Admin Law Reviewer2

Administrative Law/Atty.
Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

Leon, Jr., Hector
ADMINISTRATIE LAW: Text and Cases:

Chapter I: Introduction
Administrative Law
It embraces all the law that controls
or
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 and
prescribes 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, Judicial
and Executive powers.
Frankfurter: the field of control
exercised by law administering
agencies
and
courts control
exercised over them.
Indicates the remedies for the
violation of individual of his rights.
Davis: it concerns procedure and
powers of administrative agencies.
Includes:
a. Judicial Review concerning
administrative action
Executive department of the
government which acts as:
A. Quasi Judicial
B. Quasi Legislative
Laws regulates or control the
administrative organization.
Provides structure of the government

and prescribes procedure
Determines the competence of the
administrative authorities
Fixes the organization
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
Governs:
a. Organization
b. Functions
c. Procedures of administrative
agencies
d. Quasi Legislative power
e. Quasi Judicial power
Scope of Administrative Law: ()
Fixes the administrative organization
Execution or Enforcement of which
is entrusted to Administratvie
Authorities
Governs public officers including to
act: (RDLE)
a. Rights
b. Duties
c. Liabilities
d. Election
Creates administrative agencies,
Defines their Powers and Functions,
Prescribed their Procedures
Provides remedies, administrative or
judicial, available to those aggrieved
by administrative actions
Governs Judicial Review, or Relief
against actions or decisions
Rules and Regulations Orders and
Decisions made by administrative
authorities
dealing
with
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

Leon, Jr., Hector
Interpretations and Enforcement

of the law
Body of judicial decision and
doctrines dealing with above.
Administrative Law embraces

not only the law that governs
the administrative authorities
such as statutes and
constitution but also the law
made by administrative
Meaning
of Administrative Authorities
authorites, rules and
Administrative Authorities:
All those public officers and organs
of the government
Charged
with
amplification,
application and execution of the law.
Concerns in
Private rights
a. Protection of Private rights,
relief against administrative
action
Delegated powers and Combined
powers:
a) Concerns with office of
agencies exercising delegated
powers and not with the
exercise of the constitutional
powers of the president.
b) Concerned with results from
fusion of different type of
governmental powers.
Distinguished from
International Law
Administrative Law guides officers

of the administration and action
against their agents of the
government
International Law cannot be
regarded as binding upon the officers
of any government.
Distinguished from
Constitutional Law
Constitutional law General plan or

framework of the government;
Treats rights of the individual;

Prescribes limitations on the powers
of the government;
Administrative Law it carries out
the plan in its minutes details;
Treats them from the standpoint of
the powers of the government;
Indicates to individuals for the
violation of their rights;
Necessary
supplement
of
constitutional law;
Distinguished from
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 administrative
law to give certain law a penal
sanction.
Distinguished from Law of
Public Administration:
Public Administration practical

management and direction of the
various organs of the state and the
execution of state policies.
Administrative law the subject
matter is public administration.
Principal Subdivisions of
Administrative
In General:
Law
a) Public administration may be
examined in its internal or
external aspects
b) Law
of
internal
administration
c) Law
on
external
administration
The law of internal administration
treats of the legal relations between
the
government
and
its
administrative officers.

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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.
The law of external administration
concerned with legal relations
between administrative authorites
and private interest;
a) Parts conveniently divided
into four parts;
A. Survey
of
those
powers and duties
B. Analysis of the scope
C. Account the sanctions
attached to
D. Examination of the
remedies
against
official action
b) Principal Concerns
-problems of administrative
regulations rather than those
of
administrative
management;
Classification of
Administrative Law
As to its source:
A. The law that controls
administrative authorities;
Constitution
Statutes
Judicial Decisions
Executive orders of
the President
Administrative orders
B. The
law
made
by
administrative authorites;
General Regulations
Particular
As to its purpose;
A. Adjective
or
procedural
administrative law a
procedure which an agency

must or may follow
B. Substantive Administrative
Law derived from the same
sources
yet
the
law
establishes primary rights and
duties
As to its applicability;
A. General Administrative Law
general nature and common
to all; the doctrine of
Exhaustion
of
Administrative Remedies.
B. Special
or
Particular
Administrative Law;
Pertains
to
particular
agencies; proceeds from
particular statute;
Due Process:
1. Must Equally Apply to
the same class.
2. Germaine Principle of
the Law
3. Not Limited to Existing
Conditions
4. Substantial Description
Judicial Review:
Applicable to the same
1. There must be actual
class
controversy.
2. The question must be
raised by the proper
party
3. The question must be
raised at the earliest
opportunity
4. The decision of the
Originconstitutional
and Development
question
of Administrative
Law to
must be necessary
the determination of
Recognition
the casegiven
itself. as a distinct
category of law
Multiplication
of
government
functions
Growth
and
utilization
of
administrative agency;
A. It
has
developed
from
combination of forces, some
pressing on the legal system from

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without, and some others from

within. To a large extent,
administrative law has developed
in response to the need for broad
social or governmental control
over complex conditions.
B. Issues with which it deals ought
to be decided by experts/
Fusion of different powers of
government
in
administrative
agencies;
A. Extensive investigation, rule
making,
and
adjudication
powers.
B. Power to promulgate rules and
regulations to better carry out
some legislative policies
C. Rules and regulated promulgated
b them
A law in the making.
Philippine Administrative Law
Scope of the
Administrative Process
Administrative Process includes

whole of the series of act of an
administrative agency.
Advantages of the
Administrative
Advantages
ofProcess
administrative
adjudication as compared with
executive execution;
A. Practicable,
insures
greater
uniformity and impersonality of
action.
B. Congress has resorted to
administrative process as an
alternative to executive action
Limitations upon powers of court.
jurisdictional issues.
Trend toward preventive legislation;
A. Ripeness for judicial relief
penal laws or criminal offense
under administrative agencies
B. Need for more effective and

flexible preventive remedies
Limitations upon effective legislative
action;
A. Incorporation
of
regulatory
details into the statutes. Practical
impossibility/
B. Lack of time and specialized
knowledge, lack of staff for
securing expert information and
complexity of the problem.
C. Lose itself in details to the
detriment of its indispensable
functions.
Limitations upon exclusively judicial
enforcement.
Advantages of continuity of attention
and clearly allocated responsibility.
Need for organization to dispose of
volume of business and to provide
necessary records.
Criticisms against
administrative Action
Tendency towards Arbitrariness

Lack of legal knowledge and
Aptitude
in
sound
judicial
technique.
Susceptibility to political bias or
pressure.
Disregard for the safeguards that
insure a full and fair hearing
Absence of standard rules of
procedure.
Dangerous
combination
of
legislative, executive, and judicial
fumctions.
Relation between
administrative agencies
and courts
Collaborative instrumentalities;
Collaboration of judicial
power and function with the
administrative process is a

