ADMINISTRATIVE LAW (E) The law which provides the remedies,
BY ATTY. RAUL B. MARIFOSQUE
ADMINISTRATIVE LAW
Is that part of the law which governs the
organization, functions, and procedures of administrative
agencies of the 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 court.
SCOPE OF ADMINISTRATIVE LAW
(A) The law which fixes the administrative
organization and structure of government.
(B) The execution or enforcement of which is
entrusted to administrative authorities.
(C) The law which governs public officers including
their competence rights, duties, liabilities,
election, etc.
(D) The law which creates administration
agencies, defines their powers and functions,
prescribes their procedures, including the
adjudication or settlement by them of
contested matters involving private matters.
administrative or judicial, available to those
aggrieved by administrative actions or
decisions.
(F) The law which governs judicial review of, or
relief against, administrative actions or
decisions.
(G) The rules, regulations, orders and decisions
(including presidential proclamations) made by
administrative authorities dealing the
interpretation and enforcement of the laws
entrusted to their administration.
(H) The body of judicial decisions and doctrines
with any of the above.
SOURCES OF ADMINISTRATIVE LAW
- the origin of admin law is in legislation and its
justification is expediency.
(1) Constitutional or statutory enactments creating
administrative bodies.
e.g. Art IX Constitutional Commissions
Social Security System, Admin Code of
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 1987 of E.D. no. 292, P.D. 902, 902-A. e.g. the ad judicatory powers of the NLRC
(SEC) on money claims etc.
*What is and administrative agency?
(2) Decisions of Courts interpreting the charter of
-It is described as a body endowed with quasi-
Admin Bodies and defining their powers, rights,
legislative and quasi- judicial powers for the purpose of
inhibitions, among others and the effects of their
enabling it to carry out laws entrusted to it for
determinations and regulations.
enforcement or execution.
Aratuc vs COMELEC
*What is the nature of an administrative agency?
88 SCRA 251
-Basically this agency pertains to the executive
Maceda vs. Energy Regulatory Board
department because its principal function is the
192 SCRA 1990
implementation of the law in accordance with the policies
(3) Rules and Regulations issued by the Admin
and instructions laid down by the legislative. Hence,
Bodies in pursuance of the purposes for which
(A) It may be regarded as an arm of the legislative
they are created.
in so far as it is authorized to promulgate rules
e.g. Omnibus Rules implementing the
by virtue of a valid delegation of legislative
Labor Code by DOLE, circulars of the
power; and
monetary board on interest rates and other (B) It may loosely considered a court because it
rule- making power of the SEC. performs functions of a particular judicial
(4) Determination and orders of the Admin Bodies in character as when it decides factual and
the settlement of controversies arising in their sometimes even legal questions as an incident
respective fields. of its general power of regulation. (cited in the
Book of Justice, Isagani Cruz p.12)

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*The criterion in determining whether a body or
agency is administrative or not.
- They are created by:
(1) Constitutional provisions
Ex. Constitutional Commissions
(2) Legislative enactments
Ex. NLRC, SEC, NHA, etc.
(3) Authority of Law
Ex. MMDA
*Can administrative bodies be altered or abolished?
-Yes.
(A) For those created by legislations and authority
of law, they can be abolished anytime;
However
(B) If constitutionally created, abolition must be
done by proper amendment of the constitution
under Art. XVII.
*Power of Administrative Bodies
(A) Quasi- Legislative (or rule- making power)
(B) Quasi- Judicial power (ad judicatory power)
(C) Determinative power (or incidental power)
*Quasi- Legislative Power
-It is the authority delegated by the lawmaking
body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law
and implement legislative policy.
*Quasi- Judicial Power
-Defined as the power of the administrative
authorities to make determinations of facts in the
performance of their official duties and to apply the law as
they construl it to the facts so found.
*Determinative Powers
-They are the powers incidental to the exercise of
its quasi- judicial authority.
They are classified:
(A) Enabling Powers- those that permit the doing
of an act which the law undertakes to regulate
and which would be unlawful without
government approval.
Ex. Issuance of liquor and business permit,
approval by SEC of Articles of Inc. etc.
(2) Directing Powers- powers directing the doing
or performing of particular acts insuring
compliance with the law and are exercised for
corrective purposes.
Ex. Certification of Environmental Compliance
by factories, Compliance of Seatbelt
*The nature of exercise of powers by the
administrative body or agency or officer.
-It may either be discretionary or ministerial.
*Administrative Rule
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 -Any agency statement of general applicability that
implements or interprets a law, fixes and describes the
procedures in, or practice requirements of an agency,
including its regulations.
Ex. Memoranda or Statement Concerning the
internal administration
*Rule- Making
-It means an agency process for the formulation,
amendment or repeal of a rule.
*Is rule- making (quasi- legislative) identical with the
legislative power?
-No. The power to issue admin rules and
regulations is different from powers to promulgate laws.
Admin rules is only intended to implement the law and to
carry out the legislative policy.
*How Binding are the Administrative regulations and
policies issued by Administrative Body?
-It is enacted by administrative body to interpret
the law have the force and effect of law and are entitled
to great respect, they are bending on all persons subject
to them, and the court will take judicial notice of them.
(Sierra Madre Trust vs. Sec of Agriculture and Natural
Resources, 121 SCRA 384)
*The requisites in order that the exercise of quasi-
legislative power (Ex. Issuance of Administrative
regulations) be valid?
-For validity, the administrative regulations must
comply with the following requisites:
(1) Issued or its promulgation must be authorized
by law/ legislation.
(Osen vs. Aldanese)
43 Phil 64
(2) It must be within the scope or purview of the
authority given by the legislature; it must not be
ultra vires or beyond the limits of the authority
conferred because an administrative agency can
not amend an act of congress.
(Bote- Takeda Chemicals vs. dela Serna)
228 SCRA 329
(3) It must be prescribed in accordance with the
prescribed procedure.
e.g. Public notice and hearing are not required
unless legislation requires. e.g. Fixing toll rates
charge of ERB
(4) It must be reasonable.
-Must not be violative of due process.
*Lumangco vs. CA
160 SCRA 848
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 *Taxicab Operators of Metro Manila vs. Bot *Are there Admin proceedings or determination
11 SCRA 597
where notice and hearing are not necessary as part
*Philippine Association of Service Exporters
of due process?
Inc. vs. Torre
-Yes. Ex.
212 SCRA 298
(A) Grant of Provisional Authority for Increased
(5) Admin Rules with penal sanctions must comply
rates on engaged in a particular business.
with the following requisites:
RCPI vs. NTC
(A) The law must itself declare as
185 SCRA 517
punishable the violation of the PLDT vs. NTC
190 SCRA 717
Admin rule or regulation.
(B) Summary proceedings of distraint and levy
(B) The law should define or fix the
upon the property of a delinquent taxpayer.
penalty for the violation of the
(C) Cancellation of a passport where no abuse of
admin rule or regulation.
discretion is committed by the Secretary of
(C) The regulation must be
Foreign Affairs.
published.
Suntay vs. People
Pesigan vs. Angeles
101 Phil 770
129 SCRA 174
(D) Summary abatement of nuisance per se which
*Are the subpoena and contempt power inherent in affects the immediate safety of persons of
Administrative Bodies? property.
-No. Unless expressly conferred by law are not Art. 704 Civil Code
inherent power being judicial in nature.
*Is the doctrine of res judicata applicable to admin
Manalo vs. Roldan- Confesor
215 SCRA 808 decisions or orders?

