Administrative Law that branch of modern law under

w/c the EXECUTIVE dept of the govt, acting in a Q-

LEGISLATIVE or Q-JUDICIAL capacity, INTERFERES w/
the conduct of the INDIVIDUAL for the purpose of
promoting the WELL-BEING of the COMMUNITY, as
under our laws, REGULATING:
1. Public interest
2. Professions, trades & callings
3. Rates & prices
4. Public health & safety &
5. Promotion of public convenience.

4 SOURCES/KINDS of Administrative law
1. Constitutional/statutory ENACTMENTS
CREATING admin BODIES
2. DECISIONS of COURTS interpreting the
CHARTERS of admin bodies
3. RRs issued by the admin bodies
4. DETERMINATIONS & ORDERS of the admin bodies

Administrative Agency body endowed w/ q-legislative &
q-judicial powers for the purpose of enabling it to carry
out laws entrusted to it for enforcement/execution
Govt Instrumentality not integrated w/ dept framework;
special functions or jurisdiction; administering special
funds; enjoys operational autonomy
Bureau principal subd of a dept
GOCC agency organized as stock or non-stock corp vested
w/ functions related to public needs whether
govtal/proprietary in nature & owned by the govt
directly or thru its instrumentalities

NATURE of ADMIN AGENCIES
1. ARM of the legislature
2. COURT performing functions of judicial character
when it decides factual or sometimes legal
questions as an INCIDENT of its general power of
REGULATION
3. Pertain to the EXECUTIVE

GENERAL CLASSIFICATION OF ADMIN BODIES
1. To offer some GRATUITY
2. To carry on the BUSINESS of the govt
3. To perform some BUSINESS SERVICE
4. To REGULATE BUSINESS affected by PUBLIC
interest
5. To REGULATE PRIVATE BUSINESS
6. To ADJUDGE indiv CONTROVERSIES
7. To MAKE the GOVT a PRIVATE PARTY

Q-LEGISLATIVE POWER power of subordinate
legislation

Requisites for the Validity of RRs
1. w/in the SCOPE of the statutory AUTHORITY;
2. GERMANE to the object & purpose of the law
3. In CONFORMS to the legal STANDARDS



Administrative Rule any agency STATEMENT of general
applicability that:
1. Implements/interprets a LAW
2. Fixes/describes the PROCEDURES in or practice
requirements of an agency

TESTS of VALID DELEGATION
1. COMPLETENESS TEST must be complete in all
its TERMS & CONDITIONS so that the delegate will
have nothing to do but enforce it;
2. SUFFICIENT STANDARD TEST the law must
have a standard to:
1) Specify the LIMITS of the delegates
AUTHORITY;
2) Announce the LEGISLATIVE POLICY
3) Specify the CONDITIONS under w/c it is
to be implemented

Q-JUDICIAL POWER power to make DETERMINATIONS
OF FACTS & APPLY the law as the CONSTRUE it,
INCIDENTAL to the main function of enforcing the law;
POWER OF ADJUDICATION

DETERMINATIVE POWERS granted to admin bodies to
enable them to exercise their q-jud authority
1. ENABLING POWERS PERMIT the doing of an act
w/c the law undertakes to regulate & w/c would
be unlawful w/o govt approval;
2. DIRECTING POWERS ORDER the doing of
particular acts to ensure compliance w/ the law
a. Dispensing Powers to relax the general
operation of a law or EXEMPT from the
perft of a gen duty;
b. Examining Powers to INSPECT the
records & premises & investigate the
activities of persons/entities under its
jurisdiction
c. Summary Powers USE of FORCE by
admin authorities upon persons/things
w/o necessity of a previous judicial
warrant
Justified by the need of admin agencies for
INFORMATION to enable them to carry out their
basic power of investigation, w/c is essential to
carry out their power to enforce a law
















