CHAPTER 1

c. It is the Law Concerning the powers

Concept of Administrative Law and procedures of administrative
agencies including specifically the law
Admin Law – belongs to the field of governing judicial review of admin
public law1 which includes CONSTI action.
LAW, CRIM LAW, and INTERNATIONAL
LAW. Generally Understood – AL means that
part of law w/c governs the organisation,
Widest Sense – The entire system of laws functions, and procedures of
under w/c the machinery of the State administrative agencies of government
works and by w/c the State performs all to which quasi-legislative powers are
government acts. It embraces all laws delegated and quasi-judicial powers are
that regulate or control the granted, and the extent and manner to
administrative organization and which such agencies are subject to
operations of the government including control by the courts.
the legislative and judicial branches

Very Broad Definition – The law w/c Scope of Administrative Law

provides the structure of government
and prescribes its procedure. The law Administrative Law embraces not only
w/c controls or is intended to control the the law that governs admin authorities
admin operations of the government or but also the law made by administrative
“the law of governmental authorities2 whether of general or
administration” particular applicability.

Less Comprehensive Sense – AL has

been referred to as part of public law w/c 1. The Law which fixes the
fixes the organization and determines administrative organization & structure
the competence of the admin auth and of the government;
indicates to the individual, remedies for
violation of his rights 2. The Law, the execution or
enforcement of which is entrusted to the
Narrower or More Limited Signification – administrative authorities;
a. That branch of modern law under w/c
the executive department of government 3. The law which governs public
acting in a quasi-legislative or quasi- officers including their competence (to
judicial capacity, interferes with the act), rights, duties, liabilities, election
conduct of the individual for the purpose etc;
of promoting the well-being of the
community, as under laws regulating 4. The law which creates
pub corps, business affected with a administrative agencies, defines their
public interest, professions, trades and powers and functions, prescribes their
callings, rates and prices, law for the procedures, including the adjudication
protection of the public health and or settlement by them of contested
safety and the promotion of the public matters involving private interests;
convenience and advantage.
5. The law which governs judicial review
b. That system of legal principles to of, or relief against, administrative
settle the conflicting claims of executive actions or decisions;
and administrative authority on the one
hand and of individual or private rights 6. The rules, regulations, orders and
on the other. decisions (including presidential

1 2
Public Law is that branch of law which regulates Is meant all those specific officers and agencies of
that relations of the state with its objects. PL the government that are charged with the
concerns itself with rights of the State as an entity amplification, application and execution of the law,
representing the organized community and the but to not include, by virtue of the doctrine of
relations of the individual members of such separation of powers, Congress and the regular
societarian organization to it. courts.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
1
 proclamations) made by administrative GOVERNMENT &
authorities dealing with the DUTIES OF THE
interpretation and enforcement of the CITIZENS
laws entrusted to their administration;
CL prescribes AL indicates to
7. The body of judicial decisions and limitations on the INDIVIDUALS the
doctrines dealing with any of the above; powers of the REMEDIES for the
GOVT to protect VIOLATION of
8. The body of judicial decisions and the rights of their RIGHTS.
doctrines dealing with any of the above. individuals against
ABUSE

Concerns of Admin Law Penal Law vs Admin Law

1. Private Rights
2. Delegated Powers and Combined Penal Law (PL) Admin Law (AL)
Powers
PL consist really a AL may have a
body of penal penal provision
Admin Law vis-a-vis International Law sanctions which therein as means
are applied to all to enforce a rule
Admin Law International Law branches of the w/c is still
(AL) (IL) law, including AL administrative in
character
AL lays down the IL cannot be
rules which shall regarded as
GUIDE the binding upon the Public Administration vs Admin Law
OFFICERS of the officers of any
Administration in government Public
their actions as considered in their Administration Admin Law
agents of the relation to their (PA) (AL)
Government. own government
except in so far as PA has something AL, in its TRUE
it has been to do with: FIELD, refers
adopted into the ONLY to the
administrative law 1.The PRACTICAL EXTERNAL
of the state. MANAGEMENT ASPECT of Public
and DIRECTION of Administration. AL
Admin Law vs Consti Law3 the VARIOUS is thus a narrower
ORGANS of the branch but it
Consti Law Admin Law STATE; CONSTITUES the
(CL) (AL) BULK of LAW of
2. EXECUTION of PA.
CL prescribes the AL GIVES & STATE POLICIES
GENERAL PLAN or CARRIES OUT by the Executive
FRAMEWORK of THIS PLAN in its and Administrative
GOVERNMENTAL MINUTEST Officers entrusted
ORGANIZATION DETAILS w/ such functions.

