Admin Law Reviewer2

7/25/2019 Admin Law Reviewer2

1/29

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector

ADMINISTRATIE LAW: Text and Cases:

Chapter I: Introduction

Administrative Law

It embraces all the law that controlsor is intended to control

administrative operations of

government

Belongs to the field of public law.

Includes:a) Constitutional law

b) Criminal Law

c) International Law

Provides the structure of the

government.

Includes the law which provides the

structure of government andprescribes the procedure but not the

substatntive law administration is

supposed to apply.

Concerning:Legal Problems arising

out of existence of agencies which to

a noteworthy degree combine in a

single entitiy. Legislative !udicialand "#ecutive powers.

$ran%furter: the field of controle#ercised by law & administering

agencies and court's controle#ercised over them.

Indicates the remedies for the

violation of individual of his rights.

(avis: it concerns procedure and

powers of administrative agencies.

Includes:

a. !udicial eview concerningadministrative action

"#ecutive department of thegovernment which acts as:

A. *uasi !udicialB. *uasi Legislative

Laws regulates or control the

administrative organi+ation.

Provides structure of the government

and prescribes procedure

(etermines the competence of the

administrative authorities

$i#es the organi+ation

Indicates individual remedies for the

violation of his rights

It interferes with the conduct of the

individual

Promoting well being for the

community

Concerns with the powers and

procedures of administrative

agencies

,overns:

a. -rgani+ationb. $unctions

c. Procedures of administrative

agencies

d. *uasi Legislative powere. *uasi !udicial power

Scope of Administrative La: !"

#i#es the administrative organi+ation

E#ecution or Enforcement of which

is entrusted to Administratvie

Authorities

$overns public officers including to

act: RDLE)

a. Rights

b. Duties

c. Liabilitiesd. Election

Creates administrative agencies

Defines their %oers and #unctions&

%rescribed their %rocedures

%rovides remedies& administrative or

/udicial available to those aggrievedby administrative actions

,overns 'udicial Review or Relief

against actions or decisions

Rules and Regulations (rders and

Decisions made by administrativeauthorities dealing with

&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#

a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.

hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved


2/29


Interpretations and Enforcementof the law

)ody of /udicial decision and

doctrines dealing with above.

Meanin* of Administrative Authorities

Administrative Authorities:

All those public officers and organs

of the government

Charged with amplification

application and e#ecution of the law.

Private rights

a. Protection of Private rights

relief against administrative

action

(elegated powers and Combined

powers:

a) Concerns with office of

agencies e#ercising delegatedpowers and not with the

e#ercise of the constitutionalpowers of the president.

b) Concerned with results from

fusion of different type of

governmental powers.

Administrative Law & guides officers

of the administration and actionagainst their agents of the

government International Law & cannot be

regarded as binding upon the officers

of any government.

Constitutional law & ,eneral plan or

framewor% of the government0

1reats rights of the individual0

Prescribes limitations on the powers

of the government0

Administrative Law & it carries out

the plan in its minutes details0

1reats them from the standpoint ofthe powers of the government0

Indicates to individuals for the

violation of their rights0

2ecessary supplement ofconstitutional law0

Criminal law & or penal laws applies

to all branches of the law including

administrative law

Administrative law & they are

administrative in character and one

of the most efficient means of

enforcing a rule of administrativelaw to give certain law a penal

sanction.

Public Administration & practical

management and direction of the

various organs of the state and thee#ecution of state policies.

Administrative law & the sub/ect

matter is public administration.

In ,eneral:

a) Public administration may be

e#amined in its internal ore#ternal aspects

b) Law of internal

administrationc) Law on e#ternaladministration

1he law of internal administration &

treats of the legal relations betweenthe government and its

administrative officers.




Administrative Law emraces

not only the law that 'overns

the administrative authorities

such as statutes and

constitution ut also the law

made y administrative

authorites rules and

Distinguished fromInternational Law

Distinguished fromConstitutional Law

Distin uished from

Distinguished from Law of

Public Administration:

Principal Subdivisions ofAdministrative Law


3/29


A. Considers legal aspects of

public administration on its

institutional side.B. It comprehends such topics as

the nature of public office de

jure and de facto officers. 1he law of e#ternal administration &

concerned with legal relations

between administrative authorites

and private interest0a) Parts & conveniently divided

into four parts0

A. 3urvey of thosepowers and duties

B. Analysis of the scope

C. Account the sanctions

attached to(. "#amination of the

remedies against

official actionb) Principal Concerns

4problems of administrative

regulations rather than thoseof administrative

management0

As to its source:

A. 1he law that controlsadministrative authorities0

Constitution

3tatutes

!udicial (ecisions

"#ecutive orders of

the President Administrative orders

B. 1he law made by

administrative authorites0 ,eneral egulations

Particular

As to its purpose0

A. Ad/ective or proceduraladministrative law & a

procedure which an agency

must or may follow

B. 3ubstantive AdministrativeLaw & derived from the same

sources yet the law

establishes primary rights andduties

As to its applicability0

A. ,eneral Administrative Law

& general nature and commonto all0 the doctrine of

Exhaustion of

Administrative Remedies+

B. 3pecial or Particular

Administrative Law0

Pertains to particular

agencies0 proceeds fromparticular statute0

ecognition given as a distinct

category of law 5ultiplication of government

functions

,rowth and utili+ation of

administrative agency0

A. It has developed fromcombination of forces some

pressing on the legal system from




Classication ofAdministrative Law

"ue 4rocess:1. Must 6ually A,,ly to

the same class.2. Germaine 4rinci,le o-

the Law;.


4/29


without and some others from

within. 1o a large e#tent

administrative law has developedin response to the need for broad

social or governmental control

over comple# conditions.B. Issues with which it deals ought

to be decided by e#perts6

$usion of different powers of

government in administrativeagencies0

A. "#tensive investigation rule &

ma%ing and ad/udicationpowers.

