Sec. 1. Scope. - This Book shall be applicable to all agencies as
defined in the next succeeding section, except the Congress, the
Judiciary, the Constitutional Commissions, military establishments in
all matters relating exclusively to Armed Forces personnel, the Board
of Pardons and Parole, and state universities and colleges.
Sec. 2. Definitions. - As used in
(1) "Agency" includes any
department, bureau, office, commission, authority or officer of the
National Government authorized by law or executive order to make
rules, issue licenses, grant rights or privileges, and adjudicate
cases; research institutions with respect to licensing functions;
government corporations with respect to functions regulating private
right, privileges, occupation or business; and officials in the
exercise of disciplinary power as provided by law.
(2) "Rule" means any agency
statement of general applicability that implements or interprets a
law, fixes and describes the procedures in, or practice requirements
of, an agency, including its regulations. The term includes memoranda
or statements concerning the internal administration or management of
an agency not affecting the rights of, or procedure available to, the
(3) "Rate" means any charge to
the public for a service open to all and upon the same terms,
including individual or joint rates, tolls, classifications, or
schedules thereof, as well as commutation, mileage, kilometerage and
other special rates which shall be imposed by law or regulation to be
observed and followed by any person.
(4) "Rule making" means an agency
process for the formulation, amendment, or repeal of a rule.
(5) "Contested case" means any
proceeding, including licensing, in which the legal rights, duties or
privileges asserted by specific parties as required by the
Constitution or by law are to be determined after hearing.
(6) "Person" includes an
individual, partnership, corporation, association, public or private
organization of any character other than an agency.
(7) "Party" includes a person or
agency named or admitted as a party, or properly seeking and entitled
as of right to be admitted as a party, in any agency proceeding; but
nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes.
(8) "Decision" means the whole or
any part of the final disposition, not of an interlocutory character,
whether affirmative, negative, or injunctive in form, of an agency in
any matter, including licensing, rate fixing and granting of rights
(9) "Adjudication" means an
agency process for the formulation of a final order.
(10) "License" includes the whole
or any part of any agency permit, certificate, passport, clearance,
approval, registration, charter, membership, statutory exemption or
other form of permission, or regulation of the exercise of a right or
(11) "Licensing" includes agency
process involving the grant, renewal, denial, revocation, suspension,
annulment, withdrawal, limitation, amendment, modification or
conditioning of a license.
(12) "Sanction" includes the
whole or part of a prohibition, limitation or other condition
affecting the liberty of any person; the withholding of relief; the
imposition of penalty or fine; the destruction, taking, seizure or
withholding of property; the assessment of damages, reimbursement,
restitution, compensation, cost, charges or fees; the revocation or
suspension of license; or the taking of other compulsory or
(13) "Relief" includes the whole
or part of any grant of money, assistance, license, authority,
privilege, exemption, exception, or remedy; recognition of any claim,
right, immunity, privilege, exemption or exception; or taking of any
action upon the application or petition of any person.
(14) "Agency proceeding" means
any agency process with respect to rule-making, adjudication and
(15) "Agency action" includes the
whole or part of every agency rule, order, license, sanction, relief
or its equivalent or denial thereof.
RULES AND REGULATIONS
Sec. 3. Filing. - (1) Every agency shall file with the University
of the Philippines Law Center three (3) certified copies of every rule
adopted by it. Rules in force on the date of effectivity of this Code
which are not filed within three (3) months from that date shall not
thereafter be the basis of any sanction against any party or persons.
(2) The records officer of the
agency, or his equivalent functionary, shall carry out the
requirements of this section under pain of disciplinary action.
(3) A permanent register of all
rules shall be kept by the issuing agency and shall be open to public
Sec. 4. Effectivity. - In
addition to other rule-making requirements provided by law not
inconsistent with this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided unless a different
date is fixed by law, or specified in the rule in cases of imminent
danger to public health, safety and welfare, the existence of which
must be expressed in a statement accompanying the rule. The agency
shall take appropriate measures to make emergency rules known to
persons who may be affected by them.
Sec. 5. Publication and
Recording. - The University of the Philippines Law Center shall:
(1) Publish a quarter bulletin
setting forth the text of rules filed with it during the preceding
(2) Keep an up-to-date
codification of all rules thus published and remaining in effect,
together with a complete index and appropriate tables.