CL treats of the AL treats them Principal Subdivisions of

rights of the from the Administrative Law
individual; standpoint of the
powers of the 1 .General;
Stress Upon the government; 2. Law of Internal Administration; and
RIGHTS 3. Law of External Administration.
EMPHASIZE ON
POWERS of

3
Insofar as it fixes or regulates the administrative SUPPLEMENTS CONSTI LAW as it determines the
organization of the govt, admin law is the rules relative to the activity of the Admin
necessary SUPPLEMENT of CONSTI LAW. It also Authorities
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
2
 General – The 2 aspects of problems of administrative
Administrative Law is RELATIVE rather regulation, rather than with
than ABSOLUTE. These two are closely those of administrative
INTERRELATED and at many points management.
quite INSPERRABLE, especially TRUE
when it comes to law on Public Officers. PARTS –
a. First – A survey of those
Law on Internal Administration powers and duties of
It treats of legal relations administrative authorities that
between the government and its relate directly to private
administrative officers, and of the legal interests;
relations that one administrative officer b. Second – An analysis of the
or organ bears to another. scope and limits of such powers;
c. Third – Some account of the
LEGAL ASPECTS of PUBLIC sanctions attached to, or the
ADMINISTRATION - means of enforcing, official
a) It considers the LEGAL ASPECTS of PA determinations; and
on its institutional side. This includes d. Fourth - An Examination of
the legal structure or organization of the remedies against official
PA; the legal aspects of its institutional action.
activities4
Classification of Administrative Law
b) It comprehends such topics as the
nature of public office, de jure and de 1. As to Source;
facto officers and incompatible and 2. As to Purpose;
forbidden offices. Legal qualifications 3. As to Applicability;
for office; legal disqualifications of
officers; the appointment, tenure, As to Source:
removal, compensation, and One classification frequently
pensioning of officers; the legal aspects presented draws a line between the LAW
of a hierarchical form of departmental that GOVERNS OR CONTROLS them,
and that WHICH is MADE by
organization; the legal relation of the
ADMINISTRATIVE AGENCIES:
SUPERIOR to a SUBORDINATE; Legal
relation between the Power of Removal
 The AL that Controls
and the Power of Direction or
Administrative Authorities –
Administrative Management.
e.g. - Constitution5,
- Statutes6,
Law on External Administration - Judicial Decisions,
It is concerned with the legal - Executive Orders of the
relations between administrative President,
authorities and private interests. - Administrative Orders of
Administrative Superiors7
PRINCIPAL CONCERN – AL is
principally concerned with the