B. Power to promulgate rules and

regulations to better carry out

some legislative policiesC. ules and regulated promulgated

b them

A law in the ma%ing.

Philippine Administrative Law

Administrative Process & includes

whole of the series of act of an

administrative agency.

Advantages of administrative

ad/udication as compared withe#ecutive e#ecution0

A. Practicable insures greater

uniformity and impersonality ofaction.

B. Congress has resorted to

administrative process as an

alternative to e#ecutive action

Limitations upon powers of court. &

/urisdictional issues.

1rend toward preventive legislation0

A. ipeness for /udicial relief &penal laws or criminal offense

under administrative agencies

B. 2eed for more effective and

fle#ible preventive remedies

Limitations upon effective legislative

action0

A. Incorporation of regulatory

details into the statutes. Practicalimpossibility6

B. Lac% of time and speciali+ed

%nowledge lac% of staff for

securing e#pert information and

comp,exit- of the problem.

C. Lose itself in details to the

detriment of its indispensablefunctions.

Limitations upon e#clusively /udicial

enforcement.

Advantages of continuity of attention

and clearly allocated responsibility.

2eed for organi+ation to dispose of

volume of business and to provide

necessary records.

1endency towards Ar.itrariness

Lac% of legal %nowledge and

Aptitude in sound /udicia,techni0ue+

Suscepti.i,it- to political bias or

pressure.

Disre*ard for the safeguards that

insure a full and fair hearing

A.sence of standard rules of

procedure.

Dan*erous combination of

legislative e#ecutive and /udicial

fumctions.

Collaborative instrumentalities0

Collaboration of /udicial

power and function with the

administrative process is a




Scope of theAdministrative Process

Advantages of theAdministrative Process

Criticisms againstadministrative Action

elation betweenadministrative agenciesand courts


5/29


necessary part of today's

legal system.

ule of Courts

A. 1o Accommodate

administrative process.

B. 1o accommodate private ri*hts+C. Reconci,e in the field of

administrative action.

(ischarge of !udicial ole0

A. 5aintain the Constitution by

seeing that powers are notunlawfully vested.

B. 1o give due Deference

C. 1o lend %oer(. 1o leave the legislature or the

people the Remed- for

administrative action.

Administrative Officers charged

with administration of government

Judicial Officers charged with

administration of /ustice.

As a function0

A. 1a%en as the activity of the

e#ecutive officers.B. Administration had to do with

carrying of laws into effect.

As An organi+ation0

Aggregate of persons on whosehands the reins of the government

are for the time being.

,overnment & refers to the

institution of aggregate of institutions. Independent society

ma%es and carries out those rules of

action which are necessary to

eneable me to live in a civili+ed

state0 It is an aggregate of authorities

which rule a society.

Chapter II: Nature and (r*ani1ation of

Administrative A*encies+

In ,eneral:

3ome powers are from constitution &

self & e#ecuting.

5ost of them are from Legislative"nactments.

A. Creation may present 7uestions

relating to the powers andfunctions.

B. (uly e#ecuted acts of an

administrative agency. Administrative Agencies of 3tatutory

-rigion. & 3ub/ect to e#pansion and

contradiction of powers.

8ested powers to the president.A. Purpose of the statute is to

abolish a department or office.




Administration of!overnment distinguishedfrom Administration of

"ustice

Administration as a

Separate Power

Administration as anOrgani#ationDistinguished from!overnment

A ,erson cannot merely as3o,inion o- the su,reme courtre'ardin' enacted laws -orthe su,reme court strictly-ollows the ,rocess in $udicial&eview and a mere as3in' o-an o,inion is contrary to the&euisite o- $udicial &eview o-Actual =ontorversy

Creation$ reorgani#ation$and Abolition ofAdministrative Agencies:


6/29


B. "#pansion and conversion of

entities.

C. Congress can delegate power tocreate positions.

Administrative Agency0

Agency e#ercising some

significant combination ofe#ecutive legislative and

/udicial powers.

A. Covers boards commissionsdivision bureaus and

departments.

B. 1erms employed $untionaries

with which administrative law isconcerned.

C. Agency of government is used to

refer to any of the various unitsof the government. diminution

of benefits)

Administrative body has been staffed

by men who deemed to becomesomething of e#perts in their

particular fields.

$irst performs a variety of functions

while the second has only one

function & /udicial

$irst uses varying degree of

discretion in arriving at decisions0

fi#ed rules in arriving at its

decisions.

As public or governmental agencies

& they may be agencies of the state

or government.

A. 1hey represent no private interest

of their own but functioning

within the scope of their authority.

B. Customarily been restricted to

persons vested under statute withreal power to act for the

government.

C. 1he form of agency is not a

determinative 7uestion ofwhether it is an agency.

As !udicial Bodies or Courts.

A. 2ot courts in the strict sense. Administrative Agencies

cannot e#ercise purely

/udicial functions.

1hey do not constitute courtsor /udicial bodies but to

represent a public interest.B. Courts in the broad sense. & they

perform the court's function

when the same is not present.

C. $unctions primarily regulatory &conducts hearings and decides

controversies.

As Legislative or "#ecutive

Agencies0

(eemed to be agents of

legislative branch.

A. Administrative agencies may besaid arms and instrumentalities of

the legislative branch of the

government.B. 1hey may be viewed as part of

the e#ecutive branch of the

government.

As independent or subordinate

bodies.

As corporate bodies or legal entities.

3i+e0




%eaning ofAdministrative Agenc&

Administrative Agenc& or'od& and CourtDistinguished(

Status or Character ofParticular AdministrativeAgencies

%ain Characteristics ofAdministrative Agencies


7/29


eflects their nationwide

/urisdiction Character of their wor%.

3peciali+ation: 4 becomes speciali+ed

from e#perience or include persons

with technical or professionaltraining.

A. Prevention or reduction

controversies. & bears to reduce

point of controversy.B. Ad/udication and ule ma%ing.

esponsibility for results.

