ADMINISTRATIVE LAW
Atty. Cristyl Mae B. Senajon
Administrative Law belongs to the field of public law
which includes constitutional law, criminal law, and
international law.
All the laws and policies that regulate or control the
administrative organization and operations of the
government
Administrative Agencies
 An agency which exercises some significant
form or combination of executive, legislative, or
judicial powers (“4th branch”)
 All administrative agencies are public offices
 Include boards, commissions, departments,
bureaus, offices, authorities, government
corporations, government instrumentalities and
local governments
1. Constitution
2. Statutes
3. Judicial decisions
4. Principles of justice and equity
5. Rules, regulations, orders and decisions
The chief concern of administrative law is the
protection of public interest. It is also concerned
with officers and agencies exercising delegated
powers.
Insofar as it fixes or regulates the administrative
organization of the government, administrative law
is the necessary supplement of constitutional law; it
also complements constitutional law insofar as it
determines the rules relative to the activity of the
administrative authorities.
As modern life became more complex, the subjects
of government regulations correspondingly
increased; and so, the legislature had to create
more and more administrative bodies, boards or
tribunals specialized in the particular fields
assigned to them and to which the legislature and
the courts were found not to be equipped to
administer properly and efficiently.
 Many administrative functions could not be
directly performed by Congress (lack of time,
lack of staff, the complexity of the problems)
 Need for organization to dispose of volume of
business and to provide the necessary records
 Need for more effective and flexible preventive
remedies
Pangasinan Transportation v PSC, GR No.
47065
All that has been delegated to the Commission,
therefore, is the administrative function, involving
the use of discretion, to carry out the will of the
National Assembly, having in view, in addition, the
promotion of “public interests in a proper and
suitable manner”.
Accordingly, with the growing complexity of modern
life, the multiplication of the subjects of
governmental regulation, and the increased
difficulty of administering the laws, there is a
constantly growing tendency toward the delegation
of greater powers by the legislature.
The Supreme Court represents one of the three
divisions of power in our government – judicial
power only which is exercised by the Supreme
Court. The Court and its members cannot be
required to exercise any power or to perform any
trust or to assume any duty not connected with the
administering of judicial functions. A board of
adjudicators is not a “court”.
Manila Electric Co. v Pasay Transportation Co.,
GR No. L-37878
Section 11 of Act No, 1446 contravenes the maxims
which guide the operation of a democratic
government constitutionally established, and that it
would be improper and illegal for the members of
the Supreme Court, sitting as a board of arbitrators,
to act on the petition of the Manila Electric
Company.
Noblejas v Tehankee, GR No. L-28790
If the Legislature had really intended to include in
the general grant of “privileges” or “rank and
privileges of Judges of the Court of First Instance”
the right to be investigated by the Supreme Court,
and to be suspended or removed only upon
recommendation of that Court, then such grant of
privileges would be unconstitutional, since it would
violate the fundamental doctrine of separation of
powers, by charging this court with the
administrative function of supervisory control over
executive officials, and simultaneously reducing pro
tanto the control of the Chief Executive over such
officials.
In re: Designation of Justice Manzano, AM No.
88-7-1861-RTC
Administrative functions are 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 or such are
devolved upon the administrative agency by the
organic law of its existence.
Puyat v De Guzman, et al.
There has been an indirect “appearance as counsel
before an administrative body” that is a
circumvention of the Constitutional prohibition. That
which the Constitution directly prohibits may not be
done by indirection or by a general legislative act
which is intended to accomplish the objects
specifically or impliedly prohibited.
Beja v CA, GR No. 97149
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Imposed during the pendency of an administrative
investigation, preventive suspension is not a
penalty in itself. It is merely a precaution so that
employee who is charged may be separated from
the scene of his alleged misfeasance while the
same is being investigated. Thus, preventive
suspension is distinct from the administrative
penalty of removal from office.
Its special nature as a quasi-judicial administrative
body does not exempt it from the observance of
due process in its proceedings.
Lacson-Magallanes v. Paño, GR No. L-27811
The President’s duty to execute the law is of
constitutional origin. So, too, is his control of all
executive departments. Department heads are men
of his confidence. He controls and directs their acts.
Implicit then is his authority to go over, confirm,
modify or reverse the action taken by his
department secretaries.
The Office of the Executive Secretary is an auxiliary
unit which assists the President. The Executive
Secretary who acts for and in behalf and by
authority of the President has an undisputed
jurisdiction to affirm, modify, or even reverse any
order that a Department Secretary may issue.
NATURE & ORGANIZATION OF
ADMINISTRATIVE AGENCIES
 Creation, reorganization and abolition of
administrative agencies
Some administrative agencies (AA) are created by
or receive their powers from constitutional
provisions which may be self-executing, but most of
them have their sources in legislative enactments.