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necessary part of todays

legal system.
Rule of Courts
A. To
Accommodate
administrative process.
B. To accommodate private rights.
C. Reconcile in the field of
administrative action.
Discharge of Judicial Role;
A. Maintain the Constitution by
seeing that powers are not
unlawfully vested.
B. To give due Deference
C. To lend Power
D. To leave the legislature or the
people
the
Remedy
for
administrative action.
Administration of
Government distinguished
from Administration of
Justice
Administrative Officers charged

with administration of government
Judicial Officers charged with
administration of justice.
eneable me to live in a civilized

state; It is an aggregate of authorities
which rule a society.
A person cannot merely ask
opinion of the supreme court
regarding enacted laws for
the supreme court strictly
follows the process in Judicial
Review and a mere asking of
an opinion is contrary to the
Requisite of Judicial Review of
Actual Contorversy
Chapter II: Nature and Organization of

Administrative Agencies.
Creation, reorganization,
and Abolition of
Administrative Agencies:
Administration as a
Separate Power
As a function;
A. Taken as the activity of the
executive officers.
B. Administration had to do with
carrying of laws into effect.
As An organization;
Aggregate of persons on whose
hands the reins of the government
are for the time being.
Administration as an
Organization
Distinguished from
Government
Government refers
to the
institution
of
aggregate
of
institutions. Independent society
makes and carries out those rules of
action which are necessary to
In General:
Some powers are from constitution
self executing.
Most of them are from Legislative
Enactments.
A. Creation may present questions
relating to the powers and
functions.
B. Duly executed acts of an
administrative agency.
Administrative Agencies of Statutory
Origion. Subject to expansion and
contradiction of powers.
Vested powers to the president.
A. Purpose of the statute is to
abolish a department or office.

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B. Expansion and conversion of

entities.
C. Congress can delegate power to
create positions.
Meaning of
Administrative Agency
Administrative Agency;
Agency exercising some
significant combination of
executive, legislative, and
judicial powers.
A. Covers boards, commissions,
division,
bureaus,
and
departments.
B. Terms employed Funtionaries
with which administrative law is
concerned.
C. Agency of government is used to
refer to any of the various units
of the government. (diminution
of benefits)
Administrative Agency or
Body and Court
Distinguished.
Administrative body has been staffed

by men who deemed to become
something of experts in their
particular fields.
First performs a variety of functions,
while the second has only one
function judicial
First uses varying degree of
discretion in arriving at decisions;
fixed rules in arriving at its
decisions.
Status or Character of
Particular Administrative
Agencies
A. They represent no private interest

of their own but functioning
within the scope of their
authority.
B. Customarily been restricted to
persons vested under statute with
real power to act for the
government.
C. The form of agency is not a
determinative
question
of
whether it is an agency.
As Judicial Bodies or Courts.
A. Not courts in the strict sense.
Administrative
Agencies
cannot
exercise
purely
judicial functions.
They do not constitute courts
or judicial bodies but to
represent a public interest.
B. Courts in the broad sense. they
perform the courts function
when the same is not present.
C. Functions primarily regulatory
conducts hearings and decides
controversies.
As
Legislative
or
Executive
Agencies;
Deemed to be agents of
legislative branch.
A. Administrative agencies may be
said arms and instrumentalities of
the legislative branch of the
government.
B. They may be viewed as part of
the executive branch of the
government.
As independent or subordinate
bodies.
As corporate bodies or legal entities.
Main Characteristics of
Administrative Agencies
As public or governmental agencies

they may be agencies of the state
or government.
Size;

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Reflects their nationwide

jurisdiction
Character of their work.
Specialization: - becomes specialized
from experience or include persons
with technical or professional
training.
A. Prevention
or
reduction
controversies. bears to reduce
point of controversy.
B. Adjudication and Rule making.
Responsibility for results.
A. Productive
attitude
towards
issues nor can they take purely
neutral
attitude
toward
accomplishment of the task with
which they are charged.
B. Responsibility
for
effective
enforcement of public policy.
Variety of administrative duties.
Consequence of
Characteristics
Delegation of function and authority.

Each of the functions calls for
internal organization which involves
an allocation of functions among the
members and staff of the agency.
Major work of the heads of an
agency is normally supervision and
direction.
A. They cannot themselves be
specialist in all phases of work
hence
specialist
must
be
immediately available to them.
B. Many persons in the agency
other than the heads must do the
bulk
of
this
work
of
administrative procedures.
C. Delegation of function and
authority be a predominant
feature of their organization and
procedure.
Delegation
of function
and Authority
Types:
A. Delegation
of
Internal
Management.
B. Delegation of Authority to
dispose of routine matters.
C. Delegation of Authority to
dispose of matters informally,
or
to
initiate
formal
proceedings.
D. Delegation of Authority and
function in formal proceedings.
E. Authority to conduct formal
hearings.
Degree
A. The statement by agency heads
or
policies
which
have
crystallized for routine and
application.
B. Consideration by agency head.
C. Requirement of weekly or even
daily.
Types of Administrative
Agency
Created to function in situations

wherein the government is offering
some gratuity, grant, or special
previlige.
Set up to function in a situations
wherein the government is seeking to
carry on certain functions of
government
Set up to function wherein the
government is performing some
business service for the public.
Set up to function where the
government is seeking to regulate
business affected with public
interest.
Set up to function where government
is seeking under the police power to
regulate private business individuals.

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Agencies set up to function wherein

government is seeking to adjust
individual controversies because
some strong social policy involved.
ADMINISTRATIVE
ORGANIZATION
Distribution of Powers of
Government
Administrativve Organization
refers to the administrative structure
of the government.
Traditional Branches.
A. The legislative Power shall be
vested in the congress of the
Philippines.
B. Executive Power vested in the
president.
C. Judicial Power Vested in one
supreme court.
Special Bodies or Agencies.
A. Three Independent Constitutional
Commissions.
Civil
Service
Commission.
Commission
on
Elecctions.
Commission on Audit
Organization of the Office
of the President
Office of the President shall Consist:

Private office Providing
direct
service
to
the
president.
Executive Office headed by
the Executive Secretary
refers to the Office of the
Executive Secretary, Deputy
Executive Secretaries, and
Assistant Executive Secretary

and
provides
full
responsibility to the specific
needs and requirements of the
President.
Common
Staff
Support
System under the general
categories of development
and management.
Presidential
Special
Assistants / Advisers System
Provides advisory or
consultative Servicdes to the
President.
Agencies under the Office of the
President. refers to the offices
under the chairmanship of the
President.
The President subject to the Policy
on the Executive Office.
A. Restructure
B. Transfer any function
C. Transfer Agency (provided they
are under the office of the
president)
Organization of
Departments
Department refers to an executive

department created by law.
A. Number,
purpose,
and
decentralization
Executive Branch shall
have such departments as
are necessary for the
function of distribution of
the work of the president.
The Departments shall be
organized and maintained
to insure their capacity to
plan
and
implement
programs.
Bureaus and offices under
each department shall be

