A.

GENERAL PRINCIPLES

Administrative Law
- Branch of public law under which executive branch
of the government interferes with the conduct of
the individual.
B. ADMINISTRATIVE AGENCIES

Admin agency
- Organ of government other than court which affects
rights of private parties through adjudication or rule Subdivisions of the government
making 1. Department – Executive department created by law.
2. Bureau – Principal unit or subdivision of a
National government department.
- Entire machinery of the central government 3. Office – Any major functional unit including regional
officers or may refer to any position held or
Local government occupied by individual persons whose functions are
- Political subdivisions established by or in accordance defined by law.
with the constitution., 4. Instrumentalities – national agencies not integrated
with the department, vested with special functions
Government agency or jurisdiction includes:
- Refers to any various units of the government which a. Regulatory agency – instrumentality that
may be a national agency or a local agency. may regulate
b. Chartered institution – agency operating
2 senses of administration under a special charter includes SUCs and
1. As a function the monetary authority of the state
2. As an institution
 c. GOCCs – Organized as a stock or non stock - Ordinance issued by the President relating to
corporation and owned by the government specific aspects in the administrative operation of
directly or through instrumentalities to the the government.
extent of at least 51% of its capital stock.
Ways of creating of public office or admin agency
Internal administration 1. By constitutional provision
- Includes the legal structure or organization of public 2. By legislative enactment
administration and legal aspects of each institutional 3. By authority of law
activity.

External administration
- Concerned with problems of administrative
regulations and exercise of power.

Administrative power
- Concerned with the work with applying policies and
enforcing orders.

Administrative order
C. POWERS OF ADMIN AGENCIES
Powers of admin agencies
1. Quasi-legislative or rule making power – may be
assailed by a petition for prohibition. This remedy is
an ordinary action for nullification filed with the
RTC. Exhaustion of admin remedies need not be
done before going to court.
2. Quasi-judicial or adjudicatory powers – may be
assailed by a petition for certiorari or petition for
prohibition. Exhaustion of admin remedies must be
satisfied.
Doctrine of Necessary Implication
- All powers necessary for the effective exercise of the Kinds of Legislative Rules
express powers are deemed impliedly granted. Ex.
Power to formulate rules include power to amend
and repeal.
Quasi-legislative power or power of subordinate legislation
Requisites for validity of administrative rule
- Power to make rules and regulations which results
in delegated legislation
Valid Exercise of Quasi-legislative power
- Regulation must be germane to the objectives and
purposes of the law.
Kinds of Administrative Rules and Regulations
1. Legislative rules – Subordinate legislation designed
to provide details
2. Interpretative rules – clarify existing statutory
regulations
1. Supplementary rules – intended to fill in the details
of the law and to make explicit what is only general.
2. Contingent rules - Based on existence of certain
facts upon which enforcement of the law depends.
 1. Issued with authority of law 1. When legislature mandates that regulation shall be
2. Within the scope and purview of the principal law based on certain facts to be determined at an
3. Reasonable investigation
4. Promulgated with the accordance of the prescribed 2. Settlement of controversy between specific parties
procedure with publication, notice, and hearing. 3. Subordinate legislation
Requisites for validity of rules or regulations with penal
sanctions
1. Same as above
2. Law itself must declare the act as punishable
3. Law should define or fix the penalty Exceptions to the publication requirement
1. When issuance is an interpretative regulation
Standard of reasonableness 2. Regulation is merely internal in nature
1. Administrative rules must be involve public welfare 3. It is a letter of instruction issued by admin agency to
2. Method employed must be reasonably related to be followed by subordinates
the purpose of the rule
3. Not arbitrary Quasi-judicial power
4. Declare legislative policy - Power to hear and determine questions of fact and
to decide in accordance with standards based on
When is notice and hearing required? law

Requisites for proper exercise of quasi-judicial power

 1. Jurisdiction
2. Due process
Powers included in the exercise of quasi-judicial power
1. Power to prescribe rules of procedure
2. Subpoena power
3. Contempt power
Cardinal Principles of Due Process
1. Right to hearing
2. Consider evidence presented
3. Evidence must be substantial
4. Decision must be based on law and fact.
5. Decision must be based on evidence adduced at the
hearing and disclose to the parties
6. Board or judge must act on own independent
consideration of facts and law
7. Decision must be rendered in a manner that parties
to the controversy can know various issues involved
8. Tribunal must be impartial
Effect of violation of the cardinal principle of due process
- Proceeding is null and void
Rule on right to counsel in admin proceedings
- Right to counsel is not imperative
Rule on appeal and review of admin cases
- Unless otherwise provided by law, appeal from
decision of admin agency may be taken to the
department head whose decision may be brought to
the regular courts of justice
Are admin decisions considered res judicata
 - Yes, upon their finality, hence, they shall be
conclusive upon the rights of affected parties
Exceptions to the application of res judicata in admin
proceedings
1. May not be invoked in labor relations since such
proceedings are non litigious and summary in nature
2. Judgment rendered on a null contract
When may admin body exercise power of contempt
- When expressly granted and when performing
quasi- judicial functions.
May admin agencies issue warrants of arrests
- No. because constitution only grants this power to
judges. Except in cases of deportation of illegal and
undesirable aliens.
Test whether functions are judicial or merely investigatory
- When agency is not authorized to make a final
pronouncement, it is merely investigatory because
there is absence of judicial discretion
Rate-fixing power of admin agencies
1. Legislative – when rates are meant to apply to all
enterprises of a given kind; prior notice and hearing
is not required.
2. Quasi-judicial – when rates apply exclusively on a
particular party based on a finding of fact; prior
notice or hearing is required.
D. JUDICIAL REVIEW

Requisites of judicial review of admin decisions

1. Prior resort to admin bodies Effect of failure to observe doctrine of primary jurisdiction
2. Exhaustion of admin remedies - Decisions of the court are null and void.

Doctrine of primary jurisdiction Doctrine of Exhaustion of administrative remedies

- Competence of a court to take cognizance of a case - Recourse through court cannot prosper until after all
of first instance admin remedies have been exhausted.
- If an admin tribunal has jurisdiction over a
controversy, courts should not resolve. Exceptions to doctrine of primary jurisdiction and
exhaustion of admin remedies
Requisites of the doctrine of primary administrative 1. Moot
jurisdiction 2. Estoppel
1. Controversy involves question that require sound 3. Amount involved is so small as to make the rule
administrative discretion to determine technical and impractical and oppressive
intricate matters of fact. 4. No PSAR
2. To attain uniformity in the application of regulatory 5. Question is purely legal
laws 6. Admin act is patently illegal
3. Disputes are adjudicated in a just, expeditious, and 7. Quo warranto
inexpensive proceeding. 8. Unreasonable delay will prejudice complainant.
 9. Irreparable damage
10. Violation of due process
11. Strong public interest
12. Judicial intervention is urgent

When to exercise EAR

- When decisions of admin agencies are in the
exercise of quasi-judicial powers Doctrine of exhaustion of Doctrine of primary
admin remedies administrative jurisdiction
Failure to exhaust admin remedies Claim or matter is Claim or matter is
- Ground for motion to dismiss cognizable at first instance cognizable by both court
by admin agency alone and admin agency
Doctrine of finality of administrative action Purpose is to control the Purpose is to determine
- When admin action has become final and executory, timing of judicial relief court of first instance
it is no longer within the jurisdiction of the court to
alter and revoke
- Effect of failure to observe shall cause the action to
be null and void.