CHAPTER 1

c. It is the Law Concerning the powers

and procedures of administrative
agencies including specifically the law
governing judicial review of admin
action.

Concept of Administrative Law

Admin Law belongs to the field of
public law1 which includes CONSTI
LAW, CRIM LAW, and INTERNATIONAL
LAW.

Generally Understood AL means that

part of law w/c governs the organisation,
functions,
and
procedures
of
administrative agencies of government
to which quasi-legislative powers are
delegated and quasi-judicial powers are
granted, and the extent and manner to
which such agencies are subject to
control by the courts.

Widest Sense The entire system of laws

under w/c the machinery of the State
works and by w/c the State performs all
government acts. It embraces all laws
that
regulate
or
control
the
administrative
organization
and
operations of the government including
the legislative and judicial branches
Very Broad Definition The law w/c
provides the structure of government
and prescribes its procedure. The law
w/c controls or is intended to control the
admin operations of the government or
the
law
of
governmental
administration

Scope of Administrative Law

Administrative Law embraces not only
the law that governs admin authorities
but also the law made by administrative
authorities2 whether of general or
particular applicability.

Less Comprehensive Sense AL has

been referred to as part of public law w/c
fixes the organization and determines
the competence of the admin auth and
indicates to the individual, remedies for
violation of his rights

1.
The
Law
which
fixes
the
administrative organization & structure
of the government;
2. The Law, the execution or
enforcement of which is entrusted to the
administrative authorities;

Narrower or More Limited Signification

a. That branch of modern law under w/c
the executive department of government
acting in a quasi-legislative or quasijudicial capacity, interferes with the
conduct of the individual for the purpose
of promoting the well-being of the
community, as under laws regulating
pub corps, business affected with a
public interest, professions, trades and
callings, rates and prices, law for the
protection of the public health and
safety and the promotion of the public
convenience and advantage.

3.
The law which governs public
officers including their competence (to
act), rights, duties, liabilities, election
etc;
4.
The
law
which
creates
administrative agencies, defines their
powers and functions, prescribes their
procedures, including the adjudication
or settlement by them of contested
matters involving private interests;
5. The law which governs judicial review
of, or relief against, administrative
actions or decisions;

b. That system of legal principles to

settle the conflicting claims of executive
and administrative authority on the one
hand and of individual or private rights
on the other.
1

6. The rules, regulations, orders and

decisions
(including
presidential

Public Law is that branch of law which regulates

that relations of the state with its objects. PL
concerns itself with rights of the State as an entity
representing the organized community and the
relations of the individual members of such
societarian organization to it.

Is meant all those specific officers and agencies of

the government that are charged with the
amplification, application and execution of the law,
but to not include, by virtue of the doctrine of
separation of powers, Congress and the regular
courts.

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

proclamations) made by administrative

authorities
dealing
with
the
interpretation and enforcement of the
laws entrusted to their administration;
7. The body of judicial decisions and
doctrines dealing with any of the above;
8. The body of judicial decisions and
doctrines dealing with any of the above.
Concerns of Admin Law
1. Private Rights
2. Delegated Powers and Combined
Powers
Admin Law vis-a-vis International Law
Admin Law
(AL)

International Law
(IL)

AL lays down the

rules which shall
GUIDE
the
OFFICERS of the
Administration in
their actions as
agents
of
the
Government.

IL
cannot
be
regarded
as
binding upon the
officers
of
any
government
considered in their
relation to their
own
government
except in so far as
it
has
been
adopted into the
administrative law
of the state.

Admin Law vs Consti Law3

Consti Law
(CL)

Admin Law
(AL)

CL prescribes the
GENERAL PLAN or
FRAMEWORK
of
GOVERNMENTAL
ORGANIZATION

AL
GIVES
&
CARRIES
OUT
THIS PLAN in its
MINUTEST
DETAILS

CL treats of the
rights
of
the
individual;

AL treats them
from
the
standpoint of the
powers
of
the
government;

Stress Upon
RIGHTS

the

EMPHASIZE
POWERS
3

ON
of

Insofar as it fixes or regulates the administrative

organization of the govt, admin law is the
necessary SUPPLEMENT of CONSTI LAW. It also

GOVERNMENT &
DUTIES OF THE
CITIZENS
CL
prescribes
limitations on the
powers
of
the
GOVT to protect
the
rights
of
individuals against
ABUSE

AL indicates
INDIVIDUALS
REMEDIES for
VIOLATION
their RIGHTS.

to
the
the
of

Penal Law vs Admin Law

Penal Law (PL)

Admin Law (AL)

PL consist really a
body
of
penal
sanctions
which
are applied to all
branches of the
law, including AL

AL may have a
penal
provision
therein as means
to enforce a rule
w/c
is
still
administrative in
character

Public Administration vs Admin Law

Public
Administration
(PA)
PA has something
to do with:
1.The PRACTICAL
MANAGEMENT
and DIRECTION of
the
VARIOUS
ORGANS of the
STATE;
2. EXECUTION of
STATE POLICIES
by the Executive
and Administrative
Officers entrusted
w/ such functions.