A. Productive attitude towards

issues & nor can they ta%e purelyneutral attitude toward

accomplishment of the tas% with

which they are charged.B. esponsibility for effective

enforcement of public policy.

8ariety of administrative duties.

(elegation of function and authority.

"ach of the functions calls for

internal organi+ation which involvesan allocation of functions among themembers and staff of the agency.

5a/or wor% of the heads of an

agency is normally supervision and

direction.A. 1hey cannot themselves be

specialist in all phases of wor%

hence specialist must beimmediately available to them.

B. 5any persons in the agency

other than the heads must do thebul% of this wor% of

administrative procedures.

C. (elegation of function and

authority be a predominantfeature of their organi+ation and

procedure.

1ypes:

A. (elegation of Interna,

Mana*ement+B. (elegation of Authorit- to

dispose of routine matters+

C. (elegation of Authority to

dispose of matters informa,,-&

or to initiate forma,

proceedin*s+

(. (elegation of Authority and

function in forma, proceedin*s+

". Authorit- to conduct forma,hearin*s+

(egreeA. 1he statement by agency heads

or policies which have

crystalli+ed for routine andapplication.

B. Consideration by agency head.

C. e7uirement of wee%ly or even

daily.

Created to function in situationswherein the government is offering

some gratuity grant or specialprevilige.

3et up to function in a situations

wherein the government is see%ing to

carry on certain functions ofgovernment

3et up to function wherein the

government is performing some

business service for the public.

3et up to function where the

government is see%ing to regulate

business affected with public

interest.

3et up to function where government

is see%ing under the police power to

regulate private business individuals.




Conse)uence ofCharacteristics

Delegation of functionand Authorit&

*&pes of AdministrativeAgenc&


8/29


Agencies set up to function wherein

government is see%ing to ad/ust

individual controversies becausesome strong social policy involved.

Administrativve Organization &

refers to the administrative structureof the government.

1raditional Branches.

A. 1he legislative Power & shall bevested in the congress of the

Philippines.

B. "#ecutive Power & vested in thepresident.

C. !udicial Power & 8ested in one

supreme court.

3pecial Bodies or Agencies.

A. 1hree Independent ConstitutionalCommissions. Civil 3ervice

Commission.

Commission on

"lecctions. Commission on Audit

-ffice of the President shall Consist:

Private office & Providingdirect service to the

president. "#ecutive -ffice & headed by

the Executive Secretar-refers to the -ffice of the

"#ecutive 3ecretary (eputy"#ecutive 3ecretaries and

Assistant "#ecutive 3ecretary

and provides full

responsibility to the specificneeds and re7uirements of the

President.

Common 3taff 3upport3ystem & under the general

categories of development

and management. Presidential 3pecial

Assistants 6 Advisers 3ystem

& Provides advisory or

consultative 3ervicdes to thePresident.

Agencies under the Office of the

President. & refers to the offices

under the chairmanship of thePresident.

1he President sub/ect to the Policy

on the "#ecutive -ffice.A. estructure

B. 1ransfer any function

C. 1ransfer Agency provided they

are under the office of thepresident)

e!artment refers to an e#ecutive

department created by law.

A. 2umber purpose and

decentrali+ation "#ecutive Branch shall

have such departments as

are necessary for the

function of distribution ofthe wor% of the president.

1he (epartments shall be

organi+ed and maintainedto insure their capacity to

plan and implement

programs. Bureaus and offices under

each department shall be




AD%I+IS*A*I,-O!A+I.A*IO+

Distribution of Powers of!overnment

Organi#ation of the O/ceof the President

Organi#ation ofDepartments


9/29


grouped primarily on the

basis of ma/or

functioning. $unctions of the

departments should be

decentrali+ed in order toreduce red tape.

B. (epartment Proper. (epartment Proper shall

include the -ffice of the3ecretary and the staff

units directly under it. "very 3ecretary shall be

assisted by such number

of undersecretaries. Assistant 3ecretary

positions may be createdto form part of the

(epartment Proper. Includes the services of

%,annin* Service&

#inancia, and

Mana*ement+

C. !urisdiction over bureause etc. "ach department shall

have /urisdiction overbureaus offices

regulatory agencies etc.

(. Assignment of -ffices andAgencies etc. 1he president by virtue of

e#ecutive order shallassign offices and

agencies not otherwise

assigned by law.

3ecretary has the authority and

responsibility for the e#ercise of themandate of the (epartment and for

the discharge of its powers and

functions.

9ndersecretary shall advise and

assist the secretary in the formulation

and implementation of departmentob/ectives and policies.

Assistant secretary shall perform

such duties and functions as may beprovided by law or assigned by thelatter.

Planning service:

Provide the department

with economical efficientand effective service

relationg to planning

programming and pro/ectdevelopment etc.

$inancial 5anagement 3ervice:

Assist in the budgetary

financial managementmatters.

Administrative 3ervice:

Provide department with

such efficient andeffective personal and

legal assistance. 1echnical 3ervice:

1a%e charge of the

technical staff

Legal 3ervice:

3ubstantial legal wor%

Provide legal advice to

the department.

"ureau refers to any principal

subdivision or unit of any

department.

Powers and (uties of the head of the

Bureaus

A. Bureau is any principalsubdivision of the department

performing a single ma/or




Secretaries$

0ndersecretaries$ andAssistant Secretaries(

Department Service

Organi#ation 'ureaus


10/29


function or closely related

functions.

B. ead of the Bureau or officeshall be its chief e#ecutive.

C. e shall appoint personnel to all

positions in his bureau or officein accordance with the law.

(. e may designate the assistant

head to act as chief of any

division or unit within theorgani+ation.

". e shall prescribe form and fic

the amount of all bonds e#ecutedby private parties to the

government under the laws

pertaining to his bureau or office

provided they are in accordancewith the law rules and

regulations.

$. e shall prescribe forms andissue circulars.