Leon, Jr., Hector
grouped primarily on the

basis
of
major
functioning.
Functions
of
the
departments should be
decentralized in order to
reduce red tape.
B. Department Proper.
Department Proper shall
include the Office of the
Secretary and the staff
units directly under it.
Every Secretary shall be
assisted by such number
of undersecretaries.
Assistant
Secretary
positions may be created
to form part of the
Department Proper.
Includes the services of
Planning
Service,
Financial
and
Management.
C. Jurisdiction over bureause, etc.
Each department shall
have jurisdiction over
bureaus,
offices,
regulatory agencies, etc.
D. Assignment of Offices and
Agencies, etc.
The president by virtue of
executive order, shall
assign
offices
and
agencies not otherwise
assigned by law.
Undersecretary shall advise and

assist the secretary in the formulation
and implementation of department
objectives and policies.
Assistant secretary shall perform
such duties and functions as may be
provided by law or assigned by the
latter.
Department Service
Planning service:
Provide the department
with economical efficient
and effective service
relationg to planning,
programming, and project
development, etc.
Financial Management Service:
Assist in the budgetary,
financial
management
matters.
Administrative Service:
Provide department with
such
efficient
and
effective personal and
legal assistance.
Technical Service:
Take charge of the
technical staff
Legal Service:
Substantial legal work
Provide legal advice to
the department.
Organization Bureaus
Secretaries,
Undersecretaries, and
Assistant Secretaries.
Secretary has the authority and

responsibility for the exercise of the
mandate of the Department and for
the discharge of its powers and
functions.
Bureau refers to any principal

subdivision or unit of any
department.
Powers and Duties of the head of the
Bureaus
A. Bureau
is
any
principal
subdivision of the department
performing a single major

Leon, Jr., Hector
function or closely related

functions.
B. Head of the Bureau or office
shall be its chief executive.
C. He shall appoint personnel to all
positions in his bureau or office
in accordance with the law.
D. He may designate the assistant
head to act as chief of any
division or unit within the
organization.
E. He shall prescribe form and fic
the amount of all bonds executed
by private parties to the
government under the laws
pertaining to his bureau or office,
provided they are in accordance
with the law, rules and
regulations.
F. He shall prescribe forms and
issue circulars.
G. He is authorized to issue orders
regarding the administration of
its internal affairs.
Bureaus are either staff or line:
A. A staff bureau shall primarily
perform a policy development
and advisory function. And avail
itself of planning, financial and
administrative services.
The Director of Bureaus
shall;
a. Advise and Assist the
Office
of
the
Secretary on Matters
relating to bureaus
specialization.
b. Provide consultative
and advisory services
c. Develop
plans,
programs, operationg
standards,
and
administrative
techniques
d. Perform such other
duties
B. A Line Bureau shall directly

implement programs adopted
pursuant to department policies
and plans.
The director of Line
Bureau shall:
a. Exercise supervision
and control over all
divisions and other
units.
b. Establish policies and
standards
c. Promulgate rules and
regulations necessary
to carry out bureau
objectives.
d. Perform such other
duties.
Organization of Field
Office.
Regional Offices;
They shall be established
according to law defining
field service area.
Administration
Responsible
for
the
department or agency
functions performed in
the region under his
jurisdiction.
Supervision:
The function may be
performed by the regional
offices
under
the
supervision and control of
the department proper.
Shall perform primarily
advisory or auxiliary
functions.
Organization:
Regional office of the line
bureau MAY have units or
personnel in which the
functional areas of the

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primary units of the bureau

are represented.
Functions of a Regional Office:
Implement laws, policies,
plans, programs, rules and
regulations.
Provide economical, efficient
and effective.
Coordinate
with
other
regional offices, bureaus and
agencies.
Coordinate
with
local
government units.
Perform such other functions.
Definition of
Administrative
Relationship.
Supervision and Control:

A. Act directly whenever a specific
function is entrusted by law.
B. Direct the performance of duty.
C. Review, approve, reverse or
modify acts and decisions of
subordinate.
D. Determine priorities in the
execution of plans.
E. Prescribe standards, guidelines,
plans and programs.
Control shall encompass supervision and
control as defined above.
Administrative Supervision:
A. Shall govern the administrative
relationship between department
or its equivalent and regulatory
agencies or other agencies as
may be provided by law.
To generally see the
operations
of
such
agencies
To require submission of
reports.
To take such action as
may be necessary for
proper performance.
To review and puss upon

budget proposals of such
agencies.
B. Such authority shall not,
however, extend to:
Appointment and such
other personnel actions in
accordance
with
decentralization
of
personnel.
Contracts entered into by
agency in the pursuit of
its objectives.
The power to review,
revise and modify the
decisions of regulatory
agency.
C. Unless otherwise, Supervision
shall encompass administrative
supervision as defined above.
Attachment:
Refers
to
the
lateral
relationship between the
department or its equivalent.
A. Coordination may be
accomplished by:
a. Having
the
department
represented in the
governing board of
the attached agency or
corporation.
b. Having the attached
corporation or agency
comply with a system
of periodic reporting.
c. Having
the
department or its
equivalent
provide
general
policies
through
its
representative in the
board.
B. Matters of day to day
administration or all those
pertaining to internal

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operations shall be left to

the
discretion
or
judgment of the executive
officer of the agency or
corporation. He shall
bring the matter to the
President for Resolution
and Discretion.
C. GOCC attached to a
department shall submit
to the secretary concerned
their audited financial
statements within 60days
after the close of the
fiscal year.
D. Pending
submission
required
financial
statements
of
the
corporation shall continue
to operate on the basis of
the preceding years
budget until the financial
statement have been
submitted.
Authority of Department
Secretary.
The Secretary of Department shall

have supervision over bureaus and
the like, guidelines are as follows:
A. Initiative freedom of action in the
part of subordinate units.
B. Control shall be exercised as
provided by law.
C. With respect to regulatory
function, it shall not apply to
chartered institutions or GOCC
attached to department.
Delegation of Authority.
Powers and Functions of

Department Secretary
Advice the President in issuing

Executive Orders.
Establish the policies and standards
for the operation of the Department.
Promulgate Rules and Regulations
necessary to carry out department
objectives.
Promulgate administrative issuances
necessary for efficient administration
of the offices.
Exercise disciplinary powers over
officers and employees.
Appoint all officers and employees
of the department.
Exercise jurisdiction over all
bureaus, offices, agencies and
corporations under Department.
Delegate Authority to officers and
employees under Secretary.
Perform such other function.
The Secretary or the head of agency

shall
have
authority
over
responsibility for its operation. He
shall delegate such authority to the
bureau and regional directors as may
b necessary for them to implement
plans and programs adequately;
A. Delegated authority shall e to the
extent necessary for economical,
efficient
and
effective
implementation.
B. Delegation shall be in WRITING
shall indicated which officer or
class of officers and employees
the delegation is made.
Line Bureau Authority
Line bureaus of a department shall

exercise supervision and control over
their regional and field offices. They
are responsible for development of
implementation of plans and
programs.

