Article 123p. 123

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

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 and privileges.

(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 privilege.

(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 restrictive

action.

(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 licensing.

(15) "Agency action" includes the whole or part of every

agency rule, order, license, sanction, relief or its equivalent

or denial thereof.

CHAPTER 2 Rules and Regulations

SECTION 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 inspection.

SECTION

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.

SECTION

5.

Publication

and

Recording .

—

The

University of the Philippines Law Center shall:

(1) Publish a quarterly bulletin setting forth the text of

rules filed with it during the preceding quarter; and

(2) Keep an up-to-date codification of all rules thus

published

and

remaining

in effect, together with a

complete index and appropriate tables.

SECTION

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 be obtained.

(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 text.

SECTION 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.

SECTION 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.

SECTION 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.

CHAPTER 3 Adjudication

SECTION

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, compromise and arbitration.

SECTION 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.

SECTION 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 rebuttal

evidence.

(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 noticed.

SECTION 13. Subpoena . — In any contested case, the

agency shall have the power to require the attendance of

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