AA of statutory origin – these agencies are subject
to expansion or contraction of their powers and
functions, or to reorganization or abolition at the will
of Congress. At various times, Congress has
vested power in the President to reorganize
executive agencies and redistribute functions.
 AAs represent no private interests of their
own, but functioning on behalf of the
government;
 AAs exercising adjudicatory powers are
judicial bodies in the broad sense;
 As independent or subordinate bodies;
 Some AAs are bodies corporate with legal
capacity to sue and be sued in courts.
 Many AAs are necessarily large;
 AAs specialize;
 A particular AA is charged by Congress with
accomplishing a particular statutory end.
 gratuity, grant, or special privilege;
 Carry on certain functions of government;
 Perform some business service for the
public;
 Regulate businesses affected with public
interest;
 Adjust individual controversies because of
some strong social policy involved
An AA has such powers as are expressly granted to
it by law and are necessarily implied in the exercise
of its express powers.
In the absence of any provision of law, AAs do not
possess the inherent power to punish for contempt.
Unless expressly empowered, AAs are bereft of
quasi-judicial powers.
In general, the jurisdiction of AAs is special and
limited.
Powers of AA as to nature –
 Investigative powers;
 Quasi-legislative/rule-making powers;
 Quasi-judicial/adjudicatory powers
As to degree of subjective choice –
Discretionary or Ministerial
The very essence of a discretionary power is that
the person exercising it may choose which of
several course will be followed.
A ministerial duty is one in which nothing is left to
discretion. It is a simple, definite duty arising under
conditions imposed by law.
Investigatory powers include the power of AAs to
inspect the records and premises and investigate
the activities of persons or entities coming under its
jurisdiction, or to require the disclosure of
information by means of account, records, reports,
statements, testimony of witnesses, production of
documents, or otherwise.
The power to compel a witness to testify will not be
inferred from a grant of authority to summon and
examine witnesses. It must be clearly given by the
statute.
In an administrative proceeding, a respondent has
the option of engaging the service of counsel or
not.
Exclusionary rule in custodial investigation is not
applicable in administrative investigations.
 DOTC v. Mababalot (GR No. 138200, 2002)
The President – through his duly constituted
political agent and alter ego may legally and validly
decree the reorganization of the Department.
A public office may be created through any of the
following mode, either (1) by the Constitution, (2) by
law or (3) by authority of law.
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Congress has vested in the President to reorganize
executive agencies and redistribute functions.
 Eugenio v. CSC (GR No. 115863, 1995)
The Career Executive Service Board was created
in the P.D. No. 1 in 1974. As such, it can only be
abolished by the legislature.
The creation of public offices is primarily a
legislative function. The legislature may decide for
itself what offices are suitable, necessary, or
convenient.
 Larin v. ES (GR No. 112745, 1997)
The position of Assistant Commissioner of the BIR
is part of the Career Executive Service. Under the
law, CES officers are all appointed by the
President. Being a presidential appointee, he
comes under the disciplining authority of the
President. “The power to remove is inherent in the
power to appoint.”
Administrative Code of 1987: Career Service is
characterized by the existence of security of tenure.
CES officers may be removed only for any of the
cause enumerated in said law and in accordance
with procedural due processes.
Reorganization is regarded as valid when pursued
in good faith – for the purpose of economy or to
make bureaucracy more efficient. If done for
political reasons or purposely to defeat security of
tenure, no valid abolition takes place and the same
is void ab initio.
 PASE v Torres (GR No. 101279, 1992)
The vesture of quasi-legislative and quasi-judicial
powers in administrative bodies is not
unconstitutional, unreasonable and oppressive. It
has been necessitated by the “growing complexity
of the modern society”.
 Aniceto v. CA (GR No. 113219, 1995)
MOWAD is a quasi-public corporation created
pursuant to the Water Utilities Act of 1973.
Employees of GOCCs with original charter fall
under the jurisdiction of the CSC.
 Carino v. Capulong
As a rule, mandamus will lie only to compel an
officer to perform a ministerial duty but not a
discretionary function. A ministerial duty is one
which is so clear and specific as to leave no room
for the exercise of discretion in its performance. A
discretionary duty is that which by nature requires
the exercise of judgment.
 Carpio v. ES (GR No. 96409, 1992)
The presidential power of control over the executive
branch of government extends over all executive
officers from Cabinet Secretary to the lowliest clerk.
Doctrine of Qualified Political Agency – all
executive and administrative organizations are
adjuncts of the Executive Department, the heads of
the various executive departments are assistants
and agents of the Chief Executive, the multifarious
executive and administrative functions of the Chief
Executive are performed by and through the
executive departments, and the acts of the
Secretaries are presumptively the acts of the Chief
Executive.
