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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP

ARELLANO UNIVERSITY SCHOOL OF LAW


Distinguished from Constitutional Law

ADMINISTRATIVE LAW
DE LEON REVIEWER

1. Constitutional
Law
prescribes
the
general
plan
or
framework
of
Governmental
Organization,
while
Administrative Law gives and carries out
this plan in its minutest details.

ATTY. DEMIGILIO
By: PARRENO, ANTONY J.
Introduction to Administrative Law
Part of Law which governs the organization,
functions and procedure of administrative
agencies of the Government to which quasilegislative powers are delegated and quasijudicial powers are granted, and the extent and
manner to which such agencies are subject to
control by the Courts.
It is the branch of modern law under which the
executive department of Government acting in
a quasi-legislative or quasi-judicial capacity,
interferes with the conduct of the individual for
the purpose of promoting the well-being of the
community.
Scope of Administrative Law
1. Organization and Structure of the
Government
2. Execution and Enforcement of which
is
entrusted
to
Administrative
Authorities
3. Governs Public Officers
4. Creates Administrative Agencies
5. Remedies to those
administrative actions

aggrieved

by

6. Judicial Review of
actions or decisions

administrative

7. Rules and Regulations for the


interpretation and enforcement of law

2. Constitutional Law prescribes limitations


on the powers of the Government to
protect the rights of individuals against
abuse
in
their
exercise,
while
Administrative
law
indicates
to
individuals, remedies for the violation of
their rights.
Distinguished from Criminal Law
1. Criminal Law consists of a body of penal
sanctions which are applied to all
branches
of
the
law,
including
Administrative Law.
Distinguished from Public Administration
1. Public Administration deals with the
practical management and direction of
various organs of the State and the
execution of State policies by the
executive ad Administrative officers
entrusted with such function.
2. Administrative Law
external
aspect
administration.

refers
of

to the
public

Principal Subdivisions of Administrative


Law
1. The law of Internal Administration
Treats the legal relations between the
Government and its Administrative
officers.
2. The law of External Administration
Treats the legal relations between
Administrative Authorities and Private
Interests.

8. Jurisprudence
Classification of Administrative Law
Concerns of Administrative Law

1. As to its Source

1. Private Rights
2. Delegated powers and Combined powers
Distinguished from International Law
1. Administrative Law lays down the rules
which shall guide the officers of the
administration in their actions as
agents of the Government.

a) The Law that controls Administrative


Authorities
(Constitution,
Statutes,
Judicial Decisions, Executive Orders
and Administrative Orders)
b) The Law made by Administrative
Authorities (General regulations and
Particular Determinations)
2. As to its Purpose

2. International Law, on the other hand,


cannot be regarded as binding except
insofar as it has been adopted into the
Administrative Law of the State

a) Procedural Administrative Law


b) Substantive Administrative Law

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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


3. As to its Applicability

necessarily the result of a controversy,


but may also result of consideration of
expediency.

a) General Administrative Law


b) Special Administrative Law
Origin and Development of Administrative
Law
1. Recognition given as a distinct category
of Law
2. Multiplication of Government Functions
3. Growth and Utilization of Administrative
Agencies
4. Fusion of different powers of Government
in Administrative agencies
5. A law in the making
6. Philippine Administrative law
Advantages of Administrative Process
1. Advantages
of
Adjudication
as
executive action

Administrative
compared
with

2. Limitations upon the powers of Courts


3. Trend toward preventive Legislation
4. Limitations
action

upon

effective

3. Judicial officers have to determine what


law is applicable to the facts brought
before them. Administrative officers
must determine what is the law in order
to
determine
whether
they
are
competent to act, and whether it is wise
for them to act.
Administration as a Separate Power
1. As a function, administration may be
internal or external
2. As an Organization, it is that group or
aggregate of persons in whose hands
the reins of the government are for the
time being.
Administration
as
an
Organization
distinguished from Government
Government refers to the institution or
aggregate of institutions by which an
independent society makes and carries our
those rules of action which are necessary to
enable men to live in a civilized state, or which
are imposed upon the people forming that
society by those who possess the power or
authority of prescribing them,

legislative
Nature and Organization of Administrative
Agencies

5. Limitations upon exclusively Judicial


Enforcement
6. Advantages of Continuity of attention
and clearly allocated responsibility
7. Need for organization to dispose of
volume of business and to provide the
necessary records
Relationship
between
agencies and Courts

administrative

1. Collaborative Instrumentalities
2. Role of Courts
3. Discharge of Judicial Role
Administration
of
Government
distinguished
from
Administration
of
Justice
1. Those charged with the administration
of
Government
are
known
as
administrative officers while those
charged with the administration of
justice are known as Judicial Officers.
2. Work done by judicial officers consists
in the decision of controversies. Work
done by administrative officers is not