Admin Law
(AL)
AL, in its TRUE
FIELD,
refers
ONLY
to
the
EXTERNAL
ASPECT of Public
Administration. AL
is thus a narrower
branch
but
it
CONSTITUES the
BULK of LAW of
PA.

Principal Subdivisions of
Administrative Law
1 .General;
2. Law of Internal Administration; and
3. Law of External Administration.

SUPPLEMENTS CONSTI LAW as it determines the

rules relative to the activity of the Admin
Authorities
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

General

The
2
aspects
of
Administrative Law is RELATIVE rather
than ABSOLUTE. These two are closely
INTERRELATED and at many points
quite INSPERRABLE, especially TRUE
when it comes to law on Public Officers.

problems
of
administrative
regulation, rather than with
those
of
administrative
management.
PARTS
a. First A survey of those
powers
and
duties
of
administrative authorities that
relate
directly
to
private
interests;
b. Second An analysis of the
scope and limits of such powers;
c. Third Some account of the
sanctions attached to, or the
means of enforcing, official
determinations; and
d. Fourth - An Examination of
the remedies against official
action.

Law on Internal Administration

It treats of legal relations
between the government and its
administrative officers, and of the legal
relations that one administrative officer
or organ bears to another.
LEGAL ASPECTS of PUBLIC
ADMINISTRATION a) It considers the LEGAL ASPECTS of PA
on its institutional side. This includes
the legal structure or organization of
PA; the legal aspects of its institutional
activities4

Classification of Administrative Law

b) It comprehends such topics as the

nature of public office, de jure and de
facto officers and incompatible and
forbidden offices. Legal qualifications
for office; legal disqualifications of
officers; the appointment, tenure,
removal,
compensation,
and
pensioning of officers; the legal aspects
of a hierarchical form of departmental
organization; the legal relation of the
SUPERIOR to a SUBORDINATE; Legal
relation between the Power of Removal
and the Power of Direction or
Administrative Management.

1. As to Source;
2. As to Purpose;
3. As to Applicability;
As to Source:
One classification frequently
presented draws a line between the LAW
that GOVERNS OR CONTROLS them,
and that WHICH is MADE by
ADMINISTRATIVE AGENCIES:

Law on External Administration

It is concerned with the legal
relations
between
administrative
authorities and private interests.
PRINCIPAL CONCERN AL is
principally concerned with the
4

Personnel, Material, Fiscal and Planning Activities;

and Legal Questions involved in overall
management of these activities.
5
Constitution- The fundamental law, written or
unwritten, that establishes the character of a
government by defining the basic principles to
which a society must conform; by describing the
organization of the government and regulation,
distribution, and limitations on the functions of
different government departments; and by
prescribing the extent and manner of the exercise
of its sovereign powers.
6
Statute - An act of a legislature that declares,
proscribes, or commands something; a specific law,

The
AL
that
Controls
Administrative Authorities
e.g. - Constitution5,
- Statutes6,
- Judicial Decisions,
- Executive Orders of the
President,
- Administrative Orders of
Administrative Superiors7

expressed in writing. It is a written law passed by a

legislature. Statutes set forth general propositions
of law that courts apply to specific situations. A
statute may forbid a certain act, direct a certain act,
make a declaration, or set forth governmental
mechanisms to aid society. A statute begins as a bill
proposed or sponsored by a legislator. If the bill
survives the legislative committee process and is
approved by both houses of the legislature, the bill
becomes law when it is signed by the executive
officer. When a bill becomes law, the various
provisions in the bill are called statutes.
7
Giving Directions to Administrative Subordinates

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

The
AL
made
by
Administrative Authorities8 -

application except in connection

with such agency.

- Presidential Proclamations9
- Rules of Practice and Decisions
of - Administrative Tribunals
- Cease-and-Desist Orders of
Securities
and
Exchange
Commission

Most substantive ALs fall within

this group as well as procedural
provisions that are to be applied
only by a given agency in cases
falling under its jurisdiction.
Examples:
- Law regulating immigration.
They prescribe the conditions
and restrictions under which
aliens may be admitted to and
excluded or deported from this
country. Laws therein also
contain procedural provisions
setting forth, for instance, how
the government must proceed if
it wishes to deport an alien and
what administrative remedies
the alien may exercise and within
what time, etc,

As to Purpose:

Procedural
Administrative
Law10 (Adjective) It is derived
from Constitution or a Statute or
from Agency Regulations11
Substantive
Administrative
Law It is derived from same
sources as above12 but contents
are different in that the law
establishes primary rights and
duties, such as the conditions
under which a broadcaster may
operate or the labor practices in
which employers and unions
must not indulge.