RULE-MAKING POWERS
AA are endowed with powers legislative in nature or
quasi-legislative (to make rules and regulations),
and in practical effect, with the power to make law.
The statutory grant of rule-making power of AA is a
valid exception to the rule on non-delegation of
legislative power provided two conditions concur:
 The statute is complete in itself, setting forth
the policy to be executed by the agency;
and
 Said statute fixes a standard, mapping out
the boundaries of the agency’s authority to
which it must conform.
 A valid rule or regulation duly promulgated by an
AA has the force and effect of law and is binding
on the agency and on all those dealing with the
agency.
Rules and regulations issued by an AA operate
prospectively.
 AAs may not make rules and regulations which
are inconsistent with the provisions of the
Constitution or a statute.
LEGISLATIVE RULES &REGULATIONS
 Are a form of subordinate legislation which can
be issued only in virtue of statutory delegation
INTERPRETATIVE RULES & ADJUDICATION
 They explain or clarify the statute being
administered, to say what it means.
 They are at best advisory for it is the courts that
finally determine what the law means, and they
will be set aside or ignored if judicially found
erroneous.
 No vested right can be acquired on a wrong
construction of the law by administrative officials
and such wrong interpretation does not place
the government in estoppel to correct or overrule
the same.
CONTIGENT RULES & REGULATIONS
 Congress may provide that a law shall take
effect upon the happening of future specified
contingencies leaving to some other person or
body the power to determine when the specified
contingency has arisen.
REQUISITES FOR VALIDITY OF
ADMINISTRATIVE RULES & REGULATIONS
(RR)
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• The RRs must have been issued on
authority of the law;
• They must not be contrary to law and the
Constitution;
• They must be promulgated in accordance
with the prescribed procedure;
• They must be reasonable.
REQUIREMENT OF REASONABLENESS
• Bear reasonable relation to the purpose
sought to be accomplished;
• Supported by good reasons;
• Free from constitutional infirmities or charge
of arbitrariness
 A liberal interpretation of the RRs of an AA is
justified in cases where their rigid enforcement
will result in a deprivation of legal rights.
PENAL RULES & REGULATIONS
 AAs have the authority to issue administrative
regulations which are penal in nature where the
delegating statute itself makes the violation of
the administrative regulations punishable and
provides for its penalty.
REQUISITES
• The law which authorizes the promulgation
of RRs must itself provide for the imposition
of a penalty for their violation;
• It must fix or define such penalty;
• The violation for which the RRs impose a
penalty must be punishable or made a
crime under the law itself; and
• The RRs must be published in the Official
Gazette.
 A person who relies in good faith on an agency
rule should be held harmless from loss if that
rule is later held invalid or is amended. The new
rule may be enforced prospectively but it may
not be applied retrospectively to period during
which the old rule was in effect, if such
retrospective application would be detrimental to
the interests of persons who had relied on the
superseded rule.
ADJUDICATORY POWERS
 The power of an AA to hear and determine, or
ascertain facts and decide by the application of
rules to the ascertained facts.
 Grant of such power must be found in the law
itself
 The extent to which an AA may exercise such
powers depend largely on the provisions of the
statute creating such agency.
 General policy of the courts to sustain the
decisions of administrative authorities based on
the doctrine of separation of powers and
presumed expertise in the law they are
entrusted to enforce.
 Licensing, enabling or approving (license,
permit, franchise or CPC) – quasi-judicial
 Fixing rates and charges – either a legislative or
an adjudicative function
• Where the rules/rates laid down are meant
to apply to all enterprises of a given kind
throughout the country – legislative
character; prior notice and hearing not
required
• Where the rules and the rates imposed
apply exclusively to a particular party, based
on a finding of fact – quasi-judicial; prior
notice and hearing are essential to the
validity of such rates
ADMINISTRTATIVE PROCEEDINGS
CHARACTER OF PROCEEDINGS
• Adversary in nature – if it may result in an
order in favor of one person against
another; the primary purpose of the agency
is to protect the public interests.
• Quasi-judicial in nature – involves the
evaluation of evidence, determination of
facts and rendering an order or decision
Jurisdiction – the power given by law to hear and
decide a case.
• It is essential to give validity to the
determinations of AAs.
• Their jurisdiction is dependent entirely upon
the terms of the statues reposing power in
them, and they cannot confer jurisdiction on
themselves. Cannot be based upon
agreement, contract, or consent of parties.
Exception: active participation of a party in a
case pending before a court of quasi-judicial
body
PROCEDURE TO BE FOLLOWED
• Statute – the procedure may be prescribed
in the statute creating the agency or in the
rules promulgated by the agency by
authority of law.