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Relationship of GOCC to
the Department
GOCC refer to any agency

organized as stock, non stock
corporation vested with functions
relating to public needs whether
governmental or proprietary in
nature.
A. They may be further categorized
by the Department of Budget and
Management, the CSC and the
COA for purpose of the exercise
and discharge of their respective
function.
B. They shall be attached to the
appropriate department with
which they have allied functions.
C. At least 1/3 of the members of
the board should either be USec
or Sec.
Relationship of
Regulatory Agencies to
the Department
C. The regulatory agencies may

avail themselves of the common
auxillary
and
management
services of the department.
They shall undertake the bureau

operations within their respective
jurisdiction.
A Regulatory Agency refers to any

agency expressly vested with
jurisdiction to regulate, administer or
adjudicate
matters
affecting
substantial rights and interest of
private persons.
A. It
shall
be
subject
to
administrative supervision.
B. The heads of regulatory agencies
shall submit annually, for the
approval of the secretary
concerned, their budgets and
workplans.
Reason behind the Legislature

creating administrative agency
because of their POWER OF
THE
PURSE
for
the
Legislature
approves
the
budget that would be allotted
to the Administrative Agency
Ecology clause in the 1987
Constitution is not self
serving.
Chapter 3: Powers and Functions

of Administrative Agencies
Meaning of Powers and
Functions
Function is that which one is

bound or which it is ones business
to do.
Power it is by means which a
function is fulfilled.
Source of Power
Constitution
Statutes
Scope of Powers
Express and Implied powers.

A. If no provision as provided with
election power, the secretary,

Leon, Jr., Hector
with regard to election protest,

has no power or authority to pass
upon the validity or regularity of
the election of the officers of said
katipunan.
B. In the absence of legislation,
administrative agency cannot
impose fines with regard to
administrative fines and public
services.
C. Statutes conferring powers on
administrative agency must be
liberally construed to enable
them to discharge their duties.
Power to issue an ex parte
cases where there is a prima
facie evidence; general power
and duty is conferred by law.
Statute granting powers to an
agency created by the
constitution
should
be
liberally construed for the
advancement purpose and
objectives for which it was
created.
Inherent powers:
Administrative agency has no
inherent powers, although implied
powers may sometimes speak of
inherent
Quasi Judicial Powers:
A. Jurisdiction of administrative
case is dependent entirely upon
the provision of the statute
reposing power in them
B. Exercise of power will most
effectively prevent or stop
specific violations of law.
C. Administrative Agencies are of
Tribunals of Limited Jurisdiction
granted by them of the enabling
statutes.
Illustrative Cases:
Makati Stock Exchange Inc. Vs

Securities
and
Exchange
Commission (14 scra 620, 1965)
Securities and Exchange Commission
prohibits double listing of stock
securities in stock exchanges. The
Commission possess no power to impose
condition of the rule which result to the
discrimination and violation of the
constitutional rights.
Radio Board Communications of
The Philippines., Inc vs Board of
Communications (80 scra 471, 1977)
Administrative Agencies only exercise
such powers as are expressly or by
necessary implication conferred on them
by law. They can only adjudicate matters
coming within their jurisdiction. The
charge does not relate to the
management of the facilities and system
of transmission of message by petitioner
in accordance with its certificate of
public covinience.
Matienzo vs Abellera (162 scra 11,
1988)
The board of transportation (BOT)
granted provisional permits for the
operation of excess taxicab units
allegedly despite the lapse of its power
to do so. When the period of the
moratorium suspending the relentless
drive to eliminate illegal operations
shall end, the authority given should be
liberally construed in the light og the
purposes for which it was created.
Nature of Powers
Jurisdiction Limited:
The
jurisdiction
of
administrative agency and
officers is special and
limited.
They possess constitutional
or statutory powers.

Leon, Jr., Hector
Powers within their jurisdiction

broad:
The powers of administrative
bodies have been held broad
and plenary within there
fields.
Take notice of the authority
to act, and are charged with
knowledge of any and all
limitations on their power.
Powers subject to the Constitution,
applicable law, or administrative
Regulation:
Respect of presumption of
constitutionality.
Not authorized to substitute
its own judgment for any
applicable
law
or
administrative
regulation
with the wisdom or propriety
of which it does not agree.
Powers of Administrative
Agencies Classified
Illustrative Cases:
Vda de. Herrera vs Bernardo (650

scra 87, 2011)
The COSLAP decided the question of
ownership over the subject land.
Administrative Agencies like COSLAP, are
tribunals of limited jurisdiction that can
only wield powers which are specifically
granted to it by its enabling statute. Since
COSLAP has no jurisdiction over the action,
all the proceedings therein, including
decision rendered, are null and void. It
cannot be the source of any right or create
any obligation.
What
constitute
Administrative Power or
Administrative Function
Convenient rather than technical

term.
Powers not explicitly legislative,
executive, and judicial.
Powers involve exercise of judgment

and discretion
- Perhaps
the
most
important
administrative
function is the
exercise
of
judgment and
discretion.
Regulatory
and
control
powers
Literal interpration of words;
just and equitable judgment.
As to Nature:
A. Investigatory Power
B. Quasi Legislative Power or
Rule Making Power
C. Quasi Judicial or Adjudicatory
Power.
Regulatory Power May
be Legislative or Judicial
in nature.
Regulatory Action may
constitute Adjudication.
Executive
or
Administrative the
power
to
conduct
investigation and the
power to carry out the
provisions of law.
Adjudicatory involves
the exercise of judgment
and discretion.
As to the decree of subjective choice:
A. Ministerial
B. Discretionary
Discretionary and
Ministerial Powers

