ADMINISTRATIVE LAW

 branch of public law which fixes organization and determines competence

of administrative authorities and indicates to individual remedies for
violations of his rights.

Administrative Bodies or Agencies

 organ of government other than court and other than legislature, which affects
rights of private parties either through adjudication or rule-making.
How created:
1. By constitutional provision;
2. By legislative enactment; and
3. By authority of law.
Powers of Administrative Bodies:
1. Quasi-legislative or rule-making power;
2. Quasi- judicial or adjudicatory power; and
3. Determinative powers.
Quasi-Legislative or Rule-Making Power:
 in exercise of delegated legislative power, involving no discretion as to what law
shall be, but merely authority to fix details in execution or enforcement of a
policy set out in law itself.
Kinds:
1. Supplementary or detailed legislation – rules and regulations “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 –rules and regulations construing or interpreting the

provisions of a statute to be enforced and they are binding on all concerned
until they are changed, e.g., BIR Circulars; and
 3. Contingent legislation –rules and regulations made by an administrative
authority on the existence of certain facts or things upon which the
enforcement of the law depends.

Requisites:
1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Reasonable; and
4. Publication.

Requisites for Validity of Administrative Rules With Penal Sanctions:

1.Law itself must declare as punishable the violation of administrative rule or
regulation;
2. Law should define or fix penalty therefor; and
3. Rule/regulation must be published.

Doctrine of Subordinate Legislation –power of administrative agency to

promulgate rules and regulations on matters of their own specialization.

Doctrine of Legislative Approval by Re-enactment –the rules and regulations

promulgated by the proper administrative agency implementing the law are deemed
confirmed and approved by the Legislature when said law was re-enacted by later
legislation or through codification. The Legislature is presumed to have full knowledge
of the contents of the regulations then at the time of re-enactment.
 Distinctions

Quasi-Legislative Quasi- Judicial

Functions Functions

1. Consists of issuance of rules and 1. Refers to its end product called

regulations. order, reward or decision.

2. General applicability. 2. Applies to specific situation.

3. Prospective; it envisages the 3. Present determination of rights,

promulgation of a rule or privileges or duties as of previous
regulation generally applicable in or present time or occurrence.
the future.

Quasi-Judicial or Adjudicatory Power

 Proceedings partake of nature of judicial proceedings. Administrative body
granted authority to promulgate its own rules of procedure.
Administrative Due Process:
1.right to a hearing;
2. tribunal must consider evidence presented;
3.decision must have something to support itself;
4. evidence must be substantial;
5. decision must be based on evidence adduced at hearing or at least
contained in the record and disclosed to parties;
6. board of judges must act on its independent consideration of facts and law
of the case, and not simply accept views of subordinate in arriving at a decision;
and
7. decision must be rendered in such a manner that parties to controversy can
know various issues involved and reason for decision rendered.
 Substantial Evidence –relevant evidence as a reasonable mind might accept
as adequate to support a conclusion.
Administrative Determinations Where Notice and Hearing Not Necessary:
1. summary proceedings of distraint and levy upon property of delinquent
taxpayer;
2. grant of provisional authority for increase rates, or to engage in a particular
line of business;
3. cancellation of passport where no abuse of discretion is committed;
4. summary abatement of nuisance per se which affects safety of persons or
property;
5. preventive suspension of officer or employee pending investigation; and
6. grant or revocation of licenses for permits to operate certain businesses
affecting public order or morals.
Administrative Appeal or Review:
1. where provided by law, appeal from administrative determination may be
made to higher or superior administrative officer or body.
2. by virtue of power of control of President, President himself or through the
Department Head may affirm, modify, alter, or reverse administrative
decision of subordinate.
3. appellate administrative agency may conduct additional hearing in appealed
case, if deemed necessary.

Effect of Expiration of Law –not to deprive an administrative agency of jurisdiction to

enforce the statute as to liabilities incurred while the statute was in force, where a
general saving statute continues such liabilities.