4
Personnel, Material, Fiscal and Planning Activities; expressed in writing. It is a written law passed by a
and Legal Questions involved in overall legislature. Statutes set forth general propositions
management of these activities. of law that courts apply to specific situations. A
5
Constitution- The fundamental law, written or statute may forbid a certain act, direct a certain act,
unwritten, that establishes the character of a make a declaration, or set forth governmental
government by defining the basic principles to mechanisms to aid society. A statute begins as a bill
which a society must conform; by describing the proposed or sponsored by a legislator. If the bill
organization of the government and regulation, survives the legislative committee process and is
distribution, and limitations on the functions of approved by both houses of the legislature, the bill
different government departments; and by becomes law when it is signed by the executive
prescribing the extent and manner of the exercise officer. When a bill becomes law, the various
of its sovereign powers. provisions in the bill are called statutes.
6 7
Statute - An act of a legislature that declares, Giving Directions to Administrative Subordinates
proscribes, or commands something; a specific law,
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
3
  The AL made by
Administrative Authorities8 -
- Presidential Proclamations9
- Rules of Practice and Decisions
of - Administrative Tribunals
- Cease-and-Desist Orders of
Securities and Exchange
Commission
As to Purpose:
 Procedural Administrative
Law10 (Adjective) – It is derived
from Constitution or a Statute or
from Agency Regulations11
 Substantive Administrative
Law – It is derived from same
sources as above12 but contents
are different in that the law
establishes primary rights and
duties, such as the conditions
under which a broadcaster may
operate or the labor practices in
which employers and unions
must not indulge.
As to Applicability13:
 General Administrative Law –
It is part of Admin Law which is
of general nature and common to
all, or most, admin agencies.
It includes:
- Provisions w/c interpret the
mandate of the Constitution that
there must be “due process of
law” >> which establishes the
exhaustion of administrative
remedies.
 Special or Particular
Administrative Law – It is that
part of Admin Law that pertains
to particular agencies. It
proceeds from the particular
statute creating the individual
agency and thus, has little or no
8 11
AL made by administrative authorities includes
both GENERAL REGULATIONS and PARTICULAR
DETERMINATIONS. It constitutes, under
delegations of power embodied in statutory
administrative law, an imposing and constantly
expanding body of law.
9 13
Issued under the Flexible-Tariff Clause
10
It establishes the procedure which an agency
must or may follow in the pursuit of legal purpose.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
application except in connection
with such agency.
Most substantive ALs fall within
this group as well as procedural
provisions that are to be applied
only by a given agency in cases
falling under its jurisdiction.
Examples:
- Law regulating immigration.
They prescribe the conditions
and restrictions under which
aliens may be admitted to and
excluded or deported from this
country. Laws therein also
contain procedural provisions
setting forth, for instance, how
the government must proceed if
it wishes to deport an alien and
what administrative remedies
the alien may exercise and within
what time, etc,
Origin and Development of
Administrative Law
1. Recognition Given as a Distinct
Category of Law
2. Multiplication of Government
Functions
3. Growth and Utilization of
Administrative Agencies
4. Fusion of Different Powers of
Government in Administrative
Agencies
5. A Law in the Making
6. Philippine Administrative Law
Discussion:
Recognition Given as a Distinct
Category of Law – “Administrative Law
is of Comparatively Recent Origin”14
Regulation - A rule of order having the force of
law, prescribed by a superior or competent
authority, relating to the actions of those under the
authority's control.
12
Constitution or a Statute or from Agency
Regulations
Administrative Law, here, is the law that governs
and is APPLIED by all the admin agencies.
14
CASE: Mendoza vs Dizon 77 Phil 533
4
 It is only in the last few decades with the
rapid expansion of administrative
agencies and their increased functions
that a Substantial body of jurisprudence
has developed in the field and general
recognition has been given to ADMIN
LAW as a distinct category of law
Multiplication of Government
Functions – As modern life became
more complex, the subjects of subject of
govt regulations correspondingly
increase, which caused a multiplication
of government function, requiring an
enormous expansion of public
administration. The legislature had to
create more and more administrative
bodies, boards, tribunals specialized in
the particular fields assign to them and
to which the legislature and the courts
were found no to be equipped to
administer properly and efficiently
Growth and Utilization of
Administrative Agencies
- AL has developed as the natural
accompaniment of the growth of
administrative agencies and their
utilization in response to the needs of a
changing society. AL has developed in
response to the need for broad social or
governmental control over complex
conditions and activities which cannot
be dealt with in effectively by the
legislature nor the judiciary. AL deals
with issues ought to be decided by
experts and not by a judge (at least not
in the first instance or until facts have
been sifted and arranged). One thrust of
the multiplication of administrative
agencies is that the interpretation certain
contracts and agreements and the
determination of private rights under
them is no longer a uniquely judicial
function exercisable only by regular
courts15
Fusion of Different Powers of
Government in Administrative
Agencies – AL then resulted from the
increased functions of the government,
the recent tremendous growth in admin
agencies, and the fact that the agencies
created in this period of growth were
much more than conventional
15
Realty Exchange Venture Corp vs Sendino, 233
SCRA 665 (1994);
Antipolo Realty Corporation vs NHA, 153 SCRA 399
(1987),
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
administrative officials such as had
existed under earlier legislation.
a. Provocative Fusion of Different
Powers of Government - with their
extensive investigation, rule-making and
adjudicating powers
b. Power to Promulgate Rules and
Regulations - vested with this power to
better carry out some legislative policies
and to decide on controversies w/in the
scope of their activities.
c. Bulk of Administrative Law -
- Laws which created Admin
Agencies;
- Rules and Regulations
Promulgated by Admin Agencies;
- Body of Decisions rendered in
the adjudication of cases brought before
them.
A Law in the Making
AL is still in its formative stages and is
being developed as part of our
