Administrative Law
Branch of Public law which deals with the
activities of the executive branch, acting in
a quasi-legislative or quasi-judicial capacity
Agency
Offices tasked to exercise some
governmental functions
Administrative power or function
Involves 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 or such as are
devolved upon the administrative agency by
the organic law of its existence.
Powers of administrative agencies
1. Discretionary – The law imposes a duty
upon a public officer, and gives him the
right to decide how or when the duty shall
be performed; and
2. Ministerial – One which is as clear and
specific as to leave no room for the
Quasi Legislative or Rule-making Power
Power conferred by the legislative to adopt
rules and regulations intended to carry out
the provisions of a law and implement
legislative policy; executive branch were
able to make circulars and memorandums
which are legislative in nature
Kinds of Administrative Rules and
Regulation
1. Supplementary or Detailed
Legislation – purpose is to supply
details needed for the proper
implementation of law
2. Interpretative Legislation – tend to
interpret the law.
What are the Requisites for the Validity
of Administrative Rules and
Regulations?
1) The rules and regulations must have
been issued on the authority of law;
2) The rules and regulations must be within
the scope and purview of the law; and
3) Rules and regulations must be
reasonable.
4) Publication in the Official Gazette or
newspaper of general circulation
DELMAR vs. PH VETERANCE
Del Mar served during World War II, he
subsequently obtained an honorable
discharge from the service due to
permanent total physical disability, and the
Philippine Veterans Board granted him a
monthly life pension of P50. However, the
said Board discontinued payment of his
monthly life pension on the ground that his
receipt of a similar pension from the United
States Government, through the United
States Veterans Administration, by reason
of military service rendered in the United
States Army in the Far East during World
War II, precluded him from receiving any
further monthly life pension from the
Philippine Government.
The court ruled that PVA has no authority
to suspend Del Mar’s pension. Republic Act
65, as amended, forbids the PVA to do for it
expressly authorizes only the President of
the Philippines to suspend the operation of
any of its provisions.
METROPOLITAN TRAFFIC COMMAND
WEST TRAFFIC DISTRICT, vs. HON.
ARSENIO M. GONONG
Dante S. David, a lawyer, who claimed
that the rear license plate, of his car was
removed by the Metropolitan Traffic
Command while the vehicle was
parked on Escolta. He questioned the
petitioner's act on the ground not only that
the car was not illegally parked
but, more importantly, that there was no
ordinance or law authorizing such removal.
What are the Requisites for the Validity
of Administrative Regulations with Penal
Sanctions?
1) The law authorizing administrative
authorities to issue rules and regulations
must itself declare as punishable the
violation of rules and regulations issued
under its authority.
2) The law should define or fix the penalty
for the violation of rules and regulations.
3) Publication in the Official Gazette be
made.
In exercise of its Quasi administrative
functions does the other party party
needs to be notified?
No, except when it affects a certain person
CRUZ vs CSC
Chairperson of the Civil Service
Commission (CSC), received a letter from a
private individual, Carmelita B. Esteban,
claiming that, during the examinations for
nonprofessional in the career civil service,
given by the Civil Service Commission, on
July 30, 1989, Zenaida C. Paitim, the
Municipal Treasurer of Norzagaray,
Bulacan, falsely pretending to be the
examinee, Gilda Cruz, a co-employee in the
said office, took the examinations for the
latter.
Respondents moved the case for dismissal
because according to them, they were
deprived of due process since CSC acted
both as complainant and prosecutor
The court held that they were not deprived
of due process because they were given the
opportunity to file answers and defend
themselves.
Can a legislative power delegated to the
executive be further delegated?
GR: A power delegated cannot be further
delegated
Exceptions:
1. When it is authorized by the
Constitution
Ex. Art 6 Sec 23
”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 the
Congress, such powers shall cease
upon the next adjournment thereof.”
Ex. Art 6 Sec 28
“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.”
2. Delegation to Local Government
Unit
Ex. Police Power and Eminent
Domain
3. Powers delegated to
people/sovereign
Ex. Initiative and Referendum
4. Delegation to Administrative Bodies
Ex. DFA
No undue delegation of powers as long as
the legislature
1. Lays down a policy
2. Provides a standard by which an
administrative body may be guided
Test/Requisitesfor a valid delegation of
quasi-legislative or rule-making power
1. Completeness Test – a law must be
complete in all its terms and
provisions when it leaves the
legislative branch of government
and nothing is left to the judgment
of others, or other appointee but to
implement it.
