ADMINISTRATIVE LAW: LECTURE NOTES 1

under Atty. Gallant Soriano

QUASI-JUDICIAL POWER PRINCIPLE No. 1 Office of Public Prosecutor is not a quasi-judicial body.

QUASI-JUDICIAL POWER a. power to hear and determine or ascertain facts and decide
Pres. Anti-Dollar Salting Task Force v. Court of Appeals
(adjudicatory power) b. by the application of rules to the ascertained facts 171 SCRA 348

3 ELEMENTS OF ADJUDICATORY POWERS
1. SPECIFIC PARTIES
2. ADJUDICATION BY
PERSON OTHER THAN A
JUDGE
3. ADJUDICATION BY
AGENCY OTHER THAN
A COURT
a. it involves the rights, duties, and obligations;
b. of specific individuals and persons.
a. power or function that partakes of the judicial;
b. but is exercised by a person other than a judge.
a. convenient way to justify exercise of judicial power;
b. by an administrative agency.
FACTS:
PADS TF (created by PD 1936) - was asked to investigate and prosecute "dollar salting" activities in the country.
State Prosecutor Jose Rosales, of PADS, issued search warrants against Karamfil Export-Import Co.
Karamfil - went to RTC-Makati to enjoin the implementation of the search warrants in question. RTC-Makati declared
search warrants to be null and void and ordered to return all personal properties and documents seized by virtue of
said warrants.
PADS TF - appealed to CA, which initially ruled for PADS: that PADS is special quasi-judicial body and ranks with
RTCs, and that RTC had no jurisdiction to declare search warrants null and void. Upon MR, CA reversed itself. Thus,
the resort to SC, with PADS contending that CA erred in not holding that PADS has not been granted under PD 1936
judicial or quasi-judicial jurisdiction.
HELD:

a. PADS TF was not meant to exercise quasi-judicial functions (try and decide claims and execute its judgments).
JURISPRUDENCE
b. As the President's arm called upon to combat "dollar salting" or the black marketing and salting of foreign exchange,
PRINCIPLE ILLUSTRATIVE CASES it is tasked alone by the Decree to handle the prosecution of such activities, but nothing more.

1. Office of Public Prosecutor Pres. Anti-Dollar Salting Task Force v. Court of Appeals
is not a quasi-judicial body 171 SCRA 348

2. Prosecutor is a quasi-judicial Cojuanco v. PCGG

officer 190 SCRA 226

3. Not every function wherein

Santiago v. Bautista
judgement and discretion are
32 SCRA 188
exercised is a judicial function

2H | Ma. Carmela L. Dieta

 ADMINISTRATIVE LAW: LECTURE NOTES 2
under Atty. Gallant Soriano

PRINCIPLE No. 2 Prosecutor is a quasi-judicial officer. not every function wherein judgement and discretion are
PRINCIPLE No. 3 exercised is a judicial function.

COJUANCO v. PCGG
190 SCRA 226
FACTS:
PCGG (as law enforcer) - gathered evidence as to alleged ill-gotten wealth of Eduardo Cojuanco and, after satisfying
itself that there is a prima facie case, sequestered and issued freeze order for all his properties. Based also on said
finding of prima facie case, PCGG filed civil complaint against him for alleged ill-gotten wealth, including alleged misuse
of coconut levy funds.
Eduardo Cojuanco - went to SC alleging that PCGG may not conduct preliminary investigation of the complaints filed
by Solicitor General without violating his rights to due process and equal protection of the law, and that PCGG has no
right to conduct such preliminary investigation.
SANTIAGO Jr. v. BAUTISTA
32 SCRA 188
FACTS:
Committee on Rating of Students for Honor - was constituted for the purpose of selecting "honor students" of
its graduating class at Sero Elem. School in Cotabato City, as school year 1964-1965 was about to end.
Teodoro Santiago, Jr. (Grade 6 pupil) - was adjudged by the Committee as 3rd honors. Three days prior to
graduation, Santiago, Jr., represented by his mother, and with his father as counsel, sought invalidation of said "ranking"
before CFI-Cotabato, against committee members for grave abuse of discretion. CFI-Cotabato dismissed case for lack
of cause of action. Santiago went to the Supreme Court.

