ADMINISTRATIVE LAW CASESADMINISTRATIVE LAW CASES

MIDTERM - EXAMINATIONMIDTERM - EXAMINATION

OPLE VERSUS TORRESOPLE VERSUS TORRES – – ID SYSTEMID SYSTEM

ISSUE : WON AO 308ISSUE : WON AO 308  – – ID SYSTEM IS BEYOND THE POWER OF THE PRESIDENT TO ISSUEID SYSTEM IS BEYOND THE POWER OF THE PRESIDENT TO ISSUE

HELD : THE COURT HELD IN THE HELD : THE COURT HELD IN THE POSITIVEPOSITIVE

OBITER DICTA :OBITER DICTA :

Legislative powerLegislative power is "the authority, under the Constitution, to make laws, and to alter is "the authority, under the Constitution, to make laws, and to alter 

and repeal them." The Constitution, as the will of the people in their original, sovereignand repeal them." The Constitution, as the will of the people in their original, sovereign

and unlimited capacity, has vested this power in the Congress of the Philippines.and unlimited capacity, has vested this power in the Congress of the Philippines.

As head of the Executive Department, the President is the Chief Executive.As head of the Executive Department, the President is the Chief Executive. HeHe

represents the government as a whole and sees to it that all laws are enforced by therepresents the government as a whole and sees to it that all laws are enforced by the

officials and employees of his department. He has control over the executiveofficials and employees of his department. He has control over the executive

department, bureaus and offices.department, bureaus and offices.

Sec. 3.Sec. 3. Administrative Orders Administrative Orders ..—— Acts of the President which relate to particular Acts of the President which relate to particular 

aspects of governmental operation in pursuance of his duties as administrative headaspects of governmental operation in pursuance of his duties as administrative head

shall be promulgated in administrative orders.shall be promulgated in administrative orders.

 An admin An administrative istrative order is order is an ordinaan ordinance issued nce issued by the Pby the President resident which rewhich relates tolates to

specific aspects in the administrative operation of government. It must be inspecific aspects in the administrative operation of government. It must be in

harmony with the law and should be for the sole purpose of implementing the lawharmony with the law and should be for the sole purpose of implementing the law

and carrying out the legislative policy.and carrying out the legislative policy.

RATIO DECIDENDI :RATIO DECIDENDI :

Regulations are not supposed to be a substitute for the general policy-makingRegulations are not supposed to be a substitute for the general policy-making

that Congress enacts in the form of a public law. Although administrativethat Congress enacts in the form of a public law. Although administrative

regulations are entitled to respect, the authority to prescribe rules andregulations are entitled to respect, the authority to prescribe rules and

regulations is not an independent source of power to make laws.regulations is not an independent source of power to make laws.

REPUBLIC VERSUS EXPRESS TELECOMREPUBLIC VERSUS EXPRESS TELECOM  – – CERTIFICATE OF CONVINIENCE AND NESSESITYCERTIFICATE OF CONVINIENCE AND NESSESITY

ISSUE :ISSUE :

WON NTC EXCERCISED DUE PROCESSWON NTC EXCERCISED DUE PROCESS

HELD : THE COURT HELD IN THE HELD : THE COURT HELD IN THE POSITIVEPOSITIVE

IN PUBLICATION OF THE 1993 RULES OF PROCEDUREIN PUBLICATION OF THE 1993 RULES OF PROCEDURE

OBITER DICTA :OBITER DICTA :

This Court, inThis Court, in Tañada vs. Tuvera (G.R. No. L-63915, December 29, 1986, 146 SCRATañada vs. Tuvera (G.R. No. L-63915, December 29, 1986, 146 SCRA

446)446) stated, thus:stated, thus:

We hold therefore that all statutes, including those of local application and privateWe hold therefore that all statutes, including those of local application and privatelaws, shall be published as a condition for their effectivity, which shall beginlaws, shall be published as a condition for their effectivity, which shall beginfifteen days after publication unless a different effectivity is fixed by thefifteen days after publication unless a different effectivity is fixed by thelegislature.legislature.

Covered by this rule are presidential decrees and executive ordersCovered by this rule are presidential decrees and executive orderspromulgated by the President in the exercise of legislative power or, atpromulgated by the President in the exercise of legislative power or, atpresent, directly conferred by the Constitution. Administrative Rules andpresent, directly conferred by the Constitution. Administrative Rules andRegulations must also be published if their purpose is to enforce orRegulations must also be published if their purpose is to enforce orimplement existing law pursuant also to a valid delegation.implement existing law pursuant also to a valid delegation.

Interpretative regulations and those merely internal in nature, that is, regulatingInterpretative regulations and those merely internal in nature, that is, regulatingonly the personnel of the administrative agency and not the public, need not beonly the personnel of the administrative agency and not the public, need not bepublished. Neither is publication required of the so-called letters of instructionspublished. Neither is publication required of the so-called letters of instructionsissued by administrative superiors concerning the rules or guidelines to beissued by administrative superiors concerning the rules or guidelines to befollowed by their subordinates in the performance of their duties.followed by their subordinates in the performance of their duties.

