Administrative Law Reviewer - Atty. Gallant Soriano (Habana Notes)

7/26/2019 Administrative Law Reviewer - Atty. Gallant Soriano (Habana Notes)

1/10

ADMINISTRATIVE LAW Chapters 1 to 3 Professor: Atty. Gallant Soriano

Habana Notes 2014-2015 1

CHAPTER IINTRODUCTION

ADMINISTRATIVE LAW

1. The entire system of laws under which the machinery of the State

works and by which the State performs all government acts

2. The law which provides the structure of government andprescribes its procedure; the law which controls or is intended tocontrol the administrative operations of the government; the law ofgovernmental administration

3. That part of public law which fixes the organization anddetermines the competence of the administrative authorities, andindicates to the individual, remedies for the violation of his rights

4.a. That branch of modern law under which the executive

department of government acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for thepurpose of promoting the well-being of the community, as under lawsregulating public corporations, business affected with a publicinterest, professions, trades and callings, rates and prices, laws forthe protection of the public health and safety and the promotion ofthe public convenience and advantage

4.b. That system of legal principles to settle the conflicting claims ofexecutive and administrative authority on the one hand and ofindividual or private rights on the other

4.c. The law concerning the powers and procedures of administrativeagencies including specially the law governing judicial review ofadministrative action

5. That part of the law which governs the organization, functions, andprocedures of administrative agencies of the government to which(quasi) legislative powers are delegated and (quasi) judicial powersare granted, and the extent and manner to which such agencies aresubject to control by the courts

ADMINISTRATIVE AUTHORITIESAll those public officers and organs of the government that arecharged with the amplification, application and execution of the law,but do not include, by virtue of the doctrine of the separation ofpowers, Congress and the regular courts.

ELEMENTS OF ADMINISTRATIVE LAW (Pound Definition)1. Branch of Public Law2. Executive Department3. Quasi-Legislative & Quasi-Judicial Capacity4. Interferes with Conduct of Individual5. Promotion of Well-being of the community

ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW1. RECOGNITION AS DISTINCT CATEGORY OF LAWUnder the Anglo-American system, administrative law is not one ofthe traditionally recognized parts of the law. However, it is only in the

last few decades with the rapid expansion of administrative agenciesand their increased functions that a substantial body of jurisprudencehas developed in the field and general recognition has been given toadministrative law as a distinct category of law

2. MULTIPLICATION OF GOVERNMENT FUNCTIONSOriginally, the government had but few functions as there were butfew activities to regulate and control. But as modern life becamemore complex, the subjects of government regulationscorrespondingly increased, which, in turn caused a multiplication ofgovernment functions, necessitating an enormous expansion ofpublic administration. And so the legislature had to create more andmore administrative bodies, boards or tribunals specialized in theparticular fields assigned to them and to which the legislature andthe courts were found out not to be equipped to administer properlyand efficiently

3. GROWTH AND UTILIZATION OF ADMINISTRATIVE AGENCIESAdministrative law developed as the natural accompaniment of thegrowth of administrative agencies and their utilization in response tothe needs of a changing society


2/10



(A) It has developed from a combination of forces, some pressing onthe legal system from without, and some others from within, and it is,in effect, a major response of the law to the complexities of a modernage. To a large extent, administrative law has developed in responseto the need for broad social or governmental control over complex

conditions and activities which in their detail cannot be dealt withdirectly in an effective manner by the legislature or the judiciary. Ithas as its dominant purpose the promotion and conservation of theinterests and convenience of the public

(B) The theory which underlies a good part of administrative law isthat the issues with which it deals ought to be decided by experts,and not by a judge, at least not in the first instance, or until the factshave been sifted and arranged

4. FUSION OF DIFFERENT POWERS OF GOVERNMENT INADMINISTRATIVE AGENCIES

Administrative law, then, resulted from the increased functions ofgovernment, the recent tremendous growth in administrativeagencies, and the fact that the agencies created in this period ofgrowth were much more than conventional administrative officialssuch as had existed under earlier legislation

(A) With their extensive investigation, rule-making, and adjudicatingpowers, these administrative agencies represent a provocativefusion of different powers of government

