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Administrative law – that branch of public law which
fixes the organization of government and
determines the competence of the administrative
authorities who execute the law, and indicates to
the individual remedies for the violation of his rights
- Prescribes individual relief
Constitutional law – study of the maintenance of the
proper balance between authority as represented
by the 3 inherent powers of the state and liberty as
guaranteed by the Bill of Rights
- Prescribe limitations on exercise of governmental
powers
Administrative agency – a body endowed with
quasi-legislative and quasi-judicial powers to
enable it to enforce laws; an organ of government,
excluding legislature and courts, which affects the
rights of private parties either through rule-making
and adjudication
SOURCES OF ADMINISTRATIVE LAW
1. Constitutional or statutory enactments creating
administrative bodies
2. Decisions of courts interpreting the charters of
administrative bodies and defining their powers,
rights, inhibitions, among others, and the effects of
their determinations, and regulations
3. Rules and regulations issued by the administrative
bodies in pursuance of the purposes for which they
were created
4. Determinations and orders of the administrative
bodies in the settlement of controversies arising in
their respective fields
Administrative agency – described as a body
endowed with quasi-legislative and quasi-judicial
powers to enable it to enforce laws; also described
as an organ of government, excluding legislature
and courts, which affects the rights of private
parties either through rule-making and adjudication
Regular court – an organ of government belonging
to the judicial department the function of which is
the application of the laws to controversies brought
before it as well as the public administration of
justice
MANNER OF ORGANIZATION OF
ADMINISTRATIVE AGENCIES
Modes of creating public office (Sec. of DOTC v.
Mabalot)
1. By the Constitution
2. By law (statute enacted by Congress)
3. By authority of law
Reorganization
Christiane Marie L. Bajada Administrative Law
- Those created by law may be reorganized pursuant
to said law providing for its establishment or
another law authorizing said reorganization
- So long as it would not involve an abolition or
transfer of offices and is carried out in good faith by
the person authorized to effect the same, the
validity of the same would have to be upheld
- Purpose of reorganization: effective, efficient,
economy
- Test of validity of reorganization = pursuant to good
faith
Abolition
- Manner = by the same mode in which it was
created
KINDS OF ORDINANCES THE PRESIDENT CAN
PROMULGATE (PGAM2E)
1. Proclamations
2. General or special orders
3. Administrative orders
4. Memorandum order
5. Memorandum circular
6. Executive orders
TYPES OF ADMINISTRATIVE BODIES
1. Those set up to offer some gratuity, grant or special
privileges (PVA)
2. Those set up to carry on certain actual business of
government (BOC and BIR)
3. Those set up to perform some business service for
the public (MWSS)
4. Those set up to regulate business affected with
public interest (LTFRB)
5. Those set up to regulate private business and
individuals under the police power (SEC)
6. Those set up to adjudicate individual controversies
because of strong political policy involved (NLRC &
ECC)
7. Those set up to make the government a private
party (GSIS & SSS)
DOCTRINE OF SEPARATION OF POWERS
- Operates to maintain the legislative powers to the
legislative department, executive powers to the
executive department and those which are judicial
in character to the judiciary
- Through this allocation of powers, the person
entrusted shall not be permitted to encroach upon
the power confided to the others but that each shall
by the law of its creation, be limited to the exercise
of powers appropriate to its own department and no
other
PRINCIPLE OF BLENDING OF POWERS
- Instances where powers are not confined
exclusively within 1 department but are assigned to
or shared by several departments
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DOCTRINE OF NON-DELEGATION OF
LEGISLATIVE POWER
- What has been delegated cannot be further
delegated (potestas delegate non delegari protest)
- A delegated power must be discharged directly by
the delegate and not through the delegate’s agent
Exceptions – Permissive Delegation of Powers
1. Delegation of tariff powers to the president – the
necessity of giving the chief executive the authority
to act immediately on certain matters affecting the
national economy
2. Delegation of emergency powers to the president –
self-liquidating unless sooner withdrawn
Conditions for the vesture of emergency powers:
a. There must be war or other national emergency
b. The delegation must be for a limited period only
c. The delegation must be subject to such
restrictions as the Congress may prescribe
d. The emergency powers must be exercised to
carry out a national policy declared by Congress
3. Delegation to the people at large
4. Delegation to local governments
5. Delegation to administrative bodies
- A.k.a. power of subordinate legislation
- Regulation or supplementary rules passed by the
administrative bodies are intended to fill-in the
gaps and provide details to what is otherwise a
broad statute
- For the rules & regulations to be valid and binding,
they must be in accordance with the statute on
which they are based, complete in themselves,
and fix sufficient standards
- If any of the requirements is not satisfied, the
regulation will not be allowed to affect private
right
Test to determine validity of delegation
1. Completeness test – law must be complete in all its
essential terms & conditions when it leaves the
legislature so that there will be nothing left for the
delegate to do when it reaches him except enforce
it
2. Sufficient standard test
- Intended to map out the boundaries of the
delegate’s authority by defining the legislative
policy and indicating the circumstances under
which it is to be pursued and effected
- Purpose is to prevent a total transference of
legislative power from the lawmaking body to the
delegate
ADMINISTRATIVE POWER AND
ADMINISTRATIVE ORDER
Administrative power – concerned with the work of
applying policies and enforcing orders as
determined by proper governmental organs;
enables the President to fix a uniform standard of
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administrative efficiency and check the official
conduct of his agents
Administrative order – an ordinance issued by the
President which relates to specific aspects in the
administrative operation of government
THREE FUNCTIONS OF ADMINISTRATIVE
AGENCIES
1. Quasi-legislative – to promulgate rules and
regulations
2. Quasi-judicial – to adjudicate cases
3. Executive and administrative functions – to issue
licenses and permits
- Ministerial by nature
- Includes investigatory power
POWERS OF ADMINISTRATIVE BODIES
1. Power to investigate
2. Power to examine
3. Power to issue subpoena
4. Power to declare contempt
5. Power to issue cease and desist order
6. Power to issue warrants; administrative searches
and seizures
7. Power to impose fines and penalties
8. Power to issue writs
QUASI-LEGISLATIVE FUNCTION
- A.k.a. power of subordinate legislation
- The authority delegated by the lawmaking body to
the administrative body to adopt rules and
regulations intended to carry out provisions of the
law and implement legislative policies.
- The power to make rules and regulations which
results in delegated legislation that it within the
confines of the granting statute and the doctrine of
non-delegability and separability of powers (Holy
Spirit Homeowners Assoc. vs. Sec. Defensor)
- Binding to all persons subjected to them
- In addition to other rule-making requirements
provided by law, each rule shall become effective
15 days from the date of filing with the UP Law
Center unless a different date is fixed by law or
specified in the rule
- Internal rules – only within that particular
administrative agency
Kinds of quasi-legislative power:
1. Supplementary or Detailed legislation – rules and
regulations “to fix the details” in the execution and
enforcement of a policy set out in the law
2. Contingent legislation – ascertain existence of a
contingency; rules & regulations made on the
existence of certain facts or things upon which the
enforcement of the law depends
3. Interpretative legislation – rules & regulations
construing the provisions of a statute to be
enforced; intended to clarify existing statutory
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regulations under which the administrative body
operates
Limits:
1. Must be germane to the powers of the agency
issuing it
2. Issuances must be within the purview of the law
Requisites of Valid Administrative Regulations
1. Must be authorized by the legislature
2. Must be within the scope of authority
3. Must be promulgated in accordance with the
prescribed procedure
4. Must be reasonable
Orders not required to be published:
1. Interpretative regulations and those merely internal
in nature
2. Letters of instructions
Penal regulations
Can an agency administer rules with penal
sanction? = YES, it must have 3 requisites:
1. Statute must allow agencies to implement penal
sanction
2. Penal sanction must be provided in the statute
itself
3. Regulation must be published in Official Gazette
QUASI-JUDICIAL FUNCTION
- Power of adjudication of an administrative agency
for the formulation of a final order
- Neither part of the judicial system nor deemed
judicial tribunals
- Test of a judicial function – the power & authority to
adjudicate upon the rights and obligation of the
parties.
- Substantial evidence is enough
- Power to punish contempt is inherently judicial;
may be exercised only if expressly conferred by law
and when administrative body is engaged in the
performance of its quasi-judicial powers
- Administrative decisions are not part of the legal
system
- Administrative proceedings do not require a trial
type hearing
- The doctrine of res judicata applies only to judicial
or quasi judicial proceedings and not to the
exercise of purely administrative functions.
Administrative proceedings are non litigious and
summary in nature; hence, res judicata does not
apply
Conditions for the exercise of quasi-judicial power
1. Jurisdiction must be properly acquired by the
administrative body
2. Due process must be observed in the conduct of
proceedings
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Requisites of administrative due process
1. Right to a hearing
2. Tribunal must consider evidence presented
3. Decision must have something to support itself
4. Evidence must be substantial
5. Decision must be based on the evidence adduced
at the hearing
6. The board or its judges must act on its or their
independent consideration of the facts and the law
of the case
7. Decision must be rendered in such a manner that
the parties can know the various issues involved
and the reasons for the decision rendered
Requisites for res judicata:
1. The former judgment must be final;
2. It must have been rendered by a court having
jurisdiction over the subject matter and the parties
3. It must be a judgment on the merits
There must be identity of parties, subject matter
and cause of action [Ipekdijan Merchandising v.
CTA (1963), Firestone Ceramics v. CA (1999), DBP
v. CA (2001)]
JUDICIAL REVIEW
- Only factual findings made by quasi-judicial and
administrative bodies supported by substantial
evidence are accorded great respect and even
finality by the appellate courts (Cosmos Bottling
Corporation vs Nagrama, G.R. No. 164403, March
4, 2008)
Exhaustion of administrative remedies
- Whenever there is an available administrative
remedy provided by law, no judicial recourse can
be made until all such remedies have been availed
of & exhausted
- The thrust is that courts must allow administrative
agencies to carry out their functions and discharge
their responsibilities within he specialized areas of
their respective competence (case)
- Only decisions of administrative bodies in relation
to quasi-judicial functions is subject to DEAR
(Coconut Dessicators case)
- Not absolute
Doctrine of prior resort
- Aka doctrine of primary administrative jurisdiction
- Where there is competence or jurisdiction vested
upon an administrative body to act upon a matter,
no resort to the courts may be made before such
administrative body shall have acted upon the
matter
- if a case is such that its determination requires the
expertise, specialized training, and knowledge of an
administrative body, relief must first be obtained in
an administrative proceeding before resort to the
court is had even if the matter is within the
jurisdiction of the said court
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- This rule applies only where the administrative

agency exercises quasi-judicial or adjudicatory
functions
- It prevents the court from arrogating unto itself the
authority to resolve a controversy which falls under
the jurisdiction of a tribunal possessed with special
competence
Doctrine of finality of administrative action
- No resort to the courts will be allowed unless the
administrative action has been completed and there
is nothing left to be done in the administrative
structure
- A party aggrieved must not merely initiate the
prescribed administrative procedure to obtain relief,
but must also pursue it to its appropriate conclusion
before seeking judicial intervention in order to give
that administrative agency an opportunity to decide
the matter by itself correctly and prevent
unnecessary and premature resort to the courts
Effect of failure to exhaust administrative remedies
- Court’s jurisdiction is not affected but the
complainant is deprived of a cause of action which
is a ground for motion to dismiss
- If no MTD is filed on this ground, there is deemed
to be a waiver
Exceptions to the doctrines of primary jurisdiction
and exhaustion of administrative remedies
1. When there is violation of due process
2. When the issue involved is purely a legal question
3. When the administrative action is patently illegal
amounting to lack or excess of jurisdiction
4. When there is estoppel on the part of the
administrative agency concerned
5. When there is irreparable injury
6. When the respondent is a department secretary
whose acts as an alter ego of the President bears
the implied and assumed approval of the latter
7. When to required exhaustion of administrative
remedies would be unreasonable
8. When it would amount to a nullification of a claim
9. When the subject matter is a private land
10. When the rule does not provide a plain, speedy &
adequate remedy
11. When there are circumstances indicating urgency
of judicial intervention
12. When there is strong public interest and
13. In quo warranto proceedings

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