How we can help
Interactions with government agencies — whether a licensing application, a regulatory investigation, or a disciplinary proceeding — carry significant stakes. The rules of procedure before administrative bodies differ from those in ordinary courts, and having counsel who understands these processes can make all the difference.
Vivas & Nobles represents individuals, professionals, and businesses in proceedings before a wide range of national and local government agencies, ensuring your rights are protected and your position is clearly and persuasively presented at every stage.
Professional license defense
Representation before the PRC and professional regulatory boards in administrative complaints against licensed professionals.
Government agency proceedings
Representation before agencies such as HLURB/DHSUD, DTI, SEC, and local government units in regulatory matters.
Administrative appeals
Filing motions for reconsideration and appeals from adverse agency decisions to higher administrative authorities.
Ombudsman cases
Defense of government employees and public officials facing administrative complaints before the Office of the Ombudsman.
Permits & licensing
Assistance with obtaining, renewing, or appealing the denial of business permits and regulatory licenses.
Compliance & show-cause responses
Drafting responses to show-cause orders, notices of violation, and compliance directives from regulatory agencies.
The kinds of matters we handle
Administrative law is the law of the government's own agencies — how they license, regulate, investigate, and discipline, and how those decisions are challenged. The proceedings look nothing like an ordinary trial, and each body runs on its own rules and deadlines. We appear across the range:
- Civil service discipline — administrative charges against government employees before their agency and the Civil Service Commission, from the formal charge through appeal;
- Ombudsman cases — administrative complaints against public officials for misconduct, dishonesty, or graft;
- Professional discipline — complaints against licensed professionals before the PRC and its regulatory boards;
- Government procurement — bid protests and blacklisting disputes under RA 9184;
- Regulatory and licensing matters — proceedings before agencies such as the SEC, DTI, DHSUD, the FDA, the National Privacy Commission, and local government units;
- Show-cause and compliance responses — answering notices of violation, cease-and-desist and closure orders, and administrative subpoenas.
Exhaust administrative remedies first — with real exceptions
As a rule, you cannot run to court until the agency has had the chance to correct itself: you raise the issue, move for reconsideration, and take any available administrative appeal before a court will hear you. A case filed too early is dismissed as premature. But the rule has genuine exceptions — among them a pure question of law, a patently illegal act, urgent circumstances threatening irreparable injury, and situations where exhaustion would be plainly useless. Knowing which applies decides whether you file with the agency or go straight to court.
The appeal ladder, from the agency to the Supreme Court
Most administrative cases follow a fixed climb. First a motion for reconsideration before the deciding official; then an appeal within the agency to the department head, commission, or board; then judicial review by the Court of Appeals — for the decisions of quasi-judicial agencies, by a petition for review under Rule 43; and finally the Supreme Court under Rule 45 on questions of law. Where an agency acted without or in excess of jurisdiction, or with grave abuse of discretion, the remedy is instead a petition for certiorari under Rule 65. Civil service and Ombudsman administrative decisions both reach the Court of Appeals by Rule 43. The deadlines are short — commonly fifteen days — and unforgiving.
The evidence standard is lower than in court
An administrative case is not decided on proof beyond reasonable doubt. The standard is substantial evidence — such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. That lower bar is why an administrative complaint can succeed where a criminal case on the same facts may not, and why the pleadings and documentary record you build early carry so much weight. Note too that the condonation doctrine — under which an official's re-election once wiped out prior administrative liability — was abandoned by the Supreme Court in 2015, so a fresh mandate no longer erases earlier misconduct.
Frequently asked questions
What is administrative law?
It is the body of law governing the powers and procedures of government agencies: how they issue regulations, decide cases within their jurisdiction, and discipline public officials. It also governs how a person affected by an agency's action can question it.
Can I take a government agency to court?
Usually only after exhausting administrative remedies. Courts generally require that you first give the agency the chance to correct itself through a motion for reconsideration and any available administrative appeal. There are exceptions, such as a pure question of law or an urgent situation, but the default rule is exhaustion.
How do I appeal a decision of a government agency?
The typical route is a motion for reconsideration with the agency, then an appeal to the higher administrative body, and finally judicial review by the Court of Appeals, for quasi-judicial agencies through a petition for review under Rule 43, and ultimately the Supreme Court on questions of law under Rule 45. Where the agency acted with grave abuse of discretion, the remedy is a petition for certiorari under Rule 65 instead.
How long do I have to appeal an agency decision?
Usually short and strict. It is commonly fifteen days from receipt of the decision to move for reconsideration or to appeal, though the exact period is fixed by each agency's own rules. Missing it makes the decision final and executory, so the deadline must be recorded the moment a decision arrives.
What is the standard of proof in an administrative case?
Substantial evidence, meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. It is a lower bar than the proof beyond reasonable doubt needed to convict in a criminal case, which is why a person can be held administratively liable even where a related criminal case does not prosper.
Can re-election erase a public official's administrative liability?
No longer. The condonation doctrine, under which an official's re-election once wiped out administrative liability for misconduct committed in a prior term, was abandoned by the Supreme Court in 2015. The abandonment applies going forward, so a fresh mandate no longer excuses earlier misconduct.
What does the Office of the Ombudsman do?
The Ombudsman investigates and prosecutes public officials and employees for offenses connected with their office, including graft and misconduct, and can impose administrative penalties. Its administrative decisions are reviewed by the Court of Appeals under Rule 43, while criminal cases proceed before the Sandiganbayan.
Government and administrative matters, explained
Commentaries on dealing with government offices, officials, and regulators — in English and Tagalog.