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Philippine Administrative Law

by Ruben Agpalo
Chapter 1 INTRODUCTORY

GENERALLY
Administrative embraces all the law that controls, or is intended to control, the administrative
Law operations of government
Internal Admin legal aspects of public administration as a going concern
External Admin legal relations between administrative authorities and private interests

KINDS OF ADMINISTRATIVE LAW


Four Kinds of (a) statutes setting up admin
Administrative authorities
Law (b) the body of doctrines and
decisions dealing with the creation, operation, and effect of
determinations and regulations of such admin authorities
(c) rules and regulations of such
admin agencies
(d) determinations, decisions and
orders of such admin authorities
Administrative involve the regulation and control over the conduct and affair of individuals for
Functions their own welfare and the promulgation of rules and regulations to better carry
out the policy of the legislature or such as are devolved upon the administrative
agency by the organic law of its existence

DEFINITIONS
Government of
refers to the corporate governmental entity through which the functions of
the Republic of
government are exercised throughout the Philippines
the Philippines
Agency of the refers to any of the various units the Government, including a department,
Government bureau, office, instrumentality, or a government-owned or -controlled
corporation, or a local government
Instrumentality refers to any agency of the National Government, not integrated within the
department framework and vested with special functions or jurisdiction by law

CREATION AND ABOLITION OF AGENCIES


Public Office refers to either two concepts:
1) a functional unit of government,
such as a department or bureau
2) a position held or occupied by
individual persons, whose functions are defined by law or regulation
Creation - created by the Commission or by law or by an officer or tribunal to which the
power to create the office has been delegated by the legislature
- except such offices as are created by the Constitution, the creation of public
offices is primary a legislative action
Constitution President; Constitutional Commissions: Commission on Elections, Civil Service
Commission, the Commission on Human Rights and the Commission on Audit;
the Office of the Ombudsman; the National Economic and Development
Authority; and the National Police Commission
Abolition The power to establish an office includes the authority to abolish it.
POWER TO REORGANIZE INCLUDES POWER TO CREATE OR ABOLISH OFFICES
Reorganization - process of restructuring the bureaucracy’s organizational and functional set-
up, to make it more viable in terms of economy, efficiency and effectiveness,
and make it more responsive to the needs of its public clientele as authorized
by law
- the legislative power to reorganize – and, therefore, to abolish offices –
applies to all offices, including lower courts, except only to those created by the
Constitution itself

PRESIDENT’S POWER TO REORGANIZE


The legislature has granted the President the power to reorganize offices under
the executive department.
SEC 62 OF under this provision, the President is authorized to effect organizational
RA 7645 changes, including the creation of offices in the department or agency
concerned
PD 1416 & 1772 Granted the President of the Philippines the continuing authority to recognize
the national government, which includes the power to group, consolidate
bureaus and agencies, to abolish offices, to transfer functions, to create and
classify functions, services and activities, and to standardized salaries and
materials
The Constitution provides that “all laws, decrees, executive orders,
proclamations, letters of instructions and other executive issuances not
inconsistent with this Constitution shall remain operative until amended,
repealed or revoked.
The exercise of the power of reorganization or abolition of offices must be
made in good faith; otherwise, the same may be declared invalid.
As a general rule, a reorganization is carried out in good faith, if it is for the
purpose of economy or to make bureaucracy more efficient.

POWER OF OTHER AGENCIES TO ORGANIZE; LIMITATIONS


Removal No officer or employee in the career service shall be removed except for valid
cause and after a due notice and hearing.
Due process is violated where there is absolute absence of notice and the lack
of opportunity to be heard.
Tenure Where there is valid reorganization, the abolition of a position does not involve
or mean removal because removal implies that the post subsists and that one is
merely separated therefrom.
After abolition, there is in law no occupant. Thus, there can be no tenure to
speak of.
Officers and employees who are separated from the service as a result of a valid
reorganization are entitled to separation and other retirement benefits accruing
them by reason of the termination of their services.
A dismissed employee can be considered as not having left his office only upon
reinstatement and should be given comparable position and compensation at
the time of reinstatement.
Bad Faith A reorganization has been regarded as invalid if it is pursued in bad faith. Bad
faith is a state of mind affirmatively operating with furtive design or with some
motive of self-interest or ill will or for an ulterior purpose.
A reorganization is improper or invalid when effected without observing the
prescribed priorities in retention and separation of the personnel concerned.

