Admin(I)

A. Concept/Definition of Administrative Law

1. Broad and general definition:

“It refers to all laws that regulate or control the administrative organization and
operations of the government including the legislative, judicial and constitutional
commissions.”

Read pages 1 to 57 of the book Administrative Law by Hector M. De Leon, Jr.,2016 edition)

Administrative authorities - all those public officers and organs (i.e., administrative
agencies) 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 separation of powers,
Congress and the regular courts.

Distinguished from international law.

Administrative law lays down the rules which shall guide the officers of the administration
in their actions as agents of the government.

International law, not binding upon the officers of any government considered in their
relation to their own government except insofar as it has been adopted into the state.

Distinguished from constitutional law.

Constitutional law

(1) prescribes the general plan or framework of governmental organization,

(2) treats of the rights of the individual
(3) prescribes limitations on the powers of the government to protect the rights of individuals
against abuse in their exercise

Admin Law

1. Gives and carries out this plan in its minutest details;

2. Treats them from the standpoint of the powers of the government; emphasizes the powers
of government and duties of the citizens;
3. Indicates to individuals, remedies for the violation of their rights.
Principal subdivisions of administrative law.

(1) The law of internal administration. — It treats of the legal relations between the
government and its administrative officers,

(2) The law of external administration. — It is concerned with the legal relations between
administrative authorities and private interests.

2. Understanding how each branch of government works within the context of

Administrative Law:

Classification of administrative law.

(1) As to its source. — One classification not infrequently presented draws a line between
the law that governs or controls them, and that which is made by the administrative
agencies.
(2) As to Purpose – (A) procedural administrative law, establishes the procedure which an
agency must or may follow in the pursuit of its legal purpose. (B) Substantive
administrative law, establishes primary rights and duties, such as the conditions under
which a broadcaster may operate or the labor practices in which employers and unions
must not indulge
(3) As to its applicability. – (a) General administrative law. general nature and common to
all, or most, administrative agencies. (b) Special administrative law. —pertains to
particular agencies. It proceeds from the particular statute creating the individual agency

Advantages of the administrative process.

The term administrative process 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.

Origin and development of administrative law.

(1) Recognition as a distinct category of law. 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.
(3) Growth and utilization of administrative agencies
(4) Fusion of different powers of government in administrative agencies
Relation between administrative agencies and courts.

(1) Collaborative instrumentalities. — In effecting the collaboration of courts and agencies,

courts may entertain action brought before them, but call to their aid the appropriate
administrative agency on questions within its administrative competence
(2) Role of courts. - (a) to accommodate the administrative process to the traditional judicial
system; (b) to accommodate private rights and the public interest in the powers reposed in
administrative agencies; and to reconcile in the field of administrative action, democratic
safeguards and standards of fair play with the effective conduct of government.
(3) Discharge of judicial role. - (a) to maintain the Constitution by seeing that powers are not
unlawfully vested in administrative agencies (b) to give due deference to the role of the
administrative agencies, (c) to lend the powers of the court to the proper attainment of the
valid objectives of the administrative agency; (d) to leave to the legislature or the people
the remedy for administrative action which may be unwise or undesirable but is within
the lawful powers of the agency

CREATION OF ADMINISTRATIVE AGENCIES (HOWAND WHY) - The law which created

administrative agencies, the rules and regulations promulgated by 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.

The Executive Branch, how it works:

Administrative organization refers to the administrative structure of the government

including its political subdivisions and the allocation of powers, functions, and duties to its
various units or agencies

Organization of the Office of the President.

(1) The Office of the President Proper shall consist of the Private Office (personal w/c
pertain to first family), the Executive Office (responsive to the specific needs and
requirements of the President to achieve the purposes and objectives of the Office.), the
Common Staff Support System (general categories of development and management, general
government administration and internal administration), and the Presidential Special
Assistants/Advisers System (as may be needed by the President):

2) The agencies under the Office of the President refer to those offices under the chairmanship
of the President, those under the supervision and control of the President, those under the
administrative supervision of the Office of the President, those attached to it for policy and
proper coordination, and those that are not placed by law or order creating them under any
special department.
 See Section 31, Chapter 10, Book III of the Revised Administrative Code of 1987

SECTION 31. Continuing Authority of the President to Reorganize his Office. — The

President, subject to the policy in the Executive Office and inorder to achieve simplicity,
economy and efficiency, shall have continuing authority to reorganize the administrative
structure of the Office of the President. For this purpose, he may take any of the following actions:
(1) Restructure the internal organization of the Office of the President Proper,
including the immediate Offices, the Presidential Special Assistants/Advisers
System and the Common Staff Support System, by abolishing, consolidating or
merging units thereof or transferring functions from one unit to another;
(2) Transfer any function under the Office of the President to any other
Department or Agency as well as transfer functions to the Office of the
President from other Departments and Agencies; and
(3) Transfer any agency under the Office of the President to any other department
or agency as well as transfer agencies to the Office of the President from other
departments or agencies.

