions. - circumstances so warrant
The Office of the Ombudsman and with due prudence;
shall:
(7) Determine the causes of
(1) Investigate on its own, or inefficiency; red tape,
on complaint by any person, mismanagement, fraud, and
any act or omission of any corruption in the
public official, employee, Government and make
office or agency, when such recommendations for their
act or omission appears to elimination and the
be illegal, unjust, improper, observance of high
or inefficient; standards of ethics and
efficiency;
(2) Direct, upon complaint or
at its own instance, any (8) Promulgate its rules of
public official or employee of procedure and exercise such
the Government, or any other powers or perform
subdivision, agency or such functions or duties as
instrumentality thereof, as may be provided by law.
well as of any government-
owned or controlled THE MANDATE OF THE
corporation with original DEPARTMENT OF JUSTICE
charter, to perform and
expedite any act or duty The Department of Justice (DOJ)
required by law, or to stop, derives its mandate primarily from
prevent, and correct any the Administrative Code of 1987
abuse or impropriety in the (Executive Order No. 292). It
performance of duties; carries out this mandate through
the Department Proper and the
(3) Direct the officer Department’s attached agencies
concerned to take under the direct control and
appropriate action against a supervision of the Secretary of
public official or employee at Justice.
fault, and recommend his
removal, suspension, Under EO 292, the DOJ is the
demotion, fine, censure, or government’s principal law agency.
prosecution, and ensure As such, the DOJ serves as the
compliance therewith; government’s prosecution arm and
administers the government’s
(4) Direct the officer criminal justice system by
concerned, in any investigating crimes, prosecuting

37
 ADMINISTRATIVE LAW
offenders and overseeing the
correctional system. The DOJ,
through its attached offices, is also
the government’s legal counsel
and representative in litigations
and proceedings requiring the
services of a lawyer; implements
the Philippines’ laws on the
admission and stay of aliens within
its territory; provides free legal
services to indigent Filipinos; and
settles land disputes between and
among small landowners and
indigenous cultural minorities.
ADMINISTRATION OF THE
CRIMINAL JUSTICE SYSTEM. The
DOJ investigates the commission of
crimes and prosecutes offenders
through the National Bureau of
Investigation (NBI) and the
National Prosecution Service
(NPS), respectively. Likewise, the
DOJ administers the probation and
correction system of the country
through the Bureau of
Corrections (BuCor), the Board
of Pardons and Parole (BPP)
and the Parole and Probation
Administration (PPA).
LEGAL COUNSEL OF
GOVERNMENT. The DOJ, through
the Office of the Solicitor
General (OSG) and the Office of
the Government Corporate
Counsel (OGCC), acts as the legal
representative of the Government
of the Philippines, its agencies and
instrumentalities including
government owned and controlled
corporations and their subsidiaries,
officials and agents in any
proceeding, investigation or matter
requiring the services of a lawyer.
EO 292 specifically designates the
Secretary as Attorney-General and
ex-officio legal adviser of
government-owned or controlled
corporations (GOCC) and their
subsidiaries. The Secretary
exercises administrative
adjudicatory powers over all
controversies between/among
government agencies, including
government owned and controlled
corporations including their
subsidiaries. This power of
adjudication of the Secretary
originally stemmed from
Presidential Decree No. 242,
and is now embodied in Sections
66 to 71, Chapter 14, Book IV
of E.O. 292.
He is likewise empowered to act on
all queries and/or requests for legal
advice and guidance from private
parties and other officials and
employees of the government.
REGULATION OF IMMIGRATION.
The DOJ provides immigration and
naturalization regulatory services
and implements the laws governing
citizenship and the admission and
stay of aliens through the Bureau
of Immigration (BI). Also, under
Administrative Order No. 142
dated August 23, 1994, the
Secretary or his duly-authorized
representative is authorized to act
on immigration matters, including
waiver of visas and admission of
aliens, except deportation matters.
Likewise, the DOJ, through the DOJ
Refugee Processing Unit (DOJ-
RPU), processes applications for
refugee status of persons pursuant
to the obligations of the Philippines
as signatory to the 1951
Convention and 1967 Protocol
relating to the Status of Refugees.
INTERNATIONAL COOPERATION.
The DOJ is the central authority of
the Republic of the Philippines
relative to extradition and mutual
legal assistance treaties (MLAT) on
criminal matters and is involved in
several aspects of international
cooperation such as the drafting
and implementation of legislation
and agreements as well as the
negotiation of extradition and
MLAT. Moreover, under Philippine
Extradition Law (P.D. 1069), the
DOJ handles requests for
extradition and/or mutual legal
assistance and represents treaty
partners in Philippine courts.
The Department is also involved in
the negotiation of various
investment and trade agreements
with other foreign countries. The
Secretary is also the ex-officio Co-
Vice Chairman of the Commission
on Maritime and Ocean Affairs
(CMOA) pursuant to EO 612 and
EO 612-A (2007), which is
involved in the identification of the
Philippine baselines and in the
preparation of the submission to
the United Nations of the country’s
claim for extended continental
shelf.
PROVISION OF FREE LEGAL
ASSISTANCE. The DOJ provides
free legal
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 ADMINISTRATIVE LAW

