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3barops Admin 152to215[1]

3barops Admin 152to215[1]

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Published by Joy Galarosa

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Published by: Joy Galarosa on Aug 29, 2012
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ADMINISTRATIVE LAW
I.Historical and Constitutional Considerations
A.
Development of Administrative Law as a distinct field of public law 
 
1. Factors Responsible for the Emergence of Administrative Agencies
a. Growing complexities of modern lifeb. Multiplication of number of subjects needing government regulationc. Increased difficulty of administering laws.
2. Doctrine of “Separation of Powers” and the Constitutional Position of Administrative Agencies:
The Doctrine of Separation of Powers, though not mentioned anywhere by such name in the1987 Constitution, can be inferred from its provisions. The heart of the doctrine is the principle that thebasic powers of the government must be kept separate from each other, each power being under theprincipal control of a branch of government. The legislative power is granted to the Congress, theexecutive power to the President and the judicial power to the Judiciary.
It has been argued that the functions given to and exercised by Administrative Agenciesviolates the separation of powers since there is a seeming “merger of powers” between supposedlydistinct branches of government. However, our Supreme Court has yet to declare the invalidity of a lawcreating an administrative agency based on such an argument.
The President as Chief Executive exercises
control 
over agencies and offices which performrule-making or adjudicatory functions.
If the agency is created by Congress, consider the law that created it. If the law is silent asto the control which the President may exercise, the President can only
 supervise
, i.e., to see to it thatthe laws are faithfully executed.
The three branches of government lack (1) time, (2) expertise, and (3) organizationalaptitude for governmental supervision. Thus, there is a need for a body which would act as a catchingmechanism, otherwise the three branches would collapse. The Administrative Agency supports thetrichotomy of powers.
 A.Definition of Terms – Administrative Law and Administrative Agency; Types of Agencies
1.
 
 Administrative Law 
branch of public law dealing with the doctrines and principles governing the powersand procedures of administrative agencies, especially including judicial review of administrativeaction (Prof. Kenneth Culp Davis)
2. Administrative Agency 
any
 
governmental authority, other than a court or legislative body, which affects therights of private parties, through rule-making and adjudication (Davis)
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civ_law
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crim_law
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labor_law
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legal_ethics
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comm_law
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tax_law
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152
 
any department, bureau, office, commission, authority or officer of the NationalGovernment authorized by law or executive order to make rules, issue licenses, grant rights orprivileges, and adjudicate cases; research institutions with respect to licensing functions; governmentcorp.’s with respect to functions regulating private right, privilege, occupation or business; and officialsin the exercise of disciplinary powers as provided by law (Sec. 2, Book VII, Admin Code of 1987)
3.Powers of an Administrative Agenc
a.rule-makingb.adjudicatoryc.licensingd.price/rate-fixinge.implementing or executory
4.Types of Agenciesa. Classified according to PURPOSE 
1.Government grant of gratuity, special privilege
Phil. Veterans Admin., GSIS, SSS, Public Atty.’s Office, etc.2.Carrying out of governmental functions
BIR, Customs, Immigration, Land Registration Authority, etc.3.Service for public benefit
Philpost, PNR, MWSS, NFA, NHA, etc.4.Regulation of businesses affecting public interest
Insurance Commission, LTFRB, NTC, HLURB, etc.5.Adjustment of individual controversies because of a crucial significant policy involved
NLRC, SEC, DAR, COA, etc.
 b.
Classified according to the ORGANIC LAW OF CREATION 
1. 1987 Constitution
Civil Service Commission,
(Art. IX, Sec B)
Commission on Elections,
(Art. IX, Sec C)
Commission on Audit,
(Art IX, Sec B)
Commission on Human Rights,
(Art. XIII, Sec. 17)
Commission on Appointments,
(Art. VI, Sec. 18)
Senate Electoral Tribunal,
(Art VI, Sec. 17)
House of Representatives Electoral Tribunal,
(Art. VI, Sec. 17)
Judicial and Bar Council,
(Art. VIII, Sec. 8)
Office of the Ombudsman,
(Art. IX, Sec. 5)
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head
] [Nayna_Malayang.
deputy
] [Rhudz_Raymundo.
secretariat
] [Dionne_Sanchez.
acads
][Jam_Jacob.
design
] Bobbie_StaMaria.
printing
] [Miles_Malaya.
lectures
][Japee_DeLeon.
poli_law
] [Ascheia_Yumul.
rem_law
] [Paul_Sorino/Judy_Ripol.
civ_law
] [Hya_Rafael/Mac_Macapagal.
crim_law
][Vivian_Tan/Justin_Mendoza.
labor_law
] [Miguel_DeJesus.
legal_ethics
] [Lianne_Gervasio.
comm_law
][Ces_Sicangco/Rowena_Romero.
tax_law
]
153
 
National Economic and Development Authority,
(Art. XII, Sec. 20)
An agency on Cooperatives,
(Art. XII, Sec. 15)
An independent Central Monetary Authority,
(Art XII, Sec. 20)
National Language Commission,
(Art. XIV, Sec. 9)
National Police Commission,
(Art. XVI, Sec. 6)
Consultative Body on Indigenous Cultural Communities,
(Art. XVI, Sec. 12)
2.Congressional Statute (regulatory agency)
National Labor Relations Commission
Social Security Commission
Commission on Immigration and Deportation
Securities and Exchange Commission
Philippine Patent Office
Professional Regulation Commission
Games and Amusement Board
Board of Energy
Insurance Commission
Dangerous Drugs Board3.Executive Order (fact-finding agency)
c. Classified according to HIERARCHY:
1. Office of the President and Cabinet2.Independent Constitutional Commissions
CSC, COMELEC, COA3.Other Constitutional Bodies
Sandiganbayan, Ombudsman, Office of the Special Prosecutor, Central MonetaryAuthority, Economic and Planning Agency, Commission on Human Rights, National LanguageCommission, National Police Commission, Commission on Indigenous Cultural Communities4.Regulatory Commission
SEC, NLRC, Office of the Insurance Commissioner, Land TransportationCommission, Bureau of Customs, CID, BIR5.Public Corporation
UP, NPC, MWSS, NDC, DBP
B.Advantages of Administrative Regulation
2)Regulation by government opens a way for action to be taken in the public interest to preventfuture harm when there would be no assurance that any action would be taken if the initiative wereleft wholly to interested individuals.
Lorybeth_Baldrias.
head
] [Nayna_Malayang.
deputy
] [Rhudz_Raymundo.
secretariat
] [Dionne_Sanchez.
acads
][Jam_Jacob.
design
] Bobbie_StaMaria.
printing
] [Miles_Malaya.
lectures
][Japee_DeLeon.
poli_law
] [Ascheia_Yumul.
rem_law
] [Paul_Sorino/Judy_Ripol.
civ_law
] [Hya_Rafael/Mac_Macapagal.
crim_law
][Vivian_Tan/Justin_Mendoza.
labor_law
] [Miguel_DeJesus.
legal_ethics
] [Lianne_Gervasio.
comm_law
][Ces_Sicangco/Rowena_Romero.
tax_law
]
154

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