traditional system of law. The
administrative process and its agencies
are new comers in the field of law but
admin agencies are now established as
very important tribunals in the
administration of justice, making
decisions sometimes of vast importance
and equal matters determined by the
courts.
Philippine Administrative Law –
A substantial part of the principles of
administrative law in the Philippines is
derived from American and English
Jurisprudence, it has persuasive force in
our jurisdiction (not controlling)
Scope of Administrative Process
Includes the whole series of acts of an
Admin Agency whereby the legislative
delegation of a function is made effectual
in particular situations. It embraces
matters concerning the procedure in the
disposition of both routine and
Philippine International Trading Corporation v
Angeles, 263 SCRA 421 (1996),
Christian General Assembly, Inc. vs Ignacio, 597
SCRA 266 (2009).
5
 contested matters and the matter in
which determinations are made,
enforced, and reviewed.
Advantages of Administrative Process
1. Advantages of Admin Adjudication
as compared with Executive Action -
the Congress has resorted to the
administrative process as an alternative
to executive action not only in the matter
of benefits (patents, public lands, and
social security, tax administration, labor
relations)
2. Limitations upon the powers of the
courts. – Congress has entrusted the
administration of some laws to admin
agencies when it might have entrusted
to the courts, for their administration is
of such nature that it could have taken
form of “cases and controversies”
cognizable by the courts of law
“exercising judicial power”. This is not
the case however with the issuance of
rules and regulations of general
applicability, the fixing of rates or
prices16
3. Trend toward preventive
legislation.
a. Ripeness for Judicial Relief – the
existence of the crim law may have a
deterrent effect but then it does not all
the law can do is to impose punishment
after the crime has been committed.
b. Need for more effective and
flexible preventive remedies – the
desire for more effective and more
flexible preventive remedies has been a
factor in the creation of many admin
agencies:
MARINA – makes it possible for
reasonable freight and passenger rates
to be fixed in advanced17
SEC – administers the requirement that
is issuers of securities tell the whole
truth in advance, in preference to
leaving purchasers to their limited
16
All these functions involve discretion with respect
to future conduct hence will not be taken by the
courts. Hence juridical process is not an alternative
to the administrative process.
17
Instead of leaving shippers and passenger to
undergo the expense of suing the ship owner to
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
action at law against the sellers who
made false statements about the
securities. For such preventive methods,
admin agency is needed.
Licensing – Prevention is also the major
purpose of licensing statutes. It is clearly
preferable to assure in advance, by
licensing, the competence of airplane
pilots than to let anybody fly a plane and
punish a negligent pilot after a terrible
accident.
4. Limitations upon effective
legislative action – Many admin
functions could not be directly
performed by Congress but others 18
could be performed by the Congress.
Instead of delegating rule-making
power, Congress could, in principle,
incorporate regulatory details into the
statutes. However, there are inherent
limitations in the legislative process w/c
make it a practical impossibility for
congress to do all the things it
theoretically could do.19 That is why the
congress delegates this wide power to
the admin agencies for if not, it might
lose itself in details to the detriment of
its indispensable functions of
determining basic policy and holding
admin agencies accountable for the net
results.
5. Limitations upon exclusively
judicial enforcement – A single admin
agency can assume the responsibility for
the enforcement and can develop,
subject to judicial review, uniform
policies in carrying out of that
responsibility.
6. Advantages of continuity of
attention and clearly allocated
responsibility. – Admin agencies have
the time and facilities to become and to
remain continuously informed, and they
can be given unified responsibility for
effectuating the broad policies laid down
by Congress (e.g. NTC, NLRC, and
Insurance Commission), these agencies
recover the difference between the rate charges
and the reasonable rate.
18
Fixing rates, deciding money claims
19
These limitations include lack of time and
specialized knowledge, lack of staff.
6
are informed by experience and have
continuous responsibility for enforcing
public policies.
7. Need for organization to dispose of
volume of business and to provide the
necessary records. – example are SSS
and SEC. SSS must have the specialized
staffs and machinery to keep and make
available the records upon which
judgment on thousands of claims and
applications must be bases. In
registration of Securities, the SEC must
be organized to collect and collate huge
masses of data available for immediate
reference by clerks, accountants,
analysts, oil and gas experts etc.
Criticism against Administrative
Process
1. Tendency Towards Arbitrariness;
2. Lack of Legal Knowledge and
Aptitude in Sound Judicial Technique
3. Susceptibility to Political Bias or
Pressure often brought about by
uncertainty of tenure;
4. A disregard for the safeguards that
insure a full and fair hearing;
5. Absence of standard rules of
procedure suitable to the activities of
each agency; and
6. A dangerous combination of
Legislative, Executive and Judiciary.
Relation between Admin Agencies and
the Courts
1. Collaborative Instrumentalities –
Both are to be deemed collaborative
instrumentalities of justice.
Collaboration of Judicial Power and
Function with the Admin Process is a
necessary part of today’s legal system,
and the appropriate independence of
each should be respected by the other,
2. Role of Courts – relation of both is
not that of upper and lower courts. The
role of the courts is:
a. To accommodate the admin
process to the traditional judicial
system;
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
b. to accommodate private rights and
the public interest in the powers reposed
in admin agencies;
c. to reconcile in the field of admin
action, democratic safeguards and
standards of fair play with the effective
conduct of government;
3. Discharge of Judicial Rule – the
Courts must aim:
a. To maintain the Constitution by
seeing that powers are lawfully vested in
the agencies and to maintain the
constitutional and statutory rights of
persons by seeing that powers lawfully
vested in admin agencies are lawfully
exercised ;
b. To give due deference to the role of
the administrative agencies and not to
usurp or unlawfully limit the powers and
functions lawfully vested in them, or
interfere with the proper exercise of their
valid powers.
c. To lend the powers of the court to
the proper attainment of the value
