7/29/2019 CUEVAS- Administrative Law Notes

1/4

ADMINISTRATIVE LAWCondensed Notes (Carlo Cruz)

Zyra C.

CHAPTER 1- GENERAL CONSIDERATIONS

Nature

Dean Roscoe Pound- That branch of modern lawunder which the executive department of thegovernment, acting in a quasi-legislative or quasi-

judicial capacity, interferes with the conduct of theindividual for the purpose of promoting the well-being of the community, as under laws regulatingpublic interest, professions, trades and callings,rates and prices, laws for the protection of publichealth and safety, and the promotion of publicconvenience.

Two major powers of the administrative agency: (1)Quasi-legislative authority or rule-making power &(2) Quasi-judicial power or adjudicatory function.

Object and scope of administrative law: theregulation of public right for public welfare.

Origin and Development

The origin of Administrative Law is in legislation. Itsjustification is expediency.

The increasing diffculties confonting thegovernment has made it unable to employ with thesame effectiveness the traditional powers assignedto its several branches under the doctrine ofseparation of powers.

The solution was the delegation of power.

Legislature began authorizing certain specializedbodies to lay down rules for the regulation of thematters entrusted to their jurisdiction, and to applythese rules in the adjudication of factual issuesrelating to these matters.

These bodies grew to proportions that have led to

the observation that in the legislature, delegationhas become the rule and non-delegation, theexception.

By delegation, the legislature is able to relieve itselfof the responsibility to legislate directly on relativelyminor matters and of attending as well to theadjudication of essentially factual questions thatmore properly pertain to the executive authorities.In this manner, the legislature can concentrate onmatters of national or greater significance.

Sources1. Constitutional or statutory enactments

creating administrative bodies

Article 9 of the Constitution (ConstitutionalCommissions)

Social Security Act (Social Security Commission)

Administrative Code of 1987 (regular departmentsand bureaus of the Executive Branch)

These laws establish administrative agencies anddetermine their organizational structures, providefor the functions and powers of their officers, andconfer on them authority over quasi-judicial mattersor conflicts.

2. Decisions of courts interpreting the charters ofadministrative bodies, and defining their powers,rights, inhibitions, among others, and the effects oftheir determinations and regulations

Aratuc vs. COMELEC Maceda vs. Energy Regulatory Board

3. Rules and regulations issued by the administrativebodies in pursuance of the purposes for which theywere created.

Omnibus Rules Implementing the Labor Code(DOLE)

Circulars of the Central Monetary Authority oninterest rates

Regulations of the Commission on Immigration &Deportation

Rules promulgated by the Securities and ExchangeCommission & the Bureau of Patents, Trademarksand Tech Transfer

4. Determinations and orders of the administrativebodies in the settlement of controversies arising intheir respective fields

This class refers to the adjudications ofadministrative agencies in the excercise of theirquasi-judicial powers

Administration is understood in two senses...1. As an Institution

Refers to the aggregate of individuals in whosehands the reins of government are for the timebeing.

It refers to the persons who actually run thegovernment for their prescribed terms of office.

Diff from government, which is the agency orinstrumentality through which the will of the State isformulated, expressed and realized.

It is the administration which is transitional innature, which actually mans the government, whichis a more or less permanent fixture in every State.

2. As a Function

The actual running of the government by theexecutive authorities through the enforcement oflaws and the implementation of policies.

Any activity outside of the legislation and therendering of judicial decisions comes underadministration.

Administration as an activity is either internal orexternal1. Internal administration

Covers those rules defining the relations of publicfunctionaries inter se and embraces the wholerange of the law of public officers. So provisionsregarding the qualifications, selection, powers,rights, duties and liabilities of public officers arepart of Administrative Law.

2. External administration

Defines the relations of the public office with thepublic in general. The rules do not necessarily affectthe personnel of the office but are promulgated forobservance by those who have dealings ortransactions with said office.

Distinguished from Law Law is an impersonal command provided with

sanctions to be applied in case of violation...whileAdministration is preventive than punitive.

Law is concerned only with obedience to itsmandate, and not with the circumstances orexcuses of the violator...Adminsitration on the otherhand, persuades the individual to observe itscommands.

