ADMINISTRATIVE LAW

Administrative law Public law.

Fixes:org
Det:competence
Provide: rem
Administration 2 sense:
Function: exercise of law or will of st8 by a competent
authority

As orgn: group in whose hands, reign of govt.. time

being
Kinds of Adminis a. Internal: legal matters
b. External: problems of govt regn
Government

Administrative Organ.. affects right of prv8 persons..th exercise of quisi

bodies/agencies legis and adjudicatory functions
Powers of the govt:
a. Quasi a. exercise of DELEGATED legis power inroder to
legislative/rule execute policy set out in the law or to promulgate
making R&R to carry out its functions

b. Quasi-
judicial/adjudic b. exercise of the power to determing and hear cases
through the exercise of discretion in a judicial nature in
proceedings that partake the character of judicial
c. Determinative power proceedings.
Administrative order Ordinace by pres.. rela8s to certain aspect in admin ops
Kinds of admin RR:

.a Supplementary: fixes in details to implement primary leg

b. Interpretative: explains or clarify
c. Contingent: existence of certain facts upon which en4cment depends
Determinative powers:
a. enabling- permit or allow
b. directing: like power of assessment of bir
c. dispensing: exempt from general prohibn
d. examining: investing. Reqg producn of books, attendance of witness
e. Summary: compulsion or force..effectuate a legal purpose w/o judicial
warrant
Administrative due Opportunity to EXPLAIN.. or seek RECONSIDERATION
process for act complained of
Substantial evidence Relevant.. reasonable mind..accpet..suffct to support
conclusion
Doctrine of Political secratry or subordinates in exec department are
agency or Alter ego considered to be actin gon behalf of the President if done
doctrine in the regular course of his duties.
Doctine of Exhaustion of Whenever there is AVAILABLE admin rem prov by LAW,
admin rem no judicial recources until all AVAILED OF AND
EXHAUSTED
Doctrine of Prior resort JURISDICTION/COMPETENCE vsted in a body or
agency,.... until body hall have acted..
-must be exercs QJudi
Doctrine of FINALITY of No judi recourse UNLESS.. completed and nothing left in
admin action admin structure to be done.
Question of Law Doubts or DIFFERENCES as to what LAW is
Question of Fact TRUTH OR FALSITY of facts..
Methods of Obtaining a. Statutory: prov by LAW
Judicial Review b. Non-: common law or prerogative writs of cert,
mandamus, hc ,qw, prohib
-only when no statutory methods
c. Direct: question in subs proceeding for LACK of
JURIS
d collateral: relief from aa other than seeting aside
judgment..
Brandeis Doctrine of What PURPORTS to be a finding of QOF..so INVOLVED
Assimilation of Facts AND DEPENDENT upon QOL as 2 to be in SUBSTANCE
and EFFECT a DECISION of the latter to decide..
EXAMINE.. record.