ADMINISTRATIVE LAW – Chapters 1 to 3
Gallant Soriano
CHAPTER I
INTRODUCTION
ADMINISTRATIVE LAW
1. The entire system of laws under which the machinery of the State
works and by which the State performs all government acts
2. The law which provides the structure of government and
prescribes its procedure; the law which controls or is intended to
control the administrative operations of the government; the law of
governmental administration
3. That part of public law which fixes the organization and
determines the competence of the administrative authorities, and
indicates to the individual, remedies for the violation of his rights
4.a. That branch of modern law under which the executive
department of government acting in a quasi-legislative or quasi-
judicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community, as under laws
regulating public corporations, business affected with a public
interest, professions, trades and callings, rates and prices, laws for
the protection of the public health and safety and the promotion of
the public convenience and advantage
4.b. That system of legal principles to settle the conflicting claims of
executive and administrative authority on the one hand and of
individual or private rights on the other
4.c. The law concerning the powers and procedures of administrative
agencies including specially the law governing judicial review of
administrative action
5. That part of the law which governs the organization, functions, and
procedures of administrative agencies of the government to which
(quasi) legislative powers are delegated and (quasi) judicial powers
are granted, and the extent and manner to which such agencies are
subject to control by the courts
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Professor: Atty.
ADMINISTRATIVE AUTHORITIES
All those public officers and organs of the government that are
charged with the amplification, application and execution of the law,
but do not include, by virtue of the doctrine of the separation of
powers, Congress and the regular courts.
ELEMENTS OF ADMINISTRATIVE LAW (Pound Definition)
1. Branch of Public Law
2. Executive Department
3. Quasi-Legislative & Quasi-Judicial Capacity
4. Interferes with Conduct of Individual
5. Promotion of Well-being of the community
ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
1. RECOGNITION AS DISTINCT CATEGORY OF LAW
Under the Anglo-American system, administrative law is not one of
the traditionally recognized parts of the law. However, it is only in the
last few decades with the rapid expansion of administrative agencies
and their increased functions that a substantial body of jurisprudence
has developed in the field and general recognition has been given to
“administrative law” as a distinct category of law
2. MULTIPLICATION OF GOVERNMENT FUNCTIONS
Originally, the government had but few functions as there were but
few activities to regulate and control. But as modern life became
more complex, the subjects of government regulations
correspondingly increased, which, in turn caused a multiplication of
government functions, necessitating an enormous expansion of
public administration. 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 out not to be equipped to administer properly
and efficiently
3. GROWTH AND UTILIZATION OF ADMINISTRATIVE AGENCIES
Administrative law developed as the natural accompaniment of the
growth of administrative agencies and their utilization in response to
the needs of a changing society
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ADMINISTRATIVE LAW – Chapters 1 to 3
(A) It has developed from a combination of forces, some pressing on
the legal system from without, and some others from within, and it is,
in effect, a major response of the law to the complexities of a modern
age. To a large extent, administrative law has developed in response
to the need for broad social or governmental control over complex
conditions and activities which in their detail cannot be dealt with
directly in an effective manner by the legislature or the judiciary. It
has as its dominant purpose the promotion and conservation of the
interests and convenience of the public
(B) The theory which underlies a good part of administrative law is
that the issues with which it deals ought to be decided by experts,
and not by a judge, at least not in the first instance, or until the facts
have been sifted and arranged
4. FUSION OF DIFFERENT POWERS OF GOVERNMENT IN
ADMINISTRATIVE AGENCIES
Administrative law, then, resulted from the increased functions of
government, the recent tremendous growth in administrative
agencies, and the fact that the agencies created in this period of
growth were much more than conventional administrative officials
such as had existed under earlier legislation
(A) With their extensive investigation, rule-making, and adjudicating
powers, these administrative agencies represent a provocative
fusion of different powers of government
(B) They are vested with the power to promulgate rules and
regulations to better carry out some legislative policies, and to decide
on controversies within the scope of their activities. The laws which
created administrative agencies, the rules and regulations
promulgated y them, and the body of decisions that they have from
time to time rendered in the adjudication of cases brought before
them, now constitute the bulk of administrative law
5. A LAW IN THE MAKING
Administrative law is still in its formative stages and is being
developed as part of our traditional system of law. The administrative
process and its agencies are newcomers in the field of law but
administrative agencies are now established as very important
Habana Notes 2014-2015
Professor: Atty. Gallant Soriano
tribunals in the administration of justice, making decisions sometimes
of vast importance and equal to matters determined by the courts
A substantial part of the principles of administrative law in the
Philippines is derived from American and English jurisprudence on
this branch of law. It has persuasive, though not controlling, force in
our jurisdiction.
ADMINISTRATIVE PROCESS
It includes the whole of the series of acts of an administrative agency
whereby the legislative delegation of a function is made effectual in
particular situations
It embraces matters concerning the procedure in the disposition of
both routine and contested matters, and the matter in which
determinations are made, enforced and reviewed
ADVANTAGES OF ADMINISTRATIVE PROCESS
1. ADVANTAGES OF ADMINISTRATIVE ADJUDICATION AS
COMPARED WITH EXECUTIVE ACTION
Congress has resorted to the administrative process as an
alternative to executive action not only in the matter of benefits
(patents, public lands, and social security), but also in the fields of
tax administration, labor relations, public utilities and securities
market regulations, and others
2. LIMITATIONS UPON THE POWERS OF COURTS
Congress has entrusted the administration of some laws to
administrative agencies in cases where such functions involve
discretion with respect to future conduct and hence, will not be
undertaken by the courts
3. TREND TOWARDS PREVENTIVE LEGISLATION
The desire for more effective and more flexible preventive remedies
has been a factor in the creation of many administrative agencies
4. LIMITATIONS UPON EFFECTIVE LEGISLATIVE ACTION
Instead of delegating rule-making power, Congress could, in
principle, incorporate regulatory details into the statutes. But even in
such cases, and aside from the comparative advantages of
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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