CHAPTER 2- ADMINSITRATIVE AGENCIES

Definitions1. Agency

(Administrative Code)- any department, bureau,

office, commission, authority or officer of theNational Government authorized by law orexecutive order to make rules, issue licenses, grantrights or privileges and adjudicate cases; researchinstitutions with respect to licensing functions;government corporations with respect to functionsregulating private right, privilege, occupation orbusiness; and officials in the excercise ofdisciplinary power as provided by law.

(Supreme Court)- any of the various units of theGovernment, including a department, bureau,office, instrumentality, or a GOCC or a LGU therein

7/29/2019 CUEVAS- Administrative Law Notes

2/4

2. Government instrumentality- any agency of the Natl. Govt. not yet integratedwithin the department framework, vested withspecial functions or jurisdiction by law, endowedwith some, if not all corporate powers,adminestering special funds, and enjoyingoperational autonomy, usually through a charter.

3. Chartered institution-refers to any agency organized or operating undera special charter and vested by law with functionsrelating to specific constitutional policies orobjectives

4. Department-refers to an executive department created by law.

5. Bureau-refers to any principal subdivision of anydepartment

6. Office-any position held by individuals whose functionsare defined by law or regulation.

7. Instrumentality-refer to any agency of the Natl. Govt., notintegrated within the department framework.

8. Authority-used to desigante both incorporated and non-incorporated agencies or instrumentalities of thegovernment.

9. GOCC-any agency organized as a astock or non-stockcorporation vested with functions relating to publicneeds whether governmental or proprietal innature, and owned by the government directly or

indirectly or through its instrumentalities, eitherwholly or where applicable, as in case of stockcoprorations, to the extent of at least 51% of itscapital stock

On the relationship of an agency attached to adepartment

Other relationships are (2) supervision and control;(3) administrative supervision

Attachment refers to the lateral relationshipbetween the department or its equivalent and theattached agency or coporation for purposes ofpolicy and program coordination.

Nature It may be regarded as an arm of the legislature

insofar as it is authorized to promulgate rules thathave the force of law by virtue of a valid delegationof legislative power.

It may also be considered as a court because itperforms functions of a particular judicial characteras when it decides factual and sometimes legalquestions as an incident of its general power ofregulation.

But basically, the administrative agency pertains tothe executive department because its principalfunction is the implementation of the law, inaccordance with the policies and instructions laid

down by the legislature. Administrative bodies endowed with quasi-judicial

prerogatives are essentially executive agencies,and are not to be considered as courts, or do notform part of the judiciary.

Theoretically, the administrative agency iscomposed of persons who are, at the outset, or atleast eventually, experts in the particular field ofspecialization under its jurisidction. They areappointed by law and informed by experience.

Creation and Abolition

The administrative body may be created by theConstitution or by statute.

If created by the Constitution itself, theadministrative body can be altered or abolishedonly by constitutional amendment.

But if created only by statute, the legislature thatbreathed life into it can amend or even repeal itscharter, thereby resulting in its abolition, which isjustified if made in good faith and not attended bygrave abuse of discretion.

An administrative body created by law may bereorganized pursuant to said law providing for itsestablishment or another law authorizing saidreorganization.

So long as said reorganization would not involve anabolition or transfer of offices and is carried in goodfaith by the person, usually the President,authorized to effect the same, the validity of thesame would have to be upheld.

Applying the doctrine of qualified political agency,the power of the President to reorganize theNational Government may validly be delegated tohis cabinet members excercising control over aparticular executive department.

Advantages

Administrative agencies have the advantage notonly of expertise derived form specialized trainingand experience, but also of adaptability to changeand ease in reacting to new and even emergencysituations, given its flexible nature because of itsrule-making authority and adjudicatoryprerogatives.

Unlike courts of justice, they can initiate action andnot simply wait for their jurisdiction to be invoked.

Relation to Regular Departments

The administrative agency pertains to the executivedepartment and so comes under the constitutionalcontrol of the President, which control cannot be

withdrawn or limited even by the legislature. Given the power of control excercised by the

President over the administrative agency, it cannotclaim independence from the executivedepartment.

