Академический Документы
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by Ruben Agpalo
Chapter 1 INTRODUCTORY
GENERALLY
Administrative embraces all the law that controls, or is intended to control, the administrative
Law operations of government
Internal Admin legal aspects of public administration as a going concern
External Admin legal relations between administrative authorities and private interests
DEFINITIONS
Government of
refers to the corporate governmental entity through which the functions of
the Republic of
government are exercised throughout the Philippines
the Philippines
Agency of the refers to any of the various units the Government, including a department,
Government bureau, office, instrumentality, or a government-owned or -controlled
corporation, or a local government
Instrumentality refers to any agency of the National Government, not integrated within the
department framework and vested with special functions or jurisdiction by law
GENERALLY
3 Distinct
It is the duty of the legislature to make the law’ of the executive to execute the
Branches of the
law; and of the judiciary to construe the law.
Government
Separation of does not prohibit the delegation of some powers to the administrative
Powers agencies, empowering them to exercise administrative, investigatory, rule-
making or adjudicatory functions
Legislative
the power to make, alter, and repeal laws
Power
Judicial Power the authority to settle judicial controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of
wrongs for violations of such rights
DISCRETIONARY POWER
Discretion faculty conferred upon a court or other official by which he may decide a
question either way and still be right
An officer to whom discretion is entrusted cannot delegate it to another, the presumption being
that he was chosen because he was deemed fit and competent to exercise that judgement and
discretion, and unless the power to substitute another in his place has been given to him, he cannot
delegate his duties to another.
POWER OF INVESTIGATION:
EXECUTIVE POWER OF INVESTIGATION
The President has the power to order the conduct of investigation for a number of purposes, such
as for all administrative function for a number of purposes, such as for all administrative functions,
rule-making and adjudication.
The President may make investigations, not only in the proceedings of a legislative or judicial
nature, but also in proceedings whose sole purpose is to obtain information upon which future
action of a disciplinary, administrative, legislative or judicial nature may be taken. (Evangelista v.
Jarencio)
LEGISLATIVE POWER
Legislative - the power to male, alter, and repeal laws.
Power The Constitution provides that “the legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to extent reserved to the people by the provision on
initiative and referendum.
The doctrine of separation of powers prohibits the delegation of purely
legislative power.