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Finals - Coggle Diagram

- - - - National Food Authority v. MASADA Security Agency (Wage Rate Adjustment)
        
        Facts - RTWPB Issued wage orders mandating increase of wage rate. NFA refused to adjust monthly contract with MASADA Security agency to reflect wage orders.
        
        Interpretation - Construction by administrative agency charged with the task of interpreting or applying the same is entitled to great weight and respect.
        2a. XCPN - Courts not bound to apply interpretations when: Erroneous, Law has no ambiguity, Law has plain and clear language. Thus, these are at best advisory for it is still up to the Court to determine what the statute really means.
        
        SGMC Realty Corporation v. Office of the President (Hlurb Rules)
        
        Facts - HLURB Rules in conflict with general rules of procedure under Administrative Order.
        
        Special Laws, Concurrence - Administrative rule or regulation must not contradict, but conform to the provisions of the enabling law in order to be valid.
    - - Commissioner of Internal Revenue v. Azucena T. Reyes (Notice v. Information on Tax)
        
        Facts - CIR Assessment did not comply with a new law which required taxpayer be notified of law and facts. Old law only required notice.
        
        GR: Statutes are prospective in nature.
        2b. XCPN - Remedial statutes, laws that do not create new or vested rights.
        
        Rosario Dadulo v. CA (Brgy. Suspension, Ombudsman)
        
        Facts - Brgy. Chair Dadulo stole roofing materials, iron sheets, etc. Was suspended pending appeal under new Rules of Procedure by the Ombudsman.
        
        Procedural Rules - Procedural laws are retroactive. Their retroactive application are not violative of any personal rights because no vested right may attach to nor arise therefrom.
        
        Ombudsman, et al, San Miguel Corp. v. Inciong (13th month pay)
        
        Facts - 13th month pay in PD 851 had ambiguous IRR as regards inclusion of all remuneration vs only basic pay for computation.
        
        Curative/Supplemental - The supplementary IRR cures the seeming tendency of the prior IRR to include all remunerations and earnings within the definition of basic salary.
        
        Asturias Sugar Central Inc. v. Commissioner of Customs (tax bond importations, tariff)
        
        Facts - Admin Orders re: tax bonds for re-exportation of products under Philippine Tarriff Act provided that non-extendible, law was silent on extendibility.
        
        Taxation - Tax is construed sctrissimi juris against the taxpayer. Interpretation by specific agency controlling.
      - D. Quasi-Judicial Power (Adjudicatory)
        
        Tolentino v. Inciong (NLRC ~Contempt)
        
        Facts - Inciong, NLRC Chair cited a judge in contempt.
        
        No Presumption of Power - Public official exercises power, not rights. They are only agency through which the will of the State is expressed and enforced. No presumption that they are empowered to act. There must be a delegation of such authority, either express or implied. In the absence of a valid grant, they are devoid of such power
        
        Ching v. Land Bank of the Philippines
        (Insolvency by Fire and PNOY Assassination)
        
        Facts - Dispute over RTC Jurisdiction over insolvency proceedings. Petitioner says SEC.
        
        Jurisdiction Interpretation - SEC administrative body. Wields only powers specifically granted by the enabling statute. Jurisdiction is construed strictissimi juris. SEC only has jurisdiction if incidental/continuation of its jurisdiction over petitions to be declared in state of suspension of payments.
        
        Azarcon v. Sandiganbayan
        (Earth-moving business)
        
        Facts - Azarcon was charged with malversation of public funds, despite not being public officer.
        
        Plain Language - If the language of a statute is clear and unambiguous, the law is applied according to its express terms.
        2a. Interpretation would be resorted to only where a literal interpretation would be either impossible or absurd or would lead to an injustice.
        2b. Public Officer - only when taking part in the performance of public functions/duties by election, appointment or by law.
        
        Cariño v. Commission on Human Rights (CHR Teachers)
        
        Facts - Teacher went on strike, dismissed. CHR assumed jurisdiction over alleged human rights violation due to dismissal.
        