Creation, Reorganization and Abolition of


Administrative Agencies.
1. Constitutional Provisions
2. Legislative Enactments
3. Executive
Meaning of Administrative Agency
An
agency
exercising
some
significant
combination of executive, legislative and
judicial powers. It is a government body
charged with administering and implementing
particular legislation.
Various units of the Government, including a
department, bureau, office, instrumentality, or
government-owned or controlled corporation, or
a local government or a distinct unit therein. It
is a national agency is it refers to a unit of the
National Government and a local agency if it
refers to a local government or a distinct unit
therein.
Administrative
distinguished.

agency

and

Court

1. An administrative body is general a


large organization staffed by men who

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


are deemed to become something of
experts in their particular fields. A court
is a tribunal which is presided by one or
more jurist learned in the law.

c. Weekly or daily reports to agency


heads
Types of Administrative Agencies

2. An administrative agency performs a


variety of functions, while the Court
performs only judicial function

1. Grant

3. An administrative agency is not bound


by the rules of evidence or procedure.

3. Business Service for the public

Status
or
Character
Administrative Agencies

of

particular

2. Functions of the Government

4. Regulate Business
5. Regulate Private Business

1. Public or Governmental Agencies


Functioning within the scope of their
authority, for an behalf of the
government

6. Individual Controversies
Administrative Organization
Distribution of Powers of the Government

2. Judicial Bodies They are not Courts or


judicial bodies. They merely exercise
quasi-judicial powers

1. Traditional Branches
a. Legislative Power

3. Legislative or Executive Agencies They


are part of the executive branch
exercising quasi-legislative powers
4. Independent Bodies An agency
independent of the executive branch.
5. Corporate or Legal Entities bodies
with legal capacity to sure or be sued in
Courts.
Main
Characteristic
agencies

of

Administrative

b. Executive Power
c. Judicial Power
2. Special Agencies
a. Civil Service Commission
b. Commission on Elections
c. Commission on Audit
Organization of the Office of the President

1. Size

1. Office of the President Proper


2. Specialization

a. Private Office

3. Responsibility for Results


b. Executive Office

4. Variety of Administrative Duties

c. Common Staff Support System


Delegation of Function and Authority

d. Presidential Special Assistants

1. Types
Simplicity, Economy and Efficiency
a. Internal Management
b. Authority
matters

to

dispose

Organization of Departments
of

Routine

c. Dispose of matters informally


d. Authority and Function in formal
proceedings
2. Degree
a. Statement
policies

Department refers to an executive department


created by Law. It includes any instrumentality
having or assigned the rank of a department,
regardless of its name or designation
Department Services
1. Planning Service

of

agency

heads

of

2. Financial and Management Service


3. Administrative Service

b. Consideration by agency heads


4. Technical Service
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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


5. Legal Service
Organization of Bureaus
Bureau refers to any principal subdivision or
unit of any department, performing a single
major function or closely related functions.
Line Bureau directly implements programs
adopted pursuant to department policies and
plans. Line bureaus exercise supervision and
control over their regional and field offices.

Powers and Functions of Administrative


Agencies
Function is that which one is bound or which it
is ones business to do
Power means by which a function is fulfilled
Scope of powers
1. Express and Implied Powers
2. Inherent Powers

Administrative Relationship
1. Supervision and Control

3. Quasi-Judicial Powers
Nature of Powers

2. Administrative Supervision

1. Jurisdiction Limited

3. Attachment
2. Powers within their Jurisdiction Broad
Government-owned
and
Controlled
Corporations refer to any agency organized as a
stock or non-stock corporation, vested with
functions relating to public needs; owned by
the Government directly or through its
instrumentalities of at least 50% of its capital
stock.
Regulatory Agency refers to any agency
expressly vested with Jurisdiction to regulate,
administer or adjudicate matters affecting
substantial rights and interest of private
persons, the principal powers of which are
exercised by a collective body, such as
commission, board or council.

