ADMINISTRATIVE LAW-

The branch of public law which fixes the organization and determines the competence of
administrative authorities and indicated to the individual remedies for the violation of his rights.
KINDS OF ADMINISTRATIVE LAW-
a. Statutes setting up administrative authorities
b. Rules, regulations or orders of such administrative authorities promulgated pursuant to
the purposes for which they were created.
c. Determinations, decisions and orders of such administrative authorities made in the
settlement of controversies arising in their particular fields.
d. Body of doctrines and decisions dealing with the creation, operation and effect of
determinations and regulations of such administrative authorities.

ADMINISTRATION (Meaning)
As a function: the execution, in non-judicial matters, of the law or will of the State as expressed
by competent authority.
As an organization: that group or aggregate of persons in whose hands the reins of
government are for the time being.
KINDS OF ADMINISTRATION:
Internal - legal side of public administration. i.e. matters concerning personnel, fiscal and
planning activities.
External - deals with problems of government regulations. i.e. regulation of lawful calling or
profession, industries or business.
ADMINISTRATIVE AGENCIES
Organ of government, other than a court and other than a legislature, which affects the
rights of private parties either through adjudication or rule-making.
Administrative agencies are created either by:
1. Constitutional provision;
2. Legislative enactment; or
3. Authority of law.

A body or agency is administrative where its function is primarily regulatory even

if it conducts hearings and determines controversies to carry out its regulatory duties.

On its rule-making authority, it is administrative when it does not have discretion

to determine what the law should be but merely prescribes details for the enforcement of
the law.

TYPES OF ADMINISTRATIVE AGENCIES

 1. Bodies set up to function in situations where the government is offering some gratuity,
grant or special privilege. i.e. Bureau of Lands
2. Bodies set up to function in situations wherein the government is seeking to carry on
certain of the actual business of government. i.e. BIR
3. Bodies set up to function in situations wherein the government is performing some
business service for the public. i.e. MWSS
4. Bodies set up to function in situations wherein the government is seeking to regulate
business affected with public interest. i.e. LTFRB
5. Bodies set up to function in situations wherein the government is seeking under the
police power to regulate private businesses and individuals. i.e. SEC
6. Bodies set up to function in situations wherein the government is seeking to adjust
individual controversies because of a strong social policy involved. i.e. ECC
7. Bodies set up to make the government a private party. i.e. GSIS

POWERS OF ADMINISTRATIVE BODIES

1. Quasi-legislative or rule-making power
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers.

1.) Quasi-Legislative Power

Quasi—legislative power is the power to make rules and regulations which results in
delegated legislation that is within the confines of the granting statute and the doctrine of non-
delegability and separation of powers.
Rules and regulations issued by administrative authorities pursuant to the powers
delegated to them have the force and effect of law; they are binding on all persons subject to
them, and the courts will take judicial notice of them.
The function of promulgating rules and regulations may be legitimately exercised only for
the purpose of carrying out the provisions of the law into effect. Thus, administrative regulations
cannot extend the law or amend a legislative enactment, for settled is the rule that
administrative regulations must be in harmony with the provisions of the law.
Administrative issuances must not override, but must remain consistent with the law they
seek to apply and implement. They are intended to carry out, not to supplant nor to modify the
law.
Both Letters of Instruction and Executive Orders are presidential issuances; one may
repeal or otherwise alter, modify or amend the other, depending on which comes later.
An administrative order is an ordinance issued by the President which relates to specific
aspects in the administrative operation of the Government.
KINDS OF ADMINISTRATIVE RULES AND REGULATIONS
a. Supplementary or Detailed Legislation-
They are rules and regulations “to fix the details” in the execution and
enforcement of a policy set out in the law, i.e. Rules and Regulations Implementing the
Labor Code

b. Interpretative Legislation-
They are rules and regulations construing or interpreting the provisions of a
statute to be enforced and they are binding on all concerned until they are changed, i.e.
BIR Circulars, CB Circulars, etc.

c. Contingent Legislation-
They are rules and regulations made by an administrative authority on the
existence of certain facts or things upon which the enforcement of the law depends.

REQUISITES FOR VALIDITY OF ADMINISTRATIVE RULES AND REGULATIONS

1. Issued under the authority of law.
2. Within the scope and purview of the law.

The power of administrative officials to promulgate rules in the implementation of

a statute is necessarily limited to what is provided for in the legislative enactment. The
implementing rules and regulations of a law cannot extend the law or expand its
coverage, as the power to amend or repeal a statute is vested in the Legislature.