“CAVEAT LECTOR”

ADMIN MIDTERMS REVIEWER

CHAPTER 1.INTRODUCTORY

ADMINISTRATIVE LAW

 Branch of public law which fixes the organization and determines the competence of
administrative authorities and indicates to the individual remedies for the violation
of his rights
 Embraces all the law that controls, or is intended to control, the administrative
operations of government.
 Consists of pertinent provisions of the Constitution, special legislations creating
specialized agencies, the 1987 Administrative Code, and provisions of the Revised
Administrative Code which are not inconsistent with those of the 1987.

Administrative Functions – Those which involve the regulation and control over the
conduct and affairs of individuals for their own welfare and the promulgation of rules and
regulations to better carry out the policy of the legislature.

Kinds of Administrative Law

a) Statutes setting up administrative authorities

b) Body of doctrines and decisions dealing with the creation, operation, and effect of
determinations and regulations of such administrative authorities
c) Rules, regulations, or orders of such administrative authorities in pursuance of the
purposes for which administrative authorities were created or endowed
d) Determinations, decisions, and orders of such administrative authorities in the
settlement of controversies arising in their particular fields.

Administration

As a function: the execution, in non-judicial matters, of the law or will of the State
as expressed by competent authority.

As an organization: aggregate of those persons in whose hand the reins of

government are for the time being.

Kinds of Administration:

a) Internal – legal side of public administration(i.e. matters concerning

personnel, fiscal and planning activities)
 b) External – deals with problems of government regulations (i.e. regulation
of lawful calling or profession, industries or business)

Government of the Republic of the Philippines – corporate governmental entity through

which, the functions of government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms through which political
authority is made effective in the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay subdivisions or other forms of local
government.

Agency – any various units of Gov’t., including a department, bureau, office,

instrumentality, or government owned or controlled corporation, or a local government or
distinct unit therein.

Instrumentality – refers to any agency of the National 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.

NOTE: Agencies or Instrumentalities of the Government are either incorporated or non-

incorporated.

 Incorporated – (stock or non-stock) vested by law with a juridical personality

distinct from the personality of the Republic. (i.e. National Power Corporation,
Philippine Ports Authority, National Housing Authority, Philippine National Oil
Company, etc.)
 Expiration of Term – has consequence which must be looked for in the
charter of the agency and, as supplement, in the provisions of the
Corporation Code.
 Non-incorporated – not vested with juridical personality distinct from the
Republic, endowed by law with some if not all corporate powers. (i.e. Sugar
Regulatory Administration – neither government owned or controlled but under
Office of the President)
 Expiration of Term – powers, duties and functions as well as assets and
liabilities of that agency revert back to, and are re-assumed by, the Republic
of the Philippines, in the absence of special provisions of law specifying some
other disposition thereof.
Chartered institution – any agency organized under a specific charter; vested by law with
functions relating to specific constitutional policies or objectives.(i.e. state universities and
colleges, monetary authority of the state)

Public office

 Right, authority and duty conferred by law, by which an individual is invested with
some portion of the sovereign functions of government to be exercised by that
individual for the benefit of the public.
 Is a public trust or responsibility, and embraces the idea of term, duration,
emoluments, powers and duties.
 Created by:
a) Constitution;
b) Legislative Enactment; and
c) Authority of Law (an officer or tribunal to which the power to create the
office has been delegated by the legislature.)

Offices established by the Constitution:

1) Office of the President

2) Constitutional Commissions
a. COMELEC
b. Civil Service Commission
c. Commission on Audit
d. Office of the Ombudsman
e. National Economic and Development Authority
f. Commission on Human Rights
g. National Police Commission
h. National Police Commission

NOTE: All other offices are established by the Legislative and if it sees fit, may abolish the
same.

Reorganization
  Process of restructuring the bureaucracy’s organizational and functional set-up, to
make it more viable in terms of economy, efficiency, effectiveness and make it more
responsive to the needs of its public clientele as authorized by law.
 Means used by the legislature to reorganize or abolish offices, which it may do so by
law directly or indirectly by authorizing an executive department or agency to
reorganize its office.

Reasons for creation of specialized administrative agencies:

1) To unclog court dockets;

2) To meet the growing complexities of modern society;
3) To help in the regulation of ramified activities of a developing country; and
4) To entrust to specialized agencies the task of dealing with problems thereof as they
have the experience, expertise to provide solutions thereto.

