ADMINISTRATIVE LAW a.

Protection of private rights

CHAPTER I: INTRODUCTION b. Subject matter is the nature and mode of
exercise of administrative power and the
Administrative law - that branch of modern law under
system of relief against administrative
which the executive department of government acting in
action.
a quasi-legislative or quasi-judicial capacity, interferes
with the conduct of the individual for the purpose of 2. Delegated powers and combined powers
promoting the well-being of the community, as under
a. Concerned with officers and agencies
laws regulating public corporations, business affected
exercising delegated powers.
with a public interest, professions, trades and callings,
rates and prices, laws for the protection of the public b. Concerned with the results from a fusion
health and safety and the promotion of the public of different types of governmental
convenience and advantage. (Dean Roscoe Pound) powers in certain public officers which
are part of the executive branch of the
- It means that part of the law which governs the
government including a coercive power
organization, functions, and procedures of administrative
over individuals.
agencies of the government to which (quasi) legislative
powers are delegated and (quasi) judicial powers are
granted, and the extent and manner to which such
agencies are subject to control by the courts. ADMINISTRATIVE LAW VS OTHER CATEGORIES
OF LAW

ADMINISTRATIVE INTERNATIONAL
SCOPE OF ADMINISTRATIVE LAW LAW LAW
Administrative authorities – all those public officers As to the impact of the law to administrative officers
and organs (i.e., administrative agencies) of the
It lays down the rules GR: It is not binding
government that are charged with the amplification,
which shall guide the upon the officers of any
application and execution of the law, but do not include, officers of the government considered in
by virtue of the doctrine of separation of powers, administration in their their relation to their own
Congress and the regular courts. actions as agents of the government.
government.
XPN: If international law
Administrative law covers the following: is adopted in the
administrative law.
1. The law which fixes the administrative
organization and structure of the government;
ADMINISTRATIVE CONSTITUTIONAL
2. The law, the execution or enforcement of which LAW LAW
is entrusted to administrative authorities; As to its scope
It gives and carries out It prescribes the general
3. The law which governs public officers including this plan in its minutest plan or framework of
their competence (to act), rights, duties, details governmental
liabilities, election etc. organization.
4. The law which creates administrative agencies, As to the treatment of individual rights
defines their powers and functions, prescribes It treats individual rights It treats of the rights of
their procedures, including the adjudication or from the standpoint of the the individual in general.
powers of the
settlement by them of contested matters
government. It
involving private interests;
emphasizes the powers of
5. The law which provides the remedies, government and duties of
administrative or judicial, available to those the citizens
aggrieved by administrative actions or decisions; As to the protection of individual rights
It indicates to individuals, It prescribes limitations
6. The law which governs judicial review of, or remedies for the violation on the powers of the
relief against, administrative actions or of their rights. government to protect the
decisions; rights of individuals
against abuse in their
7. The rules, regulations, orders and decisions exercise
(including presidential proclamations) made by TN: Administrative law is the necessary supplement to
administrative authorities dealing with the constitutional law.
interpretation and enforcement of the laws
entrusted to their administration; and ADMINSTRATIVE
CRIMINAL LAW
LAW
8. The body of judicial decisions and doctrines As to its capability to overlap one another
dealing with any of the above. It does not necessarily It consists really of a
include criminal law. body of penal sanctions
which are applied to all
branches of the law,
Concerns of administrative law
including administrative
1. Private rights law.
 ADMINISTRATIVE LAW OF PUBLIC
LAW ADMINISTRATION
As to its scope
It refers to the external It is broader in scope. It
aspect of public focuses on the internal
administration. It is the side of the management
narrower branch of public and direction of various
administration. organs of the state.
SUBDIVISIONS OF ADMINSTRATIVE LAW
The following are the principal subdivisions of
administrative law:
1. The law of internal administration – legal
relations between the government and its
administrative officers and legal relations
between an administrative officer/organ to
another.
Example:
Legal qualifications for office; the legal
disqualifications of officers;
2. The law of external administration – legal
relations between administrative authorities and
private interests.
a. A survey of the powers and duties of
administrative authorities that relate
directly to private interests;
b. An analysis of the scope and limits of
such powers;
c. Some account of the sanctions attached
to, or the means of enforcing, official
determinations; and
d. An examination of the remedies against
official action.
CLASSIFICATION OF ADMINISTRATIVE LAW
1. As to its source
a. The law that governs administrative
authorities – this includes the
constitution, statutes, judicial decisions,
executive order, administrative orders
etc.
b. The law made by administrative
authorities – this includes general
regulations and particular
determinations in accordance with the
delegation of powers.
2. As to its purpose
a. Adjective or procedural
administrative law – it establishes the
procedure which an agency must or may
follow in pursuit of its legal purpose.
b. Substantive administrative law – the
law establishes the rights and duties
instead of set of procedures.
3. As to applicability
a. General administrative law - It is that
part of administrative law which is of a
general nature and common to all, or
most, administrative agencies. It
includes such provisions which interpret
the mandate of the Constitution.
b. Special or particular administrative
law - It is that part of administrative law
that pertains to particular agencies. It
proceeds from the particular statute
creating the individual agency.
ORIGIN AND DEVELOPMENT OF
ADMINISTRATIVE LAW
1. Recognition 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 agency – administrative law
resulted from the increased functions of the
government.
5. Law on the making
Advantages of administrative process
1. Advantages of administrative adjudication as
compared with executive action
2. Limitation upon the power of the courts