Leon, Jr., Hector
Discretionary:
A. It may choose which several
courses will follow.
B. Discretion may be defined when
applied to public function as the
power or right conferred upon
them by law of acting officially
under certain circumstances.
Ministerail:
A. Nothing is left to its discretion.
B. Duties and responsibilities are
limited which are provided by
law.
C. Definite duty are those admitted
or proved by law.
D. Ministerial acr has been defined
as one performed in response to a
duty which has been positively
imposed by law. (Mandamus)
Investigatory Power
Generally
Scope:
Investigatory or inquisitorial
powers include power iof an
administrative
body
to
inspect the records and
premises and investigate the
activities of a person or
entities coming under their
jurisdiction.
Investigatory power
- Their power
and facilities
to investigate,
initiate action,
and control the
range
of
investigation.
Sole powers granted:

They exist solely to secure
and provide information, and
in some cases to make
recommendations.
As aid to other powers:
Useful aid or tool in an
administrative
agencys
performance of its rule
making or quasi judicial
function.
Informs
themselves
of
particular
situations
to
determine
whether
they
should take further action.
As distinguished from judicial
function:
It does not exercise judicial
functions and its power is
limited to investigation the
facts and making findings
and
recommendation
in
respect thereto.
Adjudications purpose is to
evaluate evidence submitted
before it based in the facts
and circumstances presented
to it; if the agency is not
authorized to make a final
pronouncement affecting the
parties, then there is an
absence of judicial discretion
and judgment.
Illustrative Case
Ruperto vs Torres ([unrep] 100 phil.

1098, 1957)
Special civil action by certiorari was
instituted against an administrative agency
exercising only investigatory and advisory
powers. Boards function is limited to
conducting investigations and making
findings. The board neither adjudicates

Leon, Jr., Hector
upon nor determines the rights and interest

or duties of parties. It is limited to
investigatory and or investigating the facts
and making findings in respect thereto.
CLEARLY GIVEN BY
THE
STATUTE.;
compulsory process of
subpoena.
Hearing
Contempt
proceeding
(administrative
body
however cannot exercise its
power to punish a person for
contempt. It must be the
courts jurisdiction)
Application of Technical
Rules of Procedure and
Evidence.
Scope and Extent of

Powers
Authority to obtain information

necessary to discharge proper
function.
Initiation of investigation.
Conduct of investigation.
Inspection and examination
a. Determination
whether
any person has violated
any provision of the act
being administered or
which may aid in the
enforcement of the act.
b. Fact finding quasi
judicial bodyhas the
power to take into
consideration the result of
its own observation and
investigation
of
the
matter submitted to it for
decision.
Requirements as to accounts,
records,
reports,
or
statements.
Requiring attendance of
witness, giving of testimony,
and production of evidence.
a. Common to confer to
administrative agencies,
even for purpose not
quasi judicial.
b. Administrative
agency
may not compel the
attendance of a witness
but that the compulsion
must be exerted through
JUDICIAL PROCESS.
c. The power to compel
witness
must
be
Illustrative Cases
Carmelo vs Ramos (6 scra 836,

1962)
Committee created by Executive Order of
Mayor of Manila to investigate anomalies
issued subpoenas and demanded that
witnesses testify under oath. Committee
without authority to issue subpoenas and
require appearance of witness. Before one
can apply to the courts for the punishtment
of a hostile witness, he must first show that
he has authority to take testimony or
evidence. The delegation by the Mayor the
power to investigate does not imply also a
delegation of the power to take testimony or
evidence of witness whose appearance may
be required by the compulsory process of
subpoena.
Evangelista vs Jarencio (69 scra 99,

1975)
Respondent questioned legality of subpoena
issued by an administrative agency charged
with the function, among others, to
investigate graft and corruption when there
was no charged or complaint of violation of
law pending. Rightly, administrative
agencies may enforce subpoena issued i the
course
if
investigations,
whether
adjudication is involved, and whether or not

Leon, Jr., Hector
probable cause is shown and even before the

issuance of complaint. It is enough that the
investigation be for a lawfully authorized
purpose. The purpose of the subpoena is to
discover evidence not to prove a pending
charge.
Catura vs Court of Industrial

Relations (37 scra 303, 1971)
Officers of labor union charged with
unauthorized disbursement of union funds
refused to deliver and deposit certain
documents in connection with the courts
investigation of the charge. The books of
accounts and other records of the financial
activities of a legitimate labor organization
shall be open to inspection by any officer or
member. The issue here is whether the CIR
can acquire labor organizations book of
accounts and the like. It cannot be said that
such requirement is beyond the statutory
power conferred.
Importance of
Administrative
Investigations
Life blood of administrative agency is the

flow of fact, gathering, the organization and
the analysis of evidence.
Investigation is useful administrative

function for prosecuting, for
supervising and directing, for
determining general policy, for
recommendation legislation among
others.
Administrative Agency may be
authorized to make investigation; it
may conduct general inquiries into
evils calling for correction, and to
report findings to appropriate bodies
and make recommendations for
action.
Right to Counsel in an
Administrative
Investigation
Hearing not part of the Prosecution:

A. A party in administrative inquiry
may or may not be assisted by
counsel, irrespective of the
nature of the charges and the
respondents
capacity
to
represent himself.
B. The right to counsel is not alwaus
imperative in administrative
proceedings or investigation
because such inquiries are
conducted to merely determine
whether there are facts that
merit disciplinary measures
against erring public officers
and employees with the
purpose of maintaining the
dignity of government service.
Exclusionary rule in Custodial
Investigation not applicable.
Rule Making Powers
Generally:
Nature:
A. Administrative agencies are
endowed with powers legislative
in nature or quasi legislative.
They have the power to make
law by virtue of rules and
regulations coming from a law.
Administrative rules and
regulations are in the
nature
of
new
or
additional
legal
provisions that have the
effect and force of law.
However
they
are
precluded
from

Leon, Jr., Hector
legislation in a strict
sense.
What may be granted to
an administrative agency
is rule making power to
implement the law it is
entrusted to enforce.
Rules and regulations.
Necessity:
A. The power to make rules and
regulations, the most pervasive
legislative power.
Vested because of the
impracticability of the
lawmakers
providing
general regulations for
various
and
varying
details of management.
Increasing complexity of
modern life and variety of
public functions.
By filling in those details
which only legislative
may neither provide
Conditions:
A. Grant of rule making power is an
exception to the rule with two
conditions.
The statute is complete in
itself, setting forth the
policy to be executed by
the agency
Said
statute
fixes
standard, mapping out the
boundaries
of
the
agencys authority to
which it must conform
Binding force and effect:
A. A
rule
and
regulation
promulgated by administrative
agency have binding force and
effect of LAW. A regulation not
adopted pursutan to law is no law
and shall has neither the force
nor effect of law.
Prospective / retroactive application:

A. Administrative
rules
and
regulations
operates
prospectively as well except as
provided by the intent of its
framers.
Legislation on the
Administrative Level
Legislative power is to make, alter,

or repeal laws or rules for the future.
Legislation or judicial power
operates in the future trather than on
past transaction or circumstances.
A. Delegated Legislation power of
administrative agency to make
implementing or interpretative
rules or regulations and is
legislative in character; Rule
Making is legislation within the
confines or scope of the granting
statute.
B. Also
called
administrative
legislation; delegated legislation;
ordinance making; quasi judicial
legislation.
C. Adequate source of authority is
the power conferred to an
administrative agency to issue or
promulgate rules and regulations
necessary to carry out its
function.
Limitations on the Rule
Making power
Make rules and regulations which

are inconsistent with the provisions
with the consitutition or a statute.
Would deeat the purpose of the
statyte.