(B) They are vested with the power to promulgate rules andregulations to better carry out some legislative policies, and to decideon controversies within the scope of their activities. The laws whichcreated administrative agencies, the rules and regulationspromulgated y them, and the body of decisions that they have fromtime to time rendered in the adjudication of cases brought beforethem, now constitute the bulk of administrative law

5. A LAW IN THE MAKINGAdministrative law is still in its formative stages and is beingdeveloped as part of our traditional system of law. The administrativeprocess and its agencies are newcomers in the field of law butadministrative agencies are now established as very important

tribunals in the administration of justice, making decisions sometimesof vast importance and equal to matters determined by the courts

A substantial part of the principles of administrative law in thePhilippines is derived from American and English jurisprudence on

this branch of law. It has persuasive, though not controlling, force inour jurisdiction.

ADMINISTRATIVE PROCESSIt includes the whole of the series of acts of an administrative agencywhereby the legislative delegation of a function is made effectual inparticular situations

It embraces matters concerning the procedure in the disposition ofboth routine and contested matters, and the matter in whichdeterminations are made, enforced and reviewed

ADVANTAGES OF ADMINISTRATIVE PROCESS1. ADVANTAGES OF ADMINISTRATIVE ADJUDICATION ASCOMPARED WITH EXECUTIVE ACTIONCongress has resorted to the administrative process as analternative to executive action not only in the matter of benefits(patents, public lands, and social security), but also in the fields oftax administration, labor relations, public utilities and securitiesmarket regulations, and others

2. LIMITATIONS UPON THE POWERS OF COURTSCongress has entrusted the administration of some laws toadministrative agencies in cases where such functions involvediscretion with respect to future conduct and hence, will not beundertaken by the courts

3. TREND TOWARDS PREVENTIVE LEGISLATIONThe desire for more effective and more flexible preventive remedieshas been a factor in the creation of many administrative agencies

4. LIMITATIONS UPON EFFECTIVE LEGISLATIVE ACTIONInstead of delegating rule-making power, Congress could, inprinciple, incorporate regulatory details into the statutes. But even insuch cases, and aside from the comparative advantages of


3/10



congressional and administrative action, there are limitationsinherent in the legislative process which make it a practicalimpossibility for Congress to do all the things it theoretically could do

If Congress failed to delegate wide powers to administrative

agencies, it might lose itself in details to the detriment of itsindispensable functions of determining basic policy and holdingadministrative agencies accountable for net results

5. LIMITATIONS UPON EXCLUSIVELY JUDICIALENFORCEMENTEven where Congress could rely upon the courts for enforcement ofits policies, the many courts would vary in their application of the law.Since the courts could not take the initiative in enforcement, thatinitiative would fall to the many prosecutors or law enforcementagencies, or, to private individuals

In the former case, there would be no uniformity in the policy ofinitiation whereas in the latter case, individuals would bear a burdenand expense which, rightly or not, the policy of modern governmentimposes upon them. On the other hand, a single administrativeagency can assume the responsibility for enforcement and candevelop, subject to judicial review, uniform policies in the carrying outof that responsibility

6. ADVANTAGES OF CONTINUITY OF ATTENTION ANDCLEARLY ALLOCATED RESPONSIBILITY

Administrative agencies have the time and facilities to become andto remain continuously informed, and they can be given unifiedresponsibility for effectuating the broad policies laid down byCongress

7. NEED FOR ORGANIZATION TO DISPOSE OF VOLUME OFBUSINESS AND TO PROVIDE THE NECESSARY FUNDS

CRITICISMS ON ADMINISTRATIVE ACTION

ADVANTAGES DISADVANTAGES

Gives room for prompt andpreventive action/remedy

Tendency towards arbitrariness- results to abuse

Cost-efficient proceedings andspeedy delivery- representation by counsel is notrequired

Lack of legal knowledge andaptitude in sound judicialtechnique- results to errors in judgment

Accountability and responsibilitydue to the trust and confidencereposed by political patrons