objectives of the admin agency; an
d. To leave to the legislature or the
people the remedy for admin action
which may be unwise or undesirable but
is w/in the lawful powers of the agency.
The courts are not advisers of the admin
agencies.
Administration of Government
distinguished from Administration of
Justice
Admin Officers – those charged with
the administration of the govt.
Judicial Officers – those charged with
the administration of justice.
Nature of Work:
AOJ – the work done consists in the
decision of controversies between
individuals and government offices, as
the to the applicability in the cases in
question of a particular rule of law. All
Judicial officers have to do is to
determine what law is applicable to the
facts.
7
 AOG – The work done is not necessarily,
or even often, the result of any
controversy and is not merely dependent
on the solution of the question “what is
the law” but made also as a result of
consideration of expediency. Admin
Officers must determine what is the law
in order to know whether they are
competent to act and they must decide
whether in case they are competent to
act, it is wise for them to act.
Administration as a Separate Power
Viewed in Two Senses:
1. As a Function – administration is the
execution in non-judicial matters, of the
law or will of the State as expressed by
the competent authority. As a function,
administration may be external or
internal. It is the activity of the executive
officers in action as opposed to
deliberation or rendering a decision.
Thus it is found in all manifestations of
executive function. Administration had
to do with the carrying of law into effect
– their application to the current affairs
by way of management and oversight,
including investigation, regulation and
control in accordance with and in
execution of the principles prescribed by
the lawmaker;
2. As an organization – Administration
means popularly the most important
administrative authorities. It is that
group or aggregate of persons in whose
hands reins of the govt are for the time
being. It is the entire admin org
extending from the Chief Executive
down to the most humble subordinates.
In short, Administration is both the
FUNCTION of the Execution of the Law
(or management of government affairs)
and the TOTALITY of the EXECUTIVE
and ADMINISTRATIVE AUTHORITIES.
Administration as an organization
distinguished from the Government
20
Is the term used generally to describe an agency
exercising some significant combination of
executive, legislative, and judicial powers. It is a
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
Govt – refers to that “institution or
aggregate of institutions by w/c an
independent society makes and carries
out those rules of action w/c are
necessary to enable men to live in a
civilized state, or w/c are imposed upon
the people forming that society by those
who possess the power or authority of
prescribing them. Govt is the aggregate
of authorities which rule the society.
Administration - refers to the aggregate
of those persons in whose hands the
reins of government are entrusted by the
people for the time being.
CHAPTER 2
NATURE AND ORGANIZATION OF
ADMINSITRATIVE AGENCIES
A. STATUS AND CHARACTERISTICS
Creation, Reorganization, and abolition
of Admin Agencies (AA)
1. In General – Some AA are created by
or receive their powers from
Constitutional Provisions which may
be self-executing OR from Legislative
Enactments. Executive MAY also
create AA unless there’s a statute
providing for it.
2. AA of Statutory Origin – Congress,
at will, may expand, contract, reorganize
or abolish AA, hamstrung only by
Constitutional Limitations. Usually,
Congress vests power to the President to
reorganize executive agencies and
redistribute functions. Congress can
delegate power to create positions.
Meaning of Admin Agency20
1. It covers boards, commissions,
divisions, bureaus, and departments,
office and authority. Some asserts that
the Administrative is the 4th Power of
the govt (quasi-legislative and quasi-
judicial).
2. Term is usually employed to denote
the functionaries with which admin
law is concerned (e.g. administrator,
admin body, administrative tribunal).
govt body charged with administering and
implementing particular legislation.
8
 it may be significant with respect
3. Under Admin Code of 1987, Agency to other related questions.
of the Govt is used to refer to any of the
various units of the Govt, including a 2. As judicial bodies or courts – AA are
department, bureau, office, just that, and are not courts or part of
instrumentality or government-owned or the judicial system
–controlled corpo or a local govt of a
district  Not courts in the strict sense
– AA cannot exercise purely
judicial functions and does not
have inherent power of the court,
Admin Agency/Body vis-à-vis Court are not bound by technical rules
of procedure. Some AA’s are not
AA Court even held to constitute courts
AA is generally a Court is a because their main function is to
large tribunal w/c is represent a particular public
organization presided by one interest or because of their
staffed by men or more jurists investigatory powers or because
who are deemed learned in the they exercised comingled legis,
to become law exec, and judicial functions.
experts in their  They are courts in broad sense
fields – AA’s exercising adjudicatory
Performs Variety Only one powers are judicial bodies or
of Functions function - courts in the broad sense as they
Judicial exercise powers judicial in
Uses varying More or less nature and perform functions
degree of governed by fixed same as a court and their
discretion in rules in arriving proceedings partake of the
arriving at at decisions and nature of judicial proceedings.
decisions w/o bound by the  Functions primarily regulatory
being bound by rules21 – AAs function is primarily
technical rules of regulatory even if it conducts
procedure hearings and decides
controversies to carry out this
Status or Character of Particular duty.
Admin Agencies22
3. As legislative or executive agencies –
1. As public or governmental agencies – While admin agencies are separable
generally, they may be said to be from judicial branch, they are quasi.
agencies of the state/govt. Certain AAs are deemed to be agents of
 Representing no private rights of the legislative branch or executive
their own but functioning or branch.
acting within the scope of
their auth for or behalf of the 4. As independent or subordinate bodies
government. – the term “admin agency” or
 The term “admin agency” has “commission” is often used either to
customarily been restricted to designate an agency independent of the
persons vested under a statute executive branch or one not subject to a
with the real power to act for superior head of dept. in
the govt. contradistinction to subordinate the
latter term being applied to a body
 The form of the agency takes, or
the function it performs is not whose actions are subject to admin
determinative of the question review or revision.
whether it is an agency, although

