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Administrative law – that branch of public law Administration:

which fixes the organization of government, 1. as an organization – the aggregate of


determines the competence of the those persons in whose hands the
administrative authorities who execute the law, reins of government are for the time
and indicates to the individual remedies for the being
violation of his rights. 2. as a function – the practical
management and direction of the
Constitutional law v administrative law executive department
1. CL prescribes the permanent
framework of the system of Administration v Politics
government, assigns to the different Politics has to do with policies or
departments their respective powers expressions of the State will. Administration
and duties and establishes certain has to do with the execution of those policies.
fixed first principles on which the
government is founded. It supplies the Administration of government v Administration
general plan of governmental of justice: lies in the nature of the activity of the
organization. AL sees that this plan is officers.
carried out into its minutest details.
2. CL prescribes limitations on the Government – agency or instrumentality by
exercise of governmental powers so which the will of the State is formulated,
as to protect the rights of individuals expressed and realized.
against abuse in their exercise; AL
prescribes to the individuals relief Law – prescribes the norm of conduct an
against violation of their rights. individual should have in his relation with other
3. CL lays emphasis on the rights of the individuals or with the State.
citizens; AL lays stress on their duties
to the government. Kinds of administration:
Internal – pertains mostly with public
Scope of AL: covers all the portion of the public officers charged with the administration and
law of the land concerning executive and execution of laws, such as their qualifications
administrative officials. and disabilities.
External – deals on problems of
Purpose: protection of private rights government regulations, such as the regulation
of lawful calling or profession, industries or
Subject matter: the nature and mode of business affairs with public interest and the
exercise administrative powers and the system like.
of relief against administrative action.
Administrative body – a body composed of one
Function: to make the government machinery or more officials designed to carry on certain
work well and in an orderly manner. business of government.

Origin: originates in legislation and to proceed Administrative body v court:


