ASYNCHRONOUS JANUARY 14

(1) Definitions - Administrative Law, Administration, National Government of the

Philippines, Local Government Units

● Administrative Law - This refers to the branch of modern law wherein 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. This means that it will regulate or control the administrative
organization and operations of the government followings its prescribed procedures.
o Administrative law complements Constitutional Law insofar as it determines the
rules of law relative to the activity of the admin authorities. It also supplements
Constitutional law insofar as it regulates the administrative organization of the
government.
o Constitutional law is different administrative law because it lays down the general
rules of the government which are fundamental.
o Quasi-judicial – it means that an agency can as a court or like a court but they are
not necessarily under the judicial branch. Example: Civil Service Commission
(CSC). As an adjudicator, its mandated function is to “hear and decide
administrative cases instituted by or brought before it directly or on appeal,
including contested appointments and to review decisions and actions of its
offices and agencies”.
o The importance of administrative law is that it contains bodies of laws and
procedures and legal institutions affecting government agencies and does not only
administer legislated laws and implements such but also administers public
programs.
● Administration – This refers to the activity of the executive officers of the government,
extending from the Chief Executive to its subordinates. Furthermore, administration can
also be defined as a function whereby, it is an implementation or execution of the law or
the State which is done by a competent authority. Its execution is not of judicial matter.
o Nature of administration – A government structure which enacts only specific
laws and regulations that are assigned to them.
● National Government of the Philippines - This refers to the entire machinery of the
central government, from the office of the President to the different departments. A
government is made for the purpose of having a civilized state and that same Government
is the aggregate of authorities that rules the society/state.
o Legislative (Article 6) – authorized to make laws, alter, and repeal them through
the power vested in the Philippine Congress. This institution is divided into the
Senate and the House of Representatives. Senate president is Juan Miguel Zubiri.
House speaker is Martin Romualdez.
o Executive (Article 7) – composed of the President and the Vice President who are
elected by direct popular vote and serve a term of six years. The Constitution
 grants the President authority to appoint his Cabinet. There are 22 executive
departments (e.g., DepEd – Sarah Duterte).
o Judicial (Article 8) – holds the power to settle controversies involving rights that
are legally demandable and enforceable. It is made up of a Supreme Court and
lower courts. 14 associates. Supreme Court Chief Justice – Alexander G.
Gesmundo.
● Local Government Units - This refers to the political subdivisions established by or in
accordance with the Constitution. These political units are composed of provinces, cities,
municipalities and barangays. An example of an LGU is the office of the governor down
to barangay, as prescribed by the Local Government Code.
o There are 44 LGUs. Local government units (LGUs) oversee local governance in
81 provinces, 144 cities, 1,490 municipalities, and 42,028 barangays across the
country. LGU officials are responsible for providing direct and basic services to
the people and ensuring peace and order within communities.

(2) Scope of Administrative Law

(1) Structure - The law which fixes the administrative organization and structure of the
government. This means that the statute is for the purpose of ensuring that the
subordinate officers perform their duties.
(2) Enforcement - The execution or enforcement of which is entrusted to administrative
authorities. This means that the execution of the law passed by the Congress is part of
administrative law as these bodies are entrusted with enforcement and execution of laws
which are related to their powers or structures.
(3) Accountability of Officers - The law which governs public officers including their
competence (to act), rights, duties, liabilities, election, etc. These public officers can be
created through the Constitution, the statute duly enacted by Congress, or by authority of
law. This is for the purpose of knowing the rights, duties, and liabilities of these officers
so that they can be hold accountable.
(4) Administrative Powers - The law which creates administrative agencies, defines their
powers and functions, prescribes their procedures, including the adjudication or
settlement by them of contested matters involving private interests.
(5) Remedies - The law which provides the remedies, administrative or judicial, available to
those aggrieved by administrative actions or decisions. This means that there are
remedies provided, either administrative or judicial, for any person who claims to be
aggrieved by administrative actions or decisions.
(6) Relief - The law which governs judicial review of, or relief against, administrative
actions or decisions.
(7) Rules and Regulations - The rules, regulations, orders and decisions (including
presidential proclamations) made by administrative authorities dealing with the
interpretation and enforcement of the laws entrusted to their administration.
(8) Jurisprudence and Legal Principles - The body of judicial decisions and doctrines dealing
with any of the above. This means that administrative law does not only cover the law
 that governs administrative authorities but it also consists of legal decisions that interprets
and applies the terms under the appropriate principles of justice and equity.

(3) Different Classifications of Administrative Law

The different classifications of Administrative Law are the following:
● Source – made by administrative authorities
o The law that controls administrative agencies – Constitution, statutes, judicial
decisions, executive orders of the President, and administrative orders of
administrative superiors giving orders to subordinates.
o The law made by administrative authorities – Made by administrative authorities
includes both general regulations and particular determinations. Examples:
presidential proclamations under flexible tariff clause, rules of practice and
decisions of administrative tribunals and the cease-and-desist orders of the
Securities and Exchange Commission.
● Purpose
o Adjective or procedural administrative law – Procedure of an agency that follows
the pursuit of legal purpose. Derived from Constitution, or statute.
o Substantive administrative law – Derived from Constitution, or statute.
Established primary rights and duties.

● Applicability
o General administrative law – Includes provisions that interpret the mandate of the
Constitution and that there must be due process of law.
o Special or particular administrative law – Pertains to particular agencies.
Example: Laws regulating immigration which prescribes the condition and
restriction under which aliens may be admitted to and excluded or deported from
this country.