RATIO DECIDENDI :RATIO DECIDENDI :

Publication in the Official Gazette or a newspaper of general circulation is aPublication in the Official Gazette or a newspaper of general circulation is a

conditioncondition sine qua non sine qua non before statutes, rules or regulations can take effect.before statutes, rules or regulations can take effect.

IN NOTICE AND HEARING

OBITER DICTA :

In Zaldivar vs. Sandiganbayan  (166 SCRA 316 [1988]), we held that the right to be

heard does not only refer to the right to present verbal arguments in court. A party may

also be heard through his pleadings, where opportunity to be heard is accorded either 

through oral arguments or pleadings, there is no denial of procedural due process.

ISSUE :

WON THERE WAS A VIOLATION OF THE DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE

REMEDIES

HELD :

THE COURT HELD IN THE NEGATIVE

RATIO DECIDENDI :

Clearly, Extelcom violated the rule on exhaustion of administrative remedieswhen it went directly to the Court of Appeals on a petition for certiorari andprohibition from the Order of the NTC dated May 3, 2000, without first filing amotion for reconsideration. It is well-settled that the filing of a motion forreconsideration is a prerequisite to the filing of a special civil action for certiorari.

The general rule is that, in order to give the lower court the opportunity tocorrect itself, a motion for reconsideration is a prerequisite to certiorari.

It also basic that petitioner must exhaust all other available remediesbefore resorting to certiorari. This rule, however, is subject to certainexceptions such as any of the following: (1) the issues raised are purelylegal in nature, (2) public interest is involved, (3) extreme urgency isobvious or (4) special circumstances warrant immediate or more directaction.

ISSUE : WON THE CA CAN INTERFERE WITH THE DECISIONS OF THE NTC

HELD :

THE COURT HELD IN THE NEGATIVE

RATIO DECIDENDI :

The general rule is that purely administrative and discretionary functions may not

be interfered with by the courts. The established exception to the rule is where

the issuing authority has gone beyond its statutory authority, exercised

unconstitutional powers or clearly acted arbitrarily and without regard to his duty

or with grave abuse of discretion.

ECHEGARAY VERSUS JUSTICE SECRETARY  – SUPREME COURT - FINAL AND EXECUTORY

ISSUE : WON THE SC STILL HAS JURISDICTION AFTER A DECISION BECOMES FINAL AND

EXECUTORY

HELD : THE COURT RULED IN THE POSITIVE

OBITER DICTA :

Sec. 5. The Supreme Court shall have the following powers:

xxx xxx xxx

(5) Promulgate rules concerning the protection andenforcement of constitutional rights, pleading, practice andprocedure in all courts, the admission to the practice of law,the Integrated Bar, and legal assistance to theunderprivileged. Such rules shall provide a simplified andinexpensive procedure for the speedy disposition of cases,shall be uniform for all courts of the same grade, and shallnot diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shallremain effective unless disapproved by the Supreme Court.

RATIO DECIDENDI :

If the manifest intent of the 1987 Constitution is to strengthen the independence

of the judiciary, it is inutile to urge, as public respondents do, that this Court has

no jurisdiction to control the process of execution of its decisions, a power

conceded to it and which it has exercised since time immemorial.

ISSUE : WON THE SC CAN GRANT REPRIEVES

HELD : THE COURT RULED IN THE POSITIVE

RATIO DECIDENDI :

The suspension of such a death sentence is undisputably an exercise of judicial power.

It is not a usurpation of the presidential power of reprieve though its effects are the

same— the temporary suspension of the execution of the death convict. For the public

respondents therefore to contend that only the Executive can protect the right to life of 

an accused after his final conviction is to violate the principle of co-equal and coordinate

powers of the three branches of our government.

TAXI CAB OPERATORS OF METRO MANILA VERSUS BOT  – SIX YEARS PHASE OUT OF TAXI

ISSUE : WON BOT EXERCISED DUE PROCESS

HELD : THE COURT HELD IN THE POSITIVE

ON THE PROCEDURAL DUE PROCESS

RATIO DECIDENDI :

It is not mandatory that it should first call a conference or require the submission

of position papers or other documents from operators or persons who may be

affected, this being only one of the options open to the Board, which is given

wide discretionary authority.

Petitioners cannot justifiably claim, therefore, that they were deprived of procedural due

process. Neither can they state with certainty that public respondents had not availed of 

other sources of inquiry prior to issuing the challenged Circulars. Operators of public

conveyances are not the only primary sources of the data and information that may be

desired by the BOT.

