Quasi-Judicial Function Flashcards
What is a quasi-judicial or administrative adjudicatory power?
Quasi-judicial or administrative adjudicatory power on the other hand is the power of the administrative agency to adjudicate the rights of persons before it.
It is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law.
How is judicial act distinguished from quasi-judicial acts?
It is the nature of the act to be performed, rather than of the office, board, or body which performs it, that determines whether or not it is the discharge of a judicial or quasi-judicial function. It is not essential that the proceedings should be strictly and technically judicial, in the sense in which that word is used when applied to courts of justice, but it is sufficient if they are quasi-judicial.
What is a quasi-judicial agency?
A quasi-judicial agency or body is an organ of government other than a court and other than a legislature, which affects the rights of private parties through either adjudication orrule-making. The very definition of an administrative agency includes its being vested with quasi-judicial powers.
What is a quasi-judicial function?
A quasi-judicial function is a term which applies to the action, discretion, of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, holds hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature.
How to determine the extent of the quasi-judicial powers of administrative agencies?
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. In other words, the extent to which an administrative entity may exercise such powers depends largely, if not wholly, on the provisions of the statute creating or empowering such agency. The grant of original jurisdiction on a quasi-judicial agency is not implied.
How is jurisdiction conferred?
Jurisdiction is conferred only by the Constitution or the law. It cannot be conferred by the will of the parties. The jurisdiction of the court is determined by the allegations in the complaint.
What involves a quasi-judicial proceeding?
(a) Taking and evaluation of evidence
(b) Determining facts based upon the evidence presented
(c) Rendering an order or decision supported by the facts proved
What are the 7 Cardinal Rights?
(a) The right of the party to be interested or affected to present his own case and submit evidence in support thereof.
(b) Opportunity to present his case and to adduce evidence.
(c) Duty to deliberate
(d) There must be some substantial evidence to support a finding or conclusion.
(e) The decision must be rendered on the evidence presented at the hearing, or at least contained in the record.
(f) The Court of Industrial Relations, or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision.
(g) The Court of Industrial Relations should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered.
On quasi-judicial proceedings, does due process apply?
Though procedural rules in administrative proceedings are less stringent and often applied more liberally, administrative proceedings are not exempt from basic and fundamental procedural principles, such as the right to due process in investigations and hearings. The right to substantive and procedural due process is applicable to administrative proceedings.
What are the 4 Cardinal Rights?
Due process in administrative proceedings:
(a) The right to actual or constructive notice of the institution of proceedings which may affect a respondent’s legal rights.
(b) A real opportunity to be heard personally or with the assistance of counsel, to present witnesses and evidence in one’s favor, and to defend one’s rights
(c) A tribunal vested with competent jurisdiction and so constituted as to afford a person charged administratively a reasonable guarantee of honesty as well as impartiality
(d) A finding by said tribunal which is supported by substantial evidence submitted for consideration during the hearing or contained in the records or made known to the parties affected.
Is the right to counsel absolute in an administrative proceeding?
The right to counsel, which cannot be waived unless the waiver is in writing and in the presence of counsel, is a right afforded to a suspect or an accused during custodial investigation. It is not an absolute right, and may be invoked or rejected in a criminal proceeding, and with more reason, in an administrative inquiry.
What is the quantum of evidence needed for an administrative proceeding?
Findings of fact of quasi-judicial bodies are accorded with respect even finality if supported by substantial evidence. In this regard, substantial evidence are relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
Does the principle of res judicata applies in an administrative proceeding?
The decisions and orders of administrative agencies rendered pursuant to their quasi-judicial authority, have, upon their finality, the force and binding effect of a final judgment within the purview of the doctrine of res judicata.
The rule of res judicata applies as well to the judicial and quasi-judicial acts of public, executive, or administrative officers and boards acting within their jurisdiction.
What is the doctrine of primary jurisdiction?
The doctrine of primary jurisdiction holds that if a case is such that its determination requires the expertise, specialized training and knowledge of an administrative body, relief must first be obtained in an administrative proceeding before resort to the courts is had even if the matter may well be within their proper jurisdiction.
What is the doctrine of exhaustion of administrative remedy?
The doctrine of exhaustion of administrative remedies requires that when an administrative remedy is provided by law, relief must be sought by exhausting this remedy before judicial intervention may be availed of.