HELD: HELD:

a. an indispensable requisite of due process is that the person who presides and decides over a proceeding including a
preliminary investigation, must possess the cold neutrality of an impartial judge.
b. while the investigating officer, strictly speaking is not a "judge," by the nature of his functions he is and must be
considered to be a quasi-judicial officer.
a. Committee on Rating of Students for Honor exercised neither judicial nor quasi-judicial functions.
b. There is nothing on record about any rule of law that provides that when teachers sit down to assess the individual
merits of their pupils for purposes of rating them for honors, such function involves the determination of what the
law is and that they are therefore automatically vested with judicial or quasi-judicial functions.

c. PCGG cannot possibly conduct preliminary investigation of said criminal complaints with the "cold neutrality of an
impartial judge," as it has prejudged the matter.

2H | Ma. Carmela L. Dieta


STEPS to the EXERCISE of QUASI-JUDICIAL POWER
FIRST STEP
SECOND STEP
THIRD STEP
PRINCIPLE
1. doctrine of exhaustion of
remedies applies only where
the act of administrative agency
was performed pursuant to its
quasi-judicial functions.
2. jurisdiction to order a lessee
to vacate leased premises is
vested in the civil courts in an
appropriate case for unlawful
detainer or accion publiciana.
3. administrative body may be
vested with exclusive original
jurisdiction on certain disputes
falling within its expertise.
ADMINISTRATIVE LAW: LECTURE NOTES 3
under Atty. Gallant Soriano
doctrine of exhaustion of remedies applies only where the
PRINCIPLE No. 4 act of administrative agency was performed pursuant to
its quasi-judicial function.
a. ascertain facts;
b. from pleadings and from evidence adduced.
SMART COMMUNICATIONS v. NTC
a. determine what the applicable law is; and G.R. No. 151908. August 12, 2003
b. what are the legal rights of parties. FACTS:
MC 13-6-2000 (Billing Circular) - issued by NTC, requires 2 year validity of prepaid SIM and Call Cards;
a. decide controversy; and identification of prepaid card buyers; and call balance announcement.
b. render judgment thereon. IslaCom and PILTEL - sought nullity of Circular before RTC-QC alleging that it is oppressive, confiscatory and
constitutes deprivation of property without due process of law. Globe and Smart intervened.
NTC - moved to dismiss case on the ground of Smart's failure to exhaust administrative remedies. RTC denied motion
to dismiss. NTC appealed to CA which granted the petition for certiorari and prohibition. Hence, petition before SC.
JURISPRUDENCE
ILLUSTRATIVE CASES
HELD:
Smart Communications v. NTC, GR No. 151908 Aug.
12, 2003 - in questioning the validity of RULE or a. in questioning the validity of RULE or REGULATION issued by an administrative agency, party need not
REGULATION issued by an administrative agency, party need exhaust administrative remedies before going to court. This principle applies only where the act of
not exhaust administrative remedies before going to court. This administrative agency was performed pursuant to its quasi-judicial function.
principle applies only where the act of administrative agency was
performed pursuant to its quasi-judicial function. b. issuance by NTC of Circular was pursuant to its quasi-legislative or rule-making power. As such, Smart was justified
in invoking the judicial power of RTC to assail validity of said issuances.
Guerzon v. CA, 164 SCRA 182 - There is nothing in PD
1206 that would suggest that the same or similar jurisdiction has
been granted to Bureau of Energy Utilization (BEU). BEU's
jurisdiction is limited to cases involving violation or non-
compliance with any term or condition of any certificate, license
or permit issued by it or of any of its orders, decisions, rules or
regulations.
Antipolo Realty v. NHA, 153 SCRA 399 - before tribunal,
board, or officer may exercise judicial or quasi-judicial acts,
there should be a law that gives rise to some specific rights of
persons or property under which adverse claims to such rights
are made, and the controversy ensuing therefrom is brought,
before the tribunal, board or officer clothed with power and
authority to determine what that law is and thereupon
adjudicate the respective rights of contending parties.
2H | Ma. Carmela L. Dieta