Origin and Development of

Administrative Law
1. Recognition Given as a Distinct
Category of Law

As to Applicability13:

General Administrative Law

It is part of Admin Law which is
of general nature and common to
all, or most, admin agencies.

2. Multiplication
Functions

It includes:
- Provisions w/c interpret the
mandate of the Constitution that
there must be due process of
law >> which establishes the
exhaustion of administrative
remedies.

4. Fusion of Different Powers of

Government
in
Administrative
Agencies

of

Government

3.
Growth
and
Utilization
Administrative Agencies

of

5. A Law in the Making

6. Philippine Administrative Law

Special
or
Particular
Administrative Law It is that
part of Admin Law that pertains
to
particular
agencies.
It
proceeds from the particular
statute creating the individual
agency and thus, has little or no

Discussion:
Recognition Given as a Distinct
Category of Law Administrative Law
is of Comparatively Recent Origin14

AL made by administrative authorities includes

both GENERAL REGULATIONS and PARTICULAR
DETERMINATIONS.
It
constitutes,
under
delegations of power embodied in statutory
administrative law, an imposing and constantly
expanding body of law.
9
Issued under the Flexible-Tariff Clause
10
It establishes the procedure which an agency
must or may follow in the pursuit of legal purpose.

11

Regulation - A rule of order having the force of

law, prescribed by a superior or competent
authority, relating to the actions of those under the
authority's control.
12
Constitution or a Statute or from Agency
Regulations
13
Administrative Law, here, is the law that governs
and is APPLIED by all the admin agencies.
14
CASE: Mendoza vs Dizon 77 Phil 533

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

It is only in the last few decades with the

rapid expansion of administrative
agencies and their increased functions
that a Substantial body of jurisprudence
has developed in the field and general
recognition has been given to ADMIN
LAW as a distinct category of law

administrative officials such as had

existed under earlier legislation.

Multiplication
of
Government
Functions As modern life became
more complex, the subjects of subject of
govt
regulations
correspondingly
increase, which caused a multiplication
of government function, requiring an
enormous
expansion
of
public
administration. The legislature had to
create more and more administrative
bodies, boards, tribunals specialized in
the particular fields assign to them and
to which the legislature and the courts
were found no to be equipped to
administer properly and efficiently

b. Power to Promulgate Rules and

Regulations - vested with this power to
better carry out some legislative policies
and to decide on controversies w/in the
scope of their activities.

Growth
and
Utilization
of
Administrative Agencies
- AL has developed as the natural
accompaniment of the growth of
administrative agencies and their
utilization in response to the needs of a
changing society. AL has developed in
response to the need for broad social or
governmental control over complex
conditions and activities which cannot
be dealt with in effectively by the
legislature nor the judiciary. AL deals
with issues ought to be decided by
experts and not by a judge (at least not
in the first instance or until facts have
been sifted and arranged). One thrust of
the multiplication of administrative
agencies is that the interpretation certain
contracts and agreements and the
determination of private rights under
them is no longer a uniquely judicial
function exercisable only by regular
courts15

A Law in the Making

a. Provocative Fusion of Different

Powers of Government - with their
extensive investigation, rule-making and
adjudicating powers

c. Bulk of Administrative Law - Laws which created Admin

Agencies;
Rules
and
Regulations
Promulgated by Admin Agencies;
- Body of Decisions rendered in
the adjudication of cases brought before
them.

AL is still in its formative stages and is

being developed as part of our
traditional
system
of
law.
The
administrative process and its agencies
are new comers in the field of law but
admin agencies are now established as
very important tribunals in the
administration of justice, making
decisions sometimes of vast importance
and equal matters determined by the
courts.
Philippine Administrative Law
A substantial part of the principles of
administrative law in the Philippines is
derived from American and English
Jurisprudence, it has persuasive force in
our jurisdiction (not controlling)

Fusion of Different Powers of

Government
in
Administrative
Agencies AL then resulted from the
increased functions of the government,
the recent tremendous growth in admin
agencies, and the fact that the agencies
created in this period of growth were
much
more
than
conventional
15

Scope of Administrative Process

Includes the whole series of acts of an
Admin Agency whereby the legislative
delegation of a function is made effectual
in particular situations. It embraces
matters concerning the procedure in the
disposition of both routine and

Realty Exchange Venture Corp vs Sendino, 233

SCRA 665 (1994);
Antipolo Realty Corporation vs NHA, 153 SCRA 399
(1987),

Philippine International Trading Corporation v

Angeles, 263 SCRA 421 (1996),
Christian General Assembly, Inc. vs Ignacio, 597
SCRA 266 (2009).

