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Admin Law 2

Admin Law 2

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Published by: liboanino on Oct 07, 2011
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ADMINISTRATIVE LAW( ADMINISTRATIVE AGENCIES )PART I. INTRODUCTIONADMINISTRATIVE LAW - that branch of public law dealing with the doctrines and principles governing the powers and procedures of administrative agencies including especially judicial review of administrative action.An ADMINISTRATIVE AGENCY is any governmental authority other than a court or legislative body performing rule-making or adjudicatory functions.Powers of an administrative agencya) rule-makingb) adjudicatoryc) licensing (permits)d) price/rate-fixinge) implementing/executoryFactors which gave rise to admin. agencies1) growing complexity of modern life - as society gets more complex, there are more things to regulate2) the multiplication of the subject of governmental regulation3) the increased difficulty of administering the lawConstitutional status of admin. agencies* the admin. agency does not strictly belong to one branch.* The agency does not constitute a 4th branch of government because the constitutional scheme (separation of powers) only allows 3 branches of government.Role of Admin. AgenciesResidual Powers* the powers given to the three branches spill over because of the 3 shortfalls.There is a need for a body which would act as a catching mechanism, otherwise,the three branches would collapse. The AA supports the trichotomy of powers. How do these agencies come into being?a) by statuteb) by the constitutionc) by Executive orders - usually fact-finding agenciesCREATEDBY CONGRESSCREATED BY THE CONSTITUTION1. can be modified by congress2. may be altered or abolished1. perform more sensitive functions2.
underscoring the independence of the agency thus, insulate it from politicalpressure* The Chief Executive exercises CONTROL over agencies and offices which performrule-making / adjudicatory functions.* If the agency is created by Congress - consider the law that created it. If the law is silent as to the control which the President may exercise, the President can only SUPERVISE, i.e., to see to it that the laws are faithfully executed.The doctrine of separation of powers:* To prevent absolutism.* Under the doctrine of separation of powers, The Supreme Court cannot assume the administrative function of supervisory control over executive officials.* In Noblejas v. Teehankee (1963), the Supreme Court struck down Noblejas
claim that the Commissioner of Land Registration, being entitled to the same compensati
on, emoluments & privileges as a CFI judge, can only be investigated and suspended in the same manner, and not by the Secretary of Justice.)* Members of the Supreme Court cannot sit as a board of arbitrators. (Manila Electric Co. v. Pasay Transpo, 1932)* A judge cannot become a member of a provincial committee on justice which performs administrative functions. (In Re: Rodolfo U. Manzano (1988)PART II. CONTROL OF ADMINISTRATIVE ACTIONCONTROL : the power to change, modify, alter decisions of subordinatesSUPERVISION : power to overseeA. Legislative ControlWays of exercising control by Congressa) Abolition* isn
t effective because the admin. agencies are needed.b) Appropriation* isn
t effective since appropriations are always given. If no appropriation is given, the public would suffer.c) Investigatory* effective only as an aid in legislation and cannot serve the need for constantregulationd) Prescription of legislative standards* ineffective because the standards should be flexible and those who make the standards lack the expertise. The standards must be EFFECTIVE, SUFFICIENT.* Most of the time, Congress is not definite because of (a) varying conditions and (b) differences in the need for regulatione) Prescription of minimum procedural requirements* There should be a shift to Administrative standards which allows the agenciesto come up with the standards themselves.* This can be effected in these ways :1) modify the doctrine2) procedural due process* Congress can prescribe minimum procedural requirements which have a general applicability to all agencies. But even with this, there are sill problems, namely;1) Agencies are not bound by the technical rules of procedure2) agencies need flexibility to act* These minimum procedural requirements may be found in Book 7 of the Admin. Code of 1987.B. Executive Control* Executive power is vested in the President (Art. VII, Sec. 1, 1987 Constitution)* RULE: The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. (Art. VII, Sec. 17, 1987 Constitution)* EXCEPTIONS: In the case of agencies created by the legislature (e.g. NLRC, BIR, LTFRB), one must check the enabling law regarding Congress
intention regardingthis.* If the law is silent, the President cannot exercise control but merely supervision.* However, in cases involving agencies under the executive branch, the Presidenthas control.C. Judicial Control* Judicial review of administrative actionsD. Ombudsman* Investigates and prosecutes* RA 6770 mandates the ombudsman/deputies not only to act promptly on complaints
but also to enforce administrative,civil and criminal liabilities of governmentofficers and employees in every case where evidence warrants to promote efficient service by the government to the people.* The Ombudsman may not veto or revise an exercise of judgment or discretion byan agency or officer upon whom that judgment or discretion is lawfully vested, esp. where the matter involves basically technical matters coming under the special technical knowledge and training of the agency / officer. (Concerned Officials of MWSS v. Vasquez (1995), where the Ombudsman was held to have interfered with a bid-and-award contract.)* The Ombudsman has no jurisdiction to initiate an investigation into the alleged delay in the disposition of a judicial case. It is the Supreme Court which has administrative supervision over all courts and the personnel thereof. (Dolalas v. Office of the Ombudsman, 1996)* And that ,Supreme Court will not interfere with Ombudsman
s exercise of his constitutionality mandated investigatory and prosecutory powers since it is beyond the ambit of the court (Ledesma v CA, July 2005)In Ledesma v CA: Petitioner contends that the word
stated in sec 13(3)of Art XI of Constitution is only advisory in nature rather than one having binding effect.Supreme Court however ruled that the Ombudsman has authority to determine the administrative liability of public official and employee and direct and compel the head of the office or agency concerned to implement the penalty imposed.Ombudsman has power to investigate and prosecute illegal acts of officials and employees (whereby such authority is concurrent with other courts in respect of the offense charged).It also has power to punish for contempt in accordance with Rules of Court and it can preventively suspend any elective or appointive official pending an investigation when the case so warrants. Ledesma v CA abrogated the rule in Tapiador.Grounds of Administrative Complaint (AO 7 issued Sept 15, 2003) Modifies sec 19of RA 6770:1.contrary to law or regulations2.unreasonable,unfair, oppressive or discriminatory3.inconsistent w/ general course of an agency
s functions though in accordance w/law4.based on mistake of law or an arbitrary ascertainment of facts5.exercise of discretionary powers but for an improper purpose6.irregular, immoral or devoid of justification7.due to any delay or refusal to comply w/ referral or directive of Ombudsman orany of his deputies against the officer or employee to whom it was addressed8.other ground provided under EO 292Upon receipt of Administrative complaint, it shall be evaluated to determine whether same may be:1.dismissed outright for any of grounds stated in RA 6770 provided that dismissal is discretionary on Ombudsman.2.treated as a grievance/request for assistance w/c may be referred to the Public Assistance Bureau for appropriate action.3.referred to other disciplinary authorities for taking of appropriate proceedings4.referred to appropriate office/agency or official for conduct of further fact-finding investigation5.docketed as an administrative case for the purpose of administrative adjudication by Office of OmbudsmanPART III. POWERS OF ADMINISTRATIVE AGENCIESWhat are the matters that Congress cannot delegate?* Creation of municipalities (Pelaez v. Auditor-General)

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