Susceptibility to political bias orpressure, often brought about byuncertainty of tenure- results to political patronage,which affects impartiality andcompromise independence

Not restricted/governed bytechnical rules and procedures- dispose cases moreexpeditiously, which then

prevents an influx of cases toregular courts

Disregard for the safeguards thatinsure a full and fair hearing

Flexibility Absence of standard rules ofprocedure suitable to theactivities of each agency- results to inconsistency

Continuity of attention & clearly Dangerous combination of


4/10



allocated responsibility results totechnical expertise on particularfields

legislative, executive, and judicialfunctions- results to totalitarian powers


5/10



CHAPTER IINATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES

ADMINISTRATIVE AGENCY

The term used generally to describe an agency exercising some

significant combination of executive, legislative, and judicial powers.It is a government body charged with administering andimplementing particular legislation(1) It covers boards, commissions, divisions, bureaus, anddepartments, and the somewhat less familiar designations of officeand authority(2) The term is usually employed to denote the functionaries withwhich administrative law is concerned

NATURE OF ADMINISTRATIVE AGENCIESTo a large extent, the status and character of administrativeagencies depend on the terms of the constitutional or statutory

provisions creating them and the powers, rights, duties, liabilities, orfunctions conferred on them.

1. AS PUBLIC OR GOVERNMENTAL AGENCIESWhile their exact status and character are thus variable, generallythey may be said to be agencies of the state or government

(A) They represent no private interests of their own(B) They have authority to act with the sanction of the

government(C) They form the agency take, or the function it performs is not

determinative of the question whether it is an agency,although it may be significant with respect to other relatedquestions

2. AS JUDICIAL BODIES OR COURTSAdministrative agencies are not courts or part of the judicial systemin a strict sense

(A) The mere fact that a statute setting up a commission and therules of procedure adopted by such commission provide amode of procedure conforming in many respects to theregular practice of courts, or the fact that the commissionpossesses and exercises certain powers and functions

resembling those conferred upon and exercised by courts,does not in itself render the commission a court

a. Administrative agencies cannot exercise purelyjudicial functions, do not have the inherent powers ofa court, are not bound in their proceedings by all the

rules applicable to proceedings in court, and do notcome within the statute prohibiting injunction toconstitute courts or against proceedings in anycourt of a state

b. Certain administrative agencies may be held not toconstitute courts or judicial bodies because theirfunction is not to adjudicate impartially but torepresent a public interest, because of theirinvestigatory and inquisitorial powers, or becausethey exercise commingled legislative, executive, and

judicial functions(B) Administrative agencies exercising adjudicatory powers are

judicial bodies or courts in a broad sense. They exercisepowers judicial in nature and perform the same functions asa court would perform in their absence, and theirproceedings partake of the nature of judicial proceedings

(C) Administrative agencies are primarily regulatory even if itconducts hearings and decides controversies to carry outthis duty. On the other hand, the primary duty of a judicialbody is to adjudicate upon and protect the rights andinterests of private parties and to that end, construes andapplies the law

3. AS LEGISLATIVE OR EXECUTIVE AGENCIESWhile administrative agencies are separable from the judicial branchof the government, at least by a quasi, they are not in all instancesclearly attributable to either of the other 2 branches

(A) Administrative agencies may be said to be arms andinstrumentalities of the legislative branch of the government,and may perform functions of a legislative or quasi-legislative character, although they are without legislativepower in the strict sense.

4. AS INDEPENDENT OR SUBORDINATE BODIESA body whose actions are subject to administrative review


6/10



5. AS CORPORATE BODIES OR LEGAL ENTITIES

With legal capacity to sue and be sued in courts

MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES

1. SIZE2. SPECIALIZATION3. RESPONSIBILITY FOR RESULTS4. VARIETY OF ADMINISTRATIVE DUTIES

NOTE:The consequence for such characteristics is the delegation offunction and authority