Chapter 2.POWERS OF ADMINISTRATIVE BODIES

Doctrine of Separation of Powers and System of Checks and Balances

 Basic corollary principles of the allocation of powers into legislative, executive and
judiciary.
 Designed to prevent concentration of powers.
 GR: prohibits delegation of power.
 XPN: Not an iron-clad restricition.

1) Quasi-legislative/Rule Making power

a. Enables them to promulgate Rules and Regulations which results in
delegated legislation that is within the confines of the granting statute and
the doctrine of non-delegability and separation of powers.(Holy Spirit
Homeowners Assoc. vs. Sec. Defensor)
b. Authority to fix the details in the execution or enforcement of a policy set out
in the law itself.
c. Must conform and not override or modify existing laws.
2) Quasi-judicial /Adjudicatory power
a. Enables them to interpret and apply the Rules and Regulations.
b. Requisites of procedural/administrative due process must be complied with.
i. Right to a hearing;
 ii.
Right to present evidence;
iii.
Decision must have something to support itself;
iv.
Evidence must be substantial; and
v.
Decision must be based on the evidence adduced at the hearing. (Ang
Tibay vs. CIR)
3) Determinative powers
a. To permit something which the law undertakes to regulate(i.e. grant of
licenses)
b. Direction(i.e. power of assessment by BIR or Bureau of Customs)
c. Dispensation: to exempt from a general prohibition; relieve and individual or
corporation from an affirmative duty.

POWERS OF EXECUTIVE OR ADMINISTRATIVE AGENCIES OR OFFICIALS

EXPRESS AND IMPLIED POWERS

 An administrative officer has only such powers as are expressly granted to him and
those necessarily implied in the exercise thereof.
 Need not be expressed. (Doctrine of Necessary implication)

NOTE: Administrative Agencies cannot grant itself with jurisdiction by issuing Rules and
Regulations, where the enabling statute does not. If the law is clear as to its scope, cannot
include those not conferred.

MINISTERIAL AND DISCRETIONARY

Ministerial power

 One which is so clear and specific as to leave no room for the 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 judgment, upon the propriety or impropriety of the act done.

NOTE: REMEDY: MANDAMUS

Discretionary power

 One wherein the law imposes a duty upon a public officer and gives him the right to
decide how or when the duty shall be performed.
  That which by its nature requires the exercise of judgment.
 GR: Cannot be delegated. Reason: he was chosen because he was deemed fit and
competent to exercise that judgment and discretion.
 XPN: Unless the power to substitute another in his place has been given to him, he
cannot delegate his duties to another.

NOTE: REMEDY: CERTIORARI

Discretion

 Faculty conferred upon an official by which he may decide a question either way and
still be right.
 Power or right conferred upon them by law of acting, under certain circumstances,
uncontrolled by the judgment or conscience of another.

MANDATORY AND PERMISSIVE(DIRECTORY) DUTIES AND POWERS

Mandatory Statute

 Statute which commands positively that something be done, or performed in a

particular way, or negatively that something not be done, leaving the person
concerned no choice on the matter but to obey.
 One that contains words of command or of prohibition, the omission to follow which
renders the proceeding to which it relates illegal and void, or the violation of which
makes the decision therein rendered invalid.

Directory Statute

 Statute which is permissive or discretionary in nature and merely outlines the act to
be done in such a way that no injury can result from ignoring it or that its purpose
can be accomplished in manner other than that prescribed and substantially the
same result obtained.
 The non-performance of what it prescribes, though constituting in some instances
an irregularity or subjecting the official concerned to disciplinary or administrative
sanction, will not vitiate the proceedings therein taken.

How distinguished? Look at the effect.

If no substantial rights depend on it and no injury can result from ignoring it; and the
purpose of the legislature can be accomplished in a manner other than that prescribed and
substantially the same results obtained, then it is DIRECTORY.
Errors in exercise of powers - mistakes of government personnel in the performance of
their duties should not affect public interest. If the mistake or error causes prejudice to
another and it is done in bad faith or beyond the scope of his authority, he alone is liable
therefore and he cannot invoke the non-suability of the state as a defense against his
personal liability.

Presumption of Regularity – acts done in the performance of official duties are protected
by the presumption of good faith, and even mistakes committed by such public officers are
not actionable as long as it is not shown that they were motivated by malice or gross
negligence amounting to bad faith.