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 -It is well settled in our jurisprudence that if it
attained finality, the same have force and effect of res
judicata.
ADMINISTRATIVE REMEDIES AND REVIEW
*Rule or Doctrine Exhaustion of Admin Remedies.
-Requires that when an administrative remedy is
provided by law relief must be sought by exhausting the
remedy before the courts may act.
*Two Doctrines
(A) Prior Resort- doctrine of primary administrative
jurisdiction is one where there is competent
jurisdiction vested upon the admin agency or
bodies to act upon a matter.
(Industrial Enterprises vs. CA)
184 SCRA 426
(B) Doctrine of finality of admin action- means no
resort to court will be allowed unless the admin
action has been completed and there is
nothing left to be dont.
(Sta. Rosa Ming vs. Leido)
156 SCRA 1
Doctrine of Primary Jurisdiction
Courts can not and will not determine a
controversy involving a question which is within
the jurisdiction of an administrative tribunal,
especially where the question demands the
exercise of sound administrative discution
requiring special knowledge, experiences and
services, etc.
*Are administrative officers tasked to implement a
law also authorized to interpret the law? Why?
-Yes, because they have the expertise to do so. In
a long line of cases, the SC reasoned out by saying that
to deprive administrative bodies of that power to interpret
would be to defeat the law. The law will practically be
nullified and will remain unenforced because of inaction.
(PLDT vs. NTC, 190 SCRA 717 [1990]; Atlas
Consolidated Mining and Devt. Corp. vs. CA, 182
SCRA 166 [1990])
*If the administrative offices can interpret the law, are
they binding?
-Yes, such interpretations by officers given the
task to implement the law are given great weight (Atlas
Consolidated Case; Gonzales vs. Land Bank, 183
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SCRA 520), unless such construction is clearly shown to
be in sharp contrast with the governing law or statute.
(Nestle Phils., Inc. vs. CA, 203 SCRA 504 [1991]). The
rationale for this rule relates not only to the emergency of
the multifarious needs of a modern or modernizing
society and the establishment of diverse administrative
agencies for addressing and satisfying those needs; it
also relates to accumulation of experience and growth of
specialized capabilities by the administrative agency
charged with implementing a particular statute. (Nestle
Phils., Inc. vs. CA, GR. No. 86738, November 18,
1991, 203 SCRA 504; CEMCO Holdings, Inc. vs.
National Life Assurance Co. of the Philippines., Inc.,
GR. No. 171815, August 7, 2007).
*What is the concept of administrative adjudication
or quasi- judicial power?
-It is the power to hear and determine or ascertain
facts and decide by the application of rules of law to the
facts and the enforcement and administration of law.
*What are the requisites of administrative
adjudication?
-They are: (1) Jurisdiction; (2) Notice; and (3)
Hearing.
*What are the grounds for judicial review of
administrative determination?
-They are:
(1) When the act is beyond the powers
vested in the administrative agency;
(2) When the determination is without or in
excess of authority;
(3) In case of arbitrary or unreasonable
exercise of power; and
(4) When the determination is based on
error of law.
*Is the doctrine of res judicata applicable in
administrative cases? Explain.
-Yes, in order to put to final rest a decision which
has become final and executory. (San Luis vs. CA, 174
SCRA 258; Nasipit Lumber vs. NLRC, 177 SCRA 93;
Puma Sportschufabrilon Rudolf Dassler vs. Madayag,
189 SCRA 592 [1990]).

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*Is judicial review of administrative decisions a trial
de novo? Why?
-No. it is merely an ascertainment of whether the
executive findings are not in violation of the Constitution
or the laws. The Court merely determines that the
findings are free from fraud or imposition or whether they
find reasonable support in the evidence. (Lovina vs.
Moreno, G.R. No. L-17821, November 29, 1963)