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Administrative Law Reviewer

Kimmarieroque

Administrative Law Reviewer
Chapter I. General Principles
Administrative Law- embraces all the law
that controls, or is intended to control, the
administrative operations of government.
Four Kinds of Administrative Law:
Statues setting up administrative
authorities;
The body of doctrines and decisions
dealing with the creation, operation,
and effect of determinations and
regulations of such administrative
authorities;
Rules, regulations, or orders of such
administrative authorities in
pursuance of the purposes for which
administrative authorities were
created or endowed;
Determinations, decisions, and orders
of such administrative authorities in
the settlement of controversies
arising their particular fields
Administrative functions- those which
involve the regulation and control over the
conduct and affair of individuals for their own
welfare and the promulgation of rules and
regulations to better carry out the policy of
the legislature or such as are devolved upon
the administrative agency by the organic law
of its existence.
Apex of the administrative framework of the
Republic, as provided in the 1987
Administrative Code- Government of the
Republic.
Government of the Republic of the
Philippines- refers to the corporate
government entity through w/c the functions
of government are exercised throughout the
Philippines, including the various arms
through w/c political authority is made
effective.
* Included in the government are:
Agencies and instrumentalities
Agency
-any of the
various units of
the Government,
including a
department,
bureau, office,
instrumentality,
or government
owned or
controlled
corporation, or a
local govt or a
distinct unit
therein.
Instrumentality
-refers to any
agency of the
National
Government, not
integrated within
the department
framework,
vested w/ special
functions or
jurisdiction by
law, endowed w/
some if not all
corporate powers,
administering
special funds, and
enjoying
operational
autonomy, usually
through a charter.
(includes
regulatory
agencies,
institutes)

*Both are either incorporated or
non-incorporated
Incorporated
Vested by law w/
a juridical
personality
distinct from the
Republic. (e.g.
National Power
Corporation,
Non-
Incorporated
Those not vested
w/ a juridical
personality
distinct from the
republic,
endowed by law
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Administrative Law Reviewer

Kimmarieroque

National Housing
Authority, Phil
National Oil
Company
w/ some if not all
corporate powers.
(e.g. Sugar
Regulatory
Administration-
since it is neither
a GOCC but an
agency under the
Office of the
President

Chartered Insitution- any agency organized
under a specific charter & vested by law w/
functions relating to specific constitutional
policies or objectives. (e.g. State universities
and colleges, monetary authority of the state)
Public Office- refers to the right, authority &
duty created and conferred by law or
enduring at the pleasure of the appointing
power, an individual is invested w/ some
portion of the sovereign functions of govt to
be exercised by that individual for the benefit
of the public. (may be functional such as
department or as a position held or occupied)
May be created by constitution such
as comelec or coa or created by
statues or tribunals
Power to reorganize includes power to
create or abolish offices
Reorganization- process of restructuring the
bureaucracys organizational & functional set-
up, to make it more viable in terms of the
economy, efficiency, effectiveness and make it
more responsive to the needs of its public
clientele as authorized by law.
How many administrative agencies do we
have? Ans: no less than 50
REASONS why there has been a need for
administrative agencies:
To unclog court dockets
To meet the growing complexities of
modern society
To help in the regulation of ramified
activities of a developing country
To entrust to specialized agencies in
specified fields w/ their knowledge,
experience & capability the task of
dealing w/ problems

Kinds of agency functions
Agency created to function in situations
wherein the government is:
Offering some gratuity, grant or
special privileges ( veterans board,
pensions for veterans, gsis and sss)
Seeking to carry on certain
governmental functions ( bureau of
immigration, bureau of internal
revenue, civil service)
Performing some business service for
the Public (postal savings bank, phil
national railways)
Seeking under the police power to
regulate private business and
individuals (SEC, PRC)
Seeking to adjust individual
controversies because of some strong
social policy involved, such as the
NLRC, Court of Agrarian Relations
Seeking to conduct investigations and
gather evidence for information,
recommendation or prosecution of
crimes (CHR, prosecutors office, NBI)