Administrative Law 1Reviewer in Administrative Law by Atty. Edwin SandovalADMINISTRATIVE LAW
Describe the Administrative Code of 1987.
The Code is a general law and “incorporates in a unified
document the major structural, functional and proceduralprinciples of governance
(Third Whereas Clause, AdministrativeCode of 1987)
and “embodies changes in administrativestructures and procedures designed to serve the people.”
(FourthWhereas Clause, Administrative Code of 1987)
The Code isdivided into seven (7) books. These books contain provisionson the organization, powers and general administration of departments, bureaus and offices under the executive branch, theorganization and functions of the Constitutional Commissionsand other constitutional bodies, the rules on the nationalgovernment budget, as well as guidelines for the exercise byadministrative agencies of quasi-legislative and quasi-judicialpowers. The Code covers both the internaladministration,
internal organization, personnel andrecruitment, supervision and discipline, and the effects of thefunctions performed by administrative officials on privateindividuals or parties outside government.
(Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno])What is Administrative Power?
is concerned with the work of applying policies and enforcing orders as determined by propergovernmental organs. It enables the President to fix a uniformstandard of administrative efficiency and check the officialconduct of his agents. To this end, he can issue administrativeorders, rules and regulations.
(Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno])What is an Administrative Order?
is an ordinance issued by thePresident which relates to specific aspects in the administrativeoperation of government. It must be in harmony with the lawand should be for the sole purpose of implementing the law andcarrying out the legislative policy.
(Ople v. Torres, G.R. No.127685, July 23, 1998 [Puno])What is the Government of the Republic of the Philippines?
Government of the Republic of the Philippines
refersto the corporate governmental entity through which thefunctions of the government are exercised throughout thePhilippines, including, save as the contrary appears from thecontext, the various arms through which political authority ismade effective in the Philippines, whether pertaining to theautonomous regions, the provincial, city, municipal or barangaysubdivisions or other forms of local government.
(Sec. 2, Introductory Provisions, Executive Order No. 292)What is an Agency of the Government?
Agency of the Government
refers to any of the variousunits of the Government, including a department, bureau, office,instrumentality, or government-owned or controlled corporation,or a local government or a distinct unit therein.
(Sec. 2, Introductory Provisions, Executive Order No. 292)What is a Department?
refers to an executive department created bylaw. For purposes of Book IV, this
anyinstrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.
(Sec. 2, Introductory Provisions, Executive Order No. 292)What is a Bureau?
refers to any principal subdivision or unit of anydepartment. For purposes of Book IV, this
anyprincipal subdivision or unit of any instrumentality given orassigned the rank of a bureau, regardless of actual name ordesignation, as in the case of department-wide regionaloffices.
(Sec. 2, Introductory Provisions, Executive Order No. 292)What is an Office?
refers, within the framework of governmentalorganization, to any major functional unit of a department orbureau
regional offices. It
refer to anyposition held or occupied by individual persons, whosefunctions are defined by law or regulation.
(Sec. 2, Introductory Provisions, Executive Order No. 292)