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

contested matters and the matter in

which
determinations
are
made,
enforced, and reviewed.

action at law against the sellers who

made false statements about the
securities. For such preventive methods,
admin agency is needed.

Advantages of Administrative Process

Licensing Prevention is also the major

purpose of licensing statutes. It is clearly
preferable to assure in advance, by
licensing, the competence of airplane
pilots than to let anybody fly a plane and
punish a negligent pilot after a terrible
accident.

1. Advantages of Admin Adjudication

as compared with Executive Action the Congress has resorted to the
administrative process as an alternative
to executive action not only in the matter
of benefits (patents, public lands, and
social security, tax administration, labor
relations)

4.
Limitations
upon
effective
legislative action Many admin
functions
could not
be
directly
performed by Congress but others 18
could be performed by the Congress.
Instead of delegating rule-making
power, Congress could, in principle,
incorporate regulatory details into the
statutes. However, there are inherent
limitations in the legislative process w/c
make it a practical impossibility for
congress to do all the things it
theoretically could do.19 That is why the
congress delegates this wide power to
the admin agencies for if not, it might
lose itself in details to the detriment of
its
indispensable
functions
of
determining basic policy and holding
admin agencies accountable for the net
results.

2. Limitations upon the powers of the

courts. Congress has entrusted the
administration of some laws to admin
agencies when it might have entrusted
to the courts, for their administration is
of such nature that it could have taken
form of cases and controversies
cognizable by the courts of law
exercising judicial power. This is not
the case however with the issuance of
rules and regulations of general
applicability, the fixing of rates or
prices16
3.
Trend
toward
preventive
legislation.
a. Ripeness for Judicial Relief the
existence of the crim law may have a
deterrent effect but then it does not all
the law can do is to impose punishment
after the crime has been committed.

5. Limitations upon exclusively

judicial enforcement A single admin
agency can assume the responsibility for
the enforcement and can develop,
subject to judicial review, uniform
policies in carrying out of that
responsibility.

b. Need for more effective and

flexible preventive remedies the
desire for more effective and more
flexible preventive remedies has been a
factor in the creation of many admin
agencies:

6. Advantages of continuity of
attention
and
clearly
allocated
responsibility. Admin agencies have
the time and facilities to become and to
remain continuously informed, and they
can be given unified responsibility for
effectuating the broad policies laid down
by Congress (e.g. NTC, NLRC, and
Insurance Commission), these agencies

MARINA makes it possible for

reasonable freight and passenger rates
to be fixed in advanced17
SEC administers the requirement that
is issuers of securities tell the whole
truth in advance, in preference to
leaving purchasers to their limited
16

All these functions involve discretion with respect

to future conduct hence will not be taken by the
courts. Hence juridical process is not an alternative
to the administrative process.
17
Instead of leaving shippers and passenger to
undergo the expense of suing the ship owner to

recover the difference between the rate charges

and the reasonable rate.
18
Fixing rates, deciding money claims
19
These limitations include lack of time and
specialized knowledge, lack of staff.

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

are informed by experience and have

continuous responsibility for enforcing
public policies.

b. to accommodate private rights and

the public interest in the powers reposed
in admin agencies;

7. Need for organization to dispose of

volume of business and to provide the
necessary records. example are SSS
and SEC. SSS must have the specialized
staffs and machinery to keep and make
available the records upon which
judgment on thousands of claims and
applications must
be bases. In
registration of Securities, the SEC must
be organized to collect and collate huge
masses of data available for immediate
reference by clerks,
accountants,
analysts, oil and gas experts etc.

c. to reconcile in the field of admin

action, democratic safeguards and
standards of fair play with the effective
conduct of government;

Criticism against Administrative

Process
1. Tendency Towards Arbitrariness;
2. Lack of Legal Knowledge and
Aptitude in Sound Judicial Technique
3. Susceptibility to Political Bias or
Pressure often brought about by
uncertainty of tenure;
4. A disregard for the safeguards that
insure a full and fair hearing;
5. Absence of standard rules of
procedure suitable to the activities of
each agency; and
6. A dangerous combination of
Legislative, Executive and Judiciary.
Relation between Admin Agencies and
the Courts
1. Collaborative Instrumentalities
Both are to be deemed collaborative
instrumentalities
of
justice.
Collaboration of Judicial Power and
Function with the Admin Process is a
necessary part of todays legal system,
and the appropriate independence of
each should be respected by the other,
2. Role of Courts relation of both is
not that of upper and lower courts. The
role of the courts is:
a. To accommodate the admin
process to the traditional judicial
system;