assistance/representation to prosecution of persons

indigents and poor litigants in accused of human trafficking
criminal, civil, and labor cases, and for that purpose,
administrative and other quasi- created the Inter-Agency
judicial proceedings and non- Council on Trafficking
commercial disputes through the (IACAT), of which the
Public Attorney’s Office (PAO). Secretary is Chairman.

SETTLEMENT OF LAND • The Comprehensive

DISPUTES The DOJ is tasked to Dangerous Drugs Act of
investigate, conciliate, and settle 2002 (RA 9165), which
land disputes involving small created the Dangerous
landowners and members of Drugs Board to see to
indigenous cultural communities policy-making and strategy-
through the Commission on the formulation on drug
Settlement of Land Problems prevention and control and
(COSLAP). designated the Secretary or
his representative as ex-
With regard to conciliation and officio member of such
mediation, the Alternative Board.
Dispute Resolution Act of 2004
(RA 9285) created the Office for • The Anti-Money
Alternative Dispute Resolution Laundering Act of 2001
(OADR), which is an agency (R.A. 9160), which created
attached to the DOJ and which is the Anti-Money
tasked to promote, develop and Laundering Council
expand the use of alternative (AMLC) to which the DOJ is
dispute resolution in civil and a support agency through
commercial disputes. the investigation of money
laundering offenses and the
DOJ FUNCTIONS UNDER OTHER prosecution of offenders.
LAWS. In addition to performing its With the DOJ Anti-Money
mandate under E.O. 292, the Laundering Desk (DOJ-
Department is significantly AMLD), the DOJ works in
involved in the implementation of close coordination with the
the following penal, national AMLC in its task of
security, and social welfare laws: combating money
laundering and financing of
• The Human Security Act terrorism.
of 2007 (RA 9372) which
created the and designated • The Witness Protection,
the Secretary as ex-officio Security and Benefit Act
member thereof. Relative to (R.A. 6981), which
this and under EO 292, the mandates the DOJ to
Secretary is also an ex- formulate and implement a
officio member of the Witness Protection, Security
National Security Council and Benefit Program for the
(NSC), which advises the admission and protection of
President with respect to the witnesses.
integration of domestic,
foreign, military, political, • The Anti-Violence Against
economic, social, and Women and Their
educational policies relating Children Act of 2004 (RA
to national security. 9262), which designated the
Department as a member
• The Juvenile Justice and agency of the Inter-Agency
Welfare Act of 2006 (R.A. Council on Violence
9344) which created the Against Women and their
Juvenile Justice and Children (IACVAWC), the
Welfare Council (JJWC) monitoring body of
and which attached said government initiatives to
council to the DOJ for counter violence against
administrative supervision. women and children.

• The Anti-Trafficking in • The Rape Victim

Persons Act of 2003 (R.A. Assistance and Protection
9208), which mandates the Act of 1998 (RA 8505),

39
 ADMINISTRATIVE LAW

which mandated the DOJ to Secretary appellate

participate in inter-agency jurisdiction over the
efforts to establish Rape constitutionality or legality of
Crisis Centers in every city municipal tax ordinances
or province for the purpose and revenue measures;
of rendering assistance to
rape victims. • Executive Order 643
(2007) which vests the DOJ
• Administrative Order 211 with administrative
(2007), which designated supervision over the
the DOJ as a member agency Presidential Commission
of the Task Force Against on Good Government
Political Violence tasked to (PCGG)
undertake the prevention,
investigation, prosecution .
and punishment of political
violence. The Secretary is also an ex-officio
member of the Judicial and Bar
• Executive Order 180 Council (JBC), [Section 8(1),
(1987), which created the Article VIII of the 1987
Public Sector Labor Constitution], the Committee on
Management Council, of Privatization [AO 48 (1987)],
which the Secretary is a and the National Water
member, to provide Resources Board (NWRB) (EO
guidelines for the exercise of 123, series of 2002). He is also
the right of government an ex-officio director of the Power
employees to organize. Sector Assets and Liabilities
Management (PSALM)
• The Special Protection of Corporation (RA 9136,
Children Against Abuse, otherwise known as Electric
Exploitation, and Power Industry Reform Act of
Discrimination Act (RA 2001). Under EO 648, series of
7610). Pursuant to the said 1981, an undersecretary of the
law, Executive Order 275 DOJ is designated as an ex-officio
(1995) designated the Commissioner of the Housing and
Secretary as the Chairman of Land Use Regulatory Board
the Special Committee for (HLURB).
the Protection of
Children.

