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Memory Aid

made effective in said islands, whether


pertaining to the central government or to
the provincial or municipal branches or
other form of local government.

General Principles
Political law - That branch of public law which
deals with the organization and operation of the
government organs of the state and defines the
relations of the state with the inhabitants of its
territory.

National Government
-

Its subdivisions
a.
b.
c.
d.

Constitutional Law
Admin law
Law on public officers
Law on public corporations

Administrative law - that branch of public law


which fixes the organization of government and
determines the competence of the administrative
authorities who execute the law, and indicates to
the individual the remedies for the violation of his
rights.
Government - That institution or aggregate of
institutions by which an independent society
makes and carries out those rules of action which
are necessary to enable men to live in a social
state, or which are imposed upon the people
forming that society by those who possess the
power or authority of prescribing them.
Administration - The aggregate of those
persons in whose hands the reins of government
are for the time being.
-

As a function the execution, in nonjudicial matters, of the law or will of the


state
as
expressed
by
competent
authority.
Kinds:
o Internal legal side of public
administration,
e.g.,
matters
concerning personnel, fiscal and
planning activities
o External deals with problems of
government
regulations,
e.g.,
regulation of lawful calling or
profession,
industries
or
businesses.

Local government
-

Government
Philippines
-

of

the

Republic

of

Mere groupings of contiguous provinces


for administrative purposes, not for
political representation

Agency of the government


-

Refers to any of the various units of the


government, including a department,
bureau, office, instrumentality, or GOCC,
or a local government or a distinct unit
therein.

Government instrumentality
-

Refers to any agency of the government,


not integrated within the department
framework, vested with special functions
or jurisdiction by law, endowed with some
if not all corporate powers, administering
special funds, and enjoying operational
autonomy, usually through a charter.

Chartered institution
-

Refers to any agency organized or


operating under a special charter, and
vested by law with functions relating to
specific
constitutional
policies
or
objectives.
Includes State Universities and Colleges
and the monetary authority of the state.

Sources of Admin Law


1.
2.
3.
4.

1987 Constitution
The Administrative Code of 1987
Statutes
Rules, regulations and decisions
promulgated by admin authorities
5. Judicial decisions

the

Refers to the corporate governmental


entity through which the functions of
government are exercised throughout the
Philippine islands, including the various
arms through which political authority is

A political subdivision of a nation or state


which is constituted by la and has
substantial control of local affairs
Refers
to
the
political
subdivision
established by or in accordance with the
Constitution

Administrative regions

Concept of government
a. Self-constitutive
- It is not created or established by any
organization
- Has exclusive control over a population
within a definite territory
b. Self-regulated
- It is bound only by rules of its own making,
and does not abide by or implement
orders
of
other
governmental
organization;
c. Has a clear coercive authority
d. It has as part of itself and subject to its
exclusive control, a military establishment;

Refers only to the central government,


consisting of the legislative, executive and
judicial departments of the government,
as distinguished from local governments
and other governmental entities and is not
synonymous therefore with the term The
Government of the Republic of the
Philippines or Philippine Government.
(Revised Admin Code)
Refers to the entire machinery of the
central government, as distinguished from
the different forms of local government

Administrative bodies or agencies


-

Organ of government other than a court


and other than a legislature, which affects

the rights of private parties either thru


adjudication or rule-making.
Created by:
1. Constitutional provision
2. Legislative enactment
3. Authority of law
Criterion:
o A body or agency is administrative
where its function is primarily
regulatory even if it conducts
hearings
and
determines
controversies to carry out its
regulatory duty
o On its rule-making authority, it is
administrative when it does not
have discretion to determine what
the law shall be but merely
prescribes
details
for
the
enforcement of the law.

and they are binding on all


concerned until they are
changed
3. contingent legislation
o they
are
rules
and
regulations made by an
administrative authority on
the existence of certain
facts or things upon which
the enforcement of the law
depends.
o

Requisites for validity


1. Issued under authority of law
2. Within the scope and purview of
the law
3. Reasonable
4. Publication in the official gazette or
in
a
newspaper
of
general
circulation

Necessity of notice and hearing


o There
is
no
constitutional
requirement for a hearing in the
promulgation
of
a
general
regulation by administrative bodies
o Where the rules are procedural, or
when the rules are merely legal
opinions, there is no notice
required
o However, an admin rule in the
nature of subordinate legislation
designed to implement a law by
providing its details, and before it is
adopted, there must be a hearing
under the Administrative Code of
1987.
o If it were a legislative function, the
grant of prior notice and hearing to
the affected parties is not a
requirement of due process
o Quasi-judicial
functions,
prior
notice and hearing are essential to
the validity

Creation of Admin Authorities


-

Administrative authorities are created by:


a. Constitutional provisions
b. Legislative enactments
c. Autonomous regions enactments;
and
d. Local government actions

Powers of Administrative Bodies


1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
1. Quasi-legislative or rule-making power;
- This is the exercise of delegated
legislative power, involving no discretion
as to what the law shall be, but merely the
authority to fix the details in the execution
or enforcement of a policy set out in the
law itself.
o Rules and authorities issued by
administrative bodies pursuant to
the powers delegated to them have
the force and effect of law;
o The function of promulgating rules
and
regulations
may
be
legitimately exercised only for the
purpose of carrying out the
provisions of the law into effect;
o it must be in harmony with the
provisions of the law;
o it must not override, but must
remain consistent with the law they
seek to apply and implement;
o

kinds of administrative Rules or


Regulations
1. supplementary
or
detailed
legislation
o they
are
rules
and
legislations to fix the
details in the execution
and enforcement of a policy
set out in the law, e.g.,
Rules
and
Regulations
Implementing the Labor
Code
2. interpretative legislation
o they
are
rules
and
regulations construing or
interpreting the provisions
of a statute to be enforced

2. Determinative Powers
- Power of admin agencies to better enable
them to exercise their quasi-judicial
authority.
a. Enabling permits the doing of an act
which the law undertakes to regulate
and which would be unlawful without
government approval;
b. Directing orders the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes;
c. Dispensing to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
d. Examining also called investigatory
power; consists in requiring production
of books, papers, etc., the attendance
of witnesses and compelling their
testimony;
e. Summary

power
to
apply
compulsion or force against persons or
property to effectuate a legal purpose

without judicial warrants to authorize


such actions.
3. Quasi-Judicial or adjudicatory Power
- Administrative body is normally granted
the authority to promulgate its own rules
of procedure, provided they do not
increase, diminish or modify substantive
rights, and subject to disapproval by the
Supreme Court
- Includes the following powers
a. Power to prescribe rules of
procedure valid until annulled by
the SC;
b. Subpoena power not inherent;
maybe exercised only if allowed by the
law and in connection with the matter
they are authorized to investigate.

c. Contempt power must be expressly


granted, and only in the exercise of the
quasi-judicial function.
Due process
o A law which hears before it
condemns, which proceeds upon
inquiry and renders judgment only
after trial
o 2 aspects
Substantive this serves as
a
restriction
on
the
governments law and rulemaking powers.
Procedural due process
this serves as a restriction
on actions of judicial and
quasi-judicial agencies of
the government.