OTHER LIMITATIONS ON POWER TO REORGANIZE


Quasi-Judicial General rule is that the power to reorganize the executive offices granted by
Authority law to a reorganization commission does not include vesting an admin body the
quasi-judicial authority to adjudicate certain claims which ordinarily come
within the jurisdiction of regular courts
Attached Offices The power granted to an executive agency to reorganize itself covers only
offices falling under said agency and not those attached thereto. (Eugenio vs.
CSC)

REASONS FOR CREATION OF ADMINISTRATIVE AGENCIES


Four Reasons for 1) To unclog court dockets.
Creating Specialized agencies have been created to hear and decide particular
Specialized disputes.
Admin Agencies 2) To meet the growing complexities
of modern society.
3) To help in the regulation of
ramified activities of a developing country.
4) To entrust to specialized agencies
in specified fields with their special knowledge, experience and capability
the task of dealing problems therof as they have the experience, expertise
and power of dispatch to provide solutions thereto.
Reasons for the
1) the need for special competence
delegation of
and experience
quasi-judicial
2) clogged dockets of courts
authority

Chapter 2 POWERS OF PUBLIC OFFICERS

GENERALLY
3 Distinct
It is the duty of the legislature to make the law’ of the executive to execute the
Branches of the
law; and of the judiciary to construe the law.
Government
Separation of does not prohibit the delegation of some powers to the administrative
Powers agencies, empowering them to exercise administrative, investigatory, rule-
making or adjudicatory functions
Legislative
the power to make, alter, and repeal laws
Power
Judicial Power the authority to settle judicial controversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of
wrongs for violations of such rights

POWERS OF ADMINISTRATIVE AGENCIES, GENERALLY


Power of - logically fall under the executive department
Administrative - granted by the legislature with administrative, executive, investigatory,
Agencies legislative or judicial powers or a combination of these, as exceptions to the
general rule against delegation of power
- have powers which are administrative and sometimes ministerial; quasi-
legislative or quasi-judicial; powers which are expressly granted or necessarily
implied.

EXPRESS AND IMPLIED POWERS:


GENERALLY
Public officials possess powers, not rights. There must be a grant of authority, whether express or
implied, to justify any action taken by them.
In the absence of a valid grant, they are devoid of power.
A public official must locate in the statute relied upon a grant of power before he can exercise it. It
need not be express. It may be implied from the wording.
Express Power power expressly granted of statutes

DOCTRINE OF NECESSARY IMPLICATION


Implied Powers - those necessarily implied in ,and therefore of lesser degree than, the power
granted. It cannot be extended to other matters not embraced therein, nor
incidental thereto
Doctrine of
states that what is implied in a statute is as much a part therof as that which is
Necessary
expressed
Implication
‘Necessary one that is so strong in its probability that the contrary thereof cannot
Implication’ reasonably be supposed

GRANT OF POWER INCLUDES INCIDENTAL POWER


The statutory grant of power includes incidental powers. As a rule, a general power is conferred or
duty enjoined, every particular power necessary for the exercise of one or the performance of the
other is also conferred.
Thus, the power to establish an office includes the authority to abolish it, unless there are
constitutional provisions expressly or impliedly providing otherwise.

GRANT OF POWER EXCLUDES GREATER POWER


The principle that the grant of power includes all incidental powers necessary to make the exercise
thereof effective implies the exclusion of those which are greater than that conferred.
Thus, the power to investigate does not include the power to adjudicate, nor decide cases as courts
or quasi-judicial bodies.

LIMITATIONS ON THE GRANT OF POWER


The statutory grant of power does not include, by implication, such power as the exercise of which
will violate the Constitution, the statute conferring the power, or other laws on the subject.
The former should instead be reconciled with, or must give way to, the latter.
Thus, the power of the President to appoint carries with it the power to remove Presidential
appointees who serve at his pleasure, but excludes the power to remove career permanent
presidential appointees as they enjoy security of tenure under the Constitution, except for cause
and after due process.

GRANT OF JURISDICTION AND WHAT IS IMPLIED THEREFROM


Jurisdiction to hear and decide cases, which involves the exercise of adjudicatory power, is
conferred only by the Constitution or by statute.
An administrative agency cannot grant itself jurisdiction to decide a particular matter by issuing the
appropriate rules and regulations in the exercise of its quasi-legislative power, where the enabling
statute does not so confer.
Jurisdiction cannot be implied from the language of a statute, in the absence of a clear legislative
intent to that effect.
Problems as to whether an administrative agency has jurisdiction over certain matters arise when
the language of the law is not clear. (GTEB vs. CA)

REMEDY IMPLIED FROM A RIGHT


Where there is a right, there is a remedy for violation thereof.
The existence of a right in favour of a person implies a corresponding obligation on the part of
another who violates such right, and entitles the former to a remedy to assure its observance and
vindication.
The fact that the statute is silent as to the remedy does not preclude him from vindicating his right,
for such remedy is implied from such right.