21
That no final adjudication is to be made until after statutory provisions creating them and the powers,
due notice to the parties with opportunity for full rights, duties, liabilities, or functions conferred on
and fair hearing them
22
To a large extent, Status and character of AA
depend on the terms of the constitutional or
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
9
 5. As corporate bodies or legal entities –  AA cannot be specialist in all
Some AA are bodies corporate with legal phases of work but specialist
capacity to sue and be sued. must be immediately available to
them. The reality that many
persons in the agency other than
Main Characteristics of AAs the agency heads must do the
bulk of work. When heads to the
1. Size – Many AAs are necessarily large bulk of the work, they rob
and it reflects both jurisdiction and themselves of time essential for
character of their work. Staffs here their most important tasks
include many people performing variety  Predominant Feature: Delegation
of tasks. of Function and Authority –
admin body or agency includes
2. Specialization – AA specialize. Their subordinate officials upon whose
staffs become specialized from hand, the body or agency
experience or include persons with delegates a portion of its
technical training. authority.

3. Responsibility for the Results – A Delegation23 of Function and Authority

particular administrative agency is
charged by Congress with
accomplishing a particular statutory
end. Various AAs are charged with
productive attitude towards issues by
making good to people a major part of
the ends of democratic government (this
means AA cannot take a wholly passive
attitude toward the issues which come
before them and sit passively until some
plaintiff takes initiative. AAs are also
tasked for the effective enforcement of
Public Policy with fair play to private
interests which are regulated
4. Variety of Admin Duties – Variety of
function means variety in the
circumstances and conditions under
which the activities of the various
agencies impinge upon private
individuals. A procedure which would be
for the protection of the individual, in
one situation, may be clearly to his
injury in another situation.
Consequence of Characteristics
A highly importance characteristic of
Administrative Procedure: Delegation of
Function and Authority
1. Types of Delegation -
a. Delegation of Internal Management;
b. Delegation of Authority to dispose of
Routine Matters;
c. Delegation of Authority to dispose of
matters informally, or to initiate
formal proceedings; and
d. Delegation of Authority and
Function in formal proceedings (incl.
auth to conduct formal hearings)
2. Delegation by Degree24 -
Delegation may be combined with
supervision and control which may
call for:
a. Statement by agency head of
policies which have crystallized for
routine application by subordinates;
b. consideration by agency heads of
cases in which the application of
established policy is difficult, or in
which policy has not crystallized; and

1. Allocation of Functions among the c. the requirement of weekly or even

members and staff of the agency daily reports to agency heads

2. Major work of the agency is normally

supervision and direction.

23 24
Unlike safeguards, delegation may even involve Delegation may be a matter of degree. It is not
decentralization through delegation to field offices. true that auth must be delegation completely or
not at all.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
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 Types of Admin Agencies  Legislative Power – vested in the
Congress which shall consists of
Classification According to Purpose a Senate and a House of Rep,
except to the extent reserved to
1. Purpose is to offer some gratuity, the people by the constitutional
grant or special privilege (ex. Phil provision on initiative and
Veterans Admin, GSIS, SSS, PAO, Phil referendum
Medical Care Commission)
 Executive Power – vested in the
2. Purpose is to function in situations President
wherein the government is seeking to
carry on certain functions of the  Judicial Power – vested in One
government. (ex BIR, Bureau of Supreme Court and in such
Customs, Bureau of Immigration, Land lower courts as may be
Registration Authority) established by law

3. Purpose is to function in situations Powers expressly vested in any branch of

wherein the government is performing the govt shall not be exercised by, nor
some business service for the public. delegated to, any other branch of the
(ex Philippine Postal Corp, Phil National govt, except to the extent authorized by
Railways, MWSS, Government the Constitution.
Telephone System, National Food Auth,
National Housing Auth.) 2. Special Bodies or Agencies –

