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Nachura Notes Admin

Nachura Notes Admin



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Published by Nowhere Man

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Published by: Nowhere Man on Jul 07, 2009
Copyright:Attribution Non-commercial


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PinoyLaw.Net Notesbank
Nachura Notes – Administrative Law (Kiddy)
Administrative Law - Branch of public law which:
Fixes the organization
Determines the competence of administrative authorities
Indicates to the individual remedies for the violation of his rights.Kinds
Rules, regulations or orders
Determinations, decisions and orders
Body of doctrines and decisionsAdministration1.
as a Function – the execution, in non-judicial matters, of the law or will of theState as expressed by competent authority2.
as an Organization – group or aggregate of persons in whose hand the reins of government are for the time being.Kinds1.
Internal – legal side of public administration2.
External – deals with problems of government regulationAdministrative Bodies or Agencies-
Organ of government which affects the rights of private parties either throughadjudication or rule-making.-
constitutional provision2.
legislative enactment3.
authority of law-
primarily regulatory
on its rule-making authority it is administrative when it does nothave discretion to determine what the law shall be but merelyprescribes details for the enforcement of the law.-
offering some gratuity, grant or special privilege2.
carry on certain of the actual business of the government3.
performing some business service for the public4.
regulate business affected with public interest5.
regulate private business and individuals, pursuant to police power6.
adjust individual controversies because of strong social policy involved7.
make the government a private partyII. POWER OF ADMINSITRATIVE BODIES
PinoyLaw.Net Notesbank
Nachura Notes – Administrative Law (Kiddy)
Powers of Administrative Bodies1.
Quasi-legislative or rule-making power2.
Quasi-judicial or adjudicatory3.
DeterminativeQuasi-Legislative Power
Exercise of delegated legislative power
Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant topowers delegated to them have the force and effect of law
They are binding on all persons subject to them
Courts will take judicial notice
Letters of Instructions and Eos are presidential issuances; one may repealor alter, modify or amend the other, depending on which comes later.
The function of promulgating rules and regulations may be legitimatelyexercised only for the purpose of carrying out the provisions of the lawinto effect.
Administrative regulations cannot extend the law or amend a legislativeenactment.
Administrative regulations must be in harmony with the provisions of law.It must not override, but must remain consistent with the law they seek toapply and implement.
Administrative agency has no discretion whether or not to implement alaw. Its duty is to enforce the law.
Administrative order is an ordinance issued by the President which relatesto specific aspects in the administrative operation of Government.Kinds of Administrative Rules or Regulations1.
Supplementary or Detailed Legislation
Fix the details in the execution and enforcement of a policy set out in thelaw.2.
Interpretative Legislation
Construe or interpret the provisions of a statute to be enforced
Binding on all concerned until they are changed
Effect of law and are entitled to respect
Have in their favor presumption of legality
Erroneous application of the law by public officers does not barsubsequent correct application of the law3.
Contingent Legislation
Made on the existence of certain facts or things upon which theenforcement of law depends.Requisites for Validity1.
Issued under authority of law2
PinoyLaw.Net Notesbank
Nachura Notes – Administrative Law (Kiddy)
Within the scope and purview of the law3.
Publication in the OG or in a newspaper of general circulation
Interpretative rules and regulations/mere internal in nature/ letters of instructions concerning the rules and guidelines to be followed by theirsubordinates in the performance of their duties may simply be POSTED inCONSPICUOUS PLACES in the AGENCY.
DOLE Department Order and POEA Memorandum Circulars – properpublication + filing in the Office of the National Administrative Register(Article 5 of LC)Administrative Rules with Penal Sanctions (additional requisites)1.
law itself must declare as punishable the violation of the administrative rule orregulation2.
law should define or fix the penalty for the violation of the administrative rule orregulationNecessity for Notice and Hearing
NO constitutional requirement for a hearing:1.
promulgation of a general regulation2.
rule is procedural3.
merely legal opinions4.
substantive rules where the class to be affected is large and thequestions to be resolved involve the use of discretion committedto the rule-making body
Hearing Requirement:1.
subordinate legislation, designed to implement a law byproviding details2.
substantially adds to or increase the burden of those concerned3.
exercise of quasi-legislative authorityFunction of Prescribing Rates by an Administrative Agency may either be:
Legislative Function: prior notice and hearing is not a requirement
Where the rules and rates are meant to apply to ALL enterprises of a given kind throughout the country, they may partake of alegislative character
Adjudicative Function: prior notice and hearing are essential to the validity
Where the rules and rates are meant to apply exclusively to aparticular party, then its function is quasi-judicial in character
Where hearing is indispensable, it does not preclude the Board from ordering, ex-parte, a provisional increase subject to its final disposition of whether or not tomake it permanent, to reduce or increase it further or to deny the application.(Maceda vs. Energy Regulatory Board)Determinative Powers3

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