Chapter 3.POWER OF CONTROL, SUPERVISION AND INVESTIGATION

Executive power of the President

President

 Chief Administrative Officer of the Government

 Has that position by reason of his being the Chief Executive and the head of
the Government
 Administrative powers can be implied from his executive power
 Power is not limited to those enumerated under the Constitution
 Executive Power – execute and administer the laws
 Power of Control – nullify, modify judgments of subordinates
 Power of Supervision – oversight function; see that the rules are followed
 Power of Appointment – legislative creates office, but only executive can fill
 Power over Legislation
 Veto Power
 Emergency Power – declaration only
 Commander-in-Chief Powers
 Call out power – armed forces to suppress lawless violence
 Suspension of Writ of Habeas Corpus – (1)rebellion or invasion and
(2)public safety requires it
 Diplomatic Powers – enter into treaties
 Residual Power – protect the general welfare of people; founded on duty of
President as steward of people(Marcos vs. Manglapus)
 Other Powers:
 Pardon
 Amnesty
  Borrowing Power
 Budgetary power
 Informing power

Power of Control

 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, offices of the national
government, as well as to act in lieu of such officers
 All executive and administrative organizations are mere adjuncts of the executive
department

Doctrine of Qualified Political Agency – all executive and administrative organizations

are mere adjuncts of the President, and except in cases where the Chief Executive is
required by the Constitution or by law to act in person or the exigencies of the situation
demand that he act personally, the multifarious executive and administrative functions of
the Chief Executive are performed through the Executive Departments.

By Authority of the President – acts and contracts executed by the Executive Secretary or
Deputy “By authority of the President” are presumed valid and performed in behalf of the
President and should be accorded respect

Power of Control do not include the following:

 Abolition or creation of an executive office

 Suspension or removal of career executive officials or employees without due
process of law
 Setting aside, modification, or supplanting of decisions of quasi-judicial agencies
that have become final pursuant to law or Rules and Regulations

NOTE: GR: Cannot suspend or remove the official without due process of law

XPN: Those officials who merely serve at his pleasure

POWER OF SUPERVISION

 Only overseeing or the power to see that the officials concerned perform their
duties, and if they later fail or neglect to fulfill them, to take such action or steps as
prescribed by law to make them perform their duties.
 Presidential power over local governments is limited by the Constitution to the
exercise of general supervision to ensure that local affairs are administered
according to law. (Taule vs. Santos)
Supervision and Control include only authority to:

 Act directly whenever a specific function is entrusted by law or regulation to a

subordinate
 Direct the performance of duty
 Review, approve, reverse or modify acts and decisions of subordinate officials or
units
 Determine priorities in the execution of plans and programs
 Prescribe standards, guidelines, plans and programs

Administrative Supervision is limited to:

 Generally oversee the operations of such agencies and ensure that they are managed
effectively, efficiently and economically but without interference with day-to-day
activities
 Require the submission of reports and cause the conduct of management audit,
performance evaluation and inspection to determine compliance with policies,
standards and guidelines of the department
 Take such action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other forms of mal-
administration
 Review and pass upon budget proposals of such agencies but may not increase or
add to them

POWER OF INVESTIGATION

 Consists in gathering, organizing, and analyzing evidence, which is a useful aid or

tool in an administrative agency’s performance of its rule-making or quasi judicial
functions.
 President may make investigations, not only in 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, prosecutor, legislative or
judicial nature may be taken.

Notice and Hearing – one of the Cardinal requirements of due process

 The person investigated shall be given notice and accorded the opportunity to be
heard

Sec 64(c), Rev. Administrative Code

 “To order, when in his opinion the good of the public service so requires, an
investigation of any action or the conduct of any person in the Government service,
and in connection therewith to designate the official, committee, or person by whom
such investigation shall be conducted.”

“TEST” whether judicial or investigatory – if the only purpose of the investigation is to

evaluate evidence submitted before it based on facts and circumstances presented to it, and
if the agency is not authorized to make a final pronouncement affecting the parties, then
there is an absence of judicial discretion and judgment.