Sec. 6. Omission of Some Rules. -
(1) The University of the Philippines Law Center may omit from the
bulletin or the codification any rule if its publication would be
unduly cumbersome, expensive or otherwise inexpedient, but copies of
that rule shall be made available on application to the agency which
adopted it, and the bulletin shall contain a notice stating the
general subject matter of the omitted rule and new copies thereof may
(2) Every rule establishing an
offense or defining an act which, pursuant to law, is punishable as a
crime or subject to a penalty shall in all cases be published in full
Sec. 7. Distribution of Bulletin
and Codified Rules. - The University of the Philippines Law Center
shall furnish one (1) free copy each of every issue of the bulletin
and of the codified rules or supplements to the Office of the
President, Congress, all appellate courts and the National Library.
The bulletin and the codified rules shall be made available free of
charge to such public officers or agencies as the Congress may select,
and to other persons at a price sufficient to cover publication and
mailing or distribution costs.
Sec. 8. Judicial Notice. - The
court shall take judicial notice of the certified copy of each rule
duly filed or as published in the bulletin or the codified rules.
Sec. 9. Public Participation. -
(1) If not otherwise required by law, an agency shall, as far as
practicable, publish or circulate notices of proposed rules and afford
interested parties the opportunity to submit their views prior to the
adoption of any rule.
(2) In the fixing of rates, no
rule or final order shall be valid unless the proposed rates shall
have been published in a newspaper of general circulation at least two
(2) weeks before the first hearing thereon.
(3) In case of opposition, the
rules on contested cases shall be observed.
Sec. 10. Compromise and Arbitration. - To expedite administrative
proceedings involving conflicting rights or claims and obviate
expensive litigations, every agency shall, in the public interest,
encourage amicable settlement, comprise and arbitration.
Sec. 11. Notice and Hearing in
Contested Cases. - (1) In any contested case all parties shall be
entitled to notice and hearing. The notice shall be served at least
five (5) days before the date of the hearing and shall state the date,
time and place of the hearing.
(2) The parties shall be given
opportunity to present evidence and argument on all issues. If not
precluded by law, informal disposition may be made of any contested
case by stipulation, agreed settlement or default.
(3) The agency shall keep an
official record of its proceedings.
Sec. 12. Rules of Evidence. - In
a contested case:
(1) The agency may admit and give
probative value to evidence commonly accepted by reasonably prudent
men in the conduct of their affairs.
(2) Documentary evidence may be
received in the form of copies or excerpts, if the original is not
readily available. Upon request, the parties shall be given
opportunity to compare the copy with the original. If the original is
in the official custody of a public officer, a certified copy thereof
may be accepted.
(3) Every party shall have the
right to cross-examine witnesses presented against him and to submit
(4) The agency may take notice of
judicially cognizable facts and of generally cognizable technical or
scientific facts within its specialized knowledge. The parties shall
be notified and afforded an opportunity to contest the facts so
Sec. 13. Subpoena. - In any
contested case, the agency shall have the power to require the
attendance of witnesses or the production of books, papers, documents
and other pertinent data, upon request of any party before or during
the hearing upon showing of general relevance. Unless otherwise
provided by law, the agency may, in case of disobedience, invoke the
aid of the Regional Trial Court within whose jurisdiction the
contested case being heard falls. The Court may punish contumacy or
refusal as contempt.
Sec. 14. Decision. - Every
decision rendered by the agency in a contested case shall be in
writing and shall state clearly and distinctly the facts and the law
on which it is based. The agency shall decide each case within thirty
(30) days following its submission. The parties shall be notified of
the decision personally or by registered mail addressed to their
counsel of record, if any, or to them.
Sec. 15. Finality of Order. - The
decision of the agency shall become final and executory fifteen (15)
days after the receipt of a copy thereof by the party adversely
affected unless within that period an administrative appeal or
judicial review, if proper, has been perfected. One motion for
reconsideration may be filed, which shall suspend the running of the
Sec. 16. Publication and
Compilation of Decisions. - (1) Every agency shall publish and make
available for public inspection all decisions or final orders in the
adjudication of contested cases.
(2) It shall be the duty of the
records officer of the agency or his equivalent functionary to prepare
a register or compilation of those decisions or final orders for use
by the public.
Sec. 17. Licensing Procedure. -
(1) When the grant, renewal, denial or cancellation of a license is
required to be preceded by notice and hearing, the provisions
concerning contested cases shall apply insofar as practicable.
(2) Except in cases of willful
violation of pertinent laws, rules and regulations or when public
security, health, or safety require otherwise, no license may be
withdrawn, suspended, revoked or annulled without notice and hearing.