3. Discharge of Judicial Rule the

Courts must aim:
a. To maintain the Constitution by
seeing that powers are lawfully vested in
the agencies and to maintain the
constitutional and statutory rights of
persons by seeing that powers lawfully
vested in admin agencies are lawfully
exercised ;
b. To give due deference to the role of
the administrative agencies and not to
usurp or unlawfully limit the powers and
functions lawfully vested in them, or
interfere with the proper exercise of their
valid powers.
c. To lend the powers of the court to
the proper attainment of the value
objectives of the admin agency; an
d. To leave to the legislature or the
people the remedy for admin action
which may be unwise or undesirable but
is w/in the lawful powers of the agency.
The courts are not advisers of the admin
agencies.
Administration of Government
distinguished from Administration of
Justice
Admin Officers those charged with
the administration of the govt.
Judicial Officers those charged with
the administration of justice.
Nature of Work:
AOJ the work done consists in the
decision of controversies between
individuals and government offices, as
the to the applicability in the cases in
question of a particular rule of law. All
Judicial officers have to do is to
determine what law is applicable to the
facts.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

AOG The work done is not necessarily,

or even often, the result of any
controversy and is not merely dependent
on the solution of the question what is
the law but made also as a result of
consideration of expediency. Admin
Officers must determine what is the law
in order to know whether they are
competent to act and they must decide
whether in case they are competent to
act, it is wise for them to act.

Govt refers to that institution or

aggregate of institutions by w/c an
independent society makes and carries
out those rules of action w/c are
necessary to enable men to live in a
civilized state, or w/c are imposed upon
the people forming that society by those
who possess the power or authority of
prescribing them. Govt is the aggregate
of authorities which rule the society.
Administration - refers to the aggregate
of those persons in whose hands the
reins of government are entrusted by the
people for the time being.

Administration as a Separate Power

CHAPTER 2
NATURE AND ORGANIZATION OF
ADMINSITRATIVE AGENCIES

Viewed in Two Senses:

1. As a Function administration is the
execution in non-judicial matters, of the
law or will of the State as expressed by
the competent authority. As a function,
administration may be external or
internal. It is the activity of the executive
officers in action as opposed to
deliberation or rendering a decision.
Thus it is found in all manifestations of
executive function. Administration had
to do with the carrying of law into effect
their application to the current affairs
by way of management and oversight,
including investigation, regulation and
control in accordance with and in
execution of the principles prescribed by
the lawmaker;

A. STATUS AND CHARACTERISTICS

Creation, Reorganization, and abolition
of Admin Agencies (AA)
1. In General Some AA are created by
or
receive
their
powers
from
Constitutional Provisions which may
be self-executing OR from Legislative
Enactments. Executive MAY also
create AA unless theres a statute
providing for it.
2. AA of Statutory Origin Congress,
at will, may expand, contract, reorganize
or abolish AA, hamstrung only by
Constitutional Limitations. Usually,
Congress vests power to the President to
reorganize executive agencies and
redistribute functions. Congress can
delegate power to create positions.

2. As an organization Administration
means popularly the most important
administrative authorities. It is that
group or aggregate of persons in whose
hands reins of the govt are for the time
being. It is the entire admin org
extending from the Chief Executive
down to the most humble subordinates.

Meaning of Admin Agency20

1. It covers boards, commissions,
divisions, bureaus, and departments,
office and authority. Some asserts that
the Administrative is the 4th Power of
the govt (quasi-legislative and quasijudicial).

In short, Administration is both the

FUNCTION of the Execution of the Law
(or management of government affairs)
and the TOTALITY of the EXECUTIVE
and ADMINISTRATIVE AUTHORITIES.
Administration as an organization
distinguished from the Government

2. Term is usually employed to denote

the functionaries with which admin
law is concerned (e.g. administrator,
admin body, administrative tribunal).

Is the term used generally to describe an agency

exercising some significant combination of
executive, legislative, and judicial powers. It is a

govt body charged with administering and

implementing particular legislation.

20

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

it may be significant with respect

to other related questions.

3. Under Admin Code of 1987, Agency

of the Govt is used to refer to any of the
various units of the Govt, including a
department,
bureau,
office,
instrumentality or government-owned or
controlled corpo or a local govt of a
district

2. As judicial bodies or courts AA are

just that, and are not courts or part of
the judicial system

Admin Agency/Body vis--vis Court

AA
AA is generally a
large
organization
staffed by men
who are deemed
to
become
experts in their
fields
Performs Variety
of Functions
Uses
varying
degree
of
discretion
in
arriving
at
decisions
w/o
being bound by
technical rules of
procedure

Court
Court
is
a
tribunal w/c is
presided by one
or more jurists
learned in the
law

Only
one
function
Judicial
More
or
less
governed by fixed
rules in arriving
at decisions and
bound by the
rules21

Status or Character of Particular

Admin Agencies22

3. As legislative or executive agencies

While admin agencies are separable
from judicial branch, they are quasi.
Certain AAs are deemed to be agents of
the legislative branch or executive
branch.

