2.2 Influencia en el cine
2.2.5 Frankenstein de Mary Shelley: Regreso al origen
1. AGENCY– refers to any of the various units of the Government including departments, bureaus, offices, instrumentalities, GOCCs, local government unit or a distinct unit therein.
2. DEPARTMENT– an executive department created by law. It includes any instrumentality as having the rank of a department, regardless of its designation.
3. BUREAU – it is a principal subdivision of a department. It includes any instrumentality as having the rank of a bureau, regardless of its designation.
4. OFFICE – refers to any major functional unit of a department or bureau, including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.
5. INSTRUMENTALITY– any agency of the National government not integrated within the department framework with special functions or jurisdiction by law, endowed with corporate powers, with special funds, and enjoying operational autonomy usually through a charter. It includes regulatory agencies, chartered institutions, and GOCCs.
a. REGULATORY AGENCY – any agency expressly vested with jurisdiction to regulate, administer, or adjudicate matters affecting the substantial rights and interests of private persons. Its principal powers are exercised by a collective body such as a commission, board, or council.
b. GOVERNMENT OWNED or CONTROLLED CORPORATION– any agency organized as a stock or non-stock corporation vested with functions related to public needs, whether governmental or proprietary in nature, and owned by the government directly or through its instrumentalities either wholly or, in the case of stock corporations, at least a majority (51%) of its capital stock must be owned by the government.
(People v. Morales, G.R. No. 166355, May 30, 2011)
Power vs. Function
Power Function
Means by which a function is fulfilled.
That which one is bound or is one’s business to do.
ADMINISTRATIVE FUNCTION – those functions which involve the regulation and control over the conduct and affairs of individuals for their own welfare, and the promulgation of rules and regulations to better carry out the policy of the legislature or the policies that devolve upon administrative agencies by the laws creating them. (In re: Rodolfo U. Manzano, Adm. Matter No. 88-7-1861-RTC, October 5, 1988)
EXPRESS AND IMPLIED POWERS Express vs. Implied Powers
Express Implied
Jurisdiction and powers conferred expressly by the Constitution or by law.
Jurisdiction and powers necessary for the effective exercise of express powers.
DOCTRINE OF NECESSARY IMPLICATION – All powers necessary for the effective exercise of express powers are deemed impliedly granted.
An express grant of power to formulate implementing rules and regulations carries with it the implied power to amend, modify, alter, or repeal them. (Yazaki Torres Manufacturing v. CA, G.R.
No. 130584, June 27, 2006)
POWERS OF ADMINISTRATIVE AGENCIES 1. Quasi-legislative or rule-making powers;
2. Quasi-judicial or adjudicatory powers;
3. Investigatory or inquisitorial powers.
QUASI-LEGISLATIVE POWERS – it is also known as the power of subordinate legislation. It is the power of administrative agencies to issue rules and regulations intended
to implement the law and legislative policy fixed by the legislature. It necessarily includes the power to amend, revise, alter, or repeal such rules and regulations.
DOCTRINE OF SUBORDINATE LEGISLATION – the power of administrative officials to promulgate rules and regulations in the implementation of a statute is necessarily limited only to carrying into effect what is provided in the legislative enactment. A regulation that goes beyond the source of the statute may be declared as void. (Fort Bonifacio Development Corporation v. CIR, G.R. Nos. 158885 and 170680, October 2, 2009)
LEGISLATIVE vs. QUASI-LEGISLATIVE POWER Legislative Power vs. Quasi-legislative Power Legislative Quasi-legislative Power of the legislative
body to make laws and to fix a legislative policy.
It cannot be delegated by the legislature to the administrative agencies.
Power of administrative agencies to issue rules and regulations intended to implement the law and legislative policy fixed by the legislature.
KINDS OF ADMINISTRATIVE RULES AND REGULATIONS
1. LEGISLATIVE RULES – are in the nature of subordinate legislation and are designed to implement a primary legislation by providing the details thereof. They usually implement an existing law, imposing general or extra-statutory obligations pursuant to the authority delegated to i t by Congress.
2. INTERPRETATIVE RULES – are intended to interpret, clarify, or explain existing statutory regulations under which the administrative body operates. Their purpose is merely to construe the statute being administered.
3. CONTINGENT RULES – those issued by an administrative authority based on the existence of certain facts or things upon which the enforcement of a law depends.
LEGISLATIVE vs. INTERPRETATIVE RULES Legislative vs. Interpretative Rules Legislative Interpretative
As to purpose Implement and provide
details in the law.
Merely clarifies the statute being administered.
As to effect Have the force and effect of law.
Only advisory because the courts have the final say in interpreting the statute.
As to nature It is an express power
because it is issued pursuant to a valid delegation of legislative power.