Sec. 18. Non-expiration of
License. - Where the licensee has made timely and sufficient
application for the renewal of a license with reference to any
activity of a continuing nature, the existing license shall not expire
until the application shall have been finally determined by the
ADMINISTRATIVE APPEAL INCONTESTED
Sec. 19. Appeal. - Unless otherwise provided by law or executive
order, an appeal form a final decision of the agency may be taken to
the Department head.
Sec. 20. Perfection of
Administrative Appeals. - (1) Administrative appeals under this
Chapter shall be perfected within fifteen (15) days after receipt of a
copy of the decision complained of by the party adversely affected, by
filing with the agency which adjudicated the case a notice of appeal,
serving copies thereof upon the prevailing party and the appellate
agency, and paying the required fees.
(2) If a motion for
reconsideration is denied, the movant shall have the right to perfect
his appeal during the remainder of the period for appeal, reckoned
from receipt of the resolution of denial. If the decision is reversed
on reconsideration, the aggrieved party shall have fifteen (15) days
from receipt of the resolution of reversal within which to perfect his
(3) The agency shall, upon
perfection of the appeal, transmit the records of the case to the
Sec. 21. Effect of Appeal. - The
appeal shall stay the decision appealed from unless otherwise provided
by law, or the appellate agency directs execution pending appeal, as
it may deem just, considering the nature and circumstance of the case.
Sec. 22. Action on Appeal. - The
appellate agency shall review the records of the proceedings and may,
on its own initiative or upon motion, receive additional evidence.
Sec. 23. Finality of Decision of
Appellate Agency. - In any contested case, the decision of the
appellate agency shall become final and executory fifteen (15) days
after the receipt by the parties of a copy thereof.
Sec. 24. Hearing Officers. - (1)
Each agency shall have such number of qualified and competent members
of the base as hearing officers as may be necessary for the hearing
and adjudication of contested cases.
(2) No hearing officer shall
engaged in the performance of prosecuting functions in any contested
case or any factually related case.
Sec. 25. Judicial Review. - (1)
Agency decisions shall be subject to judicial review in accordance
with this chapter and applicable laws.
(2) Any party aggrieved or
adversely affected by an agency decision may seek judicial review.
(3) The action for judicial
review may be brought against the agency, or its officers, and all
indispensable and necessary parties as defined in the Rules of Court.
(4) Appeal from an agency
decision shall be perfected by filing with the agency within fifteen
(15) days from receipt of a copy thereof a notice of appeal, and with
the reviewing court a petition for review of the order. Copies of the
petition shall be served upon the agency and all parties of record.
The petition shall contain a concise statement of the issues involved
and the grounds relied upon for the review, and shall be accompanied
with a true copy of the order appealed from, together with copies of
such material portions of the records as are referred to therein and
other supporting papers. The petition shall be under oath and shall
how, by stating the specific material dates, that it was filed within
the period fixed in this chapter.
(5) The petition for review shall
be perfected within fifteen (15) days from receipt of the final
administrative decision. One (1) motion for reconsideration may be
allowed. If the motion is denied, the movant shall perfect his appeal
during the remaining period for appeal reckoned from receipt of the
resolution of denial. It the decision is reversed on reconsideration,
the appellant shall have fifteen (15) days from receipt of the
resolution to perfect his appeal.
(6) The review proceeding shall
be filed in the court specified by statute or, in the absence thereof,
in any court of competent jurisdiction in accordance with the
provisions on venue of the Rules of Court.
(7) Review shall be made on the
basis of the record taken as a whole. The findings of fact of the
agency when supported by substantial evidence shall be final except
when specifically provided otherwise by law.
Sec. 26. Transmittal of Record. -
Within fifteen (15) days from the service of the petition for review,
the agency shall transmit to the court the original or a certified
copy of the entire records of the proceeding under review. The record
to be transmitted may be abridged by agreement of all parties to the
proceedings. The court may require or permit subsequent correction or
additions to the record.
Sec. 27. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or portions thereof, inconsistent with this Code are
hereby repealed or modified accordingly.
Sec. 28. Separability Clauses. -
In the event that any of the provisions of this Code is declared
unconstitutional, the validity of the other provisions shall not be
affected by such declaration.
Sec. 29. Effectivity. - This Code
shall take effect one year after its publication in the Official
DONE in the City of Manila, this
25th day of July, in the year of Our Lord, nineteen hundred and