3. Trend toward preventive legislation - minimize
the risk of litigation or to secure more certainty
as to legal rights and duties.
4. Limitations upon effective legislative actions
5. Limitations upon exclusively judicial
enforcement – establishes uniform policies in
accordance with the authority provided by the
law.
6. Advantages of continuity of attention and clearly
allocated responsibility - Administrative
agencies have the time and facilities to become
and to remain continuously informed, and they
can be given unified responsibility for
effectuating the broad policies laid down by
Congress.
7. Need for organization to dispose of volume of
business and to provide the necessary records -
In the registration of securities, the Securities
and Exchange Commission (SEC) must be
organized to collect and collate huge masses of
data available for immediate reference by clerks,
accountants, analysts.
CRITICISMS AGAINST ADMINISTRATIVE
ACTION
1. Tendency towards arbitrariness;
2. Lack of legal knowledge and aptitude in
sound judicial technique
3. Susceptibility to political bias or pressure
often brought about by uncertainty of tenure;
4. A disregard for the safeguards to insure a
full and fair hearing;
 5. Absence of standard rules or procedure competent to act, but
suitable to the activities of each agency; furthermore, they must
decide whether in case
6. A dangerous combination of legislative, they are competent to act,
executive and judicial functions. it is wise for them to act.
RELATION BETWEEN ADMINISTRATIVE
AGENCIES AND COURTS ADMINISTRATION AS A SEPARATE POWER
1. Collaborative instrumentality of justice - courts It may be viewed in two senses:
and agencies, courts may entertain action
brought before them, but call to their aid the 1. As a function - "Administration" is the
appropriate administrative agency on questions execution, in non-judicial matters, of the law or
within its administrative competence. (e.g. will of the State as expressed by the competent
doctrine of primary jurisdiction) authority. It is the activity of the executive
officers of the government.
2. Role of courts
2. As an organization - administration is both the
a. to accommodate the administrative function of execution of the law (or management
process to the traditional judicial of government affairs) and the totality of the
system; executive and administrative authorities.
b. to accommodate private rights and the ADMINISTRATION GOVERNMENT
public interest in the powers reposed in AS AN
administrative agencies; and ORGANIZATION
Administration refers to Government is the
c. to reconcile in the field of administrative the aggregate of those aggregate of authorities
action, democratic safeguards and persons in whose hands which rule a society
standards of fair play with the effective the reins of government
conduct of government. are entrusted by the
people for the time being.
3. Discharge of judicial role, the courts must aim:
a. To maintain the constitution and CHAPTER II
maintain the constitutional and statutory
rights of persons. CREATION, REORGANIZATION, AND ABOLITION
OF ADMINISTRATIVE AGENCIES
b. to give due respect to the role of the
administrative agencies, and not to Administrative agency - is the term used generally to
usurp or unwarrantedly limit the powers describe an agency exercising some significant
and functions lawfully vested in them, combination of executive, legislative, and judicial
or interfere with the proper exercise of powers.
their valid powers
- It is a government body charged with administering
c. to lend the powers of the court to the and implementing particular legislation.
proper attainment of the valid objectives
- Under the Administrative Code of 1987, the term
of the administrative agency;
agency of the Government is used to refer to any of the
d. to leave to the legislature or the people various units of the Government, including a
the remedy for administrative action department, bureau, office, instrumentality, or
which may be unwise or undesirable but government-owned or -controlled corporation, or a local
is within the lawful powers of the government or a distinct unit therein.
agency.
National agency – refers to the unit of the national
ADMINISTRATION OF GOVERNMENT VS government.
ADMINISTRATION OF JUSTICE
Local agency – refers to the unit of the local
ADMINISTRATION ADMINISTRATION government.
OF GOVERNMENT OF JUSTICE
They are called They are called judicial ADMINISTRATIVE COURT
administrative officers officers AGENCY/BODY
The work done is not Their work consists the Generally a large Court is a tribunal which
necessarily the result of decision of controversies organization staffed by is presided by one or
any controversy and is between individuals and men who are deemed to more jurists learned in the
not merely dependent on government officers as to become something of law;
the solution of the the applicability in the experts in their particular
question "what is the case in question to a fields.
law" but made also as a particular rule of law. The first performs a One function – judicial
result of consideration of variety of functions. function.
expediency. The first uses a varying The second is more or
Administrative officers Judicial officers have to degree of discretion in less governed by fixed
must determine, of do is to determine what arriving at decisions and rules in arriving at its
course, what is the law in law is applicable to the often proceeds without decisions and bound by
order to determine facts brought before being bound by technical the rules that no final
whether they are them. rules of evidence or adjudication is to be
 procedure. made until after due
notice to the parties with
opportunity for a full and
fair hearing.

Status or character of particular administrative

agencies
- It is dependent on the constitutional or statutory
provisions creating them.
As public or governmental agencies

 Representing no private interests of their own,

but functioning or acting within the scope of
their authority, for and on behalf of the
government, and as representatives of the public,
or guardians or protectors of their interest, and
not those of private persons.
As judicial bodies or courts

 Administrative agencies cannot exercise purely

judicial functions, do not have the inherent
powers of a court, are not bound in their
proceedings by all the rules applicable to
proceedings in court.

 Administrative agencies exercising adjudicatory

powers are judicial bodies or courts in the broad
sense.

 The functions of an administrative agency are

primarily regulatory even if it conducts hearings
and decides controversies to carry out this duty.
As legislative or executive agencies

 Administrative agencies may exercise quasi

legislative power.

 They may be also viewed as part of the

executive branch because of