Judicial Review Of Admin Decisions Flashcards
What is judicial review of administrative decisions?
Except when the Constitution requires or ‘ ‘ ‘ allows it, judicial review may be granted or withheld as Congress chooses. Thus, the law may provide that a determination made by an administrative agency shall be final and irreviewable. In such a case, there is no violation of due process.
Bases for Judicial Review:
The Constitution.
Statutes
General principles of law.
Methods of obtaining Judicial Review
a) Statutory - available pursuant to specific statutory provisions.
b) Non-statutory - where there is no express statute granting review,
relief is obtained by means of the common law remedies, or by the prerogative writs of certiorari, mandamus, habeas corpus, quo warranto or prohibition.
a) Direct - attempt to question in subsequent proceedings the
administrative action for lack of jurisdiction, grave abuse of discretion, etc..
b) Collateral - relief from administrative action sought in a proceeding the
primary purpose of which is some relief other than the setting aside of the judgment, although an attack on the judgment may be incidentally involved, e.g., a damage suit against the administrative officials.
What court has jurisdiction. final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.
Rule 43 of the 1997 Rules of Civil ‘ Procedure provides that the Court of
Appeals shall have appellate jurisdiction over judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions.
What court has jurisdiction.
review of ERB’s decisions or orders
the Supreme Court noted that Sec. 10 of Executive Order No. 172 (the law creating the Energy Regulatory Board) provides that a review of ERB’s decisions or orders is lodged in the Supreme Court (now in the Court of Appeals).
What Court has jurisdiction? Boi decisions
the
Supreme Court ruled that there is nothing in the law creating the Commission on Immigration and Deportation [now Bureau of Immigration] which provides that its decisions may be reviewed only by the Court of Appeals; accordingly, review by the RTC was upheld
Questions which may be subject of judicial review:
Questions of Law.
Questions of Fact.
Mixed Questions of Law and Fact
Courts are precluded from reviewing questions of fact, except:
a) When expressly allowed by statute; ‘
b) Fraud, imposition or mistake other than error of judgment in
evaluating the evidence [Ortua v. Singson Encarnacion, 59 Phil 440]; or
c) Error in appreciation of the pleadings and in the interpretation of the
documentary evidence presented by the parties [
Brandeis Doctrine of
Assimilation of Facts]:
Where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and effect a decision on the latter, the Court will, in order to decide the legal question, examine the entire record including the evidence if necessary.
The or false., Judicial Review is trial de novo:
False. It is merely an ascertainment of whether the findings of the administrative agency are consistent with law, free from fraud or imposition, and supported by evidence.
Guidelines for the exercise of the power.
- Findings of fact are respected as long as they are supported by
substantial evidence, even if not overwhelming or preponderant
2 It is not for the reviewing court to weigh the conflicting evidence, determine
the credibility of witnesses, or otherwise substitute its judgment for that of the administrative agency on the sufficiency of evidence. - The administrative decision in matters within the executive jurisdiction can
only be set aside on proof of grave abuse of discretion, fraud, collusion or error of law.
