Administrative Law

How Admin Law developed?

- Associated with the development of administrative agencies

- A 20th century phenomenon: the emergence of the regulatory agencies
- Because of the increasing complexities of life
- The creation of administrative agencies is a response of the State in order to address the
emerging problems like pollution
- Agencies were given the power to make rules and regulations. They were also given the
power to decide on cases

January 26, 2016

Trichotomy: Different Organs/Branches of the Government

- Executive
- Legislative
- Judiciary

Why not just the trichotomy? Why establish agencies? The 3 organs of the government were not
sufficient to meet the growing needs of a complex society with complex problems.

Julius Stone

Factors that led to the creation of administrative agencies/ what the 3 organs lack

1. Lack of Time – in addressing the issues of a modern complex society

2. Lack of Expertise – on the part of the traditional 3 organs
3. Lack of Organizational Aptitude for continuing and effective regulation or supervision

Case of Pangasinan Transport v Public Service Commission (1940) – quotable quote by J.Laurel

By force of necessity, powers were delegated to the agencies. The traditional organs can no longer
cope with the increasing problems of society.

The agencies serve as supports to the 3 organs, otherwise, the foundations of the system will
collapse.

ORGAN
A G E N C Y
Elements of Judicial Power/Function

1. Actual case or controversy

2. Competent Tribunal – having jurisdiction
a. Jurisdiction – the power to hear, try and decide a case which is conferred by law
3. Law

The administrative agencies are performing quasi-judicial functions. Why quasi?

- They are not regular courts

- The Rules of Court are not always applicable

The agencies also creates rules and regulations, but they are called subordinate legislations