Professional Documents
Culture Documents
Investigatory Powers
1. Scope
2. What are the powers included in investigatory
powers?
i. As sole powers granted
ii. As aid to other powers
3. Distinguished from judicial functions
4. Scope and extent of investigative powers
5. Initiation of investigation
6. Conduct of investigation
7. Inspection and examination
8. Requirements as to accounts, records, reports or
statements
9. Requiring attendance of witnesses, giving of
testimony, production of evidence
10. Hearing
11. Contempt proceedings
12. Application of technical rules of procedure and
evidence
13. Right to counsel
14. Hearing not part of criminal prosecution
15. Exclusionary rule in custodial investigation not
applicable
16. Importance of administrative investigations
b. Rule-making powers
1.General
2. Nature
3. Necessity
4. Conditions
Binding force and effect
5. Prospective /retroactive application
6. Legislation on the administrative level
7. Rule-making power of an administrative agency
8. Limitations on rule-making power
9. Should be consistent with Constitution or statute
the agency is administering
10. May not amend, alter, modify, supplant, enlarge
or
expand, restrict or limit the statute provisions.
Law prevails in case of discrepancy or conflict
between law and rule.
11. Rules, regulations and orders or rulings distinguished
ROSARIO
Lupangco v. Court of Appeals, 160 SCRA 848
DUNGAO
Mendoza v Civil Service Commission, 233 SCRA 657
GERON
Eastern Telecommunicatons Philippines, Inc. v.
International Communication Corporation 481 SCRA
163 GOMEZ
Read Administrative Code Book VII, Chapter 2 Rules
and Regulations
GMA Network Inc. v. MTRCB, 514 SCRA 191 JABAL
h. Administrative Proceedings
1. Character of Proceedings
2. Jurisdiction
3. Procedure to be followed
4. Rule on Adjudication under Administrative Code
5. Controversies among government offices and corporations
6. Due process of law in administrative adjudication
a. Nature
b. Essence
c. Requisites of Administrative Due Process
d. Right to Counsel
e. Effect of non-observance
f. Institution of proceedings (3 ways)
g. Necessity of notice and hearing
h. Sufficiency of notice
i. Waiver of right to notice
j. Elements of right to hearing
k. Scope of right to hearing. (4 rights)
l. Duty of administrative body to consider the
evidence presented
m. Investigation and hearing distinguished
n. Requirement of notice and hearing
o. Constitutional requirement of notice and hearing
Proceeding in which no hearing is required
Applicability of rules governing judicial
proceedings
Delegation of authority to hear and receive
evidence
p. Evidence in administrative proceedings
Quantum of proof
Decision or orders
q. Necessity of findings
Form
Finality
r. Applicability of Doctrine of Res Judicata
i.
Administrative Actions
1. Concept of Judicial Review
2. Right to judicial review
3. Rules governing appeals form judgments or quasi-judicial
agencies
4. Administrative findings and constructions
a. Substantial evidence rule
5. Finality of administrative action
6. Exceptions to Doctrine of finality
7. Doctrine of Primary Jurisdiction
8. Doctrine of Exhaustion of Administrative Remedies
9. Exceptions to the Doctrine of Exhaustion of
Administrative Remedies
10. Exhaustion doctrine distinguished from Primary
Jurisdiction Doctrine
11. Doctrine of Ripeness of Judicial Review
12. Scope and Extent of Judicial Review
13. Methods and modes of relief or review
14. Questions open to review
a. Questions of Law
b. Questions of Fact
c. Administrative Discretion.
15.Grounds which would warrant reversal of administrative
findings
16. Hierarchy of evidentiary values
a. Substantial Evidence
b. Clear and convincing evidence
c. Preponderance of evidence,
d. Certainty beyond reasonable doubt.
17. Liability of administrative agencies and officers