1. As public or governmental agencies

generally, they may be said to be
agencies of the state/govt.
Representing no private rights of
their own but functioning or
acting within the scope of
their auth for or behalf of the
government.
The term admin agency has
customarily been restricted to
persons vested under a statute
with the real power to act for
the govt.
The form of the agency takes, or
the function it performs is not
determinative of the question
whether it is an agency, although
21

Not courts in the strict sense

AA cannot exercise purely
judicial functions and does not
have inherent power of the court,
are not bound by technical rules
of procedure. Some AAs are not
even held to constitute courts
because their main function is to
represent a particular public
interest or because of their
investigatory powers or because
they exercised comingled legis,
exec, and judicial functions.
They are courts in broad sense
AAs exercising adjudicatory
powers are judicial bodies or
courts in the broad sense as they
exercise powers judicial in
nature and perform functions
same as a court and their
proceedings partake of the
nature of judicial proceedings.
Functions primarily regulatory
AAs function is primarily
regulatory even if it conducts
hearings
and
decides
controversies to carry out this
duty.

4. As independent or subordinate bodies

the term admin agency or
commission is often used either to
designate an agency independent of the
executive branch or one not subject to a
superior
head
of
dept.
in
contradistinction to subordinate the
latter term being applied to a body
whose actions are subject to admin
review or revision.

That no final adjudication is to be made until after

due notice to the parties with opportunity for full
and fair hearing
22
To a large extent, Status and character of AA
depend on the terms of the constitutional or

statutory provisions creating them and the powers,

rights, duties, liabilities, or functions conferred on
them

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

5. As corporate bodies or legal entities

Some AA are bodies corporate with legal
capacity to sue and be sued.

Main Characteristics of AAs

1. Size Many AAs are necessarily large
and it reflects both jurisdiction and
character of their work. Staffs here
include many people performing variety
of tasks.

2. Specialization AA specialize. Their

staffs
become
specialized
from
experience or include persons with
technical training.
3. Responsibility for the Results A
particular administrative agency is
charged
by
Congress
with
accomplishing a particular statutory
end. Various AAs are charged with
productive attitude towards issues by
making good to people a major part of
the ends of democratic government (this
means AA cannot take a wholly passive
attitude toward the issues which come
before them and sit passively until some
plaintiff takes initiative. AAs are also
tasked for the effective enforcement of
Public Policy with fair play to private
interests which are regulated

AA cannot be specialist in all

phases of work but specialist
must be immediately available to
them. The reality that many
persons in the agency other than
the agency heads must do the
bulk of work. When heads to the
bulk of the work, they rob
themselves of time essential for
their most important tasks
Predominant Feature: Delegation
of Function and Authority
admin body or agency includes
subordinate officials upon whose
hand, the body or agency
delegates a portion of its
authority.

Delegation23 of Function and Authority

1. Types of Delegation 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; and
d. Delegation of Authority and
Function in formal proceedings (incl.
auth to conduct formal hearings)

4. Variety of Admin Duties Variety of

function
means
variety
in
the
circumstances and conditions under
which the activities of the various
agencies
impinge
upon
private
individuals. A procedure which would be
for the protection of the individual, in
one situation, may be clearly to his
injury in another situation.

2. Delegation by Degree24 Delegation may be combined with

supervision and control which may
call for:
a. Statement by agency head of
policies which have crystallized for
routine application by subordinates;

Consequence of Characteristics
A highly importance characteristic of
Administrative Procedure: Delegation of
Function and Authority

b. consideration by agency heads of

cases in which the application of
established policy is difficult, or in
which policy has not crystallized; and

1. Allocation of Functions among the

members and staff of the agency

c. the requirement of weekly or even

daily reports to agency heads

2. Major work of the agency is normally

supervision and direction.

23

Unlike safeguards, delegation may even involve

decentralization through delegation to field offices.

24

Delegation may be a matter of degree. It is not

true that auth must be delegation completely or
not at all.

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

10

Types of Admin Agencies

Legislative Power vested in the

Congress which shall consists of
a Senate and a House of Rep,
except to the extent reserved to
the people by the constitutional
provision on initiative and
referendum

Executive Power vested in the

President

Judicial Power vested in One

Supreme Court and in such
lower
courts
as
may
be
established by law

Classification According to Purpose

1. Purpose is to offer some gratuity,
grant or special privilege (ex. Phil
Veterans Admin, GSIS, SSS, PAO, Phil
Medical Care Commission)
2. Purpose is to function in situations
wherein the government is seeking to
carry on certain functions of the
government. (ex BIR, Bureau of
Customs, Bureau of Immigration, Land
Registration Authority)
3. Purpose is to function in situations
wherein the government is performing
some business service for the public.
(ex Philippine Postal Corp, Phil National
Railways,
MWSS,
Government
Telephone System, National Food Auth,
National Housing Auth.)