Determinative Powers
1. enabling –permit or allow something which law undertakes to regulate;
2. directing - illustrated by power of assessment of BIR;
3. dispensing -to exempt from general prohibition, or relieve an individual
corporation from an affirmative duty;
4. examining –also called investigatory power; and
5. summary –power to apply compulsion or force against persons or property to
effectuate a legal purpose without judicial warrants to authorize such actions.
Exhaustion of Administrative Remedies

 whenever there is an available administrative remedy provided by law, no

judicial recourse can be made until all such remedies have been availed of and
exhausted.
Doctrine of Prior Resort a. k .a Doctrine of Primary Administrative
Jurisdiction –where there is competence or jurisdiction vested upon administrative
body to act upon a matter, no resort to courts may be made before such administrative
body shall have acted upon the matter.
Doctrine of Finality of Administrative Action –no resort to courts will be allowed
unless administrative actions have been completed and there is nothing left to be done
in administrative structure.
Judicial Relief From Threatened Administrative Action –courts will not render a
decree in advance of administrative action and thereby render such action nugatory. It
is not for the court to stop an administrative officer from performing his statutory duty
for fear he will perform it wrongly.
Effect of Failure to Exhaust Administrative Remedies:
 jurisdiction of court not affected but complaint is vulnerable to dismissal.

Exceptions to the Doctrine:

1. doctrine of qualified political agency; except where law expressly provides
exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of administrative agency;
4. issue involved is purely legal;
5. administrative action is patently illegal, amounting to lack or excess of
jurisdiction;
6. where there is unreasonable delay or official inaction;
7. where there is irreparable injury or threat thereof, unless judicial recourse is
immediately made;
8. in land case, subject matter is private land;
9. where law does not make exhaustion a condition precedent to judicial recourse;
10. where observance of the doctrine will result in nullification of claim;
11. where there are special reasons or circumstances demanding immediate court
action; and
12. when due process of law is clearly violated.
Judicial Review of Administrative Decisions
 When made:
1. To determine constitutionality or validity of any treaty, law, ordinance,
executive order, or regulation;
2. To determine jurisdiction of any administrative board, commission or officer;
3. To determine any other question of law; and
4. To determine question of facts when necessary to determine either:
a. Constitutional or jurisdiction issue;
b. Commission of abuse of authority; and
c. When administrative fact finding body is unduly restricted by an error of
law.
Modes of review:
1. Statutory –those available pursuant to specific statutory provision, therefore,
the manner and extent of which are expressly governed by statutes or rules;
2. non-statutory –those which are not expressly provided for by statutes but
which the courts supply by reason of their inherent power to review such
proceedings upon questions of jurisdiction and questions of law, these questions
being of judicial nature, whether the tribunal was exercising a judicial function
or a purely administrative function;
3. direct proceeding –one designed by law for a review or relief from a judgment
and other proceedings the primary purpose of which is some relief or result other
than a setting aside of the judgment, although an attack on the judgment may
be incidentally involved; and
4. collateral attack –when there is an attempt to question in a subsequent
proceeding the conclusiveness or validity of a prior administrative decision on the
ground that the decision is invalid and void for lack of jurisdiction over the
person, or over the subject matter, or because the determination attacked was
not the act of the body vested with power to make the determination.
Brandies Doctrine of Assimilation of Facts –one purports to be finding of fact but
is so involved with and dependent upon a question of law as to be in substance and
effect a decision on the latter, courts will review the entire case including the latter.
When Findings Of Facts of Administrative Agencies Not Accorded Great Weight by
Courts:
1. Whenever factual findings are not supported by evidence;
2. Where findings are vitiated by fraud, imposition or collusion;
3. Where procedure which led to factual findings is irregular;
4. When palpable errors are committed; and
5. When grave abuse of discretion, arbitrariness or capriciousness is manifested.
 Law on Public Officers

