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ADMIN LAW 2

presidential form of government


3 branches:
1.) executive
--primary function: execute and
enforce the laws enacted by congress
2.) legislative
--create, alter, repeal laws
3.) judiciary
--interpret the laws
--settle actual controversies
involving rights and determine if there
is abuse of discretion
--expanded form of judicial review
(to check if acts are in conformity of
the constitution)
*may inquire if discretion of
other brances
DOCTRINE OF SEPARATION OF
POWERS

justice and senate president sits


together in the trial of the president.
-congress may have the power to
investigate in aid of legislation
-congress may delegate legislative
functions to the executive department
POWERS OF ADMINISTRATIVE
AGENCIES
a.) quasi-legislative
b.) quasi-judicial
c.) implied parties
TN
-power is not a right, hence there
should be a grant of authority
(express/implied)
--OW declared invalid for want of
authority
-powers performed by admin bodies
are categorized as express or implied.
EXPRESS VS IMPLIED POWERS

Administrative agencies perform the


ff:
admin functions, quasi-legislative and
quasi-judicial functions
is this repugnant to the separation of
powers? since there is a merging of
functions?
-NO.
why?
because while there is a separation of
powers of the 3 branches of the
government, their relationship is
characterized of interdependence by
and among them. this is
demonstrated by having to interact
with each other under the principle of
CHECKS AND BALANCES.
examples of interactions of the 3
branches:
enactment of laws by congress,
generally requires approvamce of the
president. (may approve or reject
through veto power)
-but congress may override the
veto power
congress can appoint, such
appointment needs confirmation by
the commission of appointments.
president will appoint members of the
judiciary. hence, executive interacts
judicial department.
judiciary may convict, but the
executive department may grant
pardon and amnesty.
judiciary may declare the acts of the
president unconstitutional.
congress may reorganize the judiciary
so long as tenure is not disturbed.
judiciary may declare law enacted by
congress unconstitutional.
BLENDING OF POWERS
-interaction of the 3 branches which
results in the blending of powers
example:
-appropriation act procedure
-grant of confirmation made by the
president
--close coordination of legislative
and executive
-treaty should be approved by 2/3 of
members of the senate
-impeachment of the president, chief

a.) EXPRESS POWER


-kind of power that is expressly
granted under the constitution or
under the law
-before the performance of function:
must inquire on the grant of authority.
b.) IMPLIED POWER
-refer to the powers that are
necessarily implied from thise
expressly granted by the constitution
or under the law.
-lesser in degree because they are
only included in the express powers
-doctrine of necessary implication
--include provisions necessary to
carry out objectives and to effectuate
objectives among others.
examples of implied powers
-power to appoint members of his
cabinet, although there is no express
provision on removal but he is
deemed to have the power to remove
members of cabinet.
(power to appoint includes the power
to remove)
(power to create office includes power
to abolish)
RULE: implied power is lesser in
degree than express powers
commission of human rights is vested
with the power to investigate on
human rights violation(fact finding,
recieve evidence). but the human
rights commission cannot adjudicate
or decide that there is indeed a
human right violation. because the
power to decide is far more greater
than the power to investigate.
grant of appelate jurisdiction of the
Civil service commission which is
limited on the penalty imposed on
respondent. so if respondent is
exonerated or acquitted, civil srvice
commission cannot claim by implied
powers to take cognizance of the
case.
RULE: the performance of the implied
power is not allowed if it is contrary to
the constitution or any other law
covering the same natter.
examples:
presidential appointment. the
president can remove but he does not
have the power to remove career

1 Admin law-atty galeon:Wilma rada notes

executive positions because we have


another law covering that law under
security of tenure.
presidential appointment of judiciary
members does not include power to
remove because there is law covering
the same subject matter:
impeachment.nor can the president
remove lower courts because they can
only be removed by the supreme
ciurt.

MINISTERIAL VS DISCRETIONARY
POWERS
a.) MINISTERIAL POWERS
-that power which is specifically set
forth under the law as would leave no
room to the exercise of discretion in
the implementation of the law.
-officer is duty bound to perform
under the given set of facts under the
procedure laid down by law, without
discretion of the officer concerned.
e.g. issuance of title, issuance of
marriage licenses (just take note if the
legal impediments)
b.) DISCRETIONARY POWERS
-wherein the performance of which is
left in the sound discretion of the
officer concerned.
discretion: whichever way he performs
the power is deemed right/valid.
e.g. calling out powers of the
president to call out the armed forces
to supress any lawless power.
what is the importance of knowing
that power is ministerial or
discretionary?
-to know what act can be compelled
by mandamus. if discretionary, the
remedy is certiorari if there is grave
abuse of discretion.
MANDATORY OR
DIRECTORY/PERMISSIVE
a.) MANDATORY
-if the performance of
nonperformance thereof is strictly
mandated by law. A statute is deemed
mandatory if it commands the
performance or the the
nonperformance on an act.
example:
(positive compliance)
-family code: civil registrar to issue
marriage licenses if it complied with
requirements
-prescriptive periods
(negative compliance)
labor code: no public pofficer/armed
forces/ PNP shall not to be around in
the picketing area. should not escort
thise who are in strike.
b.) DIRECTORY
-performance is left to the sound
judgment of the officer, not strictly
mandated by law
example:
-period to decide on cases such that
even if rendered after period,
judgment is considered valid
-labor code: NLRC commissioners or
labor arbiter power to conduct ocular

inspection
what is the test to determine?
-not may/ shall because some words

"SHALL" is interpreted to mean as


"MAY"
-circumstances and effect of the
compliance

2 Admin law-atty galeon:Wilma rada notes

e.g. if it causes injury, then such


power is considered mandatory