3. Powers subject to the Constitution,


Applicable Law, or Administrative
Regulation
Administrative Function is defined as referring
to the executive machinery of the government
and the performance by that machinery of
governmental acts. It refers to the management
actions, determinations, and orders of
executive officials as they administer the laws
and try to make government effective.
Powers of Administrative Agencies
1. Nature

Mandates of different Departments


1.
2.
3.
4.
5.

Department of Foreign Affairs


Department of Finance
Department of Justice
Department of Agriculture
Department of Public Works and
Highways
6. Department of Education
7. Commission on Higher Education
8. Department of Labor and Employment
9. Department of National Defense
10. Department of Health
11. Department of Trade and Industry
12. Department of Agrarian Reform
13. Department of Tourism
14. Department
of
Environment
and
National Resources
15. Department of Interior and Local
Government
16. Department of Transportation and
Communications
17. Department of Social Welfare and
Development
18. Department of Budget and Management
19. Department of Science and Technology
20. Department of Energy
21. National Economic and Development
Authority

a. Investigatory
b. Quasi-Legislative or Rule Making
Power
c. Quasi-Judicial or Adjudicatory
2. Subjective Choice
a. Discretionary
Power or Right conferred by law of
acting
officially
under
certain
circumstances, according to dictate
of
their
own
judgment
and
conscience.
b. Ministerial
One performed in response to a duty
which has been positively imposed
by Law
Investigatory Powers
Power of an administrative body to inspect the
records and premises, and investigate the
activities of persons or entities coming under
its jurisdiction.

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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


Limited to investigating the facts and making
findings and recommendations

3. Limited to the powers granted to it


4. It must not be contrary to Law

Scope and Extent of Powers


1. Initiation of Investigation
2. Conduct of Investigation
3. Requirements as to accounts, records,
reports or statements
4. Requiring attendance of witnesses,
giving of testimony, and production of
evidence
5. Hearing
6. Contempt
7. Application of Technical Rules of
Procedure and evidence

5. It must be Reasonable
Orders and Determinations are actions in
which there is more of the Judicial function
and which deal with a particular present
situation
Rules and regulations are actions in which
legislative element predominates
Kinds of Rule-Making powers
1. Supplementary or Detailed legislation

Rule Making Powers

2. Interpretative legislation

The Statutory grant of rule-making power to


administrative agencies is a valid exception to
the rule on non-delegation of legislative power,
provided two conditions concur:

3. Contingent
Administrative Rules

1. Statute is complete in itself

1. Internal

2. Statute fixes a standard.

2. Penal

A valid rule or regulation duly promulgated by


an administrative agency has the force and
effect of law and is binding on the agency and
on all those dealing with the agency.

Legislative
and
distinguished

Interpretative

Rules

1. Legislative are new provisions and it has


the force and effect of law

Operative Fact Doctrine


As a general rule, an unconstitutional act is
not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no
office; it is inoperative as if it has not been
passed at all.
The doctrine of operative fact, as an exception
to the general rule, only applies as a matter of
equity and fair play. It nullifies the effects of an
unconstitutional law by recognizing that the
existence of a statute prior to a determination
of unconstitutionality is an operative fact and
may have consequences which cannot always
be ignored. The past cannot always be erased
by a new judicial declaration.
The doctrine is applicable when a declaration of
unconstitutionality will impose an undue
burden on those who have relied on the invalid
law. Thus, it was applied to a criminal case
when a declaration of unconstitutionality
would put the accused in double jeopardy or
would put in limbo the acts done by a
municipality in reliance upon a law creating it
Limitations on the Rule-Making power of
Administrative agencies

2. Interpretative Rules are those which


interpret and clarify previous laws
Ordinance Power of the President
1. Executive Order
2. Administrative Order
3. Memorandum Order
4. Memorandum Circular
5. Proclamations
6. General or Special Orders
Requisites for validity of administrative
Rules and Regulations
1. Authority of Law
2. Must not be Contrary to Law and the
Constitution
3. Promulgated
Procedure

with

the

4. Must be Reasonable
1. It must be consistent with the
Constitution or the Statute creating it.
2. It must not amend or alter the Statute
creating it

Grant of Rule-Making Powers


1. Legislative Act

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP

Prescribed

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


2. Implication from the powers expressly
granted
Test applied in determining validity of rules
1. Must not exceed with the authority
conferred to it