Public Office –right, authority and duty created and conferred by law, by which for a
given period, either fixed by law or enduring at pleasure of creating power, and
individual is vested with some sovereign functions of government to be exercised by
him for benefit of public.
Elements of a Public Office:
1. must be created by law or ordinance authorized by law;
2. must possess sovereign functions of government to be exercised for public
interest;
3. functions must be defined expressly or impliedly by law;
4. functions must be exercised by an officer directly under control of law, not under
that of a superior officer unless they are functions conferred by law upon inferior
officers, who by law, are under control of a superior; and
5. must have some permanency or continuity, not temporary or occasional.
Public Officers –individuals vested with public office.
Classification of Public Officers:
1. Executive, legislative and judicial officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial, municipal officials.
Eligibility and Qualification:
 Two senses:
1. may refer to endowments, qualities or attributes which make an individual
eligible for public office;
2. may refer to act of entering into performance of functions of public office.
Authority to Prescribe Qualifications:
1. when prescribed by Constitution, ordinarily exclusive, except when constitution
itself provides otherwise; or
2. when office created by statute, Congress has generally plenary power to
prescribe qualifications but such must be:
a. germane to purpose of office; and
b. not too specific so as to refer to only one individual.
De facto Officers
A de facto officer is one who has reputation of being officer that he assumes to
be, and yet is not an officer in point of law.
Requisites:
1. validly existing office;
2. actual physical possession of said office; and
3. color of title to office.
 color may be in the form of:
a. by reputation or acquiescence;
b. known or valid appointment or election but officer failed to conform with
legal requirements;
c. known appointment or election but void because of ineligibility of officer or
want of authority of appointing or electing authority or irregularity in
appointment or election not known to public; and
d. known appointment or election pursuant to unconstitutional law before
declaration of unconstitutionality.

Distinctions

De Jure Officer De facto Officer

1. Rests on the right 1.On reputation

2. has lawful right or title to the 2.has possession and performs the
office duties under color of right without
being technically qualified in all points
of law to act

3. cannot be removed in a direct 3.may be ousted in direct proceeding

proceeding against him

Legal Effects of Acts:

 valid insofar as they affect the public.
Entitlement to Salaries
General Rule: rightful incumbent may recover from de facto officer salary received by
latter during time of wrongful tenure even though latter is in good faith and under color
of title.
Exception: when there is no de jure public officer, de facto officer entitled to salaries for
period when he actually discharged functions.
Commencement of Official Relations
1. by appointment; or
2. by election.
Rules:
1. Where the statute fixes a period within which a chosen officer may
arrange his affairs and qualify for the office in a prescribed manner, his
term begins upon qualification;
2. Where no time is fixed by law for the commencement of his official term,
it begins from the date of appointment in cases of an appointive office, or
from the date of election, in case of an elective office;
3. Where the law fixing the term of a public office is ambiguous, the one that
fixes the term at the shortest period should be followed;
4. Where both the duration of the term of office and the time of its
commencement or termination are fixed by constitutional or statutory
provision, a person elected or appointed to fill the vacancy in such office
shall hold the same only for the unexpired portion of the term;
5. Where only the duration of the term is fixed but no time is established for
the beginning of end of the term, the persons selected to fill the vacancy
in such office may serve the full term and not merely the unexpired
balance of the prior incumbent’s term; and
6. Where an office is created, or an officer is appointed, for the purpose of
performing a single act or the accomplishment of a given result, the office
terminates and the officer’s authority ceases with the accomplishment of
the purposes which called it into being.
Appointment
 selection, by authority vested with power, of individual who is to perform
functions of a given office.
Commission –written evidence of appointment.
Designation –imposition of additional duties, usually by law, on a person already in
public office.
Classification of Appointments:
1. permanent –extended to person possessing requisite qualifications for the
position and thus enjoys security of tenure;
2. temporary –acting appointment;
3. regular –made by President while Congress is in session and becomes effective
after nomination is confirmed by CA and continues until end of term; and
4. ad interim –made while Congress not in session, before confirmation, is
immediately effective, and ceases to be valid if disapproved or bypassed by CA
upon next adjournment of Congress.
Nepotism –all appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including GOCC, made in favor
of a relative of the appointing or recommending authority or of the chief of the bureau
or office or the persons exercising immediate supervision over him. Prohibited.
Relative –those related within the 3rd degree either of consanguinity or affinity.
Vacancy –when an office is empty and without a legally qualified incumbent appointed
or elected to it with a lawful right to exercise its powers and perform its duties.

