ADMINISTRATIVE

PROCEEDINGS
USEC RYAN L. ESTEVEZ, MARE, MPP
GENERAL CONCEPTS:

• 1. In all administrative proceedings, FUNDAMENTAL PROCEDURAL

REQUIREMENTS ARE TO BE OBESERVED. Arbitrary action to be
excluded.

• 2. Proceeding TERMINATES WHEN APPEAL HAS BEEN TAKEN. It ends

when appeal has been taken to court, and it is merged in the
decree of the court WHEN THE AGENCY has procured a judicial
decree enforcing its order.
Character of Proceedings:

• 1. ADVERSARY IN NATURE – while many administrative

determinations are made EX PARTE, many proceedings are
adversary in nature (SEC, NLRC, revocation of license, etc.) It is
adversary IF IT MAY RESULT IN AN ORDER IN FAVOR OF ONE PERSON
AGAINST ANOTHER.

• 2. QUASI-JUDICIAL OR JUDICIAL IN NATURE – if it involves the (a)

taking and evaluation of evidence, (b) determination of facts
based on evidence presented, (c) rendering an order or decision
supported by the facts proved. (Sec. of Justice vs. Lantion)
Character of Proceedings:

• 3. CIVIL, NOT CRIMINAL IN NATURE, however are not exempt from

basic and fundamental procedural principles such as the right to
due process in investigations and hearings.

• 4. NOT AN ACTION AT LAW –not a litigation between private

parties, but a public one looking for public ends. Some are
neither preventive nor compensatory, BUT ARE PREVENTIVE AND
REMEDIAL TO IMPLEMENT A PUBLIC POLICY
JURISDICTION

• SCOPE – only as EXPRESSLY OR BY NECESSARY IMPLICATIONS CONFERRED

UPON IT BY LAW. Thus all controversies or matters relating to the
subject matter pertaining to its specialization are deemed to be
included within its jurisdiction since “SPLIT JURISDICTION” IS NOT
FAVORED (Badillo vs. CA)
In Bayani vs. Collector of Customs, the Court ruled that an
administrative agency may have jurisdiction over a case before it,
but where it acts in a spirit of hostility and unfairness in the
examination of a party’s witnesses, thereby depriving him of a full
and fair hearing, its decision WILL BE SET ASIDE FOR IT HAS
RENDERED ITSELF INCAPACITATED TO CONSIDER AND WEIGH THE
EVIDENCE IMPARTIALLY.
SOURCE OF JURISDICTION:

• From the law itself, it cannot confer jurisdiction on themselves

nor enlarge its jurisdiction. (as compared to RTCs which are courts
of general jurisdiction, i. e. it has jurisdiction over cases whose
subject matter does not fall within the exclusive original
jurisdiction of any court, tribunal or body exercising judicial or
quasi-judicial functions)

• However, parties who actively participated in the proceedings are

ESTOPPED from questioning the said jurisdiction.
Doctrine of PRIMARY JURISDICTION

• If the case is such that its determination requires the expertise,

specialized skills and knowledge of the proper administrative bodies
because technical matters or intricate questions of facts are involved,
then relief must be first obtained in an administrative proceeding before
a remedy will be supplied by the courts even though the matter is within
the proper jurisdiction of a court (Industrial Enterprises, Inc. vs. CA, 184
SCRA 426)
• READ:
• 1. Republic vs. Eno Fishpond Corporation, 471 SCRA 574 (2005)
• 2. La Union Labor Union vs. Phils Tobacco Fluecuring and Redrying Corp., 108
Phil. 145 (1960)
• 3. Roxas vs. Sayoc , 200 Phil. 448 (1956)
• 4. Feliciano vs. Director of Patents, 93 Phil. 115 (1953)
PROCEDURES TO BE FOLLOWED

• TECHNICAL RULES OF PROCEDURES AND EVIDENCE ARE NOT BINDING in

proceedings before ADMINISTRATIVE Bodies.

• NOT also bound by the rigid requirements of the Rules of Court.

• Administrative due process cannot be also fully equated with DUE

PROCESS in its strict judicial sense.