,. e is authori+ed to issue orders

regarding the administration ofits internal affairs.

Bureaus are either staff or line:

A. A staff bureau shall primarilyperform a policy development

and advisory function. And availitself of planning financial andadministrative services.

1he (irector of Bureaus

shall0

a. Advise and Assist the-ffice of the

3ecretary on 5atters

relating to bureausspeciali+ation.

b. Provide consultative

and advisory servicesc. (evelop plans

programs operationg

standards and

administrativetechni7ues

d. Perform such other

duties

B. A Line "ureau & shall directly

implement programs adopted

pursuant to department policiesand plans.

1he director of Line

Bureau shall:a. "#ercise supervision

and control over all

divisions and otherunits.

b. "stablish policies and

standardsc. Promulgate rules and

regulations necessary

to carry out bureau

ob/ectives.

d. Perform such otherduties.

egional -ffices0

1hey shall be established

according to law definingfield service area.

Administration

esponsible for the

department or agency

functions performed in

the region under his

/urisdiction.

3upervision:

1he function may be

performed by the regionaloffices under the

supervision and control of

the department proper. 3hall perform primarily

advisory or au#iliaryfunctions.

-rgani+ation:

egional office of the line

bureau 5A; have units or

personnel in which the

functional areas of the




Organi#ation of 1ieldO/ce(


11/29


primary units of the bureau

are represented.

$unctions of a egional -ffice:

Implement laws policies

plans programs rules and

regulations. Provide economical efficient

and effective. Coordinate with other

regional offices bureaus andagencies.

Coordinate with local

government units. Perform such other functions.

3upervision and Control:

A. Act directly whenever a specific

function is entrusted by law.B. (irect the performance of duty.

C. eview approve reverse or

modify acts and decisions ofsubordinate.

(. (etermine priorities in the

e#ecution of plans.

". Prescribe standards guidelinesplans and programs.

#ontrol shall encom!ass su!ervision and

control as defined above.

Administrative 3upervision:

A. 3hall govern the administrative

relationship between department

or its e7uivalent and regulatoryagencies or other agencies as

may be provided by law. 1o generally see the

operations of suchagencies 1o re7uire submission of

reports.

1o ta%e such action as

may be necessary forproper performance.

1o review and puss upon

budget proposals of such

agencies.B. 3uch authority shall not

however e#tend to:

Appointment and suchother personnel actions in

accordance with

decentrali+ation of

personnel. Contracts entered into by

agency in the pursuit ofits ob/ectives.

1he power to review

revise and modify the

decisions of regulatory

agency.C. 9nless otherwise $u!ervision

shall encom!ass administrativesu!ervision as defined above.

Attachment:

efers to the lateral

relationship between thedepartment or its e7uivalent.

A. Coordination may be

accomplished by:a. aving the

department

represented in thegoverning board of

the attached agency or

corporation.

b. aving the attachedcorporation or agency

comply with a system

of periodic reporting.c. aving the

department or its

e7uivalent providegeneral policies

through its

representative in the

board.B. 5atters of day & to & day

administration or all those

pertaining to internal




Denition of

Administrativeelationship(


12/29


operations shall be left to

the discretion or

/udgment of the e#ecutiveofficer of the agency or

corporation. e shall

bring the matter to thePresident for esolution

and (iscretion.

C. ,-CC attached to a

department shall submitto the secretary concerned

their audited financial

statements within


13/29


1hey shall underta%e the bureau

operations within their respective

/urisdiction.

,-CC & refer to any agency

organi+ed as stoc% non & stoc%

corporation vested with functions

relating to public needs whethergovernmental or proprietary in

nature.

A. 1hey may be further categori+edby the (epartment of Budget and

5anagement the C3C and the

C-A for purpose of the e#erciseand discharge of their respective

function.

B. 1hey shall be attached to theappropriate department with

which they have allied functions.

C. At least ?6@ of the members of

the board should either be 93ecor 3ec.

A %egulatory Agency refers to any

agency e#pressly vested with

/urisdiction to regulate administer orad/udicate matters affecting

substantial rights and interest of

private persons.

A. It shall be sub/ect toadministrative supervision.

B. 1he heads of regulatory agencies

shall submit annually for the

approval of the secretaryconcerned their budgets and

wor%plans.

C. 1he regulatory agencies may

avail themselves of the common

au#illary and managementservices of the department.

Chapter 2: %oers and #unctions

of Administrative A*encies

$unction & is that which one is

bound or which it is one's business

to do.

Power & it is by means which a

function is fulfilled.

Constitution 3tatutes

"#press and Implied powers.

A. If no provision as provided withelection power the secretary




elationship of !OCC tothe Department

elationship ofegulator& Agencies tothe Department

&eason ehind the Le'islature

creatin' administrative a'encyecause o- their PO2- O1*3- P0S- -or theLe'islature a,,roves theud'et that would e allottedto the Administrative A'ency

6colo'y clause in the 1+@=onstitution is not sel- servin'.

%eaning of Powers and1unctions

Source of Power

Scope of Powers


14/29


with regard to election protest

has no power or authority to pass

upon the validity or regularity ofthe election of the officers of said

%atipunan.

B. In the absence of legislationadministrative agency cannot

impose fines with regard to

administrative fines and public

services.C. 3tatutes conferring powers on

administrative agency must be

liberally construed to enablethem to discharge their duties. Power to issue an e# & parte

cases where there is a prima

facie evidence0 general powerand duty is conferred by law.

3tatute granting powers to an

agency created by the

constitution should be

liberally construed for the

advancement purpose andob/ectives for which it was

created.

Inherent powers:

Administrative agency has no

inherent !owers& although im!lied!owers may sometimes s!ea' of(inherent)

*uasi & !udicial Powers:

A. !urisdiction of administrative

case is dependent entirely uponthe provision of the statute

reposing power in them

B. "#ercise of power will most

effectively prevent or stopspecific violations of law.