from the increased functions of government. 1. AB, has variety of functions; court,
only one function.
Power of adjudication: the authority to decide 2. AB uses a varying degree of
on controversies within the scope of their discretion in arriving at decisions and
activities. often proceeds without being bound
by the technical rules of evidence and
Kinds of AL: procedure; court, bound by the
1. constitutional and statutory technical rules.
enactments setting up administrative
authorities Test to determine whether an AB is
2. body of doctrines and decisions administrative or judicial:
dealing with the creation, operation Administrative – if its functions are
and effect of determinations and primarily regulatory even if it conducts hearing
regulations of such administrative and determines controversy to carry out its
authorities regulatory duty.
3. rules, regulations or orders of such Judicial – if its primary duty is to
administrative authorities enacted and decide legal rights between private parties
promulgated in pursuance of the affecting their property or liberty.
purpose for which they were created
or endowed
4. determinations, decisions and orders
of such administrative authorities
made in the settlement of
controversies arising in their particular
fields
Types of administrative bodies: discretion the administrative authorities may
1. offers some gratuity, grant or special exercise under the statute.
privileges - LMB
2. seeks to carry on certain business of Categories of rules and regulations:
government – BIR 1. Supplementary or detailed legislation
3. performs some business service for – those intended to supply the details
the public – PNR of legislation
4. seeks to regulate business affected 2. Interpretative legislation – those that
with public interest – LTC are intended to interpret or construe
5. seeks to regulate private business and the particular law or statute being
individuals – SEC enforced
6. seeks to adjust individual 3. Contingent legislation – those that are
controversies, because of some intended to determine some fact or
strong social policy involved – NLRC state of things upon which the
7. sets up to make the government a enforcement of the act shall depend.
private party – COA
Investigatory/inquisitorial powers:
Powers of AB: 1. issuance of subpoena
1. quasi-legislative – the power of 2. swearing in of witnesses
making rules and regulations to 3. interrogating of witnesses
govern a certain subject 4. calling for production of books, papers
2. quasi-judicial – power of adjudication, and records
to resolve factual questions in certain 5. requiring that documents be made
controversies in order to give effect to available for inspection
the effect to the mandate and policy of 6. inspecting premises
the law it is supposed to enforce 7. requiring written answers to
3. discretionary power and ministerial questionnaires
power – discretionary where the 8. requiring reports
officer is given authority to do any act 9. requiring filing of statements
but not required to do such act, the
doing of the same being dependent Requisites of due process in administrative
upon his sound discretion; ministerial proceedings:
where its discharge by the officer 1. impartial tribunal legally constituted to
concerned is imperative and requires determine the rights involved
neither judgment nor discretion on his 2. no finding shall be made except upon
part due notice and opportunity to be
4. investigatory or inquisitorial power – heard
power to inspect or to require the 3. procedure at the hearing shall be
disclosure of information by means of consistent with the essentials of fair
accounts or records trial
5. determinative powers – enabling 4. conducted in such a way that there
power, to permit or allow something will be opportunity for a court to
which the law undertakes to regulate determine whether the applicable
to be done with their approval; rules of law and procedure were
directing power, includes corrective observed
powers, power of assessment, power
of abstract determination; dispensing *The right to a hearing embraces not only the
powers, power of granting exemptions right to present evidence but also a reasonable
from or relaxing of a general opportunity to know the claims of the opposing
prohibition; examining powers, party and to meet them.
investigatory powers which consist in
requiring the production of books, Cardinal rights of a person appearing before an
papers, records for inspection and administrative body:
attendance of witnesses and summary 1. The right to a hearing, which includes
powers, power to apply compulsion or the right to present one’s case and
force against person or property to submit evidence in support thereof.
effectuate a legal purpose without a 2. The tribunal must consider the
judicial warrant to authorize such evidence presented.
action. 3. The decision must have something to
support itself.
*If the law is incomplete, unlawful delegation of 4. The evidence must be substantial.
power can be avoided if the legislature sets the 5. The decision must be rendered on the
policy or purpose of the law and fixes the legal evidence presented at the hearing or
principles which are to control in given cases at least contained in the record and
by setting upon standards or guides to indicate disclosed to the parties affected.
the extent, and prescribe the limit of the 6. The tribunal or any of its judges must
act on its or his own independent
consideration of the law and facts of *Findings of facts made therein must be
the controversy, and not simply accept respected, so long as they are supported by
the views of a subordinate in arriving substantial evidence.
at a decision.
7. The tribunal should, in all controversial Grounds for review: gross abuse of discretion,
questions, render its decision in such fraud or error of law
a manner that the parties to the
proceedings can determine the *Courts have no supervising power over the
various issues involved and the proceedings and actions of the administrative
reasons for the decision rendered. departments of the government. This is
generally true with respect to acts involving the