2. Sufficient Standard Test – Statute
must set out the guidelines and
limitations, and map out the
boundaries of the agency’s authority
to which it must conform.
How would you know if a law meet
the Sufficient Standard Test
The law must contain the legal
principles

Doctrine of Necessary Implication
Even though the law does not expressly
confer such power, if it is necessary to carry
out the objective of the express power, then
it may be included.
YNOT vs. IAC
Petitioner questioned the validity of
Executive Order No. 626-A, prohibiting the
interprovincial movement of carabaos and
the slaughtering of carabaos.
What made it controversial is the fact that
confiscated carabaos shall be disposed by
the meat inspector and animal industry as
they may see fit, which gives wide latitude
to the 2 agencies
The court held that there is an invalid
delegation of power. The phrase "may see
fit" is an extremely generous and dangerous
condition, if condition it is. It is laden with
perilous opportunities for partiality and
abuse, and even corruption. Their options
are apparently boundless. There is here a
"roving commission," a wide and sweeping
authority that is not "canalized within
banks that keep it from overflowing," in
short, a clearly profligate and therefore
invalid delegation of legislative powers.
EASTERN SHIPPING vs. POEA
Vitaliano Saco was Chief Officer of the M/V
Eastern Polaris who was killed in an
accident in Tokyo, Japan. His widow sued
for damages under Executive Order No. 797
and Memorandum Circular No. 2 of the
POEA. The petitioner, as owner of the
vessel, argued that the complaint was
cognizable not by the POEA but by the
Social Security System because SACO was
not an employee and should have been filed
against the State Insurance Fund.
The court held that POEA has jurisdiction.
Sufficient standard test was observed
because under EO797, it was intended to
protect the interest and welfare of the
OFWs.
BOIE-TAKEDA vs. DELA SERNA
A routine inspection was conducted in the
premises of petitioner Boie-Takeda
Chemicals, Inc. by Labor and Development
Officer Reynaldo B. Ramos. Finding that
Boie-Takeda had not been including the
commissions earned by its medical
representatives in the computation of their
13th month pay, Ramos served a Notice of
Inspection Results on Boie-
Takeda through its president, Mr. Benito
Araneta, requiring Boie-Takeda within ten
(10) calendar days from notice to effect
restitution or correction of "the
underpayment of 13th month pay.
Sec Drilon made a regulation including
commissions as part of the basic pay in so
far as the computations of the 13th month
pay.
The court held that there is no valid
delegation of power. It is a fundamental
rule that implementing rules cannot add to
or detract from the provisions of the law it
is designed to implement. Administrative
regulations adopted under legislative
authority by a particular department must
be in harmony with the provisions of the
law they are intended to carry into effect.
They cannot widen its scope. An
administrative agency cannot amend an act
of Congress.
Quasi-Judicial Power
Power of administrative bodies to hear and
try cases within their jurisdiction as
prescribed by the law
What are the limitations in the
delegation of judicial power to the
administrative agency?
1. It cannot hear cases that are under
the jurisdiction of the courts
2. It should not leave any doubt to the
delegate. The legislature must state
its intention in express terms that
would leave no doubt,
Determinative Powers vs. Summary
Power
Determinative Power – taking and
evaluation of facts and evidence; requires
notice and hearing
o Enabling power - Permits the doing
of an act which the law undertakes
to regulate and which would be
unlawful without governmental
orders. The grant or denial of permit
or authorization.
o Directing power - Orders the doing
or performing of particular acts to
ensure the compliance with the law
and are often exercised for corrective
purposes.
Under Directing are:
o Dispensing - Exempt from or
relax a general prohibition,
or authority to relieve from
an affirmative duty.
o Examining - This is also
called as inquisitorial power.
Requires production of
books, papers, etc., and the
attendance of witnesses and
compelling the testimony.
Summary Power – power to apply
compulsion or force without need of prior
judicial confirmation; no hearing
The exercised of these quasi-judicial
power may be in 2 ways:
1. Adversarial – hearing must be held
and both parties must be present
2. Ex-Parte – presentation of evidence
without need of the other party
because of the need for urgent and
compelling reason that requires
immediate actions
Jurisdiction
Power or authority of a court to hear, try
and decide cases. The ff. are the kinds of
jurisdiction:
1. General – jurisdiction which extends
to all controversies that may be
brought before the court
2. Limited or special jurisdiction –
confined to particular cases and
exercised only under limitations and
circumstances.