• Reasonable method – technical rules of
procedure and evidence are not binding.
DUE PROCESS OF LAW IN ADMINISTRATIVE
ADJUDICATION
• The right to due process is a constitutional
right. It must be observed in judicial as well
as administrative proceedings to every case
which may deprive a person of life, liberty,
or property.
• The essence of procedural due process is
the opportunity to explain one’s side or to
seek reconsideration of the ruling
complained of.
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Notice and hearing are essential only when an
administrative body exercises its quasi-judicial
function. In the performance of its executive or
legislative functions, an AA need not comply with
the requirements of notice and hearing.
 Ramos v. Ramos
There is nothing in the EO of the Mayor creating
the Committee about the grant of power to
subpoena witnesses to appear before it and to ask
for their punishment in case of refusal, except the
power to investigation anomalies involving certain
city employees. There is no merit in petitioner’s
argument that a delegation of such power to
investigation implies also a delegation of the power
to take testimony or evidence of witnesses.
 Pelaez v. Auditor General
Although Congress may delegate to another branch
of the Government the power to fill in the details in
the execution or administration of a law, it is
essential that said law: (a) be complete in itself – it
must set forth therein the policy to be executed,
carried out or implemented by the delegate; and (b)
fix a standard – the limits of which are sufficiently
determinate or determinable – to which the
delegate must conform in the performance of his
functions.
 Abella v. CSC
In exercising its quasi-judicial function, an
administrative body adjudicates the rights of
persons before it, in accordance with the standards
laid down by the law. The determination of facts
and applicable law are essential for the
performance of this functions. Hence, due process
requirement must be observed, including prior
notice and hearing.
On the other hand, quasi-legislative power is
exercised by the AA through the promulgation of
rules and regulations within the confines of the
granting statute. Prior notice and hearing are not
essential to the validity of rules or regulations
promulgated to govern future conduct.
 Smart v. NTC
The doctrine of primary jurisdiction applies only
where the AA exercises its quasi-judicial or
adjudicatory function. Thus, in cases involving
specialized disputes, the practice has been to refer
the same to an AA of special competence pursuant
to the doctrine of primary jurisdiction. However,
where what is assailed is the validity or
constitutionality of a rule or regulation issued by the
AA in the performance of its quasi-legislative
function, the regular courts have jurisdiction to pass
upon the same.
 Araneta v. Gatmaitan
For the protection of fry or fish eggs and small and
immature fishes, Congress intended with the
promulgation of Act No. 4003, to prohibit the use of
any fish net or fishing device like trawl nets that
could endanger and deplete our supply of sea food,
and to that end authorized the Secretary of
Agriculture to provide by regulations such
restrictions as he deemed necessary in order to
preserve the aquatic resources of the land.
Consequently, when the President issued EO No.
80, he did nothing but show an anxious regard for
the welfare of the inhabitants of said coastal
province and dispose of issues of general concern
which were in consonance and in strict conformity
with the law.
 Ang Tibay v. CIR
Proceedings before an administrative tribunal are
not bound by the technical rules of procedure and
evidence. But there are primary rights that must be
respected even in proceedings of this nature:
• The right to be a hearing;
• The tribunal must consider the evidence
presented;
• The decision must be rendered on the
evidence presented at the hearing or at
least contained in the record;
• The decision must be based on substantial
evidence;
• The tribunal must render its decision in such
a manner that the parties can know the
various issues involved and the reasons for
the decision rendered.
 Scenarios v. Bago
Technical rules of procedure are not strictly applied
in quasi-judicial proceedings; only substantial
compliance is required.
 Pascual v. BME
In an administrative hearing against a medical
practitioner for alleged malpractice, the Board of
Medical Examiners cannot, consistently with the
self-incrimination clause, compel the person
proceeded against to take the witness stand
without his consent.
 Suyat v. Torres
AO No. 95 of the President had become final and
executory when the petitioner filed his Petition for
Certiorari in the CA. Moreover, a Petitioner for
Certiorari is limited only to resolving errors of
jurisdiction. Certiorari will not be issued to cure
errors by the quasi-judicial body in its appreciation
of the evidence of the parties, and its conclusions
anchored on the said findings, and its conclusions
of law.
 Calo v. Fuertes
A special civil action for certiorari and prohibition
under Rule 67 of the Rules of Court lies only when
“there is no appeal, nor any plain, speedy, and
adequate remedy in the ordinary course of law.”
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 SSSEA v. Velasco
A party must exhaust all administrative remedies
before resorting to the courts. The premature
invocation of the intervention of the court is fatal to
one’s cause of action.