TYPES OF ADMINISTRATIVE AGENCIES

1. Those created to function in situations wherein the government isoffering some gratuity, grant, or special privilege2. Those set up to function in situations wherein the government is

seeking to carry on certain functions of government3. Those set up to function in situations wherein the government isperforming some business service for the public4. Those set up to function in situations wherein the government isseeking to regulate business affected with public interest5. Those set up to function in situations wherein the government isseeking under the police power to regulate private businesses andindividuals6. Those set up to function in situations wherein the government isseeking to adjust individual controversies because of/imbued withsome strong social policy involved

ADMINISTRATIVE ORGANIZATIONThe administrative structure of the government including its politicalsubdivisions and the allocation of powers, functions, and duties to itsvarious units or agencies

A. TRADITIONAL BRANCHES1. CongressLegislative Power2. PresidentExecutive Power3. Supreme Court, and in such lower courts as may be establishedby lawJudicial Power

B. SPECIAL BODIES OR AGENCIES1. Constitutional Commissions

a. Civil Service Commissionb. Commission on Electionsc. Commission on Audit

* Office of the Ombudsman* Commission on Human Rights

ORGANIZATION OF THE OFFICE OF THE PRESIDENTA. OFFICE OF THE PRESIDENT PROPER

1. Private Office2. Executive Office3. Common Staff Support System4. Presidential Special Assistants/Advisers System

B. AGENCIES UNDER THE OFFICE OF THE PRESIDENT

DEPARTMENTAn executive department created by law, which includes anyinstrumentality having or assigned the rank of a department,regardless of its name or designation

BUREAUAny principal subdivision or unit of any department. It shall includeany principal subdivision or unit of any instrumentality given orassigned the rank of a bureau, regardless of actual name ordesignation, as in the case of department-wide regional offices


7/10



CHAPTER 3POWERS & FUNCTIONS

FUNCTION

That which one is bound to do

(e.g. regulate public transport system by LTFRB)

POWER

Means by which a function is fulfilled(e.g. adjudicatory and rule-making powers)

SOURCES OF FUNCTIONS AND POWERS1. ConstitutionPowers & Functions are defined in the constitution(e.g. Constitutional Commissions; Art. 9)

2. Legislationleft and defined by legislation(e.g. NBI[RA157]; June 19, 1947)

3. Constitution & Legislation(e.g. Ombudsman; Art. 9, Sec. 5 of the 1987 Constitution as well asRA 6770, Nov. 17, 1989)

SCOPE OF POWERS1. Administrative Officers have only such powers as are expresslygranted them by the statute and those necessarily implied in theexercise thereof.CASE: Makati Stock Exchange vs SEC (14 SCRA 620)

2. Unless Administrative Bodies are expressly empowered,Administrative Agencies are bereft of quasi-judicial powersCASE: Taule vs Santos

3. Laws conferring powers are liberally construed to enableAdministrative Agencies to discharge their duties in accordance withthe legislative purposeCASE: Solid Homes vs Payawal

CLASSIFICATION OF POWERSA. AS TO NATURE

1. Investigatory/Inquisitorial

a. Inspect Records & Premisesb. Investigate activities of persons/entitites comingunder its jurisdictionc. Require disclosure of information by means ofaccounts, records, reports, testimony of witnesses

2. Quasi-legislative/Rule-making3. Quasi-judicial/Adjudicatory

B. AS TO DEGREE OF CHOICE1. Discretionary2. Ministerial

DISCRETIONThe power or right conferred upon them by law of acting officiallyunder certain circumstances, according to the dictates of their own

judgment and conscience, and not controlled by the judgment orconscience of others

MINISTERIAL ACTOne performed in response to a duty which have been positivelyimposed by law and its performance required at a time and in amanner or upon conditions specifically designated, not beingdependent upon the officers judgment or discretion


8/10



INVESTIGATORY POWERSa. power to carry out a systematic or formal inquiryb. on violation of lawsc. and to gather information on proposed legislation

JUDICIAL FUNCTIONa. power to adjudicateb. upon rights and obligations of parties

JUDICIAL DISCRETION

a. power to evaluate evidence submitted to itb. on the facts and circumstances presented

TEST OF JUDICIAL FUNCTION

a. It is not the exercise of judicial discretionb. but the power and authority to adjudicatec. upon the rights and obligations of parties before it