Q-LEGISLATIVE POWER OF ADMIN AGENCIES

KINDS OF ADMIN REGULATIONS
1. LEGISLATIVE RULE designed to implement a
primary legislation by PROVIDING the DETAILS
thereof
a. Supplementary to FILL IN the details of
the law or; to make EXPLICIT what is only
general;
b. Contingent to ASCERTAIN the existence
of a particular contingency & on the basis
thereof, ENFORCE/SUSPEND the
operation of a law
2. INTERPRETATIVE RULE designed to PROVIDE
GUIDELINES to the law merely to CLARIFY its
provisions for proper observance

REQUISITES OF A VALID ADMIN REGULATION
1. Its PROMULGATION must be AUTHORIZED by the
LEGISLATURE;
2. It must be within the SCOPE of AUTHORITY given
by the legislature;
3. It must be PROMULGATED in accordance w/ the
prescribed PROCEDURE
4. It must be REASONABLE

Requires prior NOTICE & HEARING
1. Q-judicial function or settlement of controversy
bet parties
2. Legislative function but only when required by the
legislature

PUBLICATION
GR: Admin RRs must be published if their purpose is to
enforce or implement an existing law
:
1. Interpretative RRs
2. Merely Internal in nature
3. LOIs by supervisors

Standards of Reasonableness
1. Must involve public welfare
2. Not arbitrary
3. Must declare legislative policy
4. Method employed must be reasonable related to
the purpose of the rule

Special Requisites of a Valid Admin Regulation w/ a
PENAL SANCTION
1. Law itself must make violation punishable
2. Law itself must impose & specify the penalty for
violation
3. Must be published

Construction & Interpretation of RR
1. Read in harmony w/ statute
2. Operate prospectively
3. Intention of authors must be sought & given effect
































































Q-JUDICIAL POWER

2 Conditions to the Proper Exercise of Q-Judicial Power
1. Jurisdiction properly acquired
2. Due process

Doctrine of Implication - where an admin body is
EXPRESSLY GRANTED the power of ADJUDICATION, it
is deemed also vested w/ the IMPLIED power to
prescribe the rules to be observed in the conduct of its
PROCEEDINGS

GR: Denial of R to DUE PROCESS in admin proceedings
null & void
:
1. URGENCY of immediate action
2. TENTATIVENESS of admin action
3. WAIVER of right

Cardinal Rights/Principles to be Observed in Admin
Proceedings
1. Hearing
2. Tribunal must CONSIDER THE EVIDENCE
3. DECISION must be SUPPORTED
4. EVIDENCE must be SUBSTANTIAL
5. DECISION must be rendered on EVIDENCE
PRESENTED
6. JUDGE must act on his own INDEPENDENT
CONSIDERATION of the law & facts
7. DECISION must be in such a manner that the
PARTIES KNOW the ISSUES involved & the
REASONS for the DECISION

JUDICIAL REVIEW

GR: Admin decisions are NOT REVIEWABLE by the courts
:
1. Consti/law permits
2. On questions of law

GR: Purely admin functions man NOT be interfered by the
courts
: when exercise is tainted by a failure to abide by the
command of law

GR: CA may review decisions of all quasi-judicial bodies
:
1. Comelec
2. COA
3. Sandiganbayan
4. Labor code

2 Requisites for Actions of Certiorari/Prohibiton
1. Exhaustion of Admin Remedies
2. Show that admin tribunal acted in GADALEJ

Doctrine of Primary Jurisdiction where a claim is
originally cognizable in the courts, and comes into play
whenever enforcement of the claim requires the
resolution of issues which, under a regulatory scheme,
have been placed w/in the special competence of an
admin body. In such a case, the judicial process is
SUSPENDED pending referral of such issues to the
admin body for review

Doctrine of Exhaustion of Administrative Remedies
once initial action is taken by the admin agency in
accordance w/ the doctrine of primary jurisdiction, the
admin process must continue up to the highest level
before resort to judicial tribunals may be sought
Exceptions to the application of the Exhaustion
1. Due process violation
2. Issue is purely legal
3. Admin action is patently illegal
4. Admin body is in Estoppel
5. Irreparable injury
6. Respondent is a dept secretary acting as alter ego
of the president
7. Unreasonable
8. It would amount to a nullification of a claim
9. Subj matter is private land
10. There is no other plain, speedy & adequate
remedy
11. Urgency of judicial intervention
12. Claim involved is small
13. Strong public interest
14. Quo warranto proceedings