Leon, Jr., Hector
Amend, alter modify, extend,

supplant, or expand or restrict or
limit the provisions or coverage of
the statute. It cannot engraft
additional requirements or embrace
matters not covered or contemplated
by the statute.
They can make rules and regulations
as within the scope of their powers
The rules and regulations created by
agency when there is a dispute with
basic law, the basic law prevails for
the rules and regulations cannot go
beyond the terms of the provisions
Shall be uniform in operation,
reasonable and not unfair or
discriminatory
Rules, Regulations, and
Orders or Rulings
Distinguished
Rules and Regulations

Rules
and
regulations
of
administrative agency comprises
those actions of such body or officer
in which the legislative element
predominates in that they establish a
pattern of conduct.
Administrative regulations constitute
nothing more than an administrative
option as to what a statute under
construction means.
Orders or Determinations
The latter are actions in which there
is more of the judicial function
which deal with a particular present
situation.
Term ruling frequently used to
signify an interpretation or an
application of a rule or statute to a
particular situations; Ruling partake
somewhat of the characteristics of
individual
case
decisions
of
interpretations of
advance opinions.
advisory
or
Kinds of Rule Making

Powers/Rules and
Regulations
Rule Making powers:

A. Supplementary
or
detailed
legislation reason of particular
delegation of authority.
B. Interpretative
Legislation
construction and interpretation of

statute being administered.
C. Contingent
Legislation
or
determination whether a statute
should go into effect or not.
Administrative Rules:
A. Procedural rules.
B. Discretionary
C. Legislative
D. Interpretative
E. Contingent
F. Internal
issued
by
administrative superiors to his
subordinates
G. Penal prescribes criminal
sanctions.
Legislative Rules and
Regulations
A form of subordinate legislation

can issued only in virtue of statutory
delegation
A. Valid: accorded the force and
effect of law immediately upon
going into effect; supplementing
the statute; pursuant to delegation
of legislative power
B. Administrative
rules
may
describe the general discretionary
policies to be followed by the
agency

Leon, Jr., Hector
Characteristices:
A. Statute has delegated power to
the agency to adop the rule
B. Provides that the rule shall, if
within the delegated power have
authoritative force
Interpretative Rules and
Regulation
Resemble Judicial Adjudication:

A. Rules
constitute
the
administrators construction of
statute; it is performing a judicial
function rather than legislative
function
B. Interpretative regulations have
validity in judicial proceedings
only to the extent that they
correctly construe the statute; it
is the statute and not in the
regulation to which an individual
must conform
Entitled to great weight and respect
administrative interpretation. The court held

that when an administrative agency
promulgates rules and regulations, it makes
a new law with the force and effect if a valid
law while when it renders an opinion or
gives a statement if a policy, it merely
interprets a pre existing law. Circular no.
22 was therefore issued to apprise those
concerned of the interpretation of
understanding of the Commission of the law
as amended which it was its duty to enforce.
It did not add duty or detail that was not
already on the law. It merely stated and
circularized the opinion of the Comission as
to how the law should be construed.
Contingent rules and
regulations
Legislative and
Interpretative rules
distinguished
Power to create new law/interpret

existing law:
Need for express delegation
Presence of statutory sanction
Binding force and effect
Consequence
of
a
wrong
construction
Illustrative Cases:
Victorias Milling Co. vs Social

Security Commission:
The issue here is whether the Circular No.
22 which includes the overtime pay and
bonus is a rule or regulation or a mere
It may delegate power not legislative

which it may itself rightfully
exercise. The power to ascertain
facts is such power which may be
delegated.
The finding by an administrative
authority if the existence of
conditions defined it statute under
which its provisions shall become
iperatiove comes under the head of
rule making.
A. Proviso
B. The president becomes the mere
agent of legislation for he is
required to act in the execution of
the act
Procedural Rules
This term refers to those describing

the methods by which the agency
will carry out its appointed functions
rules which make provisions for
the filing of applications, the
resolution of complaints, the serving
of papers, the conduct of hearings
and the like.

Leon, Jr., Hector
Ordinance power of the
President
Executive orders this provides for

rules and regulations and the
exercise of the Constitutional or
statutory power of the President
(General)
Administrative Orders this relate to
the particular aspect of governmental
operation in pursuance of his duties
of the President as Administrative
head (specific)
Proclamations this is the fixing a
date or declaring a status or
conditions of public moment or
interest of the President
Memorandum Orders Deals with
the matters in administrative detail or
of subordinate or temporary interest
which only concern a particular
officer or office of the government
Memorandum Circular- relates to the
matters on internal administration,
which the president desires to bring
to the attention of all or some of the
departments, agencies, bureaus or
offices of the government, for
information or compliance
General or Specific orders acts and
commands as the Commander in
Chief of the President
Administrative Issuances
of Secretaries and Heads
of Bureaus, offices or
agencies
General Classification of Issuances

A. Circulars
Administrative
Circulars refers to issuances
prescribing policies, rules and
regulations, and procedures
promulgated pursuant to law,
applicable to individual
B. Orders Administrative orders

refers to issuances directed to
particular offices, officials, or
employees.
Numbering system of issuance
chronological number of the
circulars or orders
Official Logbook records of final
acts or decision or transaction of
contracts among others
Government wide application of
the classification of issuances
Practical Necessity of the
Rule making power
Regulation of Highly complex and

changing conditions
Gradual change in regulatory of role
of congress
Inability of legislative bodies to
anticipate future situations
Special Advantages of the
Rule Making power
Freed from concern with details

Legislature has additional time to
investigate the manner which
administrative
authorities
have
concretized
Becomes easier to correct mistakes
and to meet changing conditions
Administrator is saved from dilemma
that often faces when his hands are
tid by the red ta[e
Can work on trial and error and work
out
specific
regulations
best
calculated to attain statutory
objective
Bureaucracy is subjected to political
responsibility with respect to