C. Administrative Agencies are of1ribunals of Limited !urisdictiongranted by them of the enabling

statutes.

5a%ati 3toc% "#change Inc. 8s

3ecurities and "#change

Commission ? scra


15/29


Powers within their /urisdiction

broad: 1he powers of administrative

bodies have been held broad

and plenary within there

fields. 1a%e notice of the authority

to act and are charged with

%nowledge of any and all

limitations on their power.

Powers sub/ect to the Constitution

applicable law or administrative

egulation: espect of presumption of

constitutionality. 2ot authori+ed to substitute

its own /udgment for anyapplicable law or

administrative regulation

with the wisdom or proprietyof which it does not agree.

8da de. errera vs Bernardo


16/29


(iscretionary:

A. It may choose which severalcourses will follow.

B. (iscretion may be defined when

applied to public function as thepower or right conferred upon

them by law of acting officially

under certain circumstances.

5inisterail:

A. 2othing is left to its discretion.B. (uties and responsibilities are

limited which are provided by

law.C. (efinite duty are those admitted

or proved by law.

(. 5inisterial acr has been definedas one performed in response to a

duty which has been positively

imposed by law. 1andamus-

3cope:

Investigatory or in7uisitorial

powers include power iof an

administrative body to

inspect the records andpremises and investigate the

activities of a person or

entities coming under their/urisdiction.

Investigatory power

B 1heir powerand facilities

to investigateinitiate action

and control the

range of investigation.

3ole powers granted:

1hey e#ist solely to secure

and provide information andin some cases to ma%e

recommendations.

As aid to other powers:

9seful aid or tool in an

administrative agency's

performance of its rule

ma%ing or 7uasi & /udicialfunction.

Informs themselves of

particular situations todetermine whether they

should ta%e further action.

As distinguished from /udicialfunction: It does not e#ercise /udicial

functions and its power is

limited to investigation thefacts and ma%ing findings

and recommendation in

respect thereto. Ad/udication's purpose is to

evaluate evidence submitted

before it based in the facts

and circumstances presentedto it0 if the agency is not

authori+ed to ma%e a final

pronouncement affecting theparties then there is an

absence of /udicial discretion

and /udgment.

uperto vs 1orres GunrepH ?== phil.?=E ?DF)

$!ecial civil action by certiorari wasinstituted against an administrative agency

exercising only investigatory and advisory

!owers. "oard2s function is limited to

conducting investigations and ma'ingfindings. +he board neither adjudicates




Investigator& Power

!enerall&

Illustrative Case


17/29


u!on nor determines the rights and interest

or duties of !arties. 0t is limited to

investigatory and or investigating the factsand ma'ing findings in res!ect thereto.

Authority to obtain information

necessary to discharge properfunction. Initiation of investigation.

Conduct of investigation.

Inspection and e#amination

a. (etermination whether

any person has violatedany provision of the act

being administered or

which may aid in the

enforcement of the act.b. $act & finding 7uasi &

/udicial bodyhas the

power to ta%e intoconsideration the result of

its own observation and

investigation of thematter submitted to it for

decision. e7uirements as to accounts

records reports or

statements. e7uiring attendance of

witness giving of testimonyand production of evidence.

a. Common to confer to

administrative agencieseven for purpose not

7uasi & /udicial.

b. Administrative agencymay not compel the

attendance of a witness

but that the compulsion

must be e#erted through

'3DICIAL %R(CESS+

c. 1he power to compel

witness must be

CLEARL4 $I5EN )4

T6E STAT3TE+7

compulsory process ofsubpoena.

earing

Contempt proceedingadministrative body

however cannot exercise its

!ower to !unish a !erson for

contem!t. 0t must be thecourt2s jurisdiction-

Application of 1echnical

ules of Procedure and

"vidence.

Carmelo vs amos < scra E@


18/29


!robable cause is shown and even before the

issuance of com!laint. 0t is enough that the

investigation be for a lawfully authorized!ur!ose. +he !ur!ose of the sub!oena is to

discover evidence not to !rove a !ending

charge.

Catura vs Court of Industrial

elations @F scra @=@ ?F?)

Officers of labor union charged withunauthorized disbursement of union funds

refused to deliver and de!osit certain

documents in connection with the court2sinvestigation of the charge. +he boo's of

accounts and other records of the financial

activities of a legitimate labor organization

shall be o!en to ins!ection by any officer ormember. +he issue here is whether the #0%

can ac/uire labor organization2s boo' of

accounts and the li'e. 0t cannot be said thatsuch re/uirement is beyond the statutory

!ower conferred.

earing not part of the Prosecution:

A. A party in administrative in7uirymay or may not be assisted by

counsel irrespective of thenature of the charges and the

respondent's capacity to

represent himself.

B. 1he right to counsel is not alwausimperative in administrative

proceedings or investigation

because such in7uiries areconducted to merely determine

hether there are facts thatmerit discip,inar- measures

a*ainst errin* pu.,ic officers

and emp,o-ees ith the

purpose of maintainin* the

di*nit- of *overnment service+

"#clusionary rule in Custodial

Investigation not applicable.

Life blood & of administrative agency is the

flow of fact gathering the organi+ation and

the analysis of evidence.

Investigation is useful administrative

function for prosecuting for

supervising and directing fordetermining general policy for

recommendation legislation among

others.

Administrative Agency may beauthori+ed to ma%e investigation0 it

may conduct general in7uiries into

evils calling for correction and toreport findings to appropriate bodies

and ma%e recommendations for

action.

3enerally4

2ature:

A. Administrative agencies are

endowed with powers legislativein nature or 7uasi & legislative.

1hey have the power to ma%e

law by virtue of rules andregulations coming from a law.

Administrative rules andregulations are in the

nature of new or additional legal

provisions that have the

effect and force of law. owever they are

precluded from




ight to Counsel in anAdministrativeInvestigation

Importance ofAdministrativeInvestigations

ule %a5ing Powers


19/29


legislation in a strict

sense. >hat may be granted to

an administrative agency

is rule ma%ing power to

implement the law it isentrusted to enforce.