congressional and administrative action, there are limitations

inherent in the legislative process which make it a practical CRITICISMS ON ADMINISTRATIVE ACTION
impossibility for Congress to do all the things it theoretically could do

If Congress failed to delegate wide powers to administrative ADVANTAGES DISADVANTAGES

agencies, it might lose itself in details to the detriment of its
indispensable functions of determining basic policy and holding
administrative agencies accountable for net results Gives room for prompt and Tendency towards arbitrariness
preventive action/remedy - results to abuse
5. LIMITATIONS UPON EXCLUSIVELY JUDICIAL
ENFORCEMENT
Even where Congress could rely upon the courts for enforcement of Cost-efficient proceedings and Lack of legal knowledge and
its policies, the many courts would vary in their application of the law. speedy delivery aptitude in sound judicial
Since the courts could not take the initiative in enforcement, that - representation by counsel is not technique
initiative would fall to the many prosecutors or law enforcement required - results to errors in judgment
agencies, or, to private individuals

In the former case, there would be no uniformity in the policy of Accountability and responsibility Susceptibility to political bias or
initiation whereas in the latter case, individuals would bear a burden due to the trust and confidence pressure, often brought about by
and expense which, rightly or not, the policy of modern government reposed by political patrons uncertainty of tenure
imposes upon them. On the other hand, a single administrative - results to political patronage,
agency can assume the responsibility for enforcement and can which affects impartiality and
develop, subject to judicial review, uniform policies in the carrying out compromise independence
of that responsibility

6. ADVANTAGES OF CONTINUITY OF ATTENTION AND Not restricted/governed by Disregard for the safeguards that
CLEARLY ALLOCATED RESPONSIBILITY technical rules and procedures insure a full and fair hearing
Administrative agencies have the time and facilities to become and - dispose cases more
to remain continuously informed, and they can be given unified expeditiously, which then
responsibility for effectuating the broad policies laid down by prevents an influx of cases to
Congress regular courts
7. NEED FOR ORGANIZATION TO DISPOSE OF VOLUME OF
BUSINESS AND TO PROVIDE THE NECESSARY FUNDS Flexibility Absence of standard rules of
procedure suitable to the
activities of each agency
- results to inconsistency