Powers expressly vested in any branch of

the govt shall not be exercised by, nor
delegated to, any other branch of the
govt, except to the extent authorized by
the Constitution.

4. Purpose is to function in situations

wherein government is seeking to
regulate businesses affected with
public
interest
(ex
Insurance
Commission,
Bureau
of
Air
transportation, LTFRB, ERB, Bureau of
Mines and Geo sciences, NTC, HLURB)

There are three (3) independent

Constitutional Commissions created
by the Constitution:

5. Purpose is to function in situations

wherein the govt is seeking under the
police power to regulate private
businesses and individuals (ex SEC,
MTRCB, Games and Amusement Board,
Dangerous Drugs Board, Bureau of
Trade
Regulation
and
Consumer
Protection (BTRCP)).

They shall exercise the powers and

function conferred upon them by the
Constitution.

2. Special Bodies or Agencies

Independent Office:
In Accordance with the Constitution:
- Independent Office of the Ombudsman
- Independent Office of the Commission
on Human Rights
Independent
Central
Monetary
Authority
- Independent NAPOLCOM

6. Purpose is to function in situations

wherein the govt is seeking to adjust
individual controversies bec of some
strong social policy involved.
B. Administrative Organization25

>>> Congress may establish an:

Distribution Powers of the Government

1. Traditional Branches Powers of the
National Govt are distributed among the
3 branches:

25

Civil Service Commission

Commission on Elections
Commission on Audit

Administrative Organization refers to the

administrative structure of the government
including its political subdivisions and the allocation

Independent Economic and Planning

Agency

of powers, functions, and duties to its various units

or agencies.

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

11

Organization of the Office of the

President

1. Supervision and Control S&C shall

include auth to:
Act directly whenever a specific
function is entrusted by law or
regulation to a subordinate;
Direct the performance of duty;
restrain the commission of acts;
Review, approve, reverse or
modify acts and decisions of
subordinate officials or units;
Determine Priorities in the
execution of plans and programs
Prescribe standards, guidelines,
plans and programs.

Office of the President

Office of the President

Proper

Department or
Agencies (Under the
Office of the President)

Private office

2. Administrative Supervision:
It shall govern the admin
relationship
between
a
departments or its equivalent
and regulatory agencies or other
agencies as may be provided by
law. It shall be limited to the
authority of the department or
its equivalent;
To
generally
oversee
the
operations of such agencies and
to insure that they are managed
effectively,
efficiently
and
economically
but
without
interference with day to day
activities
To require the submission of
reports and cause the conduct
of
management
audit,
performance, evaluation, and
inspection
to
determine
compliance
with
policies,
standards and guidelines of the
department;
To take such action as may be
necessary
for
the
proper
performance
of
official
functions,
including
rectification
of
violations,
abuses and other forms of
maladministration;
To review and pass upon budget
proposals of such agencies but
may not increase or add to
them.

Executive Office

Staff Support System

Presidential Special
Assistants/Advisers
System

The President, subject to the policy in

the Executive Office and in order to
achieve
simplicity,
economy
and
efficiency, shall have the continuing
authority to reorganize the admin
structure of the Office of the President.
For this purpose, he may do the ff:
a. Restructure Internal Organization of
the Office of the Pres Proper
b. Transfer any function under the Office
of the Pres to another Department or
Agency
c. Transfer agency under the office of the
President to any other department or
agency and vice versa.
Definition of Administrative
Relationship

3. Attachment
a. refers to the lateral relationship
between
the
department
or
its

Admin Relationship, in general, shall be

categorized and defined as follows 26
26

Unless otherwise stated in the Admin Code of

1987 or in other laws defining special relationship
of particular agencies.
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

12

equivalent and the attached agency or

corporation for purposes of policy and
program coordination, which may be
accomplished by:
Having
the
department
represented in the governing
board of the attached agency or
corporation, either as chairman
or as a member, with or without
voting rights, if this is permitted
by the charter;
Having the attached corporation
or agency comply with a system
of periodic reporting which shall
reflect the progress of programs
and projects;
Having the department or its
equivalent
provide
general
policies
through
its
representative in the board,
which shall serve as the
framework for the internal
policies
of
the
attached
corporation or agency.
b. Matters of day-to-day administration
or all those pertaining to internal
operations shall be left to the discretion
or judgment of the executive officer of
the agency or corporation. In the event
that the Secretary and the Head of the
Board or the attached agency or
corporation strongly disagree on the
interpretation
and
application
of
policies, and the Secretary is unable to
resolve the disagreement, he shall bring
the matter to the President for
resolution and direction.
c. GOCC attached to a department
attached to a dept. shall submit to the
Secretary concerned their financial
statements within 60 days after the
close of the fiscal year.
d. Pending submission of the required
financial statements, the corporation
shall continue to operate on the basis of
the preceding years budget until the
financial statements shall have been
submitted.

