Memory Aid made effective in said islands, whether

pertaining to the central government or to

General Principles the provincial or municipal branches or
other form of local government.
Political law - That branch of public law which
deals with the organization and operation of the National Government
government organs of the state and defines the
relations of the state with the inhabitants of its - Refers only to the central government,
territory. consisting of the legislative, executive and
judicial departments of the government,
Its subdivisions as distinguished from local governments
and other governmental entities and is not
a. Constitutional Law synonymous therefore with the term “The
b. Admin law Government of the Republic of the
c. Law on public officers Philippines” or “Philippine Government”.
d. Law on public corporations (Revised Admin Code)
- Refers to the entire machinery of the
Administrative law - “that branch of public law central government, as distinguished from
which fixes the organization of government and the different forms of local government
determines the competence of the administrative
authorities who execute the law, and indicates to Local government
the individual the remedies for the violation of his
rights. - A political subdivision of a nation or state
which is constituted by la and has
Government - That institution or aggregate of substantial control of local affairs
institutions by which an independent society - Refers to the political subdivision
makes and carries out those rules of action which established by or in accordance with the
are necessary to enable men to live in a social Constitution
state, or which are imposed upon the people
forming that society by those who possess the Administrative regions
power or authority of prescribing them.
- Mere groupings of contiguous provinces
Administration - The aggregate of those for administrative purposes, not for
persons in whose hands the reins of government political representation
are for the time being.
Agency of the government
- As a function – the execution, in non-
judicial matters, of the law or will of the - Refers to any of the various units of the
state as expressed by competent government, including a department,
authority. bureau, office, instrumentality, or GOCC,
- Kinds: or a local government or a distinct unit
o Internal – legal side of public therein.
administration, e.g., matters
concerning personnel, fiscal and Government instrumentality
planning activities
o External – deals with problems of - Refers to any agency of the government,
government regulations, e.g., not integrated within the department
regulation of lawful calling or framework, vested with special functions
profession, industries or or jurisdiction by law, endowed with some
businesses. if not all corporate powers, administering
special funds, and enjoying operational
Concept of government autonomy, usually through a charter.

a. Self-constitutive Chartered institution

- It is not created or established by any
organization - Refers to any agency organized or
- Has exclusive control over a population operating under a special charter, and
within a definite territory vested by law with functions relating to
b. Self-regulated specific constitutional policies or
- It is bound only by rules of its own making, objectives.
and does not abide by or implement - Includes State Universities and Colleges
orders of other governmental and the monetary authority of the state.
organization;
Sources of Admin Law
c. Has a clear coercive authority
d. It has as part of itself and subject to its 1. 1987 Constitution
exclusive control, a military establishment; 2. The Administrative Code of 1987
3. Statutes
Government of the Republic of the
4. Rules, regulations and decisions
Philippines
promulgated by admin authorities
- Refers to the corporate governmental 5. Judicial decisions
entity through which the functions of
Administrative bodies or agencies
government are exercised throughout the
Philippine islands, including the various - Organ of government other than a court
arms through which political authority is and other than a legislature, which affects
 the rights of private parties either thru
adjudication or rule-making.
- Created by:
1. Constitutional provision
2. Legislative enactment
3. Authority of law
- Criterion:
o 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 duty
o On its rule-making authority, it is
administrative when it does not
have discretion to determine what
the law shall be but merely
prescribes details for the
enforcement of the law.
Creation of Admin Authorities
- Administrative authorities are created by:
a. Constitutional provisions
b. Legislative enactments
c. Autonomous region’s enactments;
and
d. Local government actions
Powers of Administrative Bodies
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
1. Quasi-legislative or rule-making power;
- This is the exercise of delegated
legislative power, involving no discretion
as to what the law shall be, but merely the
authority to fix the details in the execution
or enforcement of a policy set out in the
law itself.
o Rules and authorities issued by
administrative bodies pursuant to
the powers delegated to them have
the force and effect of law;
o 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;
o it must be in harmony with the
provisions of the law;
o it must not override, but must
remain consistent with the law they
seek to apply and implement;
o kinds of administrative Rules or
Regulations
1. supplementary or detailed
legislation
o they are rules and
legislations “to fix the
details” in the execution
and enforcement of a policy
set out in the law, e.g.,
Rules and Regulations
Implementing the Labor
Code
2. interpretative legislation
o 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
3. contingent legislation
o 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.
o Requisites for validity
1. Issued under authority of law
2. Within the scope and purview of
the law
3. Reasonable
4. Publication in the official gazette or
in a newspaper of general
circulation
o Necessity of notice and hearing
o There is no constitutional
requirement for a hearing in the
promulgation of a general
regulation by administrative bodies
o Where the rules are procedural, or
when the rules are merely legal
opinions, there is no notice
required
o However, an admin rule in the
nature of subordinate legislation –
designed to implement a law by
providing its details, and before it is
adopted, there must be a hearing
under the Administrative Code of
1987.
o If it were a legislative function, the
grant of prior notice and hearing to
the affected parties is not a
requirement of due process
o Quasi-judicial functions, prior
notice and hearing are essential to
the validity
2. Determinative Powers
- Power of admin agencies to better enable
them to exercise their quasi-judicial
authority.
a. Enabling – permits the doing of an act
which the law undertakes to regulate
and which would be unlawful without
government approval;
b. Directing – orders the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes;
c. Dispensing – to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
d. Examining – also called investigatory
power; consists in requiring production
of books, papers, etc., the attendance
of witnesses and compelling their
testimony;
e. Summary – power to apply
compulsion or force against persons or
property to effectuate a legal purpose
 without judicial warrants to authorize
such actions.
3. Quasi-Judicial or adjudicatory Power
- Administrative body is normally granted
the authority to promulgate its own rules
of procedure, provided they do not
increase, diminish or modify substantive
rights, and subject to disapproval by the
Supreme Court
- Includes the following powers
a. Power to prescribe rules of
procedure – valid until annulled by
the SC;
b. Subpoena power – not inherent;
maybe exercised only if allowed by the
law and in connection with the matter
they are authorized to investigate.
c. Contempt power – must be expressly
granted, and only in the exercise of the
quasi-judicial function.
- Due process
o A law which hears before it
condemns, which proceeds upon
inquiry and renders judgment only
after trial
o 2 aspects
 Substantive – this serves as
a restriction on the
government’s law and rule-
making powers.
 Procedural due process –
this serves as a restriction
on actions of judicial and
quasi-judicial agencies of
the government.