ARELLANO UNIVERSITY SCHOOL OF LAW

Administrative Law Course Outline

2nd Semester 2016
Atty Roberto A. Demigillo

JANUARY 23, 2016

TOPICS

CASES

a. Introduction
1. Concept of Administrative Law
2. Scope of Administrative Law
3. Concerns of Administrative Law
a. Private rights
b. Delegated powers and combined powers
4. Distinguished from International Law
5. Distinguished from Constitutional Law
6. Distinguished from Criminal Law
7. Distinguished from law of public administration
8. Principal subdivisions of Administrative Law
a. Law of internal administration
b. Law of external administration
9. Classification of administrative law
a. As to its source
b. As to its purpose
c. As to its applicability
10. Origin and development of administrative law
a. Recognition as a distinct category of law
b. Multiplication of government functions
c. Growth and utilization of administrative
agencies
d. Fusion of different powers of government in
administrative agencies
e. A law in the making
11. Advantages of the administrative process
12. Relation between administrative agencies and courts
13. Administration of government distinguished from
administrative justice
14. Administration as a separate power
15. Administration as a n organization distinguished
from government

Christian General Assembly Inc. vs. Ignacio, 597 SCRA 266

(2009) AGUSTINES
Realty Exchange Venture Corp v Sendino 233 SCRA 665
BALITCHA
Antipolo Realty Corp. v National Housing Authority 153
SCRA 399 ECO
Phil International Trading Corp. v Angeles, 263 SCRA 421
EDEM

US v. Dorr 2 Phil 332 FLORES

b.Nature and Organization of Administrative

Agencies
1. Status and Characteristics
a. Creation, reorganization and abolition of
administrative agencies
b. Meaning of administrative agency
c. Administrative agency or body and court
distinguished
d. Status or character of particular
administrative agencies
e. As public or governmental agencies
f. As judicial bodies or courts
g. As legislative or executive agencies
h. As independent or subordinate bodies
i. As corporate bodies or legal entities
j. Main characteristics of administrative
agencies
k. Consequence of characteristics

Cebu United Enterprises v. Gallofin, 106 Phil. 491 (1959)

JABAL
Crisostomo vs. Court of Appeals, 258 SCRA 134 (1996)
LAYLO
Viola v. Alunan III, 277 SCRA 409 (1997) LIM
Larin v. Executive Secretary, 280 SCRA 713 (1997)
MARQUEZ
Dario v. Mison, 176 SCRA 84, (1989) MINOZA
Presidential Anti-Dollar Salting Task Force v. Court of
Appeals, 171 SCRA 348 (1989) PARUNGAO
Balangunan v. Court of Appeals, 562 SCRA 184 (2008)
PATACSIL
Dacudao v Gonzales 688 SCRA 109 RAGILES
Olaguer v. Regional Trial Court, 170 sCRA 478 (1989)
RAPAY

l.

Delegation of function and authority

i. Types
ii. Degree
m. Types of administrative agencies
i. Offering gratuity, grant or special
privilege
ii. Performing business service
iii. Regulating business affected with public
interest
iv. Regulating private businesses and
individuals
v. Adjusting individual controversies
because of strong social policy
2. Administrative Organization
a. Distribution of powers of government
i. Traditional branches
ii. Special bodies or agencies
b. Organization of the Office of the President
i. Office of the President Proper
ii. Agencies under the OP
c. Organization of Departments
i. Defined
ii. Number, purpose and decentralization
iii. Department proper
iv. Jurisdiction over bureaus, etc
v. Assignment of offices and agencies
d. Secretaries, Undersecretaries, and Assistant
Secretaries
e. Department Services
i. Planning Service
ii. Financial and Management Service
iii. Administrative Service
iv. Technical Service
v. Legal Service
f. Organization of Bureaus
i. Defined
ii. Powers and duties of heads of bureaus
iii. Staff or Line
g. Organization of Field Offices
i. Regional Offices
ii. Administration
iii. Supervision
iv. Organization
v. Functions of Regional Office
h. Definition of administrative relationships
i. Supervision and control
ii. Administrative supervision
iii. Attachment
i. Powers and functions of Department
Secretary
j. Authority of Department Secretary
a. Supervision and control over bureaus ,
offices and agencies under him
k. Delegation of authority
l. Line bureau authority
f. Supervision and control over regional and
field offices
g. Relationship of government owned or
controlled corporations to the Department
m. Relationship of regulatory agencies to the
Department
h. Defined
n. Mandates of the different Departments
i. DFA, DOF, DOJ, DA, DPWH,
DECS,DOLE, DND, DOH, DTI, DAR,
DILG, DOT, DENR, DOTC, DSWD, DBM,
DOST, DEnergy.

Padua v. Ranada, 390 SCRA 663 (2002) TOLEDO

Joson v. Executive Secretary, 290 SCRA 279 (1998)

BALDONADO

Eugenio v. Civil Service Commission, 242 SCRA 196,

(1995) BAUTISTA

Blaquera v. Alcala, 295 SCRA 411 (1998) GOCC Defined

BRITANICO

Lumiqued v. Exevea, 282 SCRA 125 (1997)

BUAQUEN

c. Powers and Functions of Administrative

Agencies
1.
2.

Meaning of powers and functions ; the difference

Sources of powers
a. Constitution, statutes
3. Scope of powers
a. Express and implied powers
Inherent powers
4. Quasi-judicial powers
5. Nature of powers
a. Jurisdiction limited
b. Powers within their jurisdiction broad
c. Powers subject to the Constitution,
applicable law or administrative regulation
6. What constitutes administrative power or function
a. Powers not explicitly legislative, executive
and judicial
b. Powers involve exercise of judgment and
discretion
7. Classification of powers
a. As to nature investigatory powers, quasilegislative or rule-making powers, quasijudicial or adjudicatory powers
b. As to degree of subjective choice
Discretionary and ministerial powers
c. Define discretionary power?
d. Define ministerial power?

Hijo Plantation v Central Bank, 164 SCRA 192

CAMONIAS
Chavez v NHA, 530 SCRA 235 CATIPAY
RCPI v Santiago 58 SCRA 493 CATURLA
Tayug Rural Bank v Central Bank, 146 SCRA 120 DE
GUZMAN
Globe Wireless v Public Service Commission, 147 SCRA 269
DEL ROSARIO
Polloso v Gangan, 335 SCRA 750 ZOSA
Sy v Central Bank 70 SCRA 570 DE LA ROSA
LLDA v CA 231 SCRA 292 DEMDAM
Buenaseda v Flavier 226 SCRA 645 GRAFIL
Azarcon v Sandiganbayan 268 SCRA 747 HERNANDO
Masangcay v. Comelec, 6 SCRA 27 HIZON
Taule v Santos 200 SCRA 512 IGMEN
City of Baguio v. Nino, 487 SCRA 216 MAGAWAY
Makati Stock Exchange vs. SEC, 14 SCRA 620 MARCELO
Solid Homes v Payawal 177 SCRA 72 NEPOMUCENO
Cooperative Development Authority v. Dolefil Agrarian
Reform Beneficiaries Cooperative Inc. 382 SCRA 552
PALABAY
Freeman v SEC, 233 SCRA 735 PERIA
Eslao v COA 236 SCRA 161 PONAY
In re Rodolfo Manzano, 166 SCRA 246 ROMBAWA
Fetallino v Comelec 686 SCRA 813 TEMPLONUEVO
Phil. Today Inc. v NLRX, 267 SCRA 202 VALUIS
Florendo vs. Enrile, 239 SCRA 22 BELTRAN