ON THE CEILING OF SIX YEARS BEING ARBITRARY

RATIO DECIDENDI :

A reasonable standard must be adopted to apply to vehicles affected uniformly,

fairly, and justly. The span of six years supplies that reasonable standard.

The product of experience shows that by that time taxis have fully depreciated, their 

cost recovered, and a fair return on investment obtained. They are also generally

dilapidated and no longer fit for safe and comfortable service to the public specially

considering that they are in continuous operation practically 24 hours everyday in three

shifts of eight hours per shift. With that standard of reasonableness and absence of 

arbitrariness, the requirement of due process has been met.

AIR MANILA VERSUS BALATBAT  – AIR CERTIFICATE OF PUBLIC CONVINENCE & NECESSITY

ISSUE : WON THERE WAS A WHIMSICAL EXERCISE OF POWER BY THE BOARD

HELD : THE COURT HELD IN THE NEGATIVE

RATIO DECIDENDI :

For, under the law, the Civil Aeronautics Board is not only empowered to grant

certificates of public convenience and necessity; it can also issue, deny, revise, alter,

modify, cancel, suspend or revoke, in whole or in part, any temporary operating permit,

upon petition or complaint of another or even at its own initiative. The exercise of the

power, of course, is supposed to be conditioned upon the paramount consideration of 

public convenience and necessity, and nothing has been presented in this case to prove

that the disputed action by the Board has been prompted by a cause other than the

good of the service.

ABS-CBN VERSUS CTA – RETROACTIVITY OF TAX CIRCULARS

ISSUE : WON ADMINISTRATIVE RULINGS CAN BE APPLIED RETROACTIVELY

HELD : THE COURT HELD IN THE POSITIVE

RATIO DECIDENTI :

It is clear from the foregoing that rulings or circulars promulgated by the

Commissioner of Internal Revenue have no retroactive application where to so

apply them would be prejudicial to taxpayers. The prejudice to petitioner of the

retroactive application of Memorandum Circular No. 4-71 is beyond question .

ISSUE : WON GC V334 IS A NULLITY

HELD : THE COURT HELD IN THE NEGATIVE

RATIO DECIDENDI :

The principle of legislative approval of administrative interpretation by re-

enactment clearly obtains in this case. It provides that "the re-enactment of a

statute substantially unchanged is persuasive indication of the adoption by

Congress of a prior executive construction.

ARTEZUELA VERSUS MADERAZO  – IBP LAWYER

ISSUE : WON THE IBP EXERCISED SUBSTANTIVE DUE PROCESS

HELD : THE COURT HELD IN THE POSITIVE

RATIO DECIDENDI :

In administrative cases, the requirement of notice and hearing does notconnote full adversarial proceedings, as “actual adversarial proceedings becomenecessary only for clarification or when there is a need to propound searchingquestions to witnesses who give vague testimonies.” Due process is fulfilledwhen the parties were given reasonable opportunity to be heard and to submitevidence in support of their arguments.

In the case at bar, records show that respondent repeatedly sought thepostponement of the hearings, prompting the Investigating Commissioner to receivecomplainant’s evidence ex parte and to set the case for resolution after the parties havesubmitted their respective memorandum.

EASTERN SHIPPING LINES VERSUS POEA  – DEATH OF HUSBAND

ISSUE : WON THERE WAS A VIOLATION OF THE EXHAUSTION OF ADMINISTRATIVE REMEDIES

HELD : THE COURT HELD IN THE NEGATIVE

RATIO DECIDENDI :

Ordinarily, the decisions of the POEA should first be appealed to the National Labor 

Relations Commission, on the theory inter alia that the agency should be given an

opportunity to correct the errors, if any, of its subordinates.

This case comes under one of the exceptions, however, as the questions the

petitioner is raising are essentially questions of law.

ISSUE : WON THERE WAS UNDUE DELEGATION OF LEGISLATIVE POWER

HELD : THE COURT HELD IN THE NEGATIVE

OBITER DICTA :

There are two accepted tests to determine whether or not there is a valid delegation of 

legislative power, viz , the completeness test and the sufficient standard test. Under 

the first test, the law must be complete in all its terms and conditions when it leaves the

legislature such that when it reaches the delegate the only thing he will have to do is

enforce it. Under the sufficient standard test, there must be adequate guidelines or 

stations in the law to map out the boundaries of the delegate's authority and prevent the

delegation from running riot.

With the proliferation of specialized activities and their attendant peculiar problems, thenational legislature has found it more and more necessary to entrust to administrativeagencies the authority to issue rules to carry out the general provisions of the statute.This is called the "power of subordinate legislation."

With this power, administrative bodies may implement the broad policies laid down in astatute by "filling in' the details which the Congress may not have the opportunity or competence to provide. This is effected by their promulgation of what are known assupplementary regulations, such as the implementing rules issued by the Department of Labor on the new Labor Code. These regulations have the force and effect of law.