ADMINISTRATIVE LAW

ATTY. GALLANT D. SORIANO

Quiz 1
1. What is admin law- Pound
Administrative law is the branch of modern law under which the executive
department acting in its quasi-legislative or quasi-judicial capacity interferes
with the conduct of the individual for promoting the well-being of the
community.
2. Trace the evolution (history and development) of Admin Law
a. Recognition as a distinct category of law
b. Multiplication of government functions
c. Growth and utilization of administrative agencies
d. Fusion of different powers of government in administrative agencies
e. A law in the making
3. Criticisms
a. Tendency towards arbitrariness
b. Lack of knowledge and aptitude in sound judicial technique
c. Susceptibility to political bias and uncertainty of tenure
d. Disregard for safeguards in full and fair hearing
e. Absence of standard rules of procedure
f. Dangerous combination of the 3 functions/ powers of the government
4. Advantages
a. Advantages of administration as compared with executive action
b. Limitations upon the power of the courts
c. Trend towards preventive legislation
d. Limitations upon effective legislation
e. Limitations upon exclusively judicial enforcement
f. Advantages of continuity of attention and clearly allocated responsibility
g. Need for organization to dispose of volume of business and to provide
the necessary records
5. Quasi-judicial instrumentality
A quasi-judicial body is an organ of government other than a court and other
than a legislature, which affects the rights of private parties through either
adjudication or rule-making.
6. Hypo- What happens when the term of a non-incorporated agency expires?
When the statutory term of a non-incorporated agency expires, the powers,
duties and functions as well as the assets and liabilities of that agency revert
back to, and are re-assumed by, the Republic of the Philippines. (Iron Steel
Authority v. CA)

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7. Hypo- What is the nature of BLGF?
The Bureau of Local Government Finance is not an administrative agency
whose findings on questions of fact are given weight and deference in the
courts. It was created merely to provide consultative services and technical
assistance to local governments and the general public on local taxation, real
property assessment, and other related matters, among others. (PLDT v. City
of Bacolod)

8. State briefly the facts, issue and ruling of the case of Solid Homes v. Payawal.
FACTS:
A complaint for delivery of title to a subdivision was filed by (Teresita)
Payawal against Solid Homes, Inc. before the RTC of QC. Plaintiff alleged
that defendant contracted to sell to her a subdivision lot in Marikina. Solid
Homes subsequently executed a deed of sale over the land but failed to
deliver the corresponding certificate of title despite her repeated demands
because, as it appeared later, the defendant had mortgaged the property in
bad faith to a financing company. Solid Homes moved to dismiss the
complaint on the ground that the court had no jurisdiction, this being vested in
the National Housing Authority (NHA) under PD No. 957. The motion was
denied. Solid Homes appealed but the decision was affirmed by the
respondent court.
ISSUE: Does the RTC of QC have jurisdiction over the case?
RULING: No. In case of conflict between a general law and a special law, the
latter must prevail regardless of their enactment. In this case, BP No. 129 is
the general law and PD No. 957 is the special law. Statutes conferring powers
on their administrative agencies must be liberally construed to enable them to
discharge their assigned duties in accordance with the legislative purpose.
Thus, it is the National Housing Authority (NHA), now named Housing and
Land Use Regulatory Board (HLURB) which should have jurisdiction over the
case.
9. 6 types of administrative bodies
a. Performing business service for the public
b. Regulating business affected with public interest
c. Offering grant, gratuity or special privilege
d. Carry function of government
e. Imbued with social policy
f. Police power to regulate private business or individuals
10. 4 activities that take place in the organization of administrative bodies
a. Creation
b. Reorganization
c. Abolition

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 d. Deactivation

Quiz 2
1. Power to reorganize EO 292 OP Proper
The President can:
a. Abolish, consolidate or merge units; or
b. Transfer functions from one unit to another
2. Power to reorganize EO 292 OUTSIDE OP Proper
The President can:
a. Transfer functions or agencies: OP to other department or agencies
b. Transfer function or agencies: other department or agencies to OP
3. Sources of Powers and Functions of Administrative Agencies
a. Legislative enactments
b. Constitution
c. Hybrid combination of legislation and the Constitution
4. Hypo- Makati Stock Exchange v. SEC
The Securities and Exchange Commission’s rule that a security already listed
in any securities exchange may not be listed anew in any other securities
exchange is beyond the power of the Commission to impose because it
results in discrimination and violation of constitutional rights.
The SEC may not validly impose as a condition precedent for the licensing of
a stock exchange its rule against double listing of securities.
5. What is function?
That which one is bound or which is one’s business to do
6. What is power?
That means by which a function is fulfilled
7. Classification of powers as to nature
a. Investigatory powers
b. Quasi-legislative/ rule making power
c. quasi-judicial/ adjudicatory power

8. Hypo- Bagaoisan v. NTA

E.O. No. 29 and 36 have not abolished the National Tobacco Administration
(NTA) but merely mandated its reorganization through streamlining or
reduction of its personnel in the interest of simplicity, economy, and efficiency.
It is an act well within the authority of the President motivated and carried out
in good faith.
9. Hypo- UP Board of Regents v. Rusal

DISCLAIMER: not sure if this is actually the proper application but the facts of
the case are from this exact case see page 31 of DUGS reviewer. However, I

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 believe Dario v. Mison is the applicable case here lol idk wala pa ko aral dito
woo :)

It is clear from the record that the PGH itself was not abolished in the
reorganization plan approved by the UP Board of Regents. The PGH was
merely renamed “UP-PGH Medical Center” and some of its functions and
objectives were expanded or consolidated. There is no substantial distinction,
in terms of functions, between the PGH and the proposed UP-PGH Medical
Center. While PGH itself was not abolished and in its place, the position of
UP-PGH Medical Center Director was created.
The authority of the UP is limited to what is expressly provided in Act No.
1870 as amended, that is, to combine or merge colleges.
The power to create and abolish offices carries with it the power to fix the
number of positions, salaries, emoluments, and to provide funds for the
operation of the office created. This power is inherently legislative in
character. The UP Board of Regents does not have such power. Hence, the
abolition of the position of respondent Dr. Estrella is not valid.
10. Hypo- Dario v. Mison
The canon for the removal or suspension of a civil service officer or employee
is that it must be FOR CAUSE. That means “a guarantee of both procedural
and substantive due process. Basically, procedural due process would require
that suspension or dismissal come only after notice and hearing. Substantive
due process would require that suspension or dismissal be “for cause”. The
right granted by E.O. No. 17 to an employee to be informed on the ground for
his separation must be deemed to have been revoked by the repealing clause
of E.O. No. 127 providing that “all laws, ordinances, or parts thereof, which
are inconsistent with the Executive Order, are hereby repealed and modified
accordingly.

RES nullius | 2019-2020