C.2. Amendment or Repeal of Administrative Rules and
Regulations

C.3. Construction of administrative rules and regulations

Victorias Milling Co. v. Social Security Commission (SSS Premiums)

1. Facts - New SSS Circular interpreting new law where premiums to SSS Includes all remuneration.
2. Rules v. Interpretations - Administrative rules and regulations are promulgated pursuant to a procedure or authority conferred upon the agency by law. These partake of the nature of a statute and compliance may be enforced by a penal sanction provided in the law. On the other hand, an administrative interpretation is a mere statement of policy which interprets a pre-existing law.
   

National Food Authority v. MASADA Security Agency (Wage Rate Adjustment)

1. Facts - RTWPB Issued wage orders mandating increase of wage rate. NFA refused to adjust monthly contract with MASADA Security agency to reflect wage orders.
2. 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.
   

C.4. Prospective or Retroactive Operation of Rules and Regulations

Commissioner of Internal Revenue v. Azucena T. Reyes (Notice v. Information on Tax)

1. Facts - CIR Assessment did not comply with a new law which required taxpayer be notified of law and facts. Old law only required notice.
2. 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)

1. Facts - Brgy. Chair Dadulo stole roofing materials, iron sheets, etc. Was suspended pending appeal under new Rules of Procedure by the Ombudsman.
2. 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)

1. Facts - 13th month pay in PD 851 had ambiguous IRR as regards inclusion of all remuneration vs only basic pay for computation.
2. 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.
   

D. Quasi-Judicial Power (Adjudicatory)

Tolentino v. Inciong (NLRC ~Contempt)

1. Facts - Inciong, NLRC Chair cited a judge in contempt.
2. 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)

1. Facts - Dispute over RTC Jurisdiction over insolvency proceedings. Petitioner says SEC.
2. 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.

Cariño v. Commission on Human Rights (CHR Teachers)

1. Facts - Teacher went on strike, dismissed. CHR assumed jurisdiction over alleged human rights violation due to dismissal.
2. 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)

1. Facts - Construction Industry Arbitration Commission rendered judgment on Megaworld's liability to DSM.
2. 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)

1. Facts - National Power Construction, geothermal powerplants construction with respondent. Arbitration award for liability of NPC to FUCC.
2. 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.

E. Fact-Finding, Investigative, Licensing, and Rate-Fixing Power

Larin v. Executive Secretary (Career Official)

1. Facts - Larin was convicted but later acquitted of violation of the NIRC. Led to his dismissal from position from the Bureau of Internal Revenue.
2. 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.

Securities and Exchange Commission v. GMA Network
(SEC charged application fee from GMA)

1. Facts - SEC assessed the GMA additional fees for amendment of its articles of incorporation.
2. Publication - Publication is a condition for effectivity of laws, including administrative regulations that are of general application. Assessment of GMA was under memo.

V. ADMINISTRATIVE PROCEDURE

A. Cardinal Primary Requirements of Due Process

B. Administrative proceedings

VI. JUDICIAL REVIEW

A. Doctrine of Primary Administrative Jurisdiction

B. Exhaustion of Administrative Remedies

C. Finality of Administrative Action

D. Res Judicata

Ang Tibay v. CIR
(Leather shoes manufacturer)

1. Facts - Ang tibay laid off employees. Ang Tibay was absolved by the CIR. Led to current appeal. SC Said procedures Violated Due process as well because exhibits to which the evidence attached was not legible.
2. Cardinal Req. of Due Process

Lupo v. Administrative Action Board
(Falsification of list of employees)

1. 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.
2. Cardinal Reqs. of Admin Juris

Fabella v. CA
(Public school teachers walkout)

1. Facts:Public school teachers conduct walk out strikes demanding their 13the month pays other allowances, and passage of debt cap bill. Administrative complaints did not comply with requirement of Magna Carta of Public School Teachers.
2. Cardinal Req. of Due Process

Medina v. COA
(Audit of cash accounts)

1. 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.
2. As long as the parties are given the opportunity to be heard before judgment is rendered,there is due process

Kanlaon Construction Enterprises Co., Inc. v. NLRC
(Residential houses for plant employees)

1. 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.
2. 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.
3. 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)

1. 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.
2. Purpose: to eliminate unnecessary contradictions in the rules of procedure
3. 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”

Exec. Judge Basilla v. Judge Becamon
(Judge A filed 2 complaints against Judge B)

1. Facts - Judge Becamon resolved two cases that were res judicata, sent the parties late copies of the decision and approved late appeals.
2. 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)

1. 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.
2. 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)

1. 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.
2. Res Judicata - An administrative case deals with administrative liability. No identity in causes of action between admin case and civil/criminal case.

Vda De Herrera v. Bernardo
(Complaint for Trespassing)

1. 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.
2. 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)

1. 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.
2. 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.

Civil Service Commission v. Colangco
(Board exam for teachers)

1. 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.
2. 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)

1. 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.
2. 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.

Bagonghasa v. Romualdez
(Land reform protest)

1. Facts: Sec. of Agrarian Reform Awarded Romualdez's property to Bagonghasa through a Certificate of Land Ownership Award (CLOA)
2. The doctrine of primary jurisdiction precludes the courts from resolving a controversy over which jurisdiction was initially lodged with an administrative body of special competence.

GSIS v. COA (Fringe with benefits)

1. Facts: COA disallowed fringe benefits to be paid to the GSIS retirees
2. GR:If the issues is within the juris of an admin. tribunal -There should be an initial ruling first by the administrative tribunal first before resorting to the courts
3. EXPN:Can be waived in exceptional cases, in the interest of fairness and the swift delivery of justice.
   

Vigilar v. Aquino
(DPWH wont pay completed project)

1. 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
   
   1. Where there is estoppel on the part of the party invoking the doctrine
   2. When the administrative act is patently illegal, amounting to lack of jurisdiction
   3. When there is unreasonable delay or official inaction that will prejudice the complainant
   4. Where the amount involved is relatively small, making the rule impractical and oppressive
   5. Where questions involved are purely legal and will have to be decided by the courts of justice
   6. Where judicial intervention is urgent
   7. Where its application will cause great and irreparable damage
   8. Where the controverted acts violate due process
   9. Where the issue of non-exhaustion of administrative remedies has been rendered moot
   10. Where there is no other plain, speedy, and adequate remedy
   11. Where strong public interest is involved
   12. In quo warranto proceedings

New SunValley Homeowners Association v. Sangguniang Barangay
(Open subdivision streets to public)

1. Facts: Homeowners close subdivision roads.Homeowners said avaialble admin remedies from decision of SB. SC said there was, go to Mayor.
2. Doctrine of Exhaustion of Administrative Remedies - Courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence.

Republic v. Lacap
(Contractor's license expired)

1. Facts: Lacap made projects for DPWH but his contract's license expired upon completion of the project. DPWH said appeal first to the COA.
2. Same Expns's as Vigilar v. Aquino
   

Regino v. Pangasinan Colleges (No Volleyball no Grades)

1. Facts: Regino was not allowed to take her exams because she coudn't purchase the school fund raising tickets.
2. 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

Derla v. Hipolito
(fishpond)

1. Facts: Hipolitos had a fishpond which was taken during the Marcos regime
2. When the administrative proceedings take on an adversary character, the doctrine of res judicata applies
   

MERALCO v. Philippine Consumers Foundation

1. 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.
2. Requisites for Res Judicata

Cardinal Requirements of Due Process