Fauni, Katrizia Cerize Prof: Atty.

Bilang
Administrative and Election Law

Guide Questions #1 (for March 13, 2021)

1. What is administrative law?

Administrative Law is that branch of modern law under which the

executive department of the government, acting in a quasi-legislative or
quasijudicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community.

Moreover, Administrative Law is the law concerning the powers and

procedures of administrative agencies, including specially the law
governing judicial review of administrative actions

2. What is the administrative framework in the Philippines?

The Administrative framework in the Philippines is comprised of

a central government, with territorial and political subdivisions, which
are autonomous. The administrative subdivisions are the provinces,
cities, municipalities, and barangays (the smallest units) and the
autonomous regions in Muslim Mindanao and the Cordilleras.

3. How are administrative agencies created (and abolished)?

The administrative agencies are created through:

a. Constitutional Agencies – those created by the Constitution (e.g.

CSC, COMELEC, COA, CHR)
b. Statutory Agencies (e.g. NLRC, SEC, PRC, Social Security
Commission, Bureau of Immigration, Intellectual Property Office,
Games and Amusement Board, Energy Regulatory Commission, and
Insurance Commission)
c. Executive Orders/Authorities of law (e.g. Factfinding Agencies)

Further, administrative agencies are abolished thorugh:

Experimentation in the field of administration, and particular admin

agencies are sometimes:
Abolished and new ones created embodying the fruits of experience;
Fauni, Katrizia Cerize Prof: Atty. Bilang
Administrative and Election Law

Reorganized or their functions transferred to other agencies.

Congress has at various times vested powers into the President to
reorganize executive agencies and redistribute functions and the
transfers made under such are held by the SC to be within the
authority of President.
Any doubt as to the authority granted to the President and the due
exercise thereof, is determined by congressional approval and
ratification in subsequently recognizing the validity of the transfer by
making appropriations for the purpose of carrying out the transferred
function.

Constitutionally created admin agencies cannot be abolished by

statute, while admin agencies created by statute or through the
authority of a statute may be validly abolished and reorganized by the
legislature

4. What are the reasons for the creation of administrative

agencies?

Administrative agencies are created because the government lacks:

1. Time (to respond to problems);

2. Expertise, and
3. Organizational aptitude for effective and continuing regulation of
new developments in society.

5. What are the powers normally given to administrative

agencies? Distinguish between (1) express vs. implied powers,
(2) ministerial vs. discretionary powers, and (3) mandatory vs.
directory powers and duties.
The powers of administrative agencies are:
1. Quasi-legislative (Rule-making)
2. Quasi-judicial (Adjudicatory);and
3. Determinative powers:

a. Enabling powers - permit the doing of an act which the law

undertakes to regulate and which would be unlawful without
government approval (e.g. issuance of licenses to engage in
particular business or occupation)
Fauni, Katrizia Cerize Prof: Atty. Bilang
Administrative and Election Law

b. Directing powers - order the performance of particular acts to

ensure compliance with the law and often exercised for
corrective purposes
i. Dispensing powers - allows the administrative officer to relax
the general operation of a law or exempt from performance of a
general duty
ii. Examining powers - enables the administrative body to
inspect the records and premises, and investigate the activities,
of persons or entities coming under its jurisdiction
iii. Summary powers -those involving use by administrative
authorities of force upon persons or things without necessity of
previous judicial warrant

6. Does the President have the power of control over

administrative agencies? How about power of supervision?

The Executive is given much leeway in ensuring that our laws

are faithfully executed. As stated above, the powers of the President
are not limited to those specific powers under the Constitution. One of
the recognized powers of the President granted pursuant to this
constitutionally mandated duty is the power to create ad hoc
committees. This flows from the obvious need to ascertain facts and
determine if laws have been faithfully executed. There is no usurpation
on the part of the Executive of the power of Congress to appropriate
funds, because there will be no appropriation, but only an allotment or
allocation of existing funds already appropriated.

7. What is the doctrine of qualified political agency?

In the Doctrine of qualified political agency, All the different

executive and administrative organizations are mere adjuncts of the
Executive Department. This is an adjunct of the Doctrine of One
Executive.

Moreover, the heads of the various executive departments are

assistants and agents of the Chief Executive.

8. Distinguish quasi-legislative powers and quasi-judicial powers

of administrative agencies.
Quasi-legislative or rule-making power is the power to make rules
and regulations that results in delegated legislation that is within the
confines of the granting statute and the doctrine of non-delegability and
separability of powers.
Fauni, Katrizia Cerize Prof: Atty. Bilang
Administrative and Election Law

On the other hand, Quasi-judicial or administrative adjudicatory

power is the power to hear and determine questions of fact to which the
legislative policy is to apply and to decide in accordance with the
standards laid down by the law itself in enforcing and administering the
same law. The administrative body exercises its quasi-judicial power
when it performs in a judicial manner an act that is essentially of an
executive or administrative nature, where the power to act in such
manner is incidental to or reasonably necessary for the performance of
the executive or administrative duty entrusted to it.

9. In the exercise of quasi-legislative powers, do administrative

agencies need to follow notice and hearing requirements?

No. In the performance of its legislative functions, such as

issuing rules and regulations, an administrative body need not comply
with the requirements of notice and hearing.

10. What are the kinds of quasi-legislative powers and functions of

administrative agencies? Describe each.

The kinds of quasi-legislative functions are as follows:

1. Supplementary legislation, which pertains to rules and regulations

to fix details in the execution of a policy in the law such as the IRRs
of the Labor Code.
2. Interpretative legislation which pertains to 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, such
as the BIR Circulars.

11. What are the standards for a valid delegation of legislative

power to administrative agencies?

The general rule barring delegation of legislative powers is subject

to the following recognized limitations or exceptions:
a. Delegation of tariff powers to the President;
b. Delegation of emergency powers to the President;
c. Delegation to the people at large;
d. Delegation to local governments; and
Fauni, Katrizia Cerize Prof: Atty. Bilang
Administrative and Election Law

e. Delegation to administrative bodies.

Moreover, the requisites for a Valid Delegation are as follows:

1. Completeness Test which the law must be complete in itself and
must set forth the policy to be executed. The law must be complete
in all its terms and conditions when it leaves the legislature such
that when it reaches the delegate the only thing he will have to do is
enforce it; and
2. Sufficient Standards Test which the law must fix a standard, the
limits of which are sufficiently determinate or determinable, to which
the delegate must conform.

12. What are the requirements for the validity of administrative

regulations issued in accordance with its quasi-legislative
powers?

In the performance of its executive or legislative functions, such

as issuing rules and regulations, an administrative body need not
comply with the requirements of notice and hearing

13. What is administrative interpretation or contemporary

construction and how is it different from rule-making powers?

Administrative Interpretations may eliminate construction and

uncertainty in doubtful cases. When laws are susceptible of two or
more interpretations, the administrative agency should make known
its official position.

Also, Administrative interpretation is merely advisory; Courts

finally determine what the law means.

On the other hand, rule making powers is the power to make

rules and regulations that results in delegated legislation that is within
the confines of the granting statute and the doctrine of non-
delegability and separability of powers.