ILLEGALITY OF ACT IMPLIED FROM PROHIBITION


Where a statute prohibits the doing of an act, the act done in violation thereof is by implication null
and void.

MINISTERIAL AND DISCRETIONARY POWERS:


MINISTERIAL POWER
Ministerial Duty - one which is so clear and specific as to leave no room for exercise of discretion
in its performance.
- one which an officer or tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate of legal authority, without
regard to the existence of his own judgement, upon the propriety or
impropriety of the act done.

MINISTERIAL DUTY DISTINGUISHED FROM DISCRETIONARY POWER


Discretionary requires the exercise of judgment
Duty
If the law imposes a duty upon a public officer and gives him the right to decide how or when the
duty shall be performed, such duty is discretionary and not ministerial.
The duty is ministerial only when the discharge of the same requires neither the exercise of official
discretion nor judgment.

DISCRETIONARY POWER
Discretion faculty conferred upon a court or other official by which he may decide a
question either way and still be right
An officer to whom discretion is entrusted cannot delegate it to another, the presumption being
that he was chosen because he was deemed fit and competent to exercise that judgement and
discretion, and unless the power to substitute another in his place has been given to him, he cannot
delegate his duties to another.

MANDATORY AND PERMISSIVE DUTIES AND POWERS


GENERALLY
Mandatory
- a statute which contains words of command or of prohibition
Statute
Acts executed against the provisions of mandatory or prohibitory laws shall be
void, except when the law itself authorizes their validity.
Discretionary - a statute which is merely operates to confer discretion upon a person, namely,
Statute to act accordingly to the dictates of his own judgement and conscience

TEST TO DETERMINE NATURE OF STATUTE


If no substantial rights depend on a statute and no injury can result from ignoring it, then the
statute will be regarded as directory; but if not, it will be mandatory.

Chapter 3 POWER OF CONTROL, SUPERVISION AND INVESTIGATION

PRESIDENT’S POWER OF CONTROL


Sec 17, Art VII of provides that “President shall have control of all the executive departments,
the 1987 Consti bureaus, and offices. He shall ensure that the laws be faithfully executed.”
Power of Control - power to alter or modify or nullify or set aside what a subordinate officer had
done in the performance of his duties and to substitute his judgement with that
of the latter.
The power of control under the constitutional provision implies the right of the
President to interfere in the exercise of such discretion as may be vested by law
in the officers of the executive departments, bureaus or offices of the national
government.

LIMITATION’S ON THE PRESIDENT’S CONTROL POWER


The Power of 1) the abolition or creation of an
Control does not executive office
include the 2) the suspension or removal of
following: career executive officials or employees without due process of the law
3) the setting aside, modification, or
supplanting of decisions of quasi-judicial agencies

PRESIDENT’S POWER OF SUPERVISION


Power of - power of overseeing or power to see that the officials concerned perform their
supervision duties, and if they later fail or neglect to fulfil them, to take such action or steps
as prescribed by law to make them perform their duties.

POWER OF INVESTIGATION:
EXECUTIVE POWER OF INVESTIGATION
The President has the power to order the conduct of investigation for a number of purposes, such
as for all administrative function for a number of purposes, such as for all administrative functions,
rule-making and adjudication.
The President may make investigations, not only in the proceedings of a legislative or judicial
nature, but also in proceedings whose sole purpose is to obtain information upon which future
action of a disciplinary, administrative, legislative or judicial nature may be taken. (Evangelista v.
Jarencio)

Chapter 4 QUASI-LEGISLATIVE POWER

LEGISLATIVE POWER
Legislative - the power to male, alter, and repeal laws.
Power The Constitution provides that “the legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to extent reserved to the people by the provision on
initiative and referendum.
The doctrine of separation of powers prohibits the delegation of purely
legislative power.