Ru,es and re*u,ations+

2ecessity:

A. 1he power to ma%e rules andregulations the most pervasive

legislative power. 8ested because of the

impracticability of the

lawma%ers providing

general regulations for

various and varyingdetails of management.

Increasing comple#ity of

modern life and variety ofpublic functions.

By filling in those details

which only legislativemay neither provide

Conditions:

A. ,rant of rule ma%ing power is an

e#ception to the rule with twoconditions. 1he statute is complete in

itself setting forth the

policy to be e#ecuted by

the agency 3aid statute fi#es

standard mapping out the

boundaries of the

agency's authority towhich it must conform

Binding force and effect:A. A rule and regulation

promulgated by administrativeagency have binding force and

effect of LAW. A regulation not

adopted pursutan to law is no lawand shall has neither the force

nor effect of law.

Prospective 6 retroactive application:

A. Administrative rules and

regulations operatesprospectively as well e#cept as

provided by the intent of its

framers.

Legislative power is to ma%e alter

or repeal laws or rules for the future.

Legislation or /udicial power

operates in the future trather than on

past transaction or circumstances.

A. (elegated Legislation & power ofadministrative agency to ma%e

implementing or interpretative

rules or regulations and islegislative in character0 Ru,e

Ma8in* is legislation within the

confines or scope of the granting

statute.B. Also called administrative

legislation0 delegated legislation0

ordinance ma%ing0 7uasi /udicial

legislation.C. Ade7uate source of authority is

the power conferred to anadministrative agency to issue or

promulgate rules and regulations

necessary to carry out its

function.

5a%e rules and regulations which

are inconsistent with the provisionswith the consitutition or a statute.

>ould deeat the purpose of the

statyte.




Legislation on theAdministrative Level

Limitations on the ule 6%a5ing power


20/29


Amend alter modify e#tend

supplant or e#pand or restrict or

limit the provisions or coverage ofthe statute. It cannot engraft

additional re7uirements or embrace

matters not covered or contemplatedby the statute.

1hey can ma%e rules and regulations

as within the scope of their powers

1he rules and regulations created by

agency when there is a dispute withbasic law the basic law prevails for

the rules and regulations cannot go

beyond the terms of the provisions

3hall be uniform in operation

reasonable and not unfair or

discriminatory

Rules and Regulations

ules and regulations of

administrative agency comprisesthose actions of such body or officer

in which the legislative elementpredominates in that they establish a

pattern of conduct.

Administrative regulations constitute

nothing more than an administrative

option as to what a statute underconstruction means.

Orders or Determinations

1he latter are actions in which there

is more of the /udicial functionwhich deal with a particular present

situation. 1erm ruling fre7uently used to

signify an interpretation or anapplication of a rule or statute to a

particular situations0 uling parta%e

somewhat of the characteristics of

individual case decisions of

interpretations of advisory or

advance opinions.

ule 5a%ing powers:

A. 3upplementary or detailedlegislation & reason of particular

delegation of authority.

B. Interpretative Legislation &construction and interpretation of

statute being administered.

C. Contingent Legislation or

determination & whether a statuteshould go into effect or not.

Administrative ules:

A. Procedural rules.B. (iscretionary

C. Legislative

(. Interpretative

". Contingent$. Internal & issued by

administrative superiors to his

subordinates

,. Penal & prescribes criminalsanctions.

A form of subordinate legislation &

can issued only in virtue of statutory

delegationA. 8alid: accorded the force and

effect of law immediately upongoing into effect0 supplementingthe statute0 pursuant to delegation

of legislative power

B. Administrative rules maydescribe the general discretionary

policies to be followed by the

agency




ules$ egulations$ andOrders or ulings

Distinguished

7inds of ule 6 %a5ingPowers8ules and

egulations

Legislative ules andegulations


21/29


Characteristices:

A. 3tatute has delegated power to

the agency to adop the ruleB. Provides that the rule shall if

within the delegated power have

authoritative force

esemble !udicial Ad/udication:

A. ules constitute the

administrator's construction ofstatute0 it is performing a /udicial

function rather than legislative

functionB. Interpretative regulations have

validity in /udicial proceedings

only to the e#tent that theycorrectly construe the statute0 it

is the statute and not in the

regulation to which an individual

must conform

"ntitled to great weight and respect

Power to create new law6interpret

e#isting law:

2eed for e#press delegation

Presence of statutory sanction

Binding force and effect

Conse7uence of a wrong

construction

8ictorias 5illing Co. vs 3ocial

3ecurity Commission:

+he issue here is whether the #ircular 5o.66 which includes the overtime !ay and

bonus is a rule or regulation or a mere

administrative inter!retation. +he court held

that when an administrative agency

!romulgates rules and regulations& it ma'esa new law with the force and effect if a valid

law while when it renders an o!inion or

gives a statement if a !olicy& it merelyinter!rets a !re existing law. #ircular no.66 was therefore issued to a!!rise those

concerned of the inter!retation of

understanding of the #ommission of the lawas amended which it was its duty to enforce.

0t did not add duty or detail that was not

already on the law. 0t merely stated andcircularized the o!inion of the #omission as

to how the law should be construed.

It may delegate power not legislative

which it may itself rightfully

e#ercise. 1he power to ascertain

facts is such power which may bedelegated.

1he finding by an administrative

authority if the e#istence of

conditions defined it statute under

which its provisions shall becomeiperatiove comes under the head of

rule ma%ing.A. Proviso

B. 1he president becomes the mere

agent of legislation for he is

re7uired to act in the e#ecution ofthe act

1his term refers to those describingthe methods by which the agencywill carry out its appointed functions

& rules which ma%e provisions for

the filing of applications theresolution of complaints the serving

of papers the conduct of hearings

and the li%e.