PRINCIPLES OF INVESTIGATORY POWERS1. To investigate is NOT to adjudicate/adjudgeCASE: Cario vs Commission on Human Rights

PURPOSES OF GRANT OF INVESTIGATORY POWERS

Information-gathering

Sec. 18, Art. 13 of the 1987ConstitutionSec. 1, RA 157

CHRNBI

ProsecutionPurposes

Sec. 13, Art. 11 of the 1987Constitution

PublicProsecutorsOfficeOmbudsman

Aid to otherpowers

Sec. 5(a & d), RA 8799 SEC

EXTENT & SCOPE OF INVESTIGATORY POWERS

SCOPE EXTENT CASE RATIO

Initiation ofInvestigation(examine,explore, inquire)

On complaintor ownmotion

Villaluz vsZaldivar(15 SCRA710)

Power of controlof President mayextend to powerto investigate,suspend orremove officersand employeeswho belong to theexecutivedepartment(presidential

appointees)Conduct ofInvestigation(audit, physicalinvestigation,monitor)

May be heldin private

Ruiz vsDrilon(209 SCRA695)

Respondent inadministrativecase is notentitled to beinformed of thefindings &recommendationsof investigatingcommittee

Secretaryof Justice

vs Lantion

Due processrights of notice

and hearing maybe invoked atevaluation stageof extraditionproceedings

Note: Sec. ofJustice vs Lantionis an exemptionbecause of itspeculiarity


9/10



Pefianco vsMoral

Respondent inadministrativecase is notentitled to beinformed of the

findings &recommendationsof investigatingcommittee

Inspection &Examination(routineinspection forenforcement ofregulations)

No searchwarrantrequired;conductinspectionduringreasonablehours

Camara vsMunicipalCourt(387 US523)

There was noemergencydemandingimmediateaccess. Yet nowarrant wasobtained

No search wrrantis required butinspection mustbe conductedduringreasonable hours

Salazar vsAchacoso

Art. 38 of theLabor Codewhich grants theSecretary ofLabor authority toissue orders of

arrest, searchand seizure, isunconstitutionalbecause theSecretary is not a

judge

Probable causemust bedeterminedpersonally by the

judgeAccounts,Records,Reports orStatements

Access todocuments ofperson beinginvestigated

Catura vsCIR

1. Documentsrequired to beproducedconstitutes

evidence of mostsolid character asto whether or notthere was failureto comply withmandates of thelaw

2. Accounts,Records,Reports, orStatements may

be required to bedelivered &deposited withadministrativebody at thehearing

Attendance ofwitnesses

No inherentpower to:a) requireattendance

b) put under

oath; requireto testify(witnesses)

Evangelistavs Jarencio

1. Subpoena iswithin legalcompetence ofPARGO to issuepursuant toEO4(5) which

empowered it tosummonwitnesses...relevant to theinvestigation

2. It is commonfor statute toconfer suchpowers on

Administrative


10/10



AgenciesHearing(Procedures forConduct)

May be heldbut notnecessarypart of

investigation

OCA vsCanque

In AdministrativeAgencies,formal/trial typehearing is not

requiredContemptProceedings(Failing toappear/Refusingto producedocument whenrequired)

Requisites:1. Statutorygrant2. AA isperformingquasi-judicialfunctions

Carmelo vsRamos(Sec. 580of RAC)

Power to punishcontempt must beexpressly grantedto AdministrativeBody

*Comparativeanalysis of Bedolcase andMasangcay case

Bedol vsCOMELEC

MasangcayvsCOMELEC

When COMELECexercisesministerialfunction, it cannotexercise thepower to punishcontemptbecause suchpower is

inherently judicialin nature

Rules ofProcedure andEvidence

AdministrativeAgencies aregiven widelatitude

Angtibay vsCIR

Technical Rulesof procedure andevidence are notstrictly applied inadministrativeproceedings

Gaoiran vsAlcala

Administrative Law Reviewer - Atty. Gallant Soriano (Habana Notes)

Documents

Transcript of Administrative Law Reviewer - Atty. Gallant Soriano (Habana Notes)