        Quasi-Judicial Power - QJD is not investigative power. Investigation refers to fact-finding, whereas adjudication means to make a determination of fact and entry of judgment.
        
        Megaworld v. DSM Construction and Development Corp. (Condo Contracts)
        
        Facts - Construction Industry Arbitration Commission rendered judgment on Megaworld's liability to DSM.
        
        Metric for Evidence - Appeals before QJDs, a fact may be established by substantial evidence, i.e., reasonable mind might accept to justify a conclusion.
        
        NAPOCOR v. Alonzo-Leasto
        (Blasting works)
        
        Facts - National Power Construction, geothermal powerplants construction with respondent. Arbitration award for liability of NPC to FUCC.
        
        Arbitration Award - Arbitration is designed to end litigation. Such awards cannot be set aside for mere errors of judgment, unless NCC 2038-2040 circumstances are present.
        
        LLDA v. SM Prime Holdings
        (SM wastewater pollution)
        
        Facts - LLDA found SM Manila wastewater failed to comply with standards. LLDA ordered SM to pay.
        
        Quasi-Judicial Function - the LLDA has the power to impose fines in the exercise of its function as a regulatory and quasi-judicial body with respect to pollution cases in the Laguna Lake region.
        
        E. Fact-Finding, Investigative, Licensing, and Rate-Fixing Power
        
        Larin v. Executive Secretary (Career Official)
        
        Facts - Larin was convicted but later acquitted of violation of the NIRC. Led to his dismissal from position from the Bureau of Internal Revenue.
        
        Disciplining Power - Power to remove presidential appointees implicit in power to appoint. But, Admin Code limits this power to career service, who has security of tenure.
        
        SEC v. Interport Resources
        (SEC formed special investigating panel)
        
        Facts - Dispute over jurisdiction between the SEC and the Prosecution and Enforcement Department of the SEC over MOA between two companies.
        
        Right to Cross-Examine - Summary proceedings under the PED does not involve right to cross-examine.
        2a. Adjudication - PED has no adjudicatory functions, thus no need to comply with provisions on admin code for adjudication.
        
        Securities and Exchange Commission v. GMA Network
        (SEC charged application fee from GMA)
        
        Facts - SEC assessed the GMA additional fees for amendment of its articles of incorporation.
        
        Publication - Publication is a condition for effectivity of laws, including administrative regulations that are of general application. Assessment of GMA was under memo.
        
        Vigan Electric Light Co., Inc. v. Public Service Commission
        (Reduced Electricity Rates)
        
        Facts - Public Service Commission imposed specific rates on Vigan. Vigan said legislative, ineffective without notice or hearing.
        
        Rate-Fixing - Rule-making power and rate-fixing power which are meant to apply to all enterprises of a given kind are legislative. If specific, not legislative.
        
        Gonzalo Sy Trading v. Central Bank (Japan apples)
        
        Facts - Gonzalo Sy obtained special import permit from Monetary Board. Continued to import after lapse.
        
        Licenses and Permits - A license is a special privilege, a permission or authority to do what is within its terms. Not a contract, nor a property. Subject to revocability by the state. Power to revoke can only be limited by explicit contract with consideration.
- - - - Kanlaon Construction Enterprises Co., Inc. v. NLRC
        (Residential houses for plant employees)
        
        Facts - When laborers filed a complaint against the company, its supervisor, Estacio, agreed to pay wage differentials without the consent of the company. Kanlaon was not represented by lawyers.
        
        Service of summons - may be served on (1) parties to the case personally by the bailiff or duly authorized public officer, OR (2) counsel or authorized representative IF the party is represented by such.
        
        GR: only lawyers are allowed to appear and represent their clients before the Labor Arbiter and the NLRC
        EXC: non-lawyers may appear in the following cases: (1) If he represents himself as a party to the case (2) If he represents the organization provided he presented written proof of authority (3) If he is a duly-accredited member of any legal aid office duly recognized by DOJ or the IBP.
        