• May be informal but not as informal that violates statutory

requirements.
BOOK VII of the Administrative Code of 1987

CHAPTER 3
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.
• (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.
• 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 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 evidence shall be final except when specifically
provided otherwise by law.
• Section 26. Transmittal of Record. - Within fifteen (15) days from
the service of the petition for review, the agency shall transmit to
the court the original or a certified copy of the entire records of
the proceeding under review. The record to be transmitted may be
abridged by agreement of all parties to the proceedings. The court
may require or permit subsequent correction or additions to the
record.
Controversies among govt offices and
corporations (under Admin Code):
CHAPTER 14
CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS
• Section 66. How Settled. - All disputes, claims and controversies, solely
between or among the departments, bureaus, offices, agencies and
instrumentalities of the National Government, including government-
owned or controlled corporations, such as those arising from the
interpretation and application of statutes, contracts or agreements,
shall be administratively settled or adjudicated in the manner provided
in this Chapter. This Chapter shall, however, not apply to disputes
involving the Congress, the Supreme Court, the Constitutional
Commissions, and local governments.
• Section 67. Disputes Involving Questions of Law. - All cases
involving only questions of law shall be submitted to and settled
or adjudicated by the Secretary of Justice as Attorney-General of
the National Government and as ex officio legal adviser of all
government-owned or controlled corporations. His ruling or
decision thereon shall be conclusive and binding on all the parties
concerned.
• Section 68. Disputes Involving Questions of Fact and Law. - Cases
involving mixed questions of law and of fact or only factual issues
shall be submitted to and settled or adjudicated by:
• (1) The Solicitor General, if the dispute, claim or controversy
involves only departments, bureaus, offices and other agencies of
the National Government as well as government-owned or
controlled corporations or entities of whom he is the principal law
officer or general counsel; and
• (2) The Secretary of Justice, in all other cases not falling under
paragraph (1).
• Section 69. Arbitration. - The determination of factual issues may
be referred to an arbitration panel composed of one
representative each of the parties involved and presided over by a
representative of the Secretary of Justice or the Solicitor General,
as the case may be.
• Section 70. Appeals. - The decision of the Secretary of Justice as
well as that of the Solicitor General, when approved by the
Secretary of Justice, shall be final and binding upon the parties
involved. Appeals may, however, be taken to the President where
the amount of the claim or the value of the property exceeds one
million pesos. The decision of the President shall be final.
• Section 71. Rules and Regulations. - The Secretary of Justice shall
promulgate the rules and regulations necessary to carry out the
provisions of this Chapter.
Due process of law in administrative
adjudication:

• Nature – is a constitutional right

• Essence – notice and real opportunity to be heard; an opportunity

to explain one’s side or an opportunity to seek a reconsideration
of the action or ruling complained of, and to submit any evidence
a person may have in support of his defense

• Standard – a more flexible standard, not rigid.

Requisites of administrative due process:

• 1. the right to notice, be it actual or constructive, of the institution of the

proceedings that may affect a person’s legal right;
• 2. the right to reasonable opportunity to appear personally or with the
assistance of a counsel and defend his rights and to introduce witnesses and
relevant evidence in his favor, by testimony or otherwise, and to controvert the
evidence of the other party;
• 3. the right to a tribunal vested with competent jurisdiction, so constituted as
to give him reasonable assurance of honesty and impartiality;
• 4. the right to a finding or decision by that tribunal supported by substantial
evidence presented at the hearing or at least ascertained in the records, or
disclosed or made known to the parties affected.
(ABSENCE OF WHICH MAKES THE PROCEEDINGS VOID AB INITIO)
SUFFICIENCY OF NOTICE?

• - SUBSTANTIAL COMPLIANCE IS SUFFICIENT.

• THE RIGHT TO NOTICE MAY GENERALLY BE WAIVED SINCE NOTICE

GOES TO THE JURISDICTION OF THE PERSON RATHER THAN OF THE
SUBJECT MATTER AND WHEN PARTIES ARE UNKNOWN (e.g.
application for operation of PUVs)

• Denial of due process may be cured.

Right to Hearing:

• Must be fair, adequate and open

• Actual hearing/cross examination is not always essential.

*Rules of Court may be applied suppletorily and strict legal rules are not
applicable.
- delegation of authority to hear and receive evidence is allowed.
- rules of evidence not strictly observed
- limited application of hearsay rule, may be used to supplant or
explain direct evidence
- admissions and declarations against interests are admissible to
the exception of self-serving declarations.
Quantum of proof?

• Does not require proof beyond reasonable doubt, so long as it is

supported by substantial evidence, even if not overwhelming or
preponderant as in civil cases.
Res judicata

• ONLY a valid and final judgment can be RES JUDICATA, and lack of
jurisdiction either of the person or of the subject matter
precludes an administrative determination from being RES
JUDICATA.