ADMINISTRATIVE LAW

ASSIGNMENT # 1
December 14, 2016
Atty. Mavil Majarucon – Sia (Election Officer of Bacolod City)

GENERAL PRINCIPLES
Define Administrative Law
That branch of modern law under which the executive department of the 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, as under laws regulating public corporations, business
affected with public interest, professions, trade and calling, rates and prices, laws for the protection of
the public health and safety and the promotion of the public convenience and advantage.

Notes:
Admin Law is that part of the public law which fixes the organization and determines the competence of
administrative authorities and indicates to the individual remedies for the violation of his rights.
(Goodnow)

In a narrower sense and as commonly used today, this is the branch of modern law under which the
executive department of the gov’t, acting in a quasi-legislative or quasi-judicial capacity, interferes with
the conduct of the individual for the purposes of promoting the well-being of the community.

It is part of Political Law. It is a branch of law that deals with Operation and Organization of the State
and defines the relationship of the State and its inhabitants.

Purpose of Administrative Law

It arises out of Necessity. The existence and powers proceed from:
 Increased function of government;
 Complexity of modern social, economic, and industrial systems;
 Inability of courts to perform their functions directly;
 Necessity for constant supervision by experts and specialists and the experience acquired by
such specialist in difficult and complicated fields; and
 Flexibility which is the mark of administrative process in contrast to legal or judicial process.

Notes:
 Make the government machinery work well and in an orderly manner.

Scope of Administrative Law

1) Body of statutes which sets up admin agencies and endows them with powers and duties.
2) Body of rules, regulations, and orders issued by admin agencies.
3) Body of determinations, decisions and orders of such admin authorities made in the settlement
of controversies arising in their respective fields.
4) Body of doctrines and decisions dealing with the creation, operation and effect of
determinations and regulations of such admin agencies.

Classification of Administrative Law

 1) Statutes setting up admin authorities either by:
 creating boards, commissions, and admin officers or
 confiding the powers and duties to existing boards, commission or officers to:
 amplify,
 execute,
 supervise the operations of, and
 determine controversies arising under particular laws in the enactment of which
the legislature decided for matters of convenience or for quicker or more
efficient administration to withhold the controversies, at least in the first
instance, from the courts of law.
2) Rules, regulations or orders of such administrative authorities enacted and promulgated in
pursuance of the purposes for which they were created or endowed.
3) Determinations, decisions and orders of such admin authorities made in the settlement of
controversies arising in their particular fields
4) Body of Doctrines and decisions dealing with the creation, operation, and effect of
determinations and regulations of such admin authorities.

DISTINGUISH
Administrative Law vs. Constitutional Law

Administrative Law Constitutional Law

Provides the details which give the skeleton
structure the characteristics of a finished whole.
Lays down the secondary rules w/c limit and
qualify or expand and amplify the general
precepts laid down by the constitution to be
understood and applied to the needs of layman
citizens.
Treats relations of government with individual
from the standpoint of the powers of
government.
Lays emphasis on duties of citizens to
government
Makes sure that the general plan is being carried
out in its minute details.
Provides relief and remedies to the public on the
abuses of governmental powers
Provides the framework of governmental
organization or the system of government
Lays down the general rules of government which
are fundamental and without which no
government organization can survive
Treats of the relations of the government with
individual from the latter’s standpoint.
Lays stress upon rights of citizens
Assigns specific duties and responsibilities of the
branches of the government and lays down the
general plan of government functions.
Prescribes the limitations on the exercise of
governmental powers

Notes:
 Administrative law complements constitutional law insofar as it determines the rules of law
relative to the activity of the admin authorities.
 It supplements constitutional law insofar as it regulates the admin org of the government.

Administrative Law vs. Law on Public administration

Administrative Law Law on Public Administration

 Emphasis is to the problems of administrative
Regulation rather than administrative
management.
Relationship of public officers with persons
outside the government is governed by admin
law.
Deals with relationship between administrative
bodies and private individuals.
External Matters
Emphasis of the law is made on the organization,
operation and management of the different
branches of government and on their relations
Deals with efficiency, internal organization,
recruitment, discipline and supervision of those in
public employment or those individuals in public
office.
Confined in internal organization and operation
of administrative bodies.
Internal Organization

Note:
 If the relation is between the administrative agencies and the individuals affected by the exercise
of their rule-making or adjudicatory activities, this is covered by admin law.
 Admin Law talks about EXTERNAL matters.

What is an Administrative body or agency?