4. Purpose is to function in situations There are three (3) independent

wherein government is seeking to Constitutional Commissions created
regulate businesses affected with by the Constitution:
public interest (ex Insurance
Commission, Bureau of Air  Civil Service Commission
transportation, LTFRB, ERB, Bureau of  Commission on Elections
Mines and Geo sciences, NTC, HLURB)  Commission on Audit
5. Purpose is to function in situations They shall exercise the powers and
wherein the govt is seeking under the function conferred upon them by the
police power to regulate private Constitution.
businesses and individuals (ex SEC,
MTRCB, Games and Amusement Board, Independent Office:
Dangerous Drugs Board, Bureau of
Trade Regulation and Consumer In Accordance with the Constitution:
Protection (BTRCP)).
- Independent Office of the Ombudsman
6. Purpose is to function in situations - Independent Office of the Commission
wherein the govt is seeking to adjust on Human Rights
individual controversies bec of some - Independent Central Monetary
strong social policy involved. Authority
- Independent NAPOLCOM

B. Administrative Organization25 >>> Congress may establish an:

Distribution Powers of the Government Independent Economic and Planning

Agency
1. Traditional Branches – Powers of the
National Govt are distributed among the
3 branches:

25
Administrative Organization – refers to the of powers, functions, and duties to its various units
administrative structure of the government or agencies.
including its political subdivisions and the allocation
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
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 Organization of the Office of the
President 1. Supervision and Control – S&C shall
include auth to:
 Act directly whenever a specific
Office of the President function is entrusted by law or
regulation to a subordinate;
 Direct the performance of duty;
restrain the commission of acts;
Department or  Review, approve, reverse or
Office of the President
Proper
Agencies (Under the modify acts and decisions of
Office of the President)
subordinate officials or units;
 Determine Priorities in the
execution of plans and programs
 Prescribe standards, guidelines,
Private office
plans and programs.

2. Administrative Supervision:
 It shall govern the admin
Executive Office relationship between a
departments or its equivalent
and regulatory agencies or other
agencies as may be provided by
law. It shall be limited to the
Staff Support System authority of the department or
its equivalent;
 To generally oversee the
operations of such agencies and
Presidential Special to insure that they are managed
Assistants/Advisers
System
effectively, efficiently and
economically but without
interference with day to day
The President, subject to the policy in activities
the Executive Office and in order to  To require the submission of
achieve simplicity, economy and reports and cause the conduct
efficiency, shall have the continuing of management audit,
authority to reorganize the admin performance, evaluation, and
structure of the Office of the President. inspection to determine
For this purpose, he may do the ff: compliance with policies,
standards and guidelines of the
a. Restructure Internal Organization of department;
the Office of the Pres Proper  To take such action as may be
necessary for the proper
b. Transfer any function under the Office performance of official
of the Pres to another Department or functions, including
Agency rectification of violations,
abuses and other forms of
c. Transfer agency under the office of the maladministration;
President to any other department or  To review and pass upon budget
agency and vice versa. proposals of such agencies but
may not increase or add to
them.
Definition of Administrative
Relationship 3. Attachment –

Admin Relationship, in general, shall be a. refers to the lateral relationship

categorized and defined as follows 26 between the department or its

26
Unless otherwise stated in the Admin Code of
1987 or in other laws defining special relationship
of particular agencies.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
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 equivalent and the attached agency or Powers and Functions of Department
corporation for purposes of policy and Secretary
program coordination, which may be
accomplished by: The Secretary Shall:
 Having the department
represented in the governing 1. Advise the President in issuing EO,
board of the attached agency or Regulations, Proclamations and Other
corporation, either as chairman Issuances.
or as a member, with or without
voting rights, if this is permitted 2. Establish the policies and
by the charter; standards for the operation of the Dept
 Having the attached corporation pursuant to the approved programs of
or agency comply with a system govts.
of periodic reporting which shall
reflect the progress of programs 3. Promulgate Rules and Regulations
and projects; necessary to carry out department
 Having the department or its objectives, policies, functions, plans,
equivalent provide general programs and projects.
policies through its
representative in the board, 4. Promulgate Administrative
which shall serve as the Issuances necessary for the efficient
framework for the internal administration of the offices under the
policies of the attached Secretary and for proper execution of the
corporation or agency. laws relative thereto.