Classification:
1. original –when an office is created and no one has been appointed to fill
it;
2. constructive –when the incumbent has no legal right or claim to continue
in office and can be legally replaced by another functionary;
3. accidental –when the incumbent having died, resigned, or been removed,
there is no one in esse discharging the duties of the office; and
4. absolute –when the term of an incumbent having expired and the latter
not having held over, no successor is in being who is legally qualified to
assume the office.
Powers and Duties of Public Officers
1. Ministerial –discharge is imperative and requires neither judgment nor
discretion, mandamus will lie; and
2. Discretionary–imposed by law wherein officer has right to decide how and
when duty shall be performed, mandamus will not lie.
 Judgment –judicial function, the determination of a question of law. There is
only one way to be right.
  Discretion –the faculty conferred upon a court or other officer by which he may
decide the question either way and still be right. But discretion as exercised, is
limited to the evident purpose of the act.
Liability of Public Officers
General rule: not liable for injuries sustained by another as a consequence of official
acts done within the scope of his authority, except as otherwise provided by law.
Exceptions:
1. Statutory liability, Arts. 27, 32 and 34 of Civil Code;
2. Liability on contracts; and
3. Liability for tort.
Threefold Liability Rule –wrongful acts or omissions of public officer may give rise to
civil, criminal, and administrative liability.
Liability of Ministerial Officers:
1. Non-feasance –neglect or refusal to perform an act which is officer’s legal
obligation to perform;
2. Misfeasance –failure to use that degree of care, skill and diligence required in
the performance of official duty; and
3. Malfeasance –doing, through ignorance, inattention or malice, of an act which
he had no legal right to perform.
Threefold Responsibility of Public Officers ( for violation of duty or wrongful act or
omission ):
1. If the individual is damaged by such violation, the official shall, in some cases be
held liable civilly to reimburse the injured party;
2. If the law has attached a penal sanction, the officer may be punished criminally;
and
3. If the administration disciplinary power is strong, such violation may lead to
reprimand, suspension or removal from office as the case may be.
Doctrine of Command Responsibility
 Superior officer is liable for acts of subordinate when:
1. he negligently or willfully employs or retains unfit or incompetent subordinates;
2. he negligently or willfully fails to require subordinate to conform to prescribed
regulations;
3. he negligently or carelessly oversees business of office as to furnish subordinate
an opportunity for default;
4. he directed or authorized or cooperated in the wrong; or
 5. law makes him expressly liable.
General Prohibitions on Public Officers:
1. Partisan political activity –No officer or employee of the Civil Service shall engage,
directly or indirectly, in any electioneering or partisan political campaign. The Civil
Service Law prohibits engaging directly or indirectly in any partisan political activity or
take part in any election except to vote, or use official authority or influence to coerce
the political activity of any person or body.
 Does not prevent expression of views on current political problems or issues, or
mention the names of candidates for public office public officer
 Does not apply to those holding political offices, but it shall be unlawful for them
to solicit contributions from their subordinates or subject them to any of the acts
involving subordinates prohibited in the Election Code.
 Members of the Cabinet are exempt from this prohibition.
 Only active members of the AFP, not those of the reserved force, are covered by
the prohibition.
2. Additional or double compensation –no elective or appointive public officer or
employee shall receive additional, double, or indirect compensation, unless specifically
authorized by law, emolument, office or title of any kind from any foreign government.
But pensions or gratuities shall not be considered as additional, double or indirect
compensation.
3. Limitations on Laborers –shall not be assigned to perform clerical duties.
4. Detail or Reassignment –no detail or reassignment shall be made within 3 months
before any election without the approval of the Comelec.
5. Nepotism.
Right to Public Officers
1. Right to office –just and legal claim to exercise powers and responsibilities of the
public office.
Term –period during which officer may claim to hold office as a right.
Tenure –period during which officer actually holds office.
2. Right to salary
Basis: legal title to office and the fact that law attaches compensation to the office.
Salary: compensation provided to be paid to public officer for his services.
