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Administrative Law a branch of modern law which the executive department of the
government, acting in a quasi-legislative & quasi-quasi-judicial capacity, interfere with
the conduct of the individual for the purpose of promoting the well-being of the
community.
2 major powers of the administrative agency:
1. Quasi-legislative
2. Quasi-judicial
Administration is understood in two senses:
1. Institution administration is the aggregate of individuals in whose hands the reins
of the government are for the time being.
2. Function administration is the actual running of the government by the executive
authorities through the enforcement of laws and implementation of policies.
Administration vs Law
1. Law is impersonal command provided with sanctions to be applied in case of violation
while administration is preventive rather that punitive and accepted to be more personal.
2. Law maintains a watchful eye on those who would violate its order while
administration seeks to spare individuals from punishment of law by persuading him to
observe its commands.
QUARTER 2: ADMINISTRATIVE AGENCIES
Administrative Agency body endowed with quasi-legislative & quasi-judicial power
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 as it
authorizes to promulgate ruler & as a court because it performs functions of a particular
judicial character, as when it decides the factual & sometimes even legal question as an
incident of its general power of regulation.
CREATION: Constitution or Statute
ABOLITION:
If created by the CONSTITUTION itself, the administrative body can be altered or
abolished only by Constitution. But where the body was created only by
STATUTE, the legislature that breathed life into it can amend on even repeal its
charter, thereby resulting in its abolition w/c is justified if made in good faith.
CHAPTER 3
Quasi-legislature Power the authority delegated by the law-making body to the
admin body to adopt rules & regulates intended to carry out the provisions of a law &
implement legislative policy.
Quasi-judicial Power the power of the admin authorities to make determination of
facts in the performance of their official duties & to apply the law as they construe it to
the facts no found.
NON-DELEGATION OF POWER no department of the governement can abdicate
authority or escape responsibility by delegating any of its power to another body,
EXCEPT, when such delegation is authorized by Constitution.
CHAPTER 4: QUASI-LEGISLATIVE POWER
Quasi-Legislative Power the authority delegated by the law-making body to the
admin body to adopt rules & regulates intended to carry out the provisions of a law &
implement legislative policy.
Administrative regulation either interpretative of legislative
Legislative Rule in the matter of a subordinate legislation designed to implement
a primary legislation by providing the details of it.
- Accorded by courts or by express provision of statute the force & effect of law
immediately upon going into effect.
- Administrative body/agency is acting in a legislative capacity
Interpretative Rule designed to provide guidelines to the law which the administrative
agency is in charge of enforcing.
- purports to do no more than interpret the statute being administered, to say what
it means
- administrative agency is merely anticipating what must be done by the courts;
they are performing a judicial function
- inter-regulation is issued by the admin body as an incident of its power to enforce
the law & is intended merely to clarify its provisions for proper observance by the
people.
Supplementary regulation intended to fill in the details of the law and to make
explicit what is only general.
- Its purpose is to enlarge upon a statute, subject only to the standards fixed
therein, to ensure its effective enforcement in accordance w/ the legislative will.