ADMIN LAW NOTES

Administrative Law Overview

- Machinery and structure of Government
- The common view is that this is a primarily executive power
o Sometimes delegated legislative power
o Sometimes quasi-judicial
- Administrative power viewed as a fourth power of government
o Should be viewed as parallel to executive, legislative, judicial
o Akin to implementation of laws
o Has a proactive nature
- Private rights are thus subject to administrative law
- Conferred by law, but also creates law
o Implementation has the force of law under the concept of subordinate
legislation
- For the protection of the public
- Why is it considered a fourth power?
o It is a sort-of combination of the three major branches of government
o But in reality, it is neither of the three
Although it has some aspects
- Creation of Administrative Agencies
o Generally by legislative enactment
o Sometimes by executive order (in the Presidents exercise of quasilegislative powers)
o Self-executing constitutional provisions
- What is an administrative agency?
o Organization
o Created by statute
o With authority to act for and in behalf of the government
o Performs a power of the state
- Difference between court and administrative agency?
o Not primarily concerned with administration of justice
o Primarily for regulation
Prevention of the violation of the law
Cannot take a passive stance
Unlike a court which waits until there is a justiciable
controversy
o Performs quasi-judicial functions but only secondarily
- Heads of agency
o Specialization
Must be qualified (not necessarily the top expert)
However, recognize that you need specialists to run the machinery
of the agency
- Delegation of function and authority
o Responsibility still belongs to the head
o Department secretary must delegate
More efficient
Must supervise/control again, there is still responsibility

Audit the work of the undersecretary

Administrative relationship
o Supervision and control
o Administrative supervision
Less than control
Control differentiates supervision and control from administrative
supervision
Example: NLRC under DOLE
o Attachment
Lateral relationship
For purposes of policy and program coordination
Practical purposes
Alignment of efforts
No supervision or control
Department secretary
o Exercises power of control
Delegation of authority
o Must be in writing
o Must indicate which officer or class of officers have the delegated power
o Must vest sufficient authority to enable delegate to discharge
responsibility

Administrative Power Overview

- Inherent powers of administrative agencies
o Strictly speaking, there are none
o If there are no express powers, there are no implied powers
o No powers other than those conferred by statute
o NOTE: When the law is silent on a matter, it does not necessarily mean
that what the law is silent on is conferred upon the agency
o The test is not whether the law forbids prohibition, but whether the law
empowers the commission with the power to prohibit
o Administrative agencies only have jurisdiction over cases which fall under
the power granted to it by statute
Tricky: when does the court or the agency have jurisdiction? Which
body has jurisdiction?
Jurisdiction is limited but the powers within that jurisdiction is broad
- Administrative power is conferred directly
o Under the Constitution
Though easily confused with executive power
o Under statute
- Powers of administrative agencies
o Investigatory
o Quasi-legislative (Rule-making)
o Quasi-judicial (Adjudicatory)
- Ministerial vs. Discretionary
o Ministerial no other choice; no discretion
o Discretionary choices are present

Investigatory power
- Likened to an inherent power
- Almost all agencies have it
- Wide scope sole power
o Used in aid of the exercise of other powers
- Lifeblood of administrative power
o Helps in carrying out functions
Investigation is necessary
- In the conduct of investigation, no special civil action by certiorari will lie against
an agency
o The action will lie only upon bodies exercising judicial functions
- Power to gather facts, then recommend based on findings of fact
- Power to adjudicate does not come with it
- Its exercise can be initiated by complaint or motu proprio
- Hearing is not a necessary part in exercising investigatory power
- In general, must be done privately
o Depends on the cases and circumstances
- Involves power to inspect and examine
o Asking for submission of documents
o Compulsory processes
Has to go through courts unless statute grants them the power to
issue subpoena
Then hold people in contempt for not appearing
Power to issue subpoena
o It is enough that the investigation be for lawfully
authorized purpose
- Right to counsel not inherent in administrative proceedings
o May or may not be aided by counsel
Rule-making power
- Quasi-legislative powers
- Any agency may promulgate rules and regulations
o Force and effect of law if subordinate legislation
They are promulgated in furtherance of a statutes purposes
- Is it binding? What is its force and effect?
o If the agency has been given the power
Rules and regulations promulgated are deemed part of the law
- Important to duly delegate rule-making power
o Practical concerns
Competence and specialization of agencies
o Filling-in the details
Easier to amend through IRR
Difficult to amend if details are supplied by statute
o Law must be complete in itself and a standard provided
o Implementation of the law itself
- Can exercise this power only when delegated by the legislature
- Not legislation in the strict constitutional sense
o Delegated legislative power
Examples