Organization of Departments.
Department refers to an executive department created by law. It includes any instrumentality9
having or assigned the rank of a department, regardless of its name or designation.'
Secretaries, Undersecretaries, and Assistant Secretaries.

Department Services.
Except as otherwise provided by law, each Department shall have the following Department
Services:

(1) Planning Service. — It shall provide the department with economical, efficient and
effective services relating to planning, programming, and project development, and
discharge such other functions as may be provided by law.
(2) Financial and Management Service. — It shall advise and assist the Secretary on
budgetary, financial and management matters and shall perform such other functions as
may be provided by law.
(3) Administrative Service. — It shall provide the Department with economical, efficient and
effective services relating to personnel legal assistance, information, records, delivery
and receipt of correspondence, supplies, equipment, collections, disbursement, security
and custodial work.
(4) Technical Service. — It shall take charge of technical staff activities essential to a
department and which cannot be allocated to the three other services or to the bureaus.
(5) Legal Service. — It shall be provided where the operations of the department involve
substantial legal work, in which case, the Administrative Service shall not have a Legal
Division. It shall provide legal advice to the department
Organization of Bureaus.
Bureau refers to any principal subdivision or unit of any department.
(1) A Bureau is any principal subdivision of the department performing a single major function or
closely related functions. Each Bureau shall be headed by a Director who may have one or more
Assistant Directors as provided by law. It may have as many divisions as are provided by law for
the economical, efficient and effective performance of its functions.
Organization of Field Offices.
(1) Regional Offices. — They shall be established according to law defining field service areas.
(2) Administration. — The regional office shall be headed by a Regional Director who may be
assisted by one (1) Assistant Regional Director, except as may otherwise be provided by law.

Definition of administrative relationship.

Unless otherwise stated in the Administrative Code of 1987 or in other laws defining the special
relationship of particular agencies, administrative relationship shall be categorized and defined as
follows:
(1) Supervision and control
(a) act directly whenever a specific function is entrusted by law or regulation to a
subordinate;
(b) direct the performance of duty; restrain the commission of acts;
(c) review, approve, reverse or modify acts and decisions of subordinate officials or units;
(d) determine priorities in the execution of plans and programs; and
(e) prescribe standards, guidelines, plans and programs.
(2) Administrative supervision - relationship between a department or its equivalent and
regulatory agencies or other agencies as may be provided by law. It shall be limited to the
authority of the department or its equivalent:
(a) to generally oversee the operations of such agencies and to insure that they are
managed effectively, efficiently and economically but without interference with day-to-
day activities
(b) to 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
(c) to take such action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other forms of
maladministration
4) to review and pass upon budget proposals of such agencies but may not increase or add
to them
3) Attachment - refers to the lateral relationship between the department or its equivalent
and the attached agency or corporation for purposes of policy and program coordination
Powers and functions of Department Secretary.
(1) Advise the President in issuing executive orders, regulations, proclamations and other
issuances,
(2) Establish the policies and standards for the operation of the Department pursuant to the
approved programs of governments
(3) Promulgate rules and regulations necessary to carry out department objectives, policies,
functions, plans, programs and projects
(4) Promulgate administrative issuances necessary for the efficient administration of the
offices under the Secretary and for proper execution of the laws relative thereto.
(5) Exercise disciplinary powers over officers and employees under the Secretary in
accordance with law
(6) Appoint all officers and employees of the Department except those whose appointments
are vested in the President
(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the
Department
(8) Delegate authority to officers and employees under the Secretary's direction in
accordance with the Code

Authority of Department Secretary.

The Secretary of a Department shall have supervision and control over the bureaus, offices, and
agencies under him,

Line bureau authority.

(1) Line bureaus of a department shall exercise supervision and control over their regional and field
offices.

