ADMINISTRATIVE LAW OUTLINE

(Prepared by: Ma. Kriska Angela H. Tumamak)

I.

GENERAL PRINCIPLES
1.) Administrative law Defined
2.) Scope of Administrative Law
3.) Sources of Administrative Law
A. Constitutional or statutory enactments creating administrative bodies

B. Decisions of courts interpreting the characters of administrative bodies and

defining their powers, rights,inhibitions, among others, and the effects of their
determinations and regulations

C. Rules and regulations issued by the administrative bodies in pursuance of the

purposes for which they were created

D. Determinations and orders of the administrative bodies in the settlement of

controversies arising in their respective fields

4.) Kinds of Administrative Law

II.

ADMINISTRATIVE AGENCIES
1.)
2.)
3.)
4.)
5.)
6.)
7.)

Administrative bodies or agencies defined

Criterion
Purpose
Classification or Common Types of Administrative Agencies
Degree of Control of the Legislature over Administrative Agencies
Creation
Reorganization and Abolition
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III.

ADMINISTRATIVE AGENCIES AND THE PRINCIPLES OF SEPARATION AND

NON-DELEGATION OF POWERS
A. Three Broad Segments of the Study of Administrative Law
B. Principles of Separation and Non-delegation of Powers, How Applied in
Administrative Agencies
C. Most Common Limitations Imposed by the Constitution
D. Rule of Non-Delegation of Powers
d.1
Is the prohibition provided by the Rule absolute?
d.2
Exceptions to Non-Delegation of Powers by legislature
1. Permissible delegation
2. Local Governments
3. Fill up details
4. Administrative Bodies
5. Ascertain Facts and Events to determine the Applicability of Law
6. People at Large
d.3
Tests of Validity of Delegation of powers
E. Powers vested in the Legislature by the Constitution which cannot be delegated
to Admin agencies
F. Clear Legislative Intent to Delegate

IV.

POWERS OF ADMINISTRATIVE AGENCIES OR BODIES

1.) QUASI-LEGISLATIVE OR RULE-MAKING POWER
A. Nature
B. Test in Determining the Nature of the Power
C. General Kinds of Administrative Rules & Regulations
D. Requisites for the Validity of Administrative Rules and Regulations
E. Notice and Hearing
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e.1
e.2

When Required
When NOT Required

F. Power to fix Rates and Charges

G. Can Administrative Agencies promulgate Administrative Rules with Penal
Sanctions?
g.1
Requisites for the Validity of Administrative Regulations with Penal
Sanctions
H. Publication of Administrative Rules and Regulations
h.1
When Necessary
h.2
When NOT Necessary
I. Legal Force and Effect of Administrative Rules and Regulations
i.1
Administrative Interpretative Rulings
i.2
Construction of Administrative Rules and Regulations
i.3
How it is repealed
2.) QUASI-JUDICIAL or ADJUDICATORY POWER
A. Nature
B. Quasi-judicial vs Judicial Power
C. Administrative Rule-Making vs Quasi-Judicial Power
D. How it is conferred
E. limitations of the Quasi-Judicial Powers
F. Classifications of Adjudicating Powers
-Adjudicatory or quasi-judicial powers also called determinative powers are generally
classified into:
(1) Enabling Powers; and
(2) Directing Powers
- Kinds of Directing Power
G. Nature of the Administrative Proceedings in the Exercise of Quasi-Judicial
Powers
H. Can jurisdiction of Admin agencies be affected by the Consent, Waiver or
Estoppel of the party litigants?
I. Effect on the Jurisdiction of Administrative Agencies by the Expiration of a
Law providing for such jurisdiction
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J. Due Process in Administrative Proceedings

j.1
Elements of Administrative Due Process
j.2
Requisites of Administrative Due Process (Ang TIbay vs CIR)
K. Notice and Hearing NOT Required in ALL cases of Administrative
Determinations
k.1
Examples of administrative determinations that even without prior notice
and hearing are still valid
L. Right against self-incrimination
M. Rules on Pleadings followed in courts
N. Presentation of Evidence in Administrative Proceedings
O. Quantum of Evidence required in Administrative Proceedings
P. Required Form of Administrative Determinations
Q. Presidents Power to Control Executive Departments, Bureaus and Offices
Independent of Statutory Authority
-Art 7, Sec. 17 (1987 Constitution)
R. Power to Punish Contempt
S. Administrative Decisions NOT part of the Legal System
T. Administrative Appeal and Review
U. Principle of Res Judicata

ADMINISTRATIVE ENFORCEMENT AND SANCTIONS

1. How enforced
2. Methods of Enforcement of Admin Determinations
3. Power of Admin Agencies to Require Attendance of Witnesses, Compelling
Testimony, and Production of Evidence in General

VI

JUDICIAL REVIEW
1. Meaning of Judicial Review of Administrative Actions
2. Basic Concepts of Judicial Review
3. Main Sources of Judicial Review
4. When is Judicial Review proper, generally
5. Conditions for the Exercise of Judicial Review
A. Principle of Finality of Administrative Action

a.1

Exceptions and Limitations

B. Doctrine of Exhaustion of Administrative Remedies

b.1
Exceptions
C. Distinguish between the Principle of Finality and Exhaustion
D. Doctrine of Primary Administrative Jurisdiction or Prior Resort
d.1
Limitations on Prior Resort
E. Distinguish the Doctrine of Prior Resort from Exhaustion
6. Classifications or Methods of Obtaining Relief from or a Review of
Administrative Actions
1) Statutory or Non-Statutory Methods;
2) Direct or Collateral methods
7. Grounds for Review in the ABSENCE of Valid Statutory Provisions
8. Scope of Judicial Review
9. Questions Subject to Review

A. Questions of Law
B. Questions of Fact
C. Mixed Questions of Law and Fact
10. Judicial Review NOT Considered Trial de Novo