 Preventive suspension: public officer not entitled during period of PS, but upon
exoneration and reinstatement he must be paid full salaries and emoluments during
such period.
 Forms of compensation :
1. salary –personal compensation to be paid to public officer for his services, and
it is generally a fixed annual or periodical payment depending on the time and not
on the amount of the services he may render;
2. per diem –allowance for days actually spent in the performance of official
duties;
3. honorarium –something given not as a matter of obligation, but in appreciation
for services rendered; a voluntary donation in consideration for services which
admit no compensation of money;
4. fee –payment for services rendered or on commission on moneys officially
passing through their hands. A maximum sum may be fixed beyond which the
officer is not to receive any emolument;
5. emoluments –profits arising from the office, received as compensation for
services or which is annexed to the office as salary, fees, or perquisites.
3. Right to preference in promotion
Promotion –movement from one position to another with increase in duties and
responsibilities as authorized by law and usually accompanied by an increase in pay.
Next-in-Rank Rule –the person next in rank shall be given preference in promotion
when the position immediately above his is vacated. But the appointing authority still
exercises discretion and is not bound by this rule, although he is required to specify
the special reason or reasons for not appointing the officer next in rank.
Automatic Reversion Rule –all appointments involved in a chain of promotions
must be submitted simultaneously for approval by the Commission, the disapproval
of the appointment of a person proposed to a higher position invalidates the
promotion of those in the lower positions and automatically restores them to their
former positions. The affected persons are entitled to payment of salaries for services
actually rendered at a rate fixed in their promotional appointments.
4. Right to vacation leave and sick leave with pay;
5. Right to maternity leave;
6. Right to pension and gratuity;
 Pension –regular allowance paid to an individual or group of individuals by the
government in consideration of services rendered or in recognition of merit, civil or
military.
Gratuity –a donation and an act of pure liberality on the part of the State.
7. Right to retirement pay;
8. Right to reimbursement for expenses incurred in performance of duty;
9. Right to be indemnified against any liability which they may incur in bona fide
discharge of duties; and
10. Right to longevity pay.
Termination of Official Relationship
Modes of Termination:
1. Expiration of term or tenure;
2. Reaching the age limit;
3. Resignation;
4. Recall;
5. Removal;
6. Abandonment;
7. Acceptance of incompatible office;
8. Abolition of office;
9. Prescription of right to office (within one year after the cause of ouster or the right to
hold such office or position arose);
10. Impeachment;
11. Death;
12. Failure to assume elective office within 6 months from proclamation;
13. Conviction of a crime; and
14. Filing of a certificate of candidacy.
When public officer holds office at pleasure of appointing power, his replacement
amounts to expiration of his term, not removal.
Principle of Hold-Over –if no express or implied Constitutional or statutory provision
to the country, public officer is entitled to hold office until successor has been chosen
and shall have qualified. Purpose: to prevent hiatus in public office. But subject to
Art. 237 of RPC.
Retirement
1. Members of judiciary: 70 years of age;
2. Other government officers and employee: 65 years of age;
3. Optional retirement age: after rendition of minimum number of years of service.

Resignation
Accepting authority:
1. To competent authority provided by law;
2. If law is silent and public officer is appointed, tender to appointing officer;
3. If law is silent and public officer is elected, tender to officer authorized by law to
call election to fill vacancy:
a. President and Vice- President –Congress;
b. Members of Congress –respective Chambers;
c. Governors, Vice-Governor, Mayors and Vice-mayors of HUC’s and independent
component cities –President;
d. Municipal Mayors and Vice-mayors/City Mayors and vice-mayors of component
cities –Provincial Governor;
e. Sanggunian members –Sanggunian concerned; or
f. Elective barangay officials –Municipal or City Mayor.
Recall –termination of official relationship for loss of confidence prior to expiration of
his term through will of the people.
Limitations on Recall:
1. any elective local official may be subject of a recall election only once during his term
of office for loss of confidence; and
2. no recall shall take place within 1 year from date of the official’s assumption to office
or 1 year immediately preceding a regular local election.