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 Administrative law – branch of modern law under which the executive dep’t of the gov’t , acting in its QL or QJ
capacity, interferes w/ the conduct of an individual for the purpose of promoting the well-being of the

 Object and scope: the regulation of private right for public welfare.

 Origin: Legislation
Justification: Expediency

When the legislative and judicial departments no longer had the time nor expertise to attend to the increasing
difficulties confronting the government, the solution was delegation of power.

 Sources:
1. Law creating administrative bodies
2. Decisions of courts/jurisprudence
3. Administrative issuances
4. Administrative adjudications

 Administration
 As an institution – refers to the persons who actually run the gov’t
 As a function – the actual running of the gov’t by the executive authorities through the enforcement of
laws and the implementation of policies

 As an activity:
 Internal administration – relations of public functionaries inter se and the law on public
 External administration – relation of the public office w/ the public in general

 Administration vs Law

Law is an impersonal command provided w/ sanctions to be applied in case of violation.

It is concerned only w/ obedience to its mandate.

Administration is preventive rather than punitive and is accepted to be more personal.

It has a more sympathetic regard for the individual and seeks to spare him from punishment of law by
persuading him to observe its commands.


 Definition: a body endowed w/ QL and QJ powers for the purpose of enabling it to carry out laws to it for
enforcement or execution

 Agency – any department, bureau, office, commission authorized by law or executive order to
make rules, issue licenses, grant rights or privileges and adjudicate cases

 Government Instrumentality - not integrated within the department framework

- Vested w/ special functions or jurisdiction by law and enjoying operational
autonomy usually through a charter

 Government owned or controlled corporation (GOCC)

- Any agency organized as a stock or non-stock corporation
- Vested w/ functions related to public needs whether governmental or
proprietary in nature
- Owned by the gov’t directly or through its instrumentalities

 Nature: pertains to the executive because its principal function is the implementation of the law
 Manner of Creation:
1. By the Constitution
- Can only be altered or abolished by Constitutional amendment
2. By statute
- Legislature can amend or repeal its charter
(President’s power to reorganize the national government)

 Relation to Regular Departments

 In the exercise of the powers delegated to it by the legislature, the administrative body acts as an agent
of the law-making body and so is bound to obey and implement the legislative will

 The administrative agency pertains to the executive department and so comes under the constitutional
control of the president, which control cannot be limited nor withdrawn by the legislative

 With the judiciary, it is settled that the courts cannot be deprived of their inherent power to decide all
questions of law. Judicial review.

1. Quasi Legislative (Rule Making) Power
 Power of subordinate legislation
 To promulgate rules intended to carry out the provisions of particular law and implement
legislative policy
 The rules and regulations have the force and effect of a statute,
 Valid delegation from the legislative, not a total abdication of legislative power

1. Its promulgation is authorized by the legislative
2. Within the scope of the authority given (not ultra vires)
3. In accordance with the prescribed procedure
4. reasonable (not arbitrary or capricious)

* promulgations of general application does not require previous notice and hearing, unless
mandated by the legislature

*the requirement of publication of administrative regulation is necessary only when it is of general

application and penal in nature

Distinguished from legislative power:

 the discretion to determine what the law shall be is exclusively legislative and cannot be
delegated. In the promulgation of administrative regulations, the discretion is on how the law
shall be enforced

Tests of delegation:
1. Completeness test - the law must be complete in all its terms and conditions when it leaves
the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it

2. Sufficient standard test - a sufficient standard is one which defines legislative policy, marks
the limits of the delegate’s authority, maps out its boundaries and specifies the conditions under
which it is to be implemented

Kinds of Administrative rule/regulations:

1. interpretive – designed to provide guidelines to the law.
- They constitute the administrator’s construction of the statute, it is at best
advisory for it is the court which ultimately determines what the law means
- entitled to great respect and a presumption of regularity in their favor
- need not be published

2. legislative – is in the matter of subordinate legislation, designed to implement a

primary legislation by providing the details thereof.
- Issued pursuant to a valid delegation of legislative power and has the force and
effect of law
a. Supplementary regulations – to fill in the details of the law, to make explicit what is
only general
b. Contingent regulations – issued upon the happening of a certain contingency and on
the basis thereof, enforce or suspend the operation of the law

 The interpretation given to a rule or regulation is entitled to the greatest weight by the court
construing such rule.
 The construction of a statute by those administering it is NOT binding on their successors if the
latter is satisfied that a different construction should be given

2. Quasi Judicial Power

 Power of adjudication
 To resolve , in a manner essentially judicial, factual questions and legal questions incidental to
its primary power of enforcement of the law
 Its exercise is only incidental to the main function of enforcement

To better exercise quasi judicial authority, administrative bodies are also vested with determinative powers
1. Enabling power – to permit the doing of an act
2. Directing – to order the performance of an act
 Dispensing – to relax the general operation of the law or exempt from the general duty
 Summary – use of administrative authorities of force upon persons or things without
necessity of previous judicial warrant
 Examining power – inspection of records and premises and investigate the activities of
persons or entities, conduct hearings, punish through contempt, issue writs of preliminary
injunction in relation to its broad power of investigation or examination

*while it is a fundamental rule that an administrative agency has only such powers as are expressly granted
to it by law, it is likewise a settled rule that an administrative agency has also such powers as are
necessarily implied in the exercise of its express power (doctrine of necessary implication)

1. Jurisdiction
2. Due process
- the essence of due process in administrative proceedings is the opportunity to explain
one’s side or a chance to seek reconsideration
- substantial evidence, such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion

RES JUDICATA in administrative decision

-decisions and orders of administrative agencies rendered pursuant to their QJ authority have, upon
their finality, the force and binding effect of a final judgment within the purview of the doctrine of res


 Administrative decisions may be appealed to the courts only when the law permits or if the issues
involved are questions of law

Primary Jurisdiction or Prior Resort

- Does not warrant the court to arrogate unto itself authority to resolve a controversy the jurisdiction
over which is initially lodged with an administrative body of special competence
- Factual questions requires special competence and knowledge of the administrative body

Doctrine of Exhaustion of Administrative Remedies (DEAR)

- An administrative decision must first be appealed to the administrative superiors up to the highest
level before it may be elevated to a court of justice

1. Violation of due process
2. Issue is purely legal
3. Administrative action is patently illegal/lack or excess of jurisdiction
4. Estoppel
5. Irreparable injury
6. Unreasonable/ Claim involved is small
7. Requires urgency of judicial intervention
8. No other plain, speedy and adequate remedy
9. Strong public interest
10. Quo warranto proceedings
11. Subject is a private land

Doctrine of qualified political agency

- The acts of a department secretary, who is considered to be an alter ego of the president, bear the
implied or assumed approval of the latter and are valid unless the president actually disapproves them

 Is an appeal to the Office of the President of decisions of cabinet members proper under DEAR?
- In Calo v Fuertes, it was held that an administrative appeal to the president was the final step in
the administrative process and thus a condition precedent to a judicial appeal.
- The president is not precluded from exercising the power to review the decision of the former
pursuant to the president’s power of control over all executive departments, bureaus and

Noncompliance with DEAR

- Results in the lack of cause of action which may be invoked in a motion to dismiss
- May also result in forum shopping

Questions Reviewable
Questions of fact and Questions of Law

*Findings of fact by an administrative body are afforded great weight by the courts, they are conclusive
and in the interest of stability, should not be disturbed.

Doctrine of Finality of Administrative Action

- No resort to courts is allowed unless administrative action has been completed, to pursue the
administrative case until its completion