PRINCIPLE No. 5 Grant of particular power must be found in the law itself.
GUERZON v. COURT of APPEALS
164 SCRA 182
FACTS:
Pedro Guerzon (and Shell) - are parties to "Service Station Lease" for the use of Shell's properties, facilities, and
equipment; and "Dealer Sale's Contract" for the sale of Shell gasoline and other petroleum products at gasoline station
located at Cagayan de Oro City.
Bureau of Energy Utilization (BEU) - approved the Dealer's Sales Contract. Paragraph 9 of Contract - provides
"cancellation or termination of Dealer's Sale's Contract shall automatically cancel the lease."
Guerzon - for his failure to surrender premises, upon expiration of contract, was ordered by BEU to vacate premises.
Shell accompanied by law enforcement authorities secured possession of gasoline station. He filed an action for
injunction but RTC dismissed the complaint. On appeal, CA sustained RTC. Guerzon appealed to the Supreme Court.
HELD:
a. jurisdiction to order lessee to vacate leased premises is vested in civil courts in unlawful detainer or accion
publiciana. (Secs. 19(2) and 33(2), BP 129. There is nothing in PD 1206 that would suggest that the same or similar
jurisdiction has been granted to Bureau of Energy Utilization (BEU).
b. BEU's jurisdiction is limited to cases involving violation or non-compliance with any term or condition of any
certificate, license or permit issued by it or of any of its orders, decisions, rules or regulations.
ADMINISTRATIVE LAW: LECTURE NOTES 4
under Atty. Gallant Soriano
administrative body may be vested with exclusive original
PRINCIPLE No. 6 jurisdiction on certain disputes falling within its expertise.
ANTIPOLO REALTY v. NHA
153 SCRA 399
FACTS:
Jose Hernando - acquired ownership over a lot in Ponderosa Heights, Antipolo, from Antipolo Realty. Hernando
transferred his rights to Virgilio Yuson. For failure of Antipolo Realty to fully develop the subdivision and introduce
improvements, in accordance with Clause 17 of Contract to Sell, Yuson stopped monthly installment payments.
Antipolo Realty - rescinded the contract and forfeited all payments made by Yuson.
Yuson - went to NHA, which ordered reinstatement of the contract.
Antipolo Realty - with the denial of its Motion for Reconsideration, went to the Supreme Court asserting that
jurisdiction over the case was lodged in the regular courts, not NHA, since the complaint involved interpretation of the
Contract to Sell
HELD:
a. In general, the quantum of judicial or quasi-judicial powers which an administrative agency may exercise is defined in
the enabling act of such agency.
b. Under PD 1344, in addition to its powers provided for PD 957, NHA shall have exclusive jurisdiction to hear and
decide cases of the following nature: A. Unsound real estate business practices; B. Claims involving refund and any
other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker,
or salesman; and C. Cases involving specific performance of contractual and statutory obligations filed by buyers of
subdivision lots or condominium units against the owner, developer, dealer, broker or salesman.
2H | Ma. Carmela L. Dieta
 ADMINISTRATIVE LAW: LECTURE NOTES 5
under Atty. Gallant Soriano

CLASSIFICATION of ADJUDICATORY POWERS - E.D.D.S.E.

KIND DEFINITION EXAMPLE

a. grant or denial of license (business or
a. to permit or allow something;
occupation);
1. ENABLING
b. which the law undertakes to
b. issuance of securities or certificate of
regulate.
public convenience.

a. power of assessment of BIR or BOC;

a. to issue orders directing
parties;
b. reparations under public utility laws;
2. DIRECTING
b. to conform to governing
c. awards under workmen's compensation
statutes or rules.
laws.

a. Zoning Boards - may vary provisions

a. to exempt from general of zoning ordinances;
prohibition; or
3. DISPENSING b. Phil Army Acceptance Board -
b. relieve individual from
affirmative duty. relieve certain person from military
training.

a. to apply compulsion to a. abatement of nuisance;

effectuate legal purpose;
4. SUMMARY b. restraint or levy property of delinquent
b. without judicial warrant taxpayer.

a. power to make proper

application; a. cease and desist order
5. EQUITABLE
b. of rules of equity

2H | Ma. Carmela L. Dieta