Leon, Jr., Hector
dinscretionary matters and to

professional responsibility with
respect to technical matters
More reliable to abuse than to abuse
if statutory generalities are made
Interpretative regulations are a
means of increasing the certainty of
the law
Contingent legislation furnishes a
means by which a policy can be
blocked out by the legislature
Requisites for Validity of

Administrative Rules and
Regulations
Must be issued in the authority of

law
Must not be contrary to law and
constitution
Must be promulgated in accordance
with the prescribed procedure
Must be reasonable
Grant
power
of
Rule
Questions
Relevant
Determining Validity
Rules
Making
By Some legislative Act

By implication from the powers
expressly granted
A. The power to fix minimum wage
does not confine an agency to
that single act
B. The question as to the power of
an agency to adopt procedural
rules ins on which rarely arises
C. Equally clear that an agency may,
without a specific statutory
authority, make known its
interpretation of the provisions of
the statute it administers
Consistency with Law and
Constitution
They must be within the scope and

purview of the statutory authority
granted by the legislature:
A. Must be germane to the object
and purpose of the law
B. Must relate solely to carrying
into effect the general provisions
or policies of the law they seek to
apply and implement
Must be confined to details for
regulating the mode of proceeding to
carry into effect the law as it has
been enacted
A. Cannot be extended to amending
or expanding the statutory
requirements or to embrace
matter not covered by the statyte
or beyond its terms and
provisions
in
of
Legislative Rule:
A. Whether rule relates to the
subject matter on which power to
legislate has been delegated
B. Whether the rule conforms to the
standards prescribed in the
delegatory statute
C. Whether the rule is invalid on
constitutional grounds
Interpretative Rule
- Inquiry relates
fundamentally
to the question
of whether the
rule correctly
interprets the
statute
Tests
Applied
Determining Validity
Rules
in
of

Leon, Jr., Hector
A rule is invalid if it exceeds the

authority conferred to it.
A. Then the power has been
delegated to make legislative
rules within a plainly limited
sphere and subject defined
standards
B. Where there has been no
delegation of power
A rule is invalid of it conflicts with
the governing statute
A. Procedural rule attempts to limit
a right of appeal granted by
statute
B. Interpretative rule is in conflict
with the courts interpretation of
the statute
A rule is void if it extends or
modifies the statute
A. Alters
B. Restricts
C. Enlarges the terms of a
legislative enactment.
D. Additional requirements on the
statute
which
were
not
contemplated by the legislature
E. Limiting
F. Imposed higher standards
G. N basis in the law
H. No relation or connection with
any 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. The rule is invalid if it goes
beyond what the legislature could
authorize
B. Rule is integral to due process at
it protects substantive rights
Illustrative Case:
Manuel vs General Auditing Officer

(42 scra 660, 1976)
The General Auditing Office, relying on a
rule of the Civil Service Comission, denied
claims of retiree for commutation of his
vacation and sick leaves. The issue in here
is whether an employee is entitled to the
commutation of his vacation and sick
leaves. The court ruled that an
administrative rule is valid when it is
binding upon the courts, the rule cannot
suplmmenent the plain and explicit statutory
command. Whereas a person who resigns is
entitled to the commutation of his vacation
and sick leaves.
Olsen and Co., Inc vs Aldense (43

Phil 259, 1921)
Rule defining proper standard of the quality
of tobacco limits. The issue in here is
whether the Administrative Order No. 35 is
in excess of authority granted by act no.
2613. The court ruled that the power of the
Collector of Internal Revenue to make rules
and regulations is confined to making rules
and regulations for the classification,
marking, and packing of tobacco. It must
follow that any rules and regulations which
are not in the scope of the act are null and
void. The purpose and intent of the
Legislature was that a proper standard of
the quality of tobacco should be fixed and
efined, and that all of those who produce
tobacco at the same should have equal
rights and opportunities. It was never a
standard to fix and limit as it would amount
to the discrimination and class legislation,
which, even the Legislature, would not have
the power to enact.
Requirement
Reasonableness
of
Bear reasonable relation to the

purpose sought to be accomplish
Supported by good reasons

Leon, Jr., Hector
Free from constitutional infermires
Liberal Interpretation of
Rules and Regulations
Liberal interpretation of the rules and

regulations of an administrative
agency is justified in cases where
their rigid enforcement will result un
deprivation of legal rights
preventing fraudulent export for free duty

entry to into the United States of goods
which are not products of the Philippines.
The issue here is whether the executive
order no. 41 confer legal right, a right on
which an action in court of law may be
predicated. The court held that an order,
nothing or less that a command from a
superior to inferior. The enforcement of
order us beyond courts power, an
anomalous situation to be produced from
courts intervention.
Penal
Rules
Regulations
Illustrative Case:
Lupangco vs Court of Appeals (160

Scra 848, 1988)
The Professional Regulation Commission, in
resolution, prohibits examinees from
attending review classes, receiving handout
materials and tips or the like, three days
before the date of examination. The issue in
here is whether the resolution by the PRC is
valid. The court held that the reasolution is
unreasonable despite good aim. It is an
axiom in administrative law that
administrative authorities should not act
arbitrarily and capriciously in the issuance
of rules and regulations.
Internal
Rules
Regulations
and
Object
Nature
Olsen and Co. vs Herstein and

Refferty (35 Scra 520, 1915)
Executive Order of the Governor General
addressed to Collectors of Customs and
Internal Revenue charged them with duty of
Administrative Agency may issue a

regulations which are penal in nature
where a law so provides.
A. Requisites For validity:
a. The law which authorizes its
promulgation must provide
for the imposition of a
penalty for their violation
b. It must fix date or define such
penalty
c. Must be punishable or made
a crime under the law itself
d. Must be published in the
official gazette
Nature of power to prescribe
penalties
Shall constitute a criminal
offense and how it shall be
punished
Legal force and Effect of
Regulations.
Illustrative Case
and
Administrative Rule making

includes the formulation of legally
binding legislative regulations and
non
binding
interpretative
regulations.