27

Powers and Functions of Department

Secretary
The Secretary Shall:
1. Advise the President in issuing EO,
Regulations, Proclamations and Other
Issuances.
2.
Establish
the
policies
and
standards for the operation of the Dept
pursuant to the approved programs of
govts.
3. Promulgate Rules and Regulations
necessary to carry out department
objectives, policies, functions, plans,
programs and projects.
4.
Promulgate
Administrative
Issuances necessary for the efficient
administration of the offices under the
Secretary and for proper execution of the
laws relative thereto.
5. Exercise Disciplinary Powers Over
Officers and Employees under the
Secretary in accordance with law,
including their investigation and the
designation of a committee or officer to
conduct such investigation
6. Appoint all Officers and Employees
of the Dept except those whose
appointments are vested in the
President or in some other appointing
auth.
7. Exercise Jurisdiction over all
Bureaus,
Offices,
Agencies
and
Corporations under the Dept as
provided by law and in accordance with
the applicable relationships as specified
in the Admin Code27
8. Delegate Authority to officers and
employees
under
the
Secretarys
Discretion in accordance with the Code.
9. Perform such other Functions as
may be provided by law.

Chapters 7,8,9
Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

13

Authority of Department Secretary

Line Bureau Authority

Secretary of a Dept shall have

supervision and control over the
bureaus, offices, and agencies under
him subject to the ff guidelines:

1. LBA of a dept. shall exercise

supervision and control over their
regional and field offices. They shall be
directly responsible for the development
and implementation of plans and
programs
within
their
respective
functional specializations; and

1. Initiative and Freedom of action on

the part of subordinate units shall be
encouraged and promoted rather than
curtailed , and reasonable opportunity
to act shall be afforded these units
before control is exercised;

2. Regional and other field offices shall

constitute the operating arms of the
bureau concerned for the direct
implementation of the plans and
programs in accordance with the
approved policies and standards. As
counterparts of the bureau, regional and
field offices shall undertake bureau
operations
w/in
their
respective
jurisdictions, and be directly responsible
to the director.

2. With respect to functions involving

discretion, experienced judgment or
expertise vested by the law upon a
subordinate agency, control shall be
exercised in accordance with said law;
3. Wiry respect to any regulatory
function of an agency subject to
department control, the authority of the
department shall be governed by the
provisions of the Code. The Secretarys
authority as provided shall not apply to
chartered
institutions
or
GOCCs
attached to the dept.

Relationship of GOCCs28 to the

Department
1. They may be further categorized by
the Dept of Budget and Management,
the CSC, and the COA for purposes of
the exercise and discharge of their
respective
powers,
functions
and
responsibilities with respect to such
corporations.

Delegation of Authority
The Sec or Head of the Agency shall have
authority over and responsibility for
its operation. He shall delegate such
authority to the bureau and regional
directors as may be necessary for them
to implement plans and programs
adequately.

2. They shall be attached to the

appropriate department with which they
have allied functions or as may be
provided by EO for policy and program
coordination and for general supervision
provided pertinent provisions of the
Code.

1. Delegated Authority shall be to the

extent
necessary
for
economical,
efficient, and effective implementation of
national and local programs in
accordance with policies and standards
developed by each department or agency
with the participation of the regional
directors.

3. In order to fully protect the interests

of the govt in GOCCs, at least 1/3 of the
member of the Boards of such
corporation should either be Secretary
Under Secretary or Asst. Secretary.

2. The delegation shall be in writing;

shall indicate to which officer or class of
officers and employees the delegation is
made; and shall vest sufficient authority
to enable the delegate to discharge his
assigned responsibility.

28

Prohibition to Hold any other Office or

Employment: During their tenure, the
president, vp, members of the cabinet
and their deputies and assistants are
prohibited, unless otherwise provided in
the Constitution, from holding any other
office or employment.

Refers to any agency organized as a stock or nonstock corporation, vested with functions relating to
public needs whether governmental or proprietary
in nature, and owned by the government directly or

through its instrumentalities either wholly or where

applicable as in the case of stock corporations, to
the extent of at least 50% of its capital stock.

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

14

Relationship of Regulatory Agencies29

to the Department
1. It shall be subject to the admin
supervision of the department under
which they are placed, except when they
are government corporations in which
case they shall be governed
2. Heads of Regulatory Agencies shall
submit annually for the approval of the
Secretary concerned, their budgets and
work plans which shall be the basis of
their day-to-day operations.
3. The regulatory agencies may avail
themselves of the common auxiliary and
management services of the department
as may be convenient and economical
for their operations.
Mandates of Different Departments30

29

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.
30
Read pp. 50 56 of Admin Law: Text and Cases
by De Leon 2013

Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

15