Chapter IV: QUASI-LEGISLATIVE POWER

Legislative power

- power to make, alter and repeal laws

- Art. VI, Sec 1, 1987 Constitution – vested such power to congress, except to the
extent reserved to the people by the provision on initiative and referendum

GR: Doctrine of separation of powers prohibits delegation of purely legislative power

XPN: Constitution made delegation of legislative power to President and SC

Delegation of legislative power to the President

a) Art VI, Sec 23 (2) – In times of war, or other national emergency, the Congress may,
by law, authorize the President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of Congress, such power
shall cease upon next adjournment thereof
b) Art VI, Sec.28 (2) – The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development program of the
Government
c) Administrative Code of 1987 – Presidential Issuances

Presidential Issuances

- Are those which the President issues in the exercise of his ordinance power
 - Have the force and effect of law
- Includes:
o Executive orders – acts of the President providing for the rules of a general
or permanent character in implementation or execution of constitutional or
statutory powers
o Administrative Orders – acts of the President which relate to particular
aspects of the governmental operations in pursuance of his duties as
administrative head.
o Proclamations – acts of the President fixing a date or declaring a statute or
condition of public moment or interest, upon the existence of which the
operation of a specific law or regulation is made to depend
o Memorandum orders – acts of the President on matters of administrative
detail or of subordinate or temporary interest which only concern a
particular officer or office of the Government
o Memorandum Circulars – acts of the President on matters relating to
internal administration which the 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
o General or Specific Orders – acts and commands of the President in his
capacity as Commander-in-Chief of the Armed Forces of the Philippines

Delegation of Legislative Power to the SC

a) Art VIII, Sec.5 (5) – promulgate rules concerning the protection and enforcement of
constitutional rights, pleadings, practice, and procedure in all courts, the admission
tp the practice of law, the Integrated Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase or modify substantive rights. Rules of procedure of special courts
and quasi judicial bodies shall remain effective unless disapproved by the Supreme
Court
b) Art VI, Sec. 30 – No law shall be passed increasing the appellate jurisdiction of the
Supreme Court as provided in this Constitution without its advice and concurrence

Delegation of Legislative Power to local governments

a) Sec.48, LocGovCode – Local legislative power shall be exercised by:

i. Sangguniang panlalawigan (province)
 Ordinances affecting the province(majority w/quorum)
 Submit governor, approval or veto(15days)
 Repass(2/3 votes)
 ii. Sangguniang panlungsod (city)
 city ordinance(majority w/quorum)
 submitted to city mayor
 approval or veto(10 days)
 Repass vetoed Ordinance(2/3)
 If component city, submit panlalawigan, action(30days)
iii. Sangguniang bayan (municipality)
 municipal ordinance(majority w/quorum)
 submitted to municipal mayor, approve or veto(10 days).
 Override veto(2/3).
 Submit to Panlalawigan, invalidate(whole or in part)(30 days)
iv. Sangguniang barangay (barangay)
 barangay ordinance (majority)
 subject to review by sangguniang bayan or panlungsod
 WON consistent wih law or municipal/city ordinance(30 days).

NOTE: What the Doctrine of Separation of Powers prohibit is delegation of powers

inherently and exclusively legislative. Power to:

a) Declare WON there shall be a law

b) Determine general purpose to be achieved by the law
c) Fix limits within which the law shall operate

RULE

- means any administrative agency statement of general applicability that implements

or interprets a law, fixes and describes the procedures in, or practice requirements
of, an agency not affecting the rights of, or procedure available to, the public.

Rule-making

- agency process for the formulation, amendment, or repeal of a rule.

Rule-making power of Administrative Agencies

- power to issue rules and regulations which result from delegated legislation in the
administrative level.
- XPN to the non-delegation of legislative powers
Quasi-legislative Power Quasi-judicial Act
Power to make rules and regulations Determination of rights, privileges and
which results in delegated duties by an administrative agency
legislation that is within the resulting to a decision or order which
confines of the granting statute and applies to specific situations or to specific
the doctrine of non-delegability and persons or entities
separability of powers
Operates in the future, rather on
past circumstances, and generally,
rather than particularly
Rules and regulations issued are of
general applicability to implement
purely administrative policies and
functions
Does not require notice and hearing Requires Notice and Hearing

Kinds of Rule-making power:

1) Rule-making by reason of particular delegation of authority

a. Power to issue rules and regulations which have the force and effect of law
2) Rule-making by construction and interpretation of a statue being
administered
a. Power of admin agencies to interpret and construe the statutes entrusted to
them for implementation.
b. 3 Kinds of interpretation:
i. Interpretation as incident of the execution of a law;
ii. Interpretation handed down by the SOJ upon request of a gov agency
or officer;
iii. Interpretation in adversary proceedings
3) Determination of facts under a delegated power as to which a statute shall go
into effect.
a. Ascertainment of Facts which will form the basis for the enforcement of a
statute