Instances where notice and hearing in exercise of judgment or discretion, and findings
administrative proceedings are not required: of fact.
1. warrantless arrest
2. distraint of property of delinquent When courts may review administrative
taxpayers decisions: to determine;
3. granting of preliminary attachment ex 1. constitutionality or validity of any
parte treaty, law, ordinance, executive order
4. granting of preliminary injunction ex or regulation
parte 2. jurisdiction of any administrative
5. suspension of officers or employees board, commissioner or officer
pending an investigation 3. question of law
6. removal of an acting employee 4. questions of facts when necessary to
7. cancellation of passport determine either constitutional or
jurisdictional issue, the commission of
Substantial evidence – more than a mere abuse of authority and when the
scintilla. It means such relevant evidence as a administrative fact-finding body was
reasonable mind might accept as adequate to unduly restricted by an error of law.
support a conclusion.
Judicial review is not trial de novo: It is merely
Doctrine of exhaustion of remedies – Where an ascertainment of whether the findings of the
the law provides for the remedies against the administrative agency are consistent with law,
action of an administrative board, body or free from fraud or imposition and supported by
officer, relief to courts against such action can evidence.
be sought only after exhausting all the
remedies provided for. *Departments are established for the proper
distribution of the work of the President.
Basis: The doctrine rests upon the presumption
that the administrative body, board or officer, if President as Department Head; President of
given the chance to correct its mistake or error, the Senate – Department Head of the
may amend its decision on a given matter and permanent force of employees of the Senate
decide it properly. and the Senate committees acting during
recess; Speaker – Department Head of the
Exceptions: permanent force of employees of the House of
1. Where the law does not make such Representatives; Chief Justice – Judicial
remedy a condition precedent to Department Head
judicial resort.
2. Where only private lands are involved. Qualifications of Cabinet Members:
3. Doctrine of qualified political agency 1. resident of the Philippines
or alter ego doctrine. continuously for 3 years prior to
4. Where the only question to be settled appointment
is a purely legal one. 2. not less than 30 years old
5. Where the action of the administrative
officer is clearly and obviously devoid Under-Secretarial System: There shall be in
of any color of authority. each Department one or more undersecretaries
6. When the administrative body is in as the Appropriations Act may provide, who
estoppel to invoke exhaustion of shall perform such duties as may be assigned
administrative remedies. to them by the Secretary and such as may be
7. If its application will cause great and imposed to them by law.
irreparable damage.
8. Where insistence on its observance
would result in the nullification of the
claim being asserted.
9. Where the exhaustion of
administrative remedies results in
denial of due process.
General powers, duties and privileges of 1. admin law
Secretaries: 2. consti v admin law(3)
1. Initiative of the Secretary 3. scope
2. Power to regulate 4. purpose
3. Power of direction and supervision
4. Power to appoint and remove
5. subj matter
5. Power to change distribution of 6. function
subordinates 7. origin
6. Power to execute government 8. power of adjudication
contracts 9. kinds of AL
7. Privilege to appear in either House of 10. administration (2)
Congress 11. administration v politics
8. Submission of estimates for 12. admin of govt v admin of justice
appropriation 13. govt
9. Submission of reports
14. law
Classes of administrative ordinances: 15. kinds of administration
1. Those administrative orders and 16. admin body
regulations consisting of commands 17. admin body v court
from a superior to his subordinates. 18. tests if admin or judicial
2. Those which are issued by the 19. types of admin bodies (7)
superiors not only to the subordinate 20. powers of AB(5) + 5
officials but likewise to private 21. categories of rules and regu (3)
individuals, for the faithful compliance 22. investigatory powers (9)
of the statute.
23. requisites of due process in admin
Requisites for the validity of administrative proceedings (4)
orders and regulations 24. notice and hearing not required (7)
1. The authority of the administrative 25. substantial evidence
officer to make such rules and 26. doctrine of ER and basis
regulations must be based upon some 27. exceptions (9)
legislative act. 28. grounds for review (3)
2. The rules and regulations must follow 29. when courts may review admin
and be within the scope and purview decisions
of the Act.
30. judicial review not trial de novo
Requisites for the validity of the penalty for 31. purpose of establishing
violation of administrative regulations departments
1. The law should itself authorize the 32. qualifications of cabinet members
imposition of a penalty for their 33. under-sec system
violation. 34. power, duties and privileges of
2. The law itself must fix the extent of the secretaries
penalty. 35. classes of admin ordinances
3. The rules and regulations must be 36. Requisites for the validity of
published in the Official Gazette. administrative orders and regulations
37. Requisites for the validity of the
*A department order which is not of general penalty for violation of administrative
application is still valid even if not published in regulations
the Official Gazette. 38. Designation of employee or
subordinate official by the chief of bureau
Designation of employee or subordinate official or office
by the chief of bureau or office: 39. Powers and duties of chief of bureau
1. temporary absence of subordinate
officers
2. filling of vacancies

Power and duties of chief of bureau:


1. exercise general supervision
2. authority to prescribe forms and make
regulations
3. to prescribe the form and fix amount
of bond
4. execution of government contracts
5. submit official reports