Other tasks falling within the

multifarious duties of the executive
branch to administer the laws
devolve upon the Department
through the Secretary, to wit:

• The Anti-Dummy Law

(Commonwealth No. 108),
as amended by
Presidential Decree 715,
whereby the Secretary is
empowered to authorize the
employment of aliens as
technical personnel in the
management of a franchise,
business or enterprise
expressly reserved by law to
Filipino citizens or
corporations or associations
whose equity at least 60% of
which is owned by Filipinos;
• The Local Government
Code (Section 187 of RA
7160) which vests in the
Cardinal rights; administrative
proceedings. The first of the enumerated
rights pertain to the substantive rights of
a party at hearing stage of the
proceedings. The essence of this aspect
of due process is simply the opportunity
to be heard, or as applied to
administrative proceedings, an
opportunity to explain one’s side or an
opportunity to seek a reconsideration of
the action or ruling complained of. A
formal or trial-type hearing is not at all
times and in all instances essential; in
the case of COMELEC, Rule 17 of its
Rules of Procedure defines the
requirements for a hearing and these
serve as the standards in the

40
 ADMINISTRATIVE LAW
determination of the presence or denial
of due process.
The second, third, fourth, fifth, and sixth
aspects of the Ang Tibay requirements
are reinforcements of the right to a
hearing and are the inviolable rights
applicable at the deliberative stage, as
the decision-maker decides on the
evidence presented during the hearing.
These standards set forth the guiding
considerations in deliberating on the
case and are the material and substantial
components of decision-making. Briefly,
the tribunal must consider the totality of
the evidence presented which must all be
found in the records of the case (i.e.,
those presented or submitted by the
parties); the conclusion, reached by the
decision-maker himself and not by a
subordinate, must be based on
substantial evidence.
Finally, the last requirement, relating to
the form and substance of the decision of
a quasi-judicial body, further
complements the hearing and decision-
making due process rights and is similar
in substance to the constitutional
requirement that a decision of a court
must state distinctly the facts and the law
upon which it is based. As a component
of the rule of fairness that underlies due
process, this is the “duty to give reason”
to enable the affected person to
understand how the rule of fairness has
been administered in his case, to expose
the reason to public scrutiny and
criticism, and to ensure that the decision
will be thought through by the decision-
maker. R. Mendoza vs. Commission on
Elections and Roberto M.
Pagdanganan, G.R. No. 188308,
October 15, 2009.
Exhaustion of administrative remedies.
It is true that the general rule is that
before a party is allowed to seek the
intervention of the court, he or she
should have availed himself or herself of
all the means of administrative processes
afforded him or her. Hence, if resort to a
remedy within the administrative
machinery can still be made by giving
the administrative officer concerned
every opportunity to decide on a matter
that comes within his or her jurisdiction,
then such remedy should be exhausted
first before the court’s judicial power
can be sought. The premature invocation
of the intervention of the court is fatal to
one’s cause of action. The doctrine of
exhaustion of administrative remedies is
based on practical and legal reasons. The
availment of administrative remedy
entails lesser expenses and provides for a
speedier disposition of controversies.
Furthermore, the courts of justice, for
reasons of comity and convenience, will
shy away from a dispute until the system
of administrative redress has been
completed and complied with, so as to
give the administrative agency
concerned every opportunity to correct
its error and dispose of the case.
However, there are several exceptions to
this rule.
The rule on the exhaustion of
administrative remedies is intended to
preclude a court from arrogating unto
itself the authority to resolve a
controversy, the jurisdiction over which
is initially lodged with an administrative
body of special competence. Thus, a
case where the issue raised is a purely
legal question, well within the
competence; and the jurisdiction of the
court and not the administrative agency,
would clearly constitute an exception.
Resolving questions of law, which
involve the interpretation and application
of laws, constitutes essentially an
exercise of judicial power that is
exclusively allocated to the Supreme
Court and such lower courts the
Legislature may establish. Evelyn
Ongsuco and Antonia Salaya vs. Hon.
Mariano M. Malones, etc., G.R. No.
182065, October 27, 2009.
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