Continuity of attention & clearly Dangerous combination of

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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

allocated responsibility results to legislative, executive, and judicial

technical expertise on particular functions
fields - results to totalitarian powers

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ADMINISTRATIVE LAW – Chapters 1 to 3
CHAPTER II
NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES
ADMINISTRATIVE AGENCY
The term used generally to describe an agency exercising some
significant combination of executive, legislative, and judicial powers.
It is a government body charged with administering and
implementing particular legislation
(1) It covers boards, commissions, divisions, bureaus, and
departments, and the somewhat less familiar designations of “office”
and “authority”
(2) The term is usually employed to denote the functionaries with
which administrative law is concerned
NATURE OF ADMINISTRATIVE AGENCIES
To a large extent, the status and character of administrative
agencies depend on the terms of the constitutional or statutory
provisions creating them and the powers, rights, duties, liabilities, or
functions conferred on them.
1. AS PUBLIC OR GOVERNMENTAL AGENCIES
While their exact status and character are thus variable, generally
they may be said to be agencies of the state or government
(A) They represent no private interests of their own
(B) They have authority to act with the sanction of the
government
(C) They form the agency take, or the function it performs is not
determinative of the question whether it is an agency,
although it may be significant with respect to other related
questions
2. AS JUDICIAL BODIES OR COURTS
Administrative agencies are not courts or part of the judicial system
in a strict sense
(A) The mere fact that a statute setting up a commission and the
rules of procedure adopted by such commission provide a
mode of procedure conforming in many respects to the
regular practice of courts, or the fact that the commission
possesses and exercises certain powers and functions
Habana Notes 2014-2015
Professor: Atty. Gallant Soriano
resembling those conferred upon and exercised by courts,
does not in itself render the commission a court
a. Administrative agencies cannot exercise purely
judicial functions, do not have the inherent powers of
a court, are not bound in their proceedings by all the
rules applicable to proceedings in court, and do not
come within the statute prohibiting injunction to
constitute courts or against proceedings “in any
court” of a state
b. Certain administrative agencies may be held not to
constitute courts or judicial bodies because their
function is not to adjudicate impartially but to
represent a public interest, because of their
investigatory and inquisitorial powers, or because
they exercise commingled legislative, executive, and
judicial functions
(B) Administrative agencies exercising adjudicatory powers are
judicial bodies or courts in a broad sense. They exercise
powers judicial in nature and perform the same functions as
a court would perform in their absence, and their
proceedings partake of the nature of judicial proceedings
(C) Administrative agencies are primarily regulatory even if it
conducts hearings and decides controversies to carry out
this duty. On the other hand, the primary duty of a judicial
body is to adjudicate upon and protect the rights and
interests of private parties and to that end, construes and
applies the law
3. AS LEGISLATIVE OR EXECUTIVE AGENCIES
While administrative agencies are separable from the judicial branch
of the government, at least by a “quasi”, they are not in all instances
clearly attributable to either of the other 2 branches
(A) Administrative agencies may be said to be arms and
instrumentalities of the legislative branch of the government,
and may perform functions of a legislative or quasi-
legislative character, although they are without legislative
power in the strict sense.
4. AS INDEPENDENT OR SUBORDINATE BODIES
A body whose actions are subject to administrative review
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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