Interpretative ules andegulation

Legislative and

Interpretative rulesdistinguished

Illustrative Cases:

Contingent rules andregulations

Procedural ules


22/29


"#ecutive orders & this provides for

rules and regulations and the

e#ercise of the Constitutional orstatutory power of the President

,eneral)

Administrative -rders & this relate to

the particular aspect of governmental

operation in pursuance of his dutiesof the President as Administrative

head specific)

Proclamations & this is the fi#ing a

date or declaring a status or

conditions of public moment or

interest of the President

5emorandum -rders & (eals with

the matters in administrative detail or

of subordinate or temporary interest

which only concern a particularofficer or office of the government

5emorandum Circular4 relates to the

matters on internal administration

which the president desires to bringto the attention of all or some of the

departments agencies bureaus oroffices of the government forinformation or compliance

,eneral or 3pecific orders & acts and

commands as the Commander in

Chief of the President

,eneral Classification of Issuances

A. Circulars & Administrative

Circulars refers to issuances

prescribing policies rules andregulations and procedures

promulgated pursuant to law

applicable to individual

B. -rders & Administrative orders

refers to issuances directed to

particular offices officials oremployees.

2umbering system of issuance &

chronological number of thecirculars or orders

-fficial Logboo% & records of final

acts or decision or transaction of

contracts among others

,overnment & wide application of

the classification of issuances

egulation of ighly comple# and

changing conditions

,radual change in regulatory of role

of congress

Inability of legislative bodies to

anticipate future situations

$reed from concern with details

Legislature has additional time to

investigate the manner which

administrative authorities have

concreti+ed

Becomes easier to correct mista%es

and to meet changing conditions

Administrator is saved from dilemma

that often faces when his hands are

tid by the red taGe Can wor% on trial and error and wor%

out specific regulations bestcalculated to attain statutory

ob/ective

Bureaucracy is sub/ected to political

responsibility with respect to




Ordinance power of thePresident

Administrative Issuancesof Secretaries and 3eadsof 'ureaus$ o/ces oragencies

Practical +ecessit& of theule 6 ma5ing power

Special Advantages of theule 6 %a5ing power


23/29


dinscretionary matters and to

professional responsibility with

respect to technical matters

5ore reliable to abuse than to abuse

if statutory generalities are made

Interpretative regulations are ameans of increasing the certainty ofthe law

Contingent legislation furnishes a

means by which a policy can be

bloc%ed out by the legislature

5ust be issued in the authority of

law

5ust not be contrary to law and

constitution

5ust be promulgated in accordance

with the prescribed procedure

5ust be reasonable

By 3ome legislative Act

By implication from the powers

e#pressly grantedA. 1he power to fi# minimum wage

does not confine an agency to

that single actB. 1he 7uestion as to the power of

an agency to adopt procedural

rules ins on which rarely arisesC. "7ually clear that an agency may

without a specific statutoryauthority ma%e %nown its

interpretation of the provisions ofthe statute it administers

1hey must be within the scope and

purview of the statutory authoritygranted by the legislature:

A. 5ust be germane to the ob/ect

and purpose of the lawB. 5ust relate solely to carrying

into effect the general provisions

or policies of the law they see% to

apply and implement

5ust be confined to details for

regulating the mode of proceeding to

carry into effect the law as it has

been enactedA. Cannot be e#tended to amending

or e#panding the statutory

re7uirements or to embracematter not covered by the statyte

or beyond its terms and

provisions

Legislative ule:

A. >hether rule relates to the

sub/ect matter on which power to

legislate has been delegatedB. >hether the rule conforms to the

standards prescribed in thedelegatory statute

C. >hether the rule is invalid on

constitutional grounds

Interpretative ule

B In7uiry relatesfundamentally

to the 7uestion

of whether therule correctly

interprets the

statute




e)uisites for ,alidit& ofAdministrative ules andegulations

!rant of ule %a5ingpower

Consistenc& with Law andConstitution

9uestions elevant inDetermining ,alidit& ofules

*ests Applied inDetermining ,alidit& ofules


24/29


A rule is invalid if it e#ceeds the

authority conferred to it.

A. 1hen the power has beendelegated to ma%e legislative

rules within a plainly limited

sphere and sub/ect definedstandards

B. >here there has been no

delegation of power

A rule is invalid of it conflicts with

the governing statuteA. Procedural rule attempts to limit

a right of appeal granted by

statuteB. Interpretative rule is in conflict

with the court's interpretation of

the statute A rule is void if it e#tends or

modifies the statute

A. AltersB. estricts

C. "nlarges the terms of a

legislative enactment.

(. Additional re7uirements on thestatute which were not

contemplated by the legislature

". Limiting

$. Imposed higher standards,. 2 basis in the law

. 2o relation or connection withany provisions of law

A rule is void if it has no reasonable

relationship to the statutory purpose

Courts will set aside rules deemed to

be arbitrary or unreasonable or

unconstitutional

A. 1he rule is invalid if it goes

beyond what the legislature couldauthori+e

B. ule is integral to due process at

it protects substantive rights

5anuel vs ,eneral Auditing -fficer

scra


25/29


$ree from constitutional infermires

Liberal interpretation of the rules and

regulations of an administrativeagency is /ustified in cases where

their rigid enforcement will result un

deprivation of legal rights

Lupangco vs Court of Appeals ?