Insofar as courts are concerned, they cannot bedeprived of their inherent power to decide on allquestions of law, particularly if they have beeninitially resolved by administrative bodies only.

Indeed, the courts can review, or reverse theadministrative acts even of the Chief Executive.

Moreover, such courts may also review the factualfindings of administrative offices, sometimes byauthority of law, or when necessary, under the due

process clause, if such determinations have beenmade arbitrarily.

All these, plus the fact that their rules of procedureare subject to the disapproval by the SC, make theadministrative body also subservient to the judicialdepartment.

Growing view: administrative bodies now constitutea 4th and separate department coordinate with andindependent of the three branches of government.

Their continued existence rests on their effectivity.Their independence is founded on theircompetence. Their strength lies in their acceptance.They will persist so long as the general publiccontinue sto rely on the services they offer and are

satisfied with their performance of their primoridaltask, i.e., the regulation of private right for privatewelfare.

CHAPTER 3- POWERS OF ADMINISTRATIVEAGENCIES

1. Quasi-legislative

Known as the power of subordinate legislation...permits the body to promulgate rules intended tocarry out the provisions of particular laws.

It is the power to make rules and regulations whichresults in delegated jurisdiction that is within the

7/29/2019 CUEVAS- Administrative Law Notes

3/4

confines of the granting statute and the doctrine ofnon-delegability and separability of pwers.

Jurisdiction of the administrative body is quasi-legislative in prescribing a rule for the future.

Public in nature.

It should be within the scope of the statutoryauthority granted by the legislature to theadministrative agency.

It is required that the regulation be germane to theobjects and purposes of the law, and not be in

contradiction to, but in conformity with thestandards prescribed by law.

They must conform to and be consistent with theprovisions of the enabling statute in order for suchrule or regulation to be valid.

2. Quasi-judicial

Known as its power of adjudication...enables theadministrative body to resolve in a manneressentially judicial, factual and sometimes evenlegal questions incidental to its primary power orenforcement of the law.

Jurisdiction of the administrative body is quasi-judicial in applying a rule for the past.

Private in nature.

This is the power to hear and determine question offact to which the legislative policy is to apply and todecide in accordance with the standards laid downby the law itself in enforcing and administering thesame law.

While it is a fundamental rule that an administrativeagency has only such powers as are expresslygranted to it by law, it is likewise a settled rule thatan administrative agency has also such powers asare necessarily implied in the excercise of itsexpress powers.

The Quasi-Legislative Power

In general, rules and regulations issued byadministrative or executive officers pursuant to theprocedure or authority conferrred by law upon theadministrative agency have the force and effect, orpartake of the nature of a statute.

It is an elementary rule in administrative law thatadministrative regulations and policies enacted byadministrative bodies to interpret the law which

they are entrusted to enforce, have the force of lawand are entitled to great respect.

These issuances are by no means iron clad normsand may be reviewed and nullified by the courts iffound to have been issued not in compliance withthe requisites for their validity,

Administrative rule-any ahency statement ofgeneral applicability that implements a law, fixesthe practice requirements of an agency, includingits regulations.

Rule-making- an egency process for theformulation, amendment or repeal of a rule.

Distinguished from Legislative

The power to issue administrative rules andregulations is different from the power topromulgate laws. Administrative regulations areintended only to implement the law and to carry outthe legislative policy.

The discretion to determine what the law shall beexclusively legislative and cannot be delegated.What is employed in the promulgation ofadministrative regulations is not this kind ofdiscretion but the discretion to determine how thelaw shall be enforced.

There is no impediment to the delegation to thissecond kind of discretion. The power to make rules

to carry out a policy declared by the lawmaker isadministrative and not legislative.

(read grant of franchises)

Source

The power to promulgate administrative regulationsis derived from the legislature, by virtue of a validdelegation. This may be either expressed or impliedalthough it is usually effected explicitly through aspecific authorization.

There must not be a total abdication of thelegislative power to the delegate. To achieve this,the delegation must be circumscribed by legislativerestrictions.