B. SPECIAL BODIES OR AGENCIES

5. AS CORPORATE BODIES OR LEGAL ENTITIES 1. Constitutional Commissions
With legal capacity to sue and be sued in courts a. Civil Service Commission
b. Commission on Elections
MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES c. Commission on Audit
1. SIZE * Office of the Ombudsman
2. SPECIALIZATION * Commission on Human Rights
3. RESPONSIBILITY FOR RESULTS
4. VARIETY OF ADMINISTRATIVE DUTIES ORGANIZATION OF THE OFFICE OF THE PRESIDENT
A. OFFICE OF THE PRESIDENT PROPER
NOTE: The consequence for such characteristics is the delegation of 1. Private Office
function and authority 2. Executive Office
3. Common Staff Support System
TYPES OF ADMINISTRATIVE AGENCIES 4. Presidential Special Assistants/Advisers System
1. Those created to function in situations wherein the government is
offering some gratuity, grant, or special privilege B. AGENCIES UNDER THE OFFICE OF THE PRESIDENT
2. Those set up to function in situations wherein the government is
seeking to carry on certain functions of government DEPARTMENT
3. Those set up to function in situations wherein the government is An executive department created by law, which includes any
performing some business service for the public instrumentality having or assigned the rank of a department,
4. Those set up to function in situations wherein the government is regardless of its name or designation
seeking to regulate business affected with public interest
5. Those set up to function in situations wherein the government is BUREAU
seeking under the police power to regulate private businesses and Any principal subdivision or unit of any department. It shall include
individuals any principal subdivision or unit of any instrumentality given or
6. Those set up to function in situations wherein the government is assigned the rank of a bureau, regardless of actual name or
seeking to adjust individual controversies because of/imbued with designation, as in the case of department-wide regional offices
some strong social policy involved

ADMINISTRATIVE ORGANIZATION
The administrative structure of the government including its political
subdivisions and the allocation of powers, functions, and duties to its
various units or agencies

A. TRADITIONAL BRANCHES
1. Congress – Legislative Power
2. President – Executive Power
3. Supreme Court, and in such lower courts as may be established
by law – Judicial Power

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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

CHAPTER 3 a. Inspect Records & Premises

POWERS & FUNCTIONS b. Investigate activities of persons/entitites coming
under its jurisdiction
FUNCTION c. Require disclosure of information by means of
That which one is bound to do accounts, records, reports, testimony of witnesses
(e.g. regulate public transport system by LTFRB) 2. Quasi-legislative/Rule-making
3. Quasi-judicial/Adjudicatory
POWER
Means by which a function is fulfilled B. AS TO DEGREE OF CHOICE
(e.g. adjudicatory and rule-making powers) 1. Discretionary
2. Ministerial
SOURCES OF FUNCTIONS AND POWERS
1. Constitution – Powers & Functions are defined in the constitution DISCRETION
(e.g. Constitutional Commissions; Art. 9) The power or right conferred upon them by law of acting officially
under certain circumstances, according to the dictates of their own
2. Legislation – left and defined by legislation judgment and conscience, and not controlled by the judgment or
(e.g. NBI[RA157]; June 19, 1947) conscience of others

3. Constitution & Legislation MINISTERIAL ACT

(e.g. Ombudsman; Art. 9, Sec. 5 of the 1987 Constitution as well as One performed in response to a duty which have been positively
RA 6770, Nov. 17, 1989) imposed by law and its performance required at a time and in a
manner or upon conditions specifically designated, not being
SCOPE OF POWERS dependent upon the officer’s judgment or discretion
1. Administrative Officers have only such powers as are expressly
granted them by the statute and those necessarily implied in the
exercise thereof.
CASE: Makati Stock Exchange vs SEC (14 SCRA 620)

2. Unless Administrative Bodies are expressly empowered,

Administrative Agencies are bereft of quasi-judicial powers
CASE: Taule vs Santos

3. Laws conferring powers are liberally construed to enable

Administrative Agencies to discharge their duties in accordance with
the legislative purpose
CASE: Solid Homes vs Payawal

CLASSIFICATION OF POWERS
A. AS TO NATURE
1. Investigatory/Inquisitorial

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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