Delegation of Legislative Power

- Refers to the grant of authority by the legislature to administrative agencies to issue

rules and regulations concerning how the law entrusted to them for implementation
may be enforced.
- To fill in the details which the Congress may not have the opportunity or
competence to provide.
Reasons for the delegation of legislative power

1) Increasing complexity of the task of government

2) growing inability of the legislature to cope directly with the myriad problems
demanding its attention

What cannot be delegated.- Those which is purely legislative in nature

1) power to make the law;

2) determine what the law shall be;
3) alter or repeal it;
4) Power to declare WON there shall be a law
5) To determine the purpose or policy to be achieved by the law
6) Fix the limits within which the law shall operate
7) Determination of legislative policy
8) Formulation and promulgation as a defined and binding rule of conduct

What may be delegated:

1) How law shall be enforced

2) Rules to fill-in details
3) To ascertain facts on which the law will operate
4) To exercise police power
5) To fix rates

NOTE: Has to pass the completeness test and sufficient standard test. (Tatad vs SEC.
DOE)

 COMPLETENESS TEST
o Law must be complete in all its 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.
o WON the provision is sufficiently definite and certain to enable one to know
his rights and obligations.
o A statute may be complete when the subject, manner, and extent of its
operation are stated in it.
 SUFFICIENT STANDARD TEST
o 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.
o WON standard is sufficient or adequate depends upon the nature of the
statute involved
Usual issues on validity of delegation

1) Against the delegating statute itself

a. WON the requisites of valid delegation are present(2 tests)
2) Against the exercise of the delegated power
a. WON rule or regulation conforms with what the statute provides and
whether the same is reasonable

Rules and regulations

- Product of subordinate legislation

- Binding upon executive and admin agencies until set aside
- Must be germane to the objects and purposes of the law
- Implementing rules cannot add to or detract from the provisions of the law they are
intended to carry into effect.
- Must be reasonable. Invalid if no reasonable relation to the purposes for which they
are authorized to be issued

Rules constituting an offense

- Admin bodies may issue regulations penal in nature, if law makes its violation
punishable and provides for its penalty
- Making of an act a crime is purely legislative

When rules take effect

- Sec. 18, Book I, 1987 Admin Code. Laws shall take effect 15 days following the
completion of their publication in the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided.
o Modified Section 2, Civil Code (added newspaper)

Delegation to ascertain facts

 Purpose: Basis to determine when a law may take into effect or WON a law may be
suspended or come to an end, in accordance with the purpose or policy of the law
and the standard for the exercise of the power delegated

XPN to Prohibition against re-delegation

 POTESTAS DELEGATA NON DELEGARI PROTEST.- What has been delegated cannot
be delegated..
o Constitutes right and duty to be performed through his own judgment and
not intervening mind of another.
 o Negates the duty in violation of the trust reposed in the delegate mandated to
discharge it directly
o Particularly applicable in discretionary power
 Rule does not preclude him from utilizing the aid of subordinates to investigate and
report to him.

Delegation of rate-fixing power

 Standard: rate must be reasonable and just

 When Admin Agency fixes rate, must be:
o Non-confiscatory
o Established in the manner prescribed by legislature

Contemporary Construction

 Admin rule or regulation – When it promulgates IRR, it makes a new law, with force
and effect of a valid law
 Interpretation of a law – Merely advisory. It is the courts that finally determine what
the law means.

Executive Construction

3 TYPES:

1) Construction directly called to implement the law

a. Express – Interpretation embodied in a circular, directive or regulation
b. Implied – Mode of enforcement of not applying the statute to certain
situations or applying it in a particular manner
2) Construction by SOJ in his capacity as the chief legal adviser of the Government
a. Form of opinions issued upon request of administrative or executive official
who enforces the law
3) Interpretation handed down in an adversary proceeding in the form of a rule
by an executive officer exercising quasi judicial power.

FORMS OF INTERPRETATION

a) Rules
b) Circulars
 c) Opinions
d) Directives

Administrative practice – any formal or informal act of the administrative agency by

which it construes, interprets or applies the law.

NOTE: Publication not required when rules are merely interpretations of the law or
regulation issued. (Internal rules)

Reasons for weight of contemporaneous construction.- Executive officials are presumed

to have familiarized themselves with all the considerations pertinent to the meaning and
purpose of the law.