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Administrative Law law”, and say what it means.

A. General Principles usually acting They constitute the


Administrative power: is concerned with the pursuant to a administrator's
work of applying policies and enforcing orders specific construction of a
as determined by proper governmental delegation of statute
organs. It enables the President to fix a uniform legislative
power
standard of administrative efficiency and check
the official conduct of his agents. 2. What Supplements Says what the
administrativ the statute by statute means
Administrative Law: e agency is filling in the
doing details
Sources: 1. Consitution; 2. Statutory
Enactments; 3. Supreme Court Decisions; 3. Force and Has the force Merely
4. Rules and regulations issued by effect and effect of persuasive/Receive
administrative bodies; 5. Orders of law d by the courts
immediately with much respect
administrative bodies in settlement of
upon going but not accorded
controversies. into effect. with finality
Such is
B. Administrative Agencies
accorded by
a. Definition: is any government the courts or
authority, other than a court and a by express
legislature, that affects the state and its provision of
citizens through rule-making, statute.
adjudication, and implementation. Its
functions are primarily executive but it ii. Requisites for Validity (ASPR)
exercises quasi-legislative and quasi- 1. Its promulgation must be
judicial powers for the purpose of authorized by the legislature.
enabling it to carry out the laws 2. It must be within the scope
entrusted to it for enforcement or of the authority given by the
execution. legislature.
3. It must be promulgated in
b. Manner of Creation (ELC): 1. executive accordance with the prescribed
order; as in EO 100, s. 1986 that created procedure.
PIA; 2. Legislation; as in RA 10844 that 4. It must be reasonable.
created DICT; 3. constitutional
provision; as in Art. 9 that created CSC, iii. Test for Delegation
COMELEC and COA. 1. COMPLETENESS test. This
c. Kinds means that the law must be
complete in all its terms and
C. Powers of Administrative Agencies conditions when it leaves the
a. Quasi-legislative (Rule-making) Power: legislature so that when it
It is the authority delegated by the law- reaches the delegate, it will
making body to the administrative body have nothing to do but to
to adopt rules and regulations intended enforce it.
to carry out the provisions of a law and 2. SUFFICIENT STANDARD test.
implement legislative policy. The law must offer a sufficient
standard to specify the limits of
i. Kinds of Administrative Rules the delegate’s authority,
and Regulations announce the legislative policy
DISTINCTION LEGISLATIVE INTERPRETATIVE and specify the conditions
under which it is to be
1. Capacity Legislative - Judicial - those implemented.
that supplementin which purport to
administrativ g the statute, do no more than b. Quasi-judicial (Adjudicatory) Powers: It
e agency is filling in the interpret the is the power of administrative
acting in details, or statute being authorities to make determinations of
“making the administered, to facts in the performance of their official
duties and to apply the law as they Investigative – power to obtain
construe it to the facts so found. The information on activities under
exercise of this power is only incidental regulation by government agencies
to the main function of administrative
authorities, which is the enforcement of Rate Fixing - is the function of
the law. administrative agency to fix or control
i. Administrative Due Process: the charges (rates, wages and prices)
1. Right to Notice, be it exalted to public utility services.
actual or constructive
2. Reasonable opportunity Licensing - the function to permit or
to appear and defend allow something which the law
his rights and to undertakes to regulate. It is simply the
introduce witnesses issuance of license. It is also referred to
3. Impartial tribunal with as the enabling function.
competent jurisdiction
4. Finding or decision D. Judicial Recourse and Review: Except when the
supported by
constitution requires or allows, judicial review
substantial evidence
may be granted to withheld if Congress
chooses. An administrative decision shall be
ii. Administrative Appeal and
final and not reviewable without violation of
Review: Unless otherwise
due process.
provided by law or executive
Exceptions (WAR EPV JAV): 1. Decision is
order, an appeal from a final
wrong; 2. Manifestly arbitrary, capricious,
decision of the administrative
unjust; 3. Decision is not based on reasonable
agency may be taken to the
interpretation of law; 4. Officer exceeded his
department head, whose
authority; 5. Powers exercised were
decision may further be
unconstitutional; 6. Decision vititated by fraud,
brought to the regular courts of
imposition, mistake; 7. Lack of jurisdiction; 8.
justice, in accordance with the
Grave abuse of discretion; 9. Violates or fails to
procedure specified by law
comply with some mandatory provision of law.

iii. Administrative Res Judicata:


a. Doctrine of Primary Administrative
General Rule: Res Judicata does
Jurisdiction: This doctrine states that
not apply in administrative
courts cannot or will not determine a
decisions. Decisions of the
controversy which requires the
previous incumbents of the
expertise, specialized skills and
administrative body may be
knowledge of the proper administrative
modified or reversed by their
bodies because technical matters of
successors in the exercise of
intricate questions of fact are involved.
their own powers of
Relief must first be obtained in an
adjudication
administrative proceeding before a
Exception: The decisions and
remedy will be supplied by the court
orders of administrative
even though the matter is within the
agencies, rendered pursuant to
proper jurisdiction of a court.
their quasi-judicial authority,
have upon their finality, the
b. Doctrine of Exhaustion of
force and binding effect of a
Administrative Remedies: Under this
final judgment within the
doctrine, an administrative decision
purview of the doctrine of res
must first be appealed to the
judicata
administrative superiors up to the
highest level before it may be elevated
c. Fact-finding, investigative, licensing,
to a court of justice for review.
rate-fixing powers
Fact-finding – power to determine fact
c. Doctrine of Finality of Administrative
relevant to a dispute or issue done by a
Action: Under this doctrine, an
neutral party
administrative decision must first be
appealed to the administrative
superiors up to the highest level before
it may be elevated to a court of justice
for review.

Exceptions (IPE ONE): 1. Interlocutory


order affecting the merits of a
controversy; 2. Preserve status quo
pending further action by the
administrative agency; 3. Essential to
the protection of the rights asserted
from the injury threatened; 4. Officer
assumes to act in violation of the
Constitution and other laws; 5. Order
not reviewable in any other way; 6.
Order made in excess of power