It is an implied power because it is issued as an incident of the
administrative body’s
power to enforce the law.
As to the publication requirement Must be published. Need not be published.
REQUISITES FOR A VALID ADMINISTRATIVE REGULATION
1. Issued under authority of law.
There must be a valid delegation of legislative power.
TESTS OF VALID DELEGATION
a. COMPLETENESS TEST– the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, the delegate will have nothing to do but enforce it. (U.S.
v. Ang Tang Ho, G.R. No. 17122, February 27, 1922) b. SUFFICIENT STANDARD TEST – the law must
offer a sufficient standard to specify the limits of the delegate’s authority, announce the legislative policy, and specify the conditions under which it is to be implemented.
2. Within the scope and purview of legislative authority.
The regulation must be germane to the purposes of the law.
It must not contradict but must conform to the standards prescribed by law. (Public Schools District Supervisors Association v. De Jesus, G.R. No. 157299, June 19, 2006)
3. Promulgated in accordance with the prescribed procedure.
There must be notice, hearing, and publication.
AS TO NOTICE AND HEARING
GENERAL RULE: Notice and hearing is not required.
EXCEPTIONS:
a. When the legislature itself requires it and mandates that the regulation shall first require the ascertainment of facts as determined from an appropriate investigation;
b. When the regulation is a settlement of a controversy between specific parties since it is considered as administrative adjudication;
c. The administrative regulation is in the nature of a subordinate legislation designed to implement a law by providing its details; (CIR v. CA, G.R. No. 119761, August 29, 1996)
d. When the administrative rule substantially increases the burden of the governed; (CIR v. M.J. Lhuillier Pawnshop Inc., G.R. No. 150947)
e. If the regulations are prescribed in the exercise of quasi-judicial functions. (Philippine Consumers Foundation v. Sec. of Education, Culture, and Sports, G.R.
No. 78385, August 31, 1987) AS TO PUBLICATION
GENERAL RULE: Administrative rules and regulations must be published in order to be effective. (Tañada v.
Tuvera, G.R. No. L-63915, December 29, 1986)
EXCEPTIONS:
a. Interpretative rules and regulations;
b. When the regulation is merely internal in nature;
c. Letters of instruction issued by an administrative agency concerning rules and guidelines to be followed by subordinates in the performance of their duties. (Association of Southern Tagalog Electric Cooperatives, Inc. v. Energy Regulatory Commission, G.R.
No. 192117, September 18, 2012)
d. Department orders addressed only to institutions under their supervision. (Balbuna v. Sec. of Education, G.R. No. L-14283, November 29, 1960)
ADDITIONAL PUBLICATION REQUIREMENTS a. Administrative issuances which are not published or
filed with the Office of the National Administrative Register at the UP Law Center are ineffective and may not be enforced.
b. The effectivity of administrative rules and regulations is 15 days after publication and not 15 days from the date of filing with the UP Law Center. (Republic v.
Express Telecommunications, G.R. No. 147096, January 15, 2002)
4. It must be reasonable.
It must not be arbitrary and capricious. Reasonableness depends on the reason or the purpose for which a regulation is issued.
STANDARDS OF REASONABLENESS:
a. Lawful subject– must involve public welfare;
b. Lawful means– must not be arbitrary.
REQUISITES FOR A VALID ADMINISTRATIVE REGULATION WITH PENAL SANCTIONS
1. The law itself must declare as punishable the violation of an administrative rule or regulation;
2. The law itself must fix a penalty therefore;
3. The administrative rule and regulation must be published in full.
QUASI-JUDICIAL POWERS – it is the power of the administrative agency to hear, determine questions of fact, make findings of facts, and to resolve cases presented to it on the basis of such findings of fact s to which the legislative policy is to apply, in accordance with the standards laid down by the law itself.
REASON FOR GRANT OF QUASI-JUDICIAL POWERS It is justified by the expediency or the need of the government to respond swiftly and competently to the pressing problems of the modern world. (C.T. Torres Enterprises, Inc. v. Hibionada, G.R.
No. 80916, November 9, 1990)
REQUISITES FOR THE VALID EXERCISE OF QUASI- JUDICIAL POWER
1. Jurisdiction over the subject matter must be conferred by the law or by the Constitution.
2. Jurisdiction over the person must be properly acquired by the administrative body.
3. Due process must be observed in the conduct of the proceeding.
DOCTRINE OF ADHERENCE OF JURISDICTION – also called the doctrine of continuity of jurisdiction. It means that when judicial or quasi-judicial body has acquired jurisdiction, that jurisdiction continues until the judicial or quasi-judicial body has done all that it can do in the exercise of that jurisdiction When an administrative body is conferred quasi-judicial functions, all controversies relating to the subject matter pertaining to its specialization are deemed to be included within its jurisdiction. (Tejada v. Homestead Property Corporation, G.R.
