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A M G I S I D R O

Based on Atty. Bacatans Class Discussion/Presentation + Other References

ADMINISTRATIVE LAWS, LAWS ON PUBLIC OFFICERS AND ELECTION LAWS

1

NOVEMBER 09, 2015

Administrative Law

Part of the public law which fixes the organization and

determines the competence of administrative

authorities who execute the law and indicates to the

individual remedies for the violation of his rights.

(Goodnow)

What is an instrumentality?

It refers to any agency of the national government not

integrated within the departmental framework, vested

with special functions or jurisdiction by law, with some if

not all corporate powers, administering special funds, and

enjoying operational autonomy, usually through a charter.

What is an agency?

An agency is any department, bureau, office, commission,

authority or officer of the national government,

authorized by law or executive order to make rules, issue

licenses, grant rights or privileges, and adjudicate cases;

research institutions with respect to licensing functions;

government corporations with respect to functions

regulating private rights, privileges, occupation or

business, and officials in the exercise of the disciplinary

powers as provided by law.

What is the distinction between the two?

There is no practical distinction between an instrumentality

and agency, for all intents and purposes. A distinction,

however, may be made with respect to those entities

possessing a separate charter created by statute.

Why do we have administrative agencies?

Growing complexities of modern life;

Multiplication of number of subjects needing government

regulation; and

Increased difficulty of administering laws

Does the grant of such powers to Administrative Agenceies

violate the Doctrine of Separation of Powers?

No. Administrative agencies became the catch basin for

the residual powers of the 3 branches. The theory of the

separation of powers is designed to forestall over action

resulting from concentration of power. However with the

growing complexity of modern life, there is a constantly

growing tendency toward the delegation of greater

powers by the legislature.

Pangasinan Transportation v. Public Service Commission

G.R. No. 47065, June 26, 1949, 70 Phil. 221

With the growing complexity of modern life, the multiplication of the subjects

of governmental regulation, and the increased difficulty of administering the

laws, there is a constantly growing tendency toward the delegation of greater

powers by the legislature, and toward the approval of the practice by the

courts. In harmony with such growing tendency, this court, relied upon by the

petitioner, has, in instances, extended its seal of approval to the delegation of

greater powers by the legislature.

FACTS

Pangasinan Transportation Company Inc. (PTI) has been engaged for

20 years in the business of transporting passengers in Pangasinan,

Tarlac and Nueva Ecija through TPU buses in accordance with the

terms and conditions of the certificates of public convenience issued

by the Public Utility Commission (later called Public Service

Commission). The company applied for an authorization to operate

ten additional Brockway trucks on the ground that they were needed

to comply with the terms and conditions of its existing certificates and

as a result of the application of the Eight Hour Labor Law. PSC agreed

to grant the authorization, but with two conditions as provided for by

section 1 of Commonwealth Act No. 454: First, that the certificates of

authorization issued to it would be valid only for a period of 25 years

counted from the date of promulgation; and second, that the

company may be acquired by the Philippine Commonwealth with

proper payment of the cost price of its equipment, taking into account

reasonable depreciation to be fixed by the Commission at the time of

it acquisition. PTI did not agree with the conditions, and instead asked

the Supreme Court to declare Commonwealth Act No. 454.

ISSUE

Whether or not Commonwealth Act No. 454 is unconstitutional for

being undue delegation of legislative power on the ground that

without limitation, guide or rule except the unfettered discretion and

judgment of the Commission, constitute a complete and total

abdication by the Legislature of its functions in the premises, and for

that reason, the Act, in so far as those powers are concerned.

RULING

No, the law is not unconstitutional. The law is made subject to a

sufficient standard that the PSC must strictly follow. Inasmuch as the

period to be fixed by the Commission under section 15 is inseparable

from the certificate itself, said period cannot be disregarded by the

Commission in determining the question whether the issuance of the

certificate will promote the public interests in a proper and suitable

manner. Conversely, in determining "a definite period of time," the

Commission will be guided by "public interests," the only limitation to

its power being that said period shall not exceed fifty years (sec. 16

(a), Commonwealth Act No. 146; Constitution, Art. XIII, sec. 8.) The

Supreme Court had earlier ruled that "public interest" furnishes a

sufficient standard.

A M G I S I D R O



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Administrative Agency

Any governmental organ or authority, other than a court

or legislative body, which affects the rights of private

parties, through rule-making and adjudication. (Nachura)

Any department, bureau, office, commission, authority or

officer of the National Government authorized by law or

executive order to make rules, issue licenses, grant rights

or privileges, and adjudicate cases; research institutions

with respect to licensing functions; government

corporations with respect to functions regulating private

right, privilege, occupation or business; and officials in the

exercise of disciplinary powers as provided by law. (Sec. 2,

Book VII, Admin Code of 1987)

Kinds/Sources of Administrative Law

1. Statutes setting up administrative authorities either by:

Creating boards, commissions, and administrative

officers or

Confiding the powers and duties to existing boards,

commission or officers to:

Amplify

Execute

Supervise the operations of, and

Determine controversies arising under particular

laws in the enactment of which the legislature

decided for matters of convenience or for quicker or

more efficient administration to withhold the

controversies, at least in the first instance, from the

courts of law

2. Rules, regulations or orders of such administrative

authorities enacted and promulgated in pursuance of the

purposes for which they were created or endowed

3. Determinations, decisions and orders of such

administrative authorities made in the settlement of

controversies arising in their particular fields

4. Body of doctrines and decisions dealing with the creation,

operation, and effect of determinations and regulations of

such administrative authorities

Powers of an Administrative Agency

Quasi-legislative or rule-making power

It is the exercise of delegated legislative power,

involving no discretion as to what the law shall be, but

merely the authority to fix the details in the execution

or enforcement of a policy set out in the law itself.