It is an organ of government, other than a court and other than a legislature, which affects the rights of
private parties through either adjudication or rule making. It may be called a commission, board, bureau,
office administrator, department, authority, corporation, administration, division or agency.

Has quasi-legislative or quasi-judicial powers.

Differentiate Administrative Bodies/Agencies from a regular court.

Manner of Organization of Administrative Bodies (CRAD)

1. Creation
GR: The creation of Public office is primarily a legislative functions.
XPN:
a. Constitutional Provisions (Eugenio vs CSC, GR 115863)
b. Authority of Law (DOTC vs Mabalot, GR 138300)

They are created whether individual or institutional by:

a. Constitutional Provisions (E.g.: CSC, COMELEC, COA, CHR, Office of the
Ombudsman)
b. Legislature in legislative enactments (E.g. : Bureau of Customs, BIR, NLTC, PRC,
Court of Agrarian Relations, Phil. Patent Office, SEC, Board of Transportation,
Social Security Commission, BSP, National Grains Authority) – limited only to
the law that creates them.
c. Authority of law (Under various gov’t reorganization acts, the President and the
Gov’t Survey and Reorganization Commission had been authorized and had in
fact created administrative offices and agencies in the course of the
reorganization of the executive branch of the gov’t).
See Cases:
Abakada Guro Party List vs Purisima, GR 166715
 President Ordinance Power is the executive rule-making power in executing or
implementing constitutional or statutory provisions through:
 Proclamation
 General or Special Orders (capacity as Commander in Chief)
 Administrative Orders (particular aspects of Governmental Functions in
pursuance of Admin Head)
 Memorandum Orders (matters of administrative detail or subordinate interest
which involve particular officer of office)
 Memorandum Circulars (matters relating to internal administration)
Ordinance Power of the President is limited only to the issuances above. (See David vs Arroyo)

Biraogo vs Philippine Truth Commission of 2010

Power of the President to create Public Office - The Chief Executive power to create Ad
Hoc investigating Committee is valid under the faithful execution clause. Having been
constitutionality granted full control of the Executive Department, which respondents belong.
The legality of investigation is sustained. However, Petitioners contend that EO 1 violated the
equal protection clause because it does not apply to all members of the same class such intent
of focusing only in previous administration as the sole subject of PTC. It must be cover all
administrations previous to that former Pres. Arroyo.

The Basis is there is a valid delegation of Congress or the inherent duty to faithfully execute the
laws under Art 7(17) of the 1987 Constitution.

Eugenio vs CSC

2. Reorganization
Reorganization is the process of restructuring the bureaucracy’s organizational and functional
set up, to make it more viable in terms of economy, efficiency, effectiveness and to make it
more responsive to the needs of its public clientele as authorized by law.

Experimentation is frequent in the field of administration, and particular admin agencies are
sometimes:
a) Abolished and new ones created embodying the fruits of experience;
b) Reorganized or their functions transferred to other agencies.

Congress has at various times vested powers in the President to reorganize executive agencies
and redistribute functions and the transfers made under such are held by the SC to be within
the authority of President.

If the reorganization involves constitutionally created admin bodies, it needs constitutional

amendment.

See Cases:
Sinon vs CSC

Pichay vs Executive Secretary

There is reorganization when there is alteration of governmental functions which includes
reduction of personnel. The main reason is to streamline agencies of the government.

Anak Mindanao Party List vs Executive Secretary

The Constitution confers, by EXPRESS provision, the power of control over executive
departments, bureaus and offices in the President alone. President is justified an executive action
to carry out re-organization measures under broad authority of law.

Pursuant to AC of 1987 Sec. 39, states that: The President shall have continuing authority to re-
organize the administrative structure of the Office of the Pres. And he may take the ff actions:
“Transfer agency under the Office of the President to any other department or agency as well as
transfer agencies to the Office of the President from other departments or agencies.”

Power to control
Alter, Modify, and substitute his judgment

Power to supervise
No Alter, Modify, and substitute his judgment

Dario vs Mison
a. In good faith
b. Promote bureaucracy

Domingo vs DBP

Reorganizations in this jurisdiction have been regarded as valid provided they are pursued in
good faith. As a general rule, a reorganization is carried out in "good faith" if it is for the purpose
of economy or to make bureaucracy more efficient. In that event, no dismissal (in case of
dismissal) or separation actually occurs because the position itself ceases to exist. And in that
case, security of tenure would not be a Chinese wall.