Tests of Delegation

In every case of permissible delegation, there mustbe a showing that the delegation itself is valid. It isvalid only if the law (a) is complete in itself, settingforth therein the policy to be executed, carried outor implemented by the delegate; and (b) fixes astandard-the limits of which are sufficientlydeterminate-to which the delegate must conform inthe performance of his functions.

Both tests are intended to prevent a transference of

legislative authority to the delegate, who is notallowed to step into the shoes of the legislature andexcercise a power essentially legislative.

1. Completeness Test

The law must be complete in all its terms andconditions when it leaves the legislature so thatwhen it reaches the delegate, it will have nothing todo but to enforce it. If there are gaps in the law thatwill prevent its enforcement until they are firstfilled, the delegate will have the opportunity torepair the omission through the excercise of thediscretion to determine what the law shall be which,is essentially and exclusively legislative.

2. Sufficient Standard Test

The law must offer a sufficient standard to specifythe limits of the delegates authority, announce thelegislative policy and specify the conditions underwhich it is to implemented. The standard is usuallyembodied in the law itself. If not, courts will usuallybend over backwards to discover it in thecircumstances surrounding the enactment of thedelegating staute.

It is one which defines legislative policy, marks itslimits, maps out its boundaries and specifies thepublic agency to apply it.

It indicates the circumstances under which thelegislative command is to be effected.

Public interest, simplicity, economy and efficiencyand public welfare.

The Quasi-Judicial Power

It is only incidental to their main function, which isthe enforcement of the law.

In judicial proceedings, the executive acts last afterjudgement is made and all legal questions aresettled... whereas in the excercise of queasi-judicialpower, the executive acts first, with the ocurtsacting later, whenever warranted, to review its legalfindings.

Even if not judges, administrative officers caninterpret and apply the law to the facts asascertained by them because this fuction isnecessary to the discharge of their primary functionof regulation. However, as they are not judges, theirdetermination of legal questions is subject to reviewby the courts of justice.

Source

The quasi-judicial power is incidental to the powerof regulation vested in the administrative body butis often expressly conferred by the legislaturethrough specific provisions in the charter of theagency.

7/29/2019 CUEVAS- Administrative Law Notes

4/4

The justification for the grant, as against thecontention that it violates the doctrine of sperationof powers is that the power is needed to enable theadministrative officers to perform, their executiveduties.

Determinative Powers1. Enabling powers

Are those that permit the doing of an act which thelaw undertakes to regulate and which would be

unlawful without government approval.

2. Directing powers

Are those which order the performance of particularacts to ensure compliance with the law and areoften excercised for corrective purposes.

3. Dispensing powers

Allow the administrative officer to relax the generaloperation of a law or exempt from the performanceof a general duty.

4. Summary powers

Are those involving the use by administrativeauthorities of force upon persons or things withoutthe necessity of previous judicial warrant.

5. Examining power

Enables it to inspect the activities of persons orentities coming under its jurisdiction. This includesthe ff:a. Issuance of subpoenasb. Swearing in of witnessesc. Interrogation of witnessesd. Calling for production of books, papers &

recordse. Requiring that these docs be made available for

inspectionf. Inspection of premises

g. Requiring periodic repotsh. Requiring the filing of statementsi. Conduct hearingsj. Issue writs of preliminary injunctionk. Punish for contempt

Excercise of Powers

The duties of the administrative body are generallyconsidered discretionary, especially as they involvethe interpretation, construction and enforcement ofthe law, and the appreciation of factual questionsthat may be submitted to it for resolution.

In such cases, the findings of the body are generallydeferred to by the other departments except only

where they are arrived at with such obviousarbitrariness as to constitute a violation of dueprocess.

Some administrative duties are merely ministerial,which means that no judgement or discretion isallowed in their excercise.(Ex. Annotation of lien on Torrens Certificate by RD,giving due course to a COC duly accomplished COMELEC, COA to allow claims for salaries undercertain conditions)

In any event, the jurisdiction and powers ofadministrative agencies are limited to thoseexpressly granted or necessarily implied from thosegranted in the legislation creating such bodies.