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ADMINISTRATIVE LAW
DE LEON REVIEWER
1. Constitutional
Law
prescribes
the
general
plan
or
framework
of
Governmental
Organization,
while
Administrative Law gives and carries out
this plan in its minutest details.
ATTY. DEMIGILIO
By: PARRENO, ANTONY J.
Introduction to Administrative Law
Part of Law which governs the organization,
functions and procedure of administrative
agencies of the Government to which quasilegislative powers are delegated and quasijudicial powers are granted, and the extent and
manner to which such agencies are subject to
control by the Courts.
It is the 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
the purpose of promoting the well-being of the
community.
Scope of Administrative Law
1. Organization and Structure of the
Government
2. Execution and Enforcement of which
is
entrusted
to
Administrative
Authorities
3. Governs Public Officers
4. Creates Administrative Agencies
5. Remedies to those
administrative actions
aggrieved
by
6. Judicial Review of
actions or decisions
administrative
refers
of
to the
public
8. Jurisprudence
Classification of Administrative Law
Concerns of Administrative Law
1. As to its Source
1. Private Rights
2. Delegated powers and Combined powers
Distinguished from International Law
1. Administrative Law lays down the rules
which shall guide the officers of the
administration in their actions as
agents of the Government.
Administrative
compared
with
upon
effective
legislative
Nature and Organization of Administrative
Agencies
administrative
1. Collaborative Instrumentalities
2. Role of Courts
3. Discharge of Judicial Role
Administration
of
Government
distinguished
from
Administration
of
Justice
1. Those charged with the administration
of
Government
are
known
as
administrative officers while those
charged with the administration of
justice are known as Judicial Officers.
2. Work done by judicial officers consists
in the decision of controversies. Work
done by administrative officers is not
agency
and
Court
1. Grant
Status
or
Character
Administrative Agencies
of
particular
4. Regulate Business
5. Regulate Private Business
6. Individual Controversies
Administrative Organization
Distribution of Powers of the Government
1. Traditional Branches
a. Legislative Power
of
Administrative
b. Executive Power
c. Judicial Power
2. Special Agencies
a. Civil Service Commission
b. Commission on Elections
c. Commission on Audit
Organization of the Office of the President
1. Size
a. Private Office
1. Types
Simplicity, Economy and Efficiency
a. Internal Management
b. Authority
matters
to
dispose
Organization of Departments
of
Routine
of
agency
heads
of
Administrative Relationship
1. Supervision and Control
3. Quasi-Judicial Powers
Nature of Powers
2. Administrative Supervision
1. Jurisdiction Limited
3. Attachment
2. Powers within their Jurisdiction Broad
Government-owned
and
Controlled
Corporations refer to any agency organized as a
stock or non-stock corporation, vested with
functions relating to public needs; owned by
the Government directly or through its
instrumentalities of at least 50% of its capital
stock.
Regulatory Agency refers to any agency
expressly vested with Jurisdiction to regulate,
administer or adjudicate matters affecting
substantial rights and interest of private
persons, the principal powers of which are
exercised by a collective body, such as
commission, board or council.
a. Investigatory
b. Quasi-Legislative or Rule Making
Power
c. Quasi-Judicial or Adjudicatory
2. Subjective Choice
a. Discretionary
Power or Right conferred by law of
acting
officially
under
certain
circumstances, according to dictate
of
their
own
judgment
and
conscience.
b. Ministerial
One performed in response to a duty
which has been positively imposed
by Law
Investigatory Powers
Power of an administrative body to inspect the
records and premises, and investigate the
activities of persons or entities coming under
its jurisdiction.
5. It must be Reasonable
Orders and Determinations are actions in
which there is more of the Judicial function
and which deal with a particular present
situation
Rules and regulations are actions in which
legislative element predominates
Kinds of Rule-Making powers
1. Supplementary or Detailed legislation
2. Interpretative legislation
3. Contingent
Administrative Rules
1. Internal
2. Penal
Legislative
and
distinguished
Interpretative
Rules
with
the
4. Must be Reasonable
1. It must be consistent with the
Constitution or the Statute creating it.
2. It must not amend or alter the Statute
creating it
Prescribed
2. Sufficient Standard
What can be delegated is the discretion to
determine how the law may be enforced, not
what the law shall be.
Administrative Proceedings
Quasi-judicial nature
3. Rendering an order or
supported by the facts proved
DELEGATA
NON
POTEST
decision
Primary Jurisdiction
Courts will not resolve a controversy involving a
question which is within the jurisdiction of an
administrative tribunal, especially where the
question demands the exercise of sound
administrative discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical
and intricate matters of fact.
Administrative Due Process
1. Right to Notice
2. Right to Appear
3. Right to a tribunal vested with
competent Jurisdiction
4. Right to a decision supported by
substantial evidence
Elements or Essentials of Right to hearing
1. To present his case or defense, and
submit evidence
2. To know the claims of the opposing
party
3. To cross-examine witnesses
4. To submit rebuttal evidence
Investigation informal proceedings to obtain
information to govern future actions. They have
no parties and are not proceedings
Hearing There are parties and issues of law
and of fact to be tried and the conclusion of the
hearing may affect the rights of the parties.
1. Due
process
dependent
upon
the
circumstances presence of a party is not
always the basis of due process. In some
instances, even a hearing and notice are
not required. It is true where much must be
left to the discretion of the administrative
officers in applying a law to a particular
case.
persons
and
vs.
1. Primary
Jurisdiction
determines
whether or not the Court or the Agency
should make the initial decision. Both
determines at what stage a party may
secure Judicial review of Administrative
action.
2. Primary Jurisdiction arises only when
Administrative and Judicial Jurisdiction
are concurrent. Ripeness may arise
whenever
judicial
review
of
administrative action is available.
made
are
manifestly