Carpio vs. Executive Secretary, G.R. No.96409 (doctrine of qualified political agency)

Doctrine of Qualified Political Agencies

1) President has control of all executive department, bureaus, and offices, from the cabinet
secretary to the lowliest clerk
2) President cannot be expected to exercise his control powers
3) The president delegates his power to his secretaries who are alter egos/assistants
4) Unless the constitution or law requires the President to act in person, acts of the secretaries, are
presumed to be the acts of the president unless he repudiate, reprobate or disapprove the
same.

President has control of all executive department, bureaus, and offices, from the cabinet
secretary to the lowliest clerk, as he cannot be expected to exercise his control powers all at
the same time and in person, he will have to delegate some of them to his Cabinet secretaries,
and unless the constitution or law requires the President to act in person, acts of the
 secretaries, are presumed to be the acts of the president unless he repudiate, reprobate or
disapprove the same.

3. Specific/Course definition:

“It means that part of law which governs the organization, functions and procedures of
administrative agencies of government to which quasi-legislative powers and quasi-
judicial powers are granted, and the extent and manner to which such agencies are
subject to control by the courts.”

4. Definition of an administrative agency

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) Under the Administrative Code of 1987, the term agency of the Government is used
to refer to any of the various units of the Government, including a department,
bureau, office, instrumentality, or government-owned or -controlled corporation, or a
local government or a distinct unit therein. It is a "national agency" if it refers to a
unit of the national Government and a "local agency," if it refers to a local
government or a distinct unit therein.

Main characteristics of administrative agencies.

(1) Size. — Many administrative agencies are necessarily large.

(2) Specialization. — Administrative agencies specialize
(3) Responsibility for results. — A particular administrative agency is charged by
Congress with accomplishing a particular statutory end
(4) Variety of administrative duties. — This variety may be seen within a single agency
as well as between different agencies.

Delegation of function and authority.

(1) Types. — Four types of delegation have been listed as necessary:
(a) delegation of internal management;
(b) delegation of authority to dispose of routine matters;
(c) delegation of authority to dispose of matters informally, or to initiate formal proceedings; and
(d) delegation of authority and function in formal proceedings.

5. Creation of administrative agencies (how and why)

The growing complexity of modern society, the multiplication of the subjects of

governmental regulations and the increased difficulty of administering the laws made the
creation of administrative agencies and the delegation to them of legislative power
 necessary." (Philippines Inter-Island Shipping Association of the Philippines v. Court of
Appeals, 266 SCRA 489 119971

Status or character of particular 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."

Read: PANTRANCO vs. PSC, G.R. No. 47065

The theory of the separation of powers is designed by its originators to secure action and at the
same time to forestall over action which necessarily results from undue concentration of
powers, and thereby obtain efficiency and prevent despotism. Thereby, the "rule of law" was
established which narrows the range of governmental action and makes it subject to control by certain
legal devices. As a corollary, we find the rule prohibiting delegation of legislative authority, and from
the earliest time American legal authorities have proceeded on the theory that legislative power must
be exercised by the legislature alone. One thing, however, is apparent in the development of the
principle of separation of powers and that is that the maxim of delegata potestas non potest delegari,
has been made to adapt itself to the complexities of modern governments, giving rise to the adoption,
within certain limits, of the principle of "subordinate legislation," in practically all modern
governments. 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, and
toward the approval of the practice by the courts. In harmony with such growing tendency, this
Court, since the decision in the case of Compania General de Tabacos de Filipinas vs. Board of
Public Utility Commissioners (34 Phil., 136), relied upon by the petitioner, has, in instances,
extended its seal of approval to the "delegation of greater powers by the legislature."

Administrative agencies are normally located in the executive branch of government and are
usually charged with the day to day details of governing. Agencies are created and assigned
specific tasks by the legislature.

6. Types of administrative agencies (regulatory, preventive, service, etc.)

A. regulate businesses affected with public interest. Examples are: Insurance Commission,
Bureau of Air Transportation; Land Transportation Franchising and Regulatory Board
(LTFRB), Energy Regulatory Board, Bureau of Mines and Geo- Sciences, National
Telecommunications Commission, Housing and Land Use Regulatory Board (HLURB),
B. Service - Examples are: Philippine Postal Corporation, Philippine National Railways,
Metropolitan Waterworks and Sewerage Authority, Government Telephone System,
National Electrification Administration, National Food Authority, National Housing
Authority
C. police power to regulate private businesses and individuals. – SEC, MTRCB, GAB, DDB
BTRCP
JGOracion