No. 79622, September 29, 1989)
SCOPE OF QUASI-JUDICIAL POWER
1. PRESCRIBE RULES OF PROCEDURE – power to prescribe rules of procedure which are effective until disapproved by the Supreme Court. (CONST. Art.
VIII, Sec. 5, par. 5)
2. SUBPOENA POWER – power to issue subpoena ad testificandum and subpoena duces tecum may only be exercised if allowed by law and only in connection with the matter the administrative body is authorized to investigate.
3. CONTEMPT POWER– power to cite in contempt may only be exercised if expressly granted by law and only in relation to quasi-judicial functions and not ministerial functions. (Masangcay v. COMELEC, G.R.
No. L-13827, September 28, 1962)
4. DETERMINATIVE POWER – power of
administrative agencies to better enable them to exercise their quasi-judicial authority.
a. ENABLING POWERS– powers that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. (e.g. issuance of a driver’s license by the LTO)
b. DIRECTING POWERS– powers that order the doing or performance of particular acts to ensure compliance with the law. They are often exercised for corrective purposes. (e.g. order of reinstatement by the NLRC)
i. DISPENSING POWER– allows the administrative officer to relax the general operation of a law to an individual or corporation. (e.g.
exemptions granted by the BIR)
ii. EXAMINING POWER – power to require the production of books, papers, the attendance of witnesses, compelling their testimony, etc. Also called investigatory power.
iii. SUMMARY POWERS – power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions.
(e.g. summary abatement of nuisance per se)
c. EQUITABLE POWERS – permits the administrative tribunal to consider and make a proper application of the rules of equity. (Cariño v. CHR, G.R. No. 96681, December 2, 1991) ADMINISTRATIVE DUE PROCESS
The essence of due process in administrative proceedings is the opportunity to explain one’s side or seek a reconsideration of the action or ruling complained of, and to submit any evidence a party may have in support of his defense. The demands of due process are sufficiently met when the parties are given the opportunity to be heard before judgement is rendered. (Lacson v. Executive Secretaty, G.R. No. 165399, May 30, 2011)
RIGHT TO BE HEARD - “To be heard” does not mean only verbal arguments in court; one may also be heard through pleadings. (Casimiro v. Tandog, G.R. 146137, June 8, 2005)
REQUISITES OF ADMINISTRATIVE DUE PROCESS (RIPE-De-De-know)
1. Right to hearing;
2. Tribunal, body, or any of its judges must act on its own Independent consideration of the law and the facts of the controversy and not simply accept the views of its subordinate;
3. Tribunal must consider the evidence Presented;
4. Evidence must be substantial which means relevant evidence that a reasonable mind might accept as adequate to support a conclusion;
5. Decision must have something to support itself;
6. Decision must be based on evidence presented during hearing or at least contained in the record and disclose to the parties;
7. Decision must be rendered in a manner that the parties can know the various issues involved and the reason for the decision rendered. (Ang Tibay v. CIR, G.R. No. L-46496, February 27, 1940)
RIGHT AGAISNT SELF-INCRIMINATION – applicable in administrative proceedings. (Pascual v. Board of Medical Examiners, G.R. No. L-25018, May 26, 1969)
NOTICE AND HEARING
GENERAL RULE: Notice and hearing is necessary in administrative proceedings.
EXCEPTIONS:
a. Summary proceedings of distraint and levy upon the property of a delinquent taxpayer;
b. Grant of provisional authority for increase of rates or to engage in a particular line of business;
c. Cancellation of passport where no abuse of discretion is committed;
d. Summary abatement of nuisance per se which affects safety of persons or property;
e. Preventive suspension of an officer or employee pending investigation;
f. Grant or revocation of licenses or permits to operate certain businesses affecting public order or morals;
g. Where the right of notice and hearing has been previously offered but the right to exercise them had not been claimed;
h. Removal of acting or temporary employees; and i. Application for installation, establishment, or
operation of a radio system.
RULES IN ADMINISTRATIVE APPEAL AND REVIEW 1. Where provided by law, appeal from an
administrative determination may be made to a higher or superior administrative officer or body.
2. Unless otherwise provided by law or executive order, an appeal from a final decision of an administrative agency may be taken to the Department head.
3. If the law that created the agency provides for an appeal as well as the procedure and the requisites for taking that appeal, the specific relief provided for in the law itself can be obtained.
4. If the law does not provide for an appeal or for judicial relief or review, the q uestioned decision can be the subject of judicial review under Rule 65 of the Rules of Court.
5. By virtue of the President’s power of control, the President himself or through the Department Head may affirm, modify, alter, or revers the administrative decision of a subordinate. (Administrative Order No.
