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Political Law Branch of Public Law which deals with the organization and operations of the governmental organs of the state and defines the relations of the State with the inhabitants of its territory Administrative Law That branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity interferes with the conduct of the individual for the purpose of promoting the well-being of the community as under laws regulating public interest, professions, trades and calling, rates and prices, laws for the protection of public health and safety and the promotion of public convenience. Public Law Laws which govern or regulate the relation of the state with its citizens. Private Law Laws which govern or regulate the relation and affairs between individuals to which the state is not directly concerned. Administrative rule any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, including its regulations. Administrative Agency A body, other than the courts and the legislature, endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. Government Instrumentality refer to any agency of the National Government not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some, if not all, corporate powers, administering special funds and enjoying operational autonomy, usually through a charter. Government Owned and Controlled Corporation any agency organized as a stock or non-stock corporation vested with functions related to public needs, whether governmental or proprietary in nature, and owned by the government directly or through its instrumentalities, either wholly or, where applicable as in the case of stock corporations, to the extent of at least 51% of its capital stock. Power of Control The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.

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10. Attachment Attachment refers to the lateral relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and program coordination. The coordination may be accomplished by having the department represented in the governing board of the attached agency or corporation, either as chairman or as a member, with or without voting rights, if this is permitted by the charter; having the attached corporation n or agency comply with a system of periodic reporting which shall reflect the progress of programs and projects; and having the department or its equivalent provide general policies through its representative in the board, which shall serve as the framework for the internal policies of the attached corporation or agency. (The purpose of attaching one functionally interrelated government agency to another is to attain policy and program coordination.) 11. Origin of Administrative Law Legislation Object and Scope of Administrative Law Regulation of private right for public welfare. Justification of Administrative Law Expediency

12. Sources of Admin Law: a. b. c. d. Constitutional or statutory enactments creating administrative bodies. Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created. Determination and orders of the administrative bodies in the settlement of controversies arising in their respective fields.

13. Three kinds of relationship of administrative agency with department a. b. c. Attachment Supervision Control

14. Nature of an Administrative Body It may be regarded as an arm of the legislature insofar as it is authorized to promulgate rules that have the force of law by virtue of a valid delegation of legislative power. It may also be considered a court because it performs functions of a particular judicial character, as when it decides factual and sometimes even legal question as an incident of it general regulation. Basically, the administrative agency pertains to the executive department because its principal function is the implementation of the law in accordance with the policies and instructions laid down by the Legislature. The Administrative Agency is composed of persons, who are, at the outset, or at least eventually, experts in the particular field of specialization under its jurisdiction. They are appointed by law and informed by experience. 15. Advantages of an Administrative Body Compared to the national legislature and the court of justice, administrative agencies have the advantage not only of expertise derived from specialized training and experience, but also of adaptability to change in reacting to new and even emergency situations given its flexible nature because of its rulemaking authority and adjudicatory prerogatives. (Ito nakita ko lang sa isang reviewr na nakita ko sa net kasi baka mamaya enumeration hingin niya e. a. b. c. d. e. expertise derived from specialized training and experience adaptability to change and ease in reacting to a new and even emergency situations more resilient they can initiate action and not simply wait for their jurisdiction to be invoked they may proceed to the solution of the problems confided to their attention with more expeditiousness

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they are created by the legislature to address new social problems and vest in said agencies broad guidelines forthe resolution of said problems.)

Disadvantage ? g. a. b. c. h. Powers of Administrative Agencies Quasi-legislative or rule-making power Quasi-judicial or adjudicatory power Determinate power Cases:

Sta. Rosa Realty v. Amante Two-fold jurisdiction of DAR 1) executive pertains to the enforcement and administration of laws, carrying them into practical operation and enforcing their due observance, 2) judicial involves the determination and rights of obligation of the parties.

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