Administrative Recourse

(Prof. Jose Vidamor Yu, Manila)

Man has basic human rights. Yet, there are instances that these rights may be violated and harmed. Therefore, the right to redress is a fundamental aspect of any system of law. The Church as a guardian and the protector of the law has a system to address any petition of a member of Christ’s faithful when that person believed a fundamental right has been aggrieved. The Church has to give protection to rights allegedly abused through the exercise of an administrative act.

Canon law describes recourse as a step taken against an act done by a competent administrator. Any person may complain on an act done through administrative power that affects the person or any group of persons in the external forum. The law provides that the executive, legislative and judicial acts of the Roman Pontiff or of an ecumenical council are excluded. In Canon 1734, it says that an administrative act of the diocesan bishop is exempt from this procedure of the code and recourse against an administrative act of the diocesan bishop may be addressed within the competence of a specific Congregation. It is understood that any complaint on any administrative act issued by an administrative authority below the diocesan bishop and not directly under him is subject to an administrative recourse process.

When a recourse has been made to the competent authority, there should be a move towards avoiding a contentious case. Being Christians, we heed the Lord’s advice which is to avoid conflicts as much as possible and to settle them by means of dialogue, agreement or judgment of an arbiter without detriment to the common good or to justice. To avoid conflicts and seeking solutions, it is one’s duty to seek assistance from prudent and expert persons in order a fair solution may be achieved through peaceful means.

Canon Law suggests that the Bishop’s conference of the local church should institute a mediation office or council for this purpose. However, it is also the mission of every diocese to avoid contentious administrative processes. Besides, canon 1733 provides that the superior to whom the recourse was made can urge the parties to seek counsel from the office or from the board of mediation. It is to hope that a successful result may be illicited.

Since any person may file a complaint if his right has been violated by the issuance of an administrative decree, the basis of the request should be within the law procedure. The author of the administrative act has three choices. First, he may confirm the act which means that he may reiterate the decisions and the reasons of the act. Second, he may correct the act which is to modify the decision and the reasons. Third, he may revoke the act which is to cancel or reverse the decision. If the person still finds that his rights are still harmed and violated, the next petition is forwarded to the hierarchical superior of the author.

The superior should consider two major things: first, he should study if there was a violation of the law involved, second, that there are certain laws immediately suspend the effects of an administrative act.