Admin Reviewer – Baird (3) the law which governs public officers officer to another.

It also includes the

including their competence (to act), rights, structure and organization of public
Administrative law belongs to the field of public duties, liabilities, election, etc.; administration, the qualifications and
law1 which includes constitutional law, criminal
(4) disqualifications, the tenure, removal,
law, and international law.
thelawwhichcreatesadministrativeagencies,def compensation and pensioning of officers.
Public Law which regulates relations between inestheirpowers and functions, prescribes
subjects and the state (RPC) (Admin) their procedures, including the adjudication or 2. Law of External Administration – Relations
settlement by them of contested matters between admin officers and the people or
Private Law – regulates the relations of involving private interests; persons w private interest. It has four
individuals with one another without any regard parts:
(5) the law which provides the remedies,
to their relationship with the state. (Civil Law,
administrative or judicial, available to those a. Survey of powers and duties of admin
PFR) aggrieved by administrative actions or authorities
In administrative law, concern about the decisions; b. Analysis of scope and limits of such
structure of the government, administrartive (6) the law which governs judicial review of, or powers
operations in all systems and procedures in the relief against, administrative actions or c. Account of sanctions, means of
government, admin law entails. Specifically, it is decisions; enforcing and official determination
a law under which the exec dept can perform or d. Examination of remedies
(7)
act using it quasi legislative and quasi-judicial therules,regulations,ordersanddecisions(inclu Classifications of Amin law
capacity in doing so it interferes the conduct of dingpresidential proclamations) made by
individual for the sole purpose of promoting administrative authorities dealing with the 1. As to source:
the well being of the community. interpretation and enforcement of the laws Law that controls the administrative
entrusted to their administration; and authorities - In this group belongs the
Scope of administrative law
Constitution, statutes, judicial decisions,
(8)
Concern about the structure of government, thebodyofjudicialdecisionsanddoctrinesdealin executive orders of the President, and
which includes the public officers. Like their gwithanyofthe above. administrative orders of administrative
rights, competencies, liabilities and superiors giving directions to
accountabilities. These are concerns of admin administrative subordinates
law.
Delegated Powers
Scope of administrative law. law that is made by administrative
In admin law, we are concerned of 3
authorities - includes both general
Broadly conceived, administrative law covers personalities which are the state,
administrative officers and the people. regulations and particular
the following:
determinations examples include
(1) the law which fixes the administrative 2 Subdivisions ( Three-way relations) presidential proclamations issued under
organization and structure of the government; the flexible-tariff clause, the rules of
1. Law of internal Admin – treats the legal
(2) the law, the execution or enforcement of practice and decisions of administrative
relations between the government and the
which is entrusted to administrative tribunals
administrative officers or from one admin
authorities;
 that the interpretation of certain contracts and Administrative agency – Independent offices.
2. As to purpose: agreements and determination of private Unit for the government which can be local or
Procedural administrative law - It rights are n longer a uniquely judicial function international, Agency exercising some
establishes the procedure which an exercisable only by the regular courts” simply, significant combination of legislative, executive
agency must or may follow in the the court is saying that this time we now have and judicial powers. It is very broad that it
pursuit of its legal purpose admin agencies who could look into certain covers boards, commission, departments,
matters regularly look on by courts which will instrumentalities or GOCC. (Study their
substantive administrative law - It is help de-clog the courts. definitions for BAR purposes)
derived from the same sources,
Nature and Organization of Admin agencies Agencies created from the constitutional,
mentioned above, but its contents are
statutes.
different in that, here, the law May find their sources on constitution or
establishes primary rights and duties, legislative enactments. CHARACTERISTICS OF ADMIN AGENCIES
such as the conditions under which a
broadcaster may operate or the labor Cebu United Enterprise vs Gallofin 106 Phil 49 1. As to its size; It must be necessarily
practices (1959) “the duly executed acts of an admin large and reflect a nationwide
agency can have valid effects even beyond the jurisdiction.
3. As to applicability; life span of the agency.” 2. As to specialization; there is
General administrative law - It is that part specialization when there is technical,
Abolition – it must be expressly indicated or
of administrative law which is of a general training or experience.
stated in the law or EO abolishing the
nature and common to all, or most, 3. Responsibility for results – charged by
administrative agency. In the case of
administrative agencies. It is chiefly but not the congress in accomplishing a
Crisostomo vs CA 258 SCRA 134 – PD 1341
exclusively procedural law (e.g., remedies). particular end. E.g., certain targets for
converted PCC to PUP case. w/n there is an
accomplishment within a year or so.
abolition = N0, what transpired is a change of
Special/particular admin law -— It is that 4. There is a variety of admin duties –
name or academic status . Abolition must be
part of administrative law that pertains to various duties performed by a particular
express and clear.
particular agencies. It proceeds from the agency.
particular statute creating the individual Can the president create, abolish or merge
Administrative Agencies - They are agencies of
agency and thus, has little or no application, offices? = Yes, in the executive department.