Administrative agencies
LGUs
There are limitations
o Must be consistent with laws and Constitution
o Must not alter the law
o Must be within scope of the law
o No discrepancy between rule and the law
o Must be uniform, reasonable, not unfair or discriminatory
Rules are quasi-legislative; rulings are quasi-judicial
Types of rules
o Supplementary/subordinate
o Interpretative
o Contingent
o Procedural rules
Subordinate legislation
o Issued only by virtue of statutory delegation
o Statute has delegated the power
o Statue provides that the rules will have authoritative force
Interpretative rules
o Entitled to great weight but not conclusive to the courts
o Merely persuasive
Implementing rules and regulations
o Fill in the blanks
o Sort of a new law but done in furtherance of the purposes of the law and
within the scope
o Forms part of the law
Generally binding on court to an extent
Interpretative rule vs legislative rule
o Interpretative is persuasive
o Legislative rule has force and effect of law
Contingent legislation
o Determination of operative facts which trigger the application of statutes
Existence of acts or conditions as the basis of the taking into effect
or implementation of the law
o Discretion as to when the law takes effect but not as to what the law is
o Check the boundaries of the exercise of discretion
Purpose of giving the rule-making power to administrative agencies
o Delegation of quasi-legislative power
o Interpretation of statutes
o Procedure necessary to carry out purposes
Ordinance power of the president is an example of rule-making
o As well as administrative issuances
Practical necessity of the rule-making power
o Changes over time
o Developing competencies
o So that regulations do not lag behind
o So that proper adjustments can be mad
Requisites for validity

o Issued on authority of law

o Not contrary to law and Constitution
o Promulgated in accordance with prescribed procedure
o Reasonable
Validity for the rules
o Legislative rule
Germane to matters in the law
Conforms to standards prescribed
Valid on constitutional grounds
o Interpretative rule
Correctly interprets the statute
Does not amount to an attempt to legislate
Promulgated rules must be reasonable in order to be valid
Regulations issued that are merely directive and does not purport to change the
law are essential to the strict enforcement and proper execution of the law
Reasonableness of rules is closely connected to objectives of the law
Rules providing penal sanctions
o Law must provide for imposition of penalty for violations
Rules make it punishable under provisions of the law
o Law must fix or define such penalty
o Publication is required
No conflict between Admin Code and Civil Code with regard to rule on
publication
o Reconcile
o Although one is more specific than the other, comply with both
Rules and regulations, when validly promulgated, form part of the law
Administrative procedure have the force and effect of law
o Should be construed liberally in order to promote their object
o Interpretations of administrative procedures made by the agency is given
greater weight by the court
Interpretative ruling which is erroneous will be disregarded
o No vested rights in erroneous rulings
o Correct interpretation will be upheld
Administrative ruling will not be applied retroactively, especially in cases where
it will lead to injustice
o Such as in a case where a party, in good faith, relies on a previous
administrative ruling which has been amended or over-ruled by a new
ruling after such reliance has been made
Doctrine of finality of judgment applies in quasi-judicial proceedings of
Administrative Agencies based on Administrative Rules
NOTE: requirements on the promulgation of rules and regulations
o Generally, notice and hearing not necessary
Except
Fixing of rates (not in all cases)
o Requires publication also of proposed rates
Rules apply exclusively to a particular party and are
predicated upon a finding of fact
The above two are exercises of quasi-judicial power

Publication
Required when rules and regulations are of general applicability
Not required for internal rules
In Admin Code effective 15 days from the date of filing with the
UP Law Center unless:
Different date fixed by law
Specified in the rile in cases of imminent danger
o Public health
o Safety
o Welfare
Difference between invalid and ineffective rules
o Invalid
As to substance
Thus void
o Ineffective
Cannot be given effect
Not necessarily void
Usually for unpublished laws or rules
Defect can be cured by subsequent publication
But effectivity begins from the date of publication
o Prospective effect
o

Adjudicatory powers
- Quasi-judicial powers
- Decision or determination of the rights, duties, and obligations of specific
individuals
- Merely incidental to the agencys administrative power
o As distinguished from judicial power
In administrative agencies, the exercise of adjudicatory powers is
only for the implementation or furtherance of subject matters in the
enabling law
Example: NLRC with regard to labor relations
It must be explicitly granted by law
Cannot be implied
- Split jurisdiction is not favored
o All controversies relating to the subject matter pertaining to agencys
specialization are deemed included within its jurisdiction
o Factor in administrative agencys competence and expertise
Doctrine of primary jurisdiction
Arises when both the court and the agency have jurisdiction
Doctrine of exclusive jurisdiction
Jurisdiction pertains to that body or tribunal only
- Jurisdiction of administrative agencies are limited
o To the subject matter embodied in the enabling law
- As distinguished from investigative power
o Investigative power is for the purpose of discovering information
In order to make resolutions, create policy, or to take action
o Does not require notice or hearing