        First Lepanto Ceramics, Inc. v. Court of Appeals
        (Ceramic tiles)
        
        As a result of the lack of uniformity, SC promulgated Circular 1-91 which prescribes the rules governing appeals to CA from final orders or decisions of CTA and quasi-judicial agencies.
        
        Purpose: to eliminate unnecessary contradictions in the rules of procedure
        
        The enumeration of quasi-judicial agencies under SC Circular 1-91 is not exclusive since the same circular provides that it covers “any quasi-judicial agency”
        
        Manuel v. Villena
        (Tree Farm Application)
        
        Facts - Tree farm application by Manuel was rejected as Villena already had application over the same land.
        
        Representation - The fact that Manuel was not represented by Counsel in any stage of the proceedings + no notice meant violation of right to due process. As a rule, courts interefere with administrative proceedings only if grave abuse of discretion, fraud, imposition, mistake or unconstitutional.
        
        Exec. Judge Basilla v. Judge Becamon
        (Judge A filed 2 complaints against Judge B)
        
        Facts - Judge Becamon resolved two cases that were res judicata, sent the parties late copies of the decision and approved late appeals.
        
        Res Judicata - Bar by prior judgment, RoC 39.47 final judgment rendered on the merits by a court of competent jurisdiction serves as absolute bar to subsequent actions involving the same claim, demand or cause of action.
        
        NHA v. Almeida
        (Surviving heirs want to annul award of lot)
        
        Facts - Land tenure Administration/Dept. of Agrarian Reform and eventually the NHA granted an application for the registration of a lot pursuant to an alleged will. The RTC annulled the NHA Decision finding that its validity needed to be determined in probate.
        
        Administrative Res Judicata - Once determined by competent authority, acting within their jurisdiction matter is deemed decided and cannot be reopened. However, courts via expanded jurisdiction can determine if there is grave abuse of discretion.
        
        Abelita v. Doria
        (Warrantless arrest and search)
        
        Facts - Respondents, Doria and Ramirez were charged with conducting an unwarranted search of a vehicle. Administrative case cleared them of guilt. Tried to raise this as a defense in civil.
        
        Res Judicata - An administrative case deals with administrative liability. No identity in causes of action between admin case and civil/criminal case.
        
        Solid Homes v. Laserna (HLURB complaint)
        
        Facts - Housing dispute where the HLURB ruled in favor of the respondents, ordering Solid Homes to deliver deed upon full payment. Office of the President adopted the decision via memorandum.
        
        Memorandum Decision - decision that adopts by reference findings of fact and conclusions of law of the inferior court. Valid so long as the decision adopted is easily and immediately available in memorandum by being attached in a statement to the decision i.e., in the annex.
      - Vda De Herrera v. Bernardo
        (Complaint for Trespassing)
        
        Facts: Bernardo filed a complaint with Commmission of Settlement of Land Problems for trespassing and unlawful claim of Herrera. COSLAP had limited jurisdiction over land disputes could not pass on general issue of ownership.
        
        Administrative agencies are tribunals of limited jurisdiction that can only wield powers which are specifically granted to it by its enabling statute.
        
        Uy v. COA
        (Governor refused to pay backwages)
        
        Facts - Uy et al were permanent employees of Prov. Engr. Office of Agusan, dismissed by new governor in an attempt to scale down operations. Merit Systems Protection Board ordered reinstatement. COA held that backwages were personal liability of the Governor.
        
        Quasi-Judicial Proceedings - COA has quasi-judicial functions as regards government audit. Thus, should have complied with due process which it failed to do as Govr. was not a party to the proceedings.
        
        Pollution Adjudication Board v. CA
        (Cease and desist dyeing operations)
        
        Facts - Pollution Adjudication Board's predecessor, NPC found the owner of a plant that the private respondent bought guilty of having a dysfunctional waste treatment plant.
        
