PHILIPPINE ADMINISTRATIVE LAWByCarlo L. CruzChapter 1General Considerations
Nature
Administrative Law
– that branch of modern law under which theexecutive department of the government, acting in a quasi-legislative orquasi-judicial capacity, interferes with the conduct of the individual forthe purpose of promoting the well-being of the community.Administrative law is a recent development , being a consequence of theever increasing complexities of society and the proliferation of problemsof government that cannot readily or effectively be addressed by thepublic agencies or solved by other disciplines of public law.It was felt that thelegislative and judicial departments no longer hadeither the time or the needed expertise to attend to these new problems. Thus, the obvious solution was
delegation of power
. Two major powers of the administrative agency:1. Quasi-legislative authority– or rule making power2. Quasi-judicial power – or adjudicatory function
Sources of Administrative Law
Addministrative law is derived from four sources or is of four (4) kinds:
1. Constitution or statutory enactments
– e.g. Social Security Act which established the Social Security Commission.
2. Decisions of courts interpreting the charters of administrative bodies
3. Rules and regulations issued by the administrative bodies
– e.g.Omnibus Rules Implementing the Labor Code.
4. Determinations and orders of the administrative bodies in thesettlement of controversies
Administration
Administration is understood in two senses:1.
institution
– administration as the aggregate of individuals in whosehands the reins of government are for the time being.2.
function
– administration as the actual running of the government bythe executive authorities through the enforcement of laws andimplementation of policies.Government (as distinguished from administration) is the agency orinstrumentality through which the will of the State is formulated,expressed and realized.
Administration Distinguished from LawLaw
is impersonal command provided with sanctions to be applied incase of violation, while
Administration
is preventive rather punitive andis accepted to be more personal than law.Law maintains a watchful eye on those who would violate its order.While administration on the other hand seeks to spare individuals frompunishments of the law by persuading him to observe its commands.
Chapter 2Administrative Agencies
DefinitionAdministrative agency
– a body endowed with quasi-legislative andquasi-judicial powers for the purpose of enabling it to carry out the lawsentrusted to it for enforcement or execution.
Administrative agency may be regarded as an arm of the legislatureinsofar as it is authorize to promulgate rules. It may also be looselyconsidered a court because it performs functions of a particular judicialcharacter, as when it decides factual and sometimes even legal questionsas an incident of its general power of regulation.
Creation and Abolition
The administrative body may be created by the
Constitution
or by a
Statute
.If created by the Constitution itself, the administrative body can bealtered or abolished only by Constitution. But where the body wascreated only by statute, the legislature that breathed life into it canamend or even repeal its charter, thereby resulting in its abolition whichis justified if made in good faith.
Chapter 3Powers of Administrative Agencies
Quasi-Legislative Power
– the authority delegated by the law-makingbody to the administrative body to adopt rules and regulations intendedto carry out the provisions of
a law and implement legislative policy.
Quasi-Judicial Power
– the power of the administrative authorities tomake determinations of facts in the performance of their official dutiesand to apply the law as they construe it to the facts so found.
Chapter 4The Quasi-Legislative Power
It has already been remarked that the rule-making power of theadministrative body is intended to enable it to implement the policy of the law and to provide for the more effective enforcement of itsprovisions. Through the exercise of this power of subordinate legislation, it ispossible for the administrative body to transmit the “active power of the
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