the state which do not represent their own
except in connection with such agency. Dario vs. Mison 176 SCRA 84 (1989) “congress
interest but acts for and in behalf of the
can delegate the power to create positions.
Mendoza Vs. Dizon 77 Phil 533 (1946) – SC for government. They are not courts. They don’t
Hence the president could create, abolish and
the 1st time used the term “administrative law” have legislative power. Though they can
merge offices in the executive department. But
it recognized administrative law. perform some.
look into w/n the reorganization is made in
Realty Exchange Venture Corporation Vs. accordance with law and made in Good faith. Go back to constitutional law and study 3
Cenvino 233 SCRA 665 (1994) – recognized the (Yardstick to determine if such is a valid act of powers of government. The powers
importance of administrative agencies. “One the president) expressly vested in any branch of the
trust in the multiplication of admin agencies is Government shall not be exercised by, nor
 delegated to, any other branch of the left to one’s discretion just to positively Radio com of the ph. vs Board of
Government, except to the extent impose the law. In the context of admin communications 80 SCRA 471 – “The board of
authorized by the Constitution (legislative, law, powers as to nature. communications has no jurisdiction over cases
executive and judicial powers) distributed involving complaints for injury caused by failure
INVESTIGATORY / INQUISITORIAL POWER- not
to departments. Potestas dela gari non of the RCPI to transmit telegrams and impose
limited to interviews power to inspect records,
potes = what is delegated, can’t be further fines, the jurisdiction belongs to the court.”
documents or premises to gather vital
delegated as a GR subject to exceptions. Such is judicial is nature and could not be
information for the case you are investigating.
performed by the board of communications.
Function vs power
How do we know if the power exercised is
RULE-MAKING POWERS- — Administrative
Function is that which one/agency is bound to investigative or judicial? If the body is
agencies are endowed with powers legislative in
do. exercising investigative it only gathers evidence
nature or quasi-legislative (i.e.,to make rules
and evaluate, no pronouncements. If judicial, it
Power is the means by which the function is to- and regulations), and, in practical effect, with
can adjudicate, pronouncement of their rights
be done or fulfilled. the power to make law. However, the essential
and obligations.
legislative functions may not be delegated to
Sources of powers administrative agencies and in this sense, it is
Ruperto vs Torres 100 Phil 1098 – “ Not every
Constitution or statutes. Failure to exercise this function where judgment or discretion are said that administrative agencies have no
power does not mean it is forfeited since it has exercised is a judicial function. The test of legislative power and are precluded from
been granted. judicial function is not the exercise of judicial legislating in the strict sense.' What may be
discretion but the power and authority to granted to an administrative agency is rule-
Powers can be expressed or implied adjudicate. making power to implement the law it is
Expressed – nakalagay entrusted to enforce. It necessarily includes the
Administrative Investigation may be done by a power to amend, revise, alter, or repeal its rules
Implied – hinde man nakalagay, nakasama sya. complaint or done moto proprio. and regulations, (infra.) It is a standard
Is it necessary that there is a lawyer in admin provision in administrative rules that prior
Quasi-judicial powers and quasi legislative
investigation? = NO. right to counsel is not issuances that are inconsistent therewith are
powers
imperative in administrative investigation declared repeated or modified.
Classification of powers though they may be similar to a criminal A public administrative body may make only
As to nature – Investigatory, rulemaking proceeding, it is not the same. You cannot raise such rules and regulations as are within the
powers or quasi-judicial/adjudicatory your right against self-incrimination. It is not limits of the powers granted to it or what is
powers. applicable to admissions in administrative found in the legislative enactment itself;
As to scope- special or limited. investigation. otherwise, they become void.
Admin body exercising investigative power may GR: The legislative powers of the Congress
As to degree of subjective choice - cite in contempt but cannot punish person in cannot be delegated.
Discretionary – the one who is presiding contempt
may use his own judgement and XP: Admin agencies
discretion. Ministerial – there is nothing
SUFFICIENT STANDARD TEST Supplementary or detailed legislation-
rulemaking by reason of a particular
COMPLETENESS STANDARD TEST
delegation of authority
People vs. Vera- not valid because did not pass
Interpretative- by the construction and
the sufficient standard test
interpretation of a statue being admininstered
Maceda vs. Macaraig- delegation now
Contingent- whether a statute shall go into
becomes the rule than the exceptions
effect
Subordinate legislation- With this power,
administrative bodies may implement the
broad policies laid down in a statute by "filling EasternShipping vs POEA- both quasi legis and
in" the details which the Congress may not judicial power
have the opportunity or competence to
Smart and PILTEL vs. NTC- Doctrine of primary
provide. not expected to give all the detailed
jurisdiction and Doctrine of exhuastion of
situations.
administrative remedies- applies to exercise of
Rabor vs CSC- must only be germane to object quasi judicial functions
and purpose of enabling law
Light rail transit vs Aurora Salvana-
ABAKADA guro partylist vs. Purisima-
Legislative veto

Gutierrez vs. DBM- IRR cannot change, modify

or expand the law. IRR is not above the law

Board of trustees vs Velasco- Interpretative

regulations are internal- no need publications

Conte vs. COA- Conflict of statute and admin

rule, statue must prevail.

People vs. Santos-

People vs. Que Po Lay- Non-publication, penal

or criminal in character. Publication is
necessary.

Dagan vs Philippine Racing Commission-