The doctrine of separation of power does not


preclude a certain degree of admixture of the
three powers of Government in administrative
agencies.
Requisites for delegation
1. Completeness of the Statute

2. Must not conflict with the Governing


Statute
3. Must not extend or modify the Statute
Liberal implementation of the rules and
regulations of an administrative agency is
justified in cases where their rigid enforcement
will result in a deprivation of legal rights

2. Sufficient Standard
What can be delegated is the discretion to
determine how the law may be enforced, not
what the law shall be.
Administrative Proceedings

Penal Rules and Regulation refer to those


carrying penal or criminal sanctions for its
violation

Adversary in nature If it may result in an


order in favor of one person against another,
and the primary purpose of the agency is to
protect the public interest.

Requisites for Validity

Quasi-judicial nature

1. Law which authorizes the promulgation


of Rules and Regulations

1. Taking and evaluation of evidence

2. The law must fix or define such penalty

2. Determination of facts based upon the


evidence presented

3. Punishable or made a crime under the


law itself

3. Rendering an order or
supported by the facts proved

4. Publication in the Official Gazette


Adjudicatory Powers
Quasi-Judicial function is a term which applies
to the actions, discretion, etc. of public
administrative officers or bodies that are
required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw
conclusions from them, as a basis for their
official action and to exercise discretion of a
judicial nature.
Classification of Adjudicatory Powers
1. Enabling Power Grant or Denial
2. Directing Power Corrective Power
3. Dispensing Power Exempt or relax a
general prohibition
4. Summary Power Compulsion or Force
to effectuate a legal purpose
5. Equitable Powers Determine the law
upon a particular state of facts, and
must consider and make proper
application of the rules of Equity
Separation of Administrative Powers
POTESTAS
DELEGARI

DELEGATA

NON

POTEST

decision

Primary Jurisdiction
Courts will not resolve a controversy involving a
question which is within the jurisdiction of an
administrative tribunal, especially where the
question demands the exercise of sound
administrative discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical
and intricate matters of fact.
Administrative Due Process
1. Right to Notice
2. Right to Appear
3. Right to a tribunal vested with
competent Jurisdiction
4. Right to a decision supported by
substantial evidence
Elements or Essentials of Right to hearing
1. To present his case or defense, and
submit evidence
2. To know the claims of the opposing
party
3. To cross-examine witnesses
4. To submit rebuttal evidence
Investigation informal proceedings to obtain
information to govern future actions. They have
no parties and are not proceedings
Hearing There are parties and issues of law
and of fact to be tried and the conclusion of the
hearing may affect the rights of the parties.

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


Proceedings in which no hearing is required.

Judicial Review of Administrative Actions

1. Due
process
dependent
upon
the
circumstances presence of a party is not
always the basis of due process. In some
instances, even a hearing and notice are
not required. It is true where much must be
left to the discretion of the administrative
officers in applying a law to a particular
case.

Substantial Evidence means such evidence as


a reasonable mind might accept as adequate to
support a conclusion.

2. Nature of right affected notice and hearing


are necessary in order to comply with due
process of law only when constitutional
right is claimed to be invaded and the
Constitution does not require a trial-type
hearing in every case of government
impairment of private interest.
3. Nature of power exercised it is not
essential where the proceeding or power
exercised
is
legislative,
executive,
administrative, or ministerial in nature and
not judicial, quasi-judicial, or adjudicatory,
or the government is engaged in the
dispatch of its own internal affairs.
4. Instances when requirement not essential
in adjudicatory proceeding
a. Immediate Safety of
property
b. Interlocutory Orders
c. Summary Action
d. Sufficiency of Evidence

persons

and

5. Waiver of right one may not claim that he


was not accorded a hearing or an
opportunity to be heard on facts which
merely show that he did not avail himself of
the opportunities afforded for a hearing.
Res judicata in Administrative Proceedings
It provides that a final judgment on the merits
rendered by a court of competent jurisdiction is
conclusive as to the rights of the parties and
their privies and constitutes an absolute bar to
subsequent action involving the same demand,
claim, or cause of action. It is said that it is
applicable to determinations in the field of
admin law as well as to courts whenever
consistent with the purposes of the tribunal,
board, or officer (Lanuza v. Court of Appeals)
Res judicata embraces two concepts: bar by
former judgment and conclusiveness of
judgment.
Requisites of res judicata:
1. It must be a final judgment
2. The court which resolved it had jurisdiction
over the subject matter and the parties
3. It must be a judgment on the merits
4. There must be identity between the two
cases, as to the parties, subject matter, and
cause of action.