Exhaustion must be raised at the earliest
possible time by a motion to dismiss




2 Kinds of Questions Reviewable by the courts
1. Of FACT when doubt arises as to the truth or
falsehood of the alleged facts
2. Of LAW when doubt arises as to what the law is
on certain state of facts

GR: Findings of fact of an admin body should not be
disturbed if supported by substantial evidence
:
1. Fraud
2. Collusion
3. Arbitrary action in the proceeding
4. Proceeding is irregular
5. Palpable error
6. GAD
7. Board exceeded authority or exercised
unconstitutional powers











LAW OF PUBLIC OFFICERS

ELEMENTS OF PUBLIC OFFICE
1. CREATED by law
2. DELEGATION of the portion of sovereign powers
to be exercised for the benefit of the public
3. Powers & duties DEFINED by the legislature
4. INDEPENDENT PERF of duties
5. PERMANENCE & CONTINUITY

CHARACTERISTICS OF PUBLIC OFFICE
1. Public office is a PUBLIC TRUST
2. NOT PROPERTY
3. NO VESTED RIGHT
4. DUE PROCESS available to the officer

KINDS OF VACANCIES
1. ORIGINAL office created but not one yet chosen
to fill it
2. CONSTRUCTIVE incumbent has no legal title &
may be replaced by another
3. ACCIDENTAL incumbent is separated by any
mode other than expiration of term (death,
removal, abandonment, resignation)
4. ABSOLUTE term of incumbent having expired
and no successor qualified to replace him

2 SENSES OF QUALIFICATIONS
1. As an ENDOWMENT person appointed must
possess the prescribed qualifications
2. As an ACT an act by w/c the public functionary
formally commences the discharge of his dutes
a. Oath taking
b. Filing of bond
c. both

Limitations of the Legislature to Prescribe
Qualifications
1. may not reduce/increase quals prescribed in an
exclusive manner by the Consti
2. can only prescribe quals in a general manner
3. quals must be relevant to the position

Duration of Qualifications should be possessed at the
earliest date indicated in the Consti/law; continuing
requirements for the full duration of the officers
incumbency














DE FACTO OFFICERS
1. WITHOUT a known appointment/election
2. Under COLOR of a known & VALID
appointment/election
3. Under COLOR of VOID appointment/election
4. Under COLOR of an election/appointment
pursuant to an UNCONSTI law

Requisites of a De Facto Officer
1. Existence of a DE JURE OFFICE
2. COLOR of R or gen acquiescence by the public
3. ACTUAL PHYSICAL POSSESSION of the office in
GOOD FAITH






CH5 AUTHORITY OF PUBLIC OFFICER

EFFECTS OF EXERCISE OF AUTHORITY As long as the
public officer is AUTHORIZED (or a de facto officer), his
ACTS will:
1. Be regarded as VALID;
2. Produce LEGAL EFFECT;
3. Be considered BINDING upon the govt itself as the
principal of the public officer

DISCRETIONARY MINISTERIAL
Officer is allowed to
1. DETERMINE
1. How
2. When
It is to be performed;
2. DECIDE the matter 1
way or another
The LAW exacting its
discharge PRESCRIBES &
DEFINES the
1. Time
2. Mode
3. Occasion
of its performance w/
such certainty that
nothing is left for
judgment/discretion
Officer is allowed
LEEWAY in arriving at a
decision (duty is
conferred on him in
recognition of his good
sense of judgment)
Officer is given LITTLE
LATITUDE in its discharge
GR: Cannot be reviewed
by the courts
: GADALEJ
Subject to judicial review &
reversal IF not in accord
w/ the requirements set by
law
GR: Not compellable by
mandamus
: General acts
Compellable by mandamus
even specific acts