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Philippine Administrative Law Reviewer

Philippine Administrative Law Reviewer

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Published by: silverbow11 on Jul 01, 2013
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12/13/2013

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Administrative LawJRU LAW SCHOOL JRUBy: Angue, Boado, Genio, Pascual, Reyes, Villamor
ADMINISTRATIVE LAW J-LAMAT REVIEWERINTRODUCTION
I.Concept/definition of administrative law The branch of public law that fixes the organization of the governmentand determines competence of authorities who execute the law andindicates to individual remedies for the violations of his rights.II.Scope of administrative lawAdministrative law embraces all the law that controls, or is intended tocontrol, the administrative operations of the government.III.Classification of administrative law
A.
 That body of statutes setting up or creating administrative agenciesand endowing them with power and duties;
B.
 That body of agency-made law, i.e., rules, regulations and orderspromulgated in the exercise of quasi-legislative and quasi-judicialfunctions;
C.
 That body of legal principles governing the acts of public agentswhich conflict with private rights;
D.
 That body of determinations, decisions and orders of administrativebodies made in the settlement of controversies arising in theirparticular fields.IV.Origin and development of administrative lawV.Advantages of the administrative process
NATURE OF ADMINISTRATIVE AGENCIES
I.Concept
A.Definition of administrative agency
- An administrativeagency is defined as "[a] government body charged with administeringand implementing particular legislation. Examples are workers'compensation commissions, x x x and the like. x x x The term 'agency'includes any department, independent establishment, commission,administration, authority, board or bureau x x x ."
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Administrative LawJRU LAW SCHOOL JRUBy: Angue, Boado, Genio, Pascual, Reyes, Villamor
Republic v. Court of Appeals 200 SCRA 226
(Ma. Lourdes C. Genio)Facts: Sugar Regulatory Administration and Republic Planters Bankquestioned the decision of the CA which dismissed the petition of the formeron the ground of lack of capacity to sue.Issue: WON administrative agency has only such powers as expresslygranted to it by law and those that are necessarily implied in the exercisethereof?RULING: The SC ruled in the negative. Administrative agency has only suchpowers as are expressly granted to it by law and those that are necessarilyimplied in the exercise thereof?In this case, administrative agency is judicially defined as “government bodycharged with the administering and implementing particular legislation”examples are workers compensation commissions and the like. The term“agency” includes any department, independent establishment, commission,administration, authority or bureau.
B.Test for determining administrative nature
1. Mandatory – statutory requirement intended for the protection of thecitizens and by a disregard of which their rights are injuriouslyaffected;2. Directory – if no substantial right depend on it and no injury canresult from ignoring it and purpose of legislature can be accomplishedin a manner other than that prescribed and substantially, the sameresults attained.
C.Administrative function, defined
- Administrative functionsare those which involve the
regulation and control
over the conductand affairs of individuals for their own welfare and the
 promulgation of rules and regulations
to better carry out the Policy of the legislature orsuch as are devolved upon the administrative agency by the organiclaw of its existence
In Re: Rodolfo Manzano 166 SCRA 246
(Tristan A. Reyes)
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Administrative LawJRU LAW SCHOOL JRUBy: Angue, Boado, Genio, Pascual, Reyes, Villamor
Facts: It’s a petition file by judge manzano allowing him to accept theappointment by executive order by the governor of ilocos sur Rodolfo farinasas the member of ilocos norte provincial committee on justice createdpursuant to presidential order. That his membership in committee will not inany way amount to an abandonment to his present position as executive judge of branch xix, RTC, first judicial region and as a member of judiciary.Issue: What is an administrative agency?Ruling: Administrative functions are those which involve the regulation andcontrol over the conduct and affairs of individuals for their own welfare andthe promulgation of rules and regulations to better carry out the Policy of thelegislature or such as are devolved upon the administrative agency by theorganic law of its existence The petition is denied. The Constitution prohibits the designation of membersof the judiciary to any agency performing quasi-judicial or administrativefunctions. (Section 12, Article VIII, Constitution.)Insofar as the term "quasi-judicial" is concerned, it has a fairly clear meaningand Judges can confidently refrain from participating in the work of anyadministrative agency which adjudicates disputes and controversiesinvolving the rights of parties within its jurisdiction. The issue involved in thiscase is where to draw the line insofar as administrative functions areconcerned."Administrative functions" as used in Section 12 refers to the executivemachinery of government and the performance by that machinery of governmental acts. It refers to the management actions, determinations, andorders of executive officials as they administer the laws and try to makegovernment effective. There is an element of positive action, of supervisionor control.In the dissenting opinion of Justice Gutierrez:Administrative functions are those which involve the regulation and controlover the conduct and affairs of individuals for their own welfare and thepromulgation of rules and regulations to better carry out the policy of thelegislature or such as are devolved upon the administrative agency by theorganic law of its existence "we can readily see that membership in theProvincial or City Committee on Justice would not involve any regulation orcontrol over the conduct and affairs of individuals. Neither will theCommittee on Justice promulgate rules and regulations nor exercise any
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