Doctrine of Finality of Administrative
Decisions
Once a decision becomes final and
executory, it is removed from the power and
jurisdiction of the court which rendered it
to further alter or amend it, much less
revoke it.
Doctrine of Exhaustion of Administrative
Remedies
It calls for resorting first to the appropriate
administrative authorities in the resolution
of a controversy falling under their
jurisdiction and must first be appealed to
the administrative superiors up to the
highest level before the same may be
elevated to the courts of justice for review.
Doctrine of Primary Jurisdiction or
Doctrine of Prior Resort
Under the principle of primary jurisdiction,
courts cannot or will not determine a
controversy involving question within the
jurisdiction of an administrative body
“Doctrine of Qualified Political Agency”
or “Alter Ego Principle” (2014, 2015 Bar)
The acts of the secretaries of the Executive
departments performed and promulgated in
the regular course of business are
presumptively the acts of the Chief
Executive
Due Process in Administrative
Proceedings
The essence of due process in
administrative proceedings is the
opportunity to explain one’s side or seek a
reconsideration of the action or ruling
complained of. As long as the parties are
given the opportunity to be heard before
judgment is rendered, the demands of due
process are sufficiently met. What is
offensive to due process is the denial of the
opportunity to be heard.
Doctrine of Res Judicata
To bar (or preclude) continued litigation of a
case on same issues between the
same parties.
Essential Requisites
The essential requisites for the existence of
res judicata are:
1. the former judgment must be final;
2. it must have been rendered by a
court having jurisdiction of the
subject matter and the parties;
3. it must be a judgment on the merits;
and
4. there must be, between the first and
second actions: (a) identity of parties
(b) identity of subject matter and (c)
identity of cause of action
Q: The Toll Regulatory Board (TRB) and
PNCC executed the Amendment to the
Supplemental p Operation Agreement
(ASTOA). The ASTOA incorporated the
amendments to cover the design and
construction of Stage 2 of the South
Metro Manila Skyway. The DOTC
Secretary then approved the ASTOA.
Risa Hontiveros assailed the DOTC
Secretary’s approval on the ground that
it could not take the place of the
presidential approval required under P.D.
1113 and P.D. 1894 concerning the
franchise granted to PNCC. Is Risa
Correct?
A: NO. The doctrine of qualified political
agency declares that, save in matters on
which the Constitution or the
circumstances require the President to act
personally, executive and administrative
functions are exercised through executive
departments headed by cabinet secretaries,
whose acts are presumptively the acts of
the President unless disapproved by the
latter. There can be no question that the act
of the secretary is the act of the President,
unless repudiated by the latter. In this
case, approval of the ASTOA by the DOTC
Secretary had the same effect as approval
by the President. The same would be true
even without the issuance of E.O. 497, in
which the President, on 24 January 2006,
specifically delegated to the DOTC Secretary
the authority to approve contracts entered
into by the TRB. Risa’s reliance on P.D.
1113 and P.D. 1894 is misplaced. When we
say that the approval by the DOTC
Secretary in this case was approval by the
President, it was not in connection with the
franchise of PNCC, as required under P.D.
1113 and P.D. 1894. Rather, the approval
was in connection with the powers of the
TRB to enter into contracts on behalf of the
government as provided under Section 3(a)
of P.D. 1112 (Hontiveros-Baraquel v. Toll
Regulatory Board, G.R. No. 181293,
February 23, 2015).
Q: Atty. Alcantara questioned R.A. 9337
which authorizes the President, upon
recommendation of the Secretary of
Finance, to raise the VAT rate to 12%.
Atty. Alcantara argues that said law is
unconstitutional since the law
effectively nullified the President’s
power of control over the Secretary of
Finance by mandating the raising of the
VAT rate upon the latter’s
recommendation. Is Atty. Alcantara
correct?
A: NO. In making his recommendation to
the President, the Secretary of Finance is
not acting as the alter ego of the President
or even her subordinate. In such instance,
he is not subject to the power of control and
direction of the President. He is acting as
the agent of the legislative department, to
determine and declare the event upon
which its expressed will is to take effect.
The Secretary of Finance becomes the
means or tool by which legislative policy is
determined and implemented, considering
that he possesses all the facilities to gather
data and information and has a much
broader perspective to properly evaluate
them. Thus, being the agent of Congress
and not of the President, the President
cannot alter or modify or nullify, or set
aside the findings of the Secretary of
Finance and to substitute the judgment of
the former for that of the latter(ABAKADA v.
Exec. Sec., G.R. No. 168056, September 1,
2005).