Interlocutory Order refers to something


intervening between the commencement and
the end of a suit which decides some point or
matter but it not a final decision of the whole
controversy
Final Judgment or Order is one that finally
disposes of a case leaving nothing more to be
done by the Court in respect thereto.
Doctrine of Primary Jurisdiction determines
in some circumstances whether initial action
should be taken by a Court or by an
Administrative Agency
Doctrine of Exhaustion of Administrative
Remedies is primarily to control the timing of
judicial relief from adjudicative action of an
agency.
Exceptions:
1. Such remedy is permissive in the
statute authorizing the same
2. Purely question of Law
3. Constitutionality of the Statute
4. Questions involved are purely Judicial
5. Estoppel
6. Irreparable Damage will be suffered
unless
resort
to
the
Court
is
immediately made
7. When there is no other plain, speedy, or
adequate remedy in the ordinary court
of Law
8. Respondent officer acted in utter
disregard of due process
9. When it will result to the nullification of
the claim being asserted
10. Unreasonable delay
11. Special Circumstances
12. Oppressive and Unreasonable
13. No administrative Review
14. Where the subject land is not part of the
Public Domain
15. Possessory Actions involving Public
Lands
16. Respondent is a Department Secretary
17. Administrative Officer has not rendered
any decision or findings
18. No Administrative remedy available
19. Strong public interest is involved
Doctrine of Ripeness for Review applied to
rule-making and administrative action. It is the
point at which the Courts may review
administrative action except that the former
applies
to
administrative
action
than
adjudication

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP

AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP


Doctrine of Primary Jurisdiction vs.
Doctrine of Exhaustion of Administrative
Remedies
1. The
doctrine
of
exhaustion
of
administrative remedies is invoked as a
defense to Judicial Review of an
Administrative action not yet deemed
complete
2. Question of Primary Jurisdiction arise
where
both
the
Court
and
Administrative agency have jurisdiction
to pass on a question
Doctrine of Ripeness for Review
Exhaustion of Administrative Remedies

vs.

1. Ripeness Doctrine applies to Rulemaking and Administrative Action;


Exhaustion
Doctrine
applies
to
Adjudicative action
2. Exhaustion Doctrine answers the
question on whether a party should be
required to pursue an administrative
remedy before going to Court. Ripeness
Doctrine is focused upon the nature of
Judicial process.
Doctrine of Ripeness for Review vs. Primary
Jurisdiction

6. The agency went beyond the issues of


the case
7. The findings are conclusions without
citation of specific evidence
8. The findings are contradicting to the
evidence
9. The facts set forth in the petition are
not disputed by the respondent
10. Irregular Procedures
11. Prejudiced rights of a party
Preponderance of Evidence is evidence
adduced by one side which is, as a whole,
superior to or has greater weight or more
convincing than that which is offered in
opposition to it.
Substantial Evidence not applicable
1. Trial de novo
2. Statute has a standard of proof required
3. Suit is not for review of the
administrative order
4. Constitutional and Jurisdictional facts
are involved
5. Property rights rather than privileges
are involved
Immunity from Suit

1. Primary
Jurisdiction
determines
whether or not the Court or the Agency
should make the initial decision. Both
determines at what stage a party may
secure Judicial review of Administrative
action.
2. Primary Jurisdiction arises only when
Administrative and Judicial Jurisdiction
are concurrent. Ripeness may arise
whenever
judicial
review
of
administrative action is available.

Generally, the doctrine of judicial immunity


from suits extends generally to governmental
officials in respect to their acts of a
discretionary, judicial, or quasi-judicial nature.
It protects an officer from liability for a mistake
of fact or erroneous construction and
application of the law, or error of judgment in
the determination of the law, of the facts,
including the officers duties under the law.

Scope and Extent of Judicial Review


1. Determination of law
2. Determination of Facts
3. Discretionary Determination
Grounds which would warrant reversal of
Administrative Findings
1. Conclusion is grounded on speculations
2. Interference
mistaken

made

are

manifestly

3. Grave abuse of discretion


4. Judgment is based on misapprehension
of facts
5. The Court or Agency overlooked certain
facts
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP