CHAPTER 1

A. DEFINITION OF ADMINISTRATIVE LAWS

Definition Key word

Widest Sense a. Entire system of laws a. Laws
b. Under which the machinery of the state works b. States
c. And by which the State performs government c. acts
acts
Very Broad a. Provides the structure of government and a. Government
prescribes its procedure b. Laws
b. The law which control or is intended to c. administration
control the administrative operation of the
government
c. Or the laws of governmental administration
Less a. Part of public law
Comprehensive b. Which fixes the organization and determines
(Frank Goodnow) the competence of the administrative
authorities
c. And indicates to the individual remedies for
the violation of his rights
Narrower a. That branch of modern law
Signification b. Under which the executive department of the
(Nathan Roscoe government
Pound) c. Acting in a quasi-legislative and quasi-judicial
capacity
d. Interferes with the conduct of the individual
e. For the purpose of promoting the well-being
of the community
B. ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
a. RECOGNITION AS DISTRICT CATEGORY Not traditionally recognized as part of law
OF LAW
b. MULTIPLICATION OF GOVERNMENT
FUNCTION
c. GROWTH AND UTILIZATION OF
ADMINISTRATIVE AGENCIES
d.FUSION OF POWERS IN ADMINISTRATIVE
AGENCY
e.LAW IN THE MAKING
Growing complexities of modern life (CASE: Solid
Homes vs Payawal)
a. Multiplication of subjects of government
regulation
b. Increased difficulty of administering the
laws
Legislature created more administrative bodies
(CASE: Christian Gen Assembly vs Ignacio)
a. In response to the needs of changing
society
b. To regulate increasingly complex social,
economic and political spheres of human
interaction
a. Recent tremendous growth in
administrative agencies
b. Vested with the power to promulgate rules
and regulation
a. Still in formative stage
b. Persuasive force in our jurisdiction
 C. CRITICISMS AND ADVANTAGES OF ADMINISTRATIVE LAW

ADVANTAGES OF ADMIN LAW/PROCESS CRITICISMS AGAINST ADMINISTRATIVE ACTION

(Source: Corpus Juris)
Prompt and a. Crimes deter Tendency towards a. Discretion often
Preventive Action commission; arbitrariness leads to whimsical
b. Contracts deter actions
breach
Cost-efficiency and a. Disputes settles in Lack of legal a. Bound to commit
speedy delivery of a convenient knowledge and error in judgment
justice manner; aptitude in sound b. Commissioners are
b. Procedure are judicial techniques not necessarily
simple and easily lawyers
understood by
laymen
Accountability and a. Appointee is Susceptibility to bis a. Uncertainty to
responsibility accountable to his and pressure tenure -
patron; encourages
b. Political patrons political patronage
vouch for their b. Political
recommendee and interference –
therefore stand affects impartiality
responsible for and compromise
them independence
Relief of Court (CASE: Lianga Bay vs Disregard for the (CASE: Dadubo vs CSC)
Enage) safeguard that a. Free from rights of
a. Use of insure a full and fair procedural
administrative hearing requirements
tribunals avoid
floodgates of cases
to court
Flexible a. Not restrained by Absence of a. Do not follow and
rigid rules of Standard Rules of procedure
procedure and of Procedure (unpredictability)
evidence b. No uniformity of
procedure
(inconsistency)
*no stare decisis*
Technical Expertise a. Dispute are dealt Dangerous a. Not governed by
(specialization) with by persons combination of separation of
with knowledge legislative, powers
and experience executive and b. Powers are
judicial functions concentrated to
single entity with
limited of no
restriction at all
(totalitarian)
 CHAPTER 2
B. TYPES OF ADMINISTRATIVE BODIES (PROCIP)

Type Agencies example

P Those set up to function in situations wherein the • Phil Postal Corp
government is performing some business service for the • PNR
public. • NFA
• National Housing
Authority
R Those set up to function in situations wherein the • Insurance Commission
government is seeking to regulate businesses attended • Bureau of Air
with public interest. Transportation
• LTFRB
• Energy Rgeulatory
Board
• HLURB
O Those created to function in situations wherein the • Phil Veterans
government is offering some gratuity, grant or special Administration
privilege • GSIS
• SSS
• Public Attorney’s Office
C Those set up to function in situations wherein the • BIR
government is seeking to carry on certain functions of the • Bureau of Customs
government • Bureau of Immigration
• LRA
• Most administrative
agencies
I Those agencies imbued with social policy set up to • NLRC
function in situation wherein the government is seeking • DAR
to adjust individual controversies because of some strong • Commission of Audit
social policy involved • SEC
P Those set up to function in situations wherein the • SEC
government is seeking under police power to regulate • MTRCB
private businesses and individuals • Dangerous Drugs Board
• Games and Amusement
Board
D. ORGANIZATION OF ADMINISTRATIVE BODIES

CREATION Some administrative agenecies are a. By Congress

created by or receive their powers from b. By Executive
constitutional provisions which may be Department
self-executing, but most of them have
their source in legislative enactment
REORGANIZATION Subject to expansion or contraction of a. Congress has vested
their powers and functions or to power to the President
reorganization at the will of the Congress to reorganize executive
agencies and
redistribute functions
ABOLITION Congress can delegate the power to a. Authorizing the
create positions President to create,
abolish or merge offices
in the executive
department

CHAPTER 4
INVESTIGATORY POWERS
Villaluz vs Zaldivar: Power to control of the President may
1. Initiation of Investigation extend to power to investigate, suspend, or remove officers
and employees who belong to the executive department
Ruiz vs Drilon: Respondent in administrative case is NOT
entitled to be informed of the findings and
recommendation of investigatory committee

2. Conduct of Investigation Sec. of Justice vs Lantion: Due process rights of notice and
hearing may be invoked at evaluation stage of extradition
proceedings

Pefianco vs Moral: Respondent in administrative case is

NOT entitled to be informed of the findings and
recommendation of investigatory committee
Camara vs Municipal Court: *Warrant must first be
furnished and show before any investigation or search and
seizure*

3. Investigation and Examination
Salazar vs Achacoso: *Article III, Sec 3 of 1973 Constitution
provides that “such other responsible officer as may be
authorized by law” may issue warrant, but Article III Section
2 of 1987 Constitution removed such provision and limited
it to judges only. *
Catura vs Salvador: The documents required to be
produced constitutes evidence of the most solid character
as to whether or not there was a failure to comply with the
4. Requirements as to account,
records and reports
5. Requiring attendance of
witnesses, giving of testimony
and production of evidence
6. Hearing
7. Contempt Proceedings
8. Application of technical rules
of procedure and evidence
mandates of the law. It is not for this Court to whittle down
the authority conferred on administrative agencies to
assure the effective administration of a statute
Evangelista vs Jarencio: Subpoena is within legal
competence of PARGO to issue pursuant to EO No. 4 which
empowered it to “summon witnesses..”
Office of the Administrator vs Canque: Administrative due
process cannot be fully equate with due process in its strict
judicial sense. A formal or trial-type hearing is NOT
required.
Carmelo vs Ramos: Remedy if administrative bodies cannot
punish for contempt? They may go to courts and ask the
court to cite the person in contempt (Section 580 of Admin
Code)
Masangcay vs COMELEC: When COMELEC exercises
ministerial function it cannot exercise power to punish
contempt because such power is inherently judicial in
nature.
Bedol vs COMELEC: To withhold from COMELEC power to
contempt would render nugatory the investigatory power
which is an essential element to mandate to secure honest
and credible election.
Gaoiran vs Alcala: In administrative proceeding, technical
rules of procedure and evidence is NOT strictly applied.