        Due Process & Police Power - Ordinary requirements of procedural due process yields to the necessities of protecting vital public interests through police power. This allows for issuance of ex parte cease and desist orders pending the resolution of the case. Public hearing to contest ex parte sufficient to comply with due process requirement.
        
        Civil Service Commission v. Colangco
        (Board exam for teachers)
        
        Facts: Colangco obtained a passing rate in the board exam for teachers. Turns out, another person took the exam for him. CSC filed formal charge, but CA reversed finding that evidence of CSC was not authenticated.
        
        Administrative rules of procedure are construed liberally - a finding of guilt in administrative cases, if supported by substantial evidence will be sustained by SC. Not bound by technical rules of procedure like authentication.
        
        Melchor v. Gironella
        (Bigamy with civil registry)
        
        Facts: Melchor filed an administrative complaint against Gironella for immorality and bigamy. Gironella submitted a death certificate of her late husband so she was acquitted. Melchor questioned the validity of the death certificate + offense had allegedly already prescribed. SC said not guilty.
        
        Administrative offenses do not prescribe - In such cases, the objective is to improve public service and preserve the faith and confidence of the public in the government. The objective is not the punishment of the officer or the employee.
        
        Flora v. Sunga (Regular bigamy + Fake degree)
        
        Facts: Charges of immorality, falsification, etc. were filed against Floria due to her relations with a married man whom she indicated was her husband in the birth certificate of her children.
        
        Administrative offenses do not prescribe - Even if the affair ended, the stigma of immorality still attaches to the parties. There is no need to adduce evidence that the immoral conduct is still ongoing.
        
        Bedol v. COMELEC
        (Irregularities in conduct of elections in Maguindanao)
        
        Facts: Due to issues in the canvassing of votes in Maguindanao, COMELEC held an investigation which involved Bedol as the chair of the Board of Canvassers. Eventually, national newspapers published an interview with Bedol holding a pistol where he challenged those saying there was cheating in Maguindanao elections. Bedol was then charged with contempt and arrested.
        
        Powers and functions of the COMELEC can be classified into: (1) administrative, (2) quasi-legislative, and (3) quasi-judicial.
        
        Quasi-judicial power of the COMELEC - necessarily includes the authority to compel
        attendance of the parties and/or their witnesses at the proceedings. Includes contempt powers under Art. IX, Sec. 2 of the Constitution.
    - - Lupo v. Administrative Action Board
        (Falsification of list of employees)
        
        Facts: Noceda was disimissed from work when OIC was excluding names of newly hires for certification with the Director. She was disqualified under procedures that did not comply with CSC rules of procedure. Telecom office employee.
        
        Cardinal Reqs. of Admin Juris
        
        Madenilla v. CSC
        (Employees protest promotion; Cum Laude)
        
        Facts: When DPWH reorganized, Medenilla was promoted but the other employees protested. CSC ordered Medenilla replaced without notice. CSC decision overturned.
        
        The essence of due process is the opportunity to be heard. The presence of a party is not always the cornerstone of due process
    - - Medina v. COA
        (Audit of cash accounts)
        
        Facts Medina was Municipal Treasurer when she was charged for grave misconduct and dishonesy for the shortage of the funds. She was not given a formal investigation in the admin proceedings before the Ombudsman.
        
        As long as the parties are given the opportunity to be heard before judgment is rendered,there is due process
        
        Gannapao v. CSC
        (Buses confiscated by police)
        
        Facts: Gannapao, a policeman was hired as a bodyguard when he confiscated buses of United Workers Transport Corp. He was dismissed following the complaints after he was not given notice and summons. But, was given chance to answer the complaint.
        