Clearly, from our pronouncements in Dario, reorganization is a recognized valid ground for
separation of civil service employees, subject only to the condition that it be done in good faith.
No less than the Constitution itself in Section 16 of the Transitory Provisions, together with
Sections 33 and 34 of Executive Order No. 81 and Section 9 of Republic Act No. 6656, support
this conclusion with the declaration that all those not so appointed in the implementation of said
reorganization shall be deemed separated from the service with the concomitant recognition of
their entitlement to appropriate separation benefits and/or retirement plans of the reorganized
government agency.

The facts of this case, particularly the evaluation process adopted by DBP, bear out the
existence of good faith in the course of reorganization.

Blaquera vs CSC
Dismissal due to a bona fide reorganization must still comply with due process requirement
(Notice and Hearing)
 Evidence of Bad Faith:
1. Significant increase in number of position in new staffing
2. Office is abolished but another performing same function is created
3. Where old is replaced with less qualified
4. ?
5. Where removal violates order of separation

Delegated Power of the President under the Administrative Code

Section 31 of the Administrative Code
Outside the Office Proper but within the scope of the Office of the President.
(Doctrine of Alter-Ego)

3. Abolition
Constitutionally created admin agencies cannot be abolished by statute, while admin agencies
created by statute or through the authority of a statute may be validly abolished and reorganized
by the legislature.

There is an intention to do away with such office in a permanent manner.

GR: abolished by the same mode of creation

See Cases:
Canonizado vs Aguirre

Eugenio vs CSC

The CESB is created by law. It can only be abolished by the legislature. The creation and
abolition of public offices is primarily a legislative function, except for Constitutional offices. The
power to restructure granted to the CSC is limited to offices under it. The law that created the
CESB intended said office to be an autonomous entity although it is administratively attached to
the CSC.

Bagaoisan vs National Tobacco Administration

Under the Administrative Code of 1987, 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 administrative structure of the Office of the President. For this
purpose, he may transfer the functions of other Departments or Agencies to the Office of the
President. The reorganization may involve the reduction of personnel, consolidation of offices,
or abolition thereof by reason of economy or redundancy of functions.

The reorganization was done in good faith. The questioned Executive Orders have not abolished
the National Tobacco Administration but merely mandated its reorganization through the
streamlining or reduction of its personnel.

The Constitution, expressly grants the President control of all executive departments, bureaus,
agencies and offices which may justify an executive action to inactivate the functions of a
 particular office or to carry out reorganization measures under a broad authority of law. Also
the General Appropriations Act of FY 1998 has decreed that the President may direct changes
in the organization and key positions in any department, bureau or agency pursuant to the
Constitution.

In the present case, there were no abolition nor is transfer of offices, the assailed action just a
mere reorganization under the general provisions of the law consisting mainly of streamlining
the NTA in the interest of simplicity, economy and efficiency. It is an act well within the
authority of President.

4. Deactivation
Making the office dormant or inactive.

Buklod ng Kawaning EIIB vs Executive Secretary

Both are reorganization measures. In Abolition, the office ceases to exist. In Deactivation, Office
continues but becomes dormant or inoperative.

Types of Administrative Agencies

1) (Grant Privileges) Agencies created in situations wherein the government is offering some
gratuity, grant, or special privilege (E.g.: Phil. Veterans board (defunct), Board on pensions for
Veterans, NARRA, Philippine Veterans Administration)
2) (Carrying Out Actual Business of Government) Agencies set up to function in situations wherein
the gov’t is seeking to carry on certain gov’t functions. (E.g.: Bureau of Immigration, BIR, Board
of Special Inquiry, Board of Commissioners, CSC, BSP)
3) (Perform Some Business Service for Public) Agencies set up to function in situations wherein the
gov’t is performing some business service for the public (E.g.: Bureau of Posts, Postal Savings
Bank, MWSS, Phil National Railways, Civil Aeronautics Administration)
4) Agencies set up to function in situations wherein the gov’t is seeking to regulate business
affected with public interests (E.g.: Fiber Inspection Board, Phil Patent Office, Office of the
Insurance Commissioner)
5) Agencies set up to function in situations wherein the gov’t is seeking to regulate business
affected with Private interests
6) (Regulation under the Police Power) Agencies set up to function in situations wherein the gov’t
is seeking under the police power to regulate private business and individuals (E.g.: SEC, Board
of Food Inspectors, MTRCB, PRC)
7) Agencies set up to function in situations wherein the gov’t is seeking to adjust individual
controversies because of some strong social policy involved (E.g.: NLRC, Court of Agrarian
Relations, the Regional Offices of DOLE, the Social Security Commission, Bureau of Labor
Standards, Women and Minors Bureau.)
8) Make government a private party.
9) Adjudicate and decide election contests. (COMELEC)

BASIC CONSTITUTIONAL CONCEPTS

Doctrine of Separation of Powers
A system of checks and balances of the government which prohibits the delegation of legislative power,
the vesting of judicial officers with nonjudicial functions, as well as the investing of non-judicial officers
with judicial powers.