In quasi-judicial powers, it is for the purpose of finally settling claims and

obligations between parties over the subject matter within the agencys
jurisdiction
End goal is different
As distinguished from rule-making power
o Adjudicatory is generally retrospective
Determination is dependent on past or present acts
o Rule-making is generally prospective
Determination of conduct of future acts
o Adjudicatory is particular, rule-making is general
Adjudicatory covers specific persons and situations
Rule-making covers classes of persons/situations
o Notice and hearing is required in adjudicatory but not in rule-making (save
for certain cases)
Nature of particular acts
o Licensing
o Fixing rates and charges
o Miscellaneous acts
It is important to determine what power is being exercised because there
are different requirements for their exercise
When quasi-judicial power is used, res judicata applies
o

Separation of administrative and other powers

- By the Constitution through the actual divisions made
o Exclusivity in the distribution of powers
- Doctrine of non-delegation of powers
o Exceptions abound though
Example: LGUs ordinance-making power (which is legislative in
nature)
- Administrative power is a combination of all powers granted to the three great
branches of government
- Non-delegation of legislative power
o Exceptions
Delegation to local government (ordinances)
Delegation to administrative agencies (rules)
o Completeness test
Law simply needs to be executed
Easily determinable by reading the law
o Sufficient standard test
Standard present in enabling law
Sometimes standards are not expressly provided
Implied sometimes from the objective of the law
o Take note of guidelines in delegation to administrative agencies
o There can be a valid delegation of legislative power though immemorial
practice
Like in the case of provincial boards (see: Rubi)
- Delegation of quasi-judicial power
o Merely incidental to its primary function

Restricted exercise of the power

To administrative agencies with regulatory functions usually
Power judicial in nature may be conferred for purposes of carrying out
function bestowed on the agency concerned if incidental to primary
function
o If exclusive jurisdiction is conferred it removes from the court its rightful
jurisdiction over certain subject controversies (see: Miller vs Mardo)
Standards are set to limit the discretion and prerogative of agencies
o Set by the legislature in the law itself
o May be found in other sources (see: De Leon p.236)
Other pertinent legislation
Executive order
Field of law governing operation of the agency
Presumption of validity of statutes
o Not automatic that the absence of a standard in the law renders the law
void
Look at other sources
o
o
o

Administrative Proceedings
- Adversarial in nature
- Quasi-judicial or judicial in nature
- Civil in nature not criminal in nature
o Although there may be imposition of penalties
- Not an action at law
- Decision rendered where court had no jurisdiction is void
- Expiration or repeal of statute
o If expiration, jurisdiction is not affected
o Saving clause: jurisdiction already acquired while the statute was in effect
cannot be divested from the court which had duly acquired jurisdiction
Especially for abrogated laws (as compared to laws which expired)
- Jurisdiction of courts and administrative agencies
o Doctrine of primary jurisdiction
Split jurisdiction is not favored
- Administrative procedure of administrative adjudication (see: De Leon pp. 252257)
- Controversies among government offices and corporations
o Disputes involving questions of law
Secretary of Justice
o Disputes involving mixed questions of law and fact or factual issues only
Solicitor General if dispute involves only offices of National
Government which have the Solicitor General as their counsel
Secretary of Justice in all other cases
- Due process in administrative adjudication
o Remember: GADLEJ
Grave abuse of discretion is obvious when there is no notice or due
hearing
The two basic requirements of due process
o Cornerstone of due process

Notice and hearing

Essential only for judicial or quasi-judicial matters
Does not connote full adversarial proceedings
As long as there was fair and reasonable opportunity to
explain side
Sufficiency if notice substantial compliance is sufficient
May be actual or constructive
Actual personal service
Constructive enough to inform
o Example: by publication
Denial of due process is not always fatal
Only absolute absence of notice would be fatal
If party was given an opportunity to be heard okay!
MR or appeal cure the defect because party is now given the
opportunity to be heard
Hearing is not required in some proceedings
Notice and hearing are necessary only when Constitutional rights
are claimed to be violated
See: De Leon pp.287-289 for proceedings which do not need
hearing