Administrative Law

Broad definition
"the entire system of laws under which the machinery of the State works and by which the State
performs all government acts x x x." Thus, the term would embrace all the laws that regulate or
control the administrative organization and operations of the government including the
legislative and judicial branches.
Narrow definition
"that branch of modern law under which the executive department of government acting in a
quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community x x x.
Doctrine of political agency
which recognizes the establishment of a single executive, all executive and administrative
organizations are adjuncts of the Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive, and, except in cases where the
Chief Executive is required by the Constitution or law to act in person or the exigencies of the
situation demand that he act personally, the multifarious executive and administrative functions
of the Chief Executive are performed by and through the executive departments, and the acts of
the Secretaries of such departments, performed and promulgated in the regular course of
business, are, unless disapproved or reprobated by the Chief Executive, presumptively the acts
of the Chief Executive.
Powers of Administrative Agencies
The powers of administrative agencies may be classified into:
(a) investigatory powers;
(b) quasi-legislative or rule-making powers; and
(c) quasi-judicial or adjudicatory powers.
Scope of powers.
Not all administrative agencies perform the same functions or exercise the same
types of powers. While some act merely as investigative or advisory bodies, most
administrative agencies have investigative, rule-making, and determinative functions, or
at least two of such functions
The jurisdiction and powers of administrative agencies are measured and limited
by the Constitution or law creating them or granting their powers, to those conferred
expressly or by necessary or fair implication.
Extent of powers.
The investigative powers of an administrative agency or official must be
exercised within the limits prescribed and bear a reasonable and legitimate relationship
to the general powers granted. This includes authority to obtain information necessary to
discharge its proper functions.

Investigatory powers.
Investigatory or inquisitorial powers include the power of an administrative body to:
a. inspect the records and premises, and investigate the activities of persons or entities
coming under its jurisdiction,' or to;
b. secure, or to require the disclosure of information by means of accounts, records,
reports, statements, testimony of witnesses, production of documents, or otherwise.
Rule-making powers / Quasi-legislative or delegated legislative power.
The power conferred upon an administrative agency to issue or promulgate rules and
regulations necessary to carry out its functions.
Effect of a valid rule or regulation
A valid rule or regulation duly promulgated by an administrative agency has the
force and effect of law and is binding on the agency and on all those dealing with the
agency.
Limitations on the rule-making power.
The quasi-legislative or rule-making power of a public administrative body is a
delegated legislative power, which it may not use either to abridge the authority given it
by the Congress or the Constitution or to enlarge its power beyond the scope intended.
Legislative rules and regulations.
"Legislative" or discretionary rules or regulations are a form of subordinate legislation which can
be issued only in virtue of statutory delegation. When valid, they are accorded the force and
effect of law immediately upon going into effect.
There are two identifying characteristics of legislative rules:
(a) The statute has delegated power to the agency to adopt the rule; and
(b) It provides that the rule shall, if within the delegated power, have authoritative
force.
Interpretative rules and regulations.
Resemble judicial adjudication. They are those which purport to do no more than interpret the
statute being administered, to say what it means.
Requisites for validity of administrative rules and regulations.
They are as follows:
(1) The rules and regulations must have been issued on the authority of law;
(2) They must not be contrary to law and the Constitution;
(3) They must be promulgated in accordance with the prescribed procedure.
In certain cases, previous notice and hearing or publication may be necessary to satisfy the
requirement of due process
Adjudicatory powers.
These aim to describe powers and functions which involve the decision or determination by
administrative agencies of the rights, duties, and obligations of specific individuals and persons.