Administrative Act Validity: Void vs. Voidable Defects

Administrative actions are considered vitiated, and therefore invalid, when their components fail to meet the requirements established by law for their validity. There are two main categories: void acts and voidable acts.

Void Acts (Article 62.1 of the LRJAPPAC)

Voidness is reserved for more serious defects, which include:

• Acts that infringe upon constitutional rights and liberties (Articles 14 to 29 and 30.2).
• Dictates issued by a manifestly incompetent organ due to subject matter or territory.
• Acts having an impossible content (Example: an order of demolition for a building that does not exist).
• Acts that establish a criminal offense or are issued as a result of one (e.g., a license granted through bribery).
• Dictates that outright ignore legally established procedures or rules containing essential requirements for forming the will of collegiate bodies (e.g., approving a student who is not registered).
• Express or alleged acts contrary to law where powers or rights are acquired without the prerequisites for their acquisition (Example: obtaining a scholarship without the required transcript).
• Any other act specifically provided for as void in a legal provision.

Article 62.2: Further Grounds for Nullity

Also considered null and void are those acts that:

• Violate the Constitution, laws, or other senior administrative regulations.
• Govern matters reserved exclusively to the Act (statutory law).
• Establish punitive provisions that are unfavorable or restrict individual rights retroactively.

Consequences of Void Acts

The consequences of a void act are:

1. Total ineffectiveness: The administrative act is treated as if it never existed.
2. If they occur, they can be assessed automatically by the Tribunals.
3. There is an indefeasible right to request or agree to nullity.
4. It is impossible to validate, meaning the defect causing the nullity cannot be cured or remedied.

Voidable Acts

Any violation of the law that is not among those leading to nullity results in a voidable act. These are acts of the Administration that commit any violation of law, including the misuse of power.

Distinctions and Validation

A defect of form only leads to invalidity if the act lacks the formal requirements necessary to achieve its end or results in the helplessness of the stakeholders. Unlike void acts, voidable acts can be validated.

Another key difference is that the nullity of administrative acts must only be appreciated by the courts upon request; it must be expressly alleged in the application for judicial review.