18, Series of 1987)
6. An appellate administrative agency may conduct an additional hearing in appealed cases if deemed necessary. (Reyes v. Zamora, G.R. No. L-46732, May 5, 1979)
ADMINISTRATIVE RES JUDICATA– forbids the reopening of a matter that has already been determined by competent authority. Decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial authority, have the force and binding effect of a final judgement upon their finality.
(Brillantes v. Castro, G.R. No. L-9223, July 30, 1956)
GENERAL RULE: Administrative res judicata only applies to judicial and quasi-judicial proceedings, not in the exercise of purely administrative functions. (Montemayor v. Bundalian, G.R.
No. 149335, July 30, 1956) EXCEPTIONS:
a. Res judicata may not be invoked in labor relations proceedings. (Nasipit Lumber Company v. NLRC, G.R.
No. 54424, August 31, 1989)
b. When judgement is rendered upon a null contract.
(B.F. Goodrich Philippines, Inc. v. Workmen’s Compensation Commission, G.R. No. L-38569, March 28, 1988)
INVESTIGATORY POWERS – it is the power of an administrative body to inspect the records and premises and investigate the activities of persons or entities coming under its jurisdiction, or to secure or to require the disclosure of information by means of accounts, records, reports, statements, testimony of witnesses, production of documents, etc.
SCOPE OF INVESTIGATORY POWERS
1. Conduct inspection of accounts, records, documents, and other papers relative to its investigation;
2. Obtain other information which it finds relevant to a matter being investigated;
3. Issue subpoena and notices;
4. Swear and interrogate witnesses;
5. Inspect premises;
6. Require written answers to questionnaires;
7. Require periodic or special reports;
8. Require the filing of statements.
BASIC PRINCIPLES IN ADMINISTRATIVE INVESTIGATIONS INITIATED BY COMPLAINT 1. The burden is on the complainant to prove his
allegations which must be supported by substantial evidence;
2. Findings of facts made therein are to be respected as long as they are supported by substantial evidence;
3. The administrative decisions/findings can only be set aside on proof of grave abuse of discretion, fraud, or error of law.
RIGHT TO COUNSEL IN ADMINISTRATIVE INVESTIGATIONS IS NOT MANDATORY
The right to counsel in administrative investigations is not mandatory in because the hearing conducted by the investigating administrative authority is not part of a criminal prosecution. (Remolona v. CSC, G.R. No. 137473, August 2, 2001)
TEST TO DETERMINE WHETHER EXERCISE OF POWE R IS INVESTIGATIVE OR ADJUDICATIVE
If the only purpose for investigation is to evaluate the evidence submitted based on the facts and circumstances presented, and if the administrative agency is not authorized to make a final pronouncement affecting the parties, then the exercise of power is merely investigatory.
The power to investigate does not carry with it the power to adjudicate. (Cariño v. CHR, G.R. No. 96681, December 2, 1991)
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS– an administrative decision may be appealed to the courts of justice only if the Constitution or the law permits it or if the
issues to be reviewed involve questions of law.
REQUISITES OF JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS 1. Finality of the Administrative Action.
The administrative action has already been fully completed and therefore has become final.
2. Exhaustion of Administrative Remedies.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES – where the enabling statute indicates a procedure for administrative review and provides a system of administrative appeal or reconsideration, the courts for reasons of law, comity, and convenience will not
entertain a case unless available administrative remedies have been resorted to and the appropriate authorities have been given the opportunity to act and correct errors committed in the administrative forum. (Teotics v. Ageda Jr.
G.R. No. 87437, May 29, 1991)
DOCTRINE OF PRIMARY JURISDICTION– courts will not determine a controversy where the issues for resolution demand the exercise of sound administrative discretion requiring the special knowledge, experience, and services of the administrative tribunal to determine technical and intricate matters of fact. (Nestle Philippines v.
Uniwide Sales Inc., G.R. No. 87437, May 29, 1991)
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES vs. DOCTRINE OF PRIMARY JURISDICTION
Doctrine of Exhaustion of Administrative Remedies vs. Doctrine of Primary Jurisdiction Exhaustion of
Administrative Remedies
Primary Jurisdiction
As to issues that can be passed upon It is the administrative
agency that has authority to pass upon the question raised by the person resorting to judicial relief.
Both the court and the administrative agency has authority to pass upon the question raised by the person resorting to judicial relief as an original matter.
As to jurisdiction to take cognizance of the case The matter is cognizable
in the first instance by the administrative agency alone.
The matter is cognizable in the first instance by both the court and the administrative agency.
As to purpose Control the timing of
judicial relief.
Determine the proper tribunal to take cognizance of the matter.