Leon, Jr., Hector
a. Implementing
Rules
and
Regulations
They are binding and valid
and have an effect of law as
if they had been written in the
original law itself
They are valid if they have
been duly promulgated or
adopted in pursuance of
properly delegated statutory
or constitutional authority of
the agency
Interpretative rules and regulations
they do not have force of law.
a. Their validity is subject to
challenges in court
b. The
contemporaneous
construction and interpretation
by the executive officers are
entitled to great weight and
considerations by the courts
c. Such interpretation is not
conclusive
Rules Prescribing the methods of
procedure
a. Normally held to be mandatory
b. Does not prevent courts
c. Courts deter an agencys own
interpretation
d. Void: interpretations that are
contrary to or in conflict with
statutory requirements
Principles
Administrative
COnstruction
Effect
Rules
of
Expresio Unios est Exclusio Alterus

Administrative regulation should
ordinarily be given construction
which will sustain its validity and
alternative interpretation is possible
of
Reliance
on
Invalid or unconstitutional rule

Rule which erroneously
interprets a statute is a nullity
and no rights are vested
Rule subsequently amended or
repealed
Retroactive operation of
Rules, Regulations, and
Rulings
An
Administrative
regulation
providing punishment for the
violation should be strictly construed
provided that it would not defeat the
obvious intention which it was
enacted
Public Administrative Agencys 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 it
does not admit judicial interpretation
In construing administrative rule and
regulation court must necessarily
look
to
the
administrative
construction
Administrative rules of procedure are
construed liberally in order to
promote their object and assist the
parties in claiming just, speedy and
inexpensive determination of their
respective claims and defences
Under some statutes, while an

agency may prescribe that a ruling
by it shall operate prospectively only,
if it fails to provide, its ruling must
operate retroactively as well as
prospectively
An administrative rule or regulation
usually will not be construed to

Leon, Jr., Hector
operate retrospectively where the

intention to that effect does not
unequivocally appear
The new rule or ruling is not to be
applied retroactively if to do so
would
be
unreasonable
and
inequitable
Amendment or Repeal of
Regulations
In order to be valid it must be in

accordance
with
statutory
procedural requirements
Rule should not be amended so as to
affect a retroactive change
Administrative agency exercising
quasi legislative power the doctrine
of res judicata is not applicable
Different
procedure
is
contemplated
a. Parties may voluntarily waive
compliance
b. Disregard Minutive
c. Sole convenience
d. Agency is not permitted to adopt
special rule
Formal requirements on
the Promulgation etc. Of
rules and regulations
Filing
Effectivity
Publication and Reading
Omission of Some Rules
Distribution of Bulletin and Codified
Rules
Judicial Notice
Public Participation
Requirements of
and
Hearing
Publication
Notice
or
Generally:
Prior notice and hearing are
not essential to the validity of
rules
and
regulations
promulgated to govern future
conduct
Where rules do not apply to named
or specified parties
The legislature need not
require
hearing
as
a
prerequisite to the act of
administrative agency since
legislature could itself have
performed that act without
notice or hearing
When rules apply to named or
specified parties
Where requirements prescribed by
law
Where rules have the force and effect
of law
Where
regulations
merely
interpretative and internal in nature
Adjudicatory Powers
Administrative Agencies or tribunals have

exercise determinative or adjudicatory
powers and functions
Involve specific parties
Aims to describes powers and
functions which involves
decision or determination of
specific individuals
Involve judicial function exercised
by a person other than a judge
Involve exercise of judicial power
conveniently styled quasi
judicial

Leon, Jr., Hector
Ascertain facts and decide by

the application of rules to the
ascertained facts
a. Enabled to interpret and
apply
not
only
implementing rules and
regulations promulgated
by
them
but
also
entrusted to their admin
b. Must
either
be
administrative or judicial
c. Used
to
designate
character of particular
proceedings or powers
d. They are not still
considered courts
Distinguished
Judicial Power
from
Judicial power:
In strict sense is the power to
hear, try and determine all
sorts of cases at law and
equity which are brought
before the courts
a. Where function primarily
administrative
the
power is administrative or
at
least
properly
exercisable
by
administrative agency
b. Where function primarily
decide question of legal
rights freedom from
action or independence
and the absence of control
or coercive influence
Extent of Judicial or Quasi
Judicial
Powers
of
Administrative Agencies
Jurisdiction limited
Extent of powers depends largely on
enabling act
Function ordinarily judicial may be

conferred
Split jurisdiction not favoured
Grant of particular power must be
found in the law itself
General Policy to uphold exercise
Distinguished
Investigative Power
Investigate
Means examine, explore,
inquire or delve or probe into,
research on study
Adjudicate
To adjudge, arbitrate, judge,
decide, determine, resolve
rule on, settle
Adjudge means to decide or
rule upon as a judge or with
judicial or quasi judicial
powers
Distinguished
Legislative
or
Making Power
from
from
Rule
Elements
of
futurity
and
retrospection
Elements
of
Generality
and
Particularity
Due process requirement of notice
and hearing
Nature of Particular Acts
Licensing, enabling, or approving

Granting or denying or
suspending or revoking
a. Discretionary refusal not
made on conflictiong
evidence or after hearing

Leon, Jr., Hector
b. Not purely administrative

act if it is dependent upon
the ascertaining of facts
by the administrative
agency
Fixing rates and charges
Miscellaneous acts
a. Auditing accounts of receiver of
public moneys
b. Determinations of CSC in respect
of classification and grading of
positions in the civil service
c. Passing upon petition to call an
election
d. The function of draft boards
e. Investigation for the purpose of
ascertaining the correctness of a
tax return
f. The parole of prisoners provided
not affected by the sentence
g. Transfer of prisoners
h. Making prelim finding
i. Intila determination
j. Closing and taking charge of
bank found to be insolvent or
unsafe
k. Determination on violation of
terms
l. Issuance of a warrant of distraint
m. Deportation of alien
Classification
Adjudicatory Powers
of
Enabling powers grant or denial of

permit
Directing powers corrective
powers of public utility
Dispensing power relax a general
prohibition
Summary powers
Equitable Powers

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Administrative Law/Atty.

Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

ADMINISTRATIE LAW: Text and Cases:

Provides structure of the government

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

Interpretations and Enforcement

Administrative Law embraces

Administrative Law guides officers

Constitutional law General plan or

Treats rights of the individual;

Criminal law or penal laws applies

Public Administration practical

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

A. Considers legal aspects of

procedure which an agency

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

without, and some others from

Administrative Process includes

B. Need for more effective and

Tendency towards Arbitrariness

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

necessary part of todays

Administrative Officers charged

eneable me to live in a civilized

Chapter II: Nature and Organization of

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

B. Expansion and conversion of

Administrative body has been staffed

A. They represent no private interest

As public or governmental agencies

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

Reflects their nationwide

Delegation of function and authority.

Created to function in situations

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

Agencies set up to function wherein

Office of the President shall Consist:

Assistant Executive Secretary

Department refers to an executive

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

grouped primarily on the

Undersecretary shall advise and

Secretary has the authority and

Bureau refers to any principal

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

function or closely related

B. A Line Bureau shall directly

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

primary units of the bureau

Supervision and Control:

To review and puss upon

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

operations shall be left to

The Secretary of Department shall

Powers and Functions of

Advice the President in issuing

Perform such other function.

The Secretary or the head of agency

Line bureaus of a department shall

Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 2016/ De Leon and De

GOCC refer to any agency

C. The regulatory agencies may

They shall undertake the bureau