26/29


a. Implementing ules and

egulations 1hey are binding and valid

and have an effect of law as

if they had been written in theoriginal law itself

1hey are valid if they have

been duly promulgated or

adopted in pursuance ofproperly delegated statutory

or constitutional authority of

the agency

Interpretative rules and regulations &

they do not have force of law.

a. 1heir validity is sub/ect tochallenges in court

b. 1he contemporaneousconstruction and interpretation

by the e#ecutive officers are

entitled to great weight and

considerations by the courtsc. 3uch interpretation is not

conclusive

ules Prescribing the methods of

procedure

a. 2ormally held to be mandatoryb. (oes not prevent courts

c. Courts deter an agency's owninterpretation

d. 8oid: interpretations that are

contrary to or in conflict withstatutory re7uirements

"#presio 9nios est "#clusio Alterus

Administrative regulation should

ordinarily be given construction

which will sustain its validity and

alternative interpretation is possible

An Administrative regulation

providing punishment for the

violation should be strictly construedprovided that it would not defeat the

obvious intention which it was

enacted Public Administrative Agency's rules

and regulations should be strictly

construed and if there is ambiguity it

should be construed in favour of the

adversary. If there is no ambiguity itdoes not admit /udicial interpretation

In construing administrative rule and

regulation court must necessarilyloo% to the administrative

construction

Administrative rules of procedure are

construed liberally in order topromote their ob/ect and assist the

parties in claiming /ust speedy and

ine#pensive determination of theirrespective claims and defences

Invalid or unconstitutional rule

ule which erroneously

interprets a statute is a nullity

and no rights are vested

ule subse7uently amended or

repealed

9nder some statutes while anagency may prescribe that a rulingby it shall operate prospectively only

if it fails to provide its ruling must

operate retroactively as well asprospectively

An administrative rule or regulation

usually will not be construed to




Principles of AdministrativeCOnstruction

-ect of eliance onules

etroactive operation ofules$ egulations$ andulings


27/29


operate retrospectively where the

intention to that effect does not

une7uivocally appear

1he new rule or ruling is not to be

applied retroactively if to do so

would be unreasonable andine7uitable

In order to be valid it must be in

accordance with statutor-

procedura, re0uirements

ule should not be amended so as to

affect a retroactive chan*e

Administrative agency e#ercising

7uasi legislative power the doctrine

of res /udicata is not applicable

Different procedure is

contemplated

a+ Parties may voluntarily waive

compliance

.+ (isregard 5inutive

c+ 3ole convenienced+ Agency is not permitted to adoptspecial rule

$iling

"ffectivity

Publication and eading

-mission of 3ome ules

(istribution of Bulletin and Codifiedules

!udicial 2otice

Public Participation

,enerally:

Prior notice and hearing are

not essential to the validity ofrules and regulationspromulgated to govern future

conduct

>here rules do not apply to named

or specified parties

1he legislature need not

re7uire hearing as a

prere7uisite to the act ofadministrative agency since

legislature could itself have

performed that act withoutnotice or hearing

>hen rules apply to named or

specified parties

>here re7uirements prescribed by

law

>here rules have the force and effect

of law

>here regulations merely

interpretative and internal in nature

Administrative Agencies or tribunals have

exercise (determinative) or (adjudicatory)

!owers and functions

Involve specific parties

Aims to describes powers and

functions which involvesdecision or determination ofspecific individuals

Involve /udicial function e#ercised

by a person other than a /udge

Involve e#ercise of /udicial power

conveniently styled J7uasi &

/udicialK




Amendment or epeal ofAdministrative ules andegulations

1ormal re)uirements onthe Promulgation etc( Ofrules and regulations

e)uirements of +oticeand 3earing orPublication

Ad;udicator& Powers


28/29


Ascertain facts and decide by

the application of rules to the

ascertained factsa. "nabled to interpret and

apply not only

implementing rules andregulations promulgated

by them but also

entrusted to their adminb. 5ust either be

administrative or /udicial

c. 9sed to designatecharacter of particular

proceedings or powers

d. 1hey are not still

considered courts

!udicial power:

In strict sense is the power to

hear try and determine all

sorts of cases at law ande7uity which are brought

before the courts

a. >here function primarilyadministrative & the

power is administrative orat least properlye#ercisable by

administrative agency

b. >here function primarily

decide 7uestion of legalrights & freedom from

action or independence

and the absence of controlor coercive influence

!urisdiction limited

"#tent of powers depends largely on

enabling act

$unction ordinarily /udicial may be

conferred

3plit /urisdiction not favoured

,rant of particular power must be

found in the law itself

,eneral Policy to uphold e#ercise

Investigate

5eans e#amine e#plore

in7uire or delve or probe into

research on study Ad/udicate

1o ad/udge arbitrate /udge

decide determine resolverule on settle

Ad/udge means to decide or

rule upon as a /udge or with

/udicial or 7uasi /udicial

powers

"lements of futurity and

retrospection

"lements of ,enerality and

Particularity

(ue process re7uirement of notice

and hearing

Licensing enabling or approving

,ranting or denying or

suspending or revo%ing

a. (iscretionary refusal not

made on conflictiongevidence or after hearing




Distinguished from"udicial Power

-4tent of "udicial or 9uasi6 "udicial Powers ofAdministrative Agencies

Distinguished fromInvestigative Power

Distinguished fromLegislative or ule 6

%a5ing Power

+ature of Particular Acts


29/29


b. 2ot purely administrative

act if it is dependent upon

the ascertaining of factsby the administrative

agency

$i#ing rates and charges 5iscellaneous acts

a. Auditing accounts of receiver of

public moneys

b. (eterminations of C3C in respect

of classification and grading ofpositions in the civil service

c. Passing upon petition to call an

electiond. 1he function of draft boards

e. Investigation for the purpose of

ascertaining the correctness of ata# return

f. 1he parole of prisoners provided

not affected by the sentenceg. 1ransfer of prisoners

h. 5a%ing prelim finding

i. Intila determination

/. Closing and ta%ing charge of

ban% found to be insolvent orunsafe

%. (etermination on violation of

termsl. Issuance of a warrant of distraint

m. (eportation of alien

"nabling powers & grant or denial of

permit

(irecting powers & correctivepowers of public utility

(ispensing power & rela# a general

prohibition

3ummary powers

"7uitable Powers

Classication of Ad;udicator& Powers

Admin Law Reviewer2

Documents

Transcript of Admin Law Reviewer2