        What is sought to be safeguarded is not lack of previous notice but the denial of the opportunity to be heard.
    - - Hearing - Includes right to present one's case and submit evidence in support thereof.
      - Consideration of Evidence - Tribunal must consider the evidence presented
        2a. Substantial Evidence - Evidence must be substantial.
      - Decision is Supported - Supported by something
        3a. Decision based on Evidence - Decision must be based on the evidence presented at the hearing or, disclosed and on the record.
      - Independent Tribunal - The tribunal/body/board must act on its own independent consideration of the law and facts.
        4a. Readable Definition - All controversial questions must be resolved in a manner that the parties to the proceeding can know the various issues involved and reason for decision.
- - - - Nestle v. Uniwide (Rehabilitation)
        
        Facts Uniwide filed a petition for declaration of suspension of payment with SEC, Nestle was the unsecured creditor. SC Dismissed in the absence of SEC Determination of the viability of the new rehabilitation plan.
        
        Primary Jurisdiction - Courts will not determine a controversy where the issues for resolution demand the exercise of sound administrative discretion requiring the special knowledge.
    - - Vigilar v. Aquino
        (DPWH wont pay completed project)
        
        Facts: Aquino did construction projects for DPWH but was not paid. DPWH said he should have first filed a claim before the COA under primary jurisdiction. SC said no.
        EXPNs to GR of Primary Juris
        
        Where there is estoppel on the part of the party invoking the doctrine
        
        When the administrative act is patently illegal, amounting to lack of jurisdiction
        
        When there is unreasonable delay or official inaction that will prejudice the complainant
        
        Where the amount involved is relatively small, making the rule impractical and oppressive
        
        Where questions involved are purely legal and will have to be decided by the courts of justice
        
        Where judicial intervention is urgent
        
        Where its application will cause great and irreparable damage
        
        Where the controverted acts violate due process
        
        Where the issue of non-exhaustion of administrative remedies has been rendered moot
        
        Where there is no other plain, speedy, and adequate remedy
        
        Where strong public interest is involved
        
        In quo warranto proceedings
        
        Guy v. Ignacio
        (Deportation)
        
        Facts: Guy's sisters claimed to be Canadian citizens illegally working in PH. Bureau of Immigration Commissioner filed a charge sheet before the Board of Commissioners. Sisters filed certiorari before the RTC. Immigration said primary jurisdicition, SC said no.
        
        Deportation Proceedings - When the claim of citizenship is so substantial as to reasonably believe it to be true, a respondent in a deportation proceeding can seek judicial relief to enjoin respondent BOC from proceeding with the deportation case. This supercedes primary jurisdiction.
  - - - Obiasca v. Basallote
        (Teacher's appointment)
        
        Facts: Basallote was appointed Admin Officer for DepEd. Obiasca, competitor for the position appealed directly to the courts. SC said appeal must first be to the CSC, as appointments are administrative function.
        
        Courts will not entertain a case unless the available administrative remedies have been resorted to and the appropriate authorities have been given an opportunity to act and correct the errors committed in the administrative forum
    - - Regino v. Pangasinan Colleges (No Volleyball no Grades)
        
        Facts: Regino was not allowed to take her exams because she coudn't purchase the school fund raising tickets.
        
        Exhaustion of Remedies - The doctrine applies only when there is competence ont he part of the administrative body to act upon the matter. Similarly, if the issue is purely legal, doctrine does not apply. Admin Agencies (CHED) are not courts, they cannot award damages
        
        Acuzar v. Jorolan
        (Horny SPO1)
        
        Facts: Jorolan filed an admin complaint against SPO1 Acuzar who had an illicit relationship with his minor daughter. Argued that admin complaint should wait resolution of crim complaintl.
        
        If a remedy is available within the administrative machinery, then this should first be utilized before resort to courts.
  - - - MERALCO v. Philippine Consumers Foundation
        
        Facts Franchise tax of Meralco went down from 5% to 2% but savings was not credited to consumers. SC said res judicata in an earlier civil case.
        
        Requisites for Res Judicata
        
        Requisites of res judicata:
        
        There must be a final judgment or order;
        
        The court rendering it must have jurisdiction over the subject matter and the parties;
        
        It must be a judgment or order on the merits;
        
        There must be, between the two cases identity of parties, subject matter and causes of action