DELEGATION OF LEGISLATIVE POWER TO THE PRESIDENT


The doctrine of separation of powers does not, however, absolutely prohibit delegation of
legislative power.
Constitution - makes the delegation of legislative power to the President, the Supreme
Court, and the local government units
- Sec 23(2) and 28(2) of Article VI
Administrative also delegates to the President certain ordinance powers, in the form of
Code of 1987 presidential issuances
Presidential - those which the President issues in the exercise of his ordinance power. They
Issuances include executive orders, administrative orders, proclamations, memorandum
orders, and general or special orders.
Executive Orders acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers
Administrative acts of the President which relate to particular aspects of governmental
Orders operations in pursuance of his duties as admin head
Proclamations acts of the President fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law
or regulation is made to depend
Memorandum acts of the President on matters of administrative detail or of subordinate or
Orders temporary interest which only concern a particular officer or office of the Gov.
Memorandum acts of the President on matters relating to internal administration which the
Circulars President desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or compliance
General or acts and commands of the President in his capacity as Commander-in-Chief of
Specific Orders the Armed Forces of the Philippines

RULE-MAKING POWER, GENERALLY


Rule-making - refers to the power to issue rules and regulations which result from delegated
Power of legislation in the administrative level
Administrative - a relaxation of the principle of separation of powers and is an exception to the
Agencies non-delegation of legislative powers

DISTINGUISHED FROM QUASI-JUDICIAL POWER


Legislative Act an action in the form of a general rule for the future to govern the public at
large
Judicial Act an action which results from investigation, declaration and enforcement of
liabilities as they stand on present or past facts and under existing laws

KINDS OF RULE-MAKING POWER


3 Types of Rule-
1) Rule-making by reason of particular delegation of authority
making Powers
- the power to issue rules and regulations which have the force and effect of
of Administrative
law
Agencies
2) Rule-making by the construction and interpretation of a statute being
administered
- the power of administrative agencies to interpret and construe the statutes
entrusted to them for implementation
3) Determination of facts under a delegated power as to which a statute shall
go in effect
- refers to the ascertainment of facts which will form the basis for the
enforcement of a statute

DELEGATION OF LEGISLATIVE POWER:


DELEGATION OF LEGISLATIVE POWER; REASONS THEREFOR
Delegation of - refers to the grant of authority by the legislature to administrative agencies to
Legislative issue rules and regulations concerning how the law entrusted to them for
Power implementation may be enforced
Power of - delegated authority to issue rules and regulations to carry out the provisions
Subordinate of a statute
Legislation - with this power, admin agencies may implement broad policies laid down in a
statute by ‘filling in’ the details which the Congress may not have the
opportunity or competence to provide
Reasons for the - the increasing complexity of the task of government
Delegation - the growing inability of the legislature to cope directly with the myriad
problems demanding its attention (need for experts to comprehend problems
of society

WHAT CANNOT BE DELEGATED


those which are purely legislative in nature:
- making, altering and repealing of a law
- the determination of legislative policies and objectives to be achieved
- the formulation and promulgation of a defined and binding rule of conduct

WHAT MAY BE DELEGATED


- the discretion as to how the law shall be enforced
- to issue rules to fill in details
- to ascertain facts on which the law will operate
- to exercise police power
- to fix rates
The rule is that what has been delegated cannot be delegated to others.

TESTS FOR VALIDITY OF DELEGATION:


COMPLETENESS TEST
The law must be complete in all terms and conditions when it leaves the legislative such that when
it reaches the delegate, the only thing he will have to do is to enforce it.
A statute may be complete when the subject, the manner, and the extent of its operations are
stated in it.
The test of completeness is whether the provision is sufficiently definite and certain to enable one
to know his rights and obligations; whether it describes what it must be done, who must do it, and
the scope of his authority.

SUFFICIENT STANDARD TEST


There must be adequate guidelines or limitations in the law to map out the boundaries of the
delegate’s authority and prevent the delegation from running riot.
Standard - must be reasonably adequate, sufficient, and definite for the guidance of
administrative agency in the exercise of the power conferred upon it and must
also be sufficient to enable those affected to know their rights and obligations.
- may be found within the framework of the statute
- may be found in other pertinent legislation, or an executive order
Adequate - simplicity and dignity, public interest, public welfare, interest of law and order,
Standards as justice and equity, adequate and efficient instruction, public safety, public
held by Court policy, greater national interest, protect the local consumer by stabilizing and
subsidizing domestic pump rates, and promote simplicity, economy and
efficiency in government
- fair and equitable employment practices
In Edu v. Ericta and Calalang v. Williams, involve the exercise of police power.
Police power is so pervasive in the promotion of health, morals, peace safety,
and general welfare as to be illimitable, which is inherent in the state. A general
or board standard, such as safety or public interest or welfare, is sufficient as
guide for the exercise of the delegated power.