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"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 corporations, business affected with public interest, professions, trades
and callings, rates and prices, laws for the protection of the public health and safety and the promotion of the public
convenience and advantage." Dean Rosco Pound
ADMIN LAW- A branch of public law which fixes the organizations and determines the competence of administrative
authorities who executes such law, and inidicates to the individual remedies for the violation of his rights.
-Administrative law regulates bureaucratic managerial procedures and defines powers of administrative agencies.
-generally, admin law, embraces all the law that controls or is intended to control the administrative.
operations of the govt. covering those of internal as well as external administration.
Internal: considers the legal aspect of public admin e.g matters concerning personnel, fiscal and planning activities.
External: refers to the legal relations between administrative authorities and private interest. E.g regulationsof lawful profession,
industries or business.
Private law governs relationships between individuals, such as contracts and the law of obligations. In countrieswhere it
is known as common law, it also includes contracts made between governments and individuals.
Public law is law governing the relationship between individuals (such as citizens and companies) and the state.
Subdivisions
Private law includes civil law (such as contract law, law of torts and property law), labor law, commercial law, corporations law and
competition law.
Public law includes constitutional law, administrative law and criminal law. Constitutional law considers the relationship between
the state and the individual and between different branches of the state. Administrative law regulates bureaucratic managerial procedures
and defines powers of administrative agencies. Criminal law involves that state imposing sanctions for defined crimes.
Example

Smoking indoors is a classic example of public vs private law regulation. As a public law, smoking indoors is prohibited is certain countries.
However, people formed membership clubs where the agreement between the member and the property owner is a private law which the
government has no regulation over. Covered by this private law, the members are then allowed to smoke indoors

ADMINISTRATION
-As a function: the execution, in non judicial matters, of the law or will of the state as expressed by competent authority
-as an Organization: Group of persons in whose hands the reins of the govt are for the time being.
ADMINISTRATIVE AGENCIES: organ of govt other than the court and other than a legislature, which affects the rights of private
parties either through adjudication or rule making CREATED: either by Consti. Prov./ Legislative enactment./ Authority of law
SOURCES OF ADMIN LAW:
Constitution
The Constitution is the creator of various several administrative bodies and agencies. It gives a brief details about the mechanism
and the administrative powers granted to various authorities.
Acts and Statutes
Acts and Statutes passed by legislature are important sources of administrative law because they elaborately detail the powers,
functions and modes of control of several administrative bodies.
Ordinances, Notifications, Circulars etc.
Ordinances are issued by the President (at Union / Federal level) and Governor (at State level) and are valid for a particular period
of time. These ordinances give additional powers to administrators in order to meet urgent needs.
Administrative directions, notifications and circulars provide additional powers by a higher authority to a lower authority. In some
cases, they control the powers.
Judicial decisions
Judicial decisions or judge-made law have been responsible for laying down several new principles related to administrative actions.
They increased the accountability of administrative actions and acted as an anchor between the notifications, circulars etc. to be
linked and complied directly or indirectly with the constitutional or statutory provisions.

KINDS OF ADMIN LAW.


Statute setting up administrative authorities
Rules, regulations or orders of such administrative authorities promulgated pursuant to the purpose for which they
were created.
Determinations, decisions and orders of such administrative authorities made in the settlement of controversies
arising in their particular fields
Body of doctrines and decisions dealing with criterion, operation and effect of determinations and regulations of such
admin. Authorities.

1) Government of the Republic of the Philippines refers to the corporate governmental entity through which the
functions of government are exercised throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is made effective in the Philippines, whether pertaining to
the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.
(2) National Government refers to the entire machinery of the central government, as distinguished from the different
forms of local governments.
(3) Local Government refers to the political subdivisions established by or in accordance with the Constitution.
(4) Agency of the Government refers to any of the various units of the Government, including a department, bureau,
office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit
therein.
(7) Department refers to an executive department created by law. For purposes of Book IV, this shall include any
instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or
designation.
(8) Bureau refers to any principal subdivision or unit of any department. For purposes of Book IV, this shall include
any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual
name or designation, as in the case of department-wide regional offices.
(9) Office refers, within the framework of governmental organization, to any major functional unit of a department or
bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose
functions are defined by law or regulation.
(10) Instrumentality refers to any agency of the National Government, not integrated within the department framework
vested within 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. This term includes regulatory agencies,
chartered institutions and government-owned or controlled corporations.
(11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate
matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a
collective body, such as a commission, board or council.
(12) Chartered institution refers to any agency organized or operating under a special charter, and vested by law with
functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges
and the monetary authority of the State.
(13) Government-owned or controlled corporation refers to any agency organized as a stock or non-stock
corporation, vested with functions relating 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 fifty-one (51) per cent of its capital stock: Provided, That government-owned or
controlled corporations may be further categorized by the Department of the Budget, the Civil Service Commission,
and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and
responsibilities with respect to such corporations

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