Administrative Law in different senses/context

Widest sense – entire system of laws under which the machinery of the State works and by which the
State performs all government acts

Very broad – provides the structure of government and prescribes its procedure

Less Comprehensive (Frank Goodnow) – part of public law “relationship between the State and the
citizens” which fixes the organization and determines the competence of the administrative authorities
and indicates to the individual remedies for the violation of his rights

Narrower Signification (Roscoe Pound) – Branch of modern law under which the executive department
of the Government acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of
the individual for the purpose of promoting the well being of the community. Under laws regulating
public interest, profession, trade and calling, price and rates, laws which protect the public health and
safety, and promotion of public convenience

Administration – Not synonymous with administrative law. Can be defined in 2 senses, as an institution
and as a function

Institution – refers to the aggregate of individual in whose hands the reins of government are for the
time being. Refers to the personnel of executive department who has the power to enforce the laws

Function – actual running of the government by the executive authorities through the enforcement of
laws and implementation of properties.

(INPUT CASE NOTES) (Coverage of Executive Department)

Malaga vs Penachos

Luzon Development Bank vs Association of LDP Employees

Iron and Steel Authority vs CA

PLDT vs City of Bacolod

Evolution of Administrative Law

Recognition as a distinct category of law – before it was not traditionally recognized as part of law

Multiplication of government functions – because of growing complexities of the modern society

Growth and utilization of the administrative agencies

Fusion of powers in the administrative agencies

Law in the making – it continues to evolve and develop.

(Atty Gallant: Then the process continues and becomes a full circle)
Criticisms

Administrative bodies have a tendency to arbitrariness – Tendency meaning more often than not there
is arbitrariness. This comes from the exercise of discretion. Discretion sometimes leads to abuse or
whimsical action.