Quasi-judicial or adjudicatory power

It is the power of administrative authorities to make

determination of facts in the performance of their

official duties and to apply the law as they construe it to

the facts so found. It partakes the nature of judicial

power, but is exercised by a person other than a judge.

Determinative powers

It is the power of administrative agencies to better

enable them to exercise their quasi-judicial authority.

Licensing

The action of an administrative agency in granting or

denying, or in suspending or revoking a license, permit,

franchise, or certificate of public convenience and

necessity.

Price/ rate-fixing

It is the power usually delegated by the legislature to

administrative agencies for the latter to fix the rates

which public utility companies may charge the public.

Implementing or executing

Types of Administrative Agencies

As to purpose

As to the organic law of creation

As to hierarchy

Administrative Agencies (as to purpose)

Agencies created in situations wherein the government is

offering some gratuity, grant, or special privilege

GOVERNMENT GRANT OR GRATUITY, SPECIAL PRIVILEGE

Phil. Veterans Board (defunct), Board on pensions for

Veterans, NARRA, Philippine Veterans Administration

Agencies set up to function in situations wherein the

government is seeking to carry on certain government

functions CARRYING OUT THE ACTUAL BUSINESS OF

GOVERNMENT

Bureau of Immigration, BIR, Board of Special Inquiry,

Board of Commissioners, CSC, BSP


government is performing some business service for the

public SERVICE FOR PUBLIC BENEFIT

Bureau of Posts, Postal Savings Bank, MWSS, Phil.

National Railways, Civil Aeronautics Administration


government seeking to regulate business affected with

public interests REGULATION OF BUSINESSES AFFECTED

WITH PUBLIC INTEREST

Fiber Inspection Board, Phil. Patent Office, Office of the

Insurance Commissioner

Agencies setup to function in situations wherein the

government is seeking under the police power to regulate

private business and individuals REGULATION OF

PRIVATE BUSINESSES AND INDIVIDUALS

SEC, Board of Food Inspectors, MTRCB, PRC

Agencies setup to function in situations wherein the

government is seeking to adjust individual controversies

because of some strong social policy involved

ADJUSTMENT OF INDIVIDUAL CONTROVERSIES BECAUSE

OF A STRONG SOCIAL POLICY INVOLVED

A M G I S I D R O



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NLRC, Court of Agrarian Relations, Regional Offices of

DOLE, Social Security Commission, Bureau of Labor

Standards, Women and Minors Bureau

Government as private party

Administrative Agencies (as to the organic law of creation)

They are created whether individual or institutional by:

1987 Constitution/ Constitutional Provisions

Civil Service Commission [Art. IX-B]

Commission on Elections [Art. IX-C]

Commission on Audit [Art. IX-B]

Commission on Human Rights [Art. XIII, Sec. 17]

Commission on Appointments [Art. VI, Sec. 18]

Senate Electoral Tribunal [Art. VI, Sec. 17]

House of Representatives Electoral Tribunal [Art. VI,

Sec. 17]

Judicial and Bar Council [Art. VIII, Sec. 8]

Office of the Ombudsman [Art. IX, Sec. 5]

National Economic and Development Authority [Art. XII,

Sec. 20]

An agency on Cooperatives [Art. XII, Sec. 15]

An independent Central Money Authority [Art. XII, Sec.

20]

National Language Commission [Art. XIV, Sec. 9]

National Police Commission [Art. XVI, Sec. 6]

Consultative Body on Indigenous Cultural Communities

[Art. XVI, Sec. 12]

Legislature in legislative enactments/ Legislative

Enactments/ Law

National Food Authority (PD No. 4)

National Labor Relations Commission (PD 442)

Social Security Commission (RA 1161)

Land Transportation Office (RA 4136)

Bureau of Customs

Bureau of Internal Revenue

NLTC

PRC

Court of Agrarian Relations

Phil. Patent Office

Securities and Exchange Commission

Board of Transportation

BSP

National Grains Authority

Authorities of Law/ Executive Orders

Under various government reorganization acts, the

President and the Government Survey and Reorganization

Commission had been authorized and had in fact created

administrative offices and agencies in the course of the

reorganization of the executive branch of the government.

Usually through an Executive fiat

Not permanent

Given specific tasks/ mandate

Presidential Anti-Graft Commission

Presidential Commission on Youth Affairs (National

Youth Commission)

Atlas Commission

Administrative Agencies (as to hierarchy)

Office of the President and Cabinet and their respective

departments

Independent Constitutional Commissions

Other Constitutional Bodies

Regulatory Commission

Public Corporation

NOVEMBER 10, 2015

Types of Administrative Rules

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