b. Matters of day-to-day administration 5. Exercise Disciplinary Powers Over

or all those pertaining to internal
operations shall be left to the discretion
or judgment of the executive officer of
the agency or corporation. In the event
that the Secretary and the Head of the
Board or the attached agency or
corporation strongly disagree on the
interpretation and application
policies, and the Secretary is unable to
resolve the disagreement, he shall bring
the matter to the President for
resolution and direction.
c. GOCC attached to a department
attached to a dept. shall submit to the
Secretary concerned their financial
statements within 60 days after the
close of the fiscal year.
Officers and Employees under the
Secretary in accordance with law,
including their investigation and the
designation of a committee or officer to
conduct such investigation
6. Appoint all Officers and Employees
of of the Dept except those whose
appointments are vested in the
President or in some other appointing
auth.
7. Exercise Jurisdiction over all
Bureaus, Offices, Agencies and
Corporations under the Dept as
provided by law and in accordance with
the applicable relationships as specified
in the Admin Code27

d. Pending submission of the required 8. Delegate Authority to officers and

financial statements, the corporation employees under the Secretary’s
shall continue to operate on the basis of Discretion in accordance with the Code.
the preceding year’s budget until the
financial statements shall have been 9. Perform such other Functions as
submitted. may be provided by law.

27
Chapters 7,8,9
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
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 Authority of Department Secretary
Secretary of a Dept shall have
supervision and control over the
bureaus, offices, and agencies under
him subject to the ff guidelines:
1. Initiative and Freedom of action on
the part of subordinate units shall be
encouraged and promoted rather than
curtailed , and reasonable opportunity
to act shall be afforded these units
before control is exercised;
2. With respect to functions involving
discretion, experienced judgment or
expertise vested by the law upon a
subordinate agency, control shall be
exercised in accordance with said law;
3. Wiry respect to any regulatory
function of an agency subject to
department control, the authority of the
department shall be governed by the
provisions of the Code. The Secretary’s
authority as provided shall not apply to
chartered institutions or GOCCs
attached to the dept.
Delegation of Authority
The Sec or Head of the Agency shall have
authority over and responsibility for
its operation. He shall delegate such
authority to the bureau and regional
directors as may be necessary for them
to implement plans and programs
adequately.
1. Delegated Authority shall be to the
extent necessary for economical,
efficient, and effective implementation of
national and local programs in
accordance with policies and standards
developed by each department or agency
with the participation of the regional
directors.
2. The delegation shall be in writing;
shall indicate to which officer or class of
officers and employees the delegation is
made; and shall vest sufficient authority
to enable the delegate to discharge his
assigned responsibility.
28
Refers to any agency organized as a stock or non-
stock corporation, vested with functions relating to
public needs whether governmental or proprietary
in nature, and owned by the government directly or
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
Line Bureau Authority
1. LBA of a dept. shall exercise
supervision and control over their
regional and field offices. They shall be
directly responsible for the development
and implementation of plans and
programs within their respective
functional specializations; and
2. Regional and other field offices shall
constitute the operating arms of the
bureau concerned for the direct
implementation of the plans and
programs in accordance with the
approved policies and standards. As
counterparts of the bureau, regional and
field offices shall undertake bureau
operations w/in their respective
jurisdictions, and be directly responsible
to the director.
Relationship of GOCCs28 to the
Department
1. They may be further categorized by
the Dept of Budget and Management,
the CSC, and the COA for purposes of
the exercise and discharge of their
respective powers, functions and
responsibilities with respect to such
corporations.
2. They shall be attached to the
appropriate department with which they
have allied functions or as may be
provided by EO for policy and program
coordination and for general supervision
provided pertinent provisions of the
Code.
3. In order to fully protect the interests
of the govt in GOCCs, at least 1/3 of the
member of the Boards of such
corporation should either be Secretary
Under Secretary or Asst. Secretary.
Prohibition to Hold any other Office or
Employment: During their tenure, the
president, vp, members of the cabinet
and their deputies and assistants are
prohibited, unless otherwise provided in
the Constitution, from holding any other
office or employment.
through its instrumentalities either wholly or where
applicable as in the case of stock corporations, to
the extent of at least 50% of its capital stock.
14
 Relationship of Regulatory Agencies29
to the Department

1. It shall be subject to the admin

supervision of the department under
which they are placed, except when they
are government corporations in which
case they shall be governed

2. Heads of Regulatory Agencies shall

submit annually for the approval of the
Secretary concerned, their budgets and
work plans which shall be the basis of
their day-to-day operations.

3. The regulatory agencies may avail

themselves of the common auxiliary and
management services of the department
as may be convenient and economical
for their operations.

Mandates of Different Departments30

29
Refers to any agency expressly vested with exercised by a collective body, such as commission,
jurisdiction to regulate, administer or adjudicate board, or council.
30
matters affecting substantial rights and interest of Read pp. 50 – 56 of Admin Law: Text and Cases
private persons, the principal powers of which are by De Leon 2013
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|
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