Академический Документы
Профессиональный Документы
Культура Документы
By
Carlo L. Cruz
3.
Rules and regulations issued by the administrative
bodies e.g. Omnibus Rules Implementing the Labor Code.
4. Determinations and orders of the administrative bodies
in the settlement of controversies
Chapter 1
General Considerations
Administration
Nature
2.
function administration as the actual running of the
government by the executive authorities through the enforcement
of laws and implementation of policies.
Government (as distinguished from administration) is the agency or
instrumentality through which the will of the State is formulated,
expressed and realized.
Administration Distinguished from Law
Law is impersonal command provided with sanctions to be applied
in case of violation, while Administration is preventive rather
punitive and is accepted to be more personal than law.
Law maintains a watchful eye on those who would violate its order.
While administration on the other hand seeks to spare individuals
from punishments of the law by persuading him to observe its
commands.
interpreting
the
charters
of
Chapter 2
Administrative Agencies
Definition
Administrative agency a body endowed with quasi-legislative
and quasi-judicial powers for the purpose of enabling it to carry out
the laws entrusted to it for enforcement or execution.
Administrative agency may be regarded as an arm of the
legislature insofar as it is authorize to promulgate rules. It may
Chapter 3
Powers of Administrative Agencies
Quasi-Legislative Power the authority delegated by the lawmaking body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and
implement legislative policy.
Chapter 4
The Quasi-Legislative Power
It has already been remarked that the rule-making power of the
administrative body is intended to enable it to implement the policy
of the law and to provide for the more effective enforcement of its
provisions.
Through the exercise of this power of subordinate legislation, it is
possible for the administrative body to transmit the active power
of the state from its source to the point of application, that is,
apply the law and so fulfill the mandate of the legislature.
(2)
Due process must be observed in the conduct of the
proceedings
A. Jurisdiction
Jurisdiction may be simply defined as the competence of an
office or body to act on a given matter or decide a certain question.
Without jurisdiction, the determination made by the administrative
bodies are absolutely null and without any legal effect whatsoever.
It is the legislature that has the power to confer jurisdiction upon
the administrative body and so limit or expand its authority.
It can be said that each administrative body has its own peculiar
jurisdiction as conferred upon it by the specific provisions of its
charter.
the
power
to
Chapter 6
Judicial Review
General Rules
An administrative decision may be appealed to the courts of justice
only if the Constitution or the law permits it or if the question to be
reviewed is a question of law.
However, jurisprudence is replete with cases where the Supreme
Court has applied the exceptions rather than the rule.
In the case of the constitutional commission, i.e., the Commission
on Elections, the Commission on Audit, and the Civil Service
Commission, it is provided that any decision order or ruling of
each Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within 30 days from receipt of a
copy thereof.
On the basis of Sec. 16 of the Interim Rules and Guideline
implementing Sec. 9 (3) of BP Blg. 129, the Court of Appeals may
review final decisions, orders, awards or resolutions or regional
trial courts and of all quasi-judicial bodies, except the Commission
on Elections, the Commission on Audit, the Sandiganbayan, and
decisions issued under the Labor Code of the Philippines and by
the Central Board of Assessment Appeals.
Other appeals are prescribed by special laws, such as RA No. 1125,
providing for appeal to the Court of Tax Appeals of any decision
rendered by the Commissioner of Internal Revenue, the
Methods of review
the doctrine of