In essence, separation of powers means that legislation belongs to Congress, execution to the executive,
settlement of legal controversies to the judiciary. Each is prevented from invading the domain of others.
(Bernas, Commentary 656, 2003 ed.)

The theory is that “a power definitely assigned by the Constitution to one department can neither be
surrendered nor delegated by that department, nor vested by statute in another department or agency.

Legislative – Power of the Sword

Executive – Power of the Purse
Judiciary – Power of Judicial Review

Purpose: Checks and Balances, Prevent concentration of powers

Question:
May a regular court prohibit a committee (Senate) to require a person from attending a hearing in aid of
legislation?

Blending of Powers
Assigned or shared by several departments.

Example:
Power of Appointment
General Appropriation Law
Amnesty

Doctrine of Non-delegation of Legislative Power

Article 6(1) of the 1987 Constitution. The legislative department of the government cannot abdicate
authority or escape responsibility by delegating any of its power to another body.

Legislative neither must nor can transfer the power of making laws to anybody else, or place it
anywhere but where the people have, that is, to legislators.

Permissive delegation of Legislative Power

The legislature may delegate to an administrative agency the exercise of a limited portion of its
legislative power with respect to some specified subject matter.
a. When permitted by the Constitution itself;
 War or National Emergency (Art. VI, Sec. 23(2) of the 1987 Constitution)
 For the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties and imposts. (Art. VI, Sec. 28(2) of
the 1987 Constitution)
b. In case of delegation of legislative powers to local governments;
  Part of Police Power of the state
 Power of Taxation
 Power of Eminent Domain
 Creation of Municipal Offices
 Establishment of Municipal hospitals, asylums, poor-houses and other charitable
institutions;
 Franchises to use municipal streets
 Incurring of Municipal Indebtedness
 Municipal Licenses for Occupations/Privileges
 Ownership of Public Utilities
 Regulation and Control over Streets
 Special Assessments and others.
c. Delegation of the power to “fill in” details (Example IRRs);
Legislature may only make a general provision and give powers to those who are to act
under such general provision to fill up the details.
d. Delegation of rule-making and adjudicatory powers to admin bodies, PROVIDED,
ascertainable standards are set;
e. Delegation of power to ascertain facts, contingencies, or events upon which the
applicability or non-applicability of a law is made to depend;
f. Delegation of powers to the people at large, when such has been reserved in the
Constitution;
g. Delegation of power to the executive in the field of foreign or international relations.

* Note: Strictly speaking there are only two instances of permissible delegation that is nos. 1&2,
exceptions no. 3-7 are exceptions in a broader sense.

Even if there is no expressed provision, delegation can be sustained if the exercise of power is pursuant
to the implementation of the purpose for which it is created.

Test to determine validity of delegation

Two tests have been resorted to by the courts in deciding delegation of power cases these are:
(1) The completeness or incompleteness of the statute (no room for modification
of the law or discretion but only for enforcement); and
(2) The absence or sufficiency of standard (adequate guidelines or limitations).

These two tests have apparently been merged into one as held in Vigan Electric Light Co. Inc., vs. Public
Service Commission & Pelaez vs. Auditor General: For a valid delegation, it is essential that the law
delegating powers must both be:
a) Complete in itself – it must set forth the policy to be executed by the
delegate; and
b) Fix a standard – the limits of which are sufficiently determinate or
determinable – to which the delegate must conform.

Exception to Permissive Delegation

1. Delegation to people by referendum
2. Delegation to president Emergency Power
 3. Delegation to president Tariff Power
4. Delegation to Admin Agency or Subordinate Delegation Power (Fill in details)

POWERS OF ADMINISTRATIVE BODIES

1. Quasi-Legislative
2. Quasi-Judicial
3. Determinative

Assignment:
Phil Assoc of Service Exploration vs Torres
Land Bank vs CA
CIR vs CA
Ople vs Torres
Gonzales vs Lnd Bank
Manila Jocket Club vs CA
PLDT vs NTC
Nestle vs CA
Vincent Perez vs LPG Refillers Assoc of the Phils