INVESTIGATORY POWERS
a. power to carry out a systematic or formal inquiry EXTENT & SCOPE OF INVESTIGATORY POWERS
b. on violation of laws
c. and to gather information on proposed legislation
SCOPE EXTENT CASE RATIO
JUDICIAL FUNCTION
a. power to adjudicate Initiation of On complaint Villaluz vs Power of control
b. upon rights and obligations of parties Investigation or own Zaldivar of President may
(examine, motion (15 SCRA extend to power
JUDICIAL DISCRETION explore, inquire) 710) to investigate,
a. power to evaluate evidence submitted to it suspend or
b. on the facts and circumstances presented remove officers
and employees
TEST OF JUDICIAL FUNCTION who belong to the
a. It is not the exercise of judicial discretion executive
b. but the power and authority to adjudicate department
c. upon the rights and obligations of parties before it (presidential
appointees)
PRINCIPLES OF INVESTIGATORY POWERS Conduct of May be held Ruiz vs Respondent in
1. To investigate is NOT to adjudicate/adjudge Investigation in private Drilon administrative
CASE: Cariño vs Commission on Human Rights (audit, physical (209 SCRA case is not
investigation, 695) entitled to be
monitor) informed of the
PURPOSES OF GRANT OF INVESTIGATORY POWERS findings &
recommendations
of investigating
Information- Sec. 18, Art. 13 of the 1987 CHR committee
gathering Constitution NBI Secretary Due process
Sec. 1, RA 157 of Justice rights of notice
vs Lantion and hearing may
be invoked at
Prosecution Sec. 13, Art. 11 of the 1987 Public evaluation stage
Purposes Constitution Prosecutor’s of extradition
Office proceedings
Ombudsman
Note: Sec. of
Aid to other Sec. 5(a & d), RA 8799 SEC Justice vs Lantion
powers is an exemption
because of its
peculiarity

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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

Pefianco vs Respondent in judge

Moral administrative Accounts, Access to Catura vs 1. Documents
case is not Records, documents of CIR required to be
entitled to be Reports or person being produced
informed of the Statements investigated constitutes
findings & evidence of most
recommendations solid character as
of investigating to whether or not
committee there was failure
Inspection & No search Camara vs There was no to comply with
Examination warrant Municipal emergency mandates of the
(routine required; Court demanding law
inspection for conduct (387 US immediate
enforcement of inspection 523) access. Yet no 2. Accounts,
regulations) during warrant was Records,
reasonable obtained Reports, or
hours Statements may
No search wrrant be required to be
is required but delivered &
inspection must deposited with
be conducted administrative
during body at the
reasonable hours hearing
Salazar vs Art. 38 of the Attendance of No inherent Evangelista 1. Subpoena is
Achacoso Labor Code witnesses power to: vs Jarencio within legal
which grants the a) require competence of
Secretary of attendance PARGO to issue
Labor authority to pursuant to
issue orders of b) put under EO4(5) which
arrest, search oath; require empowered it to
and seizure, is to testify “summon
unconstitutional (witnesses) witnesses...
because the relevant to the
Secretary is not a investigation”
judge
2. It is common
Probable cause for statute to
must be confer such
determined powers on
personally by the Administrative

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ADMINISTRATIVE LAW – Chapters 1 to 3 Professor: Atty. Gallant Soriano

Agencies
Hearing May be held OCA vs In Administrative
(Procedures for but not Canque Agencies,
Conduct) necessary formal/trial type
part of hearing is not
investigation required
Contempt Requisites: Carmelo vs Power to punish
Proceedings 1. Statutory Ramos contempt must be
(Failing to grant (Sec. 580 expressly granted
appear/Refusing 2. AA is of RAC) to Administrative
to produce performing Body
document when quasi-judicial
required) functions *Comparative
analysis of Bedol
case and
Masangcay case

Bedol vs
COMELEC

Masangcay When COMELEC

vs exercises
COMELEC ministerial
function, it cannot
exercise the
power to punish
contempt
because such
power is
inherently judicial
in nature
Rules of Administrative Angtibay vs Technical Rules
Procedure and Agencies are CIR of procedure and
Evidence given wide evidence